[Date changed–posted 7/7/22 (last revised 4/28/14)]
[PDF Version]

 

Operating Policy and Procedure

OP 62.10: Prohibition of Gift of Public Moneys

DATE: July 7, 2022

PURPOSE: This Operating Policy/Procedure (OP) states the university policy prohibiting the use of state funds in providing gifts to individuals or organizations.

REVIEW: This OP will be reviewed in March of every fourth year by the Chief Procurement Officer with substantive revisions forwarded to the Senior Vice President for Administration & Finance and Chief Financial Officer.

POLICY/PROCEDURE

1.  Article 3, Section 51, of the Texas Constitution provides in part: “The Legislature shall have no power to make any grant or authorize the making of any grant of public moneys to any individual, association of individuals, municipal or other corporations whatsoever.”

This section of the Constitution is intended to guard against the giving or granting of public money for other than public purposes. State funds may be spent only for proper purposes and must be exchanged for adequate public benefits.

2.  Public funds are those appropriated by the Legislature. At no time shall any officer or other employee of the university use public funds to provide a gift to any individual, association of individuals, corporations, or other entity.

3.  The state attorney general has determined that the granting of scholarships within legislative guidelines is not in violation of Article 3, Section 51, of the Texas Constitution since such use serves a public purpose.

OP Categories

01 Chancellor
02 Development
04 Audit Services
10 President
30 Academic and Student Affairs – General
32 Academic Policies – Faculty
34 Academic Policies – Students
36 Academic Programs
40 Equal Opportunity and Affirmative Action
48 Communication Services
52 Information Technology
60 Environmental Health and Safety
61 Facilities Management
62 Financial and Accounting
63 General Services
64 Graduate Programs (Faculty and Students)
65 Research Accounting
66 Libraries
67 Mail Services
68 Communications and Marketing
69 Payroll and Tax Services
70 Human Resources
72 Purchasing, Contracting, and Payables
74 Research
76 Security
77 Student Services and Registrar
78 Traffic and Parking
79 Travel
80 Vehicles