H.B. No. 590
 
 
 
 
AN ACT
  relating to standards of conduct for and conflicts of interest of
  state officers and employees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 572.051, Government Code, is amended to
  read as follows:
         Sec. 572.051.  STANDARDS OF CONDUCT; STATE AGENCY ETHICS
  POLICY.  (a) A state officer or employee should not:
               (1)  accept or solicit any gift, favor, or service that
  might reasonably tend to influence the officer or employee in the
  discharge of official duties or that the officer or employee knows
  or should know is being offered with the intent to influence the
  officer's or employee's official conduct;
               (2)  accept other employment or engage in a business or
  professional activity that the officer or employee might reasonably
  expect would require or induce the officer 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 officer's or employee's
  independence of judgment in the performance of the officer's or
  employee's official duties;
               (4)  make personal investments that could reasonably be
  expected to create a substantial conflict between the officer's or
  employee's private interest and the public interest; or
               (5)  intentionally or knowingly solicit, accept, or
  agree to accept any benefit for having exercised the officer's or
  employee's official powers or performed the officer's or employee's
  official duties in favor of another.
         (b)  A state employee who violates Subsection (a) or an
  ethics policy adopted under Subsection (c) is subject to
  termination of the employee's state employment or another
  employment-related sanction. Notwithstanding this subsection, a
  state officer or employee who violates Subsection (a) is subject to
  any applicable civil or criminal penalty if the violation also
  constitutes a violation of another statute or rule.
         (c)  Each state agency shall:
               (1)  adopt a written ethics policy for the agency's
  employees consistent with the standards prescribed by Subsection
  (a) and other provisions of this subchapter; and
               (2)  distribute a copy of the ethics policy and this
  subchapter to:
                     (A)  each new employee not later than the third
  business day after the date the person begins employment with the
  agency; and
                     (B)  each new officer not later than the third
  business day after the date the person qualifies for office.
         (d)  The office of the attorney general shall develop, in
  coordination with the commission, and distribute a model policy
  that state agencies may use in adopting an agency ethics policy
  under Subsection (c).  A state agency is not required to adopt the
  model policy developed under this subsection.
         (e)  Subchapters E and F, Chapter 571, do not apply to a
  violation of this section.
         (f)  Notwithstanding Subsection (e), if a person with
  knowledge of a violation of an agency ethics policy adopted under
  Subsection (c) that also constitutes a criminal offense under
  another law of this state reports the violation to an appropriate
  prosecuting attorney, then, not later than the 60th day after the
  date a person notifies the prosecuting attorney under this
  subsection, the prosecuting attorney shall notify the commission of
  the status of the prosecuting attorney's investigation of the
  alleged violation.  The commission shall, on the request of the
  prosecuting attorney, assist the prosecuting attorney in
  investigating the alleged violation.  This subsection does not
  apply to an alleged violation by a member or employee of the
  commission.
         (g)  Not later than November 1, 2007, the office of the
  attorney general shall:
               (1)  develop a model ethics policy as required by
  Subsection (d); and
               (2)  distribute the policy to each state agency
  required to adopt an ethics policy under Subsection (c).
         (h)  Not later than January 1, 2008, each state agency shall:
               (1)  adopt an ethics policy as required by Subsection
  (c); and
               (2)  distribute a copy of the ethics policy and this
  subchapter to each employee of the agency.
         (i)  Subsections (g) and (h) and this subsection expire
  January 15, 2008.
         SECTION 2.  Section 572.051, Government Code, as amended by
  this Act, applies only to conduct of a state officer or employee
  that occurs on or after September 1, 2007. Conduct of a state
  officer or employee that occurs before September 1, 2007, is
  governed by the law in effect on the date the conduct occurred, and
  the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 590 was passed by the House on April
  4, 2007, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 590 was passed by the Senate on May
  21, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor