1. (a) Acceptance of a gift or donation made to the department under this subchapter must be approved by order of the commission, except that a gift or donation valued under $1,500 may be accepted with the approval of the executive director.

2. (b) Except as provided in subsection (c) of this section, the commission or the department may accept a gift or donation if it determines that:

   1. (1) the gift or donation will further the department's responsibilities;
   2. (2) the donor is not a party to a contested case before the department, unless the decision in the case became final under Government Code, §2001.144, at least 30 days prior to the donation; and
   3. (3) the donor is not subject to department regulation or oversight, or interested in or likely to become interested in any contract, purchase, payment, or claim with or against the department.

3. (c) The commission or the department may approve the acceptance of a gift or donation notwithstanding subsection (b)(3) of this section if it determines that acceptance:

   1. (1) would provide a significant public benefit; and
   2. (2) would not influence or reasonably appear to influence the department in the performance of its duties.
4. (d) A donation of $1,500 or more for reimbursement for an employee's travel for the purpose of being a speaker at a conference may be accepted with the approval of the executive director.
5. (e) If the executive director approves the acceptance of a gift or donation valued at $500 or more under subsection (a) or (d) of this section, the acceptance must be acknowledged by the commission not later than the 60th day after the date the donation is accepted.

Source Note:The provisions of this §1.503 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; amended to be effective December 9, 2004, 29 TexReg 11370.