PART 5. TEXAS BOARD OF PARDONS AND PAROLES
CHAPTER 150. MEMORANDUM OF UNDERSTANDING AND BOARD POLICY STATEMENTS
SUBCHAPTER A. PUBLISHED POLICIES OF THE BOARD
The Texas Board of Pardons and Paroles proposes amendments to 37 TAC Chapter 150, §150.55 concerning memorandum of understanding and board policy statements. The amendments are proposed for clarity, uniformity, and consistency and to correct grammatical errors.
David Gutiérrez, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering these sections.
Mr. Gutiérrez also has determined that during the first five years that the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments to these sections will be to bring the rule into compliance with current board practice.
Mr. Gutiérrez also has determined that during the first five years that the proposed amendments are in effect, the amendments will not create or eliminate a government program; will not require the creation or elimination of employee positions; will not require an increase or decrease in future legislative appropriations to the agency; will not require an increase or decrease in fees paid to the agency; does not create a new regulation; does not expand, limit or repeal an existing regulation; will not increase or decrease the number of individuals subject to the rules' applicability; and will not positively or adversely affect this state's economy.
An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed amendments will not have an economic effect on micro-businesses, small businesses, or rural communities as defined in Texas Government Code, Section 2006.001.
Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, Texas 78701, or by e-mail to bettie.wells@tdcj.texas.gov. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amended rules are proposed under Subtitle B, Ethics, Chapter 572 and Sections 508.0441 and 508.035, Government Code. Subtitle B, Ethics, Chapter 572, is the ethics policy of this state for state officers or state employees. Section 508.0441 requires the board to implement a policy which clearly defines under which circumstances a board member or parole commissioner should disqualify himself or herself on parole or mandatory supervision decisions. Section 508.035, Government Code requires the Presiding Officer to establish policies and procedures to further the efficient administration of the business of the Board.
No other statutes, articles, or codes are affected by these amendments.
§150.55Conflict of Interest Policy
(a) Section 1--Policy.
(1) It is the policy of the Board that no Board Member
or Parole Commissioner shall have any interest, financial or otherwise,
direct or indirect; or engage in any business transaction or professional
activity or incur any obligations of any nature which is in substantial
conflict with the proper discharge of his duties in the public interest.
In implementing this policy, [there] they are
provided the following standards of conduct, disclosure, and disqualification
to be observed in the performance of their official duties.
(2) A Board Member or Parole Commissioner shall respect and comply with the law and not allow his family, social, or other relationships to influence his conduct, decisions, or judgment.
(b) Section 2--Disclosure.
(1) A Board Member or Parole Commissioner shall submit
generally and on a case by case basis written notice to the Presiding
Officer (Chair) of any substantial interest held by the Board Member
or Parole Commissioner in a business entity doing business with the Texas Board of Criminal Justice, [of the]
TDCJ, [or its component divisions] and the Board.
(2) A Board Member or Parole Commissioner having a personal or private interest in any measure, proposal, or decision pending before the Board (including parole and release decisions) shall immediately notify the Chair in writing of such interest. The Chair shall publicly disclose the Board Member's or Parole Commissioner's interest to the Board in a meeting of the Board. The Board Member or Parole Commissioner shall not vote or otherwise participate in the decision. The disclosure shall be entered into the minutes or official record of the meeting.
(3) A Board Member or Parole Commissioner shall consider the possibility that he is involved in a conflict of interest before making any decision or vote.
(4) If a Board Member or Parole Commissioner is uncertain whether any part of the conflict of interest policy applies to him in a specific matter, he shall request the General Counsel of the Board to determine whether a disqualifying conflict of interest exists.
(c) Section 3--Standards of Conduct.
(1) No Board Member or Parole Commissioner shall accept or solicit any gift, favor, or service that might reasonably tend to influence him in the discharge of his official duties or that he knows or should know is being offered with the intent to influence his official conduct.
(2) No Board Member or Parole Commissioner shall accept employment or engage in any business or professional activity which he might reasonably expect would require or induce him to disclose confidential information acquired by reason of his official duties.
(3) No Board Member or Parole Commissioner shall accept other employment or compensation which would reasonably be expected to impair his independence of judgment in the performance of his official duties.
(4) No Board Member or Parole Commissioner shall make personal investments that could reasonably be expected to create a substantial conflict between his private interest and the public interest.
(5) No Board Member or Parole Commissioner shall intentionally or knowingly solicit, accept, or agree to accept any benefit for having exercised his official powers or performed his official duties in favor of another.
(d) Section 4--Disqualification.
(1) Disqualification. A Board Member shall recuse himself or herself from voting on all clemency matters; and a Board Member or Parole Commissioner shall recuse themselves from voting on all release on parole or mandatory supervision decisions, and decisions to continue, modify, or revoke parole or mandatory supervision when:
(A) they know that individually or as a fiduciary, they have an interest in the subject matter before them; or
(B) the Board Member or Parole Commissioner or his/her spouse is related by affinity or consanguinity within the third degree to a person who is the subject of the decision before them.
(2) Recusal. A Board Member shall disqualify himself or herself from voting on all clemency matters; and a Board Member or Parole Commissioner shall disqualify themselves from voting on all release on parole or mandatory supervision decisions, and decisions to continue, modify, or revoke parole or mandatory supervision when:
(A) their impartiality might reasonably be questioned;
(B) they have a personal bias or prejudice concerning the subject matter or person in the decision before them; or
(C) the Board Member or Parole Commissioner was a complainant, a material witness, or has served as counsel for the state or the defense in the prosecution of the subject of the parole decision or revocation decision before them.
(e) Section 5--Documentation.
(1) A Board Member or Parole Commissioner shall notify the Chair and General Counsel in writing when they disqualify or recuse themselves from voting;
(2) A Board Member or Parole Commissioner shall provide the specific reason for disqualification or recusal;
(3) A Board Member or Parole Commissioner shall document the recusal or disqualification on the minute sheet of the offender's file; and
(4) A Board Member or Parole Commissioner shall place the written notification in the offender's file.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 22, 2020.
TRD-202002071
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: July 5, 2020
For further information, please call: (512) 463-8216