Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 7 - HOMELESSNESS PROGRAMS › Subchapter B - HOMELESS HOUSING AND SERVICES PROGRAM (HHSP) › Section 7.26 - Conflict of Interest

Current through Reg. 49, No. 28; July 12, 2024
(a) Subrecipient
				  shall maintain written standards of conduct governing the performance of its
				  employees engaged in the award and administration of Contracts. Failure to
				  maintain written standards of conduct and to follow and enforce the written
				  standards is a condition of default and may result in termination of the
				  Contract or deobligation of funds.
(b) No employee, officer, or agent of
				  Subrecipient shall participate in the selection, award, or administration of a
				  contract supported by funds if a real or apparent conflict of interest would be
				  involved. Such a conflict would arise when the employee, officer, or agent, any
				  member of his or her immediate family, his or her partner, or an organization
				  which employs or is about to employ any of the listed parties, has a financial
				  or other interest in the firm selected for an award.
(c) The officers, employees, and agents,
				  including consultants, officers, or elected or appointed officials of the
				  Subrecipient or its Subgrantees shall neither solicit nor accept gratuities,
				  favors, or anything of monetary value from contractors, or parties to
				  subagreements. Subrecipient may set standards for situations in which the
				  financial interest is not substantial or the gift is an unsolicited item of
				  nominal value. The standards of conduct shall provide for disciplinary actions
				  to be applied for violations of such standards by officers, employees, or
				  agents of the Subrecipient.
(d) The
				  provision of any type or amount of direct HHSP assistance may not be
				  conditioned on a Program Participant's acceptance or occupancy of emergency
				  shelter or housing owned by the Subrecipient or Subgrantee, or a parent or
				  subsidiary of the Subrecipient or Subgrantee.
(e) No Subrecipient may, with respect to
				  Household occupying a Dwelling Unit owned by the Subrecipient or Subgrantee, or
				  any parent or subsidiary of the Subrecipient or Subgrantee, carry out the
				  initial intake required for Program Participant files.
(f) For transactions and activities other
				  than the procurement of goods and services, no officers, employees, and agents,
				  including consultants, officers, or elected or appointed officials of the
				  Subrecipient, Subgrantee, or Subcontractor who exercises or has exercised any
				  functions or responsibilities with respect to activities assisted under HHSP,
				  or who is in a position to participate in a decision-making process or gain
				  inside information with regard to activities assisted under the program, may
				  obtain a financial interest or benefit from an assisted activity; have a
				  financial interest in any contract, subcontract, or agreement with respect to
				  an assisted activity; or have a financial interest in the proceeds derived from
				  an assisted activity, either for him or herself or for those with whom he or
				  she has family or business ties, during his or her tenure or during the
				  one-year period following his or her tenure.