1-1  By:  Junell, et al. (Senate Sponsor - Montford)       H.B. No. 2223
    1-2        (In the Senate - Received from the House May 17, 1993;
    1-3  May 19, 1993, read first time and referred to Committee on Finance;
    1-4  May 21, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 9, Nays 0; May 21, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Montford           x                               
   1-10        Turner             x                               
   1-11        Armbrister         x                               
   1-12        Barrientos         x                               
   1-13        Bivins                                        x    
   1-14        Ellis              x                               
   1-15        Haley                                         x    
   1-16        Moncrief                                      x    
   1-17        Parker                                        x    
   1-18        Ratliff            x                               
   1-19        Sims               x                               
   1-20        Truan              x                               
   1-21        Zaffirini          x                               
   1-22  COMMITTEE SUBSTITUTE FOR H.B. No. 2223                By:  Montford
   1-23                         A BILL TO BE ENTITLED
   1-24                                AN ACT
   1-25  relating to the dedication of certain funds for the use of the
   1-26  Texas Commission on the Arts.
   1-27        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-28        SECTION 1.  The heading for Subchapter B, Chapter 444,
   1-29  Government Code, is amended to read as follows:
   1-30               SUBCHAPTER B.  POWERS AND DUTIES; FUNDING
   1-31        SECTION 2.  Subsection (c), Section 444.024, Government Code,
   1-32  is amended to read as follows:
   1-33        (c)  The commission by rule shall adopt equitable procedures
   1-34  for the distribution of grants to recipients who reflect the
   1-35  geographical, cultural, and ethnic diversity of the state's
   1-36  population <Grants of money shall be made without regard to the
   1-37  race, creed, sex, religion, or national origin of the applicant>.
   1-38        SECTION 3.  Section 444.025, Government Code, is amended to
   1-39  read as follows:
   1-40        Sec. 444.025.  Donations; Appropriations; Audit.  (a)  The
   1-41  commission may accept on behalf of the state donations of money,
   1-42  property, and art objects<, and historical relics> as it determines
   1-43  best further the orderly development of the artistic resources of
   1-44  the state.  Except as provided by Subsection (b),  <All> money paid
   1-45  to the commission under this chapter shall be deposited in the
   1-46  Texas cultural endowment fund <state treasury>.
   1-47        (b)  The commission may solicit donations from an appropriate
   1-48  source.  A person may designate a donation as intended for the
   1-49  Texas cultural endowment fund or the Texas Commission on the Arts
   1-50  operating fund.  If the person designates that a donation is
   1-51  intended for a specific fund, the donation shall be deposited in
   1-52  the designated fund.
   1-53        (c)  The commission by rule shall establish an acquisition
   1-54  policy for accepting property and art objects.
   1-55        (d)  The legislature may make appropriations to the
   1-56  commission to carry out the purposes of this chapter.
   1-57        (e) <(c)>  The financial transactions of the commission are
   1-58  subject to audit by the state auditor in accordance with Chapter
   1-59  321, Government Code.
   1-60        SECTION 4.  Subchapter B, Chapter 444, Government Code, is
   1-61  amended by adding Sections 444.026 through 444.028 to read as
   1-62  follows:
   1-63        Sec. 444.026.  TEXAS CULTURAL ENDOWMENT FUND.  (a)  The Texas
   1-64  cultural endowment fund is a trust fund outside the state treasury.
   1-65        (b)  The legislature may not appropriate money in the
   1-66  endowment fund.
   1-67        (c)  Interest and income earned before September 1, 1994, on
   1-68  money deposited in the endowment fund shall be deposited to the
    2-1  credit of the endowment fund.  Interest and income earned on or
    2-2  after September 1, 1994, on money deposited in the endowment fund
    2-3  shall be deposited to the credit of the endowment fund and then
    2-4  transferred by the commission on September 1 of each year to the
    2-5  Texas Commission on the Arts operating fund.
    2-6        (d)  This section is exempt from the application of Sections
    2-7  403.094(h), 403.094(i), 403.095, and 404.071.
    2-8        Sec. 444.027.  TEXAS COMMISSION ON THE ARTS OPERATING FUND.
    2-9  (a)  The Texas Commission on the Arts operating fund is a special
   2-10  fund in the state treasury.
   2-11        (b)  Money deposited to the credit of the operating fund may
   2-12  be appropriated only to carry out the commission's powers and
   2-13  duties under this chapter and for necessary administrative costs
   2-14  incurred by the commission under this chapter.
   2-15        (c)  The operating fund is exempt from the application of
   2-16  Sections 403.094(h), 403.094(i), 403.095, and 404.071.  Interest
   2-17  received from investments of money in the operating fund shall be
   2-18  allocated monthly by the state treasurer to the operating fund.
   2-19        Sec. 444.028.  ENDOWMENT FUND INVESTMENT AND MANAGEMENT.
   2-20  (a)  The commission shall appoint investment managers for the
   2-21  management and investment of the Texas cultural endowment fund by
   2-22  contracting for professional investment management services with
   2-23  one or more organizations that are in the business of managing
   2-24  investments.
   2-25        (b)  In choosing and contracting for professional investment
   2-26  management services and in continuing the use of an investment
   2-27  manager, the commission shall act prudently and in the interest of
   2-28  the beneficiaries of the endowment fund.
   2-29        (c)  In making and supervising investments of the endowment
   2-30  fund, an investment manager and the commission shall discharge
   2-31  their respective duties solely in the interest of the beneficiaries
   2-32  of the fund:
   2-33              (1)  for the exclusive purposes of providing benefits
   2-34  for the beneficiaries of the fund and defraying reasonable expenses
   2-35  of administering this chapter;
   2-36              (2)  with the care, skill, prudence, and diligence
   2-37  under the prevailing circumstances that a prudent person acting in
   2-38  a like capacity and familiar with matters of the type would use in
   2-39  the conduct of an enterprise with a like character and like aims;
   2-40              (3)  by diversifying the investments of the fund to
   2-41  minimize the risk of large losses, unless under the circumstances
   2-42  it is clearly prudent not to do so; and
   2-43              (4)  in accordance with the documents and instruments
   2-44  governing the fund to the extent that the documents and instruments
   2-45  are consistent with this section.
   2-46        (d)  To be eligible for appointment under this section, an
   2-47  investment manager must be:
   2-48              (1)  registered under the Investment Advisors Act of
   2-49  1940 (15 U.S.C.  Section 80b-1 et seq.);
   2-50              (2)  a bank as defined by that Act that has a trust
   2-51  department; or
   2-52              (3)  an insurance company qualified to perform
   2-53  investment services under the laws of more than one state.
   2-54        (e)  In a contract made under this section, the commission
   2-55  shall specify any policies, requirements, or restrictions,
   2-56  including criteria for determining the quality of investments and
   2-57  for the use of standard rating services, that the commission adopts
   2-58  for investments of the endowment fund.
   2-59        (f)  A member of the commission is not liable for the acts or
   2-60  omissions of an investment manager appointed under Subsection (a).
   2-61  A member of the commission is not permitted or obligated to invest
   2-62  or otherwise to manage any asset of the fund subject to management
   2-63  by the investment manager.
   2-64        (g)  An investment manager appointed under Subsection (a)
   2-65  shall acknowledge in writing the manager's fiduciary
   2-66  responsibilities to the endowment fund.
   2-67        (h)  The commission may at any time and shall frequently
   2-68  monitor the investments made by each investment manager for the
   2-69  endowment fund.  The commission may contract for professional
   2-70  evaluation services to fulfill this requirement.
    3-1        (i)  The commission shall enter into an investment custody
    3-2  account agreement designating a bank or a depository trust company
    3-3  to serve as custodian for all assets allocated to or generated
    3-4  under a contract for professional investment management services.
    3-5        (j)  Under a custody account agreement, the commission shall
    3-6  require the designated custodian to perform the duties and assume
    3-7  the responsibilities for the endowment fund that are performed and
    3-8  assumed, in the absence of a contract, by the custodian of the
    3-9  endowment fund.  The custodian shall furnish to the commission,
   3-10  annually or more frequently if required by commission rule, a sworn
   3-11  statement of the amount of the endowment fund assets in the
   3-12  custodian's custody.
   3-13        (k)  For purposes of this section, the beneficiaries of the
   3-14  Texas cultural endowment fund are the persons who appreciate art,
   3-15  artists, and arts organizations that benefit from the performance
   3-16  of the commission's powers and duties under this chapter.
   3-17        SECTION 5.  Section 444.026, Government Code, as added by
   3-18  Section 4 of this Act, is amended by adding Subsection (e) to read
   3-19  as follows:
   3-20        (e)  Notwithstanding Subsection (c), the commission may not
   3-21  transfer from the endowment fund the amount of interest or income
   3-22  earned on money deposited in the endowment fund under Section
   3-23  154.603(b)(1), Tax Code, that is equal to the amount of private
   3-24  monetary donations made to the endowment fund during the fiscal
   3-25  year in which the interest or income was earned.  Interest or
   3-26  income remaining in the endowment fund under this subsection
   3-27  becomes part of the corpus of the endowment fund.  This subsection
   3-28  expires September 1, 2005.
   3-29        SECTION 6.  Chapter 88, General Laws, Acts of the 41st
   3-30  Legislature, 2nd Called Session, 1929 (Article 6675a-1 et seq.,
   3-31  Vernon's Texas Civil Statutes), is amended by adding Section 5m to
   3-32  read as follows:
   3-33        Sec. 5m.  (a)  The department shall design and provide for
   3-34  the issuance of special Texas Commission on the Arts plates for
   3-35  passenger cars and light commercial motor vehicles having a
   3-36  manufacturer's rated carrying capacity of one ton or less.
   3-37        (b)  The license plates must bear the words "State of the
   3-38  Arts" and be of a color, quality, and design approved by the Texas
   3-39  Commission on the Arts.
   3-40        (c)  The department shall issue a license plate under this
   3-41  section to a person who:
   3-42              (1)  applies to the county tax collector in the county
   3-43  of the person's residence on a form provided by the department; and
   3-44              (2)  pays the fee prescribed by Subsection (e) of this
   3-45  section.
   3-46        (d)  A person applying for a license plate under this section
   3-47  may:
   3-48              (1)  have a license plate number assigned by the
   3-49  department; or
   3-50              (2)  apply for a personalized prestige license plate
   3-51  under Section 5c of this Act.
   3-52        (e)  The fee for issuance of a special license plate under
   3-53  this section is $25 a year in addition to the regular registration
   3-54  fee for the vehicle imposed by Section 5 of this Act and, if a
   3-55  personalized prestige license plate is issued, in addition to the
   3-56  fee imposed by Section 5c of this Act.
   3-57        (f)  The department shall deposit $20 of each fee collected
   3-58  under this section in the state treasury to the credit of the Texas
   3-59  Commission on the Arts operating fund established under Section
   3-60  444.027, Government Code.
   3-61        (g)  The department shall deposit the remainder of each fee
   3-62  collected under this section after deposit as provided by
   3-63  Subsection (f) of this section in the state treasury to the credit
   3-64  of the State Highway Fund to be used only to defray the cost of
   3-65  administering this section.
   3-66        (h)  If a license plate issued under this section is lost,
   3-67  stolen, or mutilated, the owner of the vehicle for which the plate
   3-68  was issued may obtain a replacement plate from the department by
   3-69  paying a replacement fee of $5.  If the owner of a vehicle for
   3-70  which the plate was issued under this section disposes of the
    4-1  vehicle during a registration year, the person shall return the
    4-2  special license plate to the department.
    4-3        (i)  There is no limit to the number of passenger cars and
    4-4  light commercial motor vehicles for which a person may apply for
    4-5  issuance of a license plate under this section.
    4-6        SECTION 7.  (a)  Except as provided by Subsection (b) of this
    4-7  section, this Act takes effect September 1, 1993.
    4-8        (b)  Section 5 of this Act takes effect September 1, 1993,
    4-9  but only if the change in law proposed by H.B. No. 706, 73rd
   4-10  Legislature, Regular Session, 1993, amending Section 154.603, Tax
   4-11  Code, takes effect on or before that date.  If H.B. No. 706 does
   4-12  not take effect on or before September 1, 1993, Section 5 of this
   4-13  Act has no effect.
   4-14        SECTION 8.  The importance of this legislation and the
   4-15  crowded condition of the calendars in both houses create an
   4-16  emergency and an imperative public necessity that the
   4-17  constitutional rule requiring bills to be read on three several
   4-18  days in each house be suspended, and this rule is hereby suspended.
   4-19                               * * * * *
   4-20                                                         Austin,
   4-21  Texas
   4-22                                                         May 21, 1993
   4-23  Hon. Bob Bullock
   4-24  President of the Senate
   4-25  Sir:
   4-26  We, your Committee on Finance to which was referred H.B. No. 2223,
   4-27  have had the same under consideration, and I am instructed to
   4-28  report it back to the Senate with the recommendation that it do not
   4-29  pass, but that the Committee Substitute adopted in lieu thereof do
   4-30  pass and be printed.
   4-31                                                         Montford,
   4-32  Chairman
   4-33                               * * * * *
   4-34                               WITNESSES
   4-35  No witnesses appeared on H.B. No. 2223.