Texas Administrative Code
Title 13 - CULTURAL RESOURCES
Part 7 - STATE PRESERVATION BOARD
Chapter 111 - RULES AND REGULATIONS OF THE BOARD
Section 111.23 - Fund-Raising Policy
Universal Citation: 13 TX Admin Code ยง 111.23
Current through Reg. 49, No. 38; September 20, 2024
(a) Procedures for solicitation and acceptance of contributions of funds and securities by entities other than the State Preservation Board on behalf of the board to benefit the buildings, programs and grounds under State Preservation Board authority.
(1) Purpose. To provide guidelines
and establish standards of procedure for the solicitation and acceptance of
contributions of funds and securities to the State Preservation
Board.
(2) Procedure.
(A) All proposals for solicitation and
contributions of money by entities other than the State Preservation Board must
be submitted in writing to the office of the State Preservation Board for
review. Approval will be deferred pending submittal of all required
documentation and proper review.
(B) Letters or proposals concerning
solicitations and/or contributions shall be reviewed, along with any pertinent
legal documents and forms by the office of the State Preservation Board, legal
counsel for the State Preservation Board, and any additional advisors
considered appropriate to make recommendations for acceptance or denial.
Letters must include:
(i) names and addresses
of each individual, corporation, or organization (including officers and
directors), soliciting and contributing funds or securities, and a copy of the
group exemption letter showing compliance with Section 501(c)(3) of the
Internal Revenue Code for all nonprofit corporations;
(ii) amount of funds or securities to be
contributed;
(iii) source of funds
or description of method of obtaining funds;
(iv) date(s) funds will be donated or
securities transferred;
(v)
contributors may specify their donations be used for a particular item or
items, room renovation or conservation of a specific item(s). The costs will be
determined by the office of the State Preservation Board and submitted in
writing to the contributor. With prior approval by the executive director of
the State Preservation Board, contributors may donate to the following
categories:
(I) general
preservation;
(II) antique and
reproduction period furnishings;
(III) Capitol collection art acquisition and
conservation;
(IV) preservation of
the historical Capitol grounds;
(V)
educational programming;
(VI) The
Bob Texas State History Museum;
(VII) other projects approved by the
board;
(vi) current
financial statement or annual report.
(C) Contributions will not be accepted if:
(i) the method of solicitation or the source
of funds is determined by the office of the State Preservation Board to be
inappropriate for contributions benefiting the Capitol or Museum;
(ii) administrative costs of solicitation
effort exceed 25% of total budget;
(iii) the name of the agency project is used
in acquiring funds without written approval from the executive director of the
State Preservation Board;
(iv) all
required documentation is not received by the executive director of the State
Preservation Board or is not in compliance with City of Austin, state, or
federal regulations.
(b) Acceptance of funds from events.
(1) Proposals from organizers of events must
be submitted in writing 60 days prior to the event.
(2) All event proposals must include:
(A) event name, purpose, description,
location, and participants;
(B)
names and addresses of all sponsoring individual(s), corporations, or
organizations;
(C) proposed
itemized budget;
(D) amount of
guaranteed minimum donation.
(3) Prior to approval of an event using the
agency project name, a memorandum of agreement must be negotiated between the
State Preservation Board, signed by the executive director, and the organizers
of the event. The agreement must include:
(A)
amount of guaranteed minimum donation;
(B) a time limit, not to exceed 120 days from
the execution of the memorandum of agreement, for funds to be received by the
office of the State Preservation Board;
(C) authorization by organizers for the
office of the State Preservation Board to audit books of event;
(D) authorization for the office of the State
Preservation Board to approve all printed materials pertaining to the event
prior to their publication and distribution;
(E) proof of sufficient insurance coverage
for event by the organizers;
(F)
requirement for written notification of cancellation or modification of event
to be submitted in writing to the office of the State Preservation Board 30
days prior to scheduled date of the event.
(c) Other provisions.
(1) The office of the State Preservation
Board may require any additional documentation considered appropriate to
determine the acceptance of funds or securities from an individual(s),
corporation, or organization.
(2)
The State of Texas, State Preservation Board, or the employees of the State
Preservation Board shall not be held liable for any expenses incurred from a
solicitation effort benefiting the agency project by an individual(s),
corporation, or organization.
(d) Acknowledgments. All contributions of money may be acknowledged by the following: a letter from the office of the State Preservation Board stating the amount of donation, date of the donation, and its specified category or purpose and a State Preservation Board appreciation certificate.
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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