IMF C.S.S.B. 145 75(R)BILL ANALYSIS


STATE AFFAIRS
C.S.S.B. 145
By: Nixon
4-25-97
Committee Report (Substituted)


BACKGROUND 

Currently, many state agencies are authorized to accept gifts and
donations from private or public entities. Some statutes authorizing the
acceptance of gifts allow a donation to be accepted from a person involved
in a contested case hearing before a state agency. Uniform procedures on
the acceptance of gifts would establish guidelines and restrictions for
all agencies authorized to accept gifts, thus providing consistency within
public records. This bill provides a uniform policy for the acceptance of
gifts to a state agency and places restrictions on the acceptance of gifts
from parties involved in contested case hearings. 

PURPOSE

As proposed, S.B. 145 sets forth the policy for the acceptance of gifts by
state agencies. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 5B, Government Code, to add Chapter 575,
Government Code, as follows: 

 Sec. 575.001. DEFINITIONS. Defines "gift" and "state agency."

 Sec. 575.002.  Applies to gifts with a value of $500 or more.

 Sec. 575.003. 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, in an open    meeting, approves accepting the gift. 

 Sec. 575.004. RECORD OF GIFT. Requires a state agency that accepts a gift
to record  the name of the donor, a description of the gift, and a
statement of the purposes of the gift  in the minutes of the governing
board of the agency and appropriate agency records, if the  agency does
not have a governing board. 

 Sec. 575.005. ACCEPTANCE OF GIFT FROM PARTY TO CONTESTED CASE
PROHIBITED. Prohibits a state agency from accepting a gift from a party to
a contested  case before the agency until the 30th day after the date of
the decision in the case    becomes final under Section 2001.144. Defines
"contested case." 

SECTION 2. Amends Section 401.031, Government Code, as follows:

 Sec. 401.031. New Heading: ACCEPTANCE OF GIFTS, GRANTS, AND    DONATIONS
BY THE OFFICE OF THE GOVERNOR. Authorizes the office of the  governor to
solicit and accept gifts, grants, and donations of money or property on
behalf  of the state for any lawful public purpose. 
 
SECTION 3. Emergency clause.  Effective date:  upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

In SECTION 1 of the bill, changes the definition of "gift" and adds Sec.
575.002 to provide that this bill applies only to gifts of $500 or more.