By: Harris S.B. No. 494
A BILL TO BE ENTITLED
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, and 443.027 to read as follows:
8-16 Sec. 443.025. WOODLAWN. (a) Title to the historic property
8-17 Woodlawn, also commonly known as Pease Mansion and Shivers Mansion,
8-18 located at No. 6 Niles Road in Austin, is in the name of the board.
8-19 The board shall:
8-20 (1) preserve, maintain, restore, and furnish the
8-21 building;
8-22 (2) preserve, maintain, and restore its contents and
8-23 grounds; and
8-24 (3) otherwise provide for use of the building and
8-25 grounds.
8-26 (b) The board may set and collect a fee for the use of
9-1 Woodlawn for special activities. The board shall deposit money
9-2 received under this subsection to the credit of the Capitol fund.
9-3 Sec. 443.026. TOURS. (a) The board may provide for public
9-4 tours of the Capitol and the other buildings and grounds under the
9-5 jurisdiction of the board.
9-6 (b) The board may provide for the transportation of visitors
9-7 within the Capitol complex and between the buildings and grounds
9-8 subject to the jurisdiction of the board. In cooperation with
9-9 other public and private authorities, the board may participate in
9-10 providing for the transportation of visitors between the buildings
9-11 and grounds subject to the jurisdiction of the board and other
9-12 historic and cultural sites.
9-13 (c) The board may set and collect a fee for transportation
9-14 under this section. The board shall deposit money received under
9-15 this subsection to the credit of the Capitol fund.
9-16 Sec. 443.027. PUBLICATIONS AND PUBLICITY. (a) Publicity of
9-17 the buildings, contents, and grounds subject to the jurisdiction of
9-18 the board is essential to the board's statutory objectives. For
9-19 that purpose, the board may:
9-20 (1) employ public relations personnel; and
9-21 (2) publish or contract for the publication of
9-22 brochures, books, and periodicals intended for the general public
9-23 that are promotional, informational, or educational.
9-24 (b) The board may sell at prices set by the board
9-25 publications printed under this section.
9-26 SECTION 15. Subtitle D, Title 4, Government Code, is amended
10-1 by adding Chapter 445 to read as follows:
10-2 CHAPTER 445. TEXAS STATE HISTORY MUSEUM
10-3 Sec. 445.001. MUSEUM. (a) The Bob Bullock Texas State
10-4 History Museum is established for the purpose of educating and
10-5 engaging visitors in the exciting and unique story of Texas and
10-6 displaying objects and information relating to the history of
10-7 Texas.
10-8 (b) The museum shall provide exhibits, programs, and
10-9 activities that support the education of public school students in
10-10 the essential knowledge and skills developed and adopted under
10-11 Chapter 28, Education Code.
10-12 (c) The museum is not subject to the provisions of Section
10-13 2165.005.
10-14 Sec. 445.002. GOVERNANCE. (a) The State Preservation Board
10-15 shall govern and provide for the operation of the museum.
10-16 (b) Except to the extent of conflict with this chapter, the
10-17 board and the executive director of the board have the same powers
10-18 and duties in relation to the museum that they have in regard to
10-19 other facilities and programs under Chapter 443.
10-20 (c) The governor, lieutenant governor, and speaker of the
10-21 house of representatives, in their capacities as members of the
10-22 board, shall each appoint one person to an advisory committee to
10-23 assist and advise the board in governing and operating the museum.
10-24 A member of the board is eligible to serve on the advisory
10-25 committee.
10-26 Sec. 445.003. VENDING FACILITIES. (a) In addition to
11-1 exhibits and theaters, the museum may operate:
11-2 (1) a gift shop;
11-3 (2) food services, including one or more restaurants,
11-4 cafeterias, and vending machines;
11-5 (3) pay station telephones;
11-6 (4) automated teller machines (ATMs); and
11-7 (5) other services and facilities convenient or
11-8 necessary for visitors to the museum.
11-9 (b) Chapter 94, Human Resources Code, does not apply to
11-10 vending facilities operated by or approved for operation in the
11-11 museum.
11-12 Sec. 445.004. THEATERS; FILMS AND OTHER PRODUCTS. (a) The
11-13 museum may operate one or more film theaters, including a
11-14 large-format theater.
11-15 (b) In addition to films connected with Texas history, the
11-16 museum may exhibit commercially produced entertainment films in
11-17 museum theaters.
11-18 (c) The museum may develop and produce films and other
11-19 products and may retain royalties or otherwise receive revenue from
11-20 the production, distribution, exhibition, or sale of those films or
11-21 products.
11-22 Sec. 445.005. MARKETING AND PUBLIC RELATIONS. Marketing and
11-23 publicity of the museum's exhibits, programs, and activities is
11-24 essential to the museum's statutory objectives. For that purpose,
11-25 the museum may:
11-26 (1) employ public relations personnel;
12-1 (2) publish brochures, books, and periodicals intended
12-2 for the general public that are promotional, informational, or
12-3 educational; and
12-4 (3) advertise the museum in any available media.
12-5 Sec. 445.006. TOURS; PARKING AND TRANSPORTATION. The museum
12-6 may provide parking for visitors and, in cooperation with other
12-7 public and private authorities, may participate in providing for
12-8 tour transportation of visitors between other historical and
12-9 cultural sites.
12-10 Sec. 445.007. PRIVATE EVENTS. (a) The museum may rent all
12-11 or part of the museum facility at various times for private events.
12-12 The museum may restrict public access to that part of the facility
12-13 rented for a private event.
12-14 (b) The museum may provide for the sale, gift, possession,
12-15 and consumption of alcoholic beverages at a private event held in
12-16 the facility.
12-17 Sec. 445.008. INSURANCE. The museum may purchase insurance
12-18 policies to insure the museum buildings and contents and other
12-19 personal property against any insurable risk, including insurance
12-20 covering historical artifacts, art, or other items on loan to the
12-21 museum.
12-22 Sec. 445.009. CONTRACTS. The museum may contract with
12-23 public or private entities to the extent necessary or convenient to
12-24 the operation of the museum's exhibits, programs, activities, and
12-25 facilities, including contracts for the acquisition by purchase or
12-26 loan of items for exhibition.
13-1 Sec. 445.010. PROGRAM AND FACILITY ACCESSIBILITY. The
13-2 museum shall comply with federal and state laws related to program
13-3 and facility accessibility. The museum shall prepare and maintain
13-4 a written plan that describes how a person who does not speak
13-5 English can be provided reasonable access to the museum's programs
13-6 and services.
13-7 Sec. 445.011. FUNDING. (a) To the extent possible, the
13-8 costs of operating the museum shall be paid from revenues generated
13-9 by the museum, but the legislature may appropriate funds for the
13-10 operation of the museum.
13-11 (b) The museum shall solicit and may accept gifts of money
13-12 or items from individuals and from public or private foundations
13-13 and organizations.
13-14 (c) The museum may set and collect fees in amounts necessary
13-15 to provide for the operation of the museum, including fees for:
13-16 (1) admission to exhibits, theaters, programs, and
13-17 activities;
13-18 (2) parking and transportation; and
13-19 (3) facility rental.
13-20 (d) The museum may sell at prices set by the museum items
13-21 manufactured or publications printed under contract with the
13-22 museum.
13-23 (e) All net revenue collected by the museum under this
13-24 chapter, including the net revenue from vending facilities under
13-25 Section 445.003, shall be credited to the Bob Bullock Texas State
13-26 History Museum fund.
14-1 (f) The transactions, funds, and programs of the museum are
14-2 subject to audit by the state auditor in accordance with Chapter
14-3 321.
14-4 Sec. 445.012. MUSEUM FUND. (a) Money and securities
14-5 received by the museum shall be held in trust outside the treasury
14-6 by the comptroller in a special fund to be known as the Bob Bullock
14-7 Texas State History Museum fund. The museum may spend money
14-8 received by the museum for any purpose connected with the museum.
14-9 (b) The comptroller shall manage and invest the fund on
14-10 behalf of the museum as directed or agreed to by the museum.
14-11 Interest, dividends, and other income of the fund shall be credited
14-12 to the fund.
14-13 (c) The museum shall prepare a detailed annual report on the
14-14 fund. That report must describe the status of the fund, list all
14-15 donations to the fund, including the name of each donor, and list
14-16 all disbursements from the fund, including the purpose of each
14-17 disbursement.
14-18 (d) The state auditor shall annually review the annual
14-19 report on the fund, and any information used in preparing the
14-20 report as the auditor determines necessary, and shall report any
14-21 findings or recommendations to the museum and the legislative audit
14-22 committee.
14-23 (e) The fund is not subject to Subchapter F, Chapter 404. A
14-24 provision of this chapter or other law that provides for the
14-25 deposit of money or another thing of value into the fund prevails
14-26 over Subchapter F, Chapter 404.
15-1 (f) Subtitle D, Title 10, does not apply to a purchase or
15-2 lease made with money from the fund.
15-3 Sec. 445.013. SUPPORT ORGANIZATIONS. The museum may
15-4 establish and maintain one or more organizations of persons
15-5 interested in supporting the programs and activities of the museum.
15-6 Such an organization may be incorporated as a Texas nonprofit
15-7 corporation.
15-8 SECTION 16. Subsection (b), Section 415.117, and Subsection
15-9 (e), Section 443.003, Government Code, are repealed.
15-10 SECTION 17. The Bob Bullock Texas State History Museum
15-11 established under Chapter 445, Government Code, as added by Section
15-12 15 of this Act is dedicated to former Lieutenant Governor Bob
15-13 Bullock in recognition of his contribution to the people of the
15-14 State of Texas through a life of public service and in recognition
15-15 of his vision in proposing and securing funding for the museum.
15-16 The State Preservation Board shall install in a prominent place in
15-17 the museum a plaque commemorating the dedication of the museum to
15-18 Bob Bullock.
15-19 SECTION 18. The importance of this legislation and the
15-20 crowded condition of the calendars in both houses create an
15-21 emergency and an imperative public necessity that the
15-22 constitutional rule requiring bills to be read on three several
15-23 days in each house be suspended, and this rule is hereby suspended,
15-24 and that this Act take effect and be in force from and after its
15-25 passage, and it is so enacted.