SRC-BWC H.B. 2439 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2439
By: Goolsby (Cain)
Administration
5/4/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, there is an inaugural fund in the state treasury used
only for expenditures reasonably related to conducting inaugural ceremonies
and related events. After the inauguration, the inaugural committee
delivers to the state treasurer all unexpended non-appropriated funds,
which are then deposited in the state treasury to the credit of the
inaugural fund. Since money in the fund can only be used for inaugural
ceremonies, there is a standing account balance that can only serve Texans
every four years.  H.B. 2439 creates the inaugural endowment fund from the
surplus balance of the inaugural fund exceeding $100,000, plus any amounts
necessary to cover fund obligations, and allows this money to be used for
certain preservation projects and for grants to public schools and
libraries.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 401A, Government Code, by adding Section
401.011, as follows: 

Sec. 401.011.  INAUGURAL ENDOWMENT FUND.  (a)  Provides that to the extent
that the balance of the inaugural fund exceeds $100,000 plus the amount
necessary to cover fund obligations, on the date the inaugural committee
appointed for an inauguration is dissolved that balance is required to be
transferred to an account in the general revenue fund to be known as the
inaugural endowment fund.  Requires the fund to be administered and
expended in accordance with this section.  

 (b)  Authorizes the fund to be expended for decorating, furnishing,
preserving, or improving the Capitol, the Governor's Mansion, or other
state property of historical significance or for grants in support of
public schools or public libraries at the discretion of the inaugural
endowment fund committee.  

 (c)  Provides that the inaugural endowment fund committee is composed of
the chair of the Texas Historical Commission, a person appointed by the
governor, a person appointed by the lieutenant governor, and a person
appointed by the speaker of the house of representatives. Authorizes the
spouse of the governor, of a member of the legislature, or of another state
officer to be appointed to the committee, notwithstanding other law.
Requires the governor to designate the chair of the committee from among
the members.  
 
 (d)  Provides that appointed members of the committee serve for terms of
two years, expiring on the third Tuesday in January in odd-numbered years.
Provides that committee members serve without compensation or reimbursement
for travel or personal expenses incurred in carrying out committee duties,
except that the service of the chair of the Texas Historical Commission is
considered an additional duty of that  office and expenses for that person
are required to be reimbursed by the commission to the same extent as for
performance of other commission duties.  
 
 (e)  Prohibits operations of the committee from being conducted at state
expense, and prohibits committee functions from being carried out through
the use of state personnel or equipment.  
 
 (f)  Requires the committee to file a report with the secretary of state,
not later than October 1 of each year, detailing expenditures made during
the 12 months ending on the August 31 preceding the report. Requires the
secretary of state to publish the report in the Texas Register.  
 
 (g)  Provides that the committee is a governmental body for purposes of
Chapters 551 and 552 but is not subject to Chapter 2001.  
 
(h)  Provides that Section 403.095 does not apply to the inaugural
endowment fund.  
 
SECTION 2.  Effective date:  February 1, 2003.

 _Requires the governor, lieutenant governor, and speaker of the house of
representatives to make the initial appointments to the inaugural endowment
fund committee not later than March 1, 2003.