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AN ACT
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relating to standards of conduct for and conflicts of interest of |
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state officers and employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 572.051, Government Code, is amended to |
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read as follows: |
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Sec. 572.051. STANDARDS OF CONDUCT; STATE AGENCY ETHICS |
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POLICY. (a) A state officer or employee should not: |
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(1) accept or solicit any gift, favor, or service that |
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might reasonably tend to influence the officer or employee in the |
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discharge of official duties or that the officer or employee knows |
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or should know is being offered with the intent to influence the |
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officer's or employee's official conduct; |
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(2) accept other employment or engage in a business or |
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professional activity that the officer or employee might reasonably |
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expect would require or induce the officer or employee to disclose |
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confidential information acquired by reason of the official |
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position; |
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(3) accept other employment or compensation that could |
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reasonably be expected to impair the officer's or employee's |
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independence of judgment in the performance of the officer's or |
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employee's official duties; |
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(4) make personal investments that could reasonably be |
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expected to create a substantial conflict between the officer's or |
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employee's private interest and the public interest; or |
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(5) intentionally or knowingly solicit, accept, or |
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agree to accept any benefit for having exercised the officer's or |
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employee's official powers or performed the officer's or employee's |
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official duties in favor of another. |
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(b) A state employee who violates Subsection (a) or an |
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ethics policy adopted under Subsection (c) is subject to |
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termination of the employee's state employment or another |
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employment-related sanction. Notwithstanding this subsection, a |
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state officer or employee who violates Subsection (a) is subject to |
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any applicable civil or criminal penalty if the violation also |
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constitutes a violation of another statute or rule. |
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(c) Each state agency shall: |
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(1) adopt a written ethics policy for the agency's |
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employees consistent with the standards prescribed by Subsection |
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(a) and other provisions of this subchapter; and |
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(2) distribute a copy of the ethics policy and this |
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subchapter to: |
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(A) each new employee not later than the third |
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business day after the date the person begins employment with the |
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agency; and |
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(B) each new officer not later than the third |
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business day after the date the person qualifies for office. |
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(d) The office of the attorney general shall develop, in |
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coordination with the commission, and distribute a model policy |
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that state agencies may use in adopting an agency ethics policy |
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under Subsection (c). A state agency is not required to adopt the |
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model policy developed under this subsection. |
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(e) Subchapters E and F, Chapter 571, do not apply to a |
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violation of this section. |
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(f) Notwithstanding Subsection (e), if a person with |
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knowledge of a violation of an agency ethics policy adopted under |
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Subsection (c) that also constitutes a criminal offense under |
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another law of this state reports the violation to an appropriate |
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prosecuting attorney, then, not later than the 60th day after the |
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date a person notifies the prosecuting attorney under this |
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subsection, the prosecuting attorney shall notify the commission of |
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the status of the prosecuting attorney's investigation of the |
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alleged violation. The commission shall, on the request of the |
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prosecuting attorney, assist the prosecuting attorney in |
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investigating the alleged violation. This subsection does not |
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apply to an alleged violation by a member or employee of the |
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commission. |
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(g) Not later than November 1, 2007, the office of the |
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attorney general shall: |
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(1) develop a model ethics policy as required by |
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Subsection (d); and |
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(2) distribute the policy to each state agency |
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required to adopt an ethics policy under Subsection (c). |
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(h) Not later than January 1, 2008, each state agency shall: |
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(1) adopt an ethics policy as required by Subsection |
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(c); and |
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(2) distribute a copy of the ethics policy and this |
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subchapter to each employee of the agency. |
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(i) Subsections (g) and (h) and this subsection expire |
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January 15, 2008. |
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SECTION 2. Section 572.051, Government Code, as amended by |
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this Act, applies only to conduct of a state officer or employee |
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that occurs on or after September 1, 2007. Conduct of a state |
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officer or employee that occurs before September 1, 2007, is |
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governed by the law in effect on the date the conduct occurred, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 590 was passed by the House on April |
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4, 2007, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 590 was passed by the Senate on May |
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21, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |