Miscellaneous Expenditures
Gifts to State Agencies

A state agency may accept a gift with a value of $500 or more only if:

• The agency has the authority to accept the gift.
• A majority of the agency’s governing board (if applicable) acknowledges the acceptance of the gift in an open meeting not later than the 90th day after the date the gift is accepted.

The agency must record the name of the donor, a description of the gift and a statement of the purpose of the gift in:

• The minutes of the governing board of the agency.
• Appropriate agency records, if the agency does not have a governing board.

A state agency may not accept a gift from a person who is a party to a contested case before the agency until the 30th day after the date the decision in the case becomes final.

Definitions:

Contested Case

A proceeding, including a ratemaking or licensing proceeding, in which the legal rights, duties, or privileges of a party are to be determined by a state agency after an opportunity for adjudicative hearing.

Gift

A donation of money or property.

State agency

A board, commission, council, committee, department, office, agency or other governmental entity in the executive or judicial branch of state government. The term does not include an institution of higher education as defined by Texas Education Code Section 61.003.

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