AN ACT
 1-1     relating to preserving the history and heritage of the state by
 1-2     establishing the Bob Bullock Texas State History Museum and by
 1-3     prescribing certain operations, powers, and duties of the State
 1-4     Preservation Board.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subsection (b), Section 443.004, Government Code,
 1-7     is amended to read as follows:
 1-8           (b)  The board shall meet [at least quarterly each year and
 1-9     at other times] at the call of the governor and as provided by
1-10     board rules.
1-11           SECTION 2.  Section 443.005, Government Code, is amended to
1-12     read as follows:
1-13           Sec. 443.005.  ARCHITECT OF THE CAPITOL.  (a)  The executive
1-14     director [board] may employ an architect of the Capitol who serves
1-15     under the direction of the executive director [board].
1-16           (b)  The architect of the Capitol must:
1-17                 (1)  have a bachelor's degree from an institution of
1-18     higher education;
1-19                 (2)  be registered to practice architecture in this
1-20     state; and
1-21                 (3)  have at least four years' experience in various
1-22     aspects of architectural preservation, including historical
1-23     research, preparation of plans and specifications, personnel
1-24     management, policy development, and budget management.
 2-1           [(c)  The architect of the Capitol shall:]
 2-2                 [(1)  develop for board approval a master plan with a
 2-3     projection of at least 20 years concerning the maintenance,
 2-4     preservation, restoration, and modification of the Capitol and the
 2-5     General Land Office Building and their grounds, including a plan to
 2-6     restore the buildings to their original architecture;]
 2-7                 [(2)  review an annual work program and budget prepared
 2-8     under the direction of the executive director to support the master
 2-9     plan; and]
2-10                 [(3)  develop a program to purchase or accept by
2-11     donation, permanent loan, or outside funding items necessary to
2-12     implement the master plan.]
2-13           SECTION 3.  Subsections (a) and (b), Section 443.0051,
2-14     Government Code, are amended to read as follows:
2-15           (a)  The board may employ an executive director who serves
2-16     under the sole direction of the board[, or the board may assign the
2-17     duties of an executive director to the architect of the Capitol as
2-18     additional duties of the architect's employment].
2-19           (b)  The executive director shall:
2-20                 (1)  employ staff necessary to administer the functions
2-21     of the office and contract for professional services of qualified
2-22     consultants, including architectural historians, landscape
2-23     architects with experience in landscape architectural preservation,
2-24     conservators, historians, historic architects, engineers, and
2-25     craftsmen;
2-26                 (2)  direct and coordinate the activities of the
 3-1     architect of the Capitol, the curator of the Capitol, and other
 3-2     board employees; and
 3-3                 (3)  provide for the preparation of and recommend for
 3-4     board approval an annual budget and work plan consistent with the
 3-5     master plan for [of the architect of] the Capitol and the
 3-6     furnishings plan [of the curator] of the Capitol for all work under
 3-7     this chapter, including usual maintenance for the buildings, their
 3-8     contents, and their grounds.
 3-9           SECTION 4.  Chapter 443, Government Code, is amended by
3-10     adding Section 443.0054 to read as follows:
3-11           Sec. 443.0054.  COMPENSATORY TIME FOR EMPLOYEES EXEMPT FROM
3-12     FLSA.  For employees who are not subject to the overtime provisions
3-13     of the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et
3-14     seq.), as amended, the board shall allow compensatory time off in
3-15     accordance with a schedule adopted by the board for hours worked in
3-16     a week in which the combination of hours worked, paid leave, and
3-17     holidays exceeds a total of 40 hours.
3-18           SECTION 5.  Subsection (b), Section 443.006, Government Code,
3-19     is amended to read as follows:
3-20           (b)  The curator of the Capitol shall:
3-21                 (1)  assist in matters dealing with the preservation of
3-22     historic materials;
3-23                 (2)  develop and maintain a registration system and
3-24     inventory of the contents of the Capitol and the General Land
3-25     Office Building and their grounds [and of the original documents
3-26     relating to the buildings' construction and alteration];
 4-1                 (3)  develop a program to purchase or accept by
 4-2     donation, permanent loan, or outside funding items of historical
 4-3     significance that were at one time in the buildings and that are
 4-4     not owned by the state;
 4-5                 (4)  develop a program to locate and acquire
 4-6     state-owned items of historical significance that were at one time
 4-7     in the buildings;
 4-8                 (5)  develop a collections policy regarding the items
 4-9     of historic significance as identified in the registration system
4-10     and inventory for the approval of the board;
4-11                 (6)  make recommendations on conservation needs and
4-12     make arrangements to contract for conservation services for objects
4-13     of significance;
4-14                 (7)  make recommendations for the transfer or loan of
4-15     objects of significance as detailed in the approved collections
4-16     policy;
4-17                 (8)  develop for board approval a furnishings plan for
4-18     the placement and care of objects under the care of the curator;
4-19                 (9)  make recommendations to transfer, sell, or
4-20     otherwise dispose of unused surplus property that is not of
4-21     significance as defined in the collections policy and by the
4-22     registration system and inventory prepared by the curator, in the
4-23     manner provided by Chapter 2175;
4-24                 (10)  approve all exhibits placed in the buildings; and
4-25                 (11)  make a good-faith effort, with the board and the
4-26     architect, to assist Texas businesses to receive a significant
 5-1     percentage of the total value of all contract awards for the
 5-2     purchase of supplies, materials, services, and equipment that are
 5-3     made throughout the duration of the restoration project.
 5-4           SECTION 6.  Subsection (a), Section 443.007, Government Code,
 5-5     is amended to read as follows:
 5-6           (a)  The board shall:
 5-7                 (1)  preserve, maintain, and restore the Capitol, the
 5-8     General Land Office Building, their contents, and their grounds;
 5-9                 (2)  define the buildings' grounds, except that the
5-10     grounds may not include another state office building;
5-11                 (3)  review and approve the executive director's annual
5-12     budget and work plan, the [architect of the Capitol's] long-range
5-13     master plan for the buildings and their grounds, and the [curator
5-14     of the Capitol's] furnishings plan for placement and care of
5-15     objects under the care of the curator;
5-16                 (4)  approve all changes to the buildings and their
5-17     grounds, including usual maintenance and any transfers or loans of
5-18     objects under the curator of the Capitol's care;
5-19                 (5)  define and identify[, with the architect of the
5-20     Capitol,] all significant aspects of the buildings and their
5-21     grounds;
5-22                 (6)  define and identify, with the curator of the
5-23     Capitol, all significant contents of the buildings and all
5-24     state-owned items of historical significance that were at one time
5-25     in the buildings; and
5-26                 (7)  maintain records [archives] relating to the
 6-1     construction and development of the buildings, their contents, and
 6-2     their grounds, including documents such as plans, specifications,
 6-3     photographs, purchase orders, and other related documents, the
 6-4     original copies of which shall be maintained by the Texas State
 6-5     Library and Archives Commission.
 6-6           SECTION 7.  Subsection (d), Section 443.007, Government Code,
 6-7     is amended to read as follows:
 6-8           (d)  The board may purchase insurance policies to insure the
 6-9     buildings, [and] the contents of the buildings, and any other
6-10     personal property against any insurable risk, including insurance
6-11     covering historical artifacts, art, or other items on loan to the
6-12     board [that arises out of a construction or preservation project].
6-13           SECTION 8.  Chapter 443, Government Code, is amended by
6-14     adding Section 443.0072 to read as follows:
6-15           Sec. 443.0072.  POWERS AND DUTIES RELATING TO OTHER BUILDINGS
6-16     AND GROUNDS.  In regard to any buildings, contents, or grounds over
6-17     which the board has jurisdiction, the board has the same powers and
6-18     duties it has in regard to the Capitol and the General Land Office
6-19     Building, except as expressly limited by law.
6-20           SECTION 9.  Section 443.0101, Government Code, is amended by
6-21     adding Subsection (e) to read as follows:
6-22           (e)  The net proceeds from pay station telephones in the
6-23     Capitol or another building under the jurisdiction of the board
6-24     shall be deposited to the credit of the Capitol fund.
6-25           SECTION 10.  Chapter 443, Government Code, is amended by
6-26     adding Section 443.0103 to read as follows:
 7-1           Sec. 443.0103.  CAPITOL RENEWAL ACCOUNT.  (a)  The Capitol
 7-2     renewal account is a special account in the general revenue fund
 7-3     and consists of money appropriated for the purpose of the account.
 7-4           (b)  Money in the account may be used only for the purpose of
 7-5     maintaining and preserving the Capitol, the General Land Office
 7-6     Building, their contents, and their grounds.
 7-7           (c)  The pro rata portion of interest received from
 7-8     investment of money in the general revenue fund shall be credited
 7-9     to the account.
7-10           (d)  The account is exempt from the application of Sections
7-11     403.095 and 404.071.
7-12           SECTION 11.  Subsection (a), Section 443.016, Government
7-13     Code, is amended to read as follows:
7-14           (a)  Except as otherwise provided by this section, [The
7-15     architect of the Capitol shall direct that] to the extent
7-16     reasonable and practical [possible] only plants and trees
7-17     indigenous to this state may [will] be used in landscaping work on
7-18     the Capitol grounds.  The board may authorize the use of specimens
7-19     of nonindigenous plants that have historical significance in
7-20     relation to the Capitol grounds.
7-21           SECTION 12.  Section 443.021, Government Code, is amended to
7-22     read as follows:
7-23           Sec. 443.021.  STATE HISTORY MUSEUM.  The board is authorized
7-24     to develop, [and] construct, govern, and operate, from funds
7-25     appropriated for that purpose, a state history museum to be located
7-26     within the Capitol complex.  In this section, "Capitol complex" has
 8-1     the meaning assigned by Section 443.0071.
 8-2           SECTION 13.  Section 443.023, Government Code, is amended to
 8-3     read as follows:
 8-4           Sec. 443.023.  PURCHASE AND LEASE REQUIREMENTS FOR CERTAIN
 8-5     EXPENDITURES.  Subtitle D, Title 10, does not apply to a purchase
 8-6     or lease under this chapter [described by this section].  The
 8-7     executive director, as appropriate, may approve in writing the
 8-8     purchase or lease of goods and services needed to repair or improve
 8-9     an area within the Capitol, Capitol extension, Capitol grounds, or
8-10     General Land Office building, if the cost of the purchase or lease
8-11     will not exceed $15,000.  The executive director shall notify the
8-12     board in writing of any expenditures in excess of $15,000 made
8-13     under this chapter.
8-14           SECTION 14.  Chapter 443, Government Code, is amended by
8-15     adding Sections 443.025, 443.026, 443.027, and 443.028 to read as
8-16     follows:
8-17           Sec. 443.025.  WOODLAWN.  (a)  Title to the historic property
8-18     Woodlawn, also commonly known as Pease Mansion and Shivers Mansion,
8-19     located at No. 6 Niles Road in Austin, is in the name of the board.
8-20     The board shall:
8-21                 (1)  preserve,  maintain, restore, and furnish the
8-22     building;
8-23                 (2)  preserve, maintain, and restore its contents and
8-24     grounds; and
8-25                 (3)  otherwise provide for use of the building and
8-26     grounds.
 9-1           (b)  The board may set and collect a fee for the use of
 9-2     Woodlawn for special activities.  The board shall deposit money
 9-3     received under this subsection to the credit of the Capitol fund.
 9-4           Sec. 443.026.  TOURS.  (a)  The board may provide for public
 9-5     tours of the Capitol and the other buildings and grounds under the
 9-6     jurisdiction of the board.
 9-7           (b)  The board may provide for the transportation of visitors
 9-8     within the Capitol complex and between the buildings and grounds
 9-9     subject to the jurisdiction of the board.  In cooperation with
9-10     other public and private authorities, the board may participate in
9-11     providing for the transportation of visitors between the buildings
9-12     and grounds subject to the jurisdiction of the board and other
9-13     historic and cultural sites.
9-14           (c)  The board may set and collect a fee for transportation
9-15     under this section.  The board shall deposit money received under
9-16     this subsection to the credit of the Capitol fund.
9-17           Sec. 443.027.  PUBLICATIONS AND PUBLICITY.  (a)  Publicity of
9-18     the buildings, contents, and grounds subject to the jurisdiction of
9-19     the board is essential to the board's statutory objectives.  For
9-20     that purpose, the  board may:
9-21                 (1)  employ public relations personnel; and
9-22                 (2)  publish or contract for the publication of
9-23     brochures, books, and periodicals  intended for the general public
9-24     that are promotional, informational, or educational.
9-25           (b)  The board may sell at prices set by the board
9-26     publications printed under this section.
 10-1          Sec. 443.028.  CHAPEL.  The board may establish and maintain
 10-2    a chapel in the Capitol.
 10-3          SECTION 15.  Subtitle D, Title 4, Government Code, is amended
 10-4    by adding Chapter 445 to read as follows:
 10-5                 CHAPTER 445.  TEXAS STATE HISTORY MUSEUM
 10-6          Sec. 445.001.  MUSEUM.  (a)  The Bob Bullock Texas State
 10-7    History Museum is established for the purpose of educating and
 10-8    engaging visitors in the exciting and unique story of Texas and
 10-9    displaying objects and information relating to the history of
10-10    Texas.
10-11          (b)  The museum shall provide exhibits, programs, and
10-12    activities that support the education of public school students in
10-13    the essential knowledge and skills developed and adopted under
10-14    Chapter 28, Education Code.
10-15          (c)  The museum is not subject to the provisions of Section
10-16    2165.005.
10-17          Sec. 445.002.  GOVERNANCE.  (a)  The State Preservation Board
10-18    shall govern and provide for the operation of the museum.
10-19          (b)  Except to the extent of conflict with this chapter, the
10-20    board and the executive director of the board have the same powers
10-21    and duties in relation to the museum that they have in regard to
10-22    other facilities and programs under Chapter 443.
10-23          (c)  The governor, lieutenant governor, and speaker of the
10-24    house of representatives, in their capacities as members of the
10-25    board, shall each appoint one person to an advisory committee to
10-26    assist and advise the board in governing and operating the museum.
 11-1    A member of the board is eligible to serve on the advisory
 11-2    committee.
 11-3          Sec. 445.003.  VENDING FACILITIES.  (a)  In addition to
 11-4    exhibits and theaters, the museum may operate:
 11-5                (1)  a gift shop;
 11-6                (2)  food services, including one or more restaurants,
 11-7    cafeterias, and vending machines;
 11-8                (3)  pay station telephones;
 11-9                (4)  automated teller machines (ATMs); and
11-10                (5)  other services and facilities convenient or
11-11    necessary for visitors to the museum.
11-12          (b)  Chapter 94, Human Resources Code, does not apply to
11-13    vending facilities operated by or approved for operation in the
11-14    museum.
11-15          Sec. 445.004.  THEATERS; FILMS AND OTHER PRODUCTS.  (a)  The
11-16    museum may operate one or more film theaters, including a
11-17    large-format theater.
11-18          (b)  In addition to films connected with Texas history, the
11-19    museum may exhibit commercially produced entertainment films in
11-20    museum theaters.
11-21          (c)  The museum may develop and produce films and other
11-22    products and may retain royalties or otherwise receive revenue from
11-23    the production, distribution, exhibition, or sale of those films or
11-24    products.
11-25          Sec. 445.005.  MARKETING AND PUBLIC RELATIONS.  Marketing and
11-26    publicity of the museum's exhibits, programs, and activities is
 12-1    essential to the museum's statutory objectives.  For that purpose,
 12-2    the museum may:
 12-3                (1)  employ public relations personnel;
 12-4                (2)  publish brochures, books, and periodicals intended
 12-5    for the general public that are promotional, informational, or
 12-6    educational; and
 12-7                (3)  advertise the museum in any available media.
 12-8          Sec. 445.006.  TOURS; PARKING AND TRANSPORTATION.  The museum
 12-9    may provide parking for visitors and, in cooperation with other
12-10    public and private authorities, may participate in providing for
12-11    tour transportation of visitors between other historical and
12-12    cultural sites.
12-13          Sec. 445.007.  PRIVATE EVENTS.  (a)  The museum may rent all
12-14    or part of the museum facility at various times for private events.
12-15    The museum may restrict public access to that part of the facility
12-16    rented for a private event.
12-17          (b)  The museum may provide for the sale, gift, possession,
12-18    and consumption of alcoholic beverages at a private event held in
12-19    the facility.
12-20          Sec. 445.008.  INSURANCE.  The museum may purchase insurance
12-21    policies to insure the museum buildings and contents and other
12-22    personal property against any insurable risk, including insurance
12-23    covering historical artifacts, art, or other items on loan to the
12-24    museum.
12-25          Sec. 445.009.  CONTRACTS.  The museum may contract with
12-26    public or private entities to the extent necessary or convenient to
 13-1    the operation of the museum's exhibits, programs, activities, and
 13-2    facilities, including contracts for the acquisition by purchase or
 13-3    loan of items for exhibition.
 13-4          Sec. 445.010.  PROGRAM AND FACILITY ACCESSIBILITY.  The
 13-5    museum shall comply with federal and state laws related to program
 13-6    and facility accessibility.  The museum shall prepare and maintain
 13-7    a written plan that describes how a person who does not speak
 13-8    English can be provided reasonable access to the museum's programs
 13-9    and services.
13-10          Sec. 445.011.  FUNDING.  (a)  To the extent possible, the
13-11    costs of operating the museum shall be paid from revenues generated
13-12    by the museum, but the legislature may appropriate funds for the
13-13    operation of the museum.
13-14          (b)  The museum shall solicit and may accept gifts of money
13-15    or items from individuals and from public or private foundations
13-16    and organizations.
13-17          (c)  The museum may set and collect fees in amounts necessary
13-18    to provide for the operation of the museum, including fees for:
13-19                (1)  admission to exhibits, theaters, programs, and
13-20    activities;
13-21                (2)  parking and transportation; and
13-22                (3)  facility rental.
13-23          (d)  The museum may sell at prices set by the museum items
13-24    manufactured or publications printed under contract with the
13-25    museum.
13-26          (e)  All net revenue collected by the museum under this
 14-1    chapter, including the net revenue from vending facilities under
 14-2    Section 445.003, shall be credited to the Bob Bullock Texas State
 14-3    History Museum fund.
 14-4          (f)  The transactions, funds, and programs of the museum are
 14-5    subject to audit by the state auditor in accordance with Chapter
 14-6    321.
 14-7          Sec. 445.012.  MUSEUM FUND.  (a)  Money and securities
 14-8    received by the museum shall be held in trust outside the treasury
 14-9    by the comptroller in a special fund to be known as the Bob Bullock
14-10    Texas State History Museum fund.  The museum may spend money
14-11    received by the museum for any purpose connected with the museum.
14-12          (b)  The comptroller shall manage and invest the fund on
14-13    behalf of the museum as directed or agreed to by the museum.
14-14    Interest, dividends, and other income of the fund shall be credited
14-15    to the fund.
14-16          (c)  The museum shall prepare a detailed annual report on the
14-17    fund.  That report must describe the status of the fund, list all
14-18    donations to the fund, including the name of each donor, and list
14-19    all disbursements from the fund, including the purpose of each
14-20    disbursement.
14-21          (d)  The state auditor shall annually review the annual
14-22    report on the fund, and any information used in preparing the
14-23    report as the auditor determines necessary, and shall report any
14-24    findings or recommendations to the museum and the legislative audit
14-25    committee.
14-26          (e)  The fund is not subject to Subchapter F, Chapter 404.  A
 15-1    provision of this chapter or other law that provides for the
 15-2    deposit of money or another thing of value into the fund prevails
 15-3    over Subchapter F, Chapter 404.
 15-4          (f)  Subtitle D, Title 10, does not apply to a purchase or
 15-5    lease made with money from the fund.
 15-6          Sec. 445.013.  SUPPORT ORGANIZATIONS.  The museum may
 15-7    establish and maintain one or more organizations of persons
 15-8    interested in supporting the programs and activities of the museum.
 15-9    Such an organization may be incorporated as a Texas nonprofit
15-10    corporation.
15-11          SECTION 16.  Subsection (b), Section 415.117, and Subsection
15-12    (e), Section 443.003, Government Code, are repealed.
15-13          SECTION 17.  The Bob Bullock Texas State History Museum
15-14    established under Chapter 445, Government Code, as added by Section
15-15    15 of this Act is dedicated to former Lieutenant Governor Bob
15-16    Bullock in recognition of his contribution to the people of the
15-17    State of Texas through a life of public service and in recognition
15-18    of his vision in proposing and securing funding for the museum.
15-19    The State  Preservation Board shall install in a prominent place in
15-20    the museum a  plaque commemorating the dedication of the museum to
15-21    Bob Bullock.
15-22          SECTION 18.  The importance of this legislation and the
15-23    crowded condition of the calendars in both houses create an
15-24    emergency and an imperative public necessity that the
15-25    constitutional rule requiring bills to be read on three several
15-26    days in each house be suspended, and this rule is hereby suspended,
 16-1    and that this Act take effect and be in force from and after its
 16-2    passage, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 494 passed the Senate on
         March 15, 1999, by the following vote:  Yeas 30, Nays 0; and that
         the Senate concurred in House amendment on May 6, 1999, by the
         following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 494 passed the House, with
         amendment, on May 3, 1999, by the following vote:  Yeas 137,
         Nays 0, two present not voting.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor