Presenter: Jayna Burgdorf, Lydia Saldaña

Commission Agenda Item No. 15
Action
Acceptance of Gifts
January 1998

I. Discussion: Senate Bill 145 passed by the Seventy-fifth Legislature gives some very specific direction to state agencies regarding the acceptance of gifts. The Act provides that all gifts of money or property with a value of $500 or more must be accepted by the Commission in an open meeting. The Act further states that the name of the donor, a description of the gift, and a statement of the purpose of the gift must be recorded in the minutes. Staff would propose to present a consent agenda at each Commission meeting with an attached listing as shown at Exhibit A of gifts received since the last approval action.

Exhibit B is a copy of Administrative Code Section 51.164 regarding gifts to the Department. Staff published this proposed rule amendment in the Texas Register and received no comments.

II. Recommendation: The staff recommends the Parks and Wildlife Commission adopt the following motion:

"The Texas Parks and Wildlife Commission accepts the gifts listed on Exhibit A, orders Exhibit A to be included in the official minutes of this meeting, and adopts the proposed amendment to 31 TAC §51.164 as shown in Exhibit B."

Attachments - 3

1. Exhibit A - Gift List
2. Exhibit B - Rule, 31 TAC §51.164
3. Exhibit C - Fiscal Note

(Exhibits A and C are available upon request.)

Commission Agenda Item No. 15
Exhibit B

§51.164 Gifts to the Department.

(a) Gifts of money or property $500 or more in value must be accepted contingent on Commission approval. The department may not accept or receive gifts or bequests from any source until such gifts or bequests have been approved for acceptance by the executive director or his delegate Acceptance of gifts is hereby delegated as follows.

(1) Gifts or improvement valued at $499.99 [$1,000] or less and intended to aid a specific division or facility of the department may be approved for acceptance by the manager of the facility affected by the gift or other employees designated by the executive director.

(2) Gifts or improvements valued at greater than $499.99 [$1,000] and less than or equal to $5,000 may be contingently accepted [approved for acceptance] by the division director responsible for the facility affected by the gift or use of the gift.

(3) Gifts or improvement valued at greater than $5,000 and all gifts or real property or interests in real property must be contingently accepted [approved for acceptance] by the executive director.

(b) The department may not accept a proposed improvement unless it is consistent with the park or facility master plan or public use program.

(c) Neither a donor nor a closely related nonprofit organization may accept real property on behalf of the department unless previously approved by the executive director.