40 Tex. Admin. Code § 800.9 - Donations
(a) Purpose. The
purpose of this section is to establish rules for the acceptance of donations
made to the Commission.
(b) General
Authority to Accept Donations. Texas Labor Code §
301.021 allows the
Commission to accept a donation of services or money that it determines
furthers the lawful objectives of the Commission.
(c) General Prohibitions Regarding Donations.
(1) Texas Labor Code §
301.021(b) and
(c) identify entities that the Commission is
not authorized to accept donations from; and
(2) Texas Government Code §
575.005 states that
the Commission is not authorized to accept donations from entities in contested
cases.
(d) Analysis of
Offered Donations. The Agency, prior to the Commission's consideration of a
donation, shall perform an inquiry and analysis to determine if there is a
detrimental effect to accepting the donation. Texas Government Code §
551.073 allows the
Commission to hold a closed meeting regarding an identified detrimental effect
as determined by the Agency.
(e)
Acceptance of Donations. Acceptance of donations by the Commission on behalf of
the Agency shall:
(1) be in an open meeting
by a majority of the voting members of the Commission;
(2) be reported in the public records of the
Commission and include the name of the donor, and the purpose and a description
of the donation;
(3) be in the form
of monetary or in-kind assets; and
(4) have a minimum value of
$500.00.
(f) Donation
Agreement. Following acceptance of the donation by the Commission, the donor
and the Agency shall execute a donation agreement, which includes:
(1) description of the donation, including a
statement of the value;
(2)
statement by the donor attesting to the donor's ownership rights in the
donation and the donor's authority to make the donation;
(3) signature of the donor or
designee;
(4) signature of the
Agency designee;
(5) restrictions
on the use of the donations, if any, agreed to by the donor and
Commission;
(6) mailing address of
the donor and principal place of business if the donor is a business
entity;
(7) statement identifying
any official relationship between the donor and the Agency; and
(8) statement advising the donor to seek
legal and/or tax advice from its own legal counsel.
(g) Administration of Donations. The Agency
shall:
(1) deposit monetary donations to the
credit of the Texas Workforce Commission account of the state General Revenue
Fund;
(2) disburse monetary
donations at the Agency's direction. All monetary gifts are automatically
appropriated to the Commission in accordance with the General Appropriations
Act; and
(3) use the donations for
the purpose specified by the donor, to the extent possible, and in accordance
with any local, state, and federal laws. In no event shall donations be used
for purposes not within the Agency's statutory authority.
(h) Texas Government Code, Chapter 572,
governs the standards of conduct between the Agency and donors.
(i) Public Records.
(1) Documents and other information
pertaining to the official business of the Commission are public information
and are subject to the Texas Public Information Act (Texas Government Code,
Chapter 552).
(2) If the Commission
determines an exception to the Texas Public Information Act is applicable, it
may seek a determination from the Attorney General of Texas regarding the
confidentiality of information relating to a donation before releasing the
requested information.
(j) Conflict of Laws. These rules shall not
conflict with a requirement of a statute regulating the conduct of an officer
or employee of a state agency or the procedures of the Agency. In the event
that there appears to be a conflict between these rules and a state statute,
the state statute controls.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.