By Gallegos                                            S.B. No. 137
         77R417 MI-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the transfer of jurisdiction over the San Jacinto
 1-3     Battleground and the Battleship "Texas" from the Parks and Wildlife
 1-4     Department to the Texas Historical Commission.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Sections 22.011-22.016 and 22.261, Parks and
 1-7     Wildlife Code, are redesignated as Sections 442.017-442.023,
 1-8     Government Code, and are amended to read as follows:
 1-9           Sec. 442.017 [22.011].  SAN JACINTO BATTLEGROUND
1-10     [JURISDICTION].  The San Jacinto Battleground is under the
1-11     jurisdiction of the commission [department].
1-12           Sec. 442.018 [22.012].  SAN JACINTO HISTORICAL ADVISORY
1-13     BOARD. (a)  The San Jacinto Historical Advisory Board is composed
1-14     of:
1-15                 (1)  the chairman of the Texas Historical [Battleship
1-16     Texas] Commission;
1-17                 (2)  the president of the San Jacinto Museum of History
1-18     Association; and
1-19                 (3)  three members of the public.
1-20           (b)  The three members of the public are appointed by the
1-21     governor for terms of six years each, with the term of one member
1-22     expiring each odd-numbered year.
1-23           (c)  One or more of the three members of the public may be
1-24     selected from the San Jacinto Chapter, Daughters of the Republic of
 2-1     Texas.
 2-2           Sec. 442.019 [22.013].  MEETINGS OF SAN JACINTO HISTORICAL
 2-3     ADVISORY BOARD.   (a)  The San Jacinto Historical Advisory Board
 2-4     shall meet quarterly to review the policies and operations of the
 2-5     San Jacinto Battleground and to advise the commission [department]
 2-6     on the proper historical development of the battleground.
 2-7           (b)  The board shall prepare minutes for all board meetings
 2-8     and deliver them to the commission.  The board shall deliver the
 2-9     board's bylaws and any changes made to the bylaws to the
2-10     commission.  [Any minutes or bylaws delivered to the commission
2-11     shall be delivered by the member of the board who is an employee of
2-12     the department.]
2-13           Sec. 442.020 [22.014].  POWERS OF SAN JACINTO HISTORICAL
2-14     ADVISORY [THE] BOARD. The San Jacinto Historical Advisory Board
2-15     [board] may accept, in the name of the state, all bequests, gifts,
2-16     and grants of money or property made to the battleground and use
2-17     the bequests for the purposes specified by the grantor, if any.
2-18           Sec. 442.021 [22.015].  DATA COLLECTED BY SAN JACINTO
2-19     HISTORICAL ADVISORY BOARD. All data collected by the San Jacinto
2-20     Historical Advisory Board [board] is the property of the state and
2-21     shall be used to depict the story of Texas history and independence
2-22     at the battleground.
2-23           Sec. 442.022 [22.016].  SAN JACINTO MUSEUM OF HISTORY
2-24     ASSOCIATION. The San Jacinto Museum of History Association, a
2-25     nonprofit historical association organized for the purposes of
2-26     operating the San Jacinto Memorial Building and Tower and
2-27     establishing a museum, retains ownership of property and historical
 3-1     data held in the name of the association and may acquire museum
 3-2     accessions by gift, grant, or purchase from association funds.
 3-3           Sec. 442.023 [22.261].  BATTLESHIP "TEXAS" [JURISDICTION].
 3-4     The Battleship "Texas" is under the jurisdiction of the commission
 3-5     [department].
 3-6           SECTION 2. The headings to Subchapters B and T, Chapter 22,
 3-7     Parks and Wildlife Code, are repealed.
 3-8           SECTION 3. (a)  On September 1, 2001, the following are
 3-9     transferred to the Texas Historical Commission:
3-10                 (1)  all powers, duties, obligations, and liabilities
3-11     of the Parks and Wildlife Department relating to the San Jacinto
3-12     Battleground and the Battleship "Texas";
3-13                 (2)  all unobligated and unexpended funds appropriated
3-14     to the Parks and Wildlife Department designated for the
3-15     administration of the San Jacinto Battleground or the Battleship
3-16     "Texas";
3-17                 (3)  all equipment and property of the Parks and
3-18     Wildlife Department used for the administration of or related to
3-19     the San Jacinto Battleground or the Battleship "Texas"; and
3-20                 (4)  all files and other records of the Parks and
3-21     Wildlife Department kept by the department regarding the San
3-22     Jacinto Battleground or the Battleship "Texas."
3-23           (b)  A rule adopted by the Parks and Wildlife Department that
3-24     is in effect immediately before September 1, 2001, and that relates
3-25     to the San Jacinto Battleground or the Battleship "Texas" is, on
3-26     September 1, 2001, a rule of the Texas Historical Commission and
3-27     remains in effect until amended or repealed by the Texas Historical
 4-1     Commission.
 4-2           SECTION 4. This Act takes effect September 1, 2001.