Texas Administrative Code › Title 1 - ADMINISTRATION › Part 10 - DEPARTMENT OF INFORMATION RESOURCES › Chapter 201 - GENERAL ADMINISTRATION › Section 201.4 - Board Policies

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				director is hereby delegated authority by the board to grant a requesting state
				agency a compliance waiver from administrative rule, statewide standards, or
				other board policies. A state agency may request a compliance waiver from
				administrative rule, statewide standards or other board policy. The agency must
				clearly demonstrate to the department through written justification any
				performance or cost advantages to be gained and that the overall economic
				interests of the state are best served by granting the compliance waiver. The
				executive director of the department will notify the board when requests for
				waivers are received.
(b) The
				executive director is hereby delegated authority by the board to establish a
				sick leave pool program for employees of the department. The program must be
				consistent with the requirements of state law regarding state employee sick
				leave pools. The executive director is hereby appointed as the sick leave pool
				administrator. The executive director may designate another employee of the
				department to serve as the pool administrator under the supervision of the
				executive director. The pool administrator shall prescribe procedures relating
				to the operation of the sick leave pool program.
(c) The executive director is hereby
				delegated authority by the board to establish a family leave pool program for
				employees of the department and prescribe procedures relating to the operation
				of the family leave pool program. The executive director is hereby designated
				as the family leave pool administrator but may designate another employee of
				the department to serve as the pool administrator under the supervision of the
				executive director.
(d) In
				compliance with Chapter 2255, Texas Government Code, this subsection
				establishes the criteria, procedures and standards of conduct governing the
				relationship between the department and its officers and employees and private
				donors. This subsection authorizes the department to accept gifts and donations
				the department determines it is in the public interest to accept as a result of
				an emergency, including both natural and manmade disasters. The department is
				authorized to accept gifts and donations the department determines it is in the
				public interest to accept as a result of technology benefit including
				education, assessment or innovation.
(1) A
				private donor may make donations, including gifts, to the department to be
				spent or used for public purposes during times of emergency, including times of
				manmade and natural disasters or for any public purpose related to the duties
				of the department. Use by the department of the donation must be consistent
				with the mission and duties of the department. If the donor specifies the
				purpose for which the donation may be spent, the department must expend the
				donation only for that purpose.
(2)
				Monetary donations must be spent in accordance with the State Appropriations
				Act and shall be deposited in the state treasury unless statutorily
				exempted.
(3) The executive
				director is hereby delegated authority to coordinate all donations and may
				accept donations that do not exceed $250,000 in value on behalf of the
				department. Each donation accepted by the executive director must be
				acknowledged by the board at the board meeting following acceptance of the
				donation by the department. Donations that exceed $250,000 in value must be
				approved by the board prior to acceptance.
(4) Acceptance of the donation by either the
				board or the executive director of the department must be recorded in the board
				minutes, together with the name of the donor, description of the donation and a
				statement of the purpose of the donation.
(5) Donations may be accepted only if the
				executive director or board, as applicable, determines the donation will
				further the department's mission or duties, provide significant public benefit
				and not influence or reasonably appear to influence, the department in the
				performance of its duties.
(6)
				Execution of a donation agreement is required if the value of the donation
				exceeds $10,000 or if a written agreement is necessary, in the opinion of the
				department, to:
(A) indemnify the department
				as to ownership;
(B) prevent
				potential claims that could result from use of the donation, including access
				to confidential information;
(C)
				document donation terms or conditions;
(D) describe how the donation will further
				the department's mission or duties, provides a significant public benefit and
				is not made in an effort to influence action on the part of the department;
				or
(E) delete any information on a
				device donated to the department.
(7) Each donation agreement must include:
(A) a description of the donation, including
				a determination of its value;
(B)
				donor attestation of ownership rights in the donation;
(C) any restrictions or terms of use of the
				donation imposed by the donor;
(D)
				contact information for the donor;
(E) a statement that the department takes no
				position regarding and is not responsible for any tax-related representations
				by the donor and all value determinations are the responsibility of the donor
				and do not constitute affirmation of that value by the department.;
				and
(F) the signature of the
				executive director and the donor or an authorized representative of the donor
				if it is an entity rather than an individual.