BWH C.S.H.B. 2920 75(R)BILL ANALYSIS


COUNTY AFFAIRS
C.S.H.B. 2920
By: Hodge
3-26-97
Committee Report (Substituted)



BACKGROUND 

A state statute was created in 1987 to specifically allow The Sixth Floor
Museum in Dallas, Texas to charge admission.  The museum is located in the
former Texas School Book Depository building, and is operated by the
Dallas County Historical Foundation, a non-profit organization.. The
building is now owned by Dallas County which utilizes five floors for
offices. 

At the time the Museum was established the statute provided for all
admission fees to be deposited in a special County fund.  In practice the
money is deposited and then transferred back to the Foundation for
operational purposes.  This process has proven to be cumbersome.  Further,
the Museum generates some of its operating income through grants and
private gifts.  Many foundations, corporations, and individuals do not
give to governmental entities.  The bill would allow the Foundation and
the County to clarify their relationship. 

PURPOSE

To allow a nonprofit organization to contract with a county commissioners
court to operate a museum or historic site in county with a population of
1.2 million or more. 

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 Subchapter B, Chapter 316, Local Government Code, by
adding a new Section 316.022 which does the following: 

 1) Subsection (a) provides that a commissioners court of a county with a
population of 1.2 million or more may contract with a nonprofit
organization operate a museum or historically significant site in the
county, and collect an admission fee if the organization is not obligated
for capital improvements to the museum or historical site; 
 2) Subsection (b) authorizes the commissioners court to set the admission
fee; 
 3) Subsection (c) does not require the admission fees to be deposited in
the county treasury; 
 4) Subsection (d) allows the nonprofit organization to spend the
admission fees only on costs related to operating the museum or historical
site; and 
 5) Subsection (e) defines a "nonprofit organization".

SECTION 2.  Effective Date: September 1, 1997.

SECTION 3.  Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute deletes SECTION 1 of the original, and inserts a new
SECTION 1 which adds a new Section 316.022 to the Local Government Code.