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RULE §102.2Gifts, Grants, and Donations

(a) The commission may accept gifts, grants, and donations made to the Texas Workers' Compensation Commission as follows:

  (1) If the value of a gift or donation is $500 or more, the commissioners must, by a majority vote at a public meeting, acknowledge the gift or donation, no later than the 90th day after the date it is accepted.

  (2) The Executive Director may accept a gift or donation on behalf of the commission. The Executive Director shall report all accepted gifts and donations to the commissioners.

  (3) The Commission may accept a grant from the Texas Workers' Compensation Insurance Fund for the purpose of implementing steps to control and lower medical costs in the workers' compensation system and to ensure the delivery of quality medical care. The commission must additionally:

    (A) publish the name of the grantor and the purpose and conditions of the grant in the Texas Register ;

    (B) provide a 20-day public comment period prior to acceptance of the grant; and

    (C) acknowledge acceptance at a public meeting

  (4) The Executive Director may accept all other grants on behalf of the Commission and shall report all accepted grants to the Commissioners.

(b) The acceptance or acknowledgment of a gift, grant, or donation made in accordance with subsection (a)(1) or (a)(3) of this section must be reflected in the minutes of the public meeting at which the gift, grant, or donation was accepted or acknowledged. The minutes must include the name of the donor/grantor; a description of the gift, grant, or donation; and a general statement of the purpose for which the gift, grant, or donation will be used.

(c) The Executive Director shall forward all money or financial instruments received as a gift, grant, or donation to the Comptroller of Public Accounts, for deposit in the appropriate commission fund.

(d) The Executive Director shall, where appropriate, convert non-monetary gifts, grants, and donations to cash.

(e) A donor may direct the use of the gift, grant, or donation in writing. This direction will be followed by the commission, as nearly as practicable, and in accordance with state and federal law.

(f) The Commission may not accept a gift or donation of $500 or more from a person who is a party to a contested case before the agency until the 30th day after the decision in the case becomes final under §2001.144 of the Texas Government Code. For purposes of this rule, "contested case" has the meaning assigned by §2001.003 of the Texas Government Code.

Source Note: The provisions of this §102.2 adopted to be effective January 1, 1991, 15 TexReg 6746; amended to be effective December 2, 1997, 22 TexReg 11691; amended to be effective March 13, 2000, 25 TexReg 2078

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