79R13446 MCK-D
By: Hilderbran, Strama H.B. No. 3062
Substitute the following for H.B. No. 3062:
By: Hilderbran C.S.H.B. No. 3062
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas music history museum.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 4, Government Code, is amended
by adding Chapter 446 to read as follows:
CHAPTER 446. TEXAS MUSIC HISTORY MUSEUM
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 446.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission on the
Arts.
(2) "Museum operator" means the person selected to
operate the museum by the commission.
Sec. 446.002. CREATION; PURPOSE. (a) The Texas music
history museum is created to educate visitors on the musical
heritage of Texas, preserve and display objects, information and
exhibits relating to the musical history of Texas, and recognize
great musical artists that have contributed to the musical fabric
of Texas.
(b) Section 2165.005 does not apply to the museum.
[Sections 446.003-446.020 reserved for expansion]
SUBCHAPTER A-1. REQUESTS FOR PROPOSALS
FOR MUSEUM
Sec. 446.021. DEFINITION. In this subchapter, "proposal
advisory council" means the proposal advisory council created by
Section 446.024.
Sec. 446.022. REQUEST FOR PROPOSAL PROCESS. The commission
shall establish a request for proposal process to select a museum
operator.
Sec. 446.023. CRITERIA. (a) The commission, with the
assistance of the proposal advisory council, shall develop criteria
to evaluate proposals for selecting a contractor for the
construction and initial operation of the museum.
(b) The criteria must:
(1) require proposals that do not require money
appropriated by the state;
(2) specify information that must be provided in a
proposal, including:
(A) information on the construction cost;
(B) the proposed location of the museum;
(C) sources of funding for the construction;
(D) estimated revenue from and annual usage of
the museum; and
(E) the proposed museum operator; and
(3) allow the commission to change the museum operator
after a period of time specified by the commission.
Sec. 446.024. PROPOSAL ADVISORY COUNCIL. (a) A proposal
advisory council is created to advise the commission on the request
for proposal process.
(b) The advisory council is made up of six members appointed
by the governor as follows:
(1) one representative from the Music, Film,
Television, and Multimedia Office established by Chapter 485;
(2) one representative from the State Preservation
Board;
(3) one representative from the Texas Historical
Commission;
(4) one representative from the Texas Economic
Development and Tourism Office;
(5) one representative involved in tourism-related
activities at the Texas Department of Transportation; and
(6) one representative from the commission.
(c) The commission representative serves as the presiding
member of the council.
(d) The council shall meet at the call of the presiding
officer.
(e) The proposal advisory council shall advise the
commission regarding:
(1) criteria used to select a proposal for
construction and operation of the museum under this subchapter; and
(2) the selection process after proposals have been
submitted for the construction and operation of the museum.
(f) Chapter 2110 does not apply to the council.
Sec. 446.025. EXPIRATION. The proposal advisory council is
abolished and this subchapter expires one year after the date the
commission contracts with a museum operator under Section 446.151.
[Sections 446.026-446.050 reserved for expansion]
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 446.051. ADMINISTRATION. The commission shall
administer the contract with the museum operator.
Sec. 446.052. ADVISORY BOARD. (a) The music history
advisory board is created to advise the commission and the museum
operator on the content and additions to the content of the Texas
music history museum, including the addition of specific Texan
artists for recognition of their contributions to music.
(b) The advisory board is appointed by the governor and must
include at least one representative from the Music, Film,
Television, and Multimedia Office established by Chapter 485.
Sec. 446.053. MUSEUM NAME. The commission shall name the
Texas music history museum. In naming the museum, the commission
shall consider any names proposed by the museum operator.
Sec. 446.054. PERSONNEL. The museum operator may hire
personnel necessary for the museum. Employees of the museum
operator or the museum are not state employees.
[Sections 446.055-446.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 446.101. GENERAL POWERS. (a) The museum shall provide
exhibits, programs, and activities that promote the purposes of
Section 446.002 and support the education of the public, including
students, in the knowledge and appreciation of the various musical
trailblazers and pioneers of Texas and the varied musical styles of
Texas that have evolved and cross-pollinated the face of modern
popular music, including Folk, Country, Swing, Blues, Classical,
Jazz, Soul, Gospel, Rhythm and Blues, Rock, Polka, Pop, Hip-Hop,
Punk, Zydeco, and Tejano music.
(b) The commission and museum operator may exercise any
power appropriate to implement this chapter or to operate or
promote a museum purpose.
Sec. 446.102. SALE OF MUSIC. The museum operator may
license and sell music from the museum's website.
Sec. 446.103. LIVE MUSIC. The museum operator may host live
musical performances.
Sec. 446.104. FILMS, RECORDINGS, AND OTHER PRODUCTS. The
museum operator may develop and produce films, musical recordings
or compilations, and other products and may retain royalties or
otherwise receive revenue from the production, distribution,
exhibition, or sale of those films, recordings, or products.
Sec. 446.105. MEMBERSHIP PROGRAM. The museum operator may
establish a museum membership program.
Sec. 446.106. MARKETING AND PUBLIC RELATIONS. (a) The
museum operator may market and publicize the museum's exhibits,
programs, and activities.
(b) The museum operator may:
(1) employ public relations personnel;
(2) publish brochures, books, and periodicals
intended for the general public that are promotional,
informational, or educational; and
(3) advertise the museum in any available media.
Sec. 446.107. VENDING FACILITIES. (a) In addition to
exhibits and theaters, the museum operator may operate:
(1) a gift shop;
(2) food services, including one or more restaurants,
cafeterias, and vending machines;
(3) pay station telephones;
(4) automated teller machines; and
(5) other services and facilities convenient or
necessary for visitors to the museum.
(b) Chapter 94, Human Resources Code, does not apply to
vending facilities operated by or approved for operation in the
museum.
Sec. 446.108. TOURS; PARKING AND TRANSPORTATION. The
museum operator may provide parking for visitors and, in
cooperation with other public and private authorities, may
participate in providing for tour transportation of visitors
between other historical and cultural sites.
Sec. 446.109. PRIVATE EVENTS. The museum operator may rent
all or part of the museum facility at various times for private
events. The museum operator may restrict public access to that part
of the facility rented for a private event.
Sec. 446.110. ALCOHOLIC BEVERAGES. The museum operator may
sell alcoholic beverages for consumption on the premises of the
museum. The museum operator must obtain the appropriate permit or
license from the Texas Alcoholic Beverage Commission.
Sec. 446.111. SUPPORT ORGANIZATIONS. The museum operator
may establish and maintain one or more organizations of persons
interested in supporting the programs and activities of the museum.
Such an organization may be incorporated as a Texas nonprofit
corporation.
[Sections 446.112–446.150 reserved for expansion]
SUBCHAPTER D. CONTRACTS
Sec. 446.151. CONTRACT TO OPERATE MUSEUM. (a) The
commission shall contract with a museum operator to:
(1) construct the museum to be owned by the state and
to operate the museum under a lease agreement; or
(2) operate the museum on private property owned or
leased by the museum operator.
(b) The executive director of the commission shall award the
contract based on the criteria developed for the initial selection
of a museum operator.
(c) The commission may not spend state money to construct or
operate the museum. The commission may spend state money as
necessary to administer the contract with the museum operator.
(d) Subtitle D, Title 10, and Chapters 2261 and 2262 do not
apply to a contract under this section.
Sec. 446.152. CONTRACT TERMS. (a) The commission may
include in the contract with the museum operator:
(1) provisions relating to the commission's duties to
market the museum, including promotion of the museum in state
tourism publications and advertisements;
(2) provisions relating to the museum operator's right
to access and exhibit music paraphernalia owned by the state; and
(3) any other provisions the commission determines
necessary to encourage potential museum operators to submit bids.
(b) The commission may amend or enter into a new contract
under this subchapter.
Sec. 446.153. CONTRACTS BETWEEN OPERATOR AND THIRD
PARTIES. The museum operator may enter into contracts with any
person to the extent necessary or convenient to construct or
operate the museum, including contracts for exhibits, programs,
activities, and facilities, and contracts to acquire, by purchase
or loan, items for exhibition.
[Sections 446.154-446.200 reserved for expansion]
SUBCHAPTER E. FINANCIAL PROVISIONS
Sec. 446.201. GENERAL FUNDING AND SPENDING
AUTHORITY. (a) To the extent possible, the costs of operating the
museum shall be paid from revenues generated by the museum.
(b) The museum operator may spend money received by the
museum for any purpose connected with the museum.
(c) The museum operator may share revenue generated by the
museum with the state.
Sec. 446.202. GIFTS, GRANTS, AND DONATIONS. (a) The museum
operator shall solicit and may accept donations of money or items
from individuals and from public or private foundations and
organizations.
(b) The commission may accept donations and grants of money
or items for the museum.
(c) All items donated to the museum operator or the
commission for the museum are state property.
Sec. 446.203. FEES. (a) The museum operator may set and
collect fees in amounts necessary to operate the museum, including
fees for:
(1) admission to exhibits, theaters, programs, and
activities;
(2) parking and transportation; and
(3) facility rental.
(b) The museum operator may sell at prices set by the museum
items manufactured or publications printed under contract with the
museum.
Sec. 446.204. AUDIT. The transactions, funds, and programs
of the museum are subject to audit by the state auditor in
accordance with Chapter 321.
Sec. 446.205. STATE EMPLOYEE CHARITABLE CONTRIBUTIONS. For
purposes of Subchapter I, Chapter 659:
(1) the museum is considered an eligible charitable
organization entitled to participate in a state employee charitable
campaign under Subchapter I, Chapter 659; and
(2) a state employee is entitled to authorize a
deduction for contributions to the museum, including contributions
for museum membership, as a charitable contribution under Section
659.132, and the museum may use the contributions for museum
purposes.
Sec. 446.206. INSURANCE. The museum operator shall
purchase insurance policies to insure the museum contents and other
personal property against any insurable risk, including insurance
covering historical artifacts, art, recordings, or other items on
loan to the museum.
SECTION 2. This Act takes effect September 1, 2005.