| (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 when they disqualify or recuse themselves
from voting and provide the specific reason for the disqualification
or recusal.
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| 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 |
