1-1 AN ACT
1-2 relating to the operations, powers, and duties of the State
1-3 Preservation Board.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 443.006, Government Code, is amended by
1-6 amending Subsection (b) and adding Subsection (c) to read as
1-7 follows:
1-8 (b) The curator of the Capitol shall:
1-9 (1) assist in matters dealing with the preservation of
1-10 historic materials;
1-11 (2) develop and maintain a registration system and
1-12 inventory of the contents of the Capitol and the General Land
1-13 Office Building and their grounds;
1-14 (3) develop a program to purchase or accept by
1-15 donation, permanent loan, or outside funding items of historical
1-16 significance that were at one time in the buildings and that are
1-17 not owned by the state;
1-18 (4) develop a program to locate and acquire
1-19 state-owned items of historical significance that were at one time
1-20 in the buildings;
1-21 (5) develop a collections policy regarding the items
1-22 of historic significance as identified in the registration system
1-23 and inventory for the approval of the board;
1-24 (6) make recommendations on conservation needs and
2-1 make arrangements to contract for conservation services for objects
2-2 of significance;
2-3 (7) make recommendations for the transfer or loan of
2-4 objects of significance as detailed in the approved collections
2-5 policy;
2-6 (8) develop for board approval a furnishings plan for
2-7 the placement and care of objects under the care of the curator;
2-8 and
2-9 (9) make recommendations to transfer, sell, or
2-10 otherwise dispose of unused surplus property that is not of
2-11 significance as defined in the collections policy and by the
2-12 registration system and inventory prepared by the curator, in the
2-13 manner provided by Chapter 2175[;]
2-14 [(10) approve all exhibits placed in the buildings;
2-15 and]
2-16 [(11) make a good-faith effort, with the board and the
2-17 architect, to assist Texas businesses to receive a significant
2-18 percentage of the total value of all contract awards for the
2-19 purchase of supplies, materials, services, and equipment that are
2-20 made throughout the duration of the restoration project].
2-21 (c) The curator shall develop the collections policy with
2-22 the assistance of a review committee composed of five members whose
2-23 qualifications, tenure, and duties are defined by the executive
2-24 director. Chapter 2110 does not apply to the review committee.
2-25 SECTION 2. Chapter 443, Government Code, is amended by
2-26 adding Section 443.0153 to read as follows:
2-27 Sec. 443.0153. PARKING FEES NOT SUBJECT TO SALES TAX.
3-1 Parking fees paid through parking meters maintained under this
3-2 chapter and parking fees paid in a visitor parking facility under
3-3 this chapter or Chapter 445 are exempt from the application of the
3-4 tax imposed by Chapter 151, Tax Code.
3-5 SECTION 3. Section 443.023, Government Code, is amended to
3-6 read as follows:
3-7 Sec. 443.023. Purchase and Lease Requirements for Certain
3-8 Expenditures. Subtitle D, Title 10, does not apply to a purchase
3-9 or lease under this chapter. The executive director, as
3-10 appropriate, may approve in writing the purchase or lease of goods
3-11 and services needed to repair or improve an area within the
3-12 Capitol, Capitol extension, Capitol grounds, or General Land Office
3-13 building, if the cost of the purchase or lease will not exceed
3-14 $50,000 [$15,000]. The executive director shall notify the board
3-15 in writing of any expenditures in excess of $50,000 [$15,000] made
3-16 under this chapter.
3-17 SECTION 4. Chapter 443, Government Code, is amended by
3-18 adding Section 443.0231 to read as follows:
3-19 Sec. 443.0231. INFORMATION TECHNOLOGIES. Chapter 2054 does
3-20 not apply to the board.
3-21 SECTION 5. Section 443.025(a), Government Code, is amended
3-22 to read as follows:
3-23 (a) Title to the historic property Woodlawn, also commonly
3-24 known as Pease Mansion and Shivers Mansion, located at No. 6 Niles
3-25 Road in Austin, is in the name of the board. The board may
3-26 [shall]:
3-27 (1) preserve, maintain, restore, and furnish the
4-1 building;
4-2 (2) preserve, maintain, and restore its contents and
4-3 grounds; and
4-4 (3) otherwise provide for use of the building and
4-5 grounds.
4-6 SECTION 6. Sections 411.063(a) and (c), Government Code, are
4-7 amended to read as follows:
4-8 (a) The State Preservation Board [department] shall adopt
4-9 rules for the safe movement and the parking of vehicles in the
4-10 Capitol Complex. The department shall administer and enforce the
4-11 rules adopted by the preservation board and shall administer and
4-12 enforce this subchapter. This subsection does not affect the
4-13 authority of the department to adopt rules under Section 411.067.
4-14 (c) Rules that govern parking in the parking spaces in the
4-15 capitol driveways and the parking lots and parking garages near the
4-16 capitol, to the extent that parking in such places is not otherwise
4-17 regulated by the State Preservation Board, shall provide for:
4-18 (1) assigning and marking reserved parking spaces for
4-19 the unrestricted use of the governor, lieutenant governor, speaker
4-20 of the house of representatives, and secretary of state;
4-21 (2) when the legislature is in session, assigning and
4-22 marking reserved parking spaces requested by each house of the
4-23 legislature for the unrestricted use of members and administrative
4-24 staff of the legislature; and
4-25 (3) when the legislature is not in session, assigning
4-26 and marking parking spaces requested by each house of the
4-27 legislature for the use of members and administrative staff of the
5-1 legislature.
5-2 SECTION 7. Section 411.065(a), Government Code, is amended
5-3 to read as follows:
5-4 (a) A person commits an offense if the person violates a
5-5 rule of the department adopted under Section 411.062 or a rule of
5-6 the State Preservation Board adopted under Section 411.063.
5-7 SECTION 8. Subchapter F, Chapter 411, Government Code, is
5-8 amended by adding Section 411.1145 to read as follows:
5-9 Sec. 411.1145. ACCESS TO CRIMINAL HISTORY RECORD
5-10 INFORMATION: STATE PRESERVATION BOARD. (a) The State Preservation
5-11 Board is entitled to obtain criminal history record information
5-12 maintained by the department that relates to a person who is an
5-13 employee, volunteer, or intern, or an applicant to be an employee,
5-14 volunteer, or intern, in a position that involves:
5-15 (1) handling money or checks;
5-16 (2) working in the Capitol or another area designated
5-17 by the executive director as security sensitive; or
5-18 (3) direct contact with persons under 18 years of age.
5-19 (b) Criminal history record information obtained by the
5-20 board under this section may not be released or disclosed to any
5-21 person except on court order or with the consent of the person who
5-22 is the subject of the information.
5-23 SECTION 9. Section 445.011, Government Code, is amended by
5-24 adding Subsections (g) and (h) to read as follows:
5-25 (g) The museum may establish a membership program.
5-26 (h) Notwithstanding other law, for purposes of Subchapter H,
5-27 Chapter 659, as added by Chapter 76, Acts of the 74th Legislature,
6-1 Regular Session, 1995:
6-2 (1) the museum is considered an eligible charitable
6-3 organization entitled to participate in a state employee charitable
6-4 campaign under Subchapter H, Chapter 659; and
6-5 (2) a state employee is entitled to authorize a
6-6 deduction for contributions to the museum, including contributions
6-7 for museum membership, as a charitable contribution under Section
6-8 659.132, and the museum may use the contributions for museum
6-9 purposes.
6-10 SECTION 10. Sections 443.0101(d) and 445.002(c), Government
6-11 Code, are repealed.
6-12 SECTION 11. Rules adopted by the Department of Public Safety
6-13 of the State of Texas under Section 411.063, Government Code,
6-14 before the effective date of this Act are continued in effect as
6-15 rules of the State Preservation Board until amended or repealed by
6-16 the preservation board.
6-17 SECTION 12. The Bob Bullock Texas State History Museum is
6-18 entitled to participate in the state employee charitable campaign
6-19 conducted during the autumn of 2001 without regard to any
6-20 limitation on the time during which an organization must apply to
6-21 participate in the campaign.
6-22 SECTION 13. This Act takes effect immediately if it receives
6-23 a vote of two-thirds of all the members elected to each house, as
6-24 provided by Section 39, Article III, Texas Constitution. If this
6-25 Act does not receive the vote necessary for immediate effect, this
6-26 Act takes effect on the 91st day after the last day of the
6-27 legislative session.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2877 was passed by the House on April
27, 2001, by the following vote: Yeas 143, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2877 on May 25, 2001, by the following vote: Yeas 138, Nays 0,
2 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2877 was passed by the Senate, with
amendments, on May 17, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor