| (a) As authorized by Texas Health and Safety Code §102.054,
the Institute may solicit and accept gifts from any source to support
the operations of the Institute and to further its purposes; except
that the Institute may not supplement the salary of any Institute
Employee with a gift or grant received by the Institute.
(b) An Oversight Committee Member or an Institute Employee
shall not authorize a donor to use the property of the Institute unless
the property is used in accordance with a contract between the Institute
and the donor, the contract is found by the Institute to serve a public
purpose, the contract contains provisions to ensure the public purpose
continues, and the Institute is reasonably compensated for the use
of the property.
(c) Procedure for acceptance of gifts.
(1) Gifts to the Institute may be designated for one
of the following categories:
(A) Unrestricted General Support;
(B) Restricted Programmatic Support;
(C) Endowed and Restricted Funds; or
(D) Other (includes gifts of real or personal property).
(2) Gifts of ten thousand dollars ($10,000) or less
may be accepted on behalf of the Institute by the Chief Executive
Officer.
(3) The Oversight Committee by a majority vote may
accept gifts of cash, stock, bonds, or personal property with a value
in excess of ten thousand dollars ($10,000), gifts of real property
regardless of value, and all other gifts not herein described on behalf
of the Institute.
(4) For gifts made to the Institute of cash, stock,
bonds, or personal property with a value in excess of one million
dollars, gifts of real property regardless of value, and all other
gifts not herein described, a report shall be created by the Chief
Executive Officer for the Oversight Committee that includes the following
information:
(A) Name and biographical data regarding the individual
or organization making the gift;
(B) A description of the gift;
(C) A list of conditions or requirements to be imposed
on the Institute as a result of accepting the gift;
(D) If one of the conditions is naming, then include
a description of the object to be named and whether there is a time
limit on continuing the name;
(E) If the gift is real property, an evaluation of
the gift by the General Land Office;
(F) If the gift is stock or other investments, a description
of how they will be sold and the expected net proceeds; and
(G) A description of how the gift will be used.
(5) All funds received from donations to the Institute
will be deposited to the state treasury and used for the purpose specified
by the donor or for general Institute programs when no purpose is
specified.
(d) The Institute encourages the offer of gifts of
additional revenue and real and personal property through naming.
(1) Naming can be given to both real objects and inanimate
objects, such as Grant Awards.
(2) The Oversight Committee will consider a request
for naming in connection with a gift of real or personal property
of substantial value to the Institute and its programs. In determining
whether a gift has substantial value, the Oversight Committee will
evaluate the following factors:
(A) The size of the real or personal property in relation
to other fund sources--including bonds--available at the same time
and consideration of whether the donation will make a material contribution
to the Institute's goals and programs that otherwise would not be
made;
(B) Availability of the real or personal property;
and
(C) The degree of flexibility and discretion the Institute
will have in the use of the real or personal property.
(3) The Oversight Committee must approve the recommendation
to name an object or program by a majority vote of its members.
(e) The Oversight Committee may refuse a gift to the
Institute for any reason, including:
(1) The gift requires an initial and/or on-going expenditure
that will likely equal or exceed the value of the gift.
(2) The gift is from an institution, entity, or organization,
or a director, officer, or an executive of an institution, entity
or organization that has applied for funding from the Institute, or
currently receives funding from the Institute, or the gift is from
a Senior Member or Key Personnel of the research or prevention program
team listed on a Grant Application or Grant Award.
(3) The Institute may return a gift made by an institution,
entity, organization, or individual that was otherwise eligible to
make the donation at the time that the gift was accepted by the Institute
in the event that the donor subsequently submits a Grant Application
for funding from the Institute within the fiscal year of the donation.
(4) For purposes of this section, the limitation on
gifts does not apply to a donation made as the result of the final
bequeathal.
(f) The Institute shall report information pertaining
to gifts, grants, or other consideration provided to the Institute,
an Institute Employee, or a member of an Institute committee, subject
to the requirements in this subsection.
(1) The information shall be posted on the Institute's
Internet website.
(2) The information to be posted shall include the
donor's name, the date of the donor's donation, and the amount of
the donor's donation.
(3) The reporting requirement applies to all gifts,
grants, or other consideration provided to the Institute except that
individual conference registration fees for a conference hosted by
the Institute and paid to the Institute by conference attendees shall
not be treated as consideration for purposes of the reporting requirement.
The total amount received for conference registration fees may be
reported.
(4) The reporting requirement applies to all gifts,
grants, or other consideration given to a Oversight Committee Member,
Institute Employee, or Program Integration Committee Member except
that the following items are not considered gifts, grants or consideration
subject to the reporting requirement:
(A) Books, pamphlets, articles, or other similar materials
that contain information directly related to the job duties of an
Oversight Committee Member, Institute Employee, or Program Integration
Committee Member and that are accepted by the individual on behalf
of Institute for use in performing the individual's job duties.
(B) A gift or other benefit conferred on account of
kinship or a personal, professional, or business relationship independent
of the official status of the recipient so long as:
(i) The personal friend or a Relative of the personal
friend is not an employee of an entity receiving or applying to receive
money from the Institute; and
(ii) The individual subject to this provision has no
reason to believe that the item or consideration is being offered
through an intermediary in an attempt to evade reporting requirements.
(C) Items with a value of less than $50, excluding
cash or a negotiable instrument described by §3.104, Business
and Commerce Code.
(5) The reporting requirement applies only to the gifts,
grants, or other consideration given to a Scientific Research and
Prevention Programs Committee Member by a Grant Applicant or Grant
Recipient during the period that the Member is appointed except that
the following items are not considered gifts, grants or consideration
subject to the reporting requirement:
(A) Books, pamphlets, articles, or other similar materials
that contain information directly related to the job duties of the
Scientific Research and Prevention Programs Committee Member and that
are accepted by the individual for use in performing the individual's
job duties.
(B) Items with a value of less than $50, excluding
cash or a negotiable instrument as described by §3.104, Business
and Commerce Code.
(6) The reporting requirement applies to a member of
an Advisory Committee of the Institute only to the extent that the
individual participates in the Grant Review Process.
(A) A gift or other benefit conferred on account of
kinship or personal, professional, or business relationship independent
of the official status of the recipient so long as:
(i) The personal friend or a Relative of the personal
friend is not an employee of an entity receiving or applying to receive
money from the Institute; and
Cont'd... |
