By Telford H.B. No. 1107
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the State
1-3 Preservation Board.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 443.002, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 443.002. SUNSET PROVISION. The State Preservation Board
1-8 is subject to Chapter 325 (Texas Sunset Act). Unless continued in
1-9 existence as provided by that chapter, the board is abolished and
1-10 this chapter expires September 1, 2007 [1997].
1-11 SECTION 2. Section 443.003(c), Government Code, is amended
1-12 to read as follows:
1-13 (c) The board [committee] functions performed by the
1-14 governor, lieutenant governor, speaker of the house of
1-15 representatives, and appointed senator and representative are
1-16 additional functions of their other public offices.
1-17 SECTION 3. Section 443.005(a), Government Code, is amended
1-18 to read as follows:
1-19 (a) The executive director may [board shall] employ an
1-20 architect of the Capitol who serves under the direction of the
1-21 executive director [board].
1-22 SECTION 4. Section 443.006(b), Government Code, is amended
1-23 to read as follows:
1-24 (b) The curator of the Capitol shall:
2-1 (1) assist in matters dealing with the preservation of
2-2 historic materials;
2-3 (2) develop and maintain a registration system and
2-4 inventory of the contents of the Capitol and the General Land
2-5 Office Building and their grounds and of the original documents
2-6 relating to the buildings' construction and alteration;
2-7 (3) develop a program to purchase or accept by
2-8 donation, permanent loan, or outside funding items of historical
2-9 significance that were at one time in the buildings and that are
2-10 not owned by the state;
2-11 (4) develop a program to locate and acquire
2-12 state-owned items of historical significance that were at one time
2-13 in the buildings;
2-14 (5) develop a collections policy regarding the items
2-15 of historic significance as identified in the registration system
2-16 and inventory for the approval of [the permanent advisory committee
2-17 and] the board;
2-18 (6) make recommendations on conservation needs and
2-19 make arrangements to contract for conservation services for objects
2-20 of significance;
2-21 (7) make recommendations for the transfer or loan of
2-22 objects of significance as detailed in the approved collections
2-23 policy;
2-24 (8) develop for board approval a furnishings plan for
2-25 the placement and care of objects under the care of the curator;
2-26 (9) make recommendations to transfer, sell, or
2-27 otherwise dispose of unused surplus property that is not of
3-1 significance as defined in the collections policy and by the
3-2 registration system and inventory prepared by the curator, in the
3-3 manner provided by Article 9, State Purchasing and General Services
3-4 Act (Article 601b, Vernon's Texas Civil Statutes);
3-5 (10) approve all exhibits placed in the buildings; and
3-6 (11) make a good-faith effort, with the board and the
3-7 architect, to assist Texas businesses to receive a significant
3-8 percentage of the total value of all contract awards for the
3-9 purchase of supplies, materials, services, and equipment that are
3-10 made throughout the duration of the restoration project.
3-11 SECTION 5. Section 443.007, Government Code, is amended by
3-12 adding Subsection (e) to read as follows:
3-13 (e) For purposes of Subtitle D, Title 10, Government Code,
3-14 the board is considered to be an agency in the legislative branch
3-15 of state government.
3-16 SECTION 6. Sections 443.013(b) and (d), Government Code, are
3-17 amended to read as follows:
3-18 (b) The board may charge a vendor a reasonable fee or a
3-19 percentage of gross or net sales for the right to operate in the
3-20 Capitol and may charge a royalty on items sold. Revenue received
3-21 under this section shall be deposited in the Capitol fund. Revenue
3-22 received from a food service vendor under this section shall be
3-23 deposited to the credit of a separate account in the fund. Money
3-24 [, and money] in the account may be spent [used] only for the
3-25 purchase and maintenance of equipment, furnishings, and space
3-26 related to food service in the Capitol. To the extent the balance
3-27 in the account exceeds $300,000, the excess may be transferred to
4-1 another account and may be spent for any purpose within the board's
4-2 jurisdiction.
4-3 (d) The board may establish, manage, and operate gift and
4-4 souvenir shops in the Capitol and in the General Land Office
4-5 Building. The board may deposit money it receives under this
4-6 subsection to the credit of a separate account in the Capitol fund.
4-7 Money [and may spend money] in the account may be spent only for[:]
4-8 [(1)] the benefit of the buildings and the contents
4-9 and grounds of the buildings, [;]
4-10 [(2)] educational programs related to the General Land
4-11 Office Building and the historical portion of the Capitol, [;] and
4-12 the
4-13 [(3)] operation of the gift and souvenir shops and a
4-14 Capitol Complex visitors center in the General Land Office
4-15 Building.
4-16 SECTION 7. Section 443.0131, Government Code, is amended to
4-17 read as follows:
4-18 Sec. 443.0131. RENTAL OF SPACE TO NEWS MEDIA. (a) The
4-19 board may set and collect a fee from news media representatives for
4-20 the rental of space in the Capitol. The fee shall be set in an
4-21 amount designed to recover the board's costs in furnishing and
4-22 maintaining the space.
4-23 (b) The board shall deposit money received under this
4-24 section to the credit of a separate account in the Capitol fund.
4-25 (c) Money in the account may be spent [used] only to
4-26 maintain and furnish the space rented to news media
4-27 representatives. To the extent the balance in the account exceeds
5-1 $50,000, the excess may be transferred to another account and may
5-2 be spent for any purpose within the board's jurisdiction.
5-3 SECTION 8. Section 443.003(e), Government Code, is repealed.
5-4 SECTION 9. This Act takes effect September 1, 1997.
5-5 SECTION 10. The importance of this legislation and the
5-6 crowded condition of the calendars in both houses create an
5-7 emergency and an imperative public necessity that the
5-8 constitutional rule requiring bills to be read on three several
5-9 days in each house be suspended, and this rule is hereby suspended.