SRC-DPW S.B. 659 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 659
By: Cain
State Affairs
4/19/1999
As Filed


DIGEST 

Currently, prison employees are not allowed to raise money for charity on
prison grounds.  In the past, prison employees were allowed to conduct such
activities, which raised money for worthy causes and are believed to have
served as community building programs, especially in smaller cities.  This
bill would allow voluntary participation in charitable fund-raising
activities by state employees serving in correctional facilities. 

PURPOSE

As proposed, S.B. 659 authorizes a state agency to permit a charitable
organization to conduct a fundraising activity on state property and
authorizes state employees to participate in charitable activities. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to a state agency in SECTION 1 (Sections
667.002(b), Government Code), and to the comptroller in SECTION 1 (Sections
667.002(d) and 667.005(b), Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 6B, Government Code, by adding Chapter 667, as
follows: 

CHAPTER 667. CHARITABLE ACTIVITIES ON STATE PROPERTY

Sec. 667.001. DEFINITIONS. Defines "charitable organization," "eligible
charitable organization," "state agency," "state employee," and "state
property." 

Sec. 667.002. CHARITABLE ACTIVITIES ON STATE PROPERTY. Entitles a state
employee to participate in fund-raising activities for the benefit of an
eligible charitable organization.  Requires a state agency to adopt rules
regarding the location and timing of charitable events.  Requires a state
agency to inform its state employees that participation in charitable
events is voluntary.  Requires the comptroller to adopt rules establishing
a process for hearing complaints of coercive activities conducted on state
property.   

Sec. 667.003. ELIGIBILITY OF CHARITABLE ORGANIZATIONS. Sets forth
guidelines for eligibility to conduct a charitable activity on state
property. 

Sec. 667.004. FUND-RAISING PRACTICES. Sets forth required practices of an
eligible charitable organization. 

Sec. 667.005. FUNDS RAISED. Requires all funds collected by state employees
for the benefit of a charitable organization to be deposited in the state
treasury within 30 days after the date of collection.  Requires the
comptroller to establish, by rule, procedures for the distribution of funds
raised by charitable organizations. 

Sec. 667.006. LIMITATION ON USE OF FUNDS.  Prohibits an eligible charitable
organization from using funds raised under this chapter to conduct
litigation or make expenditures that would require the entity to register
under Chapter 305. 

Sec. 667.007. AUDIT. Authorizes a state agency to request the comptroller
or a state auditor  to audit an eligible charitable organization that the
agency believes has misapplied funds, and authorizes the attorney general
to bring an action to recover misapplied funds. 

SECTION 2. Amends Section 94.015, Human Resource Code, by adding Subsection
(d), provided that this chapter does not prohibit a state agency from
permitting a charitable organization to conduct a fundraising activity on
state property under Chapter 667, Government Code. 

SECTION 3.Emergency clause.
  Effective date: upon passage.