Tex.
Health & Safety Code Section 102.1063
Investigation of Unreported Conflicts of Interest
(a)
An oversight committee member, a program integration committee member, a research and prevention programs committee member, or an institute employee who becomes aware of a potential conflict of interest described by Section 102.106 (Conflict of Interest) that has not been reported shall immediately notify the chief executive officer of the potential conflict of interest. On notification, the chief executive officer shall notify the presiding officer of the oversight committee and the general counsel, 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 institute’s 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 final funding recommendations for the affected grant cycle to the oversight committee.(c)
On 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 presiding officer of the oversight committee 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 presiding officer of the oversight committee, 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 presiding officer of the oversight committee, 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.
Source:
Section 102.1063 — Investigation of Unreported Conflicts of Interest, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.102.htm#102.1063 (accessed Jun. 5, 2024).
