Texas Administrative Code
Title 13 - CULTURAL RESOURCES
Part 2 - TEXAS HISTORICAL COMMISSION
Chapter 11 - ADMINISTRATION DEPARTMENT
Subchapter A - ADMINISTRATION
Section 11.9 - Donations and Relationship with Affiliated Non-Profit Organizations
Universal Citation: 13 TX Admin Code § 11.9
Current through Reg. 50, No. 13; March 28, 2025
(a) Donations
(1) All funds received from donations to the
commission will be deposited in the state treasury and used for the purpose
specified by the donor, or for general commission programs when no purpose is
specified.
(2) Donations to the
commission will not be used for supplementation of salary of any employee of
the commission.
(3) The commission
will not accept donations from organizations or individuals administering
grants from the commission or which have projects undergoing review by the
commission.
(4) Donations other
than money may be accepted at the discretion of the commission.
(b) Relationship with Affiliated Non-Profit Organization
(1) The commission is
authorized to participate in the establishment and operation of an affiliated
nonprofit organization whose purpose is to raise funds for or provide services
or other benefits to the commission by Texas Government Code §
442.005
(p).
(2) The commission, by vote of
the commission in a duly posted meeting, may authorize the establishment of a
contractual relationship with a non-profit organization for any purpose
authorized by law and in compliance with this section.
(3) The contract or other agreement with the
affiliated non-profit organization shall set out fully the relationship between
the commission and the affiliated non-profit organization, and shall meet the
following requirements:
(A) Administration and
investment of funds received by the organization for the benefit of the
commission.
(i) All records of the affiliated
non-profit organization shall be available for inspection or audit by the
commission or its designee.
(ii) A
representative of the affiliated non-profit organization shall regularly report
to the commission on the operations of the affiliated non-profit
organization.
(iii) Funds or other
assets of the affiliated non-profit organization shall be administered and
invested in a manner to be provided in the contract or other agreement. At a
minimum, funds received by the affiliated non-profit organization shall be
handled as follows:
(I) Funds shall be placed
in an account at a financial institution within ten business days of
receipt.
(II) Funds shall be placed
in an interest-bearing or other investment account in accordance with the
investment policy of the affiliated nonprofit organization.
(III) Funds shall be used only to support
approved projects of the commission or to pay administrative expenses of an
affiliated non-profit organization.
(IV) Employees of the commission shall not be
signatories on accounts of an affiliated non-profit organization.
(B) Use of an employee
or property of the agency by the affiliated non-profit organization.
(i) Staff of the commission may assist in the
operation of the affiliated non-profit organization during regular work hours
only with the written approval of the executive director.
(ii) Staff involved in regulatory functions
of the commission shall not participate in the management of the affiliated
non-profit organization except on a case-by-case basis with the written
approval of the executive director. All staff involved in the development of
grant proposals may provide subject-matter expertise for the grant proposals,
including, with the written approval of the executive director, participating
in the presentation of grant proposals to potential donors.
(iii) Property of the commission may be used
in support of an affiliated non-profit organization so long as the use serves a
public purpose and is within the limitations of this section and any contract
or agreement between the commission and the affiliated non-profit organization.
Any state property entrusted to the affiliated non-profit organization must
remain on the inventory of the commission and be properly accounted for in
accordance with state agency requirements.
(iv) The commission may provide office space,
pay utilities, and pay other expenses of an affiliated non-profit organization
as long as any such expense serves a public purpose and is within the
limitations of this section and any contract or agreement between the
commission and the affiliated non-profit organization.
(4) Prohibitions in relationship
with affiliated non-profit organization.
(A)
An employee of the commission may not also serve as an employee, elected
officer or director of an affiliated non-profit organization. An employee of
the commission may serve as an ex officio, non-voting director of an affiliated
non-profit organization.
(B) A
commissioner or employee of the commission shall not receive monetary
enrichment from the affiliated non-profit organization except with the approval
of the executive director, or, in the case of the executive director or a
commissioner, with the approval of the commission.
(5) The commission may recommend or nominate
individuals to serve as officers, directors, or employees of an affiliated
non-profit organization.
(6) The
commission shall have a formal liaison committee or other, similar group to
monitor the operation of an affiliated non-profit organization.
(7) An affiliated non-profit organization
will not knowingly accept donations from organizations or individuals
administering grants from the commission or which have contracts with the
commission. Should such a donation be accepted, it shall be returned upon
discovery of such a relationship.
(8) An affiliated non-profit organization may
not expend funds for the purpose of influencing legislative action, either
directly or indirectly.
(9) The
commission shall review its relationship with an affiliated non-profit
organization on a schedule to be established by the commission, but not less
than once every 10 years.
(c) The provisions of this rule shall not apply to non-profit organizations created for the support of individual state historic sites. Such organizations are subject to regulation in § 16.7 of this title (relating to Friends Organizations).
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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