(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.

Source Note: The provisions of this §111.23 adopted to be effective February 22, 1991, 16 TexReg 772; amended to be effective November 12, 1991, 16 TexReg 6129; amended to be effective April 12, 1994, 19 TexReg 2197; amended to be effective April 30, 2000, 25 TexReg 3528; amended to be effective July 1, 2012, 37 TexReg 4891