Section 150.55 - Conflict 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 that is in substantial conflict with the proper discharge of their duties in the public interest. In implementing this policy, they 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 their family, social, or other relationships to influence their 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, TDCJ, or 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 discretionary mandatory supervision) 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 they have 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 them in a specific matter, they 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 may reasonably tend to influence them in the discharge of their official duties or that they know or should know is being offered with the intent to influence their official conduct.(2) No Board Member or Parole Commissioner shall accept employment or engage in any business or professional activity which they might reasonably expect would require or induce them to disclose confidential information acquired by reason of their official duties.(3) No Board Member or Parole Commissioner shall accept other employment or compensation that could reasonably be expected to impair their independence of judgment in the performance of their official duties.(4) No Board Member or Parole Commissioner shall make personal investments that could reasonably be expected to create a substantial conflict between their 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 their official powers or performed their official duties in favor of another.(d) Section 4--Disqualification.(1) Disqualification. A Board Member shall recuse themself from voting on all clemency matters, and a Board Member or Parole Commissioner shall recuse themself from voting on all decisions to release on parole or mandatory supervision, 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 their 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 themself from voting on all clemency matters, and a Board Member or Parole Commissioner shall disqualify themself from voting on all decisions to release on parole or mandatory supervision, 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) they were a complainant, a material witness, or served as counsel for the state or the defense in the prosecution of the subject of the parole decision or revocation decision before them.(e) Section 5--Documentation.(1) A Board Member or Parole Commissioner shall notify the Chair and General Counsel in writing when they disqualify or recuse themself from voting;(2) A Board Member or Parole Commissioner shall provide the specific reason for disqualification or recusal;(3) A Board Member or Parole Commissioner shall document the recusal or disqualification on the minute sheet of the offender's file; and(4) A Board Member or Parole Commissioner shall place the written notification in the offender's file.37 Tex. Admin. Code § 150.55
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; amended to be effective August 10, 2014, 39 TexReg 5965; Amended by Texas Register, Volume 41, Number 32, August 5, 2016, TexReg 5765, eff. 8/11/2016; Amended by Texas Register, Volume 45, Number 36, September 4, 2020, TexReg 6247, eff. 9/8/2020; Amended by Texas Register, Volume 49, Number 44, November 1, 2024, TexReg 8745, eff. 11/7/2024