79R8438 KEG-F

By:  Fraser                                                       S.B. No. 1497


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.