By:  Nixon                                    S.B. No. 145

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the acceptance of gifts by state entities.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Subtitle B, Title 5, Government Code, is amended

 1-4     by adding Chapter 575 to read as follows:

 1-5              CHAPTER 575.  ACCEPTANCE OF GIFT BY STATE AGENCY

 1-6           Sec. 575.001.  DEFINITIONS.  In this chapter:

 1-7                 (1)  "Gift" includes a donation of money or property.

 1-8     Gift does not include donations of money or property valued under

 1-9     $500 donated to a state agency for the direct use and benefit of

1-10     clients receiving services from that agency.

1-11                 (2)  "State agency" means a board, commission, council,

1-12     committee, department, office, agency, or other governmental entity

1-13     in the executive or judicial branch of state government.  The term

1-14     does not include an institution of higher education as defined by

1-15     Section 61.003, Education Code.

1-16           Sec. 575.002.  ACCEPTANCE OF GIFT BY STATE AGENCY GOVERNING

1-17     BOARD.  A state agency that has a governing board may accept a gift

1-18     only if the agency has the authority to accept the gift and a

1-19     majority of the board, in an open meeting, approves accepting the

1-20     gift.

1-21           Sec. 575.003.  RECORD OF GIFT.  A state agency that accepts a

1-22     gift must record the name of the donor, a description of the gift,

1-23     and a statement of the purpose of the gift in:

 2-1                 (1)  the minutes of the governing board of the agency;

 2-2     or

 2-3                 (2)  appropriate agency records, if the agency does not

 2-4     have a governing board.

 2-5           Sec. 575.004.  ACCEPTANCE OF GIFT FROM PARTY TO CONTESTED

 2-6     CASE PROHIBITED.  A state agency may not accept a gift from a

 2-7     person who is a party to a contested case before the agency until

 2-8     the 30th day after the date the decision in the case becomes final

 2-9     under Section 2001.144.  In this section, "contested case" has the

2-10     meaning assigned by Section 2001.003.

2-11           SECTION 2.  Section 401.031, Government Code, is amended to

2-12     read as follows:

2-13           Sec. 401.031.  ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS BY

2-14     THE OFFICE OF THE GOVERNOR.  [(a)]  The office of the governor may

2-15     solicit and accept gifts, grants, and donations of money or

2-16     property on behalf of the state for any lawful public purpose

2-17     [related to the office of governor].

2-18           [(b)  The governor may decline to accept a gift, grant, or

2-19     donation that is made for a specific purpose if the governor

2-20     determines the gift may not be used reasonably or economically for

2-21     the designated purpose.]

2-22           SECTION 3.  The importance of this legislation and the

2-23     crowded condition of the calendars in both houses create an

2-24     emergency and an imperative public necessity that the

2-25     constitutional rule requiring bills to be read on three several

 3-1     days in each house be suspended, and this rule is hereby suspended,

 3-2     and that this Act take effect and be in force from and after its

 3-3     passage, and it is so enacted.