Current through Reg. 50, No. 13; March 28, 2025
(a) A for-profit entity will not be
designated as an OCS:
(1) if there is a
reasonable possibility of a conflict of interest between the Commission and the
business entity, or if the designation would create the appearance of a
conflict of interest. Business entities that have contracts with the
Commission, recipients of Commission grants or who have business under review
by the Commission are considered to have a conflict of interest with the
Commission for OCS purposes;
(2) if
the affiliation of the Commission with the business entity would undermine the
reputation, credibility or integrity of the Commission in the judgment of the
Commission; or
(3) if the business
entity's mission or purpose conflicts with the mission and goals of the
Commission.
(b) An
entity shall not be considered an OCS until it has been designated as an OCS in
a sponsorship contract signed by the executive director or his
designee.
(c) OCSs may be selected
through a competitive process or by direct negotiation. The Friends of the
Texas Historical Commission is the recognized fund-raising organization of the
Texas Historical Commission. Potential sponsors should contact the Friends to
learn the details of how to become an OCS.
(d) The Commission's process for selecting
and designating OCSs shall take into consideration:
(1) the availability of other possible OCSs
for the agency, program, project or site;
(2) the amount and nature of support being
offered, and the needs of the site or program;
(3) the amount of support being offered in
proportion to the value of the consideration and other benefits provided by the
Commission; and
(4) the level of
compatibility of the entity's products, business and mission with the
Commission's mission and goals.
(e) The Commission may designate one
exclusive OCS for the agency, and exclusive or multiple OCSs within a business
category.
(f) The Commission may
establish minimum criteria that must be met by an entity to be considered for
designation as an OCS. Such criteria may include, but are not limited to the
following:
(1) a minimum amount of the
contribution in cash, goods, and/or services to be provided by the
OCS;
(2) the extent of the entity's
geographic presence in the state;
(3) the ability of the entity to engage in
joint promotional campaigns and/or cooperative ventures utilizing technology
and/or systems belonging to the entity;
(4) authorization to conduct business in the
state of Texas and being in good standing with the appropriate regulatory and
taxing authorities of the state of Texas; and
(5) specific kinds of businesses that are not
appropriate for affiliation with the Commission.
(g) The designation of an OCS shall be for a
specified period of time, and no longer than five (5) years.
(h) The designation of an OCS shall not
constitute an endorsement by the Commission of the OCS or the OCS's products
and/or services.
(i)
Notwithstanding the designation of an entity as an OCS and unless otherwise
expressly agreed by the Commission in writing:
(1) the Commission and an OCS are independent
entities and are not agents, partners, joint venture participants or otherwise
responsible for the acts, omissions, or conduct of the other party;
and
(2) the legal relationship of
the Commission and an OCS shall be defined by contract and shall not be
considered a "partnership" and neither the Commission nor an OCS shall be
considered a "partner" of the other as those terms are defined and used in the
Texas Business Organizations Code.
(j) Donations from OCSs under a sponsorship
agreement may be made to an affiliated non-profit entity for the benefit of the
Commission.
