1. (a) All ANOs must comply with the requirements of this subsection regarding fundraising.

   1. (1) ANOs may conduct fundraising to provide additional funds for commission operations, to enhance commission programs, to provide long-term endowments for commission programs, to facilitate special projects, or otherwise support the commission in carrying out its mission, but only as agreed in writing by the commission in advance.
   2. (2) ANOs may undertake programs for the benefit of the commission, so long as such programs are related to and supportive of the commission's mission and are agreed to in writing by the commission in advance. A single agreement may cover multiple programs.
   3. (3) ANOs shall decline donations that require actions, including recognition, by the commission for which the commission has not given prior written consent.
   4. (4) Funds accepted by an ANO for the benefit of the commission are to be managed as a reasonably prudent person would manage funds if acting on his or her own behalf and such funds are to be accounted for according to Generally Accepted Accounting Principles (GAAP).
   5. (5) All projects undertaken for the commission by an ANO must be related to and supportive of the facility, property, or program with which an ANO is associated or must further the ANO's mission related to the facility, property or program.
   6. (6) All donations to an ANO must benefit the commission or the facility, property, or program with which the ANO is associated or must further the ANO's mission related to the facility, property, or program.
   7. (7) For purposes of this subsection, a donation for the purpose of defraying the ANO's operating costs furthers the ANO's mission related to the facility, property, or program.
   8. (8) ANOs shall adopt procedures that address acceptance and granting of funds raised to benefit projects and/or programs of the commission.
2. (b) Nothing in this subchapter shall limit the ability of an ANO to make an unrestricted cash donation to the commission. Such a donation may also be made for a specific purpose or program in furtherance of the commission's mission.
3. (c) ANOs may work together towards a common fundraising goal for the benefit of the commission, consistent with the requirements of this subchapter.

Source Note:The provisions of this §11.65 adopted to be effective December 4, 2025, 50 TexReg 7697.