(a) A for-profit entity will not be designated as an
OCS:
(1) if there is a reasonable possibility of a conflict
of interest between the Commission and the business entity, or if
the designation would create the appearance of a conflict of interest.
Business entities that have contracts with the Commission, recipients
of Commission grants or who have business under review by the Commission
are considered to have a conflict of interest with the Commission
for OCS purposes;
(2) if the affiliation of the Commission with the business
entity would undermine the reputation, credibility or integrity of
the Commission in the judgment of the Commission; or
(3) if the business entity's mission or purpose conflicts
with the mission and goals of the Commission.
(b) An entity shall not be considered an OCS until
it has been designated as an OCS in a sponsorship contract signed
by the executive director or his designee.
(c) OCSs may be selected through a competitive process
or by direct negotiation. The Friends of the Texas Historical Commission
is the recognized fund-raising organization of the Texas Historical
Commission. Potential sponsors should contact the Friends to learn
the details of how to become an OCS.
(d) The Commission's process for selecting and designating
OCSs shall take into consideration:
(1) the availability of other possible OCSs for the
agency, program, project or site;
(2) the amount and nature of support being offered,
and the needs of the site or program;
(3) the amount of support being offered in proportion
to the value of the consideration and other benefits provided by the
Commission; and
(4) the level of compatibility of the entity's products,
business and mission with the Commission's mission and goals.
(e) The Commission may designate one exclusive OCS
for the agency, and exclusive or multiple OCSs within a business category.
(f) The Commission may establish minimum criteria that
must be met by an entity to be considered for designation as an OCS.
Such criteria may include, but are not limited to the following:
(1) a minimum amount of the contribution in cash, goods,
and/or services to be provided by the OCS;
(2) the extent of the entity's geographic presence
in the state;
(3) the ability of the entity to engage in joint promotional
campaigns and/or cooperative ventures utilizing technology and/or
systems belonging to the entity;
(4) authorization to conduct business in the state
of Texas and being in good standing with the appropriate regulatory
and taxing authorities of the state of Texas; and
(5) specific kinds of businesses that are not appropriate
for affiliation with the Commission.
(g) The designation of an OCS shall be for a specified
period of time, and no longer than five (5) years.
(h) The designation of an OCS shall not constitute
an endorsement by the Commission of the OCS or the OCS's products
and/or services.
(i) Notwithstanding the designation of an entity as
an OCS and unless otherwise expressly agreed by the Commission in
writing:
(1) the Commission and an OCS are independent entities
and are not agents, partners, joint venture participants or otherwise
responsible for the acts, omissions, or conduct of the other party;
and
(2) the legal relationship of the Commission and an
OCS shall be defined by contract and shall not be considered a "partnership"
and neither the Commission nor an OCS shall be considered a "partner"
of the other as those terms are defined and used in the Texas Business
Organizations Code.
(j) Donations from OCSs under a sponsorship agreement
may be made to an affiliated non-profit entity for the benefit of
the Commission.
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