By: Hilderbran H.B. No. 3863

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, 2007.