BILL ANALYSIS
S.B. 369
By: Moncrief
Administration
3-23-95
Committee Report (Unamended)
BACKGROUND
The State Preservation Board (board) was created in 1983 by the
68th Legislature to oversee and manage the restoration of the
Capitol, construction of the Capitol Extension, renovation of the
old General Land Office building, and acquisition of antiques and
historically reproduced furnishings for use in the Capitol
buildings. The board's mission is changing from construction
management to building management and preservation.
The board is subject to the Sunset Act and will be abolished
September 1, 1995, unless continued by the legislature. As a
result of its review, the Sunset Advisory Commission recommended
continuing the board until September 1, 1997, and making several
statutory modifications contained in this legislation.
PURPOSE
As proposed, S.B. 369 changes the sunset date for the State
Preservation Board to September 1, 1997, and sets forth provisions
for the composition and function of the board.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the State Preservation Board under SECTION 4 (Section
443.0045(b), Government Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 443.002, Government Code, to extend the
date this chapter expires to September 1, 1997.
SECTION 2. Amends Section 443.003(a), Government Code, to require
the member of the State Preservation Board (board) appointed by the
governor to be a representative of the general public. Sets forth
the circumstances which make a person ineligible to be the public
member.
SECTION 3. Amends Chapter 443, Government Code, by adding Sections
443.0031-443.0033, as follows:
Sec. 443.0031. LOBBYING PROHIBITION. Prohibits a person from
serving as the public member of the board or acting as the
general counsel to the board if the person is required to
register as a lobbyist under Chapter 305 because of the
person's activities for compensation on behalf of a profession
related to the board's operation.
Sec. 443.0032. ANTIDISCRIMINATION POLICY FOR APPOINTMENTS TO
BOARD. Requires appointments to the board to be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointees.
Sec. 443.0033. GROUNDS FOR REMOVAL FROM BOARD. (a) Sets
forth the grounds for removal of the public member.
(b) Provides that, when a ground for removal of a board
member exists, the validity of a board action is not
affected.
(c) Requires the executive director, if the director has
knowledge that a potential ground for removal exists, to
notify the governor of the potential ground. Requires the
governor to notify the attorney general that a potential
ground for removal exists.
SECTION 4. Amends Chapter 443, Government Code, by adding Sections
443.0041-443.0048, as follows:
Sec. 443.0041. APPLICATION OF OPEN MEETINGS AND
ADMINISTRATIVE PROCEDURE LAWS. Subjects the board to the open
meetings law, Chapter 551, and the administrative procedure
law, Chapter 2001.
Sec. 443.0042. INFORMATION ON RESPONSIBILITIES OF BOARD
MEMBERS AND EMPLOYEES. Requires the executive director or
designee to provide to the board members and board employees
information regarding their responsibilities.
Sec. 443.0043. SEPARATION OF POLICYMAKING AND MANAGEMENT
RESPONSIBILITIES. Requires the board to develop and implement
policies that clearly separate the policymaking
responsibilities of the board and the management
responsibilities of the executive director and the board
staff.
Sec. 443.0044. ACCESSIBILITY PLAN AND COMPLIANCE. Requires
the board to comply with federal and state laws related to
program and facility accessibility. Requires the executive
director to prepare and maintain a written plan describing how
a non-English speaking person can be provided reasonable
access to the board's programs and services.
Sec. 443.0045. PUBLIC NOTIFICATION OF BOARD ACTIVITIES. (a)
Requires the board to prepare information, to be made
available to the public and appropriate agencies, describing
the functions of the board and the procedures for filing
complaints with and resolution by the board.
(b) Requires the board, by rule, to establish methods by
which consumers and service recipients are notified of the
name, mailing address, and telephone number of the board in
order to direct complaints to the board.
Sec. 443.0046. PUBLIC TESTIMONY AT BOARD MEETINGS. Requires
the board to develop and implement policies providing the
public with a reasonable opportunity to appear and speak
before the board.
Sec. 443.0047. MAINTAINING INFORMATION ON COMPLAINTS FILED
WITH BOARD. Requires the board to keep specific information
about each complaint filed.
Sec. 443.0048. INFORMATION ON STATUS OF COMPLAINTS. Requires
the board to keep a file about each written complaint that the
board has authority to resolve, to provide to the filer and
the subjects of the complaint the board's policies and
procedures pertaining to complaint investigation and
resolution, and to notify the filer and subjects at least
quarterly of the status of the complaint.
SECTION 5. Amends Section 443.0051, Government Code, by adding
Subsection (c) to require the executive director to prepare an
annual report of all funds received and disbursed by the board
during the preceding fiscal year.
SECTION 6. Amends Chapter 443, Government Code, by adding Sections
443.0052 and 443.0053, as follows:
Sec. 443.0052. EQUAL EMPLOYMENT OPPORTUNITY. (a) Requires
the executive director or designee to prepare and maintain a
policy statement assuring the implementation of a program of
equal employment opportunity. Sets forth the required
contents of the statement.
(b) Requires a policy statement to cover an annual period,
be updated annually and reviewed for compliance with
Subsection (a)(1) by the Texas Commission on Human Rights,
and be filed with the governor's office.
(c) Requires the governor's office to deliver a biennial
report to the legislature based on the information received
under Subsection (b).
Sec. 443.0053. EMPLOYEE PERFORMANCE EVALUATIONS. Requires
the executive director or designee to develop a system of
annual performance evaluations based on documented employee
performance. Requires all merit pay for board members to be
based on the system established under this section.
SECTION 7. Amends Chapter 443, Government Code, by adding Section
443.0102, as follows:
Sec. 443.0102. APPLICATION OF STATE FUNDS REFORM ACT. (a)
Subjects all money paid to the board under this chapter to
Chapter 404F, except as provided by Subsection (b).
(b) Provides that the Capitol fund created by Section
443.0101 is not subject to Chapter 404F, and takes
precedence for deposit as required by law.
SECTION 8. Effective date: September 1, 1995.
SECTION 9. Emergency clause.