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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Texas State Music History Museum. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 4, Government Code, is amended |
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by adding Chapter 446 to read as follows: |
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CHAPTER 446. TEXAS STATE MUSIC HISTORY MUSEUM |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 446.001. DEFINITIONS. In this chapter: |
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(1) "Museum operator" means the person selected by the |
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music office to operate the museum. |
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(2) "Music office" means the Music, Film, Television, |
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and Multimedia Office established in Chapter 485. |
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Sec. 446.002. CREATION; PURPOSE. (a) The Texas State Music |
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History Museum is created to educate visitors on the musical |
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heritage of Texas, display objects and information relating to the |
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musical history of Texas, and recognize great musical artists that |
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have contributed to the musical fabric of Texas. |
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(b) Section 2165.005 does not apply to the museum. |
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[Sections 446.003-446.020 reserved for expansion] |
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SUBCHAPTER A-1. REQUESTS FOR PROPOSALS |
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FOR MUSEUM |
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Sec. 446.021. DEFINITION. In this subchapter, "proposal |
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advisory council" means the proposal advisory council created by |
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Section 446.024. |
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Sec. 446.022. REQUEST FOR PROPOSAL PROCESS. The music |
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office shall establish a request for proposal process to select |
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contractors for the operation and, if applicable, construction of |
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the museum. |
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Sec. 446.023. CRITERIA. (a) The music office, with the |
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assistance of the proposal advisory council, shall develop criteria |
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to evaluate proposals for selecting a contractor for the initial |
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operation and, if applicable, construction of the museum. |
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(b) The criteria must: |
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(1) require proposals that do not require money |
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appropriated by the state; |
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(2) specify information that must be provided in a |
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proposal, including: |
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(A) information on the construction cost, if |
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applicable; |
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(B) the proposed location of the museum; |
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(C) sources of funding for the construction, if |
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applicable; |
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(D) estimated revenue from and annual usage of |
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the museum; and |
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(E) the proposed museum operator; and |
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(3) allow the music office to change the museum |
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operator after a period of time specified by the music office. |
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Sec. 446.024. PROPOSAL ADVISORY COUNCIL. (a) A proposal |
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advisory council is created to advise the music office on the |
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request for proposal process. |
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(b) The proposal advisory council is made up of six members |
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appointed by the governor as follows: |
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(1) one representative from the Texas Commission on |
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the Arts; |
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(2) one representative from the State Preservation |
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Board; |
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(3) one representative from the Texas Historical |
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Commission; |
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(4) one representative from the Texas Economic |
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Development and Tourism Office; |
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(5) one representative involved in tourism-related |
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activities at the Texas Department of Transportation; and |
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(6) one representative from the music office. |
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(c) The music office representative serves as the presiding |
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officer of the proposal advisory council. |
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(d) The proposal advisory council shall meet at the call of |
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the presiding officer. |
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(e) Chapter 2110 does not apply to the council. |
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Sec. 446.025. DUTIES OF PROPOSAL ADVISORY COUNCIL. The |
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proposal advisory council shall advise the music office regarding: |
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(1) criteria used to select a proposal for operation |
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and, if applicable, construction of the museum under this |
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subchapter; and |
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(2) the selection process after proposals have been |
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submitted for the operation and, if applicable, construction of the |
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museum. |
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Sec. 446.026. EXPIRATION. On September 1, 2013, the |
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proposal advisory council is abolished and this subchapter expires. |
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[Sections 446.027-446.050 reserved for expansion] |
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SUBCHAPTER B. ADMINISTRATIVE PROVISIONS |
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Sec. 446.051. ADMINISTRATION. The music office shall |
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administer this chapter. |
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Sec. 446.052. ADVISORY BOARD. (a) The music history |
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advisory board is created to advise the music office and the museum |
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operator on the content and additions to the content of the Texas |
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State Music History Museum, including the addition of specific |
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Texan artists for recognition of their contributions to music. |
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(b) The advisory board is appointed by the governor and must |
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include at least one representative from the Texas Commission on |
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the Arts. |
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Sec. 446.053. PERSONNEL. The museum operator may hire |
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personnel necessary for the museum. |
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[Sections 446.054-446.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 446.101. GENERAL POWERS. (a) The museum shall provide |
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exhibits, programs, and activities that promote the purposes |
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described by Section 446.002 and support the education of the |
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public, including students, in the knowledge and appreciation of |
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the various musical trailblazers and pioneers of Texas and the |
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varied musical styles of Texas that have evolved and |
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cross-pollinated the face of modern popular music, including |
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country, blues, jazz, gospel, rock, pop, and TexMex or Tejano |
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music. |
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(b) The music office and museum operator may exercise any |
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power appropriate to implement or promote a museum purpose. |
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Sec. 446.102. SALE OF MUSIC. (a) The museum operator may |
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license and sell music from the museum's website. |
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(b) In addition to music connected with Texas music history, |
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the museum operator may sell commercially produced music from the |
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museum's website. |
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Sec. 446.103. LIVE MUSIC. The museum operator may host live |
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musical performances. |
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Sec. 446.104. FILMS, RECORDINGS, AND OTHER PRODUCTS. The |
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museum operator may develop and produce films, musical recordings |
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or compilations, and other products and may retain royalties or |
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otherwise receive revenue from the production, distribution, |
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exhibition, or sale of those films, recordings, or products. |
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Sec. 446.105. MEMBERSHIP PROGRAM. The museum operator may |
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establish a museum membership program. |
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Sec. 446.106. MARKETING AND PUBLIC RELATIONS. (a) The |
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museum operator may market and publicize the museum's exhibits, |
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programs, and activities. |
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(b) The museum operator may: |
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(1) employ public relations personnel; |
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(2) publish brochures, books, and periodicals |
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intended for the general public that are promotional, |
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informational, or educational; and |
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(3) advertise the museum in any available media. |
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Sec. 446.107. VENDING FACILITIES. (a) In addition to |
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exhibits and theaters, the museum operator may operate: |
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(1) a gift shop; |
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(2) food services, including one or more restaurants, |
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cafeterias, and vending machines; |
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(3) pay station telephones; |
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(4) automated teller machines; and |
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(5) other services and facilities convenient or |
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necessary for visitors to the museum. |
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(b) Chapter 94, Human Resources Code, does not apply to |
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vending facilities operated by or approved for operation in the |
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museum. |
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Sec. 446.108. TOURS; PARKING AND TRANSPORTATION. The |
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museum operator may provide parking for visitors and, in |
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cooperation with other public and private authorities, may |
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participate in providing for tour transportation of visitors |
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between other historical and cultural sites. |
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Sec. 446.109. PRIVATE EVENTS. (a) The museum operator may |
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rent all or part of the museum facility at various times for private |
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events. The museum operator may restrict public access to that part |
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of the facility rented for a private event. |
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(b) The museum operator may provide for the sale, gift, |
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possession, and consumption of alcoholic beverages at a private |
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event held in the facility. |
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Sec. 446.110. SUPPORT ORGANIZATIONS. The museum operator |
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may establish and maintain one or more organizations of persons |
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interested in supporting the programs and activities of the museum. |
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Such an organization may be incorporated as a Texas nonprofit |
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corporation. |
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[Sections 446.111-446.150 reserved for expansion] |
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SUBCHAPTER D. CONTRACTS |
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Sec. 446.151. CONTRACT TO OPERATE MUSEUM. (a) The music |
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office shall contract with a museum operator to: |
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(1) construct the museum to be owned by the state and |
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to operate the museum under a lease agreement; or |
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(2) operate the museum on private property owned or |
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leased by the museum operator. |
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(b) The music office shall award the contract based on the |
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criteria developed under Section 446.023. |
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(c) Subtitle D, Title 10, and Chapters 2261 and 2262 do not |
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apply to a contract under this section. |
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Sec. 446.152. CONTRACT TERMS. (a) The music office may |
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include in the contract with the museum operator: |
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(1) provisions relating to the music office's duties |
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to market the museum, including promotion of the museum in state |
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tourism publications and advertisements; |
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(2) provisions relating to the museum operator's right |
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to access and exhibit music paraphernalia owned by the state; and |
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(3) any other provisions the music office determines |
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necessary to encourage potential museum operators to submit bids. |
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(b) The music office may amend or enter into a new contract |
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under this subchapter. |
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Sec. 446.153. CONTRACTS BETWEEN OPERATOR AND THIRD |
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PARTIES. The museum operator may enter into contracts with any |
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person to the extent necessary or convenient to construct or |
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operate the museum, including contracts for exhibits, programs, |
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activities, and facilities, and contracts to acquire or by purchase |
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or loan, items for exhibition. |
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[Sections 446.154-446.200 reserved for expansion] |
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SUBCHAPTER E. FINANCIAL PROVISIONS |
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Sec. 446.201. GENERAL FUNDING AND SPENDING AUTHORITY. (a) |
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To the extent possible, the costs of operating the museum shall be |
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paid from revenues generated by the museum. Money from the general |
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revenue fund, other than gifts, grants, and donations that may be |
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used for operating the museum and are deposited in the general |
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revenue fund, may not be appropriated for the purpose of operating |
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the museum. |
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(b) The museum operator may spend money received by the |
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museum for any purpose connected with the museum. |
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Sec. 446.202. GIFTS, GRANTS, AND DONATIONS. (a) The museum |
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operator shall solicit and may accept donations of money or items |
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from individuals and from public or private foundations and |
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organizations. |
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(b) The music office may accept donations and grants for the |
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museum. |
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Sec. 446.203. FEES. (a) The museum operator may set and |
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collect fees in amounts necessary to operate the museum, including |
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fees for: |
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(1) admission to exhibits, theaters, programs, and |
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activities; |
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(2) parking and transportation; and |
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(3) facility rental. |
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(b) The museum operator may sell at prices set by the museum |
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operator items manufactured or publications printed under contract |
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with the museum. |
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Sec. 446.204. AUDIT. The transactions, funds, and programs |
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of the museum are subject to audit by the state auditor in |
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accordance with Chapter 321. |
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Sec. 446.205. STATE EMPLOYEE CHARITABLE CONTRIBUTIONS. For |
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purposes of Subchapter I, Chapter 659: |
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(1) the museum is considered an eligible charitable |
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organization entitled to participate in a state employee charitable |
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campaign under Subchapter I, Chapter 659; and |
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(2) a state employee is entitled to authorize a |
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deduction for contributions to the museum, including contributions |
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for museum membership, as a charitable contribution under Section |
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659.132, and the museum may use the contributions for museum |
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purposes. |
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Sec. 446.206. MUSEUM FUND. (a) All money and securities |
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received by the museum, including the net revenue from vending |
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facilities under Section 446.107, shall be credited to and held in |
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trust outside the treasury by the comptroller in a special fund to |
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be known as the Texas State Music History Museum fund. |
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(b) The comptroller shall manage and invest the fund on |
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behalf of the museum as directed or agreed to by the museum |
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operator. Interest, dividends, and other income of the fund shall |
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be credited to the fund. |
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(c) The museum operator shall prepare a detailed annual |
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report on the fund. That report must describe the status of the |
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fund, list all donations to the fund, including the name of each |
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donor, and list all disbursements from the fund, including the |
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purpose of each disbursement. |
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(d) The state auditor, based on a risk assessment and |
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subject to the legislative audit committee's approval of including |
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the review in the audit plan under Section 321.013, may review the |
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annual report on the fund, and any information used in preparing the |
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report as the auditor determines necessary, and shall report any |
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findings or recommendations to the museum and the legislative audit |
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committee. |
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(e) The fund is not subject to Subchapter F, Chapter 404. A |
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provision of this chapter or other law that provides for the deposit |
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of money or another thing of value into the fund prevails over |
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Subchapter F, Chapter 404. |
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(f) Subtitle D, Title 10, does not apply to a purchase or |
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lease made with money from the fund. |
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Sec. 446.207. INSURANCE. The museum operator may purchase |
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insurance policies to insure the museum buildings and contents and |
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other personal property against any insurable risk, including |
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insurance covering historical artifacts, art, recordings, or other |
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items, including items on loan to the museum. |
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SECTION 2. This Act takes effect September 1, 2007. |