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TDA Ethics Rules at A Glance
TDA Ethics Rules at A Glance
NOTE: The following HIGHLIGHTS are not meant to be a complete summary of the ethics laws
and policies. They are for guidance purposes only; specific details of requirements have been
omitted. It's important for you to understand these standards of conduct. You should feel free to
ask your supervisor or agency ethics advisor, should you have any questions either after
reviewing this material, or at any time you are confronted with an ethical problem. When in
doubt, ask!
Non-gifts. Some things are not considered “gifts” and may be accepted. They include:
• Loans and discounts available to the public or to all State employees for their private
use;
• Inexpensive items of nominal value;
• Plaques, certificates, and trophies; and
• Rewards and prizes.
Exceptions. You may accept:
• Gifts based on close personal relationships.
• Gifts based on outside (not TDA related) activities or social events.
Limitations. You may never accept, even if otherwise permitted as an exception:
• Gifts in return for being influenced in the performance of your official duties;
• Gifts you solicited or coerced; and
• Gifts that are accepted so frequently that a reasonable person might question it.
Disposition. If you receive a gift not allowable under the standards, you should:
• Return it; or
• Reimburse the donor for the fair market value of the gift; or
• With your Ethic Officer’s approval, donate it to charity.
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CONFLICTING FINANCIAL INTERESTS
The rule. You may not participate in any matter, as part of your official duties, if it would have
a direct and predictable effect on your financial interests. OR those of your spouse, minor child,
or certain others (outside employer, general partner. etc.).
Acquiring or holding interests. You are not allowed to have any financial interests that might
be a conflict of interest with your duties. If you do, it may be necessary to divest them, or
disqualify yourself from certain matters. Talk to your agency ethics official for advice.
What it means. This includes situations where your official duties could affect your own
financial interests, or those of your business partner, or those of someone in your household, like
your spouse or minor child.
What to do, If you're in such a situation, or one where a reasonable person might question your
impartiality, don't do anything until you have informed your supervisor and your Ethics Officer
about it. They will let you know whether you may proceed or not.
OUTSIDE- ACTIVITIES
The rule. You cannot engage in outside employment or any outside activity if it conflicts with
the official duties of your government job.
Thinking about leaving? If you're seeking employment with a person or company, or have an
arrangement concerning future employment with them, then you can't participate in any matter
involving that person or company as part of your official duties, if their financial interests could
be affected by your performance of your duties.
Providing help. If your friends or relatives have any kind of dealing with TDA, you cannot use
your position to try to intercede on their behalf and help them.
Endorsements. You cannot use your position to endorse any product, service or company,
except where it is part of your official duties to do so (e.g., a official meeting with foreign
officials to promote purchase of Texas products).
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Inside Information. You cannot use nonpublic information (information you receive in the
course of your job that is not available to the general public) for the financial gain of yourself or
others.
Property. Generally, government property may only be used for government purposes. This
includes government buildings and real estate property, telephones, typewriters, computers
(including software and hardware), equipment, supplies, copiers, government vehicles and
government-issued credit or charge cards.
Though not technically "government property," you are prohibited from using the contractor-
issued State travel charge card for other than reimbursable travel expenses outside of your
permanent duty location. You may not make personal use of any other government-issued
purchase card (credit card).
• Exceptions. Brief use of the government telephone to check on children with a babysitter, or
to make a long-distance call with your personal calling card.
• Also, employees may make limited use of email and the Internet for personal needs if the use
does not interfere with official business and involves no cost to the TDA. Such use should
occur on personal time. A supervisor or manager may revoke or limit this privilege.
REMEMBER: . When in doubt, ask! If you have any questions, call Jim Pollard, your Ethics
Officer at (512) 463-7528.
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POLITICAL ACTIVITIES BY CERTAIN PUBLIC
ENTITIES AND INDIVIDUALS
§ 556.001. Definitions
In this chapter:
(1) "Appropriated money" means money appropriated by the legislature through the
General Appropriations Act or other law.
(2) "State agency" means:
(A) a department, commission, board, office, or other agency in the executive
branch of state government, created under the constitution or a statute, with
statewide authority;
(B) a university system or an institution of higher education as defined by Section
61.003, Education Code; or
(C) the supreme court, the court of criminal appeals, another entity in the judicial
branch of state government with statewide authority, or a court of appeals.
(3) "State employee" means an individual who is employed by a state agency. The term
does not include an elected official or an individual appointed to office by the governor
or another officer.
(4) "State officer" means an individual appointed to office by the governor or another
officer.
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§ 556.003. State Employees' Rights
A state employee has the rights of freedom of association and political participation guaranteed
by the state and federal constitutions except as provided by Section 556.004.
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§ 556.0055. Restrictions on Lobbying Expenditures
(a) A political subdivision or private entity that receives state funds may not use the funds to pay:
(1) lobbying expenses incurred by the recipient of the funds;
(2) a person or entity that is required to register with the Texas Ethics Commission under
Chapter 305;
(3) any partner, employee, employer, relative, contractor, consultant, or related entity of a
person or entity described by Subdivision (2); or
(4) a person or entity that has been hired to represent associations or other entities for the
purpose of affecting the outcome of legislation, agency rules, ordinances, or other
government policies.
(b) A political subdivision or private entity that violates Subsection (a) is not eligible to receive
additional state funds.
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STANDARDS OF CONDUCT AND CONFLICT OF INTEREST PROVISIONS
(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;
(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 agency shall provide each state employee it employs a copy of this section and the
standards of conduct described by Section 572.051 and require a signed receipt on delivery. A
new copy and receipt are required if one of those provisions is changed.
(c) A state agency shall maintain receipts collected from current state employees under this
section in a manner accessible for public inspection.
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TEXAS DEPARTMENT OF AGRICULTURE
ETHICS TRAINING
RECEIPT OF ACKNOWLEDGEMENT
I hereby acknowledge receipt of the Texas Department of Agriculture Ethics and Standards of
Conduct training. The Ethics policies and procedures of TDA were fully explained, and I
understand that all employees are required to abide by them.
I have read the restrictions and prohibitions placed upon me as a state employee by the above-
cited legislative provisions and Texas Department of Agriculture policies and understand that
violation of these provisions and policies may subject me to disciplinary action up to and
including termination.
I also understand that the Ethic policy is accessible to me on the TDA Intranet. I fully
understand that I am responsible for reviewing and understanding the contents of this policy and
any future modifications or additions to it.
____________________________________ _______________________
Print Name Date
Signature
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