By Pitts                                              H.B. No. 2103
         76R5567 BDH-D                           
                                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 locally elected governmental
2-22     body representing the municipality, county, or other location to be
2-23     designated supports the designation.
2-24           (e)  A place designation expires on the 10th anniversary of
2-25     its designation or redesignation unless persons supporting the
2-26     continuation of the designation contact the Texas State Library and
2-27     Archives Commission during the last year of the 10-year period and
 3-1     request the continuation of the designation.  In that event, the
 3-2     event or location is considered to be redesignated.
 3-3           (f)  To be effective, a resolution proposing a place
 3-4     designation must be referred to and reported by the appropriate
 3-5     committee in each house in the manner provided for bills.
 3-6           SECTION 2.  Section 441.006(a), Government Code, is amended
 3-7     to read as follows:
 3-8           (a)  The commission shall:
 3-9                 (1)  govern the Texas State Library;
3-10                 (2)  adopt policies and rules to aid and encourage the
3-11     development of and cooperation among all types of libraries,
3-12     including public, academic, special, and other types of libraries;
3-13                 (3)  aid those studying problems to be dealt with by
3-14     legislation;
3-15                 (4)  prepare and make available to the public and
3-16     appropriate state agencies information of public interest
3-17     describing the functions of the commission and the commission
3-18     procedures by which complaints are filed with and resolved by the
3-19     commission;
3-20                 (5)  deposit money paid to the commission under this
3-21     chapter subject to Subchapter F, Chapter 404;
3-22                 (6)  give to any person contemplating the establishment
3-23     of a public library advice regarding matters such as maintaining a
3-24     public library, selecting books, cataloging, and managing a
3-25     library;
3-26                 (7)  conduct library institutes and encourage library
3-27     associations;
 4-1                 (8)  take custody of, preserve, and make available for
 4-2     public use state records and other historical resources that
 4-3     document the history and culture of Texas as a province, colony,
 4-4     republic, or state;
 4-5                 (9)  prepare and make available to the public a
 4-6     complete list of every state symbol and place designation,
 4-7     including state symbols and place designations made in accordance
 4-8     with Chapter 391;
 4-9                 (10)  aid and encourage, by adoption of policies and
4-10     programs, the development of effective records management and
4-11     preservation programs in state agencies and the local governments
4-12     of the state; and
4-13                 (11) [(10)]  establish by rule methods by which
4-14     consumers and service recipients are notified of the name, mailing
4-15     address, and telephone number of the commission for the purpose of
4-16     directing complaints to the commission.
4-17           SECTION 3.  (a)  This Act takes effect September 1, 1999.
4-18           (b)  Chapter 391, Government Code, as added by this Act,
4-19     applies only to a state symbol or place designation adopted by the
4-20     legislature after the effective date of this Act, except that
4-21     Section 391.003(e), Government Code, as added by this Act, applies
4-22     to a place designation assigned by the legislature before the
4-23     effective date.
4-24           SECTION 4.  The importance of this legislation and the
4-25     crowded condition of the calendars in both houses create an
4-26     emergency and an imperative public necessity that the
4-27     constitutional rule requiring bills to be read on three several
 5-1     days in each house be suspended, and this rule is hereby suspended.