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. Sections 443.003(c) and (e), Government Code, are
1-12 amended 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 (e) The governor, lieutenant governor, and speaker, as a
1-18 member of the board, may designate a representative to act,
1-19 including the ability to vote, on behalf of the member during a
1-20 board meeting. [The chairman of the permanent advisory committee
1-21 established under Section 443.008(a) serves as an ex officio,
1-22 nonvoting member of the board.]
1-23 SECTION 3. Section 443.005(a), Government Code, is amended
1-24 to read as follows:
2-1 (a) The board may [shall] employ an architect of the Capitol
2-2 who serves under the direction of the board.
2-3 SECTION 4. Subsection (b), Section 443.006, Government Code,
2-4 is amended to read as follows:
2-5 (b) The curator of the Capitol shall:
2-6 (1) assist in matters dealing with the preservation of
2-7 historic materials;
2-8 (2) develop and maintain a registration system and
2-9 inventory of the contents of the Capitol and the General Land
2-10 Office Building and their grounds and of the original documents
2-11 relating to the buildings' construction and alteration;
2-12 (3) develop a program to purchase or accept by
2-13 donation, permanent loan, or outside funding items of historical
2-14 significance that were at one time in the buildings and that are
2-15 not owned by the state;
2-16 (4) develop a program to locate and acquire
2-17 state-owned items of historical significance that were at one time
2-18 in the buildings;
2-19 (5) develop a collections policy regarding the items
2-20 of historic significance as identified in the registration system
2-21 and inventory for the approval of [the permanent advisory committee
2-22 and] the board;
2-23 (6) make recommendations on conservation needs and
2-24 make arrangements to contract for conservation services for objects
2-25 of significance;
2-26 (7) make recommendations for the transfer or loan of
2-27 objects of significance as detailed in the approved collections
3-1 policy;
3-2 (8) develop for board approval a furnishings plan for
3-3 the placement and care of objects under the care of the curator;
3-4 (9) make recommendations to transfer, sell, or
3-5 otherwise dispose of unused surplus property that is not of
3-6 significance as defined in the collections policy and by the
3-7 registration system and inventory prepared by the curator, in the
3-8 manner provided by Chapter 2175 [Article 9, State Purchasing and
3-9 General Services Act (Article 601b, Vernon's Texas Civil
3-10 Statutes)];
3-11 (10) approve all exhibits placed in the buildings; and
3-12 (11) make a good-faith effort, with the board and the
3-13 architect, to assist Texas businesses to receive a significant
3-14 percentage of the total value of all contract awards for the
3-15 purchase of supplies, materials, services, and equipment that are
3-16 made throughout the duration of the restoration project.
3-17 SECTION 5. Section 443.0101, Government Code, is amended by
3-18 adding Subsection (d) to read as follows:
3-19 (d) The state auditor shall annually review the report
3-20 required by Subsection (c) and any information used in preparing
3-21 the report as determined necessary and shall report any findings or
3-22 recommendations to the board and the legislative audit committee.
3-23 SECTION 6. Sections 443.013(b) and (d), Government Code, are
3-24 amended to read as follows:
3-25 (b) The board may charge a vendor a reasonable fee or a
3-26 percentage of gross or net sales for the right to operate in the
3-27 Capitol and may charge a royalty on items sold. Revenue received
4-1 under this section shall be deposited in the Capitol fund. Revenue
4-2 received from a food service vendor under this section shall be
4-3 deposited to the credit of a separate account in the fund. Money[,
4-4 and money] in the account may be spent [used] only for the purchase
4-5 and maintenance of equipment, furnishings, and space related to
4-6 food service in the Capitol. To the extent the balance in the
4-7 account exceeds $300,000, the excess may be transferred with board
4-8 approval to another account and may be spent for any purpose within
4-9 the board's jurisdiction.
4-10 (d) The board may establish, manage, and operate gift and
4-11 souvenir shops in the Capitol and in the General Land Office
4-12 Building. The board may deposit money it receives under this
4-13 subsection to the credit of a separate account in the Capitol fund.
4-14 Money [and may spend money] in the account may be spent only for[:]
4-15 [(1)] the benefit of the buildings and the contents
4-16 and grounds of the buildings, [;]
4-17 [(2)] educational programs related to the General Land
4-18 Office Building and the historical portion of the Capitol, [;] and
4-19 the
4-20 [(3)] operation of the gift and souvenir shops and a
4-21 Capitol Complex visitors center in the General Land Office
4-22 Building.
4-23 SECTION 7. Section 443.0131, Government Code, is amended to
4-24 read as follows:
4-25 Sec. 443.0131. RENTAL OF SPACE TO NEWS MEDIA. (a) The
4-26 board may set and collect a fee from news media representatives for
4-27 the rental of space in the Capitol. The fee shall be set in an
5-1 amount designed to recover the board's costs in furnishing and
5-2 maintaining the space.
5-3 (b) The board shall deposit money received under this
5-4 section to the credit of a separate account in the Capitol fund.
5-5 (c) Money in the account may be spent [used] only to
5-6 maintain and furnish the space rented to news media
5-7 representatives. To the extent the balance in the account exceeds
5-8 $50,000, the excess may be transferred with board approval to
5-9 another account and may be spent for any purpose within the board's
5-10 jurisdiction.
5-11 SECTION 8. Chapter 443, Government Code, is amended by
5-12 adding Sections 443.021, 443.022, and 443.023 to read as follows:
5-13 Sec. 443.021. STATE MUSEUM. The board is authorized to
5-14 develop and construct, from funds appropriated for that purpose, a
5-15 state history museum to be located within the Capitol complex. In
5-16 this section, "Capitol complex" has the meaning assigned by Section
5-17 443.0071.
5-18 Sec. 443.022. AUDITS. (a) The transactions, funds, and
5-19 programs of the board are subject to audit by the state auditor in
5-20 accordance with Chapter 321.
5-21 (b) The state auditor may review the performance of the
5-22 management of the board by conducting an economy and efficiency
5-23 audit under Section 321.0133 and an effectiveness audit under
5-24 Section 321.0134. The scope and frequency of such audits shall be
5-25 determined in consultation with the legislative audit committee.
5-26 (c) The state auditor shall perform a comprehensive audit of
5-27 the transactions, funds, and programs of the board and report its
6-1 findings to the board and the legislative audit committee not later
6-2 than December 1, 1998. This subsection expires January 1, 1999.
6-3 Sec. 443.023. PURCHASE AND LEASE REQUIREMENTS FOR CERTAIN
6-4 EXPENDITURES. Subtitle D, Title 10, does not apply to a purchase
6-5 or lease described by this section. The executive director, as
6-6 appropriate, may approve in writing the purchase or lease of goods
6-7 and services needed to repair or improve an area within the
6-8 Capitol, Capitol extension, Capitol grounds, or General Land Office
6-9 building, if the cost of the purchase or lease will not exceed
6-10 $15,000.
6-11 SECTION 9. This Act takes effect September 1, 1997.
6-12 SECTION 10. The importance of this legislation and the
6-13 crowded condition of the calendars in both houses create an
6-14 emergency and an imperative public necessity that the
6-15 constitutional rule requiring bills to be read on three several
6-16 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1107 was passed by the House on April
11, 1997, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 1107 on May 28, 1997, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 1107 on June 1, 1997, by a
non-record vote; and that the House adopted H.C.R. No. 338
authorizing certain corrections in H.B. No. 1107 on June 2, 1997,
by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1107 was passed by the Senate, with
amendments, on May 26, 1997, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1107 on June 1, 1997, by a viva-voce vote; and that the Senate
adopted H.C.R. No. 338 authorizing certain corrections in H.B. No.
1107 on June 2, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor