(a) After providing an opportunity for a hearing to an applicant, the state agency shall deny an application for the issuance, amendment, renewal, or transfer of a permit within its jurisdiction and may not issue, amend, renew, or transfer the permit if the state agency determines that a former employee:
(1) participated personally and substantially as a former employee in the state agency’s review, evaluation, or processing of that application before leaving employment with the state agency; and
(2) after leaving employment with the state agency, provided assistance on the same application for the issuance, amendment, renewal, or transfer of a permit, including assistance with preparation or presentation of the application or legal representation of the applicant.
(b) Action taken under this section does not prejudice any application in which the former employee did not provide assistance.

Terms Used In Texas Health and Safety Code 361.0885

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) In this section, “former employee” means a person:
(1) who was previously employed by the state agency as a supervisory or exempt employee; and
(2) whose duties during employment with that state agency included involvement in or supervision of that state agency’s review, evaluation, or processing of applications.

  Previous section
Next section  
 Subchapter C Contents