1. (a) Prohibited conduct for directors and employees. A director or employee of an RMA may not:

   1. (1) accept or solicit any gift, favor, or service that might reasonably tend to influence the director or employee in the discharge of official duties or that 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. (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. (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. (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 RMA;
   5. (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. (6) have a personal interest in an agreement executed by the RMA.

2. (b) Eligibility of directors and chief administrative officer.

   1. (1) A person is not eligible to serve as a director or chief administrative officer of an RMA if the person or the person's spouse:

      1. (A) is employed by or participates in the management of a business entity or other organization, other than a political subdivision, that is regulated by or receives funds from the department;
      2. (B) directly or indirectly owns or controls more than a 10% interest in a business or other organization that is regulated by or receives funds from the department;
      3. (C) uses or receives a substantial amount of tangible goods, services, or funds from the department; or
      4. (D) is required to register as a lobbyist under Government Code, Chapter 305, because of the person's activities for compensation on behalf of a profession related to the operation of the department.
   2. (2) A person is not eligible to serve as a director or chief administrative officer of an RMA 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.
   3. (3) Except as provided in §26.16(h)(2) of this chapter, a person is not ineligible to serve as a director or chief administrative officer of an RMA if the person has received funds from the department for acquisition of highway right of way.

Source Note:The provisions of this §26.33 adopted to be effective July 18, 2002, 27 TexReg 6354.