(a) Purpose. The purpose of this section is to establish standards of conduct to govern the relationships between the department, its officers and employees, and private organizations or donors in accordance with Texas Government Code, §2255.001.
(b) Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Donor--An individual or organization that gives or offers to give nonpublic gifts or donations, in whatever form, to the department.
  (2) Private organization--A private organization designed or operated to further the purposes and duties of the department.
(c) Administration of donations.
  (1) Any funds received by the department as donations will be deposited in the state treasury.
  (2) Any funds received by a private organization as donations for the benefit of the department shall be administered by the private organization in a manner that best serves the interests of the department. Any income from the investment of such funds shall also accrue to the benefit of the department.
  (3) All donations, in whatever form, will be used for the purpose specified by the donor, or for general departmental programs if no purpose is specified.
(d) Standards of conduct. Acceptance of donations by the department, its officers, and employees may not result in an officer or employee's monetary enrichment. Acceptance must comply with department policy and procedures, and statutory requirements, including Texas Government Code, Chapter 572, Subchapter C; Texas Government Code, Chapter 575; and Texas Government Code, §659.0201.
(e) Service by officers and employees. An officer or employee of the department who also serves as an officer or director of a private organization or donor shall not vote on or otherwise participate in any measure, proposal, or decision pending before the private organization or donor if the department might reasonably be expected to have an interest in such measure, proposal, or decision.
(f) Use of employees or property. The department, its officers, and employees shall not authorize a private organization or donor to use the employees or property of the department unless the use is in accordance with a contract between the department and the private organization or donor, or the department is otherwise compensated for the use.

Source Note: The provisions of this §1.81 adopted to be effective February 2, 1994, 19 TexReg 495; amended to be effective January 11, 2023, 48 TexReg 35