§ 101A.252 — DISCLOSURE OF CONFLICT OF INTEREST; RECUSAL.

Texas § 101A.252

• Jurisdiction: Texas
• Code HS: Health and Safety Code

Text

Sec. 101A.252. DISCLOSURE OF CONFLICT OF INTEREST; RECUSAL. (a) If an oversight committee member or program integration committee member has a conflict of interest described by Section 101A.251 regarding an application before the member for review or other action, the member:
(1) shall provide written notice to the chief executive officer and the presiding officer of the oversight committee or the next ranking member of the committee if the presiding officer has the conflict of interest;
(2) shall disclose the conflict of interest in an open meeting of the oversight committee;
(3) shall recuse themselves from participating in the review, discussion, deliberation, and vote on the application; and
(4) may not access information regarding the matter to be decided.
(b) If a peer review committee member has a conflict of interest described by Section 101A.251 regarding an application before the member's committee for review or other action, the member:
(1) shall provide written notice to the chief executive officer of the conflict of interest;
(2) shall recuse themselves from participating in the review, discussion, deliberation, and vote on the application; and
(3) may not access information regarding the matter to be decided.
(c) If an institute employee has a conflict of interest described by Section 101A.251 regarding an application before the employee for review or other action, the employee:
(1) shall provide written notice to the chief executive officer of the conflict of interest;
(2) shall recuse themselves from participating in the review of the application; and
(3) may not access information regarding the matter to be decided.
(d) An oversight committee member, program integration committee member, peer review committee member, or institute employee with a conflict of interest may seek a waiver as provided by Section 101A.253 .
(e) An oversight committee member, program integration committee member, peer review committee member, or institute employee who reports a potential conflict of interest or another impropriety or self-dealing of the member or employee and who fully complies with the recommendations of the institute's general counsel and recusal requirements is considered in compliance with the conflict-of-interest provisions of this chapter. The member or employee is subject to other applicable laws, rules, requirements, and prohibitions.
(f) An oversight committee member, program integration committee member, peer review committee member, or institute employee who intentionally violates this section is subject to removal from further participation in the institute's grant review process.

Legislative History

Added by Acts 2025, 89th Leg., R.S., Ch. 137 (S.B. 5 ), Sec. 1, eff. December 1, 2025, subject to resolution of an election contest under Chapter 233 , Election Code, relating to Article III , Section 68, Texas Constitution.