The Texas Department of Information Resources (department) adopts amended 1 TAC §201.9, concerning board policies. The amended rule includes subsection (c) which 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 rule is adopted without change to the proposed text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4406).

New subsection (c) 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 thirty 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.

No comments were received in response to publication of the proposed amendment of the rule.

The rule is adopted under 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 amendment.