By Harris S.B. No. 494
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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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:
3-9 Sec. 443.0054. COMPENSATORY TIME FOR EMPLOYEES EXEMPT FROM
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:
6-10 Sec. 443.0072. POWERS AND DUTIES RELATING TO OTHER BUILDINGS
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:
7-21 Sec. 443.023. PURCHASE AND LEASE REQUIREMENTS FOR CERTAIN
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.