(a) Acceptance of a gift or donation made to the department under this subchapter must be approved by the executive director. If the gift or donation has a value of $500 or more, it must be acknowledged by order of the commission not later than the 90th day after the date the donation is accepted by the department.
(b) Except as provided in subsection (c) of this section, the executive director may approve acceptance of a gift or donation if the executive director determines that:
  (1) the gift or donation will further the department's responsibilities;
  (2) the donor is not a party to a contested case before the department, unless the decision in the case became final under Government Code, §2001.144, at least 30 days prior to the donation; and
  (3) the donor is not subject to department regulation or oversight, or interested in or likely to become interested in any contract, purchase, payment, or claim with or against the department.
(c) The executive director may approve the acceptance of a gift or donation notwithstanding subsection (b)(3) of this section if the executive director determines that acceptance:
  (1) would provide a significant public benefit; and
  (2) would not influence or reasonably appear to influence the department in the performance of its duties.

Source Note: The provisions of this §1.503 adopted to be effective April 1, 1997, 22 TexReg 2625; amended to be effective September 23, 1997, 22 TexReg 9259; amended to be effective November 21, 2002, 27 TexReg 10753; amended to be effective December 9, 2004, 29 TexReg 11370; amended to be effective February 20, 2014, 39 TexReg 998