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,~ ~, 13 a ~ , ;;...> 1:i12 k1-s ~ t3~ =~ ~ w- l1.1 oc::t f=c ORDINANCE 1995- 21 ~ ~ _b ca AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, AMENDING ARTICLE V, CODE OF ETHICS, OF CHAPTER 2, ADMINISTRATION, OF THE SAN MARCOS CODE OF ORDINANCES TO ELIMINATE DUPLICATIONS OF STATE LAWS; PROVIDING FOR SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING' - A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. RECITALS: 1. The City's Code of Ethics, originally adopted in Ordinance 1980-13, has served a guide for official conduct of the City's public servants. 2. Changes in State law, including Chapter 171 of the Texas Local Government Code, Conflicts of Interest of Officers of Local Government, have resulted in unnecessary duplications between the State law and the Code of Ethics. 3. The City Council has received the recommendations of the City Ethics Review Commission on amendments to the Code of Ethics to eliminate the~e duplications. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS. TEXAS: SECTION 1. That Section 2-72 of Article V, Code of Ethics, of Chapter 2 of the San Marcos Code of Ordinances is amended to delete the definition of "substantial interest". SECTION 2. That subsection (a) of Section 2-73 of Article V, Code of Ethics, of Chapter 2 of the San Marcos Code of Ordinances is amended to read as follows: , (a) It is unlawful for an immediate family member to intentionally or knowingly: (1 ) solicit, accept, or agree to accept from another person any benefit that the member's relative who is a city officer or employee is prohibited from soliciting, accepting, or agreeing to accept under State law; (2) misuse any official information, obtained from the member's relative who is a city officer or employee, to which the relative has access by virtue of the relative's office or employment, and that has not been made public, in a manner prohibited as to the relative under State law; or (3) misuse, as defined in Texas Penal Code Section 39.01, any city property, services, personnel, or any other thing of value belonging to the city that has come into the member's custody or possession by virtue of the office or employment of the member's relative who is a city officer or employee. SECTION 3, That Section 2-74 of Article V, Code of Ethics, of Chapter 2 of the San Marcos Code of Ordinances is repealed. i SECTION 4. That if any word, phrase, clause, sentence, or paragraph of this - ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions of this ordinance shall remain in effect as if the unconstitutional or invalid portion had not been adopted. SECTION 5. That all ordinances and resolutions or parts of ordinances or resolutions in conflict herewith are hereby repealed.