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.