1-1     By:  Moncrief                                          S.B. No. 771

 1-2           (In the Senate - Filed February 25, 1997; March 3, 1997, read

 1-3     first time and referred to Committee on International Relations,

 1-4     Trade, and Technology; March 20, 1997, reported favorably by the

 1-5     following vote:  Yeas 8, Nays 0; March 20, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the licensing of the name, logo, and other artwork of

 1-9     the Texas Commission on the Arts.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 444.025, Government Code, is amended to

1-12     read as follows:

1-13           Sec. 444.025.  DONATIONS; APPROPRIATIONS; LICENSING AND SALES

1-14     REVENUE; AUDIT.  (a)  The commission may accept on behalf of the

1-15     state donations of money, property, and art objects as it

1-16     determines best further the orderly development of the artistic

1-17     resources of the state.  Except as provided by Subsection (b),

1-18     money paid to the commission under this chapter shall be deposited

1-19     in the Texas cultural endowment fund.

1-20           (b)  The commission may solicit donations from an appropriate

1-21     source.  A person may designate a donation as intended for the

1-22     Texas cultural endowment fund or the Texas Commission on the Arts

1-23     operating fund.  If the person designates that a donation is

1-24     intended for a specific fund, the donation shall be deposited in

1-25     the designated fund.

1-26           (c)  The commission by rule shall establish an acquisition

1-27     policy for accepting property and art objects.

1-28           (d)  The legislature may make appropriations to the

1-29     commission to carry out the purposes of this chapter.

1-30           (e)  The commission may license for a fee the use of its name

1-31     or logo and any other artwork or graphics developed by the

1-32     commission to a private vendor for the promotion of the arts in

1-33     Texas, for fundraising for the commission, or for any other lawful

1-34     purpose of the commission.  The commission shall require that the

1-35     use of the licensed property be consistent with the mission of the

1-36     commission.  The licensing fees shall be deposited in the Texas

1-37     Commission on the Arts operating fund.

1-38           (f)  The commission may purchase and resell such items

1-39     described in Subsection (e) as it determines appropriate for the

1-40     promotion of the arts in Texas.  The net profits from those sales

1-41     shall be deposited in the Texas Commission on the Arts operating

1-42     fund.

1-43           (g)  The financial transactions of the commission are subject

1-44     to audit by the state auditor in accordance with Chapter 321,

1-45     Government Code.

1-46           (h) [(f)]  The commission shall prepare annually a complete

1-47     and detailed written report accounting for all funds received and

1-48     disbursed by the commission during the preceding fiscal year.  The

1-49     annual report must meet the reporting requirements applicable to

1-50     financial reporting provided in the General Appropriations Act.

1-51           (i) [(g)]  All money paid to the commission under this

1-52     chapter, other than money required to be deposited in the Texas

1-53     cultural endowment fund, is subject to Subchapter F, Chapter 404.

1-54           SECTION 2.  This Act takes effect September 1, 1997.

1-55           SECTION 3.  The importance of this legislation and the

1-56     crowded condition of the calendars in both houses create an

1-57     emergency and an imperative public necessity that the

1-58     constitutional rule requiring bills to be read on three several

1-59     days in each house be suspended, and this rule is hereby suspended.

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