Part 3. TEXAS COMMISSION ON THE ARTS
The Texas Commission on the Arts adopts amendments to §31.5, concerning Staff, and §31.11, concerning Gifts, Grants, and Donations, without changes to the proposed text as published in the March 7, 2008, issue of the Texas Register (33 TexReg 1939) and will not be republished.
Elsewhere in this issue of the Texas Register , the Texas Commission on the Arts contemporaneously withdraws the emergency amendments to §31.5 and §31.11 which were also published in the March 7, 2008, issue of the Texas Register (33 TexReg 1917). The withdrawal will be effective upon the effective date of the adoption of these sections.
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 amended.
No comments are received regarding adoption of the amendments.
The amendments are adopted 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.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 15, 2008.
TRD-200802528
Gary Gibbs
Executive Director
Texas Commission on the Arts
Effective date: June 4, 2008
Proposal publication date: March 7, 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, without changes to the proposed text as published in the March 7, 2008, issue of the Texas Register (33 TexReg 1940) and will not be republished.
Elsewhere in this issue of the Texas Register , the Texas Commission on the Arts contemporaneously withdraws the emergency repeal and replacement of §32.1, which was also published in the March 7, 2008, issue of the Texas Register (33 TexReg 1918). The withdrawal will be effective upon the effective date of the adoption of these sections.
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.
No comments were received regarding adoption of the rules.
The repeal is adopted 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
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 15, 2008.
TRD-200802529
Gary Gibbs
Executive Director
Texas Commission on the Arts
Effective date: June 4, 2008
Proposal publication date: March 7, 2008
For further information, please call: (512) 936-6564
The new section is adopted 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.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 15, 2008.
TRD-200802530
Gary Gibbs
Executive Director
Texas Commission on the Arts
Effective date: June 4, 2008
Proposal publication date: March 7, 2008
For further information, please call: (512) 936-6564
The Texas Commission on the Arts (commission) adopts an amendment to §35.2, concerning A Guide to Programs and Services, without changes to the proposed text as published in the March 7, 2008, issue of the Texas Register (33 TexReg 1941) and will not be republished.
The purpose of the amendment is to update the Adoption by Reference material.
No comments were received regarding adoption of the amendment.
The amendment is adopted 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.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 15, 2008.
TRD-200802531
Gary Gibbs
Executive Director
Texas Commission on the Arts
Effective date: June 4, 2008
Proposal publication date: March 7, 2008
For further information, please call: (512) 936-6564