Amend CSSB 494 by striking all below the enacting clause and
substituting the following:
SECTION 1. Subsection (b), Section 443.004, Government Code,
is amended to read as follows:
(b) The board shall meet <at least quarterly each year and
at other times> at the call of the governor and as provided by
board rules.
SECTION 2. Section 443.005, Government Code, is amended to
read as follows:
Sec. 443.005. ARCHITECT OF THE CAPITOL. (a) The executive
director <board> may employ an architect of the Capitol who serves
under the direction of the executive director <board>.
(b) The architect of the Capitol must:
(1) have a bachelor's degree from an institution of
higher education;
(2) be registered to practice architecture in this
state; and
(3) have at least four years' experience in various
aspects of architectural preservation, including historical
research, preparation of plans and specifications, personnel
management, policy development, and budget management.
<(c) The architect of the Capitol shall:>
<(1) develop for board approval a master plan with a
projection of at least 20 years concerning the maintenance,
preservation, restoration, and modification of the Capitol and the
General Land Office Building and their grounds, including a plan to
restore the buildings to their original architecture;>
<(2) review an annual work program and budget prepared
under the direction of the executive director to support the master
plan; and>
<(3) develop a program to purchase or accept by
donation, permanent loan, or outside funding items necessary to
implement the master plan.>
SECTION 3. Subsections (a) and (b), Section 443.0051,
Government Code, are amended to read as follows:
(a) The board may employ an executive director who serves
under the sole direction of the board<, or the board may assign the
duties of an executive director to the architect of the Capitol as
additional duties of the architect's employment>.
(b) The executive director shall:
(1) employ staff necessary to administer the functions
of the office and contract for professional services of qualified
consultants, including architectural historians, landscape
architects with experience in landscape architectural preservation,
conservators, historians, historic architects, engineers, and
craftsmen;
(2) direct and coordinate the activities of the
architect of the Capitol, the curator of the Capitol, and other
board employees; and
(3) provide for the preparation of and recommend for
board approval an annual budget and work plan consistent with the
master plan for <of the architect of> the Capitol and the
furnishings plan <of the curator> of the Capitol for all work under
this chapter, including usual maintenance for the buildings, their
contents, and their grounds.
SECTION 4. Chapter 443, Government Code, is amended by
adding Section 443.0054 to read as follows:
Sec. 443.0054. COMPENSATORY TIME FOR EMPLOYEES EXEMPT FROM
FLSA. For employees who are not subject to the overtime provisions
of the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et
seq.), as amended, the board shall allow compensatory time off in
accordance with a schedule adopted by the board for hours worked in
a week in which the combination of hours worked, paid leave, and
holidays exceeds a total of 40 hours.
SECTION 5. Subsection (b), Section 443.006, Government Code,
is amended to read as follows:
(b) The curator of the Capitol shall:
(1) assist in matters dealing with the preservation of
historic materials;
(2) develop and maintain a registration system and
inventory of the contents of the Capitol and the General Land
Office Building and their grounds <and of the original documents
relating to the buildings' construction and alteration>;
(3) develop a program to purchase or accept by
donation, permanent loan, or outside funding items of historical
significance that were at one time in the buildings and that are
not owned by the state;
(4) develop a program to locate and acquire
state-owned items of historical significance that were at one time
in the buildings;
(5) develop a collections policy regarding the items
of historic significance as identified in the registration system
and inventory for the approval of the board;
(6) make recommendations on conservation needs and
make arrangements to contract for conservation services for objects
of significance;
(7) make recommendations for the transfer or loan of
objects of significance as detailed in the approved collections
policy;
(8) develop for board approval a furnishings plan for
the placement and care of objects under the care of the curator;
(9) make recommendations to transfer, sell, or
otherwise dispose of unused surplus property that is not of
significance as defined in the collections policy and by the
registration system and inventory prepared by the curator, in the
manner provided by Chapter 2175;
(10) approve all exhibits placed in the buildings; and
(11) make a good-faith effort, with the board and the
architect, to assist Texas businesses to receive a significant
percentage of the total value of all contract awards for the
purchase of supplies, materials, services, and equipment that are
made throughout the duration of the restoration project.
SECTION 6. Subsection (a), Section 443.007, Government Code,
is amended to read as follows:
(a) The board shall:
(1) preserve, maintain, and restore the Capitol, the
General Land Office Building, their contents, and their grounds;
(2) define the buildings' grounds, except that the
grounds may not include another state office building;
(3) review and approve the executive director's annual
budget and work plan, the <architect of the Capitol's> long-range
master plan for the buildings and their grounds, and the <curator
of the Capitol's> furnishings plan for placement and care of
objects under the care of the curator;
(4) approve all changes to the buildings and their
grounds, including usual maintenance and any transfers or loans of
objects under the curator of the Capitol's care;
(5) define and identify<, with the architect of the
Capitol,> all significant aspects of the buildings and their
grounds;
(6) define and identify, with the curator of the
Capitol, all significant contents of the buildings and all
state-owned items of historical significance that were at one time
in the buildings; and
(7) maintain records <archives> relating to the
construction and development of the buildings, their contents, and
their grounds, including documents such as plans, specifications,
photographs, purchase orders, and other related documents, the
original copies of which shall be maintained by the Texas State
Library and Archives Commission.
SECTION 7. Subsection (d), Section 443.007, Government Code,
is amended to read as follows:
(d) The board may purchase insurance policies to insure the
buildings, <and> the contents of the buildings, and any other
personal property against any insurable risk, including insurance
covering historical artifacts, art, or other items on loan to the
board <that arises out of a construction or preservation project>.
SECTION 8. Chapter 443, Government Code, is amended by
adding Section 443.0072 to read as follows:
Sec. 443.0072. POWERS AND DUTIES RELATING TO OTHER BUILDINGS
AND GROUNDS. In regard to any buildings, contents, or grounds over
which the board has jurisdiction, the board has the same powers and
duties it has in regard to the Capitol and the General Land Office
Building, except as expressly limited by law.
SECTION 9. Section 443.0101, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) The net proceeds from pay station telephones in the
Capitol or another building under the jurisdiction of the board
shall be deposited to the credit of the Capitol fund.
SECTION 10. Chapter 443, Government Code, is amended by
adding Section 443.0103 to read as follows:
Sec. 443.0103. CAPITOL RENEWAL ACCOUNT. (a) The Capitol
renewal account is a special account in the general revenue fund
and consists of money appropriated for the purpose of the account.
(b) Money in the account may be used only for the purpose of
maintaining and preserving the Capitol, the General Land Office
Building, their contents, and their grounds.
(c) The pro rata portion of interest received from
investment of money in the general revenue fund shall be credited
to the account.
(d) The account is exempt from the application of Sections
403.095 and 404.071.
SECTION 11. Subsection (a), Section 443.016, Government
Code, is amended to read as follows:
(a) Except as otherwise provided by this section, <The
architect of the Capitol shall direct that> to the extent
reasonable and practical <possible> only plants and trees
indigenous to this state may <will> be used in landscaping work on
the Capitol grounds. The board may authorize the use of specimens
of nonindigenous plants that have historical significance in
relation to the Capitol grounds.
SECTION 12. Section 443.021, Government Code, is amended to
read as follows:
Sec. 443.021. STATE HISTORY MUSEUM. The board is authorized
to develop, <and> construct, govern, and operate, from funds
appropriated for that purpose, a state history museum to be located
within the Capitol complex. In this section, "Capitol complex" has
the meaning assigned by Section 443.0071.
SECTION 13. Section 443.023, Government Code, is amended to
read as follows:
Sec. 443.023. PURCHASE AND LEASE REQUIREMENTS FOR CERTAIN
EXPENDITURES. Subtitle D, Title 10, does not apply to a purchase
or lease under this chapter. The executive director, as
appropriate, may approve in writing the purchase or lease of goods
and services needed to repair or improve an area within the
Capitol, Capitol extension, Capitol grounds, or General Land Office
Building if the cost of the purchase or lease will not exceed
$15,000. The executive director shall notify the board in writing
of any expenditures in excess of $15,000 made under this chapter
<described by this section. The executive director, as
appropriate, may approve in writing the purchase or lease of goods
and services needed to repair or improve an area within the
Capitol, Capitol extension, Capitol grounds, or General Land Office
building, if the cost of the purchase or lease will not exceed
$15,000>.
SECTION 14. Chapter 443, Government Code, is amended by
adding Sections 443.025, 443.026, and 443.027 to read as follows:
Sec. 443.025. WOODLAWN. (a) Title to the historic property
Woodlawn, also commonly known as Pease Mansion and Shivers Mansion,
located at No. 6 Niles Road in Austin, is in the name of the board.
The board shall:
(1) preserve, maintain, restore, and furnish the
building;
(2) preserve, maintain, and restore its contents and
grounds; and
(3) otherwise provide for use of the building and
grounds.
(b) The board may set and collect a fee for the use of
Woodlawn for special activities. The board shall deposit money
received under this subsection to the credit of the Capitol fund.
Sec. 443.026. TOURS. (a) The board may provide for public
tours of the Capitol and the other buildings and grounds under the
jurisdiction of the board.
(b) The board may provide for the transportation of visitors
within the Capitol complex and between the buildings and grounds
subject to the jurisdiction of the board. In cooperation with
other public and private authorities, the board may participate in
providing for the transportation of visitors between the buildings
and grounds subject to the jurisdiction of the board and other
historic and cultural sites.
(c) The board may set and collect a fee for transportation
under this section. The board shall deposit money received under
this subsection to the credit of the Capitol fund.
Sec. 443.027. PUBLICATIONS AND PUBLICITY. (a) Publicity of
the buildings, contents, and grounds subject to the jurisdiction of
the board is essential to the board's statutory objectives. For
that purpose, the board may:
(1) employ public relations personnel; and
(2) publish or contract for the publication of
brochures, books, and periodicals intended for the general public
that are promotional, informational, or educational.
(b) The board may sell at prices set by the board
publications printed under this section.
SECTION 15. Subtitle D, Title 4, Government Code, is amended
by adding Chapter 445 to read as follows:
CHAPTER 445. TEXAS STATE HISTORY MUSEUM
Sec. 445.001. MUSEUM. (a) The Bob Bullock Texas State
History Museum is established for the purpose of educating and
engaging visitors in the exciting and unique story of Texas and
displaying objects and information relating to the history of
Texas.
(b) The museum shall provide exhibits, programs, and
activities that support the education of public school students in
the essential knowledge and skills developed and adopted under
Chapter 28, Education Code.
(c) The museum is not subject to the provisions of Section
2165.005.
Sec. 445.002. GOVERNANCE. (a) The State Preservation Board
shall govern and provide for the operation of the museum.
(b) Except to the extent of conflict with this chapter, the
board and the executive director of the board have the same powers
and duties in relation to the museum that they have in regard to
other facilities and programs under Chapter 443.
(c) The governor, lieutenant governor, and speaker of the
house of representatives, in their capacities as members of the
board, shall each appoint one person to an advisory committee to
assist and advise the board in governing and operating the museum.
A member of the board is eligible to serve on the advisory
committee.
Sec. 445.003. VENDING FACILITIES. (a) In addition to
exhibits and theaters, the museum may operate:
(1) a gift shop;
(2) food services, including one or more restaurants,
cafeterias, and vending machines;
(3) pay station telephones;
(4) automated teller machines (ATMs); and
(5) other services and facilities convenient or
necessary for visitors to the museum.
(b) Chapter 94, Human Resources Code, does not apply to
vending facilities operated by or approved for operation in the
museum.
Sec. 445.004. THEATERS; FILMS AND OTHER PRODUCTS. (a) The
museum may operate one or more film theaters, including a
large-format theater.
(b) In addition to films connected with Texas history, the
museum may exhibit commercially produced entertainment films in
museum theaters.
(c) The museum may develop and produce films and other
products and may retain royalties or otherwise receive revenue from
the production, distribution, exhibition, or sale of those films or
products.
Sec. 445.005. MARKETING AND PUBLIC RELATIONS. Marketing and
publicity of the museum's exhibits, programs, and activities is
essential to the museum's statutory objectives. For that purpose,
the museum may:
(1) employ public relations personnel;
(2) publish brochures, books, and periodicals intended
for the general public that are promotional, informational, or
educational; and
(3) advertise the museum in any available media.
Sec. 445.006. TOURS; PARKING AND TRANSPORTATION. The museum
may provide parking for visitors and, in cooperation with other
public and private authorities, may participate in providing for
tour transportation of visitors between other historical and
cultural sites.
Sec. 445.007. PRIVATE EVENTS. (a) The museum may rent all
or part of the museum facility at various times for private events.
The museum may restrict public access to that part of the facility
rented for a private event.
(b) The museum may provide for the sale, gift, possession,
and consumption of alcoholic beverages at a private event held in
the facility.
Sec. 445.008. INSURANCE. The museum may purchase insurance
policies to insure the museum buildings and contents and other
personal property against any insurable risk, including insurance
covering historical artifacts, art, or other items on loan to the
museum.
Sec. 445.009. CONTRACTS. The museum may contract with
public or private entities to the extent necessary or convenient to
the operation of the museum's exhibits, programs, activities, and
facilities, including contracts for the acquisition by purchase or
loan of items for exhibition.
Sec. 445.010. PROGRAM AND FACILITY ACCESSIBILITY. The
museum shall comply with federal and state laws related to program
and facility accessibility. The museum shall prepare and maintain
a written plan that describes how a person who does not speak
English can be provided reasonable access to the museum's programs
and services.
Sec. 445.011. FUNDING. (a) To the extent possible, the
costs of operating the museum shall be paid from revenues generated
by the museum, but the legislature may appropriate funds for the
operation of the museum.
(b) The museum shall solicit and may accept gifts of money
or items from individuals and from public or private foundations
and organizations.
(c) The museum may set and collect fees in amounts necessary
to provide for the operation of the museum, including fees for:
(1) admission to exhibits, theaters, programs, and
activities;
(2) parking and transportation; and
(3) facility rental.
(d) The museum may sell at prices set by the museum items
manufactured or publications printed under contract with the
museum.
(e) All net revenue collected by the museum under this
chapter, including the net revenue from vending facilities under
Section 445.003, shall be credited to the Bob Bullock Texas State
History Museum fund.
(f) The transactions, funds, and programs of the museum are
subject to audit by the state auditor in accordance with Chapter
321.
Sec. 445.012. MUSEUM FUND. (a) Money and securities
received by the museum shall be held in trust outside the treasury
by the comptroller in a special fund to be known as the Bob Bullock
Texas State History Museum fund. The museum may spend money
received by the museum for any purpose connected with the museum.
(b) The comptroller shall manage and invest the fund on
behalf of the museum as directed or agreed to by the museum.
Interest, dividends, and other income of the fund shall be credited
to the fund.
(c) The museum shall prepare a detailed annual report on the
fund. That report must describe the status of the fund, list all
donations to the fund, including the name of each donor, and list
all disbursements from the fund, including the purpose of each
disbursement.
(d) The state auditor shall annually review the annual
report on the fund, and any information used in preparing the
report as the auditor determines necessary, and shall report any
findings or recommendations to the museum and the legislative audit
committee.
(e) The fund is not subject to Subchapter F, Chapter 404. A
provision of this chapter or other law that provides for the
deposit of money or another thing of value into the fund prevails
over Subchapter F, Chapter 404.
(f) Subtitle D, Title 10, does not apply to a purchase or
lease made with money from the fund.
Sec. 445.013. SUPPORT ORGANIZATIONS. The museum may
establish and maintain one or more organizations of persons
interested in supporting the programs and activities of the museum.
Such an organization may be incorporated as a Texas nonprofit
corporation.
SECTION 16. Subsection (b), Section 415.117, and Subsection
(e), Section 443.003, Government Code, are repealed.
SECTION 17. The Bob Bullock Texas State History Museum
established under Chapter 465, Government Code, as added by Section
15 of this Act is dedicated to former Lieutenant Governor Bob
Bullock in recognition of his contribution to the people of the
State of Texas through a life of public service and in recognition
of his vision in proposing and securing funding for the museum.
The State Preservation Board shall install in a prominent place in
the museum a plaque commemorating the dedication of the museum to
Bob Bullock.
SECTION 18. The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby suspended,
and that this Act take effect and be in force from and after its
passage, and it is so enacted.
SIBLEY LUCIO
ARMBRISTER LUNA
BIVINS MADLA
BERNSEN MONCRIEF
BROWN NELSON
CAIN NIXON
CARONA OGDEN
DUNCAN RATLIFF
ELLIS SHAPIRO
FRASER SHAPLEIGH
GALLEGOS TRUAN
HARRIS WENTWORTH
HAYWOOD WEST
JACKSON ZAFFIRINI
LINDSAY