Sec. 26.0283. DENIAL OF APPLICATION FOR PERMIT; ASSISTANCE PROVIDED BY CERTAIN FORMER EMPLOYEES. (a) In this section, "former employee" means a person:
(1) who was previously employed by the commission as a supervisory or exempt employee; and
(2) whose duties during employment with the commission included involvement in or supervision of the commission's review, evaluation, or processing of applications.
(b) The commission shall deny an application for the issuance, amendment, renewal, or transfer of a permit and may not issue, amend, renew, or transfer the permit if the board determines that a former employee:
(1) participated personally and substantially as a former employee in the commission's review, evaluation, or processing of that application before leaving his employment with the commission; and
(2) after leaving his employment with the commission, provided assistance with the application for the issuance, amendment, renewal, or transfer of a permit, including assistance with preparation or presentation of the application or legal representation of the applicant.
(c) The commission shall provide an opportunity for a hearing to an applicant before denying an application under this section.
(d) Action taken under this section will not prejudice any application other than an application in which the former employee provided assistance.
Added by Acts 1989, 71st Leg., ch. 1175, Sec. 2, eff. Sept. 1, 1989.
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