By Telford H.B. No. 1117
74R1052 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Commission
1-3 on the Arts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 444.002, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 444.002. Application of Sunset, Open Meetings, and
1-8 Administrative Procedures Laws. (a) The Texas Commission on the
1-9 Arts is subject to Chapter 325 (Texas Sunset Act). Unless
1-10 continued in existence as provided by that chapter, the commission
1-11 is abolished and this chapter expires September 1, 2007 <1995>.
1-12 (b) The commission is <and its committees are> subject to
1-13 the open meetings law, Chapter 551, and <271, Acts of the 60th
1-14 Legislature, Regular Session, 1967 (Article 6252-17, Vernon's Texas
1-15 Civil Statutes). The commission is subject to> the administrative
1-16 procedure law, Chapter 2001 <Administrative Procedure and Texas
1-17 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)>.
1-18 SECTION 2. Section 444.003, Government Code, is amended to
1-19 read as follows:
1-20 Sec. 444.003. COMPOSITION. (a) The commission is composed
1-21 of 18 members appointed by the governor with the advice and consent
1-22 of the senate. The members must represent all fields of the arts
1-23 and be widely known for their professional competence and
1-24 experience in connection with the arts. At least two members must
2-1 be residents of a county with a population of less than 50,000.
2-2 Appointments to the commission shall <must> be made without regard
2-3 to the race, color, disability <creed>, sex, religion, age, or
2-4 national origin of the appointees.
2-5 (b) A person is not eligible for appointment to the
2-6 commission if the person or the person's spouse:
2-7 (1) directly owns or controls more than a 10 percent
2-8 interest in a business entity or other organization receiving funds
2-9 from the commission; or
2-10 (2) uses or receives a substantial amount of tangible
2-11 goods, services, or funds from the commission, other than
2-12 compensation or reimbursement authorized by law for membership,
2-13 attendance, or expenses.
2-14 SECTION 3. Section 444.005, Government Code, is amended to
2-15 read as follows:
2-16 Sec. 444.005. Officers. The governor shall designate a
2-17 member of the commission as the presiding officer of the commission
2-18 to serve in that capacity at the pleasure of the governor. The
2-19 commission may elect from its members <a chairman and> other
2-20 officers.
2-21 SECTION 4. Section 444.006, Government Code, is amended to
2-22 read as follows:
2-23 Sec. 444.006. CONFLICT OF INTEREST; REMOVAL PROVISIONS.
2-24 (a) A person may not serve as a member of the commission or act as
2-25 the general counsel to the commission if the person is required to
2-26 register as a lobbyist under Chapter 305 because of the person's
2-27 activities for compensation <in or> on behalf of a profession
3-1 related to the operation of the commission <may not be a member of
3-2 or general counsel to the commission>.
3-3 (b) An officer, employee, or paid consultant of a Texas
3-4 trade association in the field of art may not be a member of the
3-5 commission or employee of the commission who is exempt from the
3-6 state's position classification plan or is compensated at or above
3-7 the amount prescribed by the General Appropriations Act for step 1,
3-8 salary group 17, of the position classification salary schedule.
3-9 <It is a ground for removal from the commission if a member
3-10 violates a prohibition established by Subsection (a). The validity
3-11 of an action of the commission is not affected by the fact that it
3-12 is taken when a ground for removal of a member exists.>
3-13 (c) A person who is the spouse of an officer, manager, or
3-14 paid consultant of a Texas trade association in the field of art
3-15 may not be a member of the commission and may not be an employee of
3-16 the commission who is exempt from the state's position
3-17 classification plan or is compensated at or above the amount
3-18 prescribed by the General Appropriations Act for step 1, salary
3-19 group 17, of the position classification salary schedule.
3-20 (d) It is a ground for removal from the commission if a
3-21 member:
3-22 (1) violates a prohibition established by this
3-23 section;
3-24 (2) cannot because of illness or disability discharge
3-25 the member's duties for a substantial part of the term for which
3-26 the member is appointed; or
3-27 (3) is absent from more than half of the regularly
4-1 scheduled commission meetings that the member is eligible to attend
4-2 during a calendar year unless the absence is excused by majority
4-3 vote of the commission.
4-4 (e) The validity of an action of the commission is not
4-5 affected by the fact that it is taken when a ground for removal of
4-6 a commission member exists.
4-7 (f) If the executive director has knowledge that a potential
4-8 ground for removal exists, the executive director shall notify the
4-9 presiding officer of the commission of the potential ground. The
4-10 presiding officer shall then notify the governor and the attorney
4-11 general that a potential ground for removal exists. If the
4-12 potential ground for removal involves the presiding officer, the
4-13 executive director shall notify the next highest officer of the
4-14 commission, who shall notify the governor and the attorney general
4-15 that a potential ground for removal exists.
4-16 (g) For the purposes of this section, a Texas trade
4-17 association is a nonprofit, cooperative, and voluntarily joined
4-18 association of business or professional competitors in this state
4-19 designed to assist its members and its industry or profession in
4-20 obtaining public money or influencing governmental policy.
4-21 SECTION 5. Section 444.007, Government Code, is amended to
4-22 read as follows:
4-23 Sec. 444.007. RESPONSIBILITIES OF COMMISSION, EXECUTIVE
4-24 DIRECTOR, AND STAFF <EMPLOYEES>. (a) The commission may employ an
4-25 executive <a> director <and other clerical employees that it
4-26 considers necessary>. The executive director shall hire the staff
4-27 of the commission.
5-1 (b) The commission shall develop and implement policies that
5-2 clearly separate the policy-making responsibilities of the
5-3 commission and the management responsibilities of the executive
5-4 director and the staff of the commission.
5-5 SECTION 6. Section 444.008(b), Government Code, is amended
5-6 to read as follows:
5-7 (b) The commission shall develop and implement policies that
5-8 provide the public with a reasonable opportunity to appear before
5-9 the commission and to speak on any issue under the jurisdiction of
5-10 the commission. <At an open meeting of the commission, a member of
5-11 the public is entitled to appear and speak on any issue under the
5-12 jurisdiction of the commission, within limits of reasonable rules
5-13 of the commission designed to expedite consideration of issues at a
5-14 meeting.>
5-15 SECTION 7. Section 444.010, Government Code, is amended to
5-16 read as follows:
5-17 Sec. 444.010. Employment Practices. (a) The executive
5-18 director <of the commission> or the executive director's designee
5-19 shall develop an intra-agency <a> career ladder program that
5-20 addresses opportunities for mobility and advancement for employees
5-21 within the commission <agency>. The program must require
5-22 intra-agency posting of all positions concurrently with any public
5-23 posting <that openings in all positions except entry level
5-24 positions be posted within the commission for at least 10 days
5-25 before they are posted for the public>.
5-26 (b) The executive director or the executive director's
5-27 designee shall develop a system of annual performance evaluations
6-1 that are <evaluation> based on documented employee performance
6-2 <measurable job tasks>. All merit <Merit> pay for commission
6-3 employees must be based on the <that> system established under this
6-4 section.
6-5 (c) The executive director or the executive director's
6-6 designee shall prepare and maintain a written policy statement
6-7 <plan> to assure implementation of a program of equal employment
6-8 opportunity under which all personnel transactions are made without
6-9 regard to race, color, disability, sex, religion, age, or national
6-10 origin. The policy statement <plan> must <cover an annual period
6-11 and be updated annually. The plan must> include:
6-12 (1) personnel policies, including policies relating to
6-13 recruitment, evaluation, selection, appointment, training, and
6-14 promotion of personnel that are in compliance with the requirements
6-15 of Chapter 21, Labor Code;
6-16 (2) a comprehensive analysis of the commission's work
6-17 force that meets federal and state guidelines;
6-18 (3) procedures by which a determination can be made
6-19 about the extent of underuse in the commission work force of all
6-20 persons for whom federal or state guidelines encourage a more
6-21 equitable balance; and
6-22 (4) reasonable methods to appropriately address those
6-23 areas of underuse <by race, sex, ethnic background, class of
6-24 position, and salary or wage;>
6-25 <(2) plans for recruitment, evaluation, selection,
6-26 appointment, training, promotion, and other personnel policies;>
6-27 <(3) steps reasonably designed to overcome identified
7-1 underuse of minorities and women in the agency's work force; and>
7-2 <(4) objectives, goals, timetables for achievement of
7-3 the objectives and goals, and assignment of responsibility for
7-4 their achievement>.
7-5 (d) A policy statement prepared under Subsection (c) must
7-6 cover an annual period, be updated annually and reviewed by the
7-7 Texas Commission on Human Rights for compliance with Subsection
7-8 (c)(1), and be filed with the governor's office <Before the
7-9 expiration of 30 days after April 1 and November 1 of each year the
7-10 commission shall submit a progress report to the governor. The
7-11 report must include a statement of the steps that the commission
7-12 has taken during the previous six months to comply with the
7-13 requirements of Subsection (c)>.
7-14 (e) The governor's office shall deliver a biennial report to
7-15 the legislature based on the information received under Subsection
7-16 (d). The report may be made separately or as a part of other
7-17 biennial reports made to the legislature.
7-18 SECTION 8. Section 444.011, Government Code, is amended to
7-19 read as follows:
7-20 Sec. 444.011. Standards of Conduct. The executive director
7-21 or the executive director's designee <As often as necessary the
7-22 commission> shall provide to <its> members of the commission and to
7-23 commission employees, as often as necessary, <staff> information
7-24 regarding their qualification for office or employment under this
7-25 chapter and their responsibilities under applicable laws relating
7-26 to standards of conduct for state officers or employees.
7-27 SECTION 9. Section 444.012, Government Code, is amended to
8-1 read as follows:
8-2 Sec. 444.012. Information of Interest; Complaints. (a) The
8-3 commission shall prepare information of public interest describing
8-4 the functions of the commission and the procedures by which <for
8-5 filing> complaints are filed with and resolved <for their
8-6 resolution> by the commission. The commission shall make the
8-7 information available to the <general> public and appropriate state
8-8 agencies.
8-9 (b) The commission by rule shall establish methods by which
8-10 consumers and grant recipients are notified of the name, mailing
8-11 address, and telephone number of the commission for the purpose of
8-12 directing complaints to the commission <keep an information file
8-13 about each complaint filed with the commission>.
8-14 (c) The commission shall keep information about each
8-15 complaint filed with the commission. The information must include:
8-16 (1) the date the complaint is received;
8-17 (2) the name of the complainant;
8-18 (3) the subject matter of the complaint;
8-19 (4) a record of all persons contacted in relation to
8-20 the complaint;
8-21 (5) a summary of the results of the review or
8-22 investigation of the complaint; and
8-23 (6) for complaints for which the commission took no
8-24 action, an explanation of the reason the complaint was closed
8-25 without action. <If a written complaint is filed with the
8-26 commission, at least quarterly and until final disposition of the
8-27 complaint the commission shall notify the parties to the complaint
9-1 of the complaint's status, unless the notice would jeopardize an
9-2 undercover investigation.>
9-3 (d) The commission shall keep a file about each written
9-4 complaint filed with the commission that the commission has
9-5 authority to resolve. The commission shall provide to the person
9-6 filing the complaint, and the persons or entities complained about,
9-7 the commission's policies and procedures pertaining to complaint
9-8 investigation and resolution. The commission, at least quarterly
9-9 and until final disposition of the complaint, shall notify the
9-10 person filing the complaint, and the persons or entities complained
9-11 about, of the status of the complaint unless the notice would
9-12 jeopardize an undercover investigation.
9-13 SECTION 10. Subchapter A, Chapter 444, Government Code, is
9-14 amended by adding Sections 444.013 and 444.014 to read as follows:
9-15 Sec. 444.013. ACCESSIBILITY. The commission shall comply
9-16 with federal and state laws related to program and facility
9-17 accessibility. The executive director shall also prepare and
9-18 maintain a written plan that describes how a person who does not
9-19 speak English can be provided reasonable access to the commission's
9-20 programs and services.
9-21 Sec. 444.014. TRAINING. (a) The commission shall establish
9-22 a training program for commission members.
9-23 (b) Before a member of the commission may assume the
9-24 member's duties and before the member may be confirmed by the
9-25 senate, the member must complete at least one course of the
9-26 training program established under this section.
9-27 (c) The training program must provide information to the
10-1 member regarding:
10-2 (1) the enabling legislation that created the
10-3 commission and its policy-making body to which the member is
10-4 appointed to serve;
10-5 (2) the programs operated by the commission;
10-6 (3) the role and functions of the commission;
10-7 (4) the rules of the commission, with an emphasis on
10-8 the rules that relate to disciplinary and investigatory authority;
10-9 (5) the current budget for the commission;
10-10 (6) the results of the most recent formal audit of the
10-11 commission;
10-12 (7) the requirements of the:
10-13 (A) open meetings law, Chapter 551;
10-14 (B) open records law, Chapter 552; and
10-15 (C) administrative procedure law, Chapter 2001;
10-16 (8) the requirements of the conflict of interest laws
10-17 and other laws relating to public officials; and
10-18 (9) any applicable ethics policies adopted by the
10-19 commission or the Texas Ethics Commission.
10-20 SECTION 11. Section 444.025, Government Code, is amended by
10-21 adding Subsections (f) and (g) to read as follows:
10-22 (f) The commission shall prepare annually a complete and
10-23 detailed written report accounting for all funds received and
10-24 disbursed by the commission during the preceding fiscal year. The
10-25 annual report must meet the reporting requirements applicable to
10-26 financial reporting provided in the General Appropriations Act.
10-27 (g) All money paid to the commission under this chapter,
11-1 other than money required to be deposited in the Texas cultural
11-2 endowment fund, is subject to Subchapter F, Chapter 404.
11-3 SECTION 12. Subchapter B, Chapter 444, Government Code, is
11-4 amended by adding Section 444.029 to read as follows:
11-5 Sec. 444.029. MEMORANDA OF UNDERSTANDING WITH OTHER STATE
11-6 AGENCIES. (a) The commission shall initiate negotiations for and
11-7 enter into a memorandum of understanding with each state agency
11-8 involved in the arts to cooperate in program planning and
11-9 budgeting.
11-10 (b) The commission shall enter into an agreement as required
11-11 by Subsection (a) with the:
11-12 (1) Central Education Agency regarding the arts in
11-13 education program in the public schools;
11-14 (2) Music, Film, Television, and Multimedia Office in
11-15 the governor's office regarding work with the state's music and
11-16 film industries; and
11-17 (3) Texas Department of Commerce, Texas Department of
11-18 Transportation, and Texas Parks and Wildlife Department regarding
11-19 state tourism promotion efforts.
11-20 (c) Each agency listed in Subsection (b) may enter into
11-21 memoranda of understanding in areas other than those listed for the
11-22 respective agency.
11-23 (d) A memorandum of understanding between the commission and
11-24 another state agency must be adopted by the governing bodies of the
11-25 commission and the other state agency.
11-26 (e) After a memorandum of understanding is adopted, the
11-27 commission shall publish the memorandum of understanding in the
12-1 Texas Register.
12-2 SECTION 13. Section 5.16(a), State Purchasing and General
12-3 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
12-4 amended to read as follows:
12-5 (a) Each using agency of the state which shall desire any
12-6 project, other than those specifically excluded by Sections 5.13
12-7 and 5.14 of this article, shall prepare and submit to the
12-8 commission a general description of the project. The description
12-9 must specify whether the using agency desires that a portion of the
12-10 cost of the project be used for fine arts projects at or near the
12-11 site of the project as provided by Section 5.18 of this article.
12-12 The commission shall cause all such projects to be studied and
12-13 shall initiate the preparation of a project analysis for all new
12-14 construction projects and for all other projects where, in the
12-15 opinion of the commission, the cost of preparing a project analysis
12-16 is justified.
12-17 SECTION 14. Section 5.18, State Purchasing and General
12-18 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
12-19 amended to read as follows:
12-20 Sec. 5.18. Fine Arts Projects. (a) Any using agency which
12-21 requests a project analysis by the commission, if the cost of the
12-22 project is estimated to exceed $250,000, may stipulate in the
12-23 general description of the project that a percentage of the
12-24 original project cost estimate not to exceed one percent shall be
12-25 used for fine arts projects at or near the site of the building
12-26 construction project, such as murals, fountains, mosaics, and other
12-27 aesthetic improvements. The using agency may consult the Texas
13-1 Commission on the Arts in preparing the general description of the
13-2 project.
13-3 (b) The using agency, commission, and the Texas Commission
13-4 on the Arts may conduct a public hearing to take testimony from
13-5 interested persons regarding the costs and benefits of using a
13-6 portion of the cost of the project for fine arts projects.
13-7 (c) The commission shall initiate negotiations for and enter
13-8 into a memorandum of understanding with the Texas Commission on the
13-9 Arts to establish guidelines for implementing this section. The
13-10 memorandum of understanding must be adopted by the governing bodies
13-11 of the commission and the Texas Commission on the Arts. After a
13-12 memorandum of understanding is adopted, the Texas Commission on the
13-13 Arts shall publish the memorandum of understanding in the Texas
13-14 Register.
13-15 (d) If the expenditures for fine arts are authorized and
13-16 appropriated by the legislature, the commission shall consult and
13-17 cooperate with the Texas Commission on the Arts for advice in
13-18 determining how to utilize the portion of the appropriation to be
13-19 used for fine arts projects.
13-20 (e) <(c)> It is the intent of the legislature that emphasis
13-21 be placed on works by living Texas artists whenever feasible.
13-22 Consideration shall be given to artists of all ethnic origins.
13-23 (f) <(d)> Nothing in this section is intended to limit,
13-24 restrict, or otherwise prohibit the commission from including
13-25 expenditures for fine arts in its original project cost estimate.
13-26 SECTION 15. The changes in law made by this Act in the
13-27 qualifications of, and the prohibitions applying to, members of the
14-1 Texas Commission on the Arts do not affect the entitlement of a
14-2 member serving on the commission immediately before September 1,
14-3 1995, to continue to carry out the functions of the commission for
14-4 the remainder of the member's term. The changes in law apply only
14-5 to a member appointed on or after September 1, 1995. This Act does
14-6 not prohibit a person who is a member of the commission on
14-7 September 1, 1995, from being reappointed to the commission if the
14-8 person has the qualifications required for a member under Chapter
14-9 444, Government Code, as amended by this Act.
14-10 SECTION 16. This Act takes effect September 1, 1995.
14-11 SECTION 17. The importance of this legislation and the
14-12 crowded condition of the calendars in both houses create an
14-13 emergency and an imperative public necessity that the
14-14 constitutional rule requiring bills to be read on three several
14-15 days in each house be suspended, and this rule is hereby suspended.