|(a) Procedures for solicitation and acceptance of contributions
of funds and securities by entities other than the State Preservation
Board on behalf of the board to benefit the buildings, programs and
grounds under State Preservation Board authority.
(1) Purpose. To provide guidelines and establish standards
of procedure for the solicitation and acceptance of contributions
of funds and securities to the State Preservation Board.
(A) All proposals for solicitation and contributions
of money by entities other than the State Preservation Board must
be submitted in writing to the office of the State Preservation Board
for review. Approval will be deferred pending submittal of all required
documentation and proper review.
(B) Letters or proposals concerning solicitations and/or
contributions shall be reviewed, along with any pertinent legal documents
and forms by the office of the State Preservation Board, legal counsel
for the State Preservation Board, and any additional advisors considered
appropriate to make recommendations for acceptance or denial. Letters
(i) names and addresses of each individual, corporation,
or organization (including officers and directors), soliciting and
contributing funds or securities, and a copy of the group exemption
letter showing compliance with Section 501(c)(3) of the Internal Revenue
Code for all nonprofit corporations;
(ii) amount of funds or securities to be contributed;
(iii) source of funds or description of method of obtaining
(iv) date(s) funds will be donated or securities transferred;
(v) contributors may specify their donations be used
for a particular item or items, room renovation or conservation of
a specific item(s). The costs will be determined by the office of
the State Preservation Board and submitted in writing to the contributor.
With prior approval by the executive director of the State Preservation
Board, contributors may donate to the following categories:
(I) general preservation;
(II) antique and reproduction period furnishings;
(III) Capitol collection art acquisition and conservation;
(IV) preservation of the historical Capitol grounds;
(V) educational programming;
(VI) The Bob Texas State History Museum;
(VII) other projects approved by the board;
(vi) current financial statement or annual report.
(C) Contributions will not be accepted if:
(i) the method of solicitation or the source of funds
is determined by the office of the State Preservation Board to be
inappropriate for contributions benefiting the Capitol or Museum;
(ii) administrative costs of solicitation effort exceed
25% of total budget;
(iii) the name of the agency project is used in acquiring
funds without written approval from the executive director of the
State Preservation Board;
(iv) all required documentation is not received by
the executive director of the State Preservation Board or is not in
compliance with City of Austin, state, or federal regulations.
(b) Acceptance of funds from events.
(1) Proposals from organizers of events must be submitted
in writing 60 days prior to the event.
(2) All event proposals must include:
(A) event name, purpose, description, location, and
(B) names and addresses of all sponsoring individual(s),
corporations, or organizations;
(C) proposed itemized budget;
(D) amount of guaranteed minimum donation.
(3) Prior to approval of an event using the agency
project name, a memorandum of agreement must be negotiated between
the State Preservation Board, signed by the executive director, and
the organizers of the event. The agreement must include:
(A) amount of guaranteed minimum donation;
(B) a time limit, not to exceed 120 days from the execution
of the memorandum of agreement, for funds to be received by the office
of the State Preservation Board;
(C) authorization by organizers for the office of the
State Preservation Board to audit books of event;
(D) authorization for the office of the State Preservation
Board to approve all printed materials pertaining to the event prior
to their publication and distribution;
(E) proof of sufficient insurance coverage for event
by the organizers;
(F) requirement for written notification of cancellation
or modification of event to be submitted in writing to the office
of the State Preservation Board 30 days prior to scheduled date of
(c) Other provisions.
(1) The office of the State Preservation Board may
require any additional documentation considered appropriate to determine
the acceptance of funds or securities from an individual(s), corporation,
(2) The State of Texas, State Preservation Board, or
the employees of the State Preservation Board shall not be held liable
for any expenses incurred from a solicitation effort benefiting the
agency project by an individual(s), corporation, or organization.
(d) Acknowledgments. All contributions of money may
be acknowledged by the following: a letter from the office of the
State Preservation Board stating the amount of donation, date of the
donation, and its specified category or purpose and a State Preservation
Board appreciation certificate.
|Source Note: The provisions of this §111.23 adopted to be effective February 22, 1991, 16 TexReg 772; amended to be effective November 12, 1991, 16 TexReg 6129; amended to be effective April 12, 1994, 19 TexReg 2197; amended to be effective April 30, 2000, 25 TexReg 3528; amended to be effective July 1, 2012, 37 TexReg 4891