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.

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