Part 5. TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT

Chapter 162. TEXAS EXPORTERS LOAN FUND

10 TAC §§162.1 - 162.10

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Economic Development or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Economic Development (department) proposes the repeal of 10 Texas Administrative Code, Chapter 162. §§162.1 - 162.10, Texas Exporters Loan Fund in its entirety, relating to the administration of the procedures for participation in the Texas Exporters Loan Fund. The repeal is necessary because legislation authorizing the program provides that "the Department may not guarantee or make a loan under this section after August 31, 1997." Thus, agency review of this rule has found that the reason for the rules has ceased to exist.

Craig Pinkley, Director of Finance, has determined that for each year of the first five years that the repeal will be in effect there will be no fiscal implications to the state or to local governments as a result of the repeal. No cost to either government or the public will result from the repeal. There will be no impact on small businesses. No economic cost is anticipated to persons as a result of the repeal.

Mr. Pinkley has also determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of the repeal will be the avoidance of any confusion that may be caused by rules listed for a program that no longer exists. No economic costs are anticipated to persons who are required to comply with the proposed repeal.

Written comments on the proposed repeal may be hand-delivered to DeAnn Luper, Legal Assistant, Texas Department of Economic Development, 1700 North Congress, Suite 130, Austin, Texas 78701, or mailed to P.O. Box 12728, Austin, Texas 78711-2728, within 30 days of publication. Comments may be faxed to Ms. Luper at (512) 936-0415.

The repeal is proposed pursuant to Government Code, §481.0044, which directs the governing board to adopt rules for the administration of the department and Government Code, Chapter 2001, Subchapter B, which prescribes the standards for rulemaking by state agencies.

Government Code, Chapter 481, is affected by this proposed repeal.

§162.1.General Provisions.

§162.2.Texas Exporters Loan Fund.

§162.3.Eligibility Requirements.

§162.4.Filing Requirements and Consideration of Applications.

§162.5.Contents of Application.

§162.6.General Terms and Conditions of Department's Financial Commitment.

§162.7.Criteria for Approval of Loan Guaranty.

§162.8.Loan Administration.

§162.9.Loan Review Committee.

§162.10.Eligible Lenders.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on February 4, 2000.

TRD-200000815

Robin Abbott

General Counsel

Texas Department of Economic Development

Earliest possible date of adoption: March 19, 2000

For further information, please call: (512) 936-0177

10 TAC §197.2, §197.7

The Texas Department of Economic Development (Department) proposes amendments to Chapter 197. §197.2 and §197.7 relating to Private Donations. The proposed amendment to §197.2 to specifically addresses donated airline tickets in response to a State Auditor recommendation. The proposed amendment to §197.7 clarifies that state employees must follow all state laws and regulations as well as agency policies related to use of donated assets.

Robin Abbott, General Counsel, has determined that for each year of the first five years that the amendments will be in effect there will be no fiscal implications to the state or to local governments as a result of enforcing or administering the amendments. No cost or reduction in cost to either government or the public is anticipated as a result of the amendments. There will be no impact on small businesses or micro-businesses. No economic cost is anticipated to persons as a result of amending Chapter 197.

Ms. Abbott has also determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the rules will be the avoidance of any confusion that may be caused by incorrect wording, legal citations or agency names. No economic costs are anticipated to persons who are required to comply with the proposed amendments.

Written comments on the proposed amendments may be hand-delivered to DeAnn Luper, Legal Assistant, Texas Department of Economic Development, 1700 North Congress, Suite 130, Austin, Texas, 78701, mailed to P.O. Box 12728, Austin, Texas, 78711-2728, or faxed to (512) 936-0415, within 30 days of publication.

The amendments are proposed pursuant to Government Code, §481.0044(a), which directs the Governing Board of the Department to adopt rules necessary for the administration of the Department, and Government Code, Chapter 2001, Subchapter B, which prescribes the standards for rulemaking by state agencies.

Government Code, Chapter 481 is affected by this proposal.

§197.2.Procedure for Acceptance of Donations.

(a)

Statutory authority. All donations shall be accepted under the authority granted in the Texas Government Code, §481.021(a)(3).

(b)

Donation agreement. The donor and the department shall execute a donation agreement which documents the name of the donor, a description of the donation, and the purpose of the donation. Acceptance of donations to the department shall be approved by the governing board in accordance with Texas Government Code, Chapter 575.

(c)

Deposited funds. The department shall deposit monetary contributions from private sources in a separate fund kept and held in escrow and in trust by the comptroller's treasury division for and on behalf of the department as funds held outside the treasury under the Texas Government Code, §404.073. The money contributed shall be used to carry out the purposes of the department and, to the extent possible, the purposes specified by the donors.

(d)

Donated airline tickets. Donated airline tickets, vouchers, or any other documents authorizing complimentary or discounted travel must be deposited immediately upon receipt with the department's accounting division. This rule applies to donations of airline tickets regardless of dollar value as established by §197.1(c)(3) of this title and regardless of whether the donation is made to the department or the corporation.

§197.7.Standard of Conduct between Department Officers and Employees and Private Donors.

(a)

An officer or employee shall not accept or solicit any gift, favor, or service from a private donor that might reasonably tend to influence his official conduct or that the officer or employee knows is being offered with the intent to influence official conduct.

(b)

An officer or employee shall not accept employment or engage in any business or professional activity with a private donor which the officer or employee might reasonably expect would require or induce him to disclose confidential information acquired by reason of his official position.

(c)

An officer or employee shall follow all agency policies and state laws and regulations related to acceptance of gifts, ethical standards, reporting of travel expenses, and use of government property.

(d)

Failure of any officer or employee to follow agency policies and state laws and regulations may result in adverse employment action and referral to law enforcement or other appropriate authorities.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on February 4, 2000.

TRD-200000816

Robin Abbott

General Counsel

Texas Department of Economic Development

Earliest possible date of adoption: March 19, 2000

For further information, please call: (512) 936-0177