Chapter 8: Donations

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Section 1: Overview

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Authority

The Texas Transportation Commission has adopted rules relating to acceptance of donations. 43 TAC ch. 1, subch. M.

For the purpose of carrying out its functions and duties, TxDOT may accept, from any source, a donation or contribution in any form, including real estate, personal property, money, materials, or services. Tex. Transp. Code §201.206.

TxDOT is authorized to exchange an interest in real property acquired but not needed for a highway purpose as whole or partial consideration for another interest in real property needed for a state highway purpose. Tex. Transp. Code §202.024.

TxDOT is authorized to acknowledge donations for highway-related services such as mowing, litter and debris pick-up, travel services, maintenance of safety rest areas, Travel Information Centers, and toll gantry facilities. 43 TAC ch. 12, subch. K.

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Definition of Donation

The term “donation” is used to include anything of value given to TxDOT. Examples of gifts and donations are:

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  • gifts of real property,
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  • cash towards the cost of a turn lane, landscaping, or traffic signal,
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  • literature for a conference,
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  • reimbursement for an employee’s travel for the purpose of being a speaker at a conference if the reimbursement is being offered by a non-governmental organization of which TxDOT is not a member.

The following are not considered donations:

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  • participation in TxDOT’s “Adopt-a-Highway” type programs governed by 43 TAC ch. 12, subch. A,
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  • reimbursement for travel to a meeting or as a speaker at a conference that is paid for by a governmental agency which provides funding for TxDOT, nor
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  • reimbursement for travel as a committee member to a meeting or as a speaker at a conference that is paid for by an organization to which TxDOT belongs such as American Association of State Highway and Transportation Officials, or a multistate pooled fund project.
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