74(R) SB 360 House Committee Report

BILL ANALYSIS

S.B. 360
By: Montford (Telford)
March 9, 1995
Committee Report (Unamended)

BACKGROUND

The Texas Fine Arts Commission was created in 1965 by the 59th
Legislature and was renamed the Texas Commission on the Arts
(TCA) in 1979. The mission of the TCA is to preserve and develop
the arts and cultural industries, expand artistic opportunities,
conserve Texas' rich and diverse artistic heritage, and encourage
the use of the arts in education. The TCA and its programs
follow a pattern used by other states to provide support for the
arts through information and technical assistance and making
grants of money, from state and federal sources, to various non-profit organizations involved in the arts. This grant process
allows the state to set its overall priorities for support and
development of the arts.

The Texas Commission on the Arts is subject to the Sunset Act and
will be abolished on September 1, 1995, unless continued by the
Legislature. As a result of its review of the Commission, the
Sunset Advisory Commission recommended continuation and several
statutory modifications that are contained in this legislation.

PURPOSE

The purpose of this bill is to continue the Texas Commission on
the Arts for a 12-year period, make statutory modifications
recommended by the Sunset Advisory Commission, and provide for
other changes. The modifications proposed by this bill:

- continue the Texas Commission on the Arts for the
usual 12-year period under the Sunset Act;

- ensure that the Commission includes the perspective
of rural counties by requiring that at least two of
the 18 Commission members be from counties with less
than 50,000 residents;

- strengthen the state's Percent for the Arts provision
by authorizing a voluntary hearings process state
agencies can use to consider whether to set- aside a portion
of construction costs for art;

- require the Commission to develop formal agreements
with other state agencies to strengthen and better define
working relationships in the areas of arts in public
education, state music and film promotion, and arts in tourism; and

- provide for other changes.

RULEMAKING AUTHORITY

In the committee's opinion, this bill grants rulemaking authority
to the Texas Commission on the Arts in the following sections:
SECTION 5 - Section 444.007, Government Code; SECTION 6 - Section
444.008; SECTION 7 - Section 444.010; SECTION 9 - Section
444.012; SECTION 10 - Section 444.013 and 444.014; SECTION 12 -
Section 444.029; SECTION 13 - Section 5.16(a), State Purchasing
and General Services Act (Article 601b, Vernon's Texas Civil
Statutes); SECTION 14 - Section 5.18. In addition, under the
general rulemaking authority already granted to the commission,
rules may be adopted to implement other new provisions found in
this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 444.002, Government Code, as follows:

Sec. 444.002. APPLICATION OF SUNSET, OPEN MEETINGS, AND
ADMINISTRATIVE PROCEDURES LAWS. (a) Provides that the Texas
Commission on the Arts (commission), unless continued in
existence as provided by this chapter, is abolished and this
chapter expires September 1, 2007, rather than 1995.

(b) Provides that the commission is subject to the open
meetings law, Chapter 551, and the administrative procedure
law, Chapter 2001.

SECTION 2. Amends Section 444.003, Government Code, as follows:

Sec. 444.003. COMPOSITION. (a) Requires at least two
members of the commission to be residents of a county with a
population of less than 50,000. Requires the appointments to
the commission to be made without regard to the race, color,
disability, sex, religion, age, or national origin of the
appointees.

(b) Provides that a person is not eligible for appointment
to the commission if the person or person's spouse has a
financial interest in a business entity or other
organization that receives funds from the commission or uses
or receives a substantial amount of tangible goods,
services, or funds from the commission, with exceptions.

SECTION 3. Amends Section 444.005, Government Code, to require
the governor to designate a member of the commission as the
presiding officer of the commission.

SECTION 4. Amends Section 444.006, Government Code, as follows:

Sec. 444.006. New title: CONFLICT OF INTEREST; REMOVAL
PROVISIONS. (a) Prohibits a person from serving as a member
of the commission or acting as the general counsel to the
commission if the person is required to register as a
lobbyist.

(b) and (c) Prohibit an officer, spouse of an officer,
manager, employee, or paid consultant of a Texas trade
association in the field of art from being a member or
employee of the commission who is exempt from the state's
position classification plan or is compensated at or above
the amount prescribed by the General Appropriations Act for
step 1, salary group 17, of the position classification
schedule.

(d) Sets forth grounds for removal of a commission member.

(e) Provides that the validity of an action of the
commission is not affected by the fact that it is taken when
a ground for removal of a commission member exists.

(f) Requires the executive director to notify the presiding
officer of the commission of a potential ground for removal.
Requires the presiding officer to then notify the governor
and the attorney general that a potential ground for removal
exists. Requires the executive director to notify the next
highest officer of the commission if the potential ground
for removal involves the presiding officer.

(g) Defines a Texas trade association.

SECTION 5. Amends Section 444.007, Government Code, as follows:

Sec. 444.007. RESPONSIBILITIES OF COMMISSION, EXECUTIVE
DIRECTOR, AND STAFF. (a) Authorizes the commission to employ
an executive director to hire the staff of the commission.

(b) Requires the commission to develop and implement
policies that clearly separate the policy-making
responsibilities of the commission and the management
responsibilities of the executive director and the staff of
the commission.

SECTION 6. Amends Section 444.008(b), Government Code, to
require the commission to develop and implement policies that
provide the public with a reasonable opportunity to appear before
the commission and to speak on any issue under the jurisdiction
of the commission.

SECTION 7. Amends Section 444.010, Government Code, as follows:

Sec. 444.010. EMPLOYMENT PRACTICES. (a) Requires the
executive director or the executive director's designee to
develop an intra-agency career ladder program that addresses
opportunities for mobility and advancement for employees
within the commission and post all positions intra-agency
concurrently with any public posting.

(b) Requires the executive director or the executive
director's designee to develop a system of annual
performance evaluations based on documented employee
performance. Requires all merit pay to be based on the
evaluation system.

(c) Requires the executive director or executive director's
designee to prepare and maintain a written policy statement
to assure equal employment opportunity. Sets forth the
requirements a policy statement must contain.

(d) Requires a policy statement under Subsection (c) to be
updated annually and reviewed by the Texas Commission on
Human Rights for compliance and be filed with the governor's
office. Deletes existing subsection.

(e) Requires the governor's office to deliver a biennial
report, separately or as a part of other biennial reports,
to the legislature based on the information received under
Subsection (d).

SECTION 8. Amends Section 444.011, Government Code, as follows:

Sec. 444.011. STANDARDS OF CONDUCT. Requires the executive
director or designee to provide to commission members and
employees information regarding their qualification for office
or employment under this chapter.

SECTION 9. Amends Section 444.012, Government Code, as follows:

Sec. 444.012. INFORMATION OF INTEREST; COMPLAINTS. (a)
Requires the commission to prepare information of public
interest describing the functions and procedures by which
complaints are filed with and resolved by the commission.

(b) Requires the commission, by rule, to establish methods by
which consumers and grant recipients are notified of the name,
mailing address, and telephone number of the commission for
the purpose of directing complaints to the commission.

(d) Requires the commission to keep a file about each written
complaint filed within the commission's jurisdiction.
Requires the commission to provide to the person filing the
complaint, and the persons or entities complained about, the
commission's policies and procedures pertaining to complaint
investigation and resolution and the status of the complaint
at least quarterly and until final disposition of the
complaint.

SECTION 10. Amends Chapter 444A, Government Code, by adding
Sections 444.013 and 444.014, as follows:

Sec. 444.013. ACCESSIBILITY. Requires the commission to
comply with federal and state laws related to program and
facility accessibility. Requires the executive director to
also prepare a written plan that describes how a person who
does not speak English can be provided reasonable access to
the commission's programs and services.

Sec. 444.014. TRAINING. (a) Requires the commission to
establish a training program for commission members.

(b) Requires a member to complete at least one course of
the training program before assuming duties and being
confirmed by the senate.

(c) Requires the training program to provide certain
information to the member.
SECTION 11. Amends Section 444.025, Government Code, by adding
Subsections (f) and (g), as follows:

(f) Requires the commission to prepare annually a complete
and detailed written report accounting for all funds received
and disbursed during the preceding fiscal year as provided in
the General Appropriations Act.

(g) Provides that all money paid to the commission under this
chapter, other than money required to be deposited in the
Texas cultural endowment fund, is subject to Chapter 404F.

SECTION 12. Amends Chapter 444B, Government Code, by adding
Section 444.029, as follows:

Sec. 444.029. MEMORANDA OF UNDERSTANDING WITH OTHER STATE
AGENCIES. (a) Requires the commission to initiate
negotiations for and enter into a memorandum of understanding
with each state agency involved in the arts to cooperate in
program planning and budgeting.

(b) Requires the commission to enter into an agreement with
certain state agencies.

(c) Authorizes each agency listed in Subsection (b) to
enter into memoranda of understanding in areas other than
those listed for the respective agency.

(d) Requires a memorandum of understanding between the
commission and another state agency to be adopted by the
governing bodies of the commission and the other state
agency.

(e) Requires the commission to publish the memorandum of
understanding, after adoption, in the Texas Register.

SECTION 13. Amends Section 5.16(a), Article 601b, V.T.C.S., to
require each using agency of the state to specify the desire that
a portion of the cost of a project be used for fine arts projects
at or near the site of the project.

SECTION 14. Amends Section 5.18, Article 601b, V.T.C.S. (State
Purchasing and Services Act), as follows:

Sec. 5.18. FINE ARTS PROJECTS. (a) Authorizes the using
agency to consult the Texas Commission on the Arts in
preparing the general description of the project. Makes
conforming changes.

(b) Authorizes the using agency, the General Services
Commission, and the Texas Commission on the Arts to conduct
a public hearing to take testimony from interested persons
regarding the costs and benefits of using a portion of the
project cost for fine arts projects.

(c) Requires the General Services Commission to initiate
negotiations for and enter into a memorandum of
understanding with the Texas Commission on the Arts to
establish guidelines for implementing this section.
Requires the memorandum of understanding to be adopted by
the governing bodies of the General Services Commission and
the Texas Commission on the Arts and published in the Texas
Register.

(d) Created from existing Subsection (b).

(e) and (f) Redesignate existing Subsections (c) and (d).

SECTION 15. Makes application of this Act prospective.
Provides that a current member of the commission is eligible for
reappointment if the member meets qualifications under this Act.

SECTION 16. Effective date: September 1, 1995.

SECTION 17. Emergency clause.

SUMMARY OF COMMITTEE ACTION

SB 360 was considered by the House Committee on State, Federal,
and International Relations in a public hearing on 8 March 1995.

The following persons testified in favor of the bill:

Mr. James D. Tittle, Chairman
Texas Commission on the Arts

Ms. Connie Ware
Marshall Regional Arts Council

Mr. Gilberto Zepeda, Jr., Commissioner
Texas Commission on the Arts

Mr. Richard E. Huff
representing himself

Dr. Francine Carraro
Texas Fine Arts Association

The following person testified neutrally on the bill:

Mr. John Paul Batiste, Executive Director
Texas Commission on the Arts

The bill was reported favorably without amendment with the
recommendation that it do pass and be printed, by a record vote
of 6 ayes, 0 nays, 0 pnv, and 3 absent.