Tex. Transp. Code Section 370.252
Prohibited Conduct for Directors and Employees


(a)

A director or employee of an authority may not:

(1)

accept or solicit any gift, favor, or service that:

(A)

might reasonably influence the director or employee in the discharge of an official duty; or

(B)

the director or employee knows or should know is being offered with the intent to influence the director’s or employee’s official conduct;

(2)

accept other employment or engage in a business or professional activity that the director or employee might reasonably expect would require or induce the director or employee to disclose confidential information acquired by reason of the official position;

(3)

accept other employment or compensation that could reasonably be expected to impair the director’s or employee’s independence of judgment in the performance of the director’s or employee’s official duties;

(4)

make personal investments that could reasonably be expected to create a substantial conflict between the director’s or employee’s private interest and the interest of the authority;

(5)

intentionally or knowingly solicit, accept, or agree to accept any benefit for having exercised the director’s or employee’s official powers or performed the director’s or employee’s official duties in favor of another; or

(6)

have a personal interest in an agreement executed by the authority.

(b)

A person is not eligible to serve as a director or chief administrative officer of an authority if the person or the person’s spouse:

(1)

is employed by or participates in the management of a business entity or other organization, other than a governmental entity, that is regulated by or receives funds from the authority or the department;

(2)

directly or indirectly owns or controls more than a 10 percent interest in a business or other organization that is regulated by or receives funds from the authority or the department;

(3)

uses or receives a substantial amount of tangible goods, services, or funds from the authority or the department; or

(4)

is required to register as a lobbyist under Chapter 305 (Registration of Lobbyists), Government Code, because of the person’s activities for compensation on behalf of a profession related to the operation of the authority or the department.

(c)

A person is not eligible to serve as a director or chief administrative officer of an authority if the person is an officer, employee, or paid consultant of a Texas trade association in the field of road construction or maintenance, public transportation, or aviation, or if the person’s spouse is an officer, manager, or paid consultant of a Texas trade association in the field of road construction or maintenance, public transportation, or aviation.

(d)

In this section, “Texas trade association” means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interests.

(e)

A person is not ineligible to serve as a director or chief administrative officer of an authority if the person has received funds from the department for acquisition of highway right-of-way unless the acquisition was for a project of the authority.

(f)

In addition to the prohibitions and restrictions of this section, directors are subject to Chapter 171 (Regulation of Conflicts of Interest of Officers of Municipalities, Counties, and Certain Other Local Governments), Local Government Code.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.74, eff. June 14, 2005.

Source: Section 370.252 — Prohibited Conduct for Directors and Employees, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­370.­htm#370.­252 (accessed Apr. 20, 2024).

370.001
Short Title
370.003
Definitions
370.004
Construction Costs Defined
370.031
Creation of a Regional Mobility Authority
370.032
Nature of Regional Mobility Authority
370.033
General Powers
370.034
Establishment of Transportation Systems
370.036
Transfer of Bonded Turnpike Project to Department
370.037
Transfer of Ferry Connecting State Highways
370.038
Commission Rules
370.039
Transfer of Transportation Project or System
370.071
Expenditures for Feasibility Studies
370.072
Feasibility Study Fund
370.073
Feasibility Study by Municipality, County, Other Governmental Entity, or Private Group
370.111
Transportation Revenue Bonds
370.112
Interim Bonds
370.113
Payment of Bonds
370.114
Effect of Lien
370.115
Bond Indenture
370.116
Approval of Bonds by Attorney General
370.117
Furnishing of Indemnifying Bonds or Pledges of Securities
370.118
Applicability of Other Law
370.161
Transportation Projects Extending into Other Counties
370.162
Powers and Procedures of Authority in Acquiring Property
370.163
Acquisition of Property
370.164
Declaration of Taking
370.165
Possession of Property
370.166
Participation Payment for Real Property
370.167
Severance of Real Property
370.168
Acquisition of Rights in Public Real Property
370.169
Compensation for and Restoration of Public Property
370.170
Public Utility Facilities
370.171
Lease, Sale, or Conveyance of Transportation Project
370.172
Revenue
370.173
Authority Revolving Fund
370.174
Use of Surplus Revenue
370.175
Exemption from Taxation or Assessment
370.176
Actions Affecting Existing Roads
370.177
Failure or Refusal to Pay Turnpike Project Toll
370.178
Use and Return of Transponders
370.179
Controlled Access to Turnpike Projects
370.180
Promotion of Transportation Project
370.181
Operation of Transportation Project
370.182
Audit
370.183
Disadvantaged Businesses
370.184
Procurement
370.185
Competitive Bidding
370.186
Contracts with Governmental Entities
370.187
Project Approval
370.188
Environmental Review of Authority Projects
370.189
Department Maintenance and Operation
370.190
Property of Certain Transportation Authorities
370.191
Commercial Transportation Processing Systems
370.192
Property of Rapid Transit Authorities
370.193
Priority Boarding of Ferry
370.251
Board of Directors
370.252
Prohibited Conduct for Directors and Employees
370.253
Surety Bonds
370.254
Removal of Director
370.255
Compensation of Director
370.256
Evidence of Authority Actions
370.257
Public Access
370.258
Indemnification
370.259
Purchase of Liability Insurance
370.260
Certain Contracts and Sales Prohibited
370.261
Strategic Plans and Annual Reports
370.262
Meetings by Telephone Conference Call
370.301
Department Contributions to Turnpike Projects
370.302
Agreements to Construct, Maintain, and Operate Transportation Projects
370.303
Agreements Between Authority and Governmental Entities
370.304
Additional Agreements of Authority
370.305
Comprehensive Development Agreements
370.306
Process for Entering into Comprehensive Development Agreements
370.307
Confidentiality of Negotiations for Comprehensive Development Agreements
370.308
Performance and Payment Security
370.309
Ownership of Transportation Projects
370.310
Liability for Private Obligations
370.0311
Certain Municipalities
370.311
Terms of Private Participation
370.312
Rules, Procedures, and Guidelines Governing Negotiating Process
370.313
Participation on Certain Other Boards, Commissions, or Public Bodies
370.0315
Addition and Withdrawal of Counties
370.315
Performance and Payment Bonds and Security
370.317
Agreements with Local Governments
370.331
Voluntary Dissolution
370.332
Involuntary Dissolution
370.333
Voluntary Dissolution of Authority Governed by Governing Body of Municipality
370.351
Transit Systems
370.352
Public Hearing on Fare and Service Changes
370.353
Public Hearing on Fare and Service Changes: Exceptions
370.354
Notice of Hearing on Fare or Service Change
370.355
Criminal Penalties
370.361
Transfer of Transit Systems
370.362
Sales and Use Tax
370.363
Maximum Tax Rate
370.364
Election to Change Tax Rate
370.365
Sales Tax: Effective Dates
370.401
Scope of and Limitations on Contracts
370.402
Definitions
370.403
Use of Engineer or Engineering Firm
370.404
Other Professional Services
370.405
Request for Qualifications
370.406
Request for Detailed Proposals
370.407
Negotiation
370.408
Assumption of Risks
370.409
Stipend Amount for Unsuccessful Proposers
370.410
Performance and Payment Bond
370.1911
Commercial Transportation Processing Systems at Inspection Facilities at Interstate Borders
370.2511
Board of Directors: Certain Authorities
370.2515
Board Composition Proposal by Turnpike Authority
370.2521
Filing of Financial Statement by Director
370.2522
Applicability of Conflicts of Interest Law to Directors
370.2523
Applicability of Nepotism Laws
370.4075
Changes to Design-build Team

Accessed:
Apr. 20, 2024

§ 370.252’s source at texas​.gov