BILL ANALYSIS


                                                         S.B. 360
                                                     By: Montford
                                                    State Affairs
                                                          2-14-95
                                     Committee Report (Unamended)
BACKGROUND

The Texas Commission on the Arts is subject to the Texas Sunset Act
and will be automatically abolished unless statutorily continued by
the legislature this session.

The commission is responsible for the development of a receptive
climate for the arts, to attract visitors and outstanding artists
to Texas, to sponsor activities aimed to encourage the arts in
Texas and advise other state agencies on how to do so, and to
advise the state on works of art and the artistic character of
state buildings.

The Sunset Commission reviewed the Texas Commission on the Arts
during the past interim and recommended its continuation for 12
years.

PURPOSE

As proposed, S.B. 360 provides for the continuation and functions
of the Texas Commission on the Arts.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Commission on the Arts under SECTION 9 (Sec.
444.012(b), Government Code) of 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.
     
     (c)  Requires the commission to keep certain information about
     each complaint filed with 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.