Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 11 - CANCER PREVENTION AND RESEARCH INSTITUTE OF TEXAS › Chapter 702 - INSTITUTE STANDARDS ON ETHICS AND CONFLICTS, INCLUDING THE ACCEPTANCE OF GIFTS AND DONATIONS TO THE INSTITUTE › Section 702.9 - Code of Conduct and Ethics for Oversight Committee Members, Institute Employees, and Program Integration Committee Members

Current through Reg. 49, No. 28; July 12, 2024
(a) All Oversight Committee Members, Program
				Integration Committee Members, and Institute Employees shall avoid acts which
				are improper or give the appearance of impropriety in the disposition of state
				funds.
(b) The Oversight Committee
				shall adopt a Code of Conduct and Ethics to provide guidance related to the
				ethical conduct required of Oversight Committee Members, Program Integration
				Committee Members, and Institute Employees. The Code of Conduct and Ethics
				shall be distributed to each new Oversight Committee Member, Program
				Integration Committee Member, and Institute Employee not later than the third
				business day after the date that the person begins employment with or service
				to the Institute.
(c) The Code of
				Conduct and Ethics shall include at least the following requirements and
				prohibitions. Nothing herein prevents the Oversight Committee from adopting
				stricter standards:
(1) A member of the
				Oversight Committee, Institute Employee, or Program Integration Committee
				Member, or the spouse of an individual governed by this provision shall not
				accept or solicit any gift, favor, or service that could reasonably influence
				him or her in the discharge of official duties or that he or she knows or
				should know is being offered with the intent to influence him or her or with
				the intent to influence the member or employee's official conduct.
(2) A member of the Oversight Committee,
				Institute Employee, or Program Integration Committee Member, or the spouse of
				an individual governed by this provision shall not accept employment or engage
				in any business or professional activity that would reasonably require or
				induce that person to disclose confidential information acquired by reason of
				the member or employee's official position.
(3) A member of the Oversight Committee,
				Institute Employee, or Program Integration Committee Member, or the spouse of
				an individual governed by this provision shall not accept other employment or
				compensation that could reasonably impair his or her independent judgment in
				the performance of the member or employee's official duties.
(4) A member of the Oversight Committee,
				Institute Employee, or Program Integration Committee Member, or the spouse of
				an individual governed by this provision shall not make personal investments or
				have a financial interest that could reasonably create a substantial conflict
				between his or her private interest and the member or employee's official
				duties.
(5) A member of the
				Oversight Committee, Institute Employee, or Program Integration Committee
				Member, or the spouse of an individual governed by this provision shall not
				intentionally or knowingly solicit, accept, or agree to accept any benefit for
				exercising his or her official powers or performing the member or employee's
				official duties in favor of another.
(6) A member of the Oversight Committee,
				Institute Employee, or Program Integration Committee Member, or the spouse of
				an individual governed by this provision shall not lease, directly or
				indirectly, any property, capital equipment, employee or service to a Grant
				Recipient.
(7) A member of the
				Oversight Committee, Institute Employee, or Program Integration Committee
				Member, or the spouse of an individual governed by this provision shall not
				submit a Grant Application to the Institute.
(8) A member of the Oversight Committee, the
				member's spouse, or an Institute Employee shall not be employed by or
				participate in the management of a business entity or other organization
				receiving money from the Institute.
(9) A member of the Oversight Committee or
				the member's spouse shall not own or control, directly or indirectly, an
				interest in a business or entity or other organization receiving money from the
				Institute.
(10) A member of the
				Oversight Committee or the member's spouse shall not use or receive a
				substantial amount of tangible goods, services, or money from the Institute
				other than reimbursement authorized for Oversight Committee Members attendance
				or expenses.
(11) A member of the
				Oversight Committee, Institute Employee, Program Integration Committee Member,
				or the spouse of an individual governed by this provision shall not serve on
				the Grant Recipient's board of directors or similar committee that exercises
				governing powers over the Grant Recipient. This prohibition also applies to
				serving on the board of directors or similar committee of a non-profit
				foundation established to benefit the Grant Recipient.
(12) A member of the Oversight Committee,
				Institute Employee, Program Integration Committee Member, or the spouse of an
				individual governed by this provision shall not use non-public Third-Party
				Information, or knowledge of non-public decisions related to Grant Applicants,
				received by virtue of the individual's employment or official duties associated
				with the Institute to make an investment or take some other action to realize a
				personal financial benefit.
(13) A
				member of the Oversight Committee, Institute Employee, or a Program Integration
				Committee Member who is a member of a professional organization shall comply
				with any standards of conduct adopted by the organizations of which he or she
				is a member.
(14) A member of the
				Oversight Committee, Institute Employee, or a Program Integration Committee
				Member shall be honest in the exercise of all duties and may not take actions
				that will discredit the Institute.
(15) A member of the Oversight Committee or
				an Institute Employee shall not have an office in a facility owned by an entity
				receiving or applying to receive money from the Institute.
(16) An Oversight Committee Member, Institute
				Employee, or Program Integration Committee Member shall report to the
				Institute's Chief Compliance Officer any gift, grant, or consideration received
				by the individual as soon as possible, but no later than thirty (30) days after
				receipt of the gift, grant or consideration. The individual shall provide the
				name of the donor, the date of receipt, and amount of the gift, grant, or
				consideration.
(17) An Oversight
				Committee Member or Institute Employee may not solicit, agree to accept, or
				accept an honorarium in consideration for services the Oversight Committee
				Member or Institute Employee would not have been asked to provide but for the
				person's official position.
(18) An
				Oversight Committee Member and the Chief Executive Officer shall not make any
				communication to or appearance before an Institute officer or employee before
				the second anniversary of the date the Oversight Committee Member or Chief
				Executive Officer ceased to be a Oversight Committee Member or Chief Executive
				Officer if the communication or appearance is made:
(A) with the intent to influence;
				and
(B) on behalf of any person in
				connection with any matter on which the person seeks official action.
(19) An Oversight Committee Member
				or Institute Employee who ceases service or employment with the Institute may
				not represent any person or receive compensation for services rendered on
				behalf of any person regarding a particular matter in which the former
				Oversight Committee Member or Institute Employee participated during the period
				of state service or employment, either through personal involvement or because
				the issue was a matter within the Oversight Committee Member's or Institute
				Employee's official responsibility.
(A) This
				paragraph applies to an Institute Employee who is compensated, as of the last
				date of state employment, at or above the amount prescribed by the General
				Appropriations Act for step 1, salary group 17, of the position classification
				salary schedule, including an employee who is exempt from the state's position
				classification plan.
(B) This
				paragraph does not apply to a rulemaking proceeding that was concluded before
				the Oversight Committee Member's or Institute Employee's service or employment
				ceased.
(C) For purposes of this
				paragraph, "participated" means to have taken action as an Oversight Committee
				member or Institute Employee through decision, approval, disapproval,
				recommendation, giving advice, investigation or similar matter.
(D) For purposes of this paragraph,
				"particular matter" means a specific investigation, application, request for
				ruling or determination, rulemaking proceeding, contract, claim, charge,
				accusation, or judicial or other proceeding.