Part 3. TEXAS COMMISSION ON THE ARTS
The Texas Commission on the Arts proposes amendments 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 adopts amendments to §31.5 and §31.11 on an emergency basis.
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.
Gary Gibbs, Executive Director, Texas Commission on the Arts, has determined that, for the first five-year period the amendments are in effect, there will be no fiscal implications for state or local government as a result of enforcing the amendments.
Mr. Gibbs also has 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 amendments will be updated rules. There is no anticipated economic cost to persons who are required to comply with the amendments as proposed. There will be no effect to small or micro businesses.
Comments on the proposal may be submitted to Jim Bob McMillan, Texas Commission on the Arts, P.O. Box 13406, Austin, Texas 78711-3406. Comments will be accepted for 30 days after publication of the proposal in the Texas Register.
The amendments are proposed 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 Donations.
(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 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 19, 2008.
TRD-200801015
Gary Gibbs
Executive Director
Texas Commission on the Arts
Earliest possible date of adoption: April 6, 2008
For further information, please call: (512) 936-6564
The Texas Commission on the Arts (TCA) proposes 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 adopts the repeal and replacement of §32.1 on an emergency basis.
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 replacement will remedy both of those issues.
Gary Gibbs, Executive Director, Texas Commission on the Arts, has determined that, for the first five-year period the repeal and new section are in effect, there will be no fiscal implications for state or local government as a result of enforcing the proposal.
Mr. Gibbs also has determined that, for each year of the first five years the repeal and new section are in effect, the public benefit anticipated as a result of enforcing the proposal will be efficient governance. There is no anticipated economic cost to persons who are required to comply with the repeal and new section as proposed. There will be no effect to small or micro businesses.
Comments on the proposal may be submitted to Jim Bob McMillan, Texas Commission on the Arts, P.O. Box 13406, Austin, Texas 78711-3406. Comments will be accepted for 30 days after publication of the proposal in the Texas Register.
(Editor's note: The text of the following section proposed for repeal 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 proposed 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 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 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 19, 2008.
TRD-200801016
Gary Gibbs
Executive Director
Texas Commission on the Arts
Earliest possible date of adoption: April 6, 2008
For further information, please call: (512) 936-6564
The new section is proposed 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 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 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 19, 2008.
TRD-200801017
Gary Gibbs
Executive Director
Texas Commission on the Arts
Earliest possible date of adoption: April 6, 2008
For further information, please call: (512) 936-6564
The Texas Commission on the Arts (commission) proposes an amendment to §35.2, concerning A Guide to Programs and Services.
The purpose of the amendment is to update the Adoption by Reference material.
Gary Gibbs, Executive Director, Texas Commission on the Arts, has determined that, for the first five-year period the amendment is in effect, there will be no fiscal implications for state or local government as a result of enforcing the amendment as proposed.
Mr. Gibbs also has determined that, for each year of the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the amendment will be an updated Guide. There is no anticipated economic cost to persons who are required to comply with the amendment as proposed. There will be no effect to small or micro businesses.
Comments on the proposal may be submitted to Jim Bob McMillan, Texas Commission on the Arts, P.O. Box 13406, Austin, Texas 78711-3406. Comments will be accepted for 30 days after publication in the Texas Register.
The amendment is proposed 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 this proposal.
§35.2.A Guide to Programs and Services.
The commission adopts by reference A Guide to Programs and
Services (revised
February 2008
[
October 2007
]).
This document is published by and available from the Texas Commission
on the Arts, P.O. Box 13406, Austin, Texas 78711. This document is
also available online at www.arts.state.tx.us.
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 25, 2008.
TRD-200801125
Gary Gibbs
Executive Director
Texas Commission on the Arts
Earliest possible date of adoption: April 6, 2008
For further information, please call: (512) 936-6564