(a) The Texas Higher Education Foundation is designated as the official nonprofit partner of the Board.
(b) The Chair of the Board and the Board of Trustees of the Texas Higher Education Foundation may cooperatively appoint a board of trustees for the organization, subject to the following requirements:
  (1) The Commissioner shall serve as an ex officio trustee with no vote;
  (2) Board employees may serve as an ex officio, non-voting trustee, provided there is no conflict of interest in accordance with all federal and state laws and Board policies. This provision applies to the employee's spouse and children; and
  (3) Members of the Board may serve on the Board of Trustees of the Texas Higher Education Foundation, but such members will not comprise a majority of the Board of Trustees.
(c) The Board shall review its relationship with the Texas Higher Education Foundation on a schedule to be established by the Board, but not less than once every 10 years.
(d) The Texas Higher Education Foundation may not expend funds for the purpose of influencing legislative action, either directly or indirectly.

Source Note: The provisions of this §1.82 adopted to be effective May 18, 2023, 48 TexReg 2489