77R7497 BDH-D
By Pitts, Hunter H.B. No. 1059
Substitute the following for H.B. No. 1059:
By Hunter C.S.H.B. No. 1059
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to state symbols and place designations adopted by the
1-3 legislature.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 3, Government Code, is amended by adding
1-6 Subtitle Z to read as follows:
1-7 SUBTITLE Z. MISCELLANEOUS PROVISIONS
1-8 CHAPTER 391. RESOLUTIONS FOR STATE SYMBOLS
1-9 AND PLACE DESIGNATIONS
1-10 Sec. 391.001. EFFECT OF CHAPTER. (a) This chapter governs
1-11 the designation of state symbols and place designations made by the
1-12 legislature by resolution approved by each house of the
1-13 legislature.
1-14 (b) This chapter does not affect the designation of a state
1-15 symbol or a place designation made by:
1-16 (1) resolution before September 1, 2001; or
1-17 (2) statute.
1-18 Sec. 391.002. STATE SYMBOLS. (a) The legislature must
1-19 specify an item's historical or cultural significance to the state
1-20 before designating the item as a state symbol.
1-21 (b) The legislature may not designate any of the following
1-22 as a state symbol:
1-23 (1) a commercial product or an item that promotes or
1-24 advocates the use of a commercial product;
2-1 (2) an individual;
2-2 (3) an event; or
2-3 (4) a place.
2-4 (c) To be effective, a resolution proposing designation of
2-5 an object as a state symbol must be referred to and reported by the
2-6 appropriate committee in each house in the manner provided for
2-7 bills.
2-8 Sec. 391.003. PLACE DESIGNATIONS. (a) In this section,
2-9 "place designation" means a special observance by the legislature
2-10 that recognizes and honors an event or location in this state,
2-11 including a municipality or county.
2-12 (b) The legislature may not assign the same place
2-13 designation to more than one event or location.
2-14 (c) The legislature may not assign more than one place
2-15 designation to any municipality, county, or other location. This
2-16 subsection does not prohibit the legislature from assigning more
2-17 than one place designation within a county.
2-18 (d) Before the legislature may assign a place designation to
2-19 a municipality, county, or other location, the legislature must be
2-20 presented by persons supporting the designation with:
2-21 (1) information related to the historical or cultural
2-22 significance of the event or location to be designated; and
2-23 (2) documentation that a local chamber of commerce or
2-24 a locally elected governmental body representing the municipality,
2-25 county, or other location to be designated supports the
2-26 designation.
2-27 (e) A place designation expires on the 10th anniversary of
3-1 its designation. This subsection does not prevent the legislature
3-2 from redesignating a place designation during or after the 10-year
3-3 period.
3-4 (f) To be effective, a resolution proposing a place
3-5 designation must be referred to and reported by the appropriate
3-6 committee in each house in the manner provided for bills.
3-7 SECTION 2. Section 441.006(a), Government Code, is amended
3-8 to read as follows:
3-9 (a) The commission shall:
3-10 (1) govern the Texas State Library;
3-11 (2) adopt policies and rules to aid and encourage the
3-12 development of and cooperation among all types of libraries,
3-13 including public, academic, special, and other types of libraries;
3-14 (3) aid those studying problems to be dealt with by
3-15 legislation;
3-16 (4) prepare and make available to the public and
3-17 appropriate state agencies information of public interest
3-18 describing the functions of the commission and the commission
3-19 procedures by which complaints are filed with and resolved by the
3-20 commission;
3-21 (5) deposit money paid to the commission under this
3-22 chapter subject to Subchapter F, Chapter 404;
3-23 (6) give to any person contemplating the establishment
3-24 of a public library advice regarding matters such as maintaining a
3-25 public library, selecting books, cataloging, and managing a
3-26 library;
3-27 (7) conduct library institutes and encourage library
4-1 associations;
4-2 (8) take custody of, preserve, and make available for
4-3 public use state records and other historical resources that
4-4 document the history and culture of Texas as a province, colony,
4-5 republic, or state;
4-6 (9) prepare and make available to the public a
4-7 complete list of every state symbol and place designation,
4-8 including state symbols and place designations made in accordance
4-9 with Chapter 391;
4-10 (10) aid and encourage, by adoption of policies and
4-11 programs, the development of effective records management and
4-12 preservation programs in state agencies and the local governments
4-13 of the state; and
4-14 (11) [(10)] establish by rule methods by which
4-15 consumers and service recipients are notified of the name, mailing
4-16 address, and telephone number of the commission for the purpose of
4-17 directing complaints to the commission.
4-18 SECTION 3. (a) This Act takes effect September 1, 2001.
4-19 (b) Chapter 391, Government Code, as added by this Act,
4-20 applies only to a state symbol or place designation adopted by the
4-21 legislature after the effective date of this Act.