AN ACT
1-1 relating to the acceptance of gifts by state agencies.
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" means a donation of money or property.
1-8 (2) "State agency" means a board, commission, council,
1-9 committee, department, office, agency, or other governmental entity
1-10 in the executive or judicial branch of state government. The term
1-11 does not include an institution of higher education as defined by
1-12 Section 61.003, Education Code.
1-13 Sec. 575.002. GIFTS OF $500 OR MORE. This chapter applies
1-14 only to a gift that has a value of $500 or more.
1-15 Sec. 575.003. ACCEPTANCE OF GIFT BY STATE AGENCY GOVERNING
1-16 BOARD. A state agency that has a governing board may accept a gift
1-17 only if the agency has the authority to accept the gift and a
1-18 majority of the board, in an open meeting, approves accepting the
1-19 gift.
1-20 Sec. 575.004. RECORD OF GIFT. A state agency that accepts a
1-21 gift must record the name of the donor, a description of the gift,
1-22 and a statement of the purpose of the gift in:
1-23 (1) the minutes of the governing board of the agency;
2-1 or
2-2 (2) appropriate agency records, if the agency does not
2-3 have a governing board.
2-4 Sec. 575.005. ACCEPTANCE OF GIFT FROM PARTY TO CONTESTED
2-5 CASE PROHIBITED. A state agency may not accept a gift from a
2-6 person who is a party to a contested case before the agency until
2-7 the 30th day after the date the decision in the case becomes final
2-8 under Section 2001.144. In this section, "contested case" has the
2-9 meaning assigned by Section 2001.003.
2-10 SECTION 2. Section 401.031, Government Code, is amended to
2-11 read as follows:
2-12 Sec. 401.031. ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS BY
2-13 THE GOVERNOR. [(a)] The office of the governor may solicit and
2-14 accept gifts, grants, and donations of money or property on behalf
2-15 of the state for any lawful public purpose [related to the office
2-16 of governor].
2-17 [(b) The governor may decline to accept a gift, grant, or
2-18 donation that is made for a specific purpose if the governor
2-19 determines the gift may not be used reasonably or economically for
2-20 the designated purpose.]
2-21 SECTION 3. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended,
S.B. No. 145
3-1 and that this Act take effect and be in force from and after its
3-2 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 145 passed the Senate on
February 3, 1997, by the following vote: Yeas 27, Nays 0; and that
the Senate concurred in House amendment on May 13, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 145 passed the House, with
amendment, on May 7, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor