BEAUMONT – The Office of the Attorney General has responded to an opinion request made by Jefferson County District Attorney Bob Wortham, finding there is no conflict of interest when a city council member votes on a county matter despite being married to the tax assessor.
Wortham had asked whether a conflict of interest exists under chapter 171 of the Local Government Code when a city council member votes to waive interest on delinquent property taxes accrued by an unrelated person under particular circumstances.
The issue was presented to Wortham by City Councilman Michael Getz, who is married to Allison Getz, the county’s tax assessor.
The OAG issued an opinion on the matter on Feb. 22, finding that Local Government Code section 171.004(a) conflict-of-interest requirements do not apply to a city council member voting on a county matter even though the council member is married to the county tax assessor-collector.
“Because the county is not a “business entity” as defined by subsection 171.001(2), we need not determine whether the council member, by virtue of his marriage to the tax assessor-collector, has a substantial interest in Jefferson County,” the opinion states.
Opinion No. KP-0355