Texas Government Code 482.402 – Disclosure of Conflict of Interest; Recusal
(a) If a board member has a conflict of interest as described by § 482.401 regarding an application that comes before the board for review or other action, the board member shall:
(1) provide written notice to the executive director and the presiding officer of the board or the next ranking member of the board if the presiding officer has the conflict of interest;
(2) disclose the conflict of interest in an open meeting of the board; and
(3) recuse himself or herself from participating in the review, discussion, deliberation, and vote on the application and from accessing information regarding the matter to be decided.
(b) If a commission employee has a conflict of interest described by § 482.401 regarding an application that comes before the employee for review or other action, the employee shall:
(1) provide written notice to the executive director of the conflict of interest; and
(2) recuse himself or herself from participating in the review of the application and be prevented from accessing information regarding the matter to be decided.
Terms Used In Texas Government Code 482.402
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A board member or commission employee with a conflict of interest may seek a waiver as provided by § 482.403.
(d) A board member or commission employee who reports a potential conflict of interest or another impropriety or self-dealing of the member or employee and who fully complies with the recommendations of the general counsel and recusal requirements is considered in compliance with the conflict-of-interest provisions of this subchapter. The member or employee is subject to other applicable laws, rules, requirements, and prohibitions.
(e) A board member or commission employee who intentionally violates this section is subject to removal from further participation in the commission’s review process.