Part 3. TEXAS COMMISSION ON THE ARTS
The Texas Commission on the Arts adopts on an emergency basis an amendment to §31.5, concerning Staff, and §31.11, concerning Gifts, Grants, and Donations. Elsewhere in this issue of the Texas Register, the Texas Commission on the Arts contemporaneously proposes amendments to §31.5 and §31.11 for permanent adoption.
The purpose of the amendment to §31.5 is to address issues related to employees of the Commission. The change to the rule removes references to procedures related to the Texas Cultural Endowment Fund. Issues related to the Texas Cultural Endowment Fund are addressed in the Texas Government Code §444.026 and in the Commission's Investment Policy and Gift Acceptance Policy.
Section 31.11(c)(5) does not accurately reflect the work of the Commission. The Commission does accept restricted gifts intended for the sole benefit of a single organization. Therefore the rule is being amended.
The amendments are adopted on an emergency basis to reflect agency restructuring and its goals and strategies.
The amendments are adopted on an emergency basis under the Texas Government Code, §444.009, which provides the Texas Commission on the Arts with the authority to make rules and regulations for its government and that of its officers and committees.
No other statutes, articles or codes are affected by the amendments.
§31.5.Staff.
(a) Within the policies and guidelines established
by the commission, the executive director shall have the responsibility
to develop programs, employ staff, and to carry out operations. The
executive director shall be an ex officio member of all commission
committees except the Officer Nominating Committee. [Prior to
making a transfer or withdrawal of funds from any Cultural Trust Endowment
Fund Account, authorized officials of the Texas Commission on the
Arts must obtain director approval, which can be obtained by fax,
from the Commission's chairman or the Commission's treasurer. All
such actions must not be inconsistent with approved investment policy.
Any funds received must be deposited in the Cultural Trust Endowment
Fund account within three business days. Authorized officials are
the Executive Director, the Deputy Director and the Director of Finance
and Administration of the Texas Commission on the Arts.]
(b) - (c) (No change.)
§31.11.Gifts, Grants, and Dontations.
(a) - (b) (No change.)
(c) Restricted Gifts.
(1) - (4) (No change.)
[(5) The Commission will not accept restricted gifts intended for the sole benefit of a single organization.]
(5)
[
(6)
] Any organization receiving
a grant/contract as a result of a restricted gift must provide evidence
of sound administrative and fiscal management practices, comply with
the Commission's general eligibility rules and guidelines, and meet
the requirements of the restrictions placed on the gift by the donor.
(6)
[
(7)
] Any organization receiving
a grant/contract as a result of a restricted donation must provide
acknowledgment of receipt of the gift from the donor and the Commission
as appropriate.
(d) - (f) (No change.)
This agency hereby certifies that the emergency adoption 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 19, 2008.
TRD-200801012
Gary Gibbs
Executive Director
Texas Commission on the Arts
Effective Date: February 19, 2008
Expiration Date: June 17, 2008
For further information, please call: (512) 936-6564
The Texas Commission on the Arts (TCA) adopts on an emergency basis the repeal and replacement of §32.1 concerning Memoranda of Understanding. Elsewhere in this issue of the Texas Register , the Texas Commission on the Arts contemporaneously proposes the repeal and replacement of §32.1 for permanent adoption.
Section 32.1 does not address all of the Memorandum of Understanding (MOU) agreements TCA is currently required to have in place and does not address the issue of future MOU agreements. This repeal and new section will remedy both of those issues.
The repeal and new section are adopted on an emergency basis to reflect agency restructuring and its goals and strategies.
(Editor's note: The text of the following section adopted for repeal on an emergency basis will not be published. The section may be examined in the offices of the Texas Commission on the Arts or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is adopted on an emergency basis under the Government Code, §444.009, which provides the Texas Commission on the Arts with the authority to make rules and regulations for its government and that of its officers and committees.
No other statutes, articles or codes are affected by the repeal.
§32.1.Memorandum of Understanding with the Texas Department of Economic Development, the Texas Department of Transportation, the Texas Parks and Wildlife Department, the Texas Commission on the Arts, and the Texas Historical Commission.
This agency hereby certifies that the emergency adoption 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 19, 2008.
TRD-200801013
Gary Gibbs
Executive Director
Texas Commission on the Arts
Effective Date: February 19, 2008
Expiration Date: June 17, 2008
For further information, please call: (512) 936-6564
The new section is adopted on an emergency basis under the Government Code, §444.009, which provides the Texas Commission on the Arts with the authority to make rules and regulations for its government and that of its officers and committees.
No other statutes, articles or codes are affected by the new section.
§32.1.Memoranda of Understanding.
(a) The Texas Commission on the Arts (TCA) shall enter into Memorandum of Understanding (MOU) agreements as outlined in §444.030 of the Texas Government Code.
(b) TCA may enter into additional MOU agreements with other state agencies and/or partners. MOU agreements may result from Legislation or be initiated by the Commission for the purpose of furthering the agency's mission and goals.
This agency hereby certifies that the emergency adoption 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 19, 2008.
TRD-200801014
Gary Gibbs
Executive Director
Texas Commission on the Arts
Effective Date: February 19, 2008
Expiration Date: June 17, 2008
For further information, please call: (512) 936-6564