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.
4-44 * * * * *