By Nixon S.B. No. 1511 74R7677 ESH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the acceptance of gifts by state agencies. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle B, Title 5, Government Code, is amended 1-5 by adding Chapter 575 to read as follows: 1-6 CHAPTER 575. ACCEPTANCE OF GIFT BY STATE AGENCY 1-7 Sec. 575.001. DEFINITIONS. In this chapter: 1-8 (1) "Gift" includes a donation of money or property. 1-9 (2) "State agency" means a board, commission, council, 1-10 committee, department, office, agency, or other governmental entity 1-11 in the executive or judicial branch of state government. The term 1-12 does not include an institution of higher education as defined by 1-13 Section 61.003, Education Code. 1-14 Sec. 575.002. ACCEPTANCE OF GIFT BY STATE AGENCY GOVERNING 1-15 BOARD. A state agency that has a governing board may accept a gift 1-16 only if the agency has the authority to accept the gift and a 1-17 majority of the board, in an open meeting, approves accepting the 1-18 gift. 1-19 Sec. 575.003. RECORD OF GIFT. A state agency that accepts a 1-20 gift must record the name of the donor, a description of the gift, 1-21 and a statement of the purpose of the gift in: 1-22 (1) the minutes of the governing board of the agency; 1-23 or 1-24 (2) appropriate agency records, if the agency does not 2-1 have a governing board. 2-2 Sec. 575.004. ACCEPTANCE OF GIFT FROM PARTY TO CONTESTED 2-3 CASE PROHIBITED. A state agency may not accept a gift from a 2-4 person who is a party to a contested case before the agency until 2-5 the 30th day after the date the decision in the case becomes final 2-6 under Section 2001.144. In this section, "contested case" has the 2-7 meaning assigned by Section 2001.003. 2-8 SECTION 2. The importance of this legislation and the 2-9 crowded condition of the calendars in both houses create an 2-10 emergency and an imperative public necessity that the 2-11 constitutional rule requiring bills to be read on three several 2-12 days in each house be suspended, and this rule is hereby suspended, 2-13 and that this Act take effect and be in force from and after its 2-14 passage, and it is so enacted.