Gift: anything of value, including, but not limited to cash, securities, bequest/trust distributions, life insurance, real estate, gift cards, tickets to entertainment or sporting events, and food received by UTMB, a department/institute, and/or a UTMB employee from a third party. NOTE: salary, honoraria, expense reimbursements, and other such payments for services are not considered gifts. These payments are considered compensation.
Honoraria: a payment/form of compensation provided to a UTMB employee from an academic entity, professional service organization, non-profit organization, federal or state agency, foundation, or other similar entity outside UTMB for service provided to the entity, speaking engagement or other public appearance that is beyond the employee’s normal responsibilities to UTMB. Any payment made by industry (a pharmaceutical company, a device-manufacturing company, etc.) is not considered honoraria, even if characterized as honoraria or another term.
Texas State Law
“State law generally prohibits a public servant from soliciting, accepting, or agreeing to accept an honorarium in consideration for services that the public servant would not have been requested to provide but for the public servant’s official position or duties. In other words, acceptance of an honorarium by a public official or employee is prohibited if the public servant was asked to provide the speech or the service because of his official position or knowledge that was gained in his official position.”
Raffle: The award of one or more prizes by chance at a single occasion among a single pool or group of persons who have paid or promised a thing of value for a ticket that represents a chance to win a prize.
Raffles are generally prohibited pursuant to the Texas Charitable Raffle Enabling Act.
However, pursuant to the law, there are generally four types of organizations that may be considered a “qualified organization” eligible to conduct raffles:
(1) a nonprofit association organized primarily for religious purposes that has been in existence in Texas for at least ten (10) years;
(2) a nonprofit volunteer emergency medical service that does not pay its members other than nominal compensation;
(3) a nonprofit volunteer fire department that operates fire-fighting equipment, provides fire-fighting services, and does not pay its members other than nominal compensation; or
(4) a nonprofit organization that has existed at least the three (3) preceding years and is exempt from federal income tax under Section 501(c) of the Internal Revenue Code; does not distribute any of its income to its members, officers or governing body; does not devote a substantial part of its activities to attempting to influence legislation; and does not participate in any political campaign. [A copy of your organization’s IRS Letter of Determination verifying 501(c) status will be required.]
If your organization does not meet the requirements of a “qualified organization,” you may not conduct raffles. An unauthorized raffle is considered gambling under the Texas Penal Code. Conducting such a raffle is a Class A misdemeanor. Participating in an unauthorized raffle is a Class C misdemeanor.
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