S.B. No. 360
                                        AN ACT
    1-1  relating to the continuation and functions of the Texas Commission
    1-2  on the Arts.
    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:
   2-23  (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:
   4-23  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.  Section 444.021, Government Code, is amended to
   9-13  read as follows:
   9-14        Sec. 444.021.  General Duties.  (a)  The commission shall:
   9-15              (1)  foster the development of a receptive climate for
   9-16  the arts that will culturally enrich and benefit state citizens in
   9-17  their daily lives;
   9-18              (2)  make visits and vacations to the state more
   9-19  appealing to the world;
   9-20              (3)  attract, through appropriate programs of publicity
   9-21  and education, additional outstanding artists to become state
   9-22  residents;
   9-23              (4)  direct activities such as the sponsorship of
   9-24  lectures and exhibitions and the central compilation and
   9-25  dissemination of information on the progress of the arts in the
   9-26  state;
   9-27              (5)  provide advice to the State Purchasing and General
   10-1  Services Commission, Texas Historical Commission, Texas State
   10-2  Library, Texas Tourist Development Agency, State Department of
   10-3  Highways and Public Transportation, and other state agencies to
   10-4  provide a concentrated state effort in encouraging and developing
   10-5  an appreciation for the arts in the state;
   10-6              (6)  provide advice relating to the creation,
   10-7  acquisition, construction, erection, or remodeling by the state of
   10-8  a work of art; and
   10-9              (7)  provide advice, on request of the governor,
  10-10  relating to the artistic character of buildings constructed,
  10-11  erected, or remodeled by the state.
  10-12        (b)  The commission shall not knowingly foster, encourage,
  10-13  promote, or fund any project which includes obscene material as
  10-14  defined in Section 43.21, Penal Code.
  10-15        SECTION 11.  Subchapter A, Chapter 444, Government Code, is
  10-16  amended by adding Sections 444.013 and 444.014 to read as follows:
  10-17        Sec. 444.013.  ACCESSIBILITY.  The commission shall comply
  10-18  with federal and state laws related to program and facility
  10-19  accessibility.  The executive director shall also prepare and
  10-20  maintain a written plan that describes how a person who does not
  10-21  speak English can be provided reasonable access to the commission's
  10-22  programs and services.
  10-23        Sec. 444.014.  TRAINING.  (a)  The commission shall establish
  10-24  a training program for commission members.
  10-25        (b)  Before a member of the commission may assume the
  10-26  member's duties and before the member may be confirmed by the
  10-27  senate, the member must complete at least one course of the
   11-1  training program established under this section.
   11-2        (c)  The training program must provide information to the
   11-3  member regarding:
   11-4              (1)  the enabling legislation that created the
   11-5  commission and its policy-making body to which the member is
   11-6  appointed to serve;
   11-7              (2)  the programs operated by the commission;
   11-8              (3)  the role and functions of the commission;
   11-9              (4)  the rules of the commission, with an emphasis on
  11-10  the rules that relate to disciplinary and investigatory authority;
  11-11              (5)  the current budget for the commission;
  11-12              (6)  the results of the most recent formal audit of the
  11-13  commission;
  11-14              (7)  the requirements of the:
  11-15                    (A)  open meetings law, Chapter 551;
  11-16                    (B)  open records law, Chapter 552; and
  11-17                    (C)  administrative procedure law, Chapter 2001;
  11-18              (8)  the requirements of the conflict of interest laws
  11-19  and other laws relating to public officials; and
  11-20              (9)  any applicable ethics policies adopted by the
  11-21  commission or the Texas Ethics Commission.
  11-22        SECTION 12.  Section 444.025, Government Code, is amended by
  11-23  adding Subsections (f) and (g) to read as follows:
  11-24        (f)  The commission shall prepare annually a complete and
  11-25  detailed written report accounting for all funds received and
  11-26  disbursed by the commission during the preceding fiscal year.  The
  11-27  annual report must meet the reporting requirements applicable to
   12-1  financial reporting provided in the General Appropriations Act.
   12-2        (g)  All money paid to the commission under this chapter,
   12-3  other than money required to be deposited in the Texas cultural
   12-4  endowment fund, is subject to Subchapter F, Chapter 404.
   12-5        SECTION 13.  Subchapter B, Chapter 444, Government Code, is
   12-6  amended by adding Section 444.029 to read as follows:
   12-8  AGENCIES.  (a)  The commission shall initiate negotiations for and
   12-9  enter into a memorandum of understanding with each state agency
  12-10  involved in the arts to cooperate in program planning and
  12-11  budgeting.
  12-12        (b)  The commission shall enter into an agreement as required
  12-13  by Subsection (a) with the:
  12-14              (1)  Central Education Agency regarding the arts in
  12-15  education program in the public schools;
  12-16              (2)  Music, Film, Television, and Multimedia Office in
  12-17  the governor's office regarding work with the state's music and
  12-18  film industries; and
  12-19              (3)  Texas Department of Commerce, Texas Department of
  12-20  Transportation, and Parks and Wildlife Department regarding state
  12-21  tourism promotion efforts.
  12-22        (c)  Each agency listed in Subsection (b) may enter into
  12-23  memoranda of understanding in areas other than those listed for the
  12-24  respective agency.
  12-25        (d)  A memorandum of understanding between the commission and
  12-26  another state agency must be adopted by the governing bodies of the
  12-27  commission and the other state agency.
   13-1        (e)  After a memorandum of understanding is adopted, the
   13-2  commission shall publish the memorandum of understanding in the
   13-3  Texas Register.
   13-4        SECTION 14.  Subsection (a), Section 5.16, State Purchasing
   13-5  and General Services Act (Article 601b, Vernon's Texas Civil
   13-6  Statutes), is amended to read as follows:
   13-7        (a)  Each using agency of the state which shall desire any
   13-8  project, other than those specifically excluded by Sections 5.13
   13-9  and 5.14 of this article, shall prepare and submit to the
  13-10  commission a general description of the project.  The description
  13-11  must specify whether the using agency desires that a portion of the
  13-12  cost of the project be used for fine arts projects at or near the
  13-13  site of the project as provided by Section 5.18 of this article.
  13-14  The commission shall cause all such projects to be studied and
  13-15  shall initiate the preparation of a project analysis for all new
  13-16  construction projects and for all other projects where, in the
  13-17  opinion of the commission, the cost of preparing a project analysis
  13-18  is justified.
  13-19        SECTION 15.  Section 5.18, State Purchasing and General
  13-20  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  13-21  amended to read as follows:
  13-22        Sec. 5.18.  Fine Arts Projects.  (a)  Any using agency which
  13-23  requests a project analysis by the commission, if the cost of the
  13-24  project is estimated to exceed $250,000, may stipulate in the
  13-25  general description of the project that a percentage of the
  13-26  original project cost estimate not to exceed one percent shall be
  13-27  used for fine arts projects at or near the site of the building
   14-1  construction project, such as murals, fountains, mosaics, and other
   14-2  aesthetic improvements.  The using agency may consult the Texas
   14-3  Commission on the Arts in preparing the general description of the
   14-4  project.
   14-5        (b)  The using agency, commission, and the Texas Commission
   14-6  on the Arts may conduct a public hearing to take testimony from
   14-7  interested persons regarding the costs and benefits of using a
   14-8  portion of the cost of the project for fine arts projects.
   14-9        (c)  The commission shall initiate negotiations for and enter
  14-10  into a memorandum of understanding with the Texas Commission on the
  14-11  Arts to establish guidelines for implementing this section.  The
  14-12  memorandum of understanding must be adopted by the governing bodies
  14-13  of the commission and the Texas Commission on the Arts.  After a
  14-14  memorandum of understanding is adopted, the Texas Commission on the
  14-15  Arts shall publish the memorandum of understanding in the Texas
  14-16  Register.
  14-17        (d)  If the expenditures for fine arts are authorized and
  14-18  appropriated by the legislature, the commission shall consult and
  14-19  cooperate with the Texas Commission on the Arts for advice in
  14-20  determining how to utilize the portion of the appropriation to be
  14-21  used for fine arts projects.
  14-22        (e) <(c)>  It is the intent of the legislature that emphasis
  14-23  be placed on works by living Texas artists whenever feasible.
  14-24  Consideration shall be given to artists of all ethnic origins.
  14-25        (f) <(d)>  Nothing in this section is intended to limit,
  14-26  restrict, or otherwise prohibit the commission from including
  14-27  expenditures for fine arts in its original project cost estimate.
   15-1        SECTION 16.  The changes in law made by this Act in the
   15-2  qualifications of and the prohibitions applying to members of the
   15-3  Texas Commission on the Arts do not affect the entitlement of a
   15-4  member serving on the commission immediately before September 1,
   15-5  1995, to continue to carry out the functions of the commission for
   15-6  the remainder of the member's term.  The changes in law apply only
   15-7  to a member appointed on or after September 1, 1995.  This Act does
   15-8  not prohibit a person who is a member of the commission on
   15-9  September 1, 1995, from being reappointed to the commission if the
  15-10  person has the qualifications required for a member under Chapter
  15-11  444, Government Code, as amended by this Act.
  15-12        SECTION 17.  This Act takes effect September 1, 1995.
  15-13        SECTION 18.  The importance of this legislation and the
  15-14  crowded condition of the calendars in both houses create an
  15-15  emergency and an imperative public necessity that the
  15-16  constitutional rule requiring bills to be read on three several
  15-17  days in each house be suspended, and this rule is hereby suspended.