Texas Insurance Code 2210.012 – Standards of Conduct: Board of Directors and Employees; Report of Certain Fraudulent Conduct
(a) A member of the board of directors or an employee of the association may not:
(1) accept or solicit any gift, favor, or service that might reasonably tend to influence the member or employee in the discharge of duties related to the operation or business of the association or that the member or employee knows or should know is being offered with the intent to influence the member’s or employee’s conduct related to the operation or business of the association;
(2) accept other employment or engage in a business or professional activity that the member or employee might reasonably expect would require or induce the member or employee to disclose confidential information acquired by reason of the member’s or employee’s position with the association;
(3) accept other employment or compensation that could reasonably be expected to impair the member’s or employee’s independence of judgment in the performance of the member’s or employee’s duties related to the operation or business of the association;
(4) make personal investments that could reasonably be expected to create a substantial conflict between the member’s or employee’s private interest and the interest of the association; or
(5) intentionally or knowingly solicit, accept, or agree to accept any benefit for having exercised the member’s or employee’s powers related to the operation or business of the association or having performed, in favor of another, the member’s or employee’s duties related to the operation or business of the association.
(b) An association employee who violates Subsection (a) or a code of conduct established under § 2210.107(a)(4) is subject to an employment-related sanction, including termination of the employee’s employment with the association.
Terms Used In Texas Insurance Code 2210.012
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
- Statute: A law passed by a legislature.
(c) A member of the board of directors or an association 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.
(d) A board member or employee of the association who reasonably suspects that a fraudulent insurance act has been or is about to be committed by any board member or employee of the association shall, not later than the 30th day after discovering the conduct, report the conduct and identity of the person engaging in the conduct to the department and may report the conduct and the identity of the person engaging in the conduct to another authorized governmental agency. The department shall forward a report received under this subsection to the authorized governmental agency in accordance with Chapter 701.