HBA-ALS S.B. 183 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 183
By: Nixon, Drew
State Affairs
4/20/1999
Engrossed



BACKGROUND AND PURPOSE 

In 1997, the 75th Texas Legislature enacted S.B.145, which established
uniform procedures  for the acceptance of gifts by authorized agencies.
S.B. 145 requires the majority of a governing board of a state agency to
vote in an open meeting to approve acceptance of a gift valued at $500 or
more. There is concern that this may frustrate groups wishing to donate
seasonable and perishable food items to state agencies because an agency's
governing board may take several months to act upon such an offer.  S.B.183
allows authorized agencies to first accept a gift valued at $500 or more
and have its governing board acknowledge acceptance of the gift in an open
meeting within 90 days. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 575.003, Government Code, to authorize a state
agency that has a governing board to accept a gift if the agency has the
authority to accept the gift and a majority of the board, in an open
meeting, acknowledges the acceptance of , rather than approves acceptance
of, the gift, no later than the 90th day after the date the gift is
accepted. 

SECTION 2.Effective date: September 1, 1999.   
  Makes application of this Act prospective.  

SECTION 3.Emergency clause.