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TSTC Harlingen Policy
No: 7.47   SOS: FA.3.1Effective Date: 6/27/2003
Division: Fiscal Affairs
Subject:Acceptance of Gifts and Bequests
Authority: Minute Order 139-02
Submitted By: Robert Gomez
Title:Chief Financial OfficerDate: 10/23/2003
Approved By:Dr. J. Gilbert Leal
Title:College PresidentDate: 10/23/2003
STATUS: Revised 10/23/2003
 
HISTORICAL STATUS:   Revised 10/23/2003
Revised 5/28/2003
Approved by BOR 10/18/2002
Approved MC 9/27/2002
Revised 9/1/2002
Updated 9/4/1991
Replaced MO#130-83 11/21/1983
Management Guideline 9/9/1983
Approved 6/25/1979

ACCEPTANCE OF GIFTS AND BEQUESTS - 3.03

DELETED replaced with Systems FA 3.1 – new COP follows

ACCEPTANCE OF GIFTS AND BEQUESTS - 3.03

Date: 09-08-03
Authority: TSTC-Management Guideline 03-07-90

POLICY

It is the policy of Texas State Technical College Harlingen to further the mission of the TSTC System by encouraging and accepting gifts and bequests, both cash and non-cash, while protecting the organization’s fiscal, legal, and ethical integrity.

PERTINENT INFORMATION

The legal authority for accepting gifts and bequests is found in Chapter 135 of the Texas Education Code.

Texas State Technical College Harlingen is an instrumentality of the State of Texas and is not required to obtain a determination letter of tax deductibility for gifts and bequests required under Section 501(c)(3) of the Internal Revenue Code. The College is automatically exempt from federal income and excise taxes. Due to the complexities of the Internal Revenue Code, the College will not attempt to establish the tax implications of gifts and bequests for donors or to value any gifts or bequests that are received.

Board Minute Order 54-83 established College policy requiring conversion of securities to cash as soon as possible, unless the donor has specified otherwise.

This College Operating Procedure applies to all donations to Texas State Technical College Harlingen including those made through The TSTC Regents Circle.

DELEGATION OF AUTHORITY

The Texas Education Code, Chapter 135.02, establishes the authority for the Board of Regents to accept in the name of the State of Texas land and facilities in Cameron County subject to the approval by the Governor. Chapter 135.02 also authorizes the Board of Regents to accept in the name of the State of Texas land and facilities in the county in which the college is located, with the approval of the Texas Higher Education Coordinating Board being required if: (1) the Board requests to place the land and facilities on its educational and general buildings and facilities inventory; and (2) the combined value of the land and facilities is more than $300,000 at the time the Board makes this request.

The College President will notify the Chancellor of any pending donations of land or facilities in order to determine the appropriate action.

The Board of Regents has delegated the authority to receive all other gifts and bequests to the Chancellor. The Chancellor has delegated to the President the authority to accept cash, checks, money orders, bank drafts, payments made with certain credit cards, supplies, and equipment.

OPERATING REQUIREMENTS

Resource Development Officers

The Associate Vice Chancellor for Resource Development in the TSTC System Resource Development Office serves as the lead Resource Development Officer system wide.

The President will designate an individual to serve as the College’s Resource Development Officer and notify the System Resource Development Office of that designation. In addition, the Resource Development Officer will designate the user of the system wide resource development database for the College and notify the System Resource Development Office of that designation.

The Officer and other individuals designated by the Chancellor will serve on the System wide Resource Development Team.

Confidentiality

Any information concerning donors or prospective donors will be confidential, as allowed by law. No information will be released to the general public without securing the donor’s prior permission, unless a need to know has been established.

Conditions of Acceptance

Texas State Technical College Harlingen authorizes the acceptance of gifts and bequests only when the donor gives freely and when TSTC Harlingen has advised the donor that the donation is tax deductible to the full extent of the law and encouraged the donor to seek appropriate legal and financial counsel, where appropriate. TSTC Harlingen does not authorize the acceptance of gifts and bequests that would jeopardize the financial, legal, or ethical integrity of the College.

All gifts and bequests to TSTC become the property of the State of Texas and must be placed on inventory, where appropriate, and accounted for in accordance with established procedures and sound accounting practices.

All gifts to TSTC Harlingen are irrevocable unless specified in advance by the donor.

Acceptable Assets

The President or the President’s designee may accept the following, in accordance with TSTC Harlingen policies and procedures.

Cash, e.g., checks, money orders, bank drafts, and payments made with certain credit cards

Supplies and equipment

The Chancellor or the Chancellor’s designee may accept the following, in accordance with TSTC policies and procedures, on behalf of the TSTC System and College.

    1. Cash, e.g., checks, money orders, bank drafts and payments made with certain credit cards
    2. Supplies and equipment
    3. Marketable securities
    4. Real estate
    5. Tangible personal property
    6. Beneficial interests in insurance policies
    7. Beneficial and/ or assignable interests in retirement plans
    8. Bequests

Procedures for Accepting Gifts of Supplies, Equipment, and Cash, e.g., Checks, Money Orders, Bank Drafts, Payments Made with Certain Credit Cards

    1. When any gift of supplies, equipment, or cash, e.g., checks, money orders, bank drafts, or payments made with a credit card, is received by the College President or appropriate Resource Development Officer, the gift is reported on a “Gift Acceptance and Transmittal Form.” (A gift of supplies and/or equipment is to be reported if it is valued at $100 or more.)

    2. Within five working days, the “Gift Acceptance and Transmittal Form” will be sent to the System Resource Development Office.

    3. Additional support information, if any, will accompany this form. Also, within the same time frame, the College President and, where appropriate, College Resource Development Officer will send a “thank you” to the donor.

        1. A. If the gift to TSTC Harlingen is made through The TSTC Regents Circle, the donation will be forwarded to the System Development Office along with the “Gift Acceptance and Transmittal Form.”

        2. B. If the gift is made directly to College, the donation is deposited in accordance with college procedures the “Gift Acceptance and Transmittal Form” will be completed and a copy will be sent to the System Resource Development Office.


    4. The System Resource Development Office will enter the gift information (gift amount, gift designation, donor information, campaign information, etc.) into the system wide resource development database, when appropriate.

    5. The System Resource Development Office will add the donor’s name to the Donor List, with the donor’s approval.

    6. The System Resource Development Office will send a “thank you” letter and gift receipt to the donor within five working days of receiving the “Gift Acceptance and Transmittal Form.”

    7. The TSTC Chancellor will send a “thank you” letter for all gifts valued at $250 or more.

    8. All gifts will be accounted for using established procedures and sound accounting practices.

Procedures for Accepting Gifts of Marketable Securities, Real Estate, Personal Property, Insurance, Retirement Plans, Bequests, Etc.

    1. The System Office will handle all gifts of securities, real estate, personal property, insurance, retirement plans, bequests, and other items not mentioned in the preceding section, whether made through The TSTC Regents Circle, or TSTC Harlingen.

      When the College President or College Resource Officer receives any of these gifts or notification of such possible gifts, the President or College Resource Officer will immediately notify the System Associate Vice Chancellor for Resource Development.

    2. In general, the Chancellor or the Chancellor’s designee will accept the gifts, as long as the gifts do not jeopardize the financial, legal, and/or ethical integrity or reputation of the TSTC Harlingen.

    3. The System Resource Development Office will enter the gift information (gift amount, gift designation, donor information, campaign information, etc.) into the system wide resource development database, when appropriate.

    4. The System Resource Development Office will add the donor’s name to the Donor List, with the donor’s approval.

    5. The System Resource Development Office will send a “thank you” letter and gift receipt to the donor at the appropriate time.

    6. The TSTC Chancellor will send a “thank you” letter for the gift.

    7. All property donated to TSTC Harlingen with a value of $5,000 or more will be placed on inventory and capitalized, where appropriate.

    8. All such gifts will be accounted for using established procedures and sound accounting practices.

Accountability

The College Resource Development Officer will prepare quarterly and annual report on the “Gift Acceptance and Transmittal Form,” for Systems Office which is subsequently submitted to the Board of Regents.

Availability

General (Non-Scholarship Funds)

All cash reserves will be available for disbursement at the written request of the Account Signature Authority, in accordance with the donor’s stipulations.

The College Resource Development Officer will verify that funds are available and that the request is in accordance with the donor’s stipulations.

Each disbursement request will include the following:

        1. hard copy documentation, if applicable,
        2. amount of the check,
        3. payee of the check, and
        4. where the check is to be mailed. (If not specified otherwise, the check will be mailed to the payee).

Designated (Scholarship Funds, Non-endowed and Endowed)

The Resource Development Officer will maintain an official record of non-endowed and endowed scholarships, including the appropriate account agreement, any correspondence with the donor, any requests for disbursements, and any other appropriate documentation.

The Resource Development Officer, working with the appropriate Financial Aid Office, will see to the awarding of these scholarships in a timely manner and according to the donor’s stipulations.

The Resource Development Officer will send a Scholarship Payment Memo to the appropriate Financial Aid Office three weeks prior to the first class day of each semester.

The Scholarship Payment Memo will include, but not be limited to, the name of the scholarship, the student’s name, the student’s social security number, the semester(s) for the award, and the amount of the award. The memo will also designate what is included in the award, such as tuition, fees, books, living expenses, etc.

PERFORMANCE INDICATORS

College Operating Procedures are developed and implemented in compliance with System Operating Standards.

Designated Resource Development Officer.

Designated user of the system wide resource development database.

Coordinated fund raising efforts result in greater financial resources for TSTC Harlingen.

Attachment A

TEXAS STATE TECHNICAL COLLEGE HARLINGEN

GIFT ACCEPTANCE AND TRANSMITTAL

A. DONOR INFORMATION

Name _________________________________________

Address _______________________________________

______________________________________________

Telephone numbers (H) _______________ (W)____________________

Email address _______________________________________________

Include in Donor List _______ Yes _______ No

If name(s) to be included is/are different from above please specify:

_________________________________

B. GIFT INFORMATION

Cash $ _________ Pledge $__________

_____ Credit Card _____ Visa _____ MasterCard

Acct # ______________________________

Exp. Date ___________________________

Name on card _______________________

Signature ___________________________

_____ Equipment/Supplies (please specify and use additional pages if necessary)

Description: _________________________________________

Donor value: ____________________

______Other (specify)

________________________________________________________________________

C. GIFT DESIGNATION

Cash/Pledges

_____ New account in The TSTC Regents Circle for purposes described in the Account Agreement (Attachment B or C).

_____ Existing account in The TSTC Regents Circle for purposes described in the existing Account Agreement.

_____ New account in the College/Business Office.

_____ Existing account in the College/Business Office.

Account name ___________________ New/Existing account number__________

Equipment and Supplies

_____ Donated to The TSTC Regents Circle for __________________________.

D. THIS FORM COMPLETED BY:

Name _______________________ Date _________

Location ____________________

TSTC –0-007 (08-02)

Attachment B

THE TSTC REGENTS CIRCLE

“Non-Endowed Account Agreement”

1. Name of Account: ______________________________________________.

2. The initial deposit delivered to The TSTC Regents Circle was $__________.

3. The purpose(s) of the account is/are:
______________________________________________________________________

4.Withdrawals from the fund will be made for the stated purpose(s) on written request by the following TSTC Account Representative (or Alternate) to the System Development Office.

PRIMARY

Name: _________________________________

Title: _________________________________

Address: _________________________________

Telephone: _________________________________

ALTERNATE

Name: __________________________________

Title: __________________________________

Address: __________________________________

Telephone: __________________________________

5.The TSTC Regents Circle will deposit the property of this account in a checking or savings account (or other investment deemed appropriate by The TSTC Regents Circle), but no interest, earnings, or appreciation shall accrue to the account.

6.If questions or problems arise concerning this account, the TSTC Account Representative (or Alternate) is authorized to represent all donors to the fund in determining what action is to be taken or in amending this agreement.

7.The TSTC Regents Circle Board of Directors has authorized the Executive Director of The TSTC Regents Circle to be its agent in all matters relating to this fund.

8.The TSTC Regents Circle will provide account updates to The TSTC Regents Circle Directors, the TSTC Account Representative, and/or the Donor or Donor Representative, as appropriate.

9.The TSTC Regents Circle (and its agents) will have all the powers set forth in Texas Code.

10. The TSTC Regents Circle will not be required to file any reports, appraisals, inventories, or accounting with any court or to post bond.

DONOR OR DONOR REPRESENTATIVE

Name: __________________________________________

Organization/Company Name (if applicable): __________________

Address: ___________________________________________

___________________________________________

Telephone: ___________________________________________

Email ___________________________________________

Signature: ___________________________________________

Date: ___________________________________________

EXECUTIVE DIRECTOR

THE TSTC REGENTS CIRCLE

Signature: ___________________________________________

Date: ___________________________________________

ACCOUNT NUMBER

__________________________________________

COPIES

____ The TSTC Regents Circle

____ Donor or Donor Representative

____ President (if applicable)

____ Chancellor (if applicable)

____ Chair (if applicable)

Attachment C

THE TSTC REGENTS CIRCLE “Endowed Account Agreement”

1.Name of Account: _____________________________________________

2.The initial deposit delivered to The TSTC Regents Circle was $_________.

3.The purpose(s) of the account is/are: _______________________________________________________________ _______________________________________________________________

4.The parties intend that the corpus of this account will grow to a minimum of $10,000 within five years. After five years, The TSTC Regents Circle will maintain it as a perpetual (endowed) account for the purposes stated above, as long as the account maintains a minimum balance of $10,000.

5.The parties agree that if the corpus does not reach the minimum level within the minimum time frame, The TSTC Regents Circle will contact the Donor or Donor Representative for direction as to the handling of the cash reserve.

6.If at any time, the appropriate Resource Development Officer and the Donor or Donor Representative determine that there is no longer a need for this account for the purpose(s) noted above, then the parties agree that the distributions will be made for any purpose benefiting the following unit or for another stipulated purpose: _____________________________________.

7.Requests for distributions may be initiated by ________(title of college or System officer), although this is not required unless specified in section 3.

8.All available dollars will be distributed annually for the purposes specified above and in accordance with The TSTC Regents Circle financial management policies.

9.If the TSTC Regents Circle has any questions, the Donor or Donor Representative will be contacted. In their absence, the Donor authorizes The TSTC Regents Circle to consult with ______________________________.

10.The TSTC Regents Circle will provide Account Updates to The TSTC Regents Circle Board of Directors, the TSTC Harlingen Account Representative, the Donor, and/or the Donor Representative, as appropriate.

11.The TSTC Regents Circle and its agents have all powers set forth in Texas Code.

12.The TSTC Regents Circle will not be required to file any reports, appraisals, inventories, or accounting with any court or to post bond.

DONOR OR DONOR REPRESENTATIVE

Name: _______________________________________________

Organization/Company Name (if applicable): _______________________

Address: ________________________________________________

________________________________________________

Telephone: ________________________________________________

Email: ________________________________________________

Signature: ________________________________________________

Date: ________________________________________________

EXECUTIVE DIRECTOR

THE TSTC REGENTS CIRCLE

Signature: ________________________________________________

Date: ________________________________________________

ACCOUNT NUMBER:

___________________________

COPIES:

_____ The TSTC Regents Circle

_____ Donor or Donor Representative

_____ Chancellor (if applicable)

_____ President (if applicable)

_____ Chair (if applicable)