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(a) - (b)(No change.) (c)In compliance with Chapter 2255, Texas Government Code, this subsection establishes the criteria, procedures and standards of conduct governing the relationship between the department and its officers and employees and private donors. This subsection authorizes the department to accept gifts and donations the department determines it is in the public interest to accept as a result of an emergency, including both natural and manmade disasters. (1)A private donor may make donations, including gifts, to the department to be spent or used for public purposes during times of emergency, including times of manmade and natural disasters. Use by the department of the donation must be consistent with the mission and duties of the department. If the donor specifies the purpose for which the donation may be spent, the department must expend the donation only for that purpose. (2)Donations must be spent in accordance with the State Appropriations Act and shall be deposited in the state treasury unless statutorily exempted. (3)The executive director is hereby delegated authority to coordinate all donations and may accept donations that do not exceed $250,000 in value on behalf of the department. Each donation accepted by the executive director must be acknowledged by the board within thirty days of acceptance of the donation by the department. Donations that exceed $250,000 in value must be accepted by the board. (4)Acceptance of the donation by either the board or the executive director of the department must be recorded in the board minutes, together with the name of the donor, description of the donation and a statement of the purpose of the donation. (5)Donations may be accepted only if the executive director or board, as applicable, determines the donation will further the department's mission or duties, provide significant public benefit and not influence or reasonably appear to influence, the department in the performance of its duties. (6)Execution of a donation agreement is required if the value of the donation exceeds $10,000 or if a written agreement is necessary, in the opinion of the department, to: (A)indemnify the department as to ownership; (B)prevent potential claims that could result from use of the donation; (C)document donation terms or conditions; or (D)describe how the donation will further the department's mission or duties, provides a significant public benefit and is not made in an effort to influence action on the part of the department. (7)Each donation agreement must include: (A)a description of the donation, including a determination of its value; (B)donor attestation of ownership rights in the donation; (C)any restrictions or terms of use of the donation imposed by the donor; (D)contact information for the donor; (E)a statement that the department takes no position regarding and is not responsible for any tax-related representations by the donor; (F)the signature of the executive director and the donor or an authorized representative of the donor if it is an entity rather than an individual.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the
agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on May 22, 2008
TRD-200802701 Renée Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 463-6124
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