By Goolsby                                            H.B. No. 1308
         76R3536 SRC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the operations, powers, and duties of the State
 1-3     Preservation Board.
 1-5           SECTION 1.  Section 443.004(b), Government Code, is amended
 1-6     to read as follows:
 1-7           (b)  The board shall meet [at least quarterly each year and
 1-8     at other times] at the call of the governor and as provided by
 1-9     board rules.
1-10           SECTION 2.  Section 443.005, Government Code, is amended to
1-11     read as follows:
1-12           Sec. 443.005.  ARCHITECT OF THE CAPITOL.  [(a)] The executive
1-13     director [board] may employ an architect of the Capitol who serves
1-14     under the direction of the executive director [board].
1-15           [(b)  The architect of the Capitol must:]
1-16                 [(1)  have a bachelor's degree from an institution of
1-17     higher education;]
1-18                 [(2)  be registered to practice architecture in this
1-19     state; and]
1-20                 [(3)  have at least four years' experience in various
1-21     aspects of architectural preservation, including historical
1-22     research, preparation of plans and specifications, personnel
1-23     management, policy development, and budget management.]
1-24           [(c)  The architect of the Capitol shall:]
 2-1                 [(1)  develop for board approval a master plan with a
 2-2     projection of at least 20 years concerning the maintenance,
 2-3     preservation, restoration, and modification of the Capitol and the
 2-4     General Land Office Building and their grounds, including a plan to
 2-5     restore the buildings to their original architecture;]
 2-6                 [(2)  review an annual work program and budget prepared
 2-7     under the direction of the executive director to support the master
 2-8     plan; and]
 2-9                 [(3)  develop a program to purchase or accept by
2-10     donation, permanent loan, or outside funding items necessary to
2-11     implement the master plan.]
2-12           SECTION 3.  Sections 443.0051(a) and (b), Government Code,
2-13     are amended to read as follows:
2-14           (a)  The board may employ an executive director who serves
2-15     under the sole direction of the board[, or the board may assign the
2-16     duties of an executive director to the architect of the Capitol as
2-17     additional duties of the architect's employment].
2-18           (b)  The executive director shall:
2-19                 (1)  employ staff necessary to administer the functions
2-20     of the office and contract for professional services of qualified
2-21     consultants, including architectural historians, landscape
2-22     architects with experience in landscape architectural preservation,
2-23     conservators, historians, historic architects, engineers, and
2-24     craftsmen;
2-25                 (2)  direct and coordinate the activities of the
2-26     architect of the Capitol, the curator of the Capitol, and other
2-27     board employees; and
 3-1                 (3)  provide for the preparation of and recommend for
 3-2     board approval an annual budget and work plan consistent with the
 3-3     master plan for [of the architect of] the Capitol and the
 3-4     furnishings plan [of the curator] of the Capitol for all work under
 3-5     this chapter, including usual maintenance for the buildings, their
 3-6     contents, and their grounds.
 3-7           SECTION 4.  Chapter 443, Government Code, is amended by
 3-8     adding Section 443.0054 to read as follows:
3-10     FLSA.  For employees who are not subject to the overtime provisions
3-11     of the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et
3-12     seq.), the board shall allow compensatory time off in accordance
3-13     with a schedule adopted by the board for hours worked in a week in
3-14     which the combination of hours worked, paid leave, and holidays
3-15     exceeds a total of 40 hours.
3-16           SECTION 5.  Section 443.006(b), Government Code, is amended
3-17     to read as follows:
3-18           (b)  The curator of the Capitol shall:
3-19                 (1)  assist in matters dealing with the preservation of
3-20     historic materials;
3-21                 (2)  develop and maintain a registration system and
3-22     inventory of the contents of the Capitol and the General Land
3-23     Office Building and their grounds [and of the original documents
3-24     relating to the buildings' construction and alteration];
3-25                 (3)  develop a program to purchase or accept by
3-26     donation, permanent loan, or outside funding items of historical
3-27     significance that were at one time in the buildings and that are
 4-1     not owned by the state;
 4-2                 (4)  develop a program to locate and acquire
 4-3     state-owned items of historical significance that were at one time
 4-4     in the buildings;
 4-5                 (5)  develop a collections policy regarding the items
 4-6     of historic significance as identified in the registration system
 4-7     and inventory for the approval of the board;
 4-8                 (6)  make recommendations on conservation needs and
 4-9     make arrangements to contract for conservation services for objects
4-10     of significance;
4-11                 (7)  make recommendations for the transfer or loan of
4-12     objects of significance as detailed in the approved collections
4-13     policy;
4-14                 (8)  develop for board approval a furnishings plan for
4-15     the placement and care of objects under the care of the curator;
4-16                 (9)  make recommendations to transfer, sell, or
4-17     otherwise dispose of unused surplus property that is not of
4-18     significance as defined in the collections policy and by the
4-19     registration system and inventory prepared by the curator, in the
4-20     manner provided by Chapter 2175;
4-21                 (10)  approve all exhibits placed in the buildings; and
4-22                 (11)  make a good-faith effort, with the board and the
4-23     architect, to assist Texas businesses to receive a significant
4-24     percentage of the total value of all contract awards for the
4-25     purchase of supplies, materials, services, and equipment that are
4-26     made throughout the duration of the restoration project.
4-27           SECTION 6.  Section 443.007(a), Government Code, is amended
 5-1     to read as follows:
 5-2           (a)  The board shall:
 5-3                 (1)  preserve, maintain, and restore the Capitol, the
 5-4     General Land Office Building, their contents, and their grounds;
 5-5                 (2)  define the buildings' grounds, except that the
 5-6     grounds may not include another state office building;
 5-7                 (3)  review and approve the executive director's annual
 5-8     budget and work plan, the [architect of the Capitol's] long-range
 5-9     master plan for the buildings and their grounds, and the [curator
5-10     of the Capitol's] furnishings plan for placement and care of
5-11     objects under the care of the curator;
5-12                 (4)  approve all changes to the buildings and their
5-13     grounds, including usual maintenance and any transfers or loans of
5-14     objects under the curator of the Capitol's care;
5-15                 (5)  define and identify[, with the architect of the
5-16     Capitol,] all significant aspects of the buildings and their
5-17     grounds;
5-18                 (6)  define and identify, with the curator of the
5-19     Capitol, all significant contents of the buildings and all
5-20     state-owned items of historical significance that were at one time
5-21     in the buildings; and
5-22                 (7)  maintain records [archives] relating to the
5-23     construction and development of the buildings, their contents, and
5-24     their grounds, including documents such as plans, specifications,
5-25     photographs, purchase orders, and other related documents, the
5-26     original copies of which shall be maintained by the Texas State
5-27     Library and Archives Commission.
 6-1           SECTION 7.  Section 443.007(d), Government Code, is amended
 6-2     to read as follows:
 6-3           (d)  The board may purchase insurance policies to insure the
 6-4     buildings, [and] the contents of the buildings, and any other
 6-5     personal property against any insurable risk, including insurance
 6-6     covering historical artifacts, art, or  other items on loan to the
 6-7     board [that arises out of a construction or preservation project].
 6-8           SECTION 8.  Chapter 443, Government Code, is amended by
 6-9     adding Section 443.0072 to read as follows:
6-11     AND GROUNDS.  In regard to any buildings, contents, or grounds over
6-12     which the board has jurisdiction, the board has the same powers and
6-13     duties it has in regard to the Capitol and the General Land Office
6-14     Building, except as expressly limited by law.
6-15           SECTION 9.  Section 443.0101, Government Code, is amended by
6-16     adding Subsection (e) to read as follows:
6-17           (e)  The net proceeds from pay station telephones in the
6-18     Capitol or another building under the jurisdiction of the board
6-19     shall be deposited to the credit of the Capitol fund.
6-20           SECTION 10.  Chapter 443, Government Code, is amended by
6-21     adding Section 443.0103 to read as follows:
6-22           Sec. 443.0103.  CAPITOL RENEWAL FUND.  (a) The Capitol
6-23     renewal fund is a special account in the general revenue fund and
6-24     consists of money appropriated for the purpose of the fund.
6-25           (b)  Money in the fund may be used only for the purpose of
6-26     maintaining and preserving the Capitol, the General Land Office
6-27     Building, their contents, and their grounds.
 7-1           (c)  The fund is exempt from the application of Section
 7-2     403.095.
 7-3           SECTION 11.  Section 443.016(a), Government Code, is amended
 7-4     to read as follows:
 7-5           (a)  Except as otherwise provided by this section, [The
 7-6     architect of the Capitol shall direct that] to the extent
 7-7     reasonable and practical [possible] only plants and trees
 7-8     indigenous to this state may [will] be used in landscaping work on
 7-9     the Capitol grounds.  The board may authorize the use of specimens
7-10     of nonindigenous plants that have historical significance in
7-11     relation to the Capitol grounds.
7-12           SECTION 12.  Section 443.021, Government Code, is amended to
7-13     read as follows:
7-14           Sec. 443.021.  STATE HISTORY MUSEUM.  The board is authorized
7-15     to develop, [and] construct, govern, and operate, from funds
7-16     appropriated for that purpose, a state history museum to be located
7-17     within the Capitol complex.  In this section, "Capitol complex" has
7-18     the meaning assigned by Section 443.0071.
7-19           SECTION 13.  Section 443.023, Government Code, is amended to
7-20     read as follows:
7-22     EXPENDITURES.  Subtitle D, Title 10, does not apply to a purchase
7-23     or lease under this chapter [described by this section.  The
7-24     executive director, as appropriate, may approve in writing the
7-25     purchase or lease of goods and services needed to repair or improve
7-26     an area within the Capitol, Capitol extension, Capitol grounds, or
7-27     General Land Office building, if the cost of the purchase or lease
 8-1     will not exceed $15,000].
 8-2           SECTION 14.  Chapter 443, Government Code, is amended by
 8-3     adding Sections 443.025, 443.026, and 443.027 to read as follows:
 8-4           Sec. 443.025.  WOODLAWN.  (a) Title to the historic property
 8-5     Woodlawn, also commonly known as Pease Mansion and Shivers Mansion,
 8-6     located at No. 6 Niles Road in Austin, is in the name of the board.
 8-7     The board shall:
 8-8                 (1)  preserve,  maintain, restore, and furnish the
 8-9     building;
8-10                 (2)  preserve, maintain, and restore its contents and
8-11     grounds; and
8-12                 (3)  otherwise provide for use of the building and
8-13     grounds.
8-14           (b)  The board may set and collect a fee for the use of
8-15     Woodlawn for special activities.  The board shall deposit money
8-16     received under this subsection to the credit of the Capitol fund.
8-17           Sec. 443.026.  TOURS.  (a) The board may provide for public
8-18     tours of the Capitol and the other buildings and grounds under the
8-19     jurisdiction of the board.
8-20           (b)  The board may provide for the transportation of visitors
8-21     within the Capitol complex and between the buildings and grounds
8-22     subject to the jurisdiction of the board.  In cooperation with
8-23     other public and private authorities, the board may participate in
8-24     providing for the transportation of visitors between the buildings
8-25     and grounds subject to the jurisdiction of the board and other
8-26     historic and cultural sites.
8-27           (c)  The board may set and collect a fee for transportation
 9-1     under this section.  The board shall deposit money received under
 9-2     this subsection to the credit of the Capitol fund.
 9-3           Sec. 443.027.  PUBLICATIONS AND PUBLICITY.  (a) Publicity of
 9-4     the buildings, contents, and grounds subject to the jurisdiction of
 9-5     the board is essential to the board's statutory objectives.  For
 9-6     that purpose, the  board may:
 9-7                 (1)  employ public relations personnel; and
 9-8                 (2)  publish or contract for the publication of
 9-9     brochures, books, and periodicals  intended for the general public
9-10     that are promotional, informational, or educational.
9-11           (b)  The board may sell at prices set by the board
9-12     publications printed under this section.
9-13           SECTION 15.  Sections 415.117(b) and 443.003(e), Government
9-14     Code, are repealed.
9-15           SECTION 16.  The importance of this legislation and the
9-16     crowded condition of the calendars in both houses create an
9-17     emergency and an imperative public necessity that the
9-18     constitutional rule requiring bills to be read on three several
9-19     days in each house be suspended, and this rule is hereby suspended,
9-20     and that this Act take effect and be in force from and after its
9-21     passage, and it is so enacted.