SDC C.S.H.B. 1107 75(R) BILL ANALYSIS HOUSE ADMINISTRATION C.S.H.B. 1107 By: Telford 3-26-97 Committee Report (Substituted) BACKGROUND The State Preservation Board (SPB) was created in 1983 by the 68th Legislature to oversee and manage the restoration of the Capitol, construction of the Capitol Extension, renovation of the old General Land Office building, and acquisition of antiques and historically reproduced furnishings for use in the Capitol buildings. SPB's mission is changing from construction management to building management and preservation. The Board has three ex officio members and three appointed members. The ex officio members are the Governor, Lieutenant Governor, and Speaker of the House of Representatives. Of the three appointed members, one is a senator appointed by the Lieutenant Governor, one is a representative appointed by the Speaker, and one is a citizen member appointed by the Governor. SPB carries out its programs and functions through seven divisions: Administration, Curatorial, Gift Shops, Accounting, Visitors Center, Events and Exhibits, and Design and Construction. To carry out these programs, SPB had 31 employees and an operating budget of $1,393,139 in fiscal year 1996, which included $400,000 appropriated for emergency repairs and required building modifications. The State Preservation Board is subject to the Sunset Act and will be abolished September 1, 1997 unless continued by the Legislature. As a result of its review, the Sunset Advisory Commission recommended continuation. PURPOSE The purpose of this bill is to continue the Preservation Board for a 10-year period and make statutory modifications. The modifications proposed by this bill: -provide that the executive director rather than the board hire and give direction to the architect of the Capitol; -provide that SPB is considered a legislative agency for purposes of the State Purchasing and General Services Act, which applies only to executive branch state agencies; -authorize SPB to transfer balances over $300,000 in the food service vendor account to another account to be spent for any purpose within the board's jurisdiction; -authorize SPB to transfer balances over $50,000 in the news media fee account to another account to be spent for any purpose within the board's jurisdiction; -specify that SPB can spend money in the gift shop account not only for the benefit of the buildings, but also for their contents and grounds; and, -make technical corrections, such as deleting references to the permanent advisory committee, which was abolished last session. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 443.002, Government Code. Updates the State Preservation Board's Sunset date to September 1, 2007, which provides for a 10-year review. SECTION 2. Amends Section 443.003(c). Technical change. Deletes the word "committee" and replaces it with the correct term "board." SECTION 3. Amends Section 443.005(a). Provides that the executive director rather than the board hire and give direction to the architect of the Capitol. SECTION 4. Amends Section 443.006(b). Makes a conforming change by deleting a reference to the permanent advisory committee that was abolished last session. SECTION 5. Amends Section 443.007 by adding (e). Provides that SPB is considered a legislative agency for purposes of the State Purchasing and General Services Act, which applies only to executive branch state agencies. SECTION 6. Amends Section 443.013(b) and (d). (b) Authorizes SPB to transfer balances over $300,000 in the food service vendor account to another account to be spent for any purpose within the board's jurisdiction. (d) Specifies that SPB can spend money in the gift shop account not only for the benefit of the buildings, but also for the benefit of the contents and grounds of the buildings. SECTION 7. Amends Section 443.0131(a)-(c). Authorizes SPB to transfer balances over $50,000 in the news media fee account to another account to be spent for any purpose within the board's jurisdiction. Also reletters subsections. SECTION 8. Repeals Section 443.003(e). Conforming change. Repeals a reference to the permanent advisory committee that was abolished last session. SECTION 9. Specifies the effective date of the Act as September 1, 1997. SECTION 10. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute incorporates the following major changes from the original bill: 1.Deletes the provision that would allow board members to designate representatives to act on their behalf during a board meeting. 2.Provides that the executive director rather than the board hire and give direction to the architect of the Capitol. 3.Provides that SPB is considered a legislative agency for purposes of the State Purchasing and General Services Act, which applies only to executive branch state agencies. 4.Authorizes SPB to transfer balances over $300,000 in the food service vendor account to another account to be spent for any purpose within the board's jurisdiction.