Office of House Bill AnalysisH.B. 2062
By: Goolsby
State, Federal, & International Relations


Construction has begun on the future site of the Texas State History
Museum.  However, legislation is needed to clarify the operational
procedures of the museum, since it will open before the 77th Legislature
adjourns in 2001.  

H.B. 2062 establishes the Texas State History Museum (museum) which is
required to be governed by the State Preservation Board (board). This bill
authorizes the board to operate one or more film theaters in the museum. It
requires money and securities received by the museum to be deposited in a
special fund known as the Texas State History Museum Fund which is required
to be controlled by the comptroller. H.B. 2062 requires the museum to be
maintained based on the revenues generated by the museum, but provides that
the legislature is authorized to appropriate funds for the operation of the
museum. This bill also dedicates the museum to former Lieutenant Governor
Bob Bullock. 


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 1.   Amends Subtitle D, Title 4, Government Code, by adding Chapter
445, as follows: 


Sec. 445.001. MUSEUM. Establishes the Texas State History Museum (museum)
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. Requires the museum to 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
(Courses of Study; Advancement), Education Code.  

Sec. 445.002. GOVERNANCE. (a) Requires the State Preservation Board (board)
to govern and provide for the operation of the museum.  

(b) Provides that the board and the executive director of the board
(executive director) have the same powers and duties in relation to the
museum that they have in regard to other facilities and programs under
Chapter 443 (State Preservation Board), Government Code, except to the
extent of conflict with this chapter.  

(c) Requires the governor, lieutenant governor, and speaker of the house of
representatives, in their capacities as members of the board, to each
appoint one person to an advisory committee (committee) to assist and
advise the board in governing and operating the museum. Provides that a
member of the board is eligible to serve on the committee.  

Sec. 445.003. VENDING FACILITIES. Provides facilities which the museum is
authorized  to operate. Sets forth that Chapter 94 (Vending Facilities
Operated by Blind Persons), 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) Authorizes the museum
to operate one or more film theaters, including a large-format theater.  

(b) Authorizes the museum, in addition to films connected with Texas
history, to exhibit commercially produced entertainment films in museum

(c) Authorizes the museum to develop and produce films and other products
and to 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. Provides that marketing and
publicity of the museum's exhibits, programs, and activities is essential
to the museum's statutory objectives.  Specifies the museum's authority
concerning marketing and publicity. 

Sec. 445.006. TOURS; PARKING AND TRANSPORTATION. Authorizes the museum to
provide parking for visitors and, in cooperation with other public and
private authorities, to participate in providing for tour transportation of
visitors between other historical and cultural sites.  

Sec. 445.007. PRIVATE EVENTS. Authorizes the museum to rent all or part of
the museum facility at various times for private events and to restrict
public access to that part of the facility rented for a private event.
Authorizes the museum to provide for the sale, gift, possession, and
consumption of alcoholic beverages at a private event held in the facility.

Sec. 445.008. INSURANCE. Authorizes the museum to 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. Authorizes the museum to 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. Requires the museum to
comply with federal and state laws related to program and facility
accessibility. Requires the museum to 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) Requires the costs of operating the museum to be
paid from revenues generated by the museum, to the extent possible, but
provides that the legislature is authorized appropriate funds for the
operation of the museum.  

(b) Requires the museum to solicit and authorizes the museum to accept
gifts of money or items from individuals and from public or private
foundations and organizations.  

(c) Authorizes the museum to set and collect fees in amounts necessary to
provide for the operation of the museum. Specifies the fees that the museum
is authorized to collect. 

(d) Authorizes the museum to sell at prices set by the museum items
manufactured or publications printed under contract with the museum.  

(e) Requires all net revenue collected by the museum under this chapter,
including the net revenue from vending facilities under Section 445.003, to
be credited to the Texas State History Museum fund (fund).  

 (f) Provides that the transactions, funds, and programs of the museum are
subject to audit by the state auditor in accordance with Chapter 321 (State

Sec. 445.012. MUSEUM FUND. (a) Requires money and securities received by
the museum to be held in trust outside the treasury by the comptroller in a
special fund to be known as the Texas State History Museum fund. Authorizes
the museum to spend money received by the museum for any purpose connected
with the museum.  

(b) Requires the comptroller to manage and invest the fund on behalf of the
museum as directed or agreed to by the museum. Requires interest,
dividends, and other income of the fund to be credited to the fund.  

(c) Requires the museum to prepare a detailed annual report on the fund
which 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) Requires the state auditor to annually review the annual report on the
fund, and any information used in preparing the report as the auditor
determines necessary, and to report any findings or recommendations to the
museum and the legislative audit committee.  

(e) Sets forth that the fund is not subject to Subchapter F (State Funds
Reform Act), Chapter 404 (State Treasury Operations of Comptroller).
Provides that 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) Provides that Subtitle D (State Purchasing and General Services), Title
10 (General Government), does not apply to a purchase or lease made with
money from the fund.  

Sec. 445.013. SUPPORT ORGANIZATIONS. Authorizes the museum to establish and
maintain one or more organizations of persons interested in supporting the
programs and activities of the museum.  Authorizes for such an organization
to be incorporated as a Texas nonprofit corporation.  

SECTION 2. Dedicates the museum 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. Requires the board to
install in a prominent place in the museum a  plaque commemorating the
dedication of the museum to Bob Bullock.  

SECTION 3.Emergency clause.
  Effective date: upon passage.