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TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 12COAL MINING REGULATIONS
SUBCHAPTER AGENERAL
DIVISION 3RESTRICTION OF FINANCIAL INTERESTS OF STATE EMPLOYEES
RULE §12.10Responsibility

(a) The Commissioners or the Director of the Surface Mining and Reclamation Division, acting as their authorized representative, shall:

  (1) provide advice, assistance, and guidance to all state employees required to file statements pursuant to §12.13 of this title (relating to Who Shall File);

  (2) promptly review the statement of employment and financial interests and supplements, if any, filed by each employee, to determine if the employee has correctly identified those listed employment and financial interests which constitute a direct or indirect financial interest in an underground or surface coal mining operation;

  (3) resolve prohibited financial interest situations by ordering or initiating remedial action, or by reporting the violations to the Director who is responsible for initiating action to impose the penalties of the Federal Act;

  (4) certify on each statement that review has been made, that prohibited financial interests, if any, have been resolved, and that no other prohibited interests have been identified from the statement;

  (5) submit to the Director such statistics and information as he or she may request to enable preparation of the required annual report to Congress;

  (6) submit to the Director the initial listing and the subsequent annual listings of positions as required by §§12.13(b) and (c) of this title (relating to Who Shall File);

  (7) furnish a blank statement 45 days in advance of the filing date established by §12.14(a) of this title (relating to When to File) to each state employee required to file a statement; and

  (8) inform annually each state employee required to file a statement with the Commission, of the name, address, and telephone number of the person whom they may contact for advice and counseling.

(b) Commission employees performing any duties or functions under the Act shall:

  (1) have no direct or indirect financial interest in coal mining operations;

  (2) file a fully completed statement of employment and financial interest upon entrance to duty, and annually thereafter on the specified filing date; and

  (3) comply with directives issued by persons responsible for approving each statement and comply with directives issued by those persons responsible for ordering remedial action.

(c) Members of advisory boards and commissions established in accordance with state laws or regulations to represent multiple interests, who perform a function or duty under the Act, shall recuse themselves from proceedings which may affect their direct or indirect financial interests.


Source Note: The provisions of this §12.10 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640.

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