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Section 2: Legal Requirements to Accept Donation (for State)

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Statutory Requirements

Government Code, Chapter 575

  • This law only applies to gifts equal to or more than $500 in value.
  • TxDOT may not accept a gift from a donor if the donor is a party to an action in which TxDOT will determine the legal rights, duties, or privileges of the donor. If at the time of the proposed donation the donor is involved in such an action, TxDOT may accept the donation 30 days after a ruling by TxDOT on the action becomes final.
  • Before TxDOT may accept a gift, it must have statutory authority to do so. The Executive Director, or designee, approves gifts made to the Department.
  • For gifts valued at $500 or more, the Commission shall acknowledge the acceptance by minute order, no later than the 90th day after the date the Executive Director, or designee, approves the gift. The minute order must include:
    • The name of the donor;
    • A description of the gift; and
    • A statement of the purpose of the gift.

Transportation Code, §201. 206

  • TxDOT may accept gifts for the purpose of carrying out its functions and duties.
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Rules Requirements

43TAC §§1. 500 to 1. 505 inclusive

  • Any donation to TxDOT must be approved by the Executive Director, or designee, and acknowledged by order of the Commission no later than the 90th day after the date the gift is accepted, except the Executive Director or designee may approve donations with values of less than $500.
  • TxDOT may accept a gift upon a determination that:
    • The donation will benefit TxDOT in execution of its responsibilities.
    • The donor is not a party to an action in which TxDOT will determine the legal rights, duties, or privileges of the donor. If at the time of the proposed donation the donor is involved in such an action, TxDOT may accept the donation 30 days after a ruling by TxDOT on the action becomes final.
    • The donor is not subject to TxDOT regulation or oversight, or interested in or likely to become interested in any contract, purchase, payment, or claim with or against TxDOT.
    • Notwithstanding the previous three factors above, the Executive Director, or designee, may approve the acceptance of a donation if the donation would provide a significant public benefit and the donation would not influence or reasonably appear to influence TxDOT in the performance of its duties. The Commission must specifically acknowledge this in the minute order, where acknowledgement is required.
  • A donation agreement executed by TxDOT and the donor is required for all donations of real estate. The agreement must include the following information:
    • Description of donation.
    • Determination of value.
    • Statement by donor attesting to its ownership rights in the property.
    • Conditions (if any) restricting the use of the donated property.
    • Donor mailing address and, if donor is a business entity, location of the principal place of business.
    • Statement identifying the official relationship between the donor and TxDOT, if any.
    • Statement advising the donor that TxDOT neither approves nor is responsible for any representations by the donor for tax purposes.
    • Signature of the donor, if the donor is an individual, or the signature of an official representative if the donor is an entity.
    • Signature of the Executive Director or designee.
  • Following the execution of the donation agreement, a minute order acknowledging the donation is required.
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