79R8438 KEG-F
By: Casteel H.B. No. 2908
A BILL TO BE ENTITLED
AN ACT
relating to the administration and operation of the Fleet Admiral
Chester W. Nimitz Memorial Naval Museum.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 22.231, 22.232, and 22.233, Parks and
Wildlife Code, are transferred to Chapter 442, Government Code,
redesignated as Sections 442.019 and 442.020, Government Code, and
amended to read as follows:
Sec. 442.019 [22.231]. FLEET ADMIRAL CHESTER W. NIMITZ
MEMORIAL NAVAL MUSEUM [JURISDICTION]. (a) The Fleet Admiral
Chester W. Nimitz Memorial Naval Museum is under the jurisdiction
of the commission [department].
(b) [Sec. 22.232. POWERS OF DEPARTMENT.] With respect to
the Nimitz museum and in addition to its other powers and duties,
the commission [department]:
(1) shall foster and commemorate the memory of the era
of supreme United States naval power upon the seas and the men and
women of the armed services whose gallant and selfless dedication
to duty made this era possible;
(2) shall administer the Fleet Admiral Chester W.
Nimitz Memorial Naval Museum at Fredericksburg;
(3) shall act in any other capacity relative to
preserving naval documents, relics, and other items of historical
interest;
(4) may employ and discharge a museum director and
other employees it deems necessary to fulfill its duties and
responsibilities within the limits of funds available;
(5) may accept on behalf of the State of Texas
donations of money, property, and historical relics related to the
museum's theme; and
(6) may acquire property and historical relics by
purchase within the limits of funds available.
Sec. 442.020 [22.233]. REVENUE BONDS FOR NIMITZ MUSEUM.
(a) The commission [department], by resolution [of the
commission], may request the Texas Public Finance Authority to
issue revenue bonds or other revenue obligations to finance the
repair, renovation, improvement, expansion, and equipping of the
Nimitz museum for one or more projects not to exceed an aggregated
estimated cost of $9 million.
(b) On receipt of a request by the commission [department]
under this section for the issuance of revenue bonds or other
revenue obligations, the Texas Public Finance Authority shall
promptly issue the bonds or other revenue obligations under and in
accordance with Chapter 1232[, Government Code].
(c) The commission [department] shall deposit the proceeds
of revenue bonds or other revenue obligations issued under this
section to the credit of the Fleet Admiral Chester W. Nimitz
Memorial Naval Museum account. The account is a separate account in
the general revenue fund that is composed of money deposited to the
credit of the account under this section or Section 442.019. The
commission may use money in the account [Texas parks and wildlife
conservation and capital account and may use the proceeds] only to
finance the repair, renovation, improvement, expansion, and
equipping of the museum.
(d) Notwithstanding any other law, the commission
[department] may contract with the Admiral Nimitz Foundation for
the renovation, improvement, or expansion of the museum.
(e) The commission [department] may accept contributions
from the Admiral Nimitz Foundation and other sources in connection
with the repair, renovation, improvement, expansion, equipping, or
operation of the museum.
SECTION 2. The subchapter heading to Subchapter Q, Chapter
22, Parks and Wildlife Code, is repealed.
SECTION 3. (a) On the date specified by the Parks and
Wildlife Department and the Texas Historical Commission in a
memorandum of understanding entered into under Section 4 of this
Act:
(1) the Texas Historical Commission replaces the Parks
and Wildlife Department as the administrator of the Fleet Admiral
Chester W. Nimitz Memorial Naval Museum;
(2) all functions and activities performed by the
Parks and Wildlife Department that relate to the administration and
operation of the Fleet Admiral Chester W. Nimitz Memorial Naval
Museum immediately before that date are transferred to the Texas
Historical Commission;
(3) a rule or form adopted by the Parks and Wildlife
Department that relates to the administration and operation of the
Fleet Admiral Chester W. Nimitz Memorial Naval Museum is a rule or
form of the Texas Historical Commission and remains in effect until
changed by the commission;
(4) a reference in law to the Parks and Wildlife
Department that relates to the administration and operation of the
Fleet Admiral Chester W. Nimitz Memorial Naval Museum means the
Texas Historical Commission;
(5) a contract negotiation or other proceeding
involving the Parks and Wildlife Department that is related to the
administration and operation of the Fleet Admiral Chester W. Nimitz
Memorial Naval Museum is transferred without change in status to
the Texas Historical Commission, and the commission assumes,
without a change in status, the position of the Parks and Wildlife
Department in a negotiation or proceeding relating to the
administration and operation of the Fleet Admiral Chester W. Nimitz
Memorial Naval Museum;
(6) all money, contracts, leases, rights, and
obligations of the Parks and Wildlife Department related to the
administration and operation of the Fleet Admiral Chester W. Nimitz
Memorial Naval Museum are transferred to the Texas Historical
Commission;
(7) the proceeds of any bonds or other obligations
related to the repair, renovation, or other improvement to the
Fleet Admiral Chester W. Nimitz Memorial Naval Museum deposited to
the credit of the Texas parks and wildlife conservation and capital
account are transferred to the Fleet Admiral Chester W. Nimitz
Memorial Naval Museum account under Section 442.020, Government
Code, as added by this Act, to be used by the Texas Historical
Commission in accordance with that section;
(8) all real and personal property in the custody of
the Parks and Wildlife Department related to the administration and
operation of the Fleet Admiral Chester W. Nimitz Memorial Naval
Museum, including administrative records and naval documents,
relics, and other items of historical interest acquired by the
department in relation to the museum, becomes property in the
custody of the Texas Historical Commission, but stays in the same
physical location unless moved in accordance with the memorandum
entered into under Section 4 of this Act; and
(9) all funds appropriated by the legislature to the
Parks and Wildlife Department for purposes related to the
administration and operation of the Fleet Admiral Chester W. Nimitz
Memorial Naval Museum, including funds for providing
administrative support for those services such as funds to pay the
salary and benefits of employees who provide the administrative
support, are transferred to the Texas Historical Commission.
(b) If no date is specified for a transfer under Subsection
(a) of this section in a memorandum of understanding entered into
under Section 4 of this Act, the transfer takes place on December 1,
2009.
SECTION 4. (a) As soon as possible after the effective date
of this section, but not later than December 1, 2009, the Parks and
Wildlife Department and the Texas Historical Commission shall enter
into a memorandum of understanding to implement the transfer
described in Section 3 of this Act. The memorandum:
(1) may require the Parks and Wildlife Department to
provide funding to the Texas Historical Commission in relation to
an agreement under the memorandum for the operation of the Fleet
Admiral Chester W. Nimitz Memorial Naval Museum; and
(2) shall specify:
(A) the date that the transfer under Section 3 of
this Act takes place;
(B) a timetable for any necessary or advisable
movement of the physical location of property, including records;
(C) an inventory of all historical artifacts,
documents, and other property required to be transferred; and
(D) provisions for the access of the Texas
Historical Commission to the Fleet Admiral Chester W. Nimitz
Memorial Naval Museum and any related facilities not later than
December 1, 2009.
(b) If the Parks and Wildlife Department and the Texas
Historical Commission transfer funds relating to the operation of
the Fleet Admiral Chester W. Nimitz Memorial Naval Museum under a
memorandum of understanding under this section, the agencies shall,
in addition, transfer any bonds or other obligations relating to
the funds.
SECTION 5. As soon as possible after the Parks and Wildlife
Department and the Texas Historical Commission enter into a
memorandum of understanding under Section 4 of this Act that
specifies the date of the transfer under Section 3 of this Act, the
agencies shall send the memorandum to the secretary of state for
publication in the Texas Register.
SECTION 6. (a) This section and Sections 4 and 5 of this Act
take effect September 1, 2005.
(b) Sections 1, 2, and 3 of this Act take effect in
accordance with the date specified in the memorandum of
understanding required by Section 4 of this Act as the date of the
transfer under Section 3 of this Act.