By: Cain H.B. No. 2770
73R6403 LJD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a state agency to perform the functions
1-3 relating to preserving and promoting history that are currently
1-4 performed by certain state agencies.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Title 110A, Revised Statutes, is amended by
1-7 adding Article 6252-13g to read as follows:
1-8 Art. 6252-13g. STATE OFFICE OF HISTORICAL PROGRAMS
1-9 Sec. 1. DEFINITIONS. In this article:
1-10 (1) "Board" means the governing board of the State
1-11 Office of Historical Programs.
1-12 (2) "Office" means the State Office of Historical
1-13 Programs.
1-14 Sec. 2. OFFICE; GOVERNING BOARD. (a) The State Office of
1-15 Historical Programs is a state agency.
1-16 (b) The office is governed by a board composed of three
1-17 members appointed by the governor.
1-18 (c) Members of the board serve for two-year terms. One
1-19 member's term expires February 1 of each even-numbered year and two
1-20 members' terms expire February 1 of each odd-numbered year.
1-21 (d) A member of the board is entitled to travel expenses
1-22 incurred in performing official duties and to a per diem equal to
1-23 the maximum amount allowed on January 1 of that year for federal
1-24 employees per diem for federal income tax purposes, subject to the
2-1 same limitations provided for members of state boards and
2-2 commissions in the General Appropriations Act.
2-3 Sec. 3. PRESIDING OFFICER; MEETINGS. (a) The governor
2-4 shall designate a member of the board as presiding officer. The
2-5 presiding officer serves at the discretion of the governor.
2-6 (b) The board shall meet at least once each month and at
2-7 other times at the call of the presiding officer.
2-8 Sec. 4. SUNSET PROVISION. The State Office of Historical
2-9 Programs is subject to Chapter 325, Government Code (Texas Sunset
2-10 Act), and its subsequent amendments. Unless continued in existence
2-11 as provided by that chapter, the office is abolished and this
2-12 article expires September 1, 2005.
2-13 Sec. 5. STAFF. The office may select and employ a general
2-14 counsel, staff attorneys, and other staff necessary to perform the
2-15 office's functions.
2-16 Sec. 6. POWERS AND DUTIES. The office shall administer the
2-17 historical programs of this state and preserve and promote state
2-18 history.
2-19 SECTION 2. (a) The Texas Historical Commission and the
2-20 Antiquities Committee are abolished, and their functions are
2-21 transferred to the State Office of Historical Programs.
2-22 (b) The functions of the following agencies that relate to
2-23 the administration of historical programs or the preservation or
2-24 promotion of state history are transferred to the State Office of
2-25 Historical Programs:
2-26 (1) Parks and Wildlife Commission;
2-27 (2) General Land Office;
3-1 (3) Texas State Library and Archives Commission; and
3-2 (4) State Preservation Board.
3-3 SECTION 3. As soon as possible after the effective date of
3-4 this Act, the governor shall appoint three members to the State
3-5 Office of Historical Programs.
3-6 SECTION 4. (a) The State Office of Historical Programs and
3-7 the agencies described by Section 2(b) of this Act shall coordinate
3-8 the transfer of functions relating to historical programs as
3-9 required by this Act.
3-10 (b) The transfer of all functions relating to historical
3-11 programs to the State Office of Historical Programs shall be
3-12 accomplished as soon as possible but not later than the 45th day
3-13 after the date that the last member of the State Office of
3-14 Historical Programs qualifies for office.
3-15 (c) The transfers required by this Act include the transfer
3-16 of all assets, duties, powers, obligations, and liabilities,
3-17 including contracts, leases, real or personal property, funds,
3-18 employees, furniture, computers and other equipment, and files and
3-19 related materials used by the agencies described by Section 2(b) of
3-20 this Act in performing the functions relating to historical
3-21 programs that are transferred by this Act.
3-22 (d) A form, rule, or procedure adopted by the agencies
3-23 described by Section 2(b) of this Act that is in effect on the
3-24 effective date of this Act remains in effect on and after that date
3-25 as if adopted by the State Office of Historical Programs until
3-26 amended, repealed, withdrawn, or otherwise superseded by that
3-27 office.
4-1 (e) All unexpended appropriations for functions relating to
4-2 state historical programs that are made to the agencies described
4-3 by Section 2(b) of this Act are transferred to the State Office of
4-4 Historical Programs.
4-5 (f) The State Office of Historical Programs shall publish in
4-6 the Texas Register the date on which the transfer of functions is
4-7 accomplished.
4-8 SECTION 5. (a) On the effective date of this Act, all
4-9 functions of the Antiquities Committee and the Texas Historical
4-10 Commission are transferred to the State Office of Historical
4-11 Programs.
4-12 (b) The transfer required by this section includes the
4-13 transfer of all assets, duties, powers, obligations, and
4-14 liabilities, including contracts, leases, real or personal
4-15 property, funds, employees, furniture, computers and other
4-16 equipment, and files and related materials used by the Antiquities
4-17 Committee and the Texas Historical Commission.
4-18 (c) A form, rule, or procedure adopted by the Antiquities
4-19 Committee or the Texas Historical Commission that is in effect on
4-20 the effective date of this Act remains in effect on and after that
4-21 date as if adopted by the State Office of Historical Programs until
4-22 amended, repealed, withdrawn, or otherwise superseded by the
4-23 office.
4-24 (d) All unexpended appropriations made to the Antiquities
4-25 Committee or the Texas Historical Commission are transferred to the
4-26 State Office of Historical Programs.
4-27 SECTION 6. This Act takes effect immediately, except that
5-1 the agencies described by Section 2(b) of this Act shall continue
5-2 to perform applicable functions until the transfer of functions
5-3 required by this Act is completed, and the laws providing for those
5-4 functions are continued in effect for that purpose.
5-5 SECTION 7. The importance of this legislation and the
5-6 crowded condition of the calendars in both houses create an
5-7 emergency and an imperative public necessity that the
5-8 constitutional rule requiring bills to be read on three several
5-9 days in each house be suspended, and this rule is hereby suspended,
5-10 and that this Act take effect and be in force from and after its
5-11 passage, and it is so enacted.