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.