BILL ANALYSIS

Senate Research Center                                                                                                        S.B. 209

79R2555 MXM-D                                                                                                       By: Barrientos

                                                                                                                                    Administration

                                                                                                                                            4/04/2005

As Filed

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

Current law grants the State Preservation Board (board) the exclusive authority to establish rules for use of the capitol building and grounds.  The board has adopted rules which prohibit organizations from holding political events, press conferences, or rallies involving legislation on the steps or grounds of the capitol.  However, these rules are not uniformly enforced. 

As proposed, S.B. 209 removes the ability of the State Preservation Board to restrict the exercise of free speech and assembly on the steps and grounds of the capitol when use of the steps or grounds is requested for a group by a member of the legislature. 

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 443, Government Code, by adding Section 443.0185, as follows:

Sec. 443.0185.  PROHIBITION OF CERTAIN LOBBYING OR POLITICAL ACTIVITY ON CAPITOL STEPS OR GROUNDS.  Prohibits the State Preservation Board (board) from banning lobbying or political activity on the steps of the Capitol or on the Capitol grounds if the activity is part of an event recommended by a member of the senate or house of representatives to the board for approval and scheduling.

SECTION 2.  Effective date:  upon passage or September 1, 2005.