43 Tex. Admin. Code § 1.504 - Donation Agreement

(a) Agreement. The donor and the department must execute a donation agreement if the donation involves real estate, has an estimated value of more than $1,500, or it is necessary to:

(1) warrant or indemnify the department as to ownership;

(2) prevent possible claims that could result from the use of the property; or

(3) document conditions of the gift.

(b) Content. The agreement shall include:

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

(2) a statement by the donor attesting to its ownership rights in the property;

(3) any conditions restricting the use of the donation;

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

(5) a statement identifying the official relationship between the donor and the department;

(6) a statement advising the donor that the department neither approves nor is responsible for any representations by the donor for tax purposes; and

(7) the signature of the donor if the donor is an individual or its official representative if the donor is an entity other than an individual;

(8) relocation benefits, if any; and

(9) the signature of the executive director.

(c) Public information. A donation agreement entered into in accordance with this subsection is public information.

Notes

43 Tex. Admin. Code § 1.504

The provisions of this §1.504 adopted to be effective April 1, 1997, 22 TexReg 2625; amended to be effective September 23, 1997, 22 TexReg 9259; amended to be effective November 21, 2002, 27 TexReg 10753