Section 209.33 - [Effective 11/14/2024] Donations or Contributions(a) The purpose of this section is to establish the criteria and procedures regarding donations or contributions under Transportation Code, §1001.008 and Government Code, Chapter 575, as well as the standards of conduct governing the relationship between the board, the department's employees, and donors under Government Code, Chapter 2255.(b) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Board--The board of the Texas Department of Motor Vehicles.(2) Department--The Texas Department of Motor Vehicles.(3) Donation or contribution--Anything of value in any form, including real or personal property, money, materials, or services, given by a donor to the board, as authorized by Transportation Code, §1001.008.(4) Donor--A person who makes a donation or contribution to the board, as authorized by Transportation Code, §1001.008.(5) Executive director--The executive director of the Texas Department of Motor Vehicles.(c) The executive director may accept a donation or contribution valued under $500.(d) Board acceptance of a donation or contribution shall be made in an open meeting. The records of the meeting shall identify the name of the donor and describe the donation or contribution and its purpose.(e) If a donor specifies the purpose of the donation or contribution, the department shall use the donation or contribution for that purpose to the extent the specified purpose complies with Transportation Code, §1001.008.(f) The department may document terms and conditions relating to a donation or contribution through a donation or contribution agreement with the donor.(g) Pursuant to Transportation Code, §1005.001 and Government Code, §2255.001, board members and department employees shall comply with the standard of conduct imposed by Government Code, Chapter 572 and any other law regulating the ethical conduct of state officers and employees when interacting with a donor or potential donor.(h) A board member who serves as an officer or director of a potential donor to the board shall not vote on a proposal or decision pending before the potential donor to make a donation or contribution to the board.(i) If the department's executive director serves as an officer or director of a potential donor to the board, the executive director shall not vote on a proposal or decision pending before the potential donor to make a donation or contribution to the board.(j) A board member or a department employee shall not authorize a donor to use department property unless the following requirements are met:(1) the board member or the department, as applicable, must have statutory authority to do so;(2) the property shall only be used for a state purpose; and(3) the property shall be used in accordance with a contract between the department and the donor that complies with Texas law.43 Tex. Admin. Code § 209.33
The provisions of this §209.33 adopted to be effective March 29, 2012, 37 TexReg 2087; Amended by Texas Register, Volume 49, Number 45, November 8, 2024, TexReg 8951, eff. 11/14/2024