County officials and their agents or employees generally may not run a private business on public property unless they keep detailed money records, file an annual receipts-and-disbursements report, and make the records available to the county auditor.
Sec. 291.006. PRIVATE BUSINESS ON PUBLIC PROPERTY. (a) A county official or an agent, deputy, or employee of a county official may not operate a private business on public property unless the person: (1) keeps an accurate and detailed record of money that the person receives and disburses; (2) files with the county auditor or other county auditing authority, on or before January 1 of each year, a report of receipts and disbursements during the previous calendar year; and (3) makes available to the county auditor all records of the receipts and disbursements. (b) An amount of money equal to the amount of receipts required to be reported plus any interest paid by a financial institution on deposits of this money, less the amount of disbursements required to be reported, shall be delivered to the county treasurer when the report required by Subsection (a) is filed or in installments at regular intervals during the year as may be prescribed by the county auditor or other county auditing authority. This subsection does not apply to a person acting under or by virtue of a written contract with the county. (c) If a county official has not complied with this section by February 1 of each year, the county auditor shall notify the county or district attorney of the violation. The county or district attorney shall, and any qualified voter of the county may, file a petition in a district court of the county for a writ of mandamus to compel compliance. (d) A person who violates this section or falsifies a record or report required by this section commits official misconduct and may be removed under Chapter 87. (e) This section does not apply to compensation that a justice of the peace or official court reporter receives for performing an act not required by law. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.