| (a) Purpose. The purpose of this section is to establish
standards of conduct to govern the relationships between the department,
its officers and employees, and private organizations or donors in
accordance with Texas Government Code, §2255.001.
(b) Definitions. The following words and terms, when
used in this subchapter, shall have the following meanings, unless
the context clearly indicates otherwise.
(1) Donor--An individual or organization that gives
or offers to give nonpublic gifts or donations, in whatever form,
to the department.
(2) Private organization--A private organization designed
or operated to further the purposes and duties of the department.
(c) Administration of donations.
(1) Any funds received by the department as donations
will be deposited in the state treasury.
(2) Any funds received by a private organization as
donations for the benefit of the department shall be administered
by the private organization in a manner that best serves the interests
of the department. Any income from the investment of such funds shall
also accrue to the benefit of the department.
(3) All donations, in whatever form, will be used for
the purpose specified by the donor, or for general departmental programs
if no purpose is specified.
(d) Standards of conduct. Acceptance of donations by
the department, its officers, and employees may not result in an officer
or employee's monetary enrichment. Acceptance must comply with department
policy and procedures, and statutory requirements, including Texas
Government Code, Chapter 572, Subchapter C; Texas Government Code,
Chapter 575; and Texas Government Code, §659.0201.
(e) Service by officers and employees. An officer or
employee of the department who also serves as an officer or director
of a private organization or donor shall not vote on or otherwise
participate in any measure, proposal, or decision pending before the
private organization or donor if the department might reasonably be
expected to have an interest in such measure, proposal, or decision.
(f) Use of employees or property. The department, its
officers, and employees shall not authorize a private organization
or donor to use the employees or property of the department unless
the use is in accordance with a contract between the department and
the private organization or donor, or the department is otherwise
compensated for the use.
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