Tex. Health & Safety Code Section 102.1061
Disclosure of Conflict of Interest; Recusal


(a)

If an oversight committee member or program integration committee member has a conflict of interest as described by Section 102.106 (Conflict of Interest) regarding an application that comes before the member for review or other action, the member shall:

(1)

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)

disclose the conflict of interest in an open meeting of the oversight committee; and

(3)

recuse himself or herself from participating in the review, discussion, deliberation, and vote on the application and from accessing information regarding the matter to be decided.

(b)

If an institute employee has a conflict of interest described by Section 102.106 (Conflict of Interest) regarding an application that comes before the employee for review or other action, the employee shall:

(1)

provide written notice to the chief executive officer of the conflict of interest; and

(2)

recuse himself or herself from participating in the review of the application and be prevented from accessing information regarding the matter to be decided.

(c)

If a research and prevention programs committee member has a conflict of interest described by Section 102.106 (Conflict of Interest) regarding an application that comes before the member’s committee for review or other action, the member shall:

(1)

provide written notice to the chief executive officer of the conflict of interest; and

(2)

recuse himself or herself from participating in the review, discussion, deliberation, and vote on the application and from accessing information regarding the matter to be decided.

(d)

An oversight committee member, program integration committee member, research and prevention programs committee member, or institute employee with a conflict of interest may seek a waiver as provided by Section 102.1062 (Exceptional Circumstances Requiring Participation).

(e)

An oversight committee member, program integration committee member, research and prevention programs 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 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, research and prevention programs committee member, or institute employee who intentionally violates this section is subject to removal from further participation in the institute’s grant review process.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1150 (S.B. 149), Sec. 15, eff. June 14, 2013.

Source: Section 102.1061 — Disclosure of Conflict of Interest; Recusal, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­102.­htm#102.­1061 (accessed Nov. 25, 2023).

102.001
Definitions
102.002
Purposes
102.003
Sunset Provision
102.004
State Auditor
102.051
Powers and Duties
102.052
Annual Public Report
102.053
Independent Financial Audit for Review by Comptroller
102.054
Gifts and Grants
102.055
Quarterly Meetings
102.056
Salary
102.057
Prohibited Office Location
102.101
Composition of Oversight Committee
102.102
Removal
102.103
Terms
102.104
Officers
102.105
Expenses
102.106
Conflict of Interest
102.107
Powers and Duties
102.108
Rulemaking Authority
102.109
Code of Conduct
102.110
Financial Statement Required
102.151
Scientific Research and Prevention Programs Committee
102.152
Terms of Research and Prevention Programs Committee Members
102.153
Expenses
102.154
University Advisory Committee
102.155
Ad Hoc Advisory Committee
102.156
Conflict of Interest
102.201
Cancer Prevention and Research Fund
102.202
Issuance of General Obligation Bonds
102.203
Authorized Use of Funds
102.204
Preference for Texas Businesses
102.251
Rules for Grant Award Procedure
102.252
Funding Recommendations
102.253
Maximum Amount of Annual Awards
102.255
Contract Terms
102.256
Patent Royalties and License Revenues Paid to State
102.257
Multiyear Projects
102.258
Preference for Texas Suppliers
102.259
Historically Underutilized Businesses
102.260
Grant Evaluation
102.261
Medical Ethics
102.262
Public Information
102.263
Compliance Program
102.264
Program Integration Committee
102.270
Establishment of Fund
102.0511
Chief Executive Officer
102.0535
Grant Records
102.1061
Disclosure of Conflict of Interest
102.1062
Exceptional Circumstances Requiring Participation
102.1063
Investigation of Unreported Conflicts of Interest
102.1064
Final Determination of Unreported Conflict of Interest
102.2631
Compliance Matters

Accessed:
Nov. 25, 2023

§ 102.1061’s source at texas​.gov