Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,323
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officers and employees and private donors. This subsection authorizes
the department to accept gifts and donations the department deter-
mines it is in the public interest to accept as a result of an emergency,
including both natural and manmade disasters.
(1) A private donor may make donations, including gifts, to
the department to be spent or used for public purposes during times of
emergency, including times of manmade and natural disasters. Use by
the department of the donation must be consistent with the mission and
duties of the department. If the donor specifies the purpose for which
the donation may be spent, the department must expend the donation
only for that purpose.
(2) Donations must be spent in accordance with the State
Appropriations Act and shall be deposited in the state treasury unless
statutorily exempted.
(3) The executive director is hereby delegated authority to
coordinate all donations and may accept donations that do not exceed
$250,000 in value on behalf of the department. Each donation accepted
by the executive director must be acknowledged by the board within
thirty days of acceptance of the donation by the department. Donations
that exceed $250,000 in value must be accepted by the board.
(4) Acceptance of the donation by either the board or the
executive director of the department must be recorded in the board min-
utes, together with the name of the donor, description of the donation
and a statement of the purpose of the donation.
(5) Donations may be accepted only if the executive direc-
tor or board, as applicable, determines the donation will further the
department's mission or duties, provide significant public benefit and
not influence or reasonably appear to influence, the department in the
performance of its duties.
(6) Execution of a donation agreement is required if the
value of the donation exceeds $10,000 or if a written agreement is nec-
essary, in the opinion of the department, to:
(A) indemnify the department as to ownership;
(B) prevent potential claims that could result from use
of the donation;
(C) document donation terms or conditions; or
(D) describe how the donation will further the depart-
ment's mission or duties, provides a significant public benefit and is
not made in an effort to influence action on the part of the department.
(7) Each donation agreement must include:
(A) a description of the donation, including a determi-
nation of its value;
(B) donor attestation of ownership rights in the dona-
tion;
(C) any restrictions or terms of use of the donation im-
posed by the donor;
(D) contact information for the donor;
(E) a statement that the department takes no position
regarding and is not responsible for any tax-related representations by
the donor; and
(F) the signature of the executive director and the donor
or an authorized representative of the donor if it is an entity rather than
an individual.
(d) The board shall set a strategic direction for the department(1) establishing a subcommittee for each major program
area to monitor activities, major outsourced contracts, and new initia-
tives for and service offerings by the department;
(2) evaluating and approving new initiatives for, or cate-
gories of, services offered by the department under the department's
various programs.
(e) The board shall regularly evaluate the extent to which the
department fulfills the department's information resources technology
mission by providing cost-effective services and meeting customer
needs.
(f) The board shall regularly evaluate department operations,
including an evaluation of analytical data and information regarding
trends in department revenue and expenses, as well as performance
information.
(g) The board shall maintain an audit subcommittee of the
board. The subcommittee shall oversee the department's internal
auditor and any other audit issues that the board considers appropriate.
The subcommittee shall evaluate whether the internal auditor has
sufficient resources to perform the auditor's duties and ensure that
sufficient resources are available.
(h) A department employee may not:
(1) have an interest in, or in any manner be connected with,
a contract or bid for a purchase of goods or services by the department;
or
(2) in any manner, including by rebate or gift, directly or
indirectly accept or receive from a person to whom a contract may
be awarded anything of value or a promise, obligation, or contract for
future reward or compensation.
(3) A department employee who violates paragraph (1) or
(2) of this subsection is subject to disciplinary action, including dis-
missal.
(4) The department shall train staff in the requirements of
this subsection and Government Code, Chapter 572, and incorporate
the requirements into the contract management guide and the depart-
ment's internal policies, including employee manuals.
201.5. Advisory Committees.
(a) State Strategic Plan for Information Resources Manage-
ment Advisory Committee.
(1) This advisory committee shall consist of at least nine
and not more than 21 [24] members appointed by the department Ex-
ecutive Director with the approval of the board. Members should have
a demonstrated [the] ability to think strategically and to work towards
[in a] consensus building in a[] committee setting. The membership
will include at least:
(A) two information resources managers, or a designee,
from Texas state agencies other than a university system or institution
of higher education as defined in Education Code, 61.003;
(B) one representative from a state university system or
institution of higher education as defined in Education Code, 61.003;
(C) one member of the public [resident of the state that
is not urrenty empl eyed by the state and is not employed in the eom-
pting and/r telecommunications field];
(D) one representative from a local government or-
ganization in the state that is knowledgeable about computing and/or
telecommunications;PROPOSED RULES November 22, 2013 38 TexReg 8323
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Texas. Secretary of State. Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013, periodical, November 22, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379965/m1/11/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.