1-1 By: Nixon, Montford S.B. No. 1511 1-2 (In the Senate - Filed March 13, 1995; March 22, 1995, read 1-3 first time and referred to Committee on State Affairs; 1-4 April 11, 1995, reported favorably by the following vote: Yeas 13, 1-5 Nays 0; April 11, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the acceptance of gifts by state agencies. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Subtitle B, Title 5, Government Code, is amended 1-11 by adding Chapter 575 to read as follows: 1-12 CHAPTER 575. ACCEPTANCE OF GIFT BY STATE AGENCY 1-13 Sec. 575.001. DEFINITIONS. In this chapter: 1-14 (1) "Gift" includes a donation of money or property. 1-15 (2) "State agency" means a board, commission, council, 1-16 committee, department, office, agency, or other governmental entity 1-17 in the executive or judicial branch of state government. The term 1-18 does not include an institution of higher education as defined by 1-19 Section 61.003, Education Code. 1-20 Sec. 575.002. ACCEPTANCE OF GIFT BY STATE AGENCY GOVERNING 1-21 BOARD. A state agency that has a governing board may accept a gift 1-22 only if the agency has the authority to accept the gift and a 1-23 majority of the board, in an open meeting, approves accepting the 1-24 gift. 1-25 Sec. 575.003. RECORD OF GIFT. A state agency that accepts a 1-26 gift must record the name of the donor, a description of the gift, 1-27 and a statement of the purpose of the gift in: 1-28 (1) the minutes of the governing board of the agency; 1-29 or 1-30 (2) appropriate agency records, if the agency does not 1-31 have a governing board. 1-32 Sec. 575.004. ACCEPTANCE OF GIFT FROM PARTY TO CONTESTED 1-33 CASE PROHIBITED. A state agency may not accept a gift from a 1-34 person who is a party to a contested case before the agency until 1-35 the 30th day after the date the decision in the case becomes final 1-36 under Section 2001.144. In this section, "contested case" has the 1-37 meaning assigned by Section 2001.003. 1-38 SECTION 2. The importance of this legislation and the 1-39 crowded condition of the calendars in both houses create an 1-40 emergency and an imperative public necessity that the 1-41 constitutional rule requiring bills to be read on three several 1-42 days in each house be suspended, and this rule is hereby suspended, 1-43 and that this Act take effect and be in force from and after its 1-44 passage, and it is so enacted. 1-45 * * * * *