1. (a) Unless specifically authorized by law, no officer or employee of the department shall accept remunerations from or serve as an officer, director, employee, or agent of a closely related nonprofit organization or donor. This provision does not prevent officers or employees of the department from serving as officers or directors of closely related nonprofit organizations when a condition of membership in the organization is current employment or status as an official of the department or prevent designated staff from serving as a non-voting and uncompensated board member when such service is part of that person's job description. This provision does not prohibit the administration by the department of a bona fide employee awards program.
2. (b) No officer or employee of the department shall act as the agent for any closely related nonprofit organization or donor in the negotiation of the terms or conditions of any agreement relating to the provision of funds, services, or property to the department by such closely related nonprofit organization or donor.
3. (c) The utilization of equipment, facilities, or services of employees and officers of the department by a closely related nonprofit organization or donor shall be permitted only in accordance with a negotiated agreement that provides for the payment of adequate compensation for such equipment, facilities, or services.

Source Note:The provisions of this §51.163 adopted to be effective December 31, 1996, 21 TexReg 12305.