Tex.
Gov't Code Section 2306.1113
Ex Parte Communications
(a)
During the period beginning on the date project applications are filed in an application cycle and ending on the date the board makes a final decision with respect to the approval of any application in that cycle, a member of the board may not communicate with the following persons:(1)
an applicant or a related party, as defined by state law, including board rules, and federal law; and(2)
any person who is:(A)
active in the construction, rehabilitation, ownership, or control of a proposed project, including:(i)
a general partner or contractor; and(ii)
a principal or affiliate of a general partner or contractor; or(B)
employed as a consultant, lobbyist, or attorney by an applicant or a related party.(a-1)
Subject to Subsection (a-2), during the period beginning on the date project applications are filed in an application cycle and ending on the date the board makes a final decision with respect to the approval of any application in that cycle, an employee of the department may communicate about an application with the following persons:(1)
the applicant or a related party, as defined by state law, including board rules, and federal law; and(2)
any person who is:(A)
active in the construction, rehabilitation, ownership, or control of the proposed project, including:(i)
a general partner or contractor; and(ii)
a principal or affiliate of a general partner or contractor; or(B)
employed as a consultant, lobbyist, or attorney by the applicant or a related party.(a-2)
A communication under Subsection (a-1) may be oral or in any written form, including electronic communication through the Internet, and must satisfy the following conditions:(1)
the communication must be restricted to technical or administrative matters directly affecting the application;(2)
the communication must occur or be received on the premises of the department during established business hours; and(3)
a record of the communication must be maintained and included with the application for purposes of board review and must contain the following information:(A)
the date, time, and means of communication;(B)
the names and position titles of the persons involved in the communication and, if applicable, the person’s relationship to the applicant;(C)
the subject matter of the communication; and(D)
a summary of any action taken as a result of the communication.(b)
Notwithstanding Subsection (a) or (a-1), a board member or department employee may communicate without restriction with a person listed in Subsection (a) or (a-1) during any board meeting or public hearing held with respect to the application, but not during a recess or other nonrecord portion of the meeting or hearing.(c)
Subsection (a) does not prohibit the board from participating in social events at which a person with whom communications are prohibited may or will be present, provided that all matters related to applications to be considered by the board will not be discussed.
Source:
Section 2306.1113 — Ex Parte Communications, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2306.htm#2306.1113 (accessed Jun. 5, 2024).
