1-1     By:  Telford (Senate Sponsor - Moncrief)              H.B. No. 1107

 1-2           (In the Senate - Received from the House April 14, 1997;

 1-3     April 16, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 9, 1997, rereferred to Committee on Finance;

 1-5     May 14, 1997, reported adversely, with favorable Committee

 1-6     Substitute by the following vote:  Yeas 12, Nays 0; May 14, 1997,

 1-7     sent to printer.)

 1-8     COMMITTEE SUBSTITUTE FOR H.B. No. 1107                By:  Moncrief

 1-9                            A BILL TO BE ENTITLED

1-10                                   AN ACT

1-11     relating to the continuation and functions of the State

1-12     Preservation Board.

1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-14           SECTION 1.  Section 443.002, Government Code, is amended to

1-15     read as follows:

1-16           Sec. 443.002.  SUNSET PROVISION.  The State Preservation

1-17     Board is subject to Chapter 325 (Texas Sunset Act).  Unless

1-18     continued in existence as provided by that chapter, the board is

1-19     abolished and this chapter expires September 1, 2007 [1997].

1-20           SECTION 2.  Subsections (c) and (e), Section 443.003,

1-21     Government Code, are amended to read as follows:

1-22           (c)  The board [committee] functions performed by the

1-23     governor, lieutenant governor, speaker of the house of

1-24     representatives, and appointed senator and representative are

1-25     additional functions of their other public offices.

1-26           (e)  A member of the board may designate a representative to

1-27     act, including the ability to vote, on behalf of the member during

1-28     a board meeting.  [The chairman of the permanent advisory committee

1-29     established under Section 443.008(a) serves as an ex officio,

1-30     nonvoting member of the board.]

1-31           SECTION 3.  Subsection (a), Section 443.005, Government Code,

1-32     is amended to read as follows:

1-33           (a)  The board may [shall] employ an architect of the Capitol

1-34     who serves under the direction of the board.

1-35           SECTION 4.  Chapter 443, Government Code, is amended by

1-36     adding Section 443.0054 to read as follows:

1-37           Sec. 443.0054.  BOARD PERFORMANCE.  The state auditor at

1-38     least every two years shall review the performance of the

1-39     management of the board by conducting an economy and efficiency

1-40     audit under Section 321.0133 and an effectiveness audit under

1-41     Section 321.0134.

1-42           SECTION 5.  Subsection (b), Section 443.006, Government Code,

1-43     is amended to read as follows:

1-44           (b)  The curator of the Capitol shall:

1-45                 (1)  assist in matters dealing with the preservation of

1-46     historic materials;

1-47                 (2)  develop and maintain a registration system and

1-48     inventory of the contents of the Capitol and the General Land

1-49     Office Building and their grounds and of the original documents

1-50     relating to the buildings' construction and alteration;

1-51                 (3)  develop a program to purchase or accept by

1-52     donation, permanent loan, or outside funding items of historical

1-53     significance that were at one time in the buildings and that are

1-54     not owned by the state;

1-55                 (4)  develop a program to locate and acquire

1-56     state-owned items of historical significance that were at one time

1-57     in the buildings;

1-58                 (5)  develop a collections policy regarding the items

1-59     of historic significance as identified in the registration system

1-60     and inventory for the approval of [the permanent advisory committee

1-61     and] the board;

1-62                 (6)  make recommendations on conservation needs and

1-63     make arrangements to contract for conservation services for objects

1-64     of significance;

 2-1                 (7)  make recommendations for the transfer or loan of

 2-2     objects of significance as detailed in the approved collections

 2-3     policy;

 2-4                 (8)  develop for board approval a furnishings plan for

 2-5     the placement and care of objects under the care of the curator;

 2-6                 (9)  make recommendations to transfer, sell, or

 2-7     otherwise dispose of unused surplus property that is not of

 2-8     significance as defined in the collections policy and by the

 2-9     registration system and inventory prepared by the curator, in the

2-10     manner provided by Chapter 2175 [Article 9, State Purchasing and

2-11     General Services Act (Article 601b, Vernon's Texas Civil

2-12     Statutes)];

2-13                 (10)  approve all exhibits placed in the buildings; and

2-14                 (11)  make a good-faith effort, with the board and the

2-15     architect, to assist Texas businesses to receive a significant

2-16     percentage of the total value of all contract awards for the

2-17     purchase of supplies, materials, services, and equipment that are

2-18     made throughout the duration of the restoration project.

2-19           SECTION 6.  Section 443.007, Government Code, is amended by

2-20     adding Subsection (e) to read as follows:

2-21           (e)  Subtitle D, Title 10, does not apply to a purchase or

2-22     lease described by this subsection.  The presiding officer of a

2-23     house of the legislature or the governor, as appropriate, may

2-24     approve the purchase or lease of goods and services needed to

2-25     repair, improve, or supply an area within the Capitol or Capitol

2-26     extension under the control of the house of the legislature or the

2-27     governor if:

2-28                 (1)  the cost of the purchase or lease will not exceed

2-29     $10,000; and

2-30                 (2)  the speaker of the house of representatives, the

2-31     lieutenant governor, or the governor, as appropriate, determines

2-32     that the purchase or lease needs to be made in an expeditious

2-33     manner.

2-34           SECTION 7.  Section 443.0101, Government Code, is amended by

2-35     adding Subsection (d) to read as follows:

2-36           (d)  The state auditor shall conduct an annual audit of the

2-37     fund in accordance with Chapter 321.

2-38           SECTION 8.  Subsections (b) and (d), Section 443.013,

2-39     Government Code, are amended to read as follows:

2-40           (b)  The board may charge a vendor a reasonable fee or a

2-41     percentage of gross or net sales for the right to operate in the

2-42     Capitol and may charge a royalty on items sold.  Revenue received

2-43     under this section shall be deposited in the Capitol fund.  Revenue

2-44     received from a food service vendor under this section shall be

2-45     deposited to the credit of a separate account in the fund.  Money[,

2-46     and money] in the account may be spent [used] only for the purchase

2-47     and maintenance of equipment, furnishings, and space related to

2-48     food service in the Capitol.  To the extent the balance in the

2-49     account exceeds $300,000, the excess may be transferred with board

2-50     approval to another account and may be spent for any purpose within

2-51     the board's jurisdiction.

2-52           (d)  The board may establish, manage, and operate gift and

2-53     souvenir shops in the Capitol and in the General Land Office

2-54     Building.  The board may deposit money it receives under this

2-55     subsection to the credit of a separate account in the Capitol fund.

2-56     Money [and may spend money] in the account may be spent only for[:]

2-57                 [(1)]  the benefit of the buildings and the contents

2-58     and grounds of the buildings,[;]

2-59                 [(2)]  educational programs related to the General Land

2-60     Office Building and the historical portion of the Capitol,[;] and

2-61     the

2-62                 [(3)]  operation of the gift and souvenir shops and a

2-63     Capitol Complex visitors center in the General Land Office

2-64     Building.

2-65           SECTION 9.  Section 443.0131, Government Code, is amended to

2-66     read as follows:

2-67           Sec. 443.0131.  RENTAL OF SPACE TO NEWS MEDIA.  (a)  The

2-68     board may set and collect a fee from news media representatives for

2-69     the rental of space in the Capitol.  The fee shall be set in an

 3-1     amount designed to recover the board's costs in furnishing and

 3-2     maintaining the space.

 3-3           (b)  The board shall deposit money received under this

 3-4     section to the credit of a separate account in the Capitol fund.

 3-5           (c)  Money in the account may be spent [used] only to

 3-6     maintain and furnish the space rented to news media

 3-7     representatives.  To the extent the balance in the account exceeds

 3-8     $50,000, the excess may be transferred with board approval to

 3-9     another account and may be spent for any purpose within the board's

3-10     jurisdiction.

3-11           SECTION 10.  Chapter 443, Government Code, is amended by

3-12     adding Section 443.021 to read as follows:

3-13           Sec. 443.021.  STATE MUSEUM.  The board is authorized to

3-14     develop and construct, from funds appropriated for that purpose, a

3-15     state history museum to be located within the Capitol complex.  In

3-16     this section, "Capitol complex" has the meaning assigned by Section

3-17     443.0071.

3-18           SECTION 11.  This Act takes effect September 1, 1997.

3-19           SECTION 12.  The importance of this legislation and the

3-20     crowded condition of the calendars in both houses create an

3-21     emergency and an imperative public necessity that the

3-22     constitutional rule requiring bills to be read on three several

3-23     days in each house be suspended, and this rule is hereby suspended.

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