(a) The Commission may accept gifts, grants, or donations from an individual, a foundation, corporation, estate, or other legal entity.
(b) The acceptance of all gifts, grants, or donations is subject to the final approval of the Commission.
  (1) A list of all gifts, grants, or donations received by the Commission since the previous Commission meeting will be placed on the Commission agenda for approval.
  (2) Supporting documentation describing each gift, grant, or donation will be provided to the Commission.
  (3) Gifts, grants, or donations requiring matching funds will only be accepted to support activities for which the Commission has a corresponding legislative appropriation authority.
  (4) Gifts, grants, or donations are required to be publicly acknowledged and may not be made on an anonymous basis.
  (5) Gifts, grants, and donations may be made to the Commission's Operating Fund (0334) or to the Texas Cultural Endowment Fund.
(c) Restricted Gifts.
  (1) Restricted gifts are those gifts that are required by the donor to be used for a specific purpose, program, or function.
  (2) The Commission recognizes the importance of accepting restricted gifts. Restricted gifts provide the opportunity for a donor and the state to realize immediate benefits from a contribution toward the fulfillment of the Commission's mission of developing a receptive climate for the arts. The Commission will consider each gift on a case by case basis.
  (3) Restrictions on gifts must be consistent with the mission, purpose, legal authority, and goals of the Commission.
  (4) Restricted gifts may be given for the following purposes:
    (A) Further the Commission's established grant programs;
    (B) Further the Young Masters program;
    (C) Further arts education initiatives;
    (D) Further art opportunities to a broad segment of the state's underserved population;
    (E) Support a geographic area of the state; or
    (F) Support a particular artistic discipline or genre.
    (G) Any other purpose authorized by law.
  (5) Any organization receiving a grant/contract as a result of a restricted gift must provide evidence of sound administrative and fiscal management practices, comply with the Commission's general eligibility rules and guidelines, and meet the requirements of the restrictions placed on the gift by the donor.
  (6) Any organization receiving a grant/contract as a result of a restricted donation must provide acknowledgment of receipt of the gift from the donor and the Commission as appropriate.
(d) No employee of the Commission may serve as an officer or director in any organization making donations to the Commission.
(e) Gifts, grants, or donations to the Commission may not be used for the supplementation of the salary of any employee of the Commission.
(f) The Commission will not accept donations or gifts from an organization or individuals administering grants from the Commission or which have projects undergoing review by the Commission.

Source Note: The provisions of this §31.11 adopted to be effective January 10, 2007, 32 TexReg 67; amended to be effective June 4, 2008, 33 TexReg 4299