By: Davis of Harris H.B. No. 3736
A BILL TO BE ENTITLED
AN ACT
relating to conflicts of interest by members of state agency
governing boards; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 5, Government Code is amended
by adding Chapter 576 to read as follows:
CHAPTER 576. CONFLICT OF INTEREST BY MEMBER OF STATE AGENCY
GOVERNING BOARD
Sec. 576.001. DEFINITIONS. I
n this chapter:
(1) "Conflict of interest" means a circumstance in
which an individual who is a member of a governing board is in a
position to receive a pecuniary gain, other than a gain that is de
minimis or a gain that is common to a broad class of individuals,
from a decision of the governing board.
(2) "State agency" means a board, commission, council,
committee, department, office, agency, or other governmental
entity in the executive branch of state government.
Sec. 576.002. DUTY TO DISCLOSE AND REFRAIN FROM
PARTICIPATING. In all cases in which an individual who is a member
of the governing board of a state agency has a conflict of interest,
the individual:
(1) shall disclose the conflict of interest in writing
to the state agency; and
(2) may not participate in the decision of the
governing board.
Sec. 576.003. PUBLIC INFORMATION. A written disclosure
made under Section 576.002 is public information.
Sec. 576.004. REPORT TO THE TEXAS ETHICS COMMISSION. (a) A
state agency that receives a written disclosure under Section
576.002 shall file a copy of the disclosure with the Texas Ethics
Commission.
(b) The commission may adopt rules as necessary regarding
the disclosure to be filed with the commission.
Sec. 576.005. CRIMINAL PENALTY. (a) An individual commits
an offense if the individual knowingly fails to comply with the
requirements of Sec. 576.002.
(b) An offense under this section is a Class B misdemeanor.
SECTION 2. This act takes effect September 1, 2015.