16 TAC § 12.12. Penalties, DIVISION 3. RESTRICTION OF FINANCIAL INTERESTS OF STATE EMPLOYEES

(a) Criminal penalties are imposed by §134.007 of the Act. Section 134.007 of the Act prohibits each employee of the Commission who performs any function or duty under the Act from having a direct or indirect financial interest in any underground or surface coal mining operation. The Act provides that whoever knowingly violates the provisions of §134.007 of the Act shall, upon conviction, be punished by a fine of not more than $2,500, or by imprisonment of not more than one year, or by both.

(b) The provisions in §134.007 of the Act make compliance with the financial interest requirements a condition of employment for employees of the Commission who perform any functions or duties under the Act. Accordingly, an employee who fails to file the required statement will be considered in violation of the intended employment provisions of §134.007 of the Act and will be subject to removal from his or her position.