All NPs must meet the requirements and criteria of this section.
(1) In order to be considered a NP of the department,
the nonprofit organization must be designated by the commission voting
in a public meeting. The commission will designate an ONP, as necessary.
(2) The commission may remove a nonprofit partner from
the NP list.
(3) All NPs must carry out the fiscal, business, legal,
and tax responsibilities of a nonprofit entity as required by state
and federal law.
(4) NPs must have obtained from the Internal Revenue
Service a valid determination letter that it is an organization described
in §501(c) of the Internal Revenue Code of 1986 (Title 26, United
States Code), as amended. Such a letter must be obtained no later
than 180 days after being designated by the commission as a NP.
(5) A NPs' work with the department must be consistent
with the department's mission and goals.
(6) Upon dissolution, a NP may be required to dispose
of funds raised for the benefit of the department in a way that will
benefit the department, in accordance with applicable law.
(7) NP’s must be incorporated in accordance with
the Texas Nonprofit Corporation Act (Business Organizations Code,
Chapter 22).
(8) Within 60 days of its designation as a nonprofit
partner, each NP must enter into an agreement with the department
detailing the responsibilities and duties of the nonprofit partner
and the department. Each NP must maintain such an agreement with the
department for as long as the entity is designated as a NP. The agreement
may also address the obligations of a NP upon termination of the relationship
between the NP and the department, including termination resulting
from the dissolution of the NP.
(9) NPs must promptly notify the department of any
change in its legal or tax-exempt status.
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