FORMER COMMISSIONER KORI MARRA MUST RESIGN IMMEDIATELY!

HARLINGEN CITY CHARTER:

ARTICLE IV. MUNICIPAL GOVERNMENT

SECTION 2. QUALIFICATIONS

The Mayor and each City Commissioner shall fully comply with TEX. LOC. GOVT. CODE  §§ 171.001 – 171.008, and any future amendments pertaining to disclosure of local officials conflicts of interest, and upon conviction of an offense under this statute, said office of Mayor or City Commissioner shall immediately be forfeited.  

SECTION 4. VACANCIES OF MAYOR OR CITY COMMISSIONERS.

  Vacancies in the office of Mayor or City Commissioner shall be filled for

the remainder of the unexpired term by a majority vote of the qualified voters of the City at a special election duly called  by ordinance. However, if such a vacancy occurs within ninety (90) days of the end of the term of the vacated office, the remaining City Commissioner,  by a majority vote, shall appoint a qualified person to fill the unexpired term. 

§ 171.001. DEFINITIONS.  In this chapter:                                  

         (1)  "Local public official" means a member of the governing body or another officer, whether elected, appointed, paid, or unpaid, of any district (including a school district), county, municipality, precinct, central appraisal district, transit authority or district, or other local governmental entity who exercises responsibilities beyond those that are advisory in nature.

         (2)  "Business entity" means a sole proprietorship, partnership, firm, corporation, holding company, joint-stock company, receivership, trust, or any other entity recognized by law.

§ 171.003. PROHIBITED ACTS;  PENALTY.  (a) A local public official commits an offense if the official knowingly:

        (1) violates Section 171.004;                                               

        (2) acts as surety for a business entity that has work, business, or a contract with the governmental entity; or

        (3) acts as surety on any official bond required of an officer of the governmental entity.

    (b)  An offense under this section is a Class A misdemeanor.    

§ 171.004. AFFIDAVIT AND ABSTENTION FROM VOTING

REQUIRED.  (a) If a local public official has a substantial interest in a business entity or in real property, the official shall file, before a vote or decision on any matter involving the business entity or the real property, an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter if:

         (1)  in the case of a substantial interest in a business entity the action on the matter will have a special economic effect on the business entity that is distinguishable from the effect on the public; or

         (2)  in the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property, distinguishable from its effect on the public.

    (b)  The affidavit must be filed with the official record keeper of the governmental entity.

    (c)  If a local public official is required to file and does file an affidavit under Subsection (a), the official is not required to abstain from further participation in the matter requiring the affidavit if a majority of the members of the governmental entity of which the official is a member is composed of persons who are likewise required to file and who do file affidavits of similar interests on the same official action.