Ethics: Appropriations Act Riders

Additional ethics laws are contained in the biennial Appropriations Act Riders. Some of these provisions cover:

(The full text of the General Appropriations Act from the 81st Legislature can be found at http://www.lbb.state.tx.us, Conference Committee Report on SB1 - (May 2009))

 

Article III Riders - Special Provisions Relating Only to States Agenices of Higher Education

 

Sec. 9. Intercollegiate Athletics. The special and general provisions of Articles III and IX of this Act shall not apply to intercollegiate athletics. The governing boards of the respective institutions of higher education shall use the appropriations in this Act to make such necessary rules and adjustments as may be deemed advisable for the management and operation of such activities; however, no funds under control of intercollegiate athletics may be used to purchase alcoholic beverages; no educational and general funds appropriated may be used for the operation of intercollegiate athletics; such rules and adjustments shall be designed to complement the rules applicable to other departments of the respective institution; and finally, such rules and adjustments shall specifically prohibit violation of National Collegiate Athletic Association (NCAA) or other governing body rules with respect to recruitment of athletes.

 

Sec. 12. Use of Educational and General Funds for Alumni Activities Prohibited. None of the educational and general funds appropriated by this Article may be expended by institutions of higher education for the support or maintenance of alumni organizations or activities.

 

Sec. 24. Ethics Policy.

 

1. None of the funds appropriated by this Act may be expended by an institution of higher education until its governing board has filed with the Texas Higher Education Coordinating Board an ethics policy which has been adopted by the board of regents. The ethics policy shall apply to the board of regents and its staff, the administration, staff, and faculty of the institutions under the board's governance.


2. The ethics policy adopted by each board of regents shall include specific provisions regarding sexual harassment.

 

Article IX Riders

 

Sec 8.01. Acceptance of Gifts of Money.

 

(a) A gift or bequest of money to a state agency named in this Act, including the legislative branch, that has specific authority to accept gifts is appropriated to the agency designated by the grantor and for the purpose the grantor may specify, subject to Subsections (b), (c), (d), and (e).


(b) Unless exempted by specific statutory authority, a gift or bequest of money shall be:


     (1) deposited into the state treasury, and

 

     (2) expended in accordance with the provisions of this Act.


(c) A gift or bequest to a state agency may not be transferred to a private or public development fund or foundation, unless writtenpermission for the transfer is given by the donor of the gift or representative of the estate. An account of all such letters of written permission and transfers of gifts or bequests shall be kept by the agency and shall be reported to the State Auditor.


(d) An unexpended balance, from a gift or bequest, existing at the beginning of this biennium or at the end of a fiscal year of this biennium is hereby appropriated for use during this biennium for the purpose provided by the grantor.


(e) It is the intent of the Legislature that during the years subsequent to this biennium, to the extent allowed by law, the gift or bequest be used by the beneficiary agency for the purpose provided by the grantor.

 

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