By Junell, Danburg, et al.                            H.B. No. 2223
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the dedication of certain funds for the use of the
    1-3  Texas Commission on the Arts.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 444.025, Government Code, is amended to
    1-6  read as follows:
    1-7        Sec. 444.025.  Donations; Appropriations; Audit.  (a)  The
    1-8  commission may accept on behalf of the state donations of money,
    1-9  property, art objects, and historical relics as it determines best
   1-10  further the orderly development of the artistic resources of the
   1-11  state.  Except as provided by Subsection (b),  <All> money paid to
   1-12  the commission under this chapter shall be deposited in the Texas
   1-13  cultural trust fund <state treasury>.
   1-14        (b)  The commission may solicit donations from an appropriate
   1-15  source.  A person may designate a donation as intended for the
   1-16  Texas cultural trust fund or the Texas Commission on the Arts
   1-17  operating fund.  If the person designates that a donation is
   1-18  intended for a specific fund, the donation shall be deposited in
   1-19  the designated fund.
   1-20        (c)  The legislature may make appropriations to the
   1-21  commission to carry out the purposes of this chapter.
   1-22        (d) <(c)>  The financial transactions of the commission are
   1-23  subject to audit by the state auditor in accordance with Chapter
   1-24  321, Government Code.
    2-1        SECTION 2.  Subchapter B, Chapter 444, Government Code, is
    2-2  amended by adding Sections 444.026 and 444.027 to read as follows:
    2-3        Sec. 444.026.  TEXAS CULTURAL TRUST FUND.  (a)  The Texas
    2-4  cultural trust fund is a trust fund in the state treasury.
    2-5        (b)  The legislature may not appropriate money in the trust
    2-6  fund.
    2-7        (c)  Interest earned before September 1, 1994, on money
    2-8  deposited in the trust fund shall be deposited to the credit of the
    2-9  trust fund.  Interest earned on or after September 1, 1994, on
   2-10  money deposited in the trust fund shall be deposited to the credit
   2-11  of the trust fund and then transferred by the commission on
   2-12  September 1 of each year to the Texas Commission on the Arts
   2-13  operating fund.
   2-14        (d)  Notwithstanding Subsection (c), the commission may not
   2-15  transfer from the trust fund an amount of interest earned on money
   2-16  deposited in the trust fund under Section 154.603(b)(1), Tax Code,
   2-17  that matches the amount of private monetary donations made to the
   2-18  trust fund during that same fiscal year.  Interest income remaining
   2-19  in the trust fund under this subsection becomes part of the corpus
   2-20  of the trust fund.  This subsection expires September 1, 1998.
   2-21        Sec. 444.027.  TEXAS COMMISSION ON THE ARTS OPERATING FUND.
   2-22  (a)  The Texas Commission on the Arts operating fund is a special
   2-23  fund in the state treasury.
   2-24        (b)  Money deposited to the credit of the operating fund may
   2-25  be appropriated only to carry out the commission's powers and
   2-26  duties under this chapter and for necessary administrative costs
   2-27  incurred by the commission under this chapter.
    3-1        (c)  The commission may transfer funds from the operating
    3-2  fund to the Texas cultural trust fund at any time.
    3-3        (d)  This section is exempt from the application of Section
    3-4  403.094(h), Government Code.
    3-5        SECTION 3.  The importance of this legislation and the
    3-6  crowded condition of the calendars in both houses create an
    3-7  emergency and an imperative public necessity that the
    3-8  constitutional rule requiring bills to be read on three several
    3-9  days in each house be suspended, and this rule is hereby suspended,
   3-10  and that this Act take effect and be in force from and after its
   3-11  passage, and it is so enacted.