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TITLE 37PUBLIC SAFETY AND CORRECTIONS
PART 5TEXAS BOARD OF PARDONS AND PAROLES
CHAPTER 150MEMORANDUM OF UNDERSTANDING AND BOARD POLICY STATEMENTS
SUBCHAPTER APUBLISHED POLICIES OF THE BOARD
RULE §150.55Conflict of Interest Policy

(a) Section 1--Policy.

  (1) It is the policy of the board that no board member or parole commissioner shall have any interest, financial or otherwise, direct or indirect; or engage in any business transaction or professional activity or incur any obligations of any nature which is in substantial conflict with the proper discharge of his duties in the public interest. In implementing this policy, there are provided the following standards of conduct, disclosure, and disqualification to be observed in the performance of their official duties.

  (2) A board member or parole commissioner shall respect and comply with the law and not allow his family, social, or other relationships to influence his conduct, decisions, or judgment.

(b) Section 2--Disclosure.

  (1) A board member or parole commissioner shall submit generally and on a case by case basis written notice to the presiding officer (chair) of any substantial interest held by the board member or parole commissioner in a business entity doing business with the Board of Criminal Justice of the TDCJ or its component divisions and the board.

  (2) A board member or parole commissioner having a personal or private interest in any measure, proposal, or decision pending before the board (including parole and administrative release decisions) shall immediately notify the chair in writing of such interest. The chair shall publicly disclose the board member's or parole commissioner's interest to the board in a meeting of the board. The board member or parole commissioner shall not vote or otherwise participate in the decision. The disclosure shall be entered into the minutes or official record of the meeting.

  (3) A board member or parole commissioner shall consider the possibility that he is involved in a conflict of interest before making any decision or vote.

  (4) If a board member or parole commissioner is uncertain whether any part of the conflict of interest policy applies to him in a specific matter, he shall request the general counsel of the board to determine whether a disqualifying conflict of interest exists.

(c) Section 3--Standards of Conduct.

  (1) No board member or parole commissioner shall accept or solicit any gift, favor, or service that might reasonably tend to influence him in the discharge of his official duties or that he knows or should know is being offered with the intent to influence his official conduct.

  (2) No board member or parole commissioner shall accept employment or engage in any business or professional activity which he might reasonably expect would require or induce him to disclose confidential information acquired by reason of his official duties.

  (3) No board member or parole commissioner shall accept other employment or compensation which would reasonably be expected to impair his independence of judgment in the performance of his official duties.

  (4) No board member or parole commissioner shall make personal investments that could reasonably be expected to create a substantial conflict between his private interest and the public interest.

  (5) No board member or parole commissioner shall intentionally or knowingly solicit, accept, or agree to accept any benefit for having exercised his official powers or performed his official duties in favor of another.

(d) Section 4--Disqualification.

  (1) Disqualification. A board member shall recuse himself or herself from voting on all clemency matters; and a board member or parole commissioner shall recuse themselves from voting on all release on parole or mandatory supervision decisions, and decisions to continue, modify, or revoke parole or mandatory supervision when:

    (A) they know that individually or as a fiduciary, they have an interest in the subject matter before them; or

    (B) the board member or parole commissioner or his/her spouse is related by affinity or consanguinity within the third degree to a person who is the subject of the decision before them.

  (2) Recusal. A board member shall disqualify himself or herself from voting on all clemency matters; and a board member or parole commissioner shall disqualify themselves from voting on all release on parole or mandatory supervision decisions, and decisions to continue, modify, or revoke parole or mandatory supervision when:

    (A) their impartiality might reasonably be questioned;

    (B) they have a personal bias or prejudice concerning the subject matter or person in the decision before them; or

    (C) the board member or parole commissioner was a complainant, a material witness, or has served as counsel for the state or the defense in the prosecution of the subject of the parole decision or revocation decision before them.

  (3) A board member or parole commissioner shall notify the chair and the general counsel in writing when they disqualify or recuse themselves from voting and provide the specific reason for the disqualification or recusal. Additionally, the recusal or disqualification shall be documented on the minute sheet of the offender's file.


Source Note: The provisions of this §150.55 adopted to be effective November 23, 1993, 18 TexReg 8229; amended to be effective October 20, 1998, 23 TexReg 10657; amended to be effective November 19, 2009, 34 TexReg 8040; amended to be effective January 31, 2013, 38 TexReg 389; amended to be effective October 27, 2013, 38 TexReg 7315

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