1-1     By:  Harris                                            S.B. No. 494
 1-2           (In the Senate - Filed February 11, 1999; February 15, 1999,
 1-3     read first time and referred to Committee on Administration;
 1-4     March 1, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; March 1, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 494                   By:  Harris
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the operations, powers, and duties of the State
1-11     Preservation Board.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subsection (b), Section 443.004, Government Code,
1-14     is amended to read as follows:
1-15           (b)  The board shall meet [at least quarterly each year and
1-16     at other times] at the call of the governor and as provided by
1-17     board rules.
1-18           SECTION 2.  Section 443.005, Government Code, is amended to
1-19     read as follows:
1-20           Sec. 443.005.  ARCHITECT OF THE CAPITOL.  (a)  The executive
1-21     director [board] may employ an architect of the Capitol who serves
1-22     under the direction of the executive director [board].
1-23           (b)  The architect of the Capitol must:
1-24                 (1)  have a bachelor's degree from an institution of
1-25     higher education;
1-26                 (2)  be registered to practice architecture in this
1-27     state; and
1-28                 (3)  have at least four years' experience in various
1-29     aspects of architectural preservation, including historical
1-30     research, preparation of plans and specifications, personnel
1-31     management, policy development, and budget management.
1-32           [(c)  The architect of the Capitol shall:]
1-33                 [(1)  develop for board approval a master plan with a
1-34     projection of at least 20 years concerning the maintenance,
1-35     preservation, restoration, and modification of the Capitol and the
1-36     General Land Office Building and their grounds, including a plan to
1-37     restore the buildings to their original architecture;]
1-38                 [(2)  review an annual work program and budget prepared
1-39     under the direction of the executive director to support the master
1-40     plan; and]
1-41                 [(3)  develop a program to purchase or accept by
1-42     donation, permanent loan, or outside funding items necessary to
1-43     implement the master plan.]
1-44           SECTION 3.  Subsections (a) and (b), Section 443.0051,
1-45     Government Code, are amended to read as follows:
1-46           (a)  The board may employ an executive director who serves
1-47     under the sole direction of the board[, or the board may assign the
1-48     duties of an executive director to the architect of the Capitol as
1-49     additional duties of the architect's employment].
1-50           (b)  The executive director shall:
1-51                 (1)  employ staff necessary to administer the functions
1-52     of the office and contract for professional services of qualified
1-53     consultants, including architectural historians, landscape
1-54     architects with experience in landscape architectural preservation,
1-55     conservators, historians, historic architects, engineers, and
1-56     craftsmen;
1-57                 (2)  direct and coordinate the activities of the
1-58     architect of the Capitol, the curator of the Capitol, and other
1-59     board employees; and
1-60                 (3)  provide for the preparation of and recommend for
1-61     board approval an annual budget and work plan consistent with the
1-62     master plan for [of the architect of] the Capitol and the
1-63     furnishings plan [of the curator] of the Capitol for all work under
1-64     this chapter, including usual maintenance for the buildings, their
 2-1     contents, and their grounds.
 2-2           SECTION 4.  Chapter 443, Government Code, is amended by
 2-3     adding Section 443.0054 to read as follows:
 2-4           Sec. 443.0054.  COMPENSATORY TIME FOR EMPLOYEES EXEMPT FROM
 2-5     FLSA.  For employees who are not subject to the overtime provisions
 2-6     of the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et
 2-7     seq.), as amended, the board shall allow compensatory time off in
 2-8     accordance with a schedule adopted by the board for hours worked in
 2-9     a week in which the combination of hours worked, paid leave, and
2-10     holidays exceeds a total of 40 hours.
2-11           SECTION 5.  Subsection (b), Section 443.006, Government Code,
2-12     is amended to read as follows:
2-13           (b)  The curator of the Capitol shall:
2-14                 (1)  assist in matters dealing with the preservation of
2-15     historic materials;
2-16                 (2)  develop and maintain a registration system and
2-17     inventory of the contents of the Capitol and the General Land
2-18     Office Building and their grounds [and of the original documents
2-19     relating to the buildings' construction and alteration];
2-20                 (3)  develop a program to purchase or accept by
2-21     donation, permanent loan, or outside funding items of historical
2-22     significance that were at one time in the buildings and that are
2-23     not owned by the state;
2-24                 (4)  develop a program to locate and acquire
2-25     state-owned items of historical significance that were at one time
2-26     in the buildings;
2-27                 (5)  develop a collections policy regarding the items
2-28     of historic significance as identified in the registration system
2-29     and inventory for the approval of the board;
2-30                 (6)  make recommendations on conservation needs and
2-31     make arrangements to contract for conservation services for objects
2-32     of significance;
2-33                 (7)  make recommendations for the transfer or loan of
2-34     objects of significance as detailed in the approved collections
2-35     policy;
2-36                 (8)  develop for board approval a furnishings plan for
2-37     the placement and care of objects under the care of the curator;
2-38                 (9)  make recommendations to transfer, sell, or
2-39     otherwise dispose of unused surplus property that is not of
2-40     significance as defined in the collections policy and by the
2-41     registration system and inventory prepared by the curator, in the
2-42     manner provided by Chapter 2175;
2-43                 (10)  approve all exhibits placed in the buildings; and
2-44                 (11)  make a good-faith effort, with the board and the
2-45     architect, to assist Texas businesses to receive a significant
2-46     percentage of the total value of all contract awards for the
2-47     purchase of supplies, materials, services, and equipment that are
2-48     made throughout the duration of the restoration project.
2-49           SECTION 6.  Subsection (a), Section 443.007, Government Code,
2-50     is amended to read as follows:
2-51           (a)  The board shall:
2-52                 (1)  preserve, maintain, and restore the Capitol, the
2-53     General Land Office Building, their contents, and their grounds;
2-54                 (2)  define the buildings' grounds, except that the
2-55     grounds may not include another state office building;
2-56                 (3)  review and approve the executive director's annual
2-57     budget and work plan, the [architect of the Capitol's] long-range
2-58     master plan for the buildings and their grounds, and the [curator
2-59     of the Capitol's] furnishings plan for placement and care of
2-60     objects under the care of the curator;
2-61                 (4)  approve all changes to the buildings and their
2-62     grounds, including usual maintenance and any transfers or loans of
2-63     objects under the curator of the Capitol's care;
2-64                 (5)  define and identify[, with the architect of the
2-65     Capitol,] all significant aspects of the buildings and their
2-66     grounds;
2-67                 (6)  define and identify, with the curator of the
2-68     Capitol, all significant contents of the buildings and all
2-69     state-owned items of historical significance that were at one time
 3-1     in the buildings; and
 3-2                 (7)  maintain records [archives] relating to the
 3-3     construction and development of the buildings, their contents, and
 3-4     their grounds, including documents such as plans, specifications,
 3-5     photographs, purchase orders, and other related documents, the
 3-6     original copies of which shall be maintained by the Texas State
 3-7     Library and Archives Commission.
 3-8           SECTION 7.  Subsection (d), Section 443.007, Government Code,
 3-9     is amended to read as follows:
3-10           (d)  The board may purchase insurance policies to insure the
3-11     buildings, [and] the contents of the buildings, and any other
3-12     personal property against any insurable risk, including insurance
3-13     covering historical artifacts, art, or other items on loan to the
3-14     board [that arises out of a construction or preservation project].
3-15           SECTION 8.  Chapter 443, Government Code, is amended by
3-16     adding Section 443.0072 to read as follows:
3-17           Sec. 443.0072.  POWERS AND DUTIES RELATING TO OTHER BUILDINGS
3-18     AND GROUNDS.  In regard to any buildings, contents, or grounds over
3-19     which the board has jurisdiction, the board has the same powers and
3-20     duties it has in regard to the Capitol and the General Land Office
3-21     Building, except as expressly limited by law.
3-22           SECTION 9.  Section 443.0101, Government Code, is amended by
3-23     adding Subsection (e) to read as follows:
3-24           (e)  The net proceeds from pay station telephones in the
3-25     Capitol or another building under the jurisdiction of the board
3-26     shall be deposited to the credit of the Capitol fund.
3-27           SECTION 10.  Chapter 443, Government Code, is amended by
3-28     adding Section 443.0103 to read as follows:
3-29           Sec. 443.0103.  CAPITOL RENEWAL ACCOUNT.  (a)  The Capitol
3-30     renewal account is a special account in the general revenue fund
3-31     and consists of money appropriated for the purpose of the account.
3-32           (b)  Money in the account may be used only for the purpose of
3-33     maintaining and preserving the Capitol, the General Land Office
3-34     Building, their contents, and their grounds.
3-35           (c)  The pro rata portion of interest received from
3-36     investment of money in the general revenue fund shall be credited
3-37     to the account.
3-38           (d)  The account is exempt from the application of Sections
3-39     403.095 and 404.071.
3-40           SECTION 11.  Subsection (a), Section 443.016, Government
3-41     Code, is amended to read as follows:
3-42           (a)  Except as otherwise provided by this section, [The
3-43     architect of the Capitol shall direct that] to the extent
3-44     reasonable and practical [possible] only plants and trees
3-45     indigenous to this state may [will] be used in landscaping work on
3-46     the Capitol grounds.  The board may authorize the use of specimens
3-47     of nonindigenous plants that have historical significance in
3-48     relation to the Capitol grounds.
3-49           SECTION 12.  Section 443.021, Government Code, is amended to
3-50     read as follows:
3-51           Sec. 443.021.  STATE HISTORY MUSEUM.  The board is authorized
3-52     to develop, [and] construct, govern, and operate, from funds
3-53     appropriated for that purpose, a state history museum to be located
3-54     within the Capitol complex.  In this section, "Capitol complex" has
3-55     the meaning assigned by Section 443.0071.
3-56           SECTION 13.  Section 443.023, Government Code, is amended to
3-57     read as follows:
3-58           Sec. 443.023.  PURCHASE AND LEASE REQUIREMENTS FOR CERTAIN
3-59     EXPENDITURES.  Subtitle D, Title 10, does not apply to a purchase
3-60     or lease under this chapter [described by this section.  The
3-61     executive director, as appropriate, may approve in writing the
3-62     purchase or lease of goods and services needed to repair or improve
3-63     an area within the Capitol, Capitol extension, Capitol grounds, or
3-64     General Land Office building, if the cost of the purchase or lease
3-65     will not exceed $15,000].
3-66           SECTION 14.  Chapter 443, Government Code, is amended by
3-67     adding Sections 443.025, 443.026, and 443.027 to read as follows:
3-68           Sec. 443.025.  WOODLAWN.  (a)  Title to the historic property
3-69     Woodlawn, also commonly known as Pease Mansion and Shivers Mansion,
 4-1     located at No. 6 Niles Road in Austin, is in the name of the board.
 4-2     The board shall:
 4-3                 (1)  preserve,  maintain, restore, and furnish the
 4-4     building;
 4-5                 (2)  preserve, maintain, and restore its contents and
 4-6     grounds; and
 4-7                 (3)  otherwise provide for use of the building and
 4-8     grounds.
 4-9           (b)  The board may set and collect a fee for the use of
4-10     Woodlawn for special activities.  The board shall deposit money
4-11     received under this subsection to the credit of the Capitol fund.
4-12           Sec. 443.026.  TOURS.  (a)  The board may provide for public
4-13     tours of the Capitol and the other buildings and grounds under the
4-14     jurisdiction of the board.
4-15           (b)  The board may provide for the transportation of visitors
4-16     within the Capitol complex and between the buildings and grounds
4-17     subject to the jurisdiction of the board.  In cooperation with
4-18     other public and private authorities, the board may participate in
4-19     providing for the transportation of visitors between the buildings
4-20     and grounds subject to the jurisdiction of the board and other
4-21     historic and cultural sites.
4-22           (c)  The board may set and collect a fee for transportation
4-23     under this section.  The board shall deposit money received under
4-24     this subsection to the credit of the Capitol fund.
4-25           Sec. 443.027.  PUBLICATIONS AND PUBLICITY.  (a)  Publicity of
4-26     the buildings, contents, and grounds subject to the jurisdiction of
4-27     the board is essential to the board's statutory objectives.  For
4-28     that purpose, the  board may:
4-29                 (1)  employ public relations personnel; and
4-30                 (2)  publish or contract for the publication of
4-31     brochures, books, and periodicals  intended for the general public
4-32     that are promotional, informational, or educational.
4-33           (b)  The board may sell at prices set by the board
4-34     publications printed under this section.
4-35           SECTION 15.  Subsection (b), Section 415.117, and Subsection
4-36     (e), Section 443.003, Government Code, are repealed.
4-37           SECTION 16.  The importance of this legislation and the
4-38     crowded condition of the calendars in both houses create an
4-39     emergency and an imperative public necessity that the
4-40     constitutional rule requiring bills to be read on three several
4-41     days in each house be suspended, and this rule is hereby suspended,
4-42     and that this Act take effect and be in force from and after its
4-43     passage, and it is so enacted.
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