1-1 By: Nixon S.B. No. 145
1-2 (In the Senate - Filed December 16, 1996; January 14, 1997,
1-3 read first time and referred to Committee on State Affairs;
1-4 January 30, 1997, reported favorably, as amended, by the following
1-5 vote: Yeas 13, Nays 0; January 30, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Nixon
1-7 Amend S.B. No. 145 by inserting a new SECTION 2 to read as follows
1-8 and renumbering sections accordingly:
1-9 SECTION 2. Section 401.031, Government Code, is amended to
1-10 read as follows:
1-11 Sec. 401.031. ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS BY
1-12 THE OFFICE OF THE GOVERNOR. [(a)] The office of the governor may
1-13 solicit and accept gifts, grants, and donations of money or
1-14 property on behalf of the state for any lawful public purpose
1-15 [related to the office of governor].
1-16 [(b) The governor may decline to accept a gift, grant, or
1-17 donation that is made for a specific purpose if the governor
1-18 determines the gift may not be used reasonably or economically for
1-19 the designated purpose.]
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to the acceptance of gifts by state agencies.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Subtitle B, Title 5, Government Code, is amended
1-25 by adding Chapter 575 to read as follows:
1-26 CHAPTER 575. ACCEPTANCE OF GIFT BY STATE AGENCY
1-27 Sec. 575.001. DEFINITIONS. In this chapter:
1-28 (1) "Gift" includes a donation of money or property.
1-29 (2) "State agency" means a board, commission, council,
1-30 committee, department, office, agency, or other governmental entity
1-31 in the executive or judicial branch of state government. The term
1-32 does not include an institution of higher education as defined by
1-33 Section 61.003, Education Code.
1-34 Sec. 575.002. ACCEPTANCE OF GIFT BY STATE AGENCY GOVERNING
1-35 BOARD. A state agency that has a governing board may accept a gift
1-36 only if the agency has the authority to accept the gift and a
1-37 majority of the board, in an open meeting, approves accepting the
1-38 gift.
1-39 Sec. 575.003. RECORD OF GIFT. A state agency that accepts a
1-40 gift must record the name of the donor, a description of the gift,
1-41 and a statement of the purpose of the gift in:
1-42 (1) the minutes of the governing board of the agency;
1-43 or
1-44 (2) appropriate agency records, if the agency does not
1-45 have a governing board.
1-46 Sec. 575.004. ACCEPTANCE OF GIFT FROM PARTY TO CONTESTED
1-47 CASE PROHIBITED. A state agency may not accept a gift from a
1-48 person who is a party to a contested case before the agency until
1-49 the 30th day after the date the decision in the case becomes final
1-50 under Section 2001.144. In this section, "contested case" has the
1-51 meaning assigned by Section 2001.003.
1-52 SECTION 2. The importance of this legislation and the
1-53 crowded condition of the calendars in both houses create an
1-54 emergency and an imperative public necessity that the
1-55 constitutional rule requiring bills to be read on three several
1-56 days in each house be suspended, and this rule is hereby suspended,
1-57 and that this Act take effect and be in force from and after its
1-58 passage, and it is so enacted.
1-59 * * * * *