By Harris S.B. No. 786
76R7658 SRC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas State History Museum.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle D, Title 4, Government Code, is amended
1-5 by adding Chapter 445 to read as follows:
1-6 CHAPTER 445. TEXAS STATE HISTORY MUSEUM
1-7 Sec. 445.001. MUSEUM. (a) The Texas State History Museum
1-8 is established for the purpose of educating and engaging visitors
1-9 in the exciting and unique story of Texas and displaying objects
1-10 and information relating to the history of Texas.
1-11 (b) The museum shall provide exhibits, programs, and
1-12 activities that support the education of public school students in
1-13 the essential knowledge and skills developed and adopted under
1-14 Chapter 28, Education Code.
1-15 Sec. 445.002. GOVERNANCE. (a) The State Preservation Board
1-16 shall govern and provide for the operation of the museum.
1-17 (b) Except to the extent of conflict with this chapter, the
1-18 board and the executive director of the board have the same powers
1-19 and duties in relation to the museum that they have in regard to
1-20 other facilities and programs under Chapter 443.
1-21 (c) The governor, lieutenant governor, and speaker of the
1-22 house of representatives, in their capacities as members of the
1-23 State Preservation Board, shall each appoint one person to an
1-24 advisory committee to assist and advise the board in governing and
2-1 operating the museum. A member of the board is eligible to serve
2-2 on the advisory committee.
2-3 Sec. 445.003. VENDING FACILITIES. (a) In addition to
2-4 exhibits and theaters, the museum may operate:
2-5 (1) a gift shop;
2-6 (2) food services, including one or more restaurants,
2-7 cafeterias, and vending machines;
2-8 (3) pay station telephones;
2-9 (4) automated teller machines (ATMs); and
2-10 (5) other services and facilities convenient or
2-11 necessary for visitors to the museum.
2-12 (b) Chapter 94, Human Resources Code, does not apply to
2-13 vending facilities operated by or approved for operation in the
2-14 museum.
2-15 Sec. 445.004. THEATERS; FILMS AND OTHER PRODUCTS. (a) The
2-16 museum may operate one or more film theaters, including a
2-17 large-format theater.
2-18 (b) In addition to films connected with Texas history, the
2-19 museum may exhibit commercially produced entertainment films in
2-20 museum theaters.
2-21 (c) The museum may develop and produce films and other
2-22 products and may retain royalties or otherwise receive revenue from
2-23 the production, distribution, exhibition, or sale of those films or
2-24 products.
2-25 Sec. 445.005. MARKETING AND PUBLIC RELATIONS. Marketing and
2-26 publicity of the museum's exhibits, programs, and activities is
2-27 essential to the museum's statutory objectives. For that purpose,
3-1 the museum may:
3-2 (1) employ public relations personnel;
3-3 (2) publish brochures, books, and periodicals intended
3-4 for the general public that are promotional, informational, or
3-5 educational; and
3-6 (3) advertise the museum in any available media.
3-7 Sec. 445.006. TOURS; PARKING AND TRANSPORTATION. The museum
3-8 may provide parking for visitors and, in cooperation with other
3-9 public and private authorities, may participate in providing for
3-10 tour transportation of visitors between other historical and
3-11 cultural sites.
3-12 Sec. 445.007. PRIVATE EVENTS. (a) The museum may rent all
3-13 or part of the museum facility at various times for private events.
3-14 The museum may restrict public access to that part of the facility
3-15 rented for a private event.
3-16 (b) The museum may provide for the sale, gift, possession,
3-17 and consumption of alcoholic beverages at a private event held in
3-18 the facility.
3-19 Sec. 445.008. INSURANCE. The museum may purchase insurance
3-20 policies to insure the museum buildings and contents and other
3-21 personal property against any insurable risk, including insurance
3-22 covering historical artifacts, art, or other items on loan to the
3-23 museum.
3-24 Sec. 445.009. CONTRACTS. The museum may contract with
3-25 public or private entities to the extent necessary or convenient to
3-26 the operation of the museum's exhibits, programs, activities, and
3-27 facilities, including contracts for the acquisition by purchase or
4-1 loan of items for exhibition.
4-2 Sec. 445.010. PROGRAM AND FACILITY ACCESSIBILITY. The
4-3 museum shall comply with federal and state laws related to program
4-4 and facility accessibility. The museum shall prepare and maintain
4-5 a written plan that describes how a person who does not speak
4-6 English can be provided reasonable access to the museum's programs
4-7 and services.
4-8 Sec. 445.011. FUNDING. (a) To the extent possible, the
4-9 costs of operating the museum shall be paid from revenues generated
4-10 by the museum, but the legislature may appropriate funds for the
4-11 operation of the museum.
4-12 (b) The museum shall solicit and may accept gifts of money
4-13 or items from individuals and from public or private foundations
4-14 and organizations.
4-15 (c) The museum may set and collect fees in amounts necessary
4-16 to provide for the operation of the museum, including fees for:
4-17 (1) admission to exhibits, theaters, programs, and
4-18 activities;
4-19 (2) parking and transportation; and
4-20 (3) facility rental.
4-21 (d) The museum may sell at prices set by the museum items
4-22 manufactured or publications printed under contract with the
4-23 museum.
4-24 (e) All net revenue collected by the museum under this
4-25 chapter, including the net revenue from vending facilities under
4-26 Section 445.003, shall be credited to the Texas State History
4-27 Museum fund.
5-1 (f) The transactions, funds, and programs of the museum are
5-2 subject to audit by the state auditor in accordance with Chapter
5-3 321.
5-4 Sec. 445.012. MUSEUM FUND. (a) Money and securities
5-5 received by the museum shall be held in trust outside the treasury
5-6 by the comptroller in a special fund to be known as the Texas State
5-7 History Museum fund. The museum may spend money received by the
5-8 museum for any purpose connected with the museum.
5-9 (b) The comptroller shall manage and invest the fund on
5-10 behalf of the museum as directed or agreed to by the museum.
5-11 Interest, dividends, and other income of the fund shall be credited
5-12 to the fund.
5-13 (c) The museum shall prepare a detailed annual report on the
5-14 fund. That report must describe the status of the fund, list all
5-15 donations to the fund, including the name of each donor, and list
5-16 all disbursements from the fund, including the purpose of each
5-17 disbursement.
5-18 (d) The state auditor shall annually review the annual
5-19 report on the fund, and any information used in preparing the
5-20 report as the auditor determines necessary, and shall report any
5-21 findings or recommendations to the museum and the legislative audit
5-22 committee.
5-23 (e) The fund is not subject to Subchapter F, Chapter 404. A
5-24 provision of this chapter or other law that provides for the
5-25 deposit of money or another thing of value into the fund prevails
5-26 over Subchapter F, Chapter 404.
5-27 (f) Subtitle D, Title 10, does not apply to a purchase or
6-1 lease made with money from the fund.
6-2 Sec. 445.013. SUPPORT ORGANIZATIONS. The museum may
6-3 establish and maintain one or more organizations of persons
6-4 interested in supporting the programs and activities of the museum.
6-5 Such an organization may be incorporated as a Texas nonprofit
6-6 corporation.
6-7 SECTION 2. The Texas State History Museum is dedicated to
6-8 former Lieutenant Governor Bob Bullock in recognition of his
6-9 contribution to the people of the State of Texas through a life of
6-10 public service and in recognition of his vision in proposing and
6-11 securing funding for the museum. The State Preservation Board
6-12 shall install in a prominent place in the museum a plaque
6-13 commemorating the dedication of the museum to Bob Bullock.
6-14 SECTION 3. The importance of this legislation and the
6-15 crowded condition of the calendars in both houses create an
6-16 emergency and an imperative public necessity that the
6-17 constitutional rule requiring bills to be read on three several
6-18 days in each house be suspended, and this rule is hereby suspended,
6-19 and that this Act take effect and be in force from and after its
6-20 passage, and it is so enacted.