§ 101A.254 — INVESTIGATION OF UNREPORTED CONFLICTS OF INTEREST.

Texas § 101A.254

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

Text

Sec. 101A.254. INVESTIGATION OF UNREPORTED CONFLICTS OF INTEREST. (a) An oversight committee member, program integration committee member, peer review committee member, or institute employee who becomes aware of an unreported potential conflict of interest described by Section 101A.251 shall immediately notify the chief executive officer of the potential conflict of interest. On receipt of the notification, the chief executive officer shall notify the institute's general counsel and the oversight committee's presiding officer, who shall determine the nature and extent of any unreported conflict.
(b) A grant applicant seeking an investigation regarding whether a prohibited conflict of interest was not reported shall file a written request with the chief executive officer. The applicant must:
(1) include in the request all facts regarding the alleged conflict of interest; and
(2) submit the request not later than the 30th day after the date the chief executive officer presents to the oversight committee final funding recommendations for the affected grant cycle.
(c) On receipt of notification of an alleged conflict of interest under Subsection (a) or (b), the institute's general counsel shall:
(1) investigate the matter; and
(2) provide to the chief executive officer and the oversight committee's presiding officer an opinion that includes:
(A) a statement of facts;
(B) a determination of whether a conflict of interest or another impropriety or self-dealing exists; and
(C) if the opinion provides that a conflict of interest or another impropriety or self-dealing exists, recommendations for an appropriate course of action.
(d) If the conflict of interest, impropriety, or self-dealing involves the oversight committee's presiding officer, the institute's general counsel shall provide the opinion to the next ranking oversight committee member who is not involved with the conflict of interest, impropriety, or self-dealing.
(e) After receiving the opinion and consulting with the oversight committee's presiding officer, the chief executive officer shall take action regarding the recusal of the individual from any discussion of or access to information related to the conflict of interest or other recommended action related to the impropriety or self-dealing. If the alleged conflict of interest, impropriety, or self-dealing is held by, or is an act of, the chief executive officer, the presiding officer of the oversight committee shall take actions regarding the recusal or other action.

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.