22 Tex. Admin. Code § 182.4 - Authority for the Program to Accept Gifts, Grants, and Donations

(a) This subsection is set forth pursuant to §167.013 of the Act, which allows the Governing Board to receive a donation for the program.

(b) Texas Government Code, Chapter 572, governs the standards of conduct between the Governing Board, program, and donors.

(c) The Governing Board may not accept donations from individual applicants for a license or licensees under the Texas Medical Board's jurisdiction.

(d) In order for donations to be considered by the Governing Board:

(1) the donor must complete a form required by the Governing Board providing information including a description of the donation, the purpose, and any restrictions;

(2) the donation's purpose may not be for the funding of employee positions or services; and

(3) the donation must be considered in an open meeting by a majority of the members of the Governing Board and, if accepted, reported in the minutes including the name of the donor, and the purpose and a description of the donation.

(e) Following acceptance of the donation by the Governing Board, the donor and the program shall execute a donation agreement, which includes:

(1) a description of the donation, including a statement of the value;

(2) a statement by the donor attesting to the donor's ownership rights in the donation and the donor's authority to make the donation;

(3) a signature of the donor or designee;

(4) a signature of the program designee;

(5) restrictions on the use of the donations, if any;

(6) the mailing address of the donor and principal place of business if the donor is a business entity;

(7) a statement identifying any official relationship between the donor and the program; and

(8) a statement advising the donor the lack of tax-deductible status and to seek legal and/or tax advice from its own legal counsel.

(f) Monetary donations will be deposited and disbursed in accordance with the General Appropriations Act and for the purpose specified by the donor, and in accordance with any local, state, and federal laws. In no event will donations be used for purposes not within the program's statutory authority.

(g) Conflict of Laws. These rules shall not conflict with a requirement of a statute regulating the conduct of an officer or employee of the program or the procedures of the program. In the event there appears to be a conflict between these rules and a state statute, the state statute controls.

Notes

22 Tex. Admin. Code § 182.4

Adopted by Texas Register, Volume 50, Number 02, January 10, 2025, TexReg 0378, eff. 1/9/2025