HBA-MPM H.B. 1308 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1308 By: Goolsby House Administration 3/15/1999 Introduced BACKGROUND AND PURPOSE Currently, Texas law authorizes the State Preservation Board (board) to restore, preserve, and maintain the Capitol, General Land Office Building, their contents, and their grounds. Under the 75th Legislature, the board assumed the property management functions of the Capitol, Capitol Extension, and the General Land Office Building and their grounds. This bill elaborates on the functions, powers, and duties of the board regarding the Texas State History Museum, Woodlawn, and additional visitors' services. H.B. 1308 sets forth the functions, powers, and duties of the board regarding the Texas State History Museum, Woodlawn, and additional visitors' services. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 443.004(b), Government Code, to require the State Preservation Board (board) to meet at the call of the governor and as provided by board rules, rather than to meet at least quarterly each year and at other times. SECTION 2. Amends Section 443.005, Government Code, to authorize the executive director, rather than the board, to employ an architect of the Capitol (architect) who serves under the direction of the executive directors, rather than the board. Deletes text concerning specific educational and occupational criteria that the architect must meet and the methods the architect is required to employ regarding maintenance, preservation, restoration, and modification of the Capitol, as well as budgetary matters. SECTION 3. Amends Sections 443.0051(a) and (b), Government Code, to delete language authorizing the board to assign the duties of an executive director to the architect as additional duties of the architect's employment. Requires the executive director to provide for the preparation of and recommend for board approval an annual budget and work plan consistent with the master plan for the Capitol, rather than the master plan of the architect of the Capitol, and the furnishings plan of the Capitol, rather than the furnishing plan of the curator of the Capitol, for all work under this chapter. SECTION 4. Amends Chapter 443, Government Code, by adding Section 443.0054, as follows: Sec. 443.0054. COMPENSATORY TIME FOR EMPLOYEES EXEMPT FROM FLSA. Requires the board to 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 40 hours 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.). SECTION 5. Amends Section 443.006(b), Government Code, to delete the original documents relating to a building's construction and alteration from the registration system and inventory the curator of the Capitol is required to develop and maintain. SECTION 6. Amends Section 443.007(a), Government Code, to require the board to maintain records, rather than archives, relating to the construction and development of the buildings, their contents, and their grounds, including certain documentation. Makes conforming changes. SECTION 7. Amends Section 443.007(d), Government Code, to authorize the board to purchase insurance policies to insure any other personal property, in addition to the contents of the buildings, against any insurable risk, including insurance covering historical artifacts, art, or other items on loan to the board. Deletes the qualification that the insurable risk arises out of a construction or preservation project. SECTION 8. Amends Chapter 443, Government Code, by adding Section 443.0072, as follows: Sec. 443.0072. POWERS AND DUTIES RELATING TO OTHER BUILDINGS AND GROUNDS. Provides that 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, in regard to any buildings, contents, or grounds over which it has jurisdiction. SECTION 9. Amends Section 443.0101, Government Code, by adding Subsection (e), as follows: (e) Requires the net proceeds from pay station telephones in the Capitol or another building under the jurisdiction of the board to be deposited to the credit of the Capitol fund. SECTION 10. Amends Chapter 443, Government Code, by adding Section 443.0103, as follows: Sec. 443.0103. CAPITOL RENEWAL FUND. Provides that the Capitol renewal fund is a special account in the general revenue fund and consists of money appropriated for the purpose of the fund. Provides that money in the fund may be used only for the purpose of maintaining and preserving the Capitol, the General Land Office Building, their contents, and their grounds. Exempts this fund from the application of Section 403.095 (Use of Dedicated Revenue), Government Code. SECTION 11. Amends Section 443.016(a), Government Code, to provide that only plants and trees indigenous to this state may, rather than will, be used in landscaping work on the Capitol grounds, except as otherwise provided by this section and to the extent practicable. Removes the provision that the architect of the Capitol shall direct that these plants and trees be used. Authorizes the board to authorize the use of specimens of nonindigenous plants that have historical significance in relation to the Capitol grounds. SECTION 12. Amends Section 443.021, Government Code, as follows: Sec. 443.021. New title: STATE HISTORY MUSEUM. Authorizes the board to govern and operate, in addition to develop and construct, from funds appropriated for that purpose, a state history museum to be located within the Capitol complex. Makes a nonsubstantive change. SECTION 13. Amends Section 443.023, Government Code, to provide that Subtitle D (State Purchasing and General Services), Title 10 (General Government), Government Code, does not apply to a purchase or lease under this chapter, rather than described by this section. Deletes the provision that 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. Amends Chapter 443, Government Code, by adding Sections 443.025, 443.026, and 443.027, as follows: Sec. 443.025. WOODLAWN. Specifies that 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. Requires the board to preserve, maintain, restore, and furnish the building and its contents and grounds and otherwise provide for use of the building and grounds. Authorizes the board to set and collect a fee for the use of Woodlawn for special activities and requires the board to deposit money received from these fees to the credit of the Capitol fund. Sec. 443.026. TOURS. Authorizes the board to provide for public tours of the Capitol and other buildings and grounds and to provide for the transportation of visitors within the Capitol complex and between the buildings and grounds subject to the board's jurisdiction. Authorizes the board to participate in providing for the transportation of visitors between the buildings and grounds subject to the board's jurisdiction and other historic and cultural sites in cooperation with other public and private authorities. Authorizes the board to set and collect a fee for transportation under this section and requires the board to deposit money received from these fees to the credit of the Capitol fund. Sec. 443.027. PUBLICATIONS AND PUBLICITY. Sets forth that the publicity of the buildings, contents, and grounds subject to the board's jurisdiction is essential to the board's statutory objectives, and authorizes the board to employ public relations personnel and publish or contract for the publication of brochures, books, and periodicals intended for the general public that are promotional, informational, or educational. Authorizes the board to sell these publications at a price set by the board. SECTION 15. Repealers: Sections 415.117(b) (Duties) and 443.003(e) (Membership), Government Code. Section 415.117(b) states that decisions made by the Commission on Law Enforcement Officer Standards and Education described under under this subsection (regarding funding, design, construction, maintenance, and management of the Texas peace officers' memorial) must have the approval of the State Preservation Board; the State Preservation Board and the architect of the Capitol, or the State Preservation Board and the General Services Commission. Section 443.003(e) states that the governor, lieutenant governor, and speaker, as a member of the board, may designate a representative to act, including the ability to vote, on behalf of the member during a board meeting. SECTION 16.Emergency clause. Effective date: upon passage.