SECTION 3.9304. Limitations on Offerees and Donors

(a) Prior to executing the donation agreement described by §3.9306 of this subchapter (relating to Procedures for Acceptance of Donations), an offeree seeking to contract with the department shall:

(1) notify the department, in a form acceptable to the department, that the offeree is seeking to contract with the department; and

(2) disclose all previous donations made to the department or any other state agency within the preceding two years. The disclosure shall be in a form acceptable to the department and shall include the nature and value of the donation and the date the donation was made. If the donation is ongoing, the date of the donation shall be the last date the donation was delivered to the department or other state agency.

(b) An offeree who has submitted a bid response to the department may not make a donation from the date the offeree submits the bid response until a date subsequent to the award of the bid, as paragraphs (1) and (2) of this subsection specify.

(1) If the department awards the bid to the offeree, one year after the award of the bid; or

(2) if the department does not award the bid to the offeree, the 90th day after the award of the bid.

(c) A donor who has made a donation to the department may not submit a bid response to the department for a period of one year following the date the donation agreement was executed by the donor and the commissioner or by the donor and the commissioner's designee.

Source Note: The provisions of this §3.9304 adopted to be effective December 27, 2006, 31 TexReg 10307