| (a) Affidavit and abstention required. If a local public
official has a substantial interest in a business entity or in real
property, the official must file, before a vote, decision, or other
action on any matter involving the business entity or the real property,
an affidavit stating the nature and extent of the interest and must
abstain from further participation in the matter if:
(1) in the case of a substantial interest in a business
entity, the vote, decision, or other 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 a vote, decision, or other action
on the matter will have a special economic effect on the value of
the property, distinguishable from its effect on the public.
(b) Affidavit filed. The affidavit described in subsection
(a) of this section must be filed with the official recordkeeper of
the charter holder.
(c) Abstention excused. If a local public official
is required to file and does file an affidavit under subsection (a)
of this section, the local public official is not required to abstain
from further participation in the matter requiring the affidavit if:
(1) the local public official is a member of the governing
body of the charter holder or the charter school, and
(2) a majority of the members of the governing body
of which the local public 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.
(d) Local public official. A member of a governing
body of a charter holder, a member of the governing body of an open-enrollment
charter school, or an officer of an open-enrollment charter school
is considered to be a local public official for purposes of this section.
(e) Minutes. The minutes of a meeting during which
a matter subject to this section is discussed or decided must clearly
identify each person participating, each person abstaining, each person
voting, and the vote of each person.
(f) Resolution. A matter subject to this section must
be approved through a written resolution adopted by the governing
board of the charter holder and signed by the members voting in favor
of it.
(g) Violation. A violation of this section or Local
Government Code, Chapter 171, constitutes a material violation of
charter contract.
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