(a) Purpose. The Texas Youth Commission (TYC) is authorized
to accept gifts, grants, or donations of money or property to carry
out its duties. The Board is required to acknowledge the acceptance
of such gifts having a value of $500 or more not later than the 90th
day after the date the gift is accepted. Legislative approval is required
for the acceptance of gifts of real property.
(b) Applicability. The Board acknowledgment requirement
does not apply to gifts that are made by private individuals to volunteer
councils, but does apply to gifts that are made directly to the agency
by volunteer councils. Volunteer councils are separate legal entities
and gifts to them are not covered by this policy. It applies only
to gifts of money or property, not volunteer services. It applies
to gifts that support a youth activity, but not to gifts that are
made to individual youth. It applies to gifts that are to be administered
or distributed by the agency or that are to be used by the agency
to operate or improve agency programs or facilities.
(c) Procedures.
  (1) A gift that has a value of $500 or more shall not
be accepted from a person(s) who is involved in a contested case before
the agency until the 30th day after the date the decision in the case
becomes final.
  (2) Gifts of cash to the agency should not be accepted
unless the check is made payable to "Texas Youth Commission".
  (3) Upon TYC's receipt of a gift having a value of
$500 or more, TYC shall send to the donor written acknowledgement
of receipt of the gift and conditional acceptance, subject to Board
acknowledgement of acceptance.
  (4) The Board's acknowledgement of the gift is by a
majority vote of the Board in an open meeting. The minutes of the
Board meeting shall reflect the name of the donor, a description of
the gift, and the purpose of the gift.
  (5) TYC shall send written notification to the donor
of the Board's action regarding the gift.
  (6) The executive director shall approve the planned
use of estate gifts having a value of $500 or more.


Source Note: The provisions of this §385.8170 adopted to be effective November 8, 2005, 30 TexReg 7229; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639