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.
3-24 * * * * *