SRC-CDH C.S.H.B. 1107 75(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 1107
By: Telford (Moncrief)
Finance
5-14-97
Committee Report (Substituted)


DIGEST 

Currently, the State Preservation Board (board) is subject to the Sunset
Act and is scheduled to be abolished  September 1, 1997.  The board 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 Capitol
buildings.  However, the board's mission is changing from construction
management to building management and preservation.  The board has three
ex officio members and three appointed members, and carries out its
functions through seven divisions.  In fiscal year 1996, the board had 31
employees and an operating budget of $1,393,139.  C.S.H.B. 1107 provides
for the continuation of the board for a certain time period while
statutory modifications recommended by the Sunset Advisory Commission are
completed. 

PURPOSE

As proposed, C.S.H.B. 1107 sets forth the provisions for the continuation
and functions of the State Preservation Board. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.   Amends Section 443.002, Government Code, to provide that,
unless continued in existence as provided by Chapter 325 (Texas Sunset
Act), the State Preservation Board (board) is abolished and this chapter
expires September 1, 2007, rather than September 1, 1997.   

SECTION 2. Amends Sections 443.003(c) and (e), Government Code, to provide
that board functions, rather than committee functions, performed by
certain public officials, are additional functions of their other public
offices.  Authorizes a member of the board to designate a representative
to act, including the ability to vote, on behalf of the member during a
board meeting. Deletes existing text regarding chairman of the permanent
advisory committee. 

SECTION 3. Amends Section 443.005(a), to authorize, rather than require,
the board to employ an architect of the Capitol who serves under the
direction of the board. 

SECTION 4. Amends Chapter 443, Government Code, by adding Section
443.0054, as follows: 

Sec. 443.0054.  BOARD PERFORMANCE.  Requires the state auditor to review
the performance of the management of the board by conducting an economy
and efficiency audit and an effectiveness audit at least every two years.

SECTION 5. Amends Section 443.006(b), Government Code, to delete a
provision requiring the permanent advisory committee to approve certain
collections policies developed by the Capitol curator.  Requires the
Capitol curator to make recommendations to dispose of unused surplus
property in the manner provided by Chapter 2175, rather than Article 601b,
V.T.C.S.  

SECTION 6. Amends Section 443.007, Government Code, by adding Subsection
(e), to provide  that Title 10D does not apply to a purchase or lease
described by this subsection.  Authorizes the presiding officer of a house
of the legislature or the governor, as appropriate, to approve the
purchase or lease of goods and services needed to repair, improve, or
supply certain areas within the capitol or capitol extension under certain
circumstances. 

SECTION 7. Amends Section 443.0101, Government Code, by adding Subsection
(d), to require the state auditor to conduct an annual audit of the fund
in accordance with Chapter 321. 

SECTION 8. Amends Sections 443.013(b) and (d), Government Code, to
authorize money in the account to be spent, rather than used, only for the
purchase and maintenance of equipment, furnishings, and space related to
food service in the Capitol.  Authorizes the excess balance to be
transferred, with board approval and to the extent the balance exceeds
$300,000, to another account and spent for any purpose within the board's
jurisdiction.  Authorizes money in the account to be spent only for the
contents and grounds of the buildings.  Makes conforming changes. 

SECTION 9. Amends Section 443.0131, Government Code, to authorize money in
the account to be spent, rather than used, only to maintain and furnish
the space rented to news media representatives.  Authorizes the excess to
be transferred to another account and spent for any purpose within the
board's jurisdiction, with board approval and to the extent the balance in
the account exceeds $50,000.  Makes a conforming change.     

SECTION 10. Amends Chapter 443, Government Code, by adding Section
443.021, as follows: 

Sec. 443.021.  STATE MUSEUM.  Authorizes the board to develop and
construct, from funds appropriated for that purpose, a state history
museum to be located within the Capitol complex.  Defines "Capitol
complex." 

SECTION 11. Effective date:  September 1, 1997.

SECTION 12. Emergency clause. 

SUMMARY OF COMMITTEE CHANGES

SECTION 2.

Amends Section 443.003, Government Code, to authorize a member of the
board to designate a representative to act, including the ability to vote.
Deletes existing text regarding the chairman of  the permanent advisory
committee. 

SECTION 3. 

Amends Section 443.005, Government Code, to authorize, rather than
require, the board to employ an architect of the Capitol who serves under
the board's direction.  Deletes proposed text authorizing the executive
director to do the same.   

SECTION 4.

Adds Section 443.0054, Government Code, to require the state auditor to
conduct certain audits at least every two years.   

SECTION 5.

Amends Section 443.006, Government Code, to require the Capitol curator to
make recommendations to dispose of unused surplus property in the manner
provided by Chapter 2175, rather than Article 601b, V.T.C.S. 

Deletes proposed SECTION 5, establishing that the board is considered an
agency in the legislative branch of state government. 

 SECTION 6.

Amends Section 443.007, Government Code, to provide that Title 10D does
not apply to a purchase or lease described by this subsection.  Sets forth
the terms by which the presiding officer of a house of legislature or the
governor is authorized to approve the purchase or lease of goods and
services needed to repair an area within the capitol or capitol extension. 

SECTION 7.

Amends Section 443.0101, Government Code, to require the state auditor to
conduct an annual audit of the fund.   

SECTION 8.

Amends Section 443.013, Government Code, to authorize the excess account
balance to be transferred with board approval.   

SECTION 10.

Adds Section 443.021, Government Code, to authorize the board to develop
and construct a state history museum.   

Deletes former SECTION 8.