SRC-MAX S.B. 146 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 146
By: Nixon
State Affairs
1-20-97
As Filed


DIGEST 

Currently, many state agencies are authorized to accept gifts and
donations from private or public entities. Although  the statutes
authorizing the acceptance of such gifts require the accepting agency to
use the gift or donation for public purpose, specific usage is left to the
discretion of the individual 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. 

PURPOSE

As proposed, S.B. 146 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, by adding 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 purpose 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. 

SECTION 2. Emergency clause.
  Effective date:  upon passage.