By: Montford S.B. No. 360
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the continuation and functions of the Texas Commission
1-2 on the Arts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 444.002, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 444.002. Application of Sunset, Open Meetings, and
1-7 Administrative Procedures Laws. (a) The Texas Commission on the
1-8 Arts is subject to Chapter 325 (Texas Sunset Act). Unless
1-9 continued in existence as provided by that chapter, the commission
1-10 is abolished and this chapter expires September 1, 2007 <1995>.
1-11 (b) The commission is <and its committees are> subject to
1-12 the open meetings law, Chapter 551, and <271, Acts of the 60th
1-13 Legislature, Regular Session, 1967 (Article 6252-17, Vernon's Texas
1-14 Civil Statutes). The commission is subject to> the administrative
1-15 procedure law, Chapter 2001 <Administrative Procedure and Texas
1-16 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)>.
1-17 SECTION 2. Section 444.003, Government Code, is amended to
1-18 read as follows:
1-19 Sec. 444.003. COMPOSITION. (a) The commission is composed
1-20 of 18 members appointed by the governor with the advice and consent
1-21 of the senate. The members must represent all fields of the arts
1-22 and be widely known for their professional competence and
1-23 experience in connection with the arts. At least two members must
1-24 be residents of a county with a population of less than 50,000.
2-1 Appointments to the commission shall <must> be made without regard
2-2 to the race, color, disability <creed>, sex, religion, age, or
2-3 national origin of the appointees.
2-4 (b) A person is not eligible for appointment to the
2-5 commission if the person or the person's spouse:
2-6 (1) directly owns or controls more than a 10 percent
2-7 interest in a business entity or other organization receiving funds
2-8 from the commission; or
2-9 (2) uses or receives a substantial amount of tangible
2-10 goods, services, or funds from the commission, other than
2-11 compensation or reimbursement authorized by law for membership,
2-12 attendance, or expenses.
2-13 SECTION 3. Section 444.005, Government Code, is amended to
2-14 read as follows:
2-15 Sec. 444.005. Officers. The governor shall designate a
2-16 member of the commission as the presiding officer of the commission
2-17 to serve in that capacity at the pleasure of the governor. The
2-18 commission may elect from its members <a chairman and> other
2-19 officers.
2-20 SECTION 4. Section 444.006, Government Code, is amended to
2-21 read as follows:
2-22 Sec. 444.006. CONFLICT OF INTEREST; REMOVAL PROVISIONS.
2-23 (a) A person may not serve as a member of the commission or act as
2-24 the general counsel to the commission if the person is required to
2-25 register as a lobbyist under Chapter 305 because of the person's
2-26 activities for compensation <in or> on behalf of a profession
2-27 related to the operation of the commission <may not be a member of
3-1 or general counsel to the commission>.
3-2 (b) An officer, employee, or paid consultant of a Texas
3-3 trade association in the field of art may not be a member of the
3-4 commission or employee of the commission who is exempt from the
3-5 state's position classification plan or is compensated at or above
3-6 the amount prescribed by the General Appropriations Act for step 1,
3-7 salary group 17, of the position classification salary schedule.
3-8 <It is a ground for removal from the commission if a member
3-9 violates a prohibition established by Subsection (a). The validity
3-10 of an action of the commission is not affected by the fact that it
3-11 is taken when a ground for removal of a member exists.>
3-12 (c) A person who is the spouse of an officer, manager, or
3-13 paid consultant of a Texas trade association in the field of art
3-14 may not be a member of the commission and may not be an employee of
3-15 the commission who is exempt from the state's position
3-16 classification plan or is compensated at or above the amount
3-17 prescribed by the General Appropriations Act for step 1, salary
3-18 group 17, of the position classification salary schedule.
3-19 (d) It is a ground for removal from the commission if a
3-20 member:
3-21 (1) violates a prohibition established by this
3-22 section;
3-23 (2) cannot because of illness or disability discharge
3-24 the member's duties for a substantial part of the term for which
3-25 the member is appointed; or
3-26 (3) is absent from more than half of the regularly
3-27 scheduled commission meetings that the member is eligible to attend
4-1 during a calendar year unless the absence is excused by majority
4-2 vote of the commission.
4-3 (e) The validity of an action of the commission is not
4-4 affected by the fact that it is taken when a ground for removal of
4-5 a commission member exists.
4-6 (f) If the executive director has knowledge that a potential
4-7 ground for removal exists, the executive director shall notify the
4-8 presiding officer of the commission of the potential ground. The
4-9 presiding officer shall then notify the governor and the attorney
4-10 general that a potential ground for removal exists. If the
4-11 potential ground for removal involves the presiding officer, the
4-12 executive director shall notify the next highest officer of the
4-13 commission, who shall notify the governor and the attorney general
4-14 that a potential ground for removal exists.
4-15 (g) For the purposes of this section, a Texas trade
4-16 association is a nonprofit, cooperative, and voluntarily joined
4-17 association of business or professional competitors in this state
4-18 designed to assist its members and its industry or profession in
4-19 obtaining public money or influencing governmental policy.
4-20 SECTION 5. Section 444.007, Government Code, is amended to
4-21 read as follows:
4-22 Sec. 444.007. RESPONSIBILITIES OF COMMISSION, EXECUTIVE
4-23 DIRECTOR, AND STAFF <EMPLOYEES>. (a) The commission may employ an
4-24 executive <a> director <and other clerical employees that it
4-25 considers necessary>. The executive director shall hire the staff
4-26 of the commission.
4-27 (b) The commission shall develop and implement policies that
5-1 clearly separate the policy-making responsibilities of the
5-2 commission and the management responsibilities of the executive
5-3 director and the staff of the commission.
5-4 SECTION 6. Subsection (b), Section 444.008, Government Code,
5-5 is amended to read as follows:
5-6 (b) The commission shall develop and implement policies that
5-7 provide the public with a reasonable opportunity to appear before
5-8 the commission and to speak on any issue under the jurisdiction of
5-9 the commission. <At an open meeting of the commission, a member of
5-10 the public is entitled to appear and speak on any issue under the
5-11 jurisdiction of the commission, within limits of reasonable rules
5-12 of the commission designed to expedite consideration of issues at a
5-13 meeting.>
5-14 SECTION 7. Section 444.010, Government Code, is amended to
5-15 read as follows:
5-16 Sec. 444.010. Employment Practices. (a) The executive
5-17 director <of the commission> or the executive director's designee
5-18 shall develop an intra-agency <a> career ladder program that
5-19 addresses opportunities for mobility and advancement for employees
5-20 within the commission <agency>. The program must require
5-21 intra-agency posting of all positions concurrently with any public
5-22 posting <that openings in all positions except entry level
5-23 positions be posted within the commission for at least 10 days
5-24 before they are posted for the public>.
5-25 (b) The executive director or the executive director's
5-26 designee shall develop a system of annual performance evaluations
5-27 that are <evaluation> based on documented employee performance
6-1 <measurable job tasks>. All merit <Merit> pay for commission
6-2 employees must be based on the <that> system established under this
6-3 section.
6-4 (c) The executive director or the executive director's
6-5 designee shall prepare and maintain a written policy statement
6-6 <plan> to assure implementation of a program of equal employment
6-7 opportunity under which all personnel transactions are made without
6-8 regard to race, color, disability, sex, religion, age, or national
6-9 origin. The policy statement <plan> must <cover an annual period
6-10 and be updated annually. The plan must> include:
6-11 (1) personnel policies, including policies relating to
6-12 recruitment, evaluation, selection, appointment, training, and
6-13 promotion of personnel that are in compliance with the requirements
6-14 of Chapter 21, Labor Code;
6-15 (2) a comprehensive analysis of the commission's work
6-16 force that meets federal and state guidelines;
6-17 (3) procedures by which a determination can be made
6-18 about the extent of underuse in the commission work force of all
6-19 persons for whom federal or state guidelines encourage a more
6-20 equitable balance; and
6-21 (4) reasonable methods to address those areas of
6-22 underuse appropriately <by race, sex, ethnic background, class of
6-23 position, and salary or wage;>
6-24 <(2) plans for recruitment, evaluation, selection,
6-25 appointment, training, promotion, and other personnel policies;>
6-26 <(3) steps reasonably designed to overcome identified
6-27 underuse of minorities and women in the agency's work force; and>
7-1 <(4) objectives, goals, timetables for achievement of
7-2 the objectives and goals, and assignment of responsibility for
7-3 their achievement>.
7-4 (d) A policy statement prepared under Subsection (c) must
7-5 cover an annual period, be updated annually and reviewed by the
7-6 Commission on Human Rights for compliance with Subsection (c)(1),
7-7 and be filed with the governor's office <Before the expiration of
7-8 30 days after April 1 and November 1 of each year the commission
7-9 shall submit a progress report to the governor. The report must
7-10 include a statement of the steps that the commission has taken
7-11 during the previous six months to comply with the requirements of
7-12 Subsection (c)>.
7-13 (e) The governor's office shall deliver a biennial report to
7-14 the legislature based on the information received under Subsection
7-15 (d). The report may be made separately or as a part of other
7-16 biennial reports made to the legislature.
7-17 SECTION 8. Section 444.011, Government Code, is amended to
7-18 read as follows:
7-19 Sec. 444.011. Standards of Conduct. The executive director
7-20 or the executive director's designee <As often as necessary the
7-21 commission> shall provide to <its> members of the commission and to
7-22 commission employees, as often as necessary, <staff> information
7-23 regarding their qualification for office or employment under this
7-24 chapter and their responsibilities under applicable laws relating
7-25 to standards of conduct for state officers or employees.
7-26 SECTION 9. Section 444.012, Government Code, is amended to
7-27 read as follows:
8-1 Sec. 444.012. Information of Interest; Complaints. (a) The
8-2 commission shall prepare information of public interest describing
8-3 the functions of the commission and the procedures by which <for
8-4 filing> complaints are filed with and resolved <for their
8-5 resolution> by the commission. The commission shall make the
8-6 information available to the <general> public and appropriate state
8-7 agencies.
8-8 (b) The commission by rule shall establish methods by which
8-9 consumers and grant recipients are notified of the name, mailing
8-10 address, and telephone number of the commission for the purpose of
8-11 directing complaints to the commission <keep an information file
8-12 about each complaint filed with the commission>.
8-13 (c) The commission shall keep information about each
8-14 complaint filed with the commission. The information must include:
8-15 (1) the date the complaint is received;
8-16 (2) the name of the complainant;
8-17 (3) the subject matter of the complaint;
8-18 (4) a record of all persons contacted in relation to
8-19 the complaint;
8-20 (5) a summary of the results of the review or
8-21 investigation of the complaint; and
8-22 (6) for complaints for which the commission took no
8-23 action, an explanation of the reason the complaint was closed
8-24 without action. <If a written complaint is filed with the
8-25 commission, at least quarterly and until final disposition of the
8-26 complaint the commission shall notify the parties to the complaint
8-27 of the complaint's status, unless the notice would jeopardize an
9-1 undercover investigation.>
9-2 (d) The commission shall keep a file about each written
9-3 complaint filed with the commission that the commission has
9-4 authority to resolve. The commission shall provide to the person
9-5 filing the complaint, and the persons or entities complained about,
9-6 the commission's policies and procedures pertaining to complaint
9-7 investigation and resolution. The commission, at least quarterly
9-8 and until final disposition of the complaint, shall notify the
9-9 person filing the complaint, and the persons or entities complained
9-10 about, of the status of the complaint unless the notice would
9-11 jeopardize an undercover investigation.
9-12 SECTION 10. Subchapter A, Chapter 444, Government Code, is
9-13 amended by adding Sections 444.013 and 444.014 to read as follows:
9-14 Sec. 444.013. ACCESSIBILITY. The commission shall comply
9-15 with federal and state laws related to program and facility
9-16 accessibility. The executive director shall also prepare and
9-17 maintain a written plan that describes how a person who does not
9-18 speak English can be provided reasonable access to the commission's
9-19 programs and services.
9-20 Sec. 444.014. TRAINING. (a) The commission shall establish
9-21 a training program for commission members.
9-22 (b) Before a member of the commission may assume the
9-23 member's duties and before the member may be confirmed by the
9-24 senate, the member must complete at least one course of the
9-25 training program established under this section.
9-26 (c) The training program must provide information to the
9-27 member regarding:
10-1 (1) the enabling legislation that created the
10-2 commission and its policy-making body to which the member is
10-3 appointed to serve;
10-4 (2) the programs operated by the commission;
10-5 (3) the role and functions of the commission;
10-6 (4) the rules of the commission, with an emphasis on
10-7 the rules that relate to disciplinary and investigatory authority;
10-8 (5) the current budget for the commission;
10-9 (6) the results of the most recent formal audit of the
10-10 commission;
10-11 (7) the requirements of the:
10-12 (A) open meetings law, Chapter 551;
10-13 (B) open records law, Chapter 552; and
10-14 (C) administrative procedure law, Chapter 2001;
10-15 (8) the requirements of the conflict of interest laws
10-16 and other laws relating to public officials; and
10-17 (9) any applicable ethics policies adopted by the
10-18 commission or the Texas Ethics Commission.
10-19 SECTION 11. Section 444.025, Government Code, is amended by
10-20 adding Subsections (f) and (g) to read as follows:
10-21 (f) The commission shall prepare annually a complete and
10-22 detailed written report accounting for all funds received and
10-23 disbursed by the commission during the preceding fiscal year. The
10-24 annual report must meet the reporting requirements applicable to
10-25 financial reporting provided in the General Appropriations Act.
10-26 (g) All money paid to the commission under this chapter,
10-27 other than money required to be deposited in the Texas cultural
11-1 endowment fund, is subject to Subchapter F, Chapter 404.
11-2 SECTION 12. Subchapter B, Chapter 444, Government Code, is
11-3 amended by adding Section 444.029 to read as follows:
11-4 Sec. 444.029. MEMORANDA OF UNDERSTANDING WITH OTHER STATE
11-5 AGENCIES. (a) The commission shall initiate negotiations for and
11-6 enter into a memorandum of understanding with each state agency
11-7 involved in the arts to cooperate in program planning and
11-8 budgeting.
11-9 (b) The commission shall enter into an agreement as required
11-10 by Subsection (a) with the:
11-11 (1) Central Education Agency regarding the arts in
11-12 education program in the public schools;
11-13 (2) Music, Film, Television, and Multimedia Office in
11-14 the governor's office regarding work with the state's music and
11-15 film industries; and
11-16 (3) Texas Department of Commerce, Texas Department of
11-17 Transportation, and Parks and Wildlife Department regarding state
11-18 tourism promotion efforts.
11-19 (c) Each agency listed in Subsection (b) may enter into
11-20 memoranda of understanding in areas other than those listed for the
11-21 respective agency.
11-22 (d) A memorandum of understanding between the commission and
11-23 another state agency must be adopted by the governing bodies of the
11-24 commission and the other state agency.
11-25 (e) After a memorandum of understanding is adopted, the
11-26 commission shall publish the memorandum of understanding in the
11-27 Texas Register.
12-1 SECTION 13. Subsection (a), Section 5.16, State Purchasing
12-2 and General Services Act (Article 601b, Vernon's Texas Civil
12-3 Statutes), is amended to read as follows:
12-4 (a) Each using agency of the state which shall desire any
12-5 project, other than those specifically excluded by Sections 5.13
12-6 and 5.14 of this article, shall prepare and submit to the
12-7 commission a general description of the project. The description
12-8 must specify whether the using agency desires that a portion of the
12-9 cost of the project be used for fine arts projects at or near the
12-10 site of the project as provided by Section 5.18 of this article.
12-11 The commission shall cause all such projects to be studied and
12-12 shall initiate the preparation of a project analysis for all new
12-13 construction projects and for all other projects where, in the
12-14 opinion of the commission, the cost of preparing a project analysis
12-15 is justified.
12-16 SECTION 14. Section 5.18, State Purchasing and General
12-17 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
12-18 amended to read as follows:
12-19 Sec. 5.18. Fine Arts Projects. (a) Any using agency which
12-20 requests a project analysis by the commission, if the cost of the
12-21 project is estimated to exceed $250,000, may stipulate in the
12-22 general description of the project that a percentage of the
12-23 original project cost estimate not to exceed one percent shall be
12-24 used for fine arts projects at or near the site of the building
12-25 construction project, such as murals, fountains, mosaics, and other
12-26 aesthetic improvements. The using agency may consult the Texas
12-27 Commission on the Arts in preparing the general description of the
13-1 project.
13-2 (b) The using agency, commission, and the Texas Commission
13-3 on the Arts may conduct a public hearing to take testimony from
13-4 interested persons regarding the costs and benefits of using a
13-5 portion of the cost of the project for fine arts projects.
13-6 (c) The commission shall initiate negotiations for and enter
13-7 into a memorandum of understanding with the Texas Commission on the
13-8 Arts to establish guidelines for implementing this section. The
13-9 memorandum of understanding must be adopted by the governing bodies
13-10 of the commission and the Texas Commission on the Arts. After a
13-11 memorandum of understanding is adopted, the Texas Commission on the
13-12 Arts shall publish the memorandum of understanding in the Texas
13-13 Register.
13-14 (d) If the expenditures for fine arts are authorized and
13-15 appropriated by the legislature, the commission shall consult and
13-16 cooperate with the Texas Commission on the Arts for advice in
13-17 determining how to utilize the portion of the appropriation to be
13-18 used for fine arts projects.
13-19 (e) <(c)> It is the intent of the legislature that emphasis
13-20 be placed on works by living Texas artists whenever feasible.
13-21 Consideration shall be given to artists of all ethnic origins.
13-22 (f) <(d)> Nothing in this section is intended to limit,
13-23 restrict, or otherwise prohibit the commission from including
13-24 expenditures for fine arts in its original project cost estimate.
13-25 SECTION 15. The changes in law made by this Act in the
13-26 qualifications of and the prohibitions applying to members of the
13-27 Texas Commission on the Arts do not affect the entitlement of a
14-1 member serving on the commission immediately before September 1,
14-2 1995, to continue to carry out the functions of the commission for
14-3 the remainder of the member's term. The changes in law apply only
14-4 to a member appointed on or after September 1, 1995. This Act does
14-5 not prohibit a person who is a member of the commission on
14-6 September 1, 1995, from being reappointed to the commission if the
14-7 person has the qualifications required for a member under Chapter
14-8 444, Government Code, as amended by this Act.
14-9 SECTION 16. This Act takes effect September 1, 1995.
14-10 SECTION 17. The importance of this legislation and the
14-11 crowded condition of the calendars in both houses create an
14-12 emergency and an imperative public necessity that the
14-13 constitutional rule requiring bills to be read on three several
14-14 days in each house be suspended, and this rule is hereby suspended.