Sec. 572.060. SOLICITATION OF OR RECOMMENDATIONS REGARDING CONTRIBUTIONS TO CHARITABLE ORGANIZATIONS AND GOVERNMENTAL ENTITIES    


Latest version.
  • (a) Unless otherwise prohibited by the Code of Judicial Conduct, a state officer or state employee may:

    (1) solicit from any person a contribution to:

    (A) an organization that:

    (i) is exempt from income taxation under Section 501(a), Internal Revenue Code of 1986, by being listed under Section 501(c)(3) of that code;

    (ii) does not attempt to influence legislation as a substantial part of the organization's activities; and

    (iii) has not elected under Section 501(h), Internal Revenue Code of 1986, to have that subsection apply to the organization; or

    (B) a governmental entity; or

    (2) recommend to any person that the person make a contribution to an organization or entity described by Subdivision (1).

    (b) A monetary contribution solicited or recommended as provided by Subsection (a) must:

    (1) be paid or made directly to the charitable organization or governmental entity by the person making the contribution;

    (2) be in the form of a check, money order, or similar instrument payable to the charitable organization or governmental entity; or

    (3) be in the form of a deduction from a state employee's salary or wage payment under the state employee charitable campaign under Subchapter I, Chapter 659.

    (c) A contribution solicited or recommended as provided by Subsection (a) that is not a monetary contribution must be delivered directly to the charitable organization or governmental entity by the person making the contribution.

    (d) A contribution paid as provided by Subsection (b) or delivered as provided by Subsection (c) is not:

    (1) a political contribution to, or political expenditure on behalf of, the state officer or state employee for purposes of Title 15, Election Code;

    (2) an expenditure for purposes of Chapter 305; or

    (3) a benefit to the state officer or state employee for purposes of Sections 36.08 and 36.09, Penal Code.

Added by Acts 2005, 79th Leg., Ch. 53 , Sec. 1, eff. September 1, 2005.