SECTION 286.11. Grants and Donations to the Council

(a) General provisions.

(1) Purpose. The purpose of this section is to establish procedures for the acceptance of grants and donations made to the council and to create standards of conduct to govern the relationship between the council and the donor.

(2) All donations will be accepted on behalf of the council, by vote of the council. No officer or other council representative can accept donations in the person's individual capacity.

(3) The donor and the council shall execute a donation agreement which includes the following information:

(A) a description of the donation, including a statement of the value;

(B) a statement by the donor attesting to its ownership rights in the donation and its authority to make the donation;

(C) the signature of the donor or its official representative;

(D) the signature of the council chair or other person who the council has authorized to execute the donation agreement;

(E) any conditions restricting the use of the donations if the donor imposes restrictions and if these restrictions are agreed to by the council;

(F) the mailing address of the donor and principal place of business if the donor is a business entity;

(G) a statement briefly describing any relationship between the donor and the council; and

(H) a statement advising the donor to seek legal and/or tax advice from its own legal counsel.

(4) The chair shall submit all proposed donations received for the council's consideration at the next regular meeting of the council.

(b) Administration of funds.

(1) Grants and donations shall be deposited to the credit of the On-Site Wastewater Treatment Research Council account of the general revenue appropriated fund and may be disbursed as the council directs and consistent with Texas Health and Safety Code, Chapter 367. All gifts of money are automatically appropriated to the council in accordance with the General Appropriations Act.

(2) Donations will be used for the purpose specified by the donor, as nearly as practicable, and in accordance with state, federal, and local law. In no event shall donations be used for purposes not within the council's statutory authority.

(c) Donations from individuals and/or entities receiving grant funds. The council shall adhere to all state ethics laws, regulations, and policies relating to the acceptance of gifts from persons appearing before and receiving funds from state agencies.

(d) Standards of conduct between the council and private donors.

(1) Standards of conduct of officers, members, and other council representatives are governed by the Texas Government Code, Chapter 572;

(2) A council member or other council representative shall not accept or solicit any gift, favor, or service from a donor that might reasonably tend to influence his official conduct or that the council member or other representative knows is being offered with the intent to influence official conduct;

(3) A council member or other council representative shall not accept employment or engage in any business or professional activity with a donor which the council member or other council representative might reasonably expect would require or induce him to disclose confidential information acquired by reason of his position, or which could reasonably be expected to impair the council member's independence of judgment in the performance of his/her official position;

(4) A member or other representative of the council shall not authorize a donor to use property of the council, unless the property is used in accordance with a specific provision of a contract between the council and the donor;

(5) A council member or representative shall not make personal investments in association with a donor which could reasonably be expected to create a substantial conflict between the representative's private interests and the interests of the council;

(6) A council member or representative shall not solicit, accept, or agree to accept any benefit for having exercised his or her official powers on behalf of a private donor for, or performed his or her official duties in favor of a donor;

(7) A council member or representative who serves as an officer, director or otherwise has policy direction over a donor shall not vote on or otherwise participate in any measure, proposal, or decision before the donor if the council might reasonably be expected to have an interest in such measure, proposal, or decision.

(8) Any person or entity seeking to contract with the council on a competitive bid basis or otherwise shall disclose all previous donations occurring within the previous two years to the council or any other state agency. The disclosure shall include the name of the recipient, the nature and value of the donation, and the date that the donation was made. If the donation is on-going or periodic in nature, the last date the donation was available to the council shall be used to determine the date of the donation.

(e) Public records. Documents and other information pertaining to the official business of the council is public information and may be subject to the Texas Public Information Act, Texas Government Code, Chapter 552. The council may seek a determination from the attorney general regarding the confidentiality of information relating to a donation before releasing the requested information if it is determined that an exception to the Texas Public Information Act is applicable.

(f) Conflict of laws. These rules shall not be interpreted or construed in a manner that conflicts with a requirement of a statute regulating the conduct of a state officer of state employee. In the event of a conflict between these rules and a statute, the statute controls.

Source Note: The provisions of this §286.11 adopted to be effective January 24, 2010, 35 TexReg 499