By Nixon                                         S.B. No. 146

      75R1267 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the acceptance of gifts by state agencies.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subtitle B, Title 5, Government Code, is amended

 1-5     by adding Chapter 575 to read as follows:

 1-6              CHAPTER 575.  ACCEPTANCE OF GIFT BY STATE AGENCY

 1-7           Sec. 575.001.  DEFINITIONS.  In this chapter:

 1-8                 (1)  "Gift" includes a donation of money or property.

 1-9                 (2)  "State agency" means a board, commission, council,

1-10     committee, department, office, agency, or other governmental entity

1-11     in the executive or judicial branch of state government.  The term

1-12     does not include an institution of higher education as defined by

1-13     Section 61.003, Education Code.

1-14           Sec. 575.002.  ACCEPTANCE OF GIFT BY STATE AGENCY GOVERNING

1-15     BOARD.  A state agency that has a governing board may accept a gift

1-16     only if the agency has the authority to accept the gift and a

1-17     majority of the board, in an open meeting, approves accepting the

1-18     gift.

1-19           Sec. 575.003.  RECORD OF GIFT.  A state agency that accepts a

1-20     gift must record the name of the donor, a description of the gift,

1-21     and a statement of the purpose of the gift in:

1-22                 (1)  the minutes of the governing board of the agency;

1-23     or

1-24                 (2)  appropriate agency records, if the agency does not

 2-1     have a governing board.

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

 2-3     crowded condition of the calendars in both houses create an

 2-4     emergency and an imperative public necessity that the

 2-5     constitutional rule requiring bills to be read on three several

 2-6     days in each house be suspended, and this rule is hereby suspended,

 2-7     and that this Act take effect and be in force from and after its

 2-8     passage, and it is so enacted.