The Texas Department of Information Resources (department) proposes amendments to §201.9, concerning board policies, to add subsection (c). The new subsection describes the department's donation policy, including the criteria, procedures and standards of conduct governing the relationship between the department and its officers and employees and private donors. The new subsection is necessary because the department was given authority in §2054.052(g), Texas Government Code, to accept gifts related to its duties. Chapter 2255, Texas Government Code, requires the adoption of a donation policy. The proposed subsection authorizes the department to accept gifts and donations the department determines are in the public interest to accept as a result of an emergency, including both natural and manmade disasters. The executive director is authorized by the board to accept donations up to $250,000 in value so long as each such donation is acknowledged by the board within 30 days of the donation. Gifts and donations that exceed $250,000 in value must be approved by the board. Subsection (c)(4) requires all gifts be recorded in the board minutes along with the name of the donor, a description of the donation and a statement of the purpose of the donation. Donations must be found to further the department's mission or duties, provide significant public benefit and not influence or reasonably appear to influence the performance of duties by the department. Subsection (c)(6) requires execution of a donation agreement if the value of the donation exceeds $10,000, or if the department determines a donation agreement is necessary. Subsection (c)(7) delineates the information that is to be disclosed in the donation agreement.

Renée Mauzy, General Counsel for the department, has determined that for each year of the first five years the proposed amendments are in effect there will be no cost to state or local governments.

Ms. Mauzy has also determined that for each year of the first five years the proposed amendments are in effect the public will benefit from the public disclosure of each gift donated to the department for use during times of emergency. There are no anticipated economic costs to individuals or small businesses as a result of the amendments.

Comments on the proposed amendments to §201.9 may be submitted to Renée Mauzy, General Counsel, Texas Department of Information Resources, 300 West 15th Street, Suite 1300, Austin, Texas 78701, renee.mauzy@dir.state.tx.us for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed pursuant to Chapter 2255, Texas Government Code, which requires the adoption of rules governing the relationship between donors and the donee agency and its employees and §2054.052(a), Texas Government Code, which authorizes the department to adopt rules necessary to implement its responsibilities under the Information Resources Management Act.

Section 2054.052(g), Texas Government Code, is affected by this proposal.