76R12251 BDH-D
By Pitts, West H.B. No. 2103
Substitute the following for H.B. No. 2103:
By Hunter C.S.H.B. No. 2103
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to state symbols and place designations adopted by the
1-3 legislature.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 3, Government Code, is amended by adding
1-6 Subtitle Z to read as follows:
1-7 SUBTITLE Z. MISCELLANEOUS PROVISIONS
1-8 CHAPTER 391. RESOLUTIONS FOR STATE SYMBOLS
1-9 AND PLACE DESIGNATIONS
1-10 Sec. 391.001. EFFECT OF CHAPTER. (a) This chapter governs
1-11 the designation of state symbols and place designations made by the
1-12 legislature by resolution approved by each house of the
1-13 legislature.
1-14 (b) This chapter does not affect the designation of a state
1-15 symbol or a place designation made by statute.
1-16 Sec. 391.002. STATE SYMBOLS. (a) The legislature must
1-17 specify an item's historical or cultural significance to the state
1-18 before designating the item as a state symbol.
1-19 (b) The legislature may not designate any of the following
1-20 as a state symbol:
1-21 (1) a commercial product or an item that promotes or
1-22 advocates the use of a commercial product;
1-23 (2) an individual;
1-24 (3) an event; or
2-1 (4) a place.
2-2 (c) To be effective, a resolution proposing designation of
2-3 an object as a state symbol must be referred to and reported by the
2-4 appropriate committee in each house in the manner provided for
2-5 bills.
2-6 Sec. 391.003. PLACE DESIGNATIONS. (a) In this section,
2-7 "place designation" means a special observance by the legislature
2-8 that recognizes and honors an event or location in this state,
2-9 including a municipality or county.
2-10 (b) The legislature may not assign the same place
2-11 designation to more than one event or location.
2-12 (c) The legislature may not assign more than one place
2-13 designation to any municipality, county, or other location. This
2-14 subsection does not prohibit the legislature from assigning more
2-15 than one place designation within a county.
2-16 (d) Before the legislature may assign a place designation to
2-17 a municipality, county, or other location, the legislature must be
2-18 presented by persons supporting the designation with:
2-19 (1) information related to the historical or cultural
2-20 significance of the event or location to be designated; and
2-21 (2) documentation that a local chamber of commerce or
2-22 a locally elected governmental body representing the municipality,
2-23 county, or other location to be designated supports the
2-24 designation.
2-25 (e) A place designation expires on the 10th anniversary of
2-26 its designation. This subsection does not prevent the legislature
2-27 from redesignating a place designation during or after the 10-year
3-1 period.
3-2 (f) To be effective, a resolution proposing a place
3-3 designation must be referred to and reported by the appropriate
3-4 committee in each house in the manner provided for bills.
3-5 SECTION 2. Section 441.006(a), Government Code, is amended
3-6 to read as follows:
3-7 (a) The commission shall:
3-8 (1) govern the Texas State Library;
3-9 (2) adopt policies and rules to aid and encourage the
3-10 development of and cooperation among all types of libraries,
3-11 including public, academic, special, and other types of libraries;
3-12 (3) aid those studying problems to be dealt with by
3-13 legislation;
3-14 (4) prepare and make available to the public and
3-15 appropriate state agencies information of public interest
3-16 describing the functions of the commission and the commission
3-17 procedures by which complaints are filed with and resolved by the
3-18 commission;
3-19 (5) deposit money paid to the commission under this
3-20 chapter subject to Subchapter F, Chapter 404;
3-21 (6) give to any person contemplating the establishment
3-22 of a public library advice regarding matters such as maintaining a
3-23 public library, selecting books, cataloging, and managing a
3-24 library;
3-25 (7) conduct library institutes and encourage library
3-26 associations;
3-27 (8) take custody of, preserve, and make available for
4-1 public use state records and other historical resources that
4-2 document the history and culture of Texas as a province, colony,
4-3 republic, or state;
4-4 (9) prepare and make available to the public a
4-5 complete list of every state symbol and place designation,
4-6 including state symbols and place designations made in accordance
4-7 with Chapter 391;
4-8 (10) aid and encourage, by adoption of policies and
4-9 programs, the development of effective records management and
4-10 preservation programs in state agencies and the local governments
4-11 of the state; and
4-12 (11) [(10)] establish by rule methods by which
4-13 consumers and service recipients are notified of the name, mailing
4-14 address, and telephone number of the commission for the purpose of
4-15 directing complaints to the commission.
4-16 SECTION 3. (a) This Act takes effect September 1, 1999.
4-17 (b) Chapter 391, Government Code, as added by this Act,
4-18 applies only to a state symbol or place designation adopted by the
4-19 legislature after the effective date of this Act.
4-20 SECTION 4. The importance of this legislation and the
4-21 crowded condition of the calendars in both houses create an
4-22 emergency and an imperative public necessity that the
4-23 constitutional rule requiring bills to be read on three several
4-24 days in each house be suspended, and this rule is hereby suspended.