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 $500 may be approved by the executive director.

2. (b) Except as provided in subsection (c) of this section, the department may accept a gift or donation upon a determination 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 until the 30th day after the date the decision in the case becomes final under Government Code, §2001.144; 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 may approve the acceptance of a gift or donation notwithstanding subsection (b)(3) of this section if it determines 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.

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.