SRC-JXG S.B. 183 76(R)BILL ANALYSIS


Senate Research CenterS.B. 183
By: Nixon
State Affairs
6/28/1999
Enrolled


DIGEST 

In 1997, the Texas Legislature passed S.B. 145 to establish uniform
procedures on the acceptance of gifts for all state agencies authorized to
accept gifts. S.B. 145 requires the majority of a governing board of a
state agency to vote in an open meeting to approve accepting a gift valued
at $500 or more. A state agency accepting a gift must record the name of
the donor, a description of the gift, and a statement of the purpose of the
gift in the state agency's governing board minutes or appropriate state
agency records, if the state agency does not have a governing board. A
state agency is prohibited from accepting a gift from a person who is a
party to a contested case before the state agency receiving the gift, until
the 30th day after the date the decision in the case becomes final.
Donations of perishable food items or seasonable items cannot be made
because it may take several months before the state agency's governing
board acts on the offer of the donation.  S.B. 183 will authorize a state
agency to accept a gift valued at $500 or more, and then have the state
agency's governing board acknowledge acceptance of the gift in an open
meeting within 90 days. 

PURPOSE

As enrolled, S.B. 183 authorizes a state agency to accept a gift valued at
$500 or more, and then have the state agency's governing board acknowledge
acceptance of the gift in an open meeting within 90 days. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 575.003, Government Code, to authorize a state
agency that has a governing board to accept a gift only if a majority of
the governing board acknowledges the acceptance of the gift, rather than
approves accepting the gift, in an open meeting no later than the 90th day
after the date the gift is accepted. 

SECTION 2. Effective date: September 1, 1999.
           Makes application of this Act prospective.

SECTION 3. Emergency clause.