Section 320.4 - Disclosure of Conflicts of Interest; Recusal(a) If a member of the Board has a conflict of interest as described by §320.3 of this chapter (relating to Conflicts of Interest) regarding an application that comes before the Commission for review or other action, the member shall: (1) provide written notice to the Executive Director and the Chair, or the Vice-chair if the Chair holds a 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 the Executive Director has a conflict of interest described by §320.3 of this chapter regarding an application that comes before the Executive Director to take an action, the Executive Director shall: (1) provide written notice to the Chair and Chief Compliance Officer of the conflict of interest; and(2) recuse himself or herself from participating in the processing or review of the application and be prevented from accessing information regarding the matter to be decided.(c) If the Executive Director must recuse himself or herself in a matter, the Chief Compliance Officer shall undertake the tasks and actions the Executive Director would have performed but for the conflict.(d) If an individual other than the Executive Director is serving as staff to the Commission and has a conflict of interest described by §320.3 of this chapter regarding an application that comes before the staff member for review or other action, the staff member 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 any information regarding the matter to be decided.(e) A member of the Board, the Executive Director, Chief Compliance Officer, or staff of the Commission with a conflict of interest may seek a waiver as provided by §320.5 of this chapter.(f) An individual who is subject to this Chapter is considered in compliance with the conflict of interest provisions of this Chapter if the individual: (1) reports his or her potential conflict of interest or another impropriety or self-dealing; and(2) fully complies with the recommendations of the General Counsel and recusal requirements.(g) If a member of the Board, the Executive Director, Chief Compliance Officer, or staff of the Commission intentionally violates this Chapter, that individual is subject to removal from further participation in the Commission's application review process.10 Tex. Admin. Code § 320.4
Adopted by Texas Register, Volume 49, Number 31, August 2, 2024, TexReg 5768, eff. 8/6/2024