75R10030 PAM-D                           

         By Telford                                            H.B. No. 1107

         Substitute the following for H.B. No. 1107:

         By Telford                                        C.S.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 [board] shall employ an architect

1-20     of the Capitol who serves under the direction of the executive

1-21     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.