1-1 By: Montford S.B. No. 360
1-2 (In the Senate - Filed January 31, 1995; February 2, 1995,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 16, 1995, reported favorably by the following vote: Yeas
1-5 13, Nays 0; February 16, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the continuation and functions of the Texas Commission
1-9 on the Arts.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 444.002, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 444.002. Application of Sunset, Open Meetings, and
1-14 Administrative Procedures Laws. (a) The Texas Commission on the
1-15 Arts is subject to Chapter 325 (Texas Sunset Act). Unless
1-16 continued in existence as provided by that chapter, the commission
1-17 is abolished and this chapter expires September 1, 2007 <1995>.
1-18 (b) The commission is <and its committees are> subject to
1-19 the open meetings law, Chapter 551, and <271, Acts of the 60th
1-20 Legislature, Regular Session, 1967 (Article 6252-17, Vernon's Texas
1-21 Civil Statutes). The commission is subject to> the administrative
1-22 procedure law, Chapter 2001 <Administrative Procedure and Texas
1-23 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes)>.
1-24 SECTION 2. Section 444.003, Government Code, is amended to
1-25 read as follows:
1-26 Sec. 444.003. COMPOSITION. (a) The commission is composed
1-27 of 18 members appointed by the governor with the advice and consent
1-28 of the senate. The members must represent all fields of the arts
1-29 and be widely known for their professional competence and
1-30 experience in connection with the arts. At least two members must
1-31 be residents of a county with a population of less than 50,000.
1-32 Appointments to the commission shall <must> be made without regard
1-33 to the race, color, disability <creed>, sex, religion, age, or
1-34 national origin of the appointees.
1-35 (b) A person is not eligible for appointment to the
1-36 commission if the person or the person's spouse:
1-37 (1) directly owns or controls more than a 10 percent
1-38 interest in a business entity or other organization receiving funds
1-39 from the commission; or
1-40 (2) uses or receives a substantial amount of tangible
1-41 goods, services, or funds from the commission, other than
1-42 compensation or reimbursement authorized by law for membership,
1-43 attendance, or expenses.
1-44 SECTION 3. Section 444.005, Government Code, is amended to
1-45 read as follows:
1-46 Sec. 444.005. Officers. The governor shall designate a
1-47 member of the commission as the presiding officer of the commission
1-48 to serve in that capacity at the pleasure of the governor. The
1-49 commission may elect from its members <a chairman and> other
1-50 officers.
1-51 SECTION 4. Section 444.006, Government Code, is amended to
1-52 read as follows:
1-53 Sec. 444.006. CONFLICT OF INTEREST; REMOVAL PROVISIONS.
1-54 (a) A person may not serve as a member of the commission or act as
1-55 the general counsel to the commission if the person is required to
1-56 register as a lobbyist under Chapter 305 because of the person's
1-57 activities for compensation <in or> on behalf of a profession
1-58 related to the operation of the commission <may not be a member of
1-59 or general counsel to the commission>.
1-60 (b) An officer, employee, or paid consultant of a Texas
1-61 trade association in the field of art may not be a member of the
1-62 commission or employee of the commission who is exempt from the
1-63 state's position classification plan or is compensated at or above
1-64 the amount prescribed by the General Appropriations Act for step 1,
1-65 salary group 17, of the position classification salary schedule.
1-66 <It is a ground for removal from the commission if a member
1-67 violates a prohibition established by Subsection (a). The validity
1-68 of an action of the commission is not affected by the fact that it
2-1 is taken when a ground for removal of a member exists.>
2-2 (c) A person who is the spouse of an officer, manager, or
2-3 paid consultant of a Texas trade association in the field of art
2-4 may not be a member of the commission and may not be an employee of
2-5 the commission who is exempt from the state's position
2-6 classification plan or is compensated at or above the amount
2-7 prescribed by the General Appropriations Act for step 1, salary
2-8 group 17, of the position classification salary schedule.
2-9 (d) It is a ground for removal from the commission if a
2-10 member:
2-11 (1) violates a prohibition established by this
2-12 section;
2-13 (2) cannot because of illness or disability discharge
2-14 the member's duties for a substantial part of the term for which
2-15 the member is appointed; or
2-16 (3) is absent from more than half of the regularly
2-17 scheduled commission meetings that the member is eligible to attend
2-18 during a calendar year unless the absence is excused by majority
2-19 vote of the commission.
2-20 (e) The validity of an action of the commission is not
2-21 affected by the fact that it is taken when a ground for removal of
2-22 a commission member exists.
2-23 (f) If the executive director has knowledge that a potential
2-24 ground for removal exists, the executive director shall notify the
2-25 presiding officer of the commission of the potential ground. The
2-26 presiding officer shall then notify the governor and the attorney
2-27 general that a potential ground for removal exists. If the
2-28 potential ground for removal involves the presiding officer, the
2-29 executive director shall notify the next highest officer of the
2-30 commission, who shall notify the governor and the attorney general
2-31 that a potential ground for removal exists.
2-32 (g) For the purposes of this section, a Texas trade
2-33 association is a nonprofit, cooperative, and voluntarily joined
2-34 association of business or professional competitors in this state
2-35 designed to assist its members and its industry or profession in
2-36 obtaining public money or influencing governmental policy.
2-37 SECTION 5. Section 444.007, Government Code, is amended to
2-38 read as follows:
2-39 Sec. 444.007. RESPONSIBILITIES OF COMMISSION, EXECUTIVE
2-40 DIRECTOR, AND STAFF <EMPLOYEES>. (a) The commission may employ an
2-41 executive <a> director <and other clerical employees that it
2-42 considers necessary>. The executive director shall hire the staff
2-43 of the commission.
2-44 (b) The commission shall develop and implement policies that
2-45 clearly separate the policy-making responsibilities of the
2-46 commission and the management responsibilities of the executive
2-47 director and the staff of the commission.
2-48 SECTION 6. Subsection (b), Section 444.008, Government Code,
2-49 is amended to read as follows:
2-50 (b) The commission shall develop and implement policies that
2-51 provide the public with a reasonable opportunity to appear before
2-52 the commission and to speak on any issue under the jurisdiction of
2-53 the commission. <At an open meeting of the commission, a member of
2-54 the public is entitled to appear and speak on any issue under the
2-55 jurisdiction of the commission, within limits of reasonable rules
2-56 of the commission designed to expedite consideration of issues at a
2-57 meeting.>
2-58 SECTION 7. Section 444.010, Government Code, is amended to
2-59 read as follows:
2-60 Sec. 444.010. Employment Practices. (a) The executive
2-61 director <of the commission> or the executive director's designee
2-62 shall develop an intra-agency <a> career ladder program that
2-63 addresses opportunities for mobility and advancement for employees
2-64 within the commission <agency>. The program must require
2-65 intra-agency posting of all positions concurrently with any public
2-66 posting <that openings in all positions except entry level
2-67 positions be posted within the commission for at least 10 days
2-68 before they are posted for the public>.
2-69 (b) The executive director or the executive director's
2-70 designee shall develop a system of annual performance evaluations
3-1 that are <evaluation> based on documented employee performance
3-2 <measurable job tasks>. All merit <Merit> pay for commission
3-3 employees must be based on the <that> system established under this
3-4 section.
3-5 (c) The executive director or the executive director's
3-6 designee shall prepare and maintain a written policy statement
3-7 <plan> to assure implementation of a program of equal employment
3-8 opportunity under which all personnel transactions are made without
3-9 regard to race, color, disability, sex, religion, age, or national
3-10 origin. The policy statement <plan> must <cover an annual period
3-11 and be updated annually. The plan must> include:
3-12 (1) personnel policies, including policies relating to
3-13 recruitment, evaluation, selection, appointment, training, and
3-14 promotion of personnel that are in compliance with the requirements
3-15 of Chapter 21, Labor Code;
3-16 (2) a comprehensive analysis of the commission's work
3-17 force that meets federal and state guidelines;
3-18 (3) procedures by which a determination can be made
3-19 about the extent of underuse in the commission work force of all
3-20 persons for whom federal or state guidelines encourage a more
3-21 equitable balance; and
3-22 (4) reasonable methods to address those areas of
3-23 underuse appropriately <by race, sex, ethnic background, class of
3-24 position, and salary or wage;>
3-25 <(2) plans for recruitment, evaluation, selection,
3-26 appointment, training, promotion, and other personnel policies;>
3-27 <(3) steps reasonably designed to overcome identified
3-28 underuse of minorities and women in the agency's work force; and>
3-29 <(4) objectives, goals, timetables for achievement of
3-30 the objectives and goals, and assignment of responsibility for
3-31 their achievement>.
3-32 (d) A policy statement prepared under Subsection (c) must
3-33 cover an annual period, be updated annually and reviewed by the
3-34 Commission on Human Rights for compliance with Subsection (c)(1),
3-35 and be filed with the governor's office <Before the expiration of
3-36 30 days after April 1 and November 1 of each year the commission
3-37 shall submit a progress report to the governor. The report must
3-38 include a statement of the steps that the commission has taken
3-39 during the previous six months to comply with the requirements of
3-40 Subsection (c)>.
3-41 (e) The governor's office shall deliver a biennial report to
3-42 the legislature based on the information received under Subsection
3-43 (d). The report may be made separately or as a part of other
3-44 biennial reports made to the legislature.
3-45 SECTION 8. Section 444.011, Government Code, is amended to
3-46 read as follows:
3-47 Sec. 444.011. Standards of Conduct. The executive director
3-48 or the executive director's designee <As often as necessary the
3-49 commission> shall provide to <its> members of the commission and to
3-50 commission employees, as often as necessary, <staff> information
3-51 regarding their qualification for office or employment under this
3-52 chapter and their responsibilities under applicable laws relating
3-53 to standards of conduct for state officers or employees.
3-54 SECTION 9. Section 444.012, Government Code, is amended to
3-55 read as follows:
3-56 Sec. 444.012. Information of Interest; Complaints. (a) The
3-57 commission shall prepare information of public interest describing
3-58 the functions of the commission and the procedures by which <for
3-59 filing> complaints are filed with and resolved <for their
3-60 resolution> by the commission. The commission shall make the
3-61 information available to the <general> public and appropriate state
3-62 agencies.
3-63 (b) The commission by rule shall establish methods by which
3-64 consumers and grant recipients are notified of the name, mailing
3-65 address, and telephone number of the commission for the purpose of
3-66 directing complaints to the commission <keep an information file
3-67 about each complaint filed with the commission>.
3-68 (c) The commission shall keep information about each
3-69 complaint filed with the commission. The information must include:
3-70 (1) the date the complaint is received;
4-1 (2) the name of the complainant;
4-2 (3) the subject matter of the complaint;
4-3 (4) a record of all persons contacted in relation to
4-4 the complaint;
4-5 (5) a summary of the results of the review or
4-6 investigation of the complaint; and
4-7 (6) for complaints for which the commission took no
4-8 action, an explanation of the reason the complaint was closed
4-9 without action. <If a written complaint is filed with the
4-10 commission, at least quarterly and until final disposition of the
4-11 complaint the commission shall notify the parties to the complaint
4-12 of the complaint's status, unless the notice would jeopardize an
4-13 undercover investigation.>
4-14 (d) The commission shall keep a file about each written
4-15 complaint filed with the commission that the commission has
4-16 authority to resolve. The commission shall provide to the person
4-17 filing the complaint, and the persons or entities complained about,
4-18 the commission's policies and procedures pertaining to complaint
4-19 investigation and resolution. The commission, at least quarterly
4-20 and until final disposition of the complaint, shall notify the
4-21 person filing the complaint, and the persons or entities complained
4-22 about, of the status of the complaint unless the notice would
4-23 jeopardize an undercover investigation.
4-24 SECTION 10. Subchapter A, Chapter 444, Government Code, is
4-25 amended by adding Sections 444.013 and 444.014 to read as follows:
4-26 Sec. 444.013. ACCESSIBILITY. The commission shall comply
4-27 with federal and state laws related to program and facility
4-28 accessibility. The executive director shall also prepare and
4-29 maintain a written plan that describes how a person who does not
4-30 speak English can be provided reasonable access to the commission's
4-31 programs and services.
4-32 Sec. 444.014. TRAINING. (a) The commission shall establish
4-33 a training program for commission members.
4-34 (b) Before a member of the commission may assume the
4-35 member's duties and before the member may be confirmed by the
4-36 senate, the member must complete at least one course of the
4-37 training program established under this section.
4-38 (c) The training program must provide information to the
4-39 member regarding:
4-40 (1) the enabling legislation that created the
4-41 commission and its policy-making body to which the member is
4-42 appointed to serve;
4-43 (2) the programs operated by the commission;
4-44 (3) the role and functions of the commission;
4-45 (4) the rules of the commission, with an emphasis on
4-46 the rules that relate to disciplinary and investigatory authority;
4-47 (5) the current budget for the commission;
4-48 (6) the results of the most recent formal audit of the
4-49 commission;
4-50 (7) the requirements of the:
4-51 (A) open meetings law, Chapter 551;
4-52 (B) open records law, Chapter 552; and
4-53 (C) administrative procedure law, Chapter 2001;
4-54 (8) the requirements of the conflict of interest laws
4-55 and other laws relating to public officials; and
4-56 (9) any applicable ethics policies adopted by the
4-57 commission or the Texas Ethics Commission.
4-58 SECTION 11. Section 444.025, Government Code, is amended by
4-59 adding Subsections (f) and (g) to read as follows:
4-60 (f) The commission shall prepare annually a complete and
4-61 detailed written report accounting for all funds received and
4-62 disbursed by the commission during the preceding fiscal year. The
4-63 annual report must meet the reporting requirements applicable to
4-64 financial reporting provided in the General Appropriations Act.
4-65 (g) All money paid to the commission under this chapter,
4-66 other than money required to be deposited in the Texas cultural
4-67 endowment fund, is subject to Subchapter F, Chapter 404.
4-68 SECTION 12. Subchapter B, Chapter 444, Government Code, is
4-69 amended by adding Section 444.029 to read as follows:
4-70 Sec. 444.029. MEMORANDA OF UNDERSTANDING WITH OTHER STATE
5-1 AGENCIES. (a) The commission shall initiate negotiations for and
5-2 enter into a memorandum of understanding with each state agency
5-3 involved in the arts to cooperate in program planning and
5-4 budgeting.
5-5 (b) The commission shall enter into an agreement as required
5-6 by Subsection (a) with the:
5-7 (1) Central Education Agency regarding the arts in
5-8 education program in the public schools;
5-9 (2) Music, Film, Television, and Multimedia Office in
5-10 the governor's office regarding work with the state's music and
5-11 film industries; and
5-12 (3) Texas Department of Commerce, Texas Department of
5-13 Transportation, and Parks and Wildlife Department regarding state
5-14 tourism promotion efforts.
5-15 (c) Each agency listed in Subsection (b) may enter into
5-16 memoranda of understanding in areas other than those listed for the
5-17 respective agency.
5-18 (d) A memorandum of understanding between the commission and
5-19 another state agency must be adopted by the governing bodies of the
5-20 commission and the other state agency.
5-21 (e) After a memorandum of understanding is adopted, the
5-22 commission shall publish the memorandum of understanding in the
5-23 Texas Register.
5-24 SECTION 13. Subsection (a), Section 5.16, State Purchasing
5-25 and General Services Act (Article 601b, Vernon's Texas Civil
5-26 Statutes), is amended to read as follows:
5-27 (a) Each using agency of the state which shall desire any
5-28 project, other than those specifically excluded by Sections 5.13
5-29 and 5.14 of this article, shall prepare and submit to the
5-30 commission a general description of the project. The description
5-31 must specify whether the using agency desires that a portion of the
5-32 cost of the project be used for fine arts projects at or near the
5-33 site of the project as provided by Section 5.18 of this article.
5-34 The commission shall cause all such projects to be studied and
5-35 shall initiate the preparation of a project analysis for all new
5-36 construction projects and for all other projects where, in the
5-37 opinion of the commission, the cost of preparing a project analysis
5-38 is justified.
5-39 SECTION 14. Section 5.18, State Purchasing and General
5-40 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
5-41 amended to read as follows:
5-42 Sec. 5.18. Fine Arts Projects. (a) Any using agency which
5-43 requests a project analysis by the commission, if the cost of the
5-44 project is estimated to exceed $250,000, may stipulate in the
5-45 general description of the project that a percentage of the
5-46 original project cost estimate not to exceed one percent shall be
5-47 used for fine arts projects at or near the site of the building
5-48 construction project, such as murals, fountains, mosaics, and other
5-49 aesthetic improvements. The using agency may consult the Texas
5-50 Commission on the Arts in preparing the general description of the
5-51 project.
5-52 (b) The using agency, commission, and the Texas Commission
5-53 on the Arts may conduct a public hearing to take testimony from
5-54 interested persons regarding the costs and benefits of using a
5-55 portion of the cost of the project for fine arts projects.
5-56 (c) The commission shall initiate negotiations for and enter
5-57 into a memorandum of understanding with the Texas Commission on the
5-58 Arts to establish guidelines for implementing this section. The
5-59 memorandum of understanding must be adopted by the governing bodies
5-60 of the commission and the Texas Commission on the Arts. After a
5-61 memorandum of understanding is adopted, the Texas Commission on the
5-62 Arts shall publish the memorandum of understanding in the Texas
5-63 Register.
5-64 (d) If the expenditures for fine arts are authorized and
5-65 appropriated by the legislature, the commission shall consult and
5-66 cooperate with the Texas Commission on the Arts for advice in
5-67 determining how to utilize the portion of the appropriation to be
5-68 used for fine arts projects.
5-69 (e) <(c)> It is the intent of the legislature that emphasis
5-70 be placed on works by living Texas artists whenever feasible.
6-1 Consideration shall be given to artists of all ethnic origins.
6-2 (f) <(d)> Nothing in this section is intended to limit,
6-3 restrict, or otherwise prohibit the commission from including
6-4 expenditures for fine arts in its original project cost estimate.
6-5 SECTION 15. The changes in law made by this Act in the
6-6 qualifications of and the prohibitions applying to members of the
6-7 Texas Commission on the Arts do not affect the entitlement of a
6-8 member serving on the commission immediately before September 1,
6-9 1995, to continue to carry out the functions of the commission for
6-10 the remainder of the member's term. The changes in law apply only
6-11 to a member appointed on or after September 1, 1995. This Act does
6-12 not prohibit a person who is a member of the commission on
6-13 September 1, 1995, from being reappointed to the commission if the
6-14 person has the qualifications required for a member under Chapter
6-15 444, Government Code, as amended by this Act.
6-16 SECTION 16. This Act takes effect September 1, 1995.
6-17 SECTION 17. The importance of this legislation and the
6-18 crowded condition of the calendars in both houses create an
6-19 emergency and an imperative public necessity that the
6-20 constitutional rule requiring bills to be read on three several
6-21 days in each house be suspended, and this rule is hereby suspended.
6-22 * * * * *