SRC-MAX S.B. 145 75(R)BILL ANALYSIS


Senate Research CenterS.B. 145
By: Nixon
State Affairs
1-28-97
Committee Report (Amended)


DIGEST 

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

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, to add Chapter 575,
Government Code, 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, in an open meeting, 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 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.  575.004.  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.


SUMMARY OF COMMITTEE CHANGES

Amendment 1:  Inserts new Section 2 and renumbers lines and sections
accordingly to amend 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.    

Reason:  Adds the office of the governor to the list of agencies that are
authorized to accept gifts under this chapter.