Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 11 - CANCER PREVENTION AND RESEARCH INSTITUTE OF TEXAS
Chapter 702 - INSTITUTE STANDARDS ON ETHICS AND CONFLICTS, INCLUDING THE ACCEPTANCE OF GIFTS AND DONATIONS TO THE INSTITUTE
Section 702.7 - Acceptance of Gifts and Donations by the Institute
Universal Citation: 25 TX Admin Code ยง 702.7
Current through Reg. 49, No. 38; September 20, 2024
(a) As authorized by Texas Health and Safety Code § 102.054, the Institute may solicit and accept gifts from any source to support the operations of the Institute and to further its purposes; except that the Institute may not supplement the salary of any Institute Employee with a gift or grant received by the Institute.
(b) An Oversight Committee Member or an Institute Employee shall not authorize a donor to use the property of the Institute unless the property is used in accordance with a contract between the Institute and the donor, the contract is found by the Institute to serve a public purpose, the contract contains provisions to ensure the public purpose continues, and the Institute is reasonably compensated for the use of the property.
(c) Procedure for acceptance of gifts.
(1) Gifts to the
Institute may be designated for one of the following categories:
(A) Unrestricted General Support;
(B) Restricted Programmatic
Support;
(C) Endowed and Restricted
Funds; or
(D) Other (includes gifts
of real or personal property).
(2) Gifts of ten thousand dollars ($10,000)
or less may be accepted on behalf of the Institute by the Chief Executive
Officer.
(3) The Oversight
Committee by a majority vote may accept gifts of cash, stock, bonds, or
personal property with a value in excess of ten thousand dollars ($10,000),
gifts of real property regardless of value, and all other gifts not herein
described on behalf of the Institute.
(4) For gifts made to the Institute of cash,
stock, bonds, or personal property with a value in excess of one million
dollars, gifts of real property regardless of value, and all other gifts not
herein described, a report shall be created by the Chief Executive Officer for
the Oversight Committee that includes the following information:
(A) Name and biographical data regarding the
individual or organization making the gift;
(B) A description of the gift;
(C) A list of conditions or requirements to
be imposed on the Institute as a result of accepting the gift;
(D) If one of the conditions is naming, then
include a description of the object to be named and whether there is a time
limit on continuing the name;
(E)
If the gift is real property, an evaluation of the gift by the General Land
Office;
(F) If the gift is stock or
other investments, a description of how they will be sold and the expected net
proceeds; and
(G) A description of
how the gift will be used.
(5) All funds received from donations to the
Institute will be deposited to the state treasury and used for the purpose
specified by the donor or for general Institute programs when no purpose is
specified.
(d) The Institute encourages the offer of gifts of additional revenue and real and personal property through naming.
(1) Naming
can be given to both real objects and inanimate objects, such as Grant
Awards.
(2) The Oversight Committee
will consider a request for naming in connection with a gift of real or
personal property of substantial value to the Institute and its programs. In
determining whether a gift has substantial value, the Oversight Committee will
evaluate the following factors:
(A) The size
of the real or personal property in relation to other fund sources--including
bonds--available at the same time and consideration of whether the donation
will make a material contribution to the Institute's goals and programs that
otherwise would not be made;
(B)
Availability of the real or personal property; and
(C) The degree of flexibility and discretion
the Institute will have in the use of the real or personal property.
(3) The Oversight Committee must
approve the recommendation to name an object or program by a majority vote of
its members.
(e) The Oversight Committee may refuse a gift to the Institute for any reason, including:
(1) The gift requires an initial
and/or on-going expenditure that will likely equal or exceed the value of the
gift.
(2) The gift is from an
institution, entity, or organization, or a director, officer, or an executive
of an institution, entity or organization that has applied for funding from the
Institute, or currently receives funding from the Institute, or the gift is
from a Senior Member or Key Personnel of the research or prevention program
team listed on a Grant Application or Grant Award.
(3) The Institute may return a gift made by
an institution, entity, organization, or individual that was otherwise eligible
to make the donation at the time that the gift was accepted by the Institute in
the event that the donor subsequently submits a Grant Application for funding
from the Institute within the fiscal year of the donation.
(4) For purposes of this section, the
limitation on gifts does not apply to a donation made as the result of the
final bequeathal.
(f) The Institute shall report information pertaining to gifts, grants, or other consideration provided to the Institute, an Institute Employee, or a member of an Institute committee, subject to the requirements in this subsection.
(1) The information shall be posted on the
Institute's Internet website.
(2)
The information to be posted shall include the donor's name, the date of the
donor's donation, and the amount of the donor's donation.
(3) The reporting requirement applies to all
gifts, grants, or other consideration provided to the Institute except that
individual conference registration fees for a conference hosted by the
Institute and paid to the Institute by conference attendees shall not be
treated as consideration for purposes of the reporting requirement. The total
amount received for conference registration fees may be reported.
(4) The reporting requirement applies to all
gifts, grants, or other consideration given to a Oversight Committee Member,
Institute Employee, or Program Integration Committee Member except that the
following items are not considered gifts, grants or consideration subject to
the reporting requirement:
(A) Books,
pamphlets, articles, or other similar materials that contain information
directly related to the job duties of an Oversight Committee Member, Institute
Employee, or Program Integration Committee Member and that are accepted by the
individual on behalf of Institute for use in performing the individual's job
duties.
(B) A gift or other benefit
conferred on account of kinship or a personal, professional, or business
relationship independent of the official status of the recipient so long as:
(i) The personal friend or a Relative of the
personal friend is not an employee of an entity receiving or applying to
receive money from the Institute; and
(ii) The individual subject to this provision
has no reason to believe that the item or consideration is being offered
through an intermediary in an attempt to evade reporting
requirements.
(C) Items
with a value of less than $50, excluding cash or a negotiable instrument
described by §
3.104,
Business and Commerce Code.
(5) The reporting requirement applies only to
the gifts, grants, or other consideration given to a Scientific Research and
Prevention Programs Committee Member by a Grant Applicant or Grant Recipient
during the period that the Member is appointed except that the following items
are not considered gifts, grants or consideration subject to the reporting
requirement:
(A) Books, pamphlets, articles,
or other similar materials that contain information directly related to the job
duties of the Scientific Research and Prevention Programs Committee Member and
that are accepted by the individual for use in performing the individual's job
duties.
(B) Items with a value of
less than $50, excluding cash or a negotiable instrument as described by §
3.104,
Business and Commerce Code.
(6) The reporting requirement applies to a
member of an Advisory Committee of the Institute only to the extent that the
individual participates in the Grant Review Process.
(A) A gift or other benefit conferred on
account of kinship or personal, professional, or business relationship
independent of the official status of the recipient so long as:
(i) The personal friend or a Relative of the
personal friend is not an employee of an entity receiving or applying to
receive money from the Institute; and
(ii) The individual subject to this provision
has no reason to believe that the item or consideration is being offered
through an intermediary in an attempt to evade reporting
requirements.
(B) If the
individual participates in the Grant Review Process, then the individual must
report gifts, grants, or other consideration given to the Advisory Committee
member by a Grant Applicant or Grant Recipient during the period that the
Advisory Committee member participates in the Grant Review Process except that
the following items are not considered gifts, grants or consideration subject
to the reporting requirement:
(i) Books,
pamphlets, articles, or other similar materials that contain information
directly related to the job duties of the Advisory Committee member and that
are accepted by the individual for use in performing the individual's job
duties.
(ii) Items with a value of
less than $50, excluding cash or a negotiable instrument as described by §
3.104,
Business and Commerce Code.
(C) For purposes of this subsection,
participation in the Grant Review Process by an Advisory Committee member does
not include submitting a Grant Application or receiving a Grant
Award.
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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