Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 41 - TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL › Chapter 881 - GENERAL PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 881.5 - Conflicts of Interest and Recusals

Current through Reg. 49, No. 28; July 12, 2024
(a) A Council or board member who has any
				  personal or professional interest that might reasonably tend to influence the
				  discharge of the member's duties in a matter pending before the agency, shall
				  disclose that conflict in an open meeting called and held in compliance with
				  Chapter 551 of the Government Code. Should the required disclosure relate to a
				  matter to be considered during a closed meeting, the member shall disclose the
				  conflict during the closed meeting. A Council or board member may neither vote
				  nor otherwise participate in any discussion or decision on a pending matter
				  where the member's personal or professional interest might reasonably tend to
				  influence the discharge of the member's duties. Any conflict disclosed by a
				  board member shall be entered in the minutes or certified agenda of the
				  meeting.
(b) An individual who has
				  any personal or professional interest that might reasonably tend to influence
				  the discharge of the individual's duties while serving on a committee,
				  temporary suspension or disciplinary review panel, or workgroup, shall disclose
				  that conflict to the committee, panel, or workgroup, as well as to the
				  Executive Director. The individual may neither vote nor otherwise participate
				  in any discussion or decision on a pending matter where the individual's
				  personal or professional interest might reasonably tend to influence the
				  discharge of the individual's duties. Any conflict shall be entered in any
				  minutes or notes kept by the committee, panel, or workgroup.
(c) A Council or board member may not vote or
				  otherwise participate in any discussion or decision conducted during a meeting
				  held in compliance with Chapter 551 of the Government Code regarding a
				  complaint or eligibility proceeding previously heard by the member while
				  serving on a temporary suspension panel or disciplinary review panel. A Council
				  or board member who is disqualified under this subsection shall be recused from
				  any voting or discussions on the matter, and the recusal shall be entered in
				  the minutes or certified agenda of the meeting.
(d) Any individual who is required to make a
				  disclosure or is recused or restricted from voting or participating in some
				  manner under this rule, shall refrain from influencing or attempting to
				  influence the discussion or decision on a matter in which the individual is
				  prohibited from participating. The presiding officer or Executive Director may
				  take reasonable steps to enforce this requirement, including requesting that
				  the individual leave the room before beginning or continuing with a meeting,
				  hearing, discussion, or vote.
(e) A
				  disclosure required by this rule must be made as soon as possible once an
				  individual becomes aware of facts giving rise to a duty to take action under
				  this rule. Any information received by a Council or board member or agency
				  staff that might reasonably lead one to believe that an individual has a duty
				  to take action under this rule must be sent to the Executive Director, who
				  shall then forward the information to the individual.
(f) Except as provided for in subsection (c)
				  of this section, this rule shall not operate to preclude a Council member from
				  voting or otherwise participating in any discussion or decision due solely to a
				  member's service on an underlying member board.
(g) It is presumed that the judgment of a
				  reasonable person subject to this rule would not be materially affected because
				  the individual holds a license issued by this agency or one of its member
				  boards.
(h) A person does not have
				  an interest which is in conflict with the proper discharge of duties
				  contemplated under this rule if any benefit or detriment accrues to the person,
				  or any individual or group with whom the person is associated, to no greater
				  extent than any other similarly situated person.