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Subchapter C, Chapter 572, Government Code

SUBCHAPTER C. STANDARDS OF CONDUCT AND CONFLICT OF INTEREST PROVISIONS

§ 572.051. Standards of Conduct

  1. A state officer or employee should not:
    accept or solicit any gift, favor, or service that might reasonably tend to influence the officer or employee in the discharge of official duties or that the officer or employee knows or should know is being offered with the intent to influence the officer’s or employee’s official conduct;
  2. accept other employment or engage in a business or professional activity that the officer or employee might reasonably expect would require or induce the officer or employee to disclose confidential information acquired by reason of the official position;
  3. accept other employment or compensation that could reasonably be expected to impair the officer’s or employee’s independence of judgment in the performance of the officer’s or employee’s official duties;
  4. make personal investments that could reasonably be expected to create a substantial conflict between the officer’s or employee’s private interest and the public interest; or
  5. intentionally or knowingly solicit, accept, or agree to accept any benefit for having exercised the officer’s or employee’s official powers or performed the officer’s or employee’s official duties in favor of another.

§ 572.052. Representation by Legislators Before State Agencies; Criminal Offense

  1. A member of the legislature may not, for compensation, represent another person before a state agency in the executive branch of state government unless the representation:
    1. is pursuant to an attorney-client relationship in a criminal law matter; or
    2. involves the filing of documents that involve only ministerial acts on the part of the commission, agency, board, department, or officer.
  2. A member of the legislature commits an offense if the member violates this section. An offense under this subsection is a Class A misdemeanor.

§ 572.053. Voting by Legislators on Certain Measures or Bills; Criminal Offense

  1. A member of the legislature may not vote on a measure or a bill, other than a measure that will affect an entire class of business entities, that will directly benefit a specific business transaction of a business entity in which the member has a controlling interest.
  2. In this section, "controlling interest" includes:
    1. an ownership interest or participating interest by virtue of shares, stock, or otherwise that exceeds 10 percent;
    2. membership on the board of directors or other governing body of the business entity; or
    3. service as an officer of the business entity.
  3. A member of the legislature commits an offense if the member violates this section. An offense under this subsection is a Class A misdemeanor.

§ 572.0531. Notice Required for Introduction or Sponsorship of or Voting on Certain Measures or Bills by Legislators

  1. A member shall file a notice as required by Subsection (b) before introducing, sponsoring, or voting on a measure or bill if the member's spouse or a person related to the member within the first degree by consanguinity, as determined under Subchapter B, Chapter 573, is registered as a lobbyist under Chapter 305 with respect to the subject matter of the measure or bill.
  2. A member of the house of representatives to whom Subsection (a) applies shall file a written notice of that fact with the chief clerk of the house of representatives. A senator to whom Subsection (a) applies shall file a written notice of that fact with the secretary of the senate. The member shall also file a notice with the commission. A notice filed under this subsection must:
    1. identify:
      1. the member;
      2. the measure, bill, or class of measures or bills with respect to which the notice is required under this section; and
      3. the person registered as a lobbyist; and
    2. be included in the journal of the house to which the member belongs.
  3. A person related to the member to whom Subsection (a) applies shall file a notice with the commission identifying:
    1. the person;
    2. the member; and
    3. the class of measures or bills with respect to which notice is required under this section.
  4. A person related to the member to whom Subsection (a) applies shall file the notice required by Subsection (c) not later than:
    1. the beginning of a regular or special legislative session as to which the person is registered as a lobbyist under Chapter 305 and will communicate directly with a member of the legislative branch with respect to the measure, bill, or class of measures or bills; or
    2. the seventh business day after the day the person agrees to accept reimbursement or compensation to communicate directly with a member of the legislative branch with respect to the measure, bill, or class of measures or bills, if the person agrees to accept the reimbursement or compensation after the beginning of a legislative session.
  5. A member of the legislature who violates this section is subject to discipline by the house to which the member belongs, as provided by Section 11, Article III, Texas Constitution.
  6. In this section, "communicates directly with" and "member of the legislative branch" have the meanings assigned by Section 305.002.

§ 572.054. Representation by Former Officer or Employee of Regulatory Agency Restricted; Criminal Offense

  1. 1. A former member of the governing body or a former executive head of a regulatory agency may not make any communication to or appearance before an officer or employee of the agency in which the member or executive head served before the second anniversary of the date the member or executive head ceased to be a member of the governing body or the executive head of the agency if the communication or appearance is made:
    1. with the intent to influence; and
    2. on behalf of any person in connection with any matter on which the person seeks official action.
  2. A former state officer or employee of a regulatory agency who ceases service or employment with that agency on or after January 1, 1992, may not represent any person or receive compensation for services rendered on behalf of any person regarding a particular matter in which the former officer or employee participated during the period of state service or employment, either through personal involvement or because the case or proceeding was a matter within the officer’s or employee’s official responsibility.
  3. Subsection (b) applies only to:
    1. a state officer of a regulatory agency; or
    2. a state employee of a regulatory agency who is compensated, as of the last date of state employment, at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule, including an employee who is exempt from the state’s position classification plan.
  4. Subsection (b) does not apply to a rulemaking proceeding that was concluded before the officer’s or employee’s service or employment ceased.
  5. Other law that restricts the representation of person before a particular state agency by a former state officer or employee of that agency prevails over this section.
  6. An individual commits an offense if the individual violates this section. An offense under this subsection is a Class A misdemeanor.
  7. In this section, the comptroller and the secretary of state are not excluded from the definition of "regulatory agency."
  8. In this section:
    1. "Participated" means to have taken action as an officer or employee through decision, approval, disapproval, recommendation, giving advice, investigation, or similar action.
    2. "Particular matter" means a specific investigation, application, request for a ruling or determination, rulemaking proceeding, contract, claim, charge, accusation, arrest, or judicial or other proceeding.

§ 572.055. Certain Solicitations of Regulated Business Entities Prohibited; Criminal Offense

  1. An association or organization of employees of a regulatory agency may not solicit, accept, or agree to accept anything of value from a business entity regulated by that agency and from which the business entity must obtain a permit to operate that business in this state or from an individual directly or indirectly connected with that business entity.
  2. A business entity regulated by a regulatory agency and from which the business entity must obtain a permit to operate that business in this state, or an individual directly or indirectly connected with that business entity may not offer, confer, or agree to confer on an association or organization of employees of that agency anything of value.
  3. This section does not apply to an agency regulating the operation or inspection of motor vehicles or an agency charged with enforcing the parks and wildlife laws of this state.
  4. A person commits an offense if the person intentionally or knowingly violates this section. An offense under this subsection is a Class A misdemeanor.

§ 572.056. Contracts by State Officers With Governmental Entities; Criminal Offense

  1. A state officer may not solicit or accept from a governmental entity a commission, fee, bonus, retainer, or rebate that is compensation for the officer’s personal solicitation for the award of a contract for services or sale of goods to a governmental entity.
  2. This section does not apply to:
    1. a contract that is awarded by competitive bid as provided by law and that is not otherwise prohibited by law; or
    2. a court appointment.
  3. In this section, "governmental entity" means the state, a political subdivision of the state, or a governmental entity created under the Texas Constitution or a statute of this state.
  4. A state officer who violates this section commits an offense. An offense under this subsection is a Class A misdemeanor.

§ 572.057. Certain Leases Prohibited

  1. A member of the legislature, an executive or judicial officer elected in a statewide election, or a business entity in which the legislator or officer has a substantial interest may not lease any office space or other real property to the state, a state agency, the legislature or a legislative agency, the Supreme Court of Texas, the Court of Criminal Appeals, or a state judicial agency.
  2. A lease made in violation of Subsection (a) is void.
  3. (c) This section does not apply to an individual who is an elected officer on June 16, 1989, for as long as the officer holds that office.

§ 572.058. Private Interest in Measure or Decision; Disclosure; Removal From Office for Violation

  1. An elected or appointed officer, other than an officer subject to impeachment under Article XV, Section 2, of the Texas Constitution, who is a member of a board or commission having policy direction over a state agency and who has a personal or private interest in a measure, proposal, or decision pending before the board or commission shall publicly disclose the fact to the board or commission in a meeting called and held in compliance with Chapter 551. The officer may not vote or otherwise participate in the decision. The disclosure shall be entered in the minutes of the meeting.
  2. An individual who violates this section is subject to removal from office on the petition of the attorney general on the attorney general’s own initiative or on the relation of a resident or of any other member of the board or commission. The suit must be brought in a district court of Travis County or of the county where the violation is alleged to have been committed.
  3. If the court or jury finds from a preponderance of the evidence that the defendant violated this section and that an ordinary prudent person would have known the individual’s conduct to be a violation of this section, the court shall enter judgment removing the defendant from office.
  4. A suit under this section must be brought before the second anniversary of the date the violation is alleged to have been committed, or the suit is barred.
  5. The remedy provided by this section is cumulative of other methods of removal from office provided by the Texas Constitution or a statute of this state.
  6. In this section, "personal or private interest" has the same meaning as is given to it under Article III, Section 22, of the Texas Constitution, governing the conduct of members of the legislature. For purposes of this section, an individual does not have a "personal or private interest" in a measure, proposal, or decision if the individual is engaged in a profession, trade, or occupation and the individual’s interest is the same as all others similarly engaged in the profession, trade, or occupation.

§ 572.059. Independence of State and Local Officers Acting in Legislative Capacity

  1. In this section, "legislative measure" includes:
    1. a bill, resolution, order, or other proposal to adopt, enact, amend, or repeal a statute, ordinance, rule, or policy of general application;
    2. a proposal to adopt, enact, amend, or repeal, or to grant a variance or other exception to, a zoning ordinance; or
    3. a proposed constitutional amendment or charter amendment subject to a vote of the electorate.
  2. For purposes of Subsection (a), a measure that is applicable to a class or subset of persons or matters that is defined in general terms without naming the particular persons or matters is a measure of general application.
  3. To protect the independence of state and local officers acting in a legislative capacity, a state or local officer, whether elected or appointed, including a member of the governing body of a school district or other political subdivision of this state, may not be subject to disciplinary action or a sanction, penalty, disability, or liability for:
    1. an action permitted by law that the officer takes in the officer's official capacity regarding a legislative measure;
    2. proposing, endorsing, or expressing support for or opposition to a legislative measure or taking any action permitted by law to support or oppose a legislative measure;
    3. the effect of a legislative measure or of a change in law proposed by a legislative measure on any person; or
    4. a breach of duty, in connection with the member's practice of or employment in a licensed or regulated profession or occupation, to disclose to any person information, or to obtain a waiver or consent from any person, regarding:
      1. the officer's actions relating to a legislative measure; or
      2. the substance, effects, or potential effects of a legislative measure.

§ 572.060. Solicitation Of Or Recommendations Regarding Contributions To Charitable Organizations And Governmental Entities

  1. Unless otherwise prohibited by the Code of Judicial Conduct, a state officer or state employee may:
    1. solicit from any person a contribution to:
      1. an organization that:
        1. is exempt from income taxation under Section 501(a), Internal Revenue Code of 1986, by being listed under Section 501(c)(3) of that code;
        2. does not attempt to influence legislation as a substantial part of the organization's activities; and
        3. has not elected under Section 501(h), Internal Revenue Code of 1986, to have that subsection apply to the organization; or
      2. a governmental entity; or
    2. recommend to any person that the person make a contribution to an organization or entity described by Subdivision (1).
  2. A monetary contribution solicited or recommended as provided by Subsection (a) must:
    1. be paid or made directly to the charitable organization or governmental entity by the person making the contribution;
    2. be in the form of a check, money order, or similar instrument payable to the charitable organization or governmental entity; or
    3. be in the form of a deduction from a state employee's salary or wage payment under the state employee charitable campaign under Subchapter I, Chapter 659.
  3. A contribution solicited or recommended as provided by Subsection (a) that is not a monetary contribution must be delivered directly to the charitable organization or governmental entity by the person making the contribution.
  4. A contribution paid as provided by Subsection (b) or delivered as provided by Subsection (c) is not:
    1. a political contribution to, or political expenditure on behalf of, the state officer or state employee for purposes of Title 15, Election Code;
    2. an expenditure for purposes of Chapter 305; or
    3. a benefit to the state officer or state employee for purposes of Sections 36.08 and 36.09, Penal Code.

§ 572.061. Certain Gratuities Authorized

This subchapter does not prohibit the acceptance of a gratuity that is accepted and reported in accordance with Section 11.0262, Parks and Wildlife Code.