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                               * * * * *