§ 18-2. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings provided in this section, except where otherwise expressly provided in this chapter or where the context clearly indicates a different meaning:

Benefit means anything reasonably regarded as economic gain or economic advantage, including any charitable contribution to any other person in whose welfare a city official is directly interested. The term benefit shall not apply to elected city officials in receipt of any political contribution, fee, gift, award, or other benefit as exempted by § 36.10 of the Texas Penal Code, as amended.

Business means any activity engaged in for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product, service, or property including, but not limited to, activities operated in the form of a sole proprietorship, limited partnership, general partnership, corporation, joint stock company, joint venture, receivership or trust or in any other form. The term 'business' shall also include activities engaged in for charitable, educational or philanthropic purposes.

Candidate means a person who knowingly and willingly takes affirmative action for the purpose of gaining election to city office or for the purpose of satisfying financial obligations incurred by the person in connection with the campaign for election. The term candidate shall also include an office holder of a city elective office or an office holder elect. To the extent that any candidate elects to receive contributions or make expenditures through a 'specific-purpose committee' as that term is defined by § 251.001 of the Texas Election Code, then the specific-purpose committee shall be regarded as the agency of the candidate, and the actions of the specific-purpose committee shall be deemed to be actions of the candidate who is utilizing the specific-purpose committee. Examples of affirmative action include:

(1)

The filing of a campaign treasurer appointment;

(2)

The filing of an application for a place on a ballot;

(3)

The filing of declaration of a write-in candidacy;

(4)

The making of a public announcement of a definite intent to run for city office in a particular election, regardless of whether the specific office is mentioned in the announcement;

(5)

Before a public announcement of intent, the making of a statement of definite intent to run for city office and the soliciting of support by letter or other mode of communication; and

(6)

The soliciting or accepting of a campaign contribution or the making of a campaign expenditure.

City elective office means the offices of the mayor, the various city council positions and the city controller.

City official means the elected city officials, appointive officials as defined in Article Va, Section 2(a) of the City Charter, assistant city attorneys, persons holding executive level employee positions as defined in Article Va, Section 2(f) of the City Charter, and appointed members of city boards, committees and commissions and any person whose services are donated to the city. The term includes full-time and part-time service and service on a long-term or short-term basis, whether undertaken pursuant to a written agreement or otherwise.

Commission means the ethics commission.

Contract means each contract having a value in excess of $50,000.00 that is let by the city for professional services, personal services, high-technology goods, construction or services, or other goods or services of any other nature whether the contract is awarded on a negotiated basis, request for proposal basis, competitive proposal basis or formal sealed competitive bids.

Contract award period means the period commencing upon the calendar day when the city takes formal action in publishing a request for a proposal or an invitation for formal bids for the award of the contract and ending upon the 30th day after the award of the contract by city council or a determination that the contract will not be awarded to a contractor.

Contractor means any person who has received the award of a contract, submitted a bid or proposal in any form for the award of a contract, or been proposed to be awarded the contract in an item placed upon the city council agenda, including any other person who seeks the award of the contract and is contesting, appealing or protesting the award of the contract as proposed. The term shall include the proprietor for a proprietorship, each partner having an equity interest of ten percent or more for a partnership and each corporate officer, corporate director or holder of ten percent or more of the outstanding shares of stock for a corporation. The term shall also include any subcontractor authorized to provide all or a portion of goods, labor, or services in fulfillment of an award of a contract.

Donated means provided without charge to the city or for compensation of $1.00 per year or less.

Elected city official means any person who holds a city elective office, whether through election or through an appointment to fill an unexpired term thereof.

Election means the process by which individuals (whether opposed or unopposed) seek election to city elective offices. A run-off election is a separate election.

Impropriety means conduct that violates one or more of the ethical standards established in section 18-3 of this Code.

Interest in real property includes any leasehold, beneficial interest, ownership interest or an option to acquire any such interest in real property.

Member of household means:

(1)

A person who is the city official's or candidate's spouse, child, ward, parent or other relative, or the child, ward, parent or other relative of such official's or candidate's spouse, and who shares the city official's or candidate's legal residence; or

(2)

A person who is the city official's or candidate's spouse, child, ward, parent or other relative, or the child, ward, parent or other relative of such official's or candidate's spouse, and over whose financial affairs and holdings the city official or candidate has legal or actual control, whether or not they share a legal residence.

Misconduct means an act committed in violation of a penal law of the United States or of the State of Texas, or an act committed in violation of any penal provision of this Code including an act committed in violation of section 18-3 of this Code.

Person means an individual, corporation, partnership, labor organization, unincorporated association, firm, committee, political committee, club or other organization or group of persons whether associated with a political party or element thereof or not.

Personal loan means a contribution, loan or other advance from personal resources made to a candidate's campaign by the candidate, or personal funds expended on a campaign by a candidate for which reimbursement will be sought, or any loans made to a candidate's campaign that are guaranteed in whole or in part by the candidate.

Salaried means receiving compensation from the city in any amount.

(Ord. No. 87-59, § 1, 1-14-87; Ord. No. 92-1245, §§ 2, 3, 9-16-92; Ord. No. 94-1387, §§ 1, 2, 12-21-94; Ord. No. 00-690, § 2, 7-26-00; Ord. No. 2011-47, § 2, 1-12-2011; Ord. No. 2012-773, § 3, 8-29-2012)