BILL ANALYSIS S.B. 1511 By: Nixon State Affairs 4-11-95 Committee Report (Unamended) BACKGROUND A number of state agencies are authorized to accept gifts and donations of money and other property from private or public entities. At present, the statutes authorizing the acceptance of such gifts only require the accepting agency to use the gift or donation for a public purpose. While some agencies may have adopted procedures for and restrictions on the acceptance of gifts, the authorizing statutes do not restrict the circumstances under which gifts may be accepted, nor do they prescribed a procedure for the acceptance of such gifts. Thus, the current law allows the acceptance of substantial gifts from donors involved in a contested case hearing before the agency. This omission may give the impression of impropriety. PURPOSE As proposed, S.B. 1511 authorizes a state agency that has a governing board to accept a gift under certain circumstances and requires the agency to record certain information regarding the gift. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Title 5B, Government Code, by adding Chapter 575, as follows: CHAPTER 575. ACCEPTANCE OF GIFT BY STATE AGENCY Sec. 575.001. DEFINITIONS. Defines "gift" and "state agency." Sec. 575.002. ACCEPTANCE OF GIFT BY STATE AGENCY GOVERNING BOARD. Authorizes a state agency that has a governing board to accept a gift only if the agency has the authority to accept the gift and a majority of the board approves accepting the gift. Sec. 575.003. RECORD OF GIFT. Requires a state agency that accepts a gift to record the name of the donor, a description of the gift, and the purpose of the gift in board minutes of the governing board or agency records. Sec. 575.004. ACCEPTANCE OF GIFT FROM PARTY TO CONTESTED CASE PROHIBITED. Prohibits a state agency from accepting a gift from a person who is a party to a contested case before the agency until 30 days after the decision in the case becomes final. Defines "contested case." SECTION 2. Emergency clause. Effective date: upon passage.