81R8134 SJM-D
 
  By: Darby H.B. No. 1266
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorizing the board of regents of the Texas Tech
  University System to transfer the San Angelo Museum of Fine Arts to
  a nonprofit organization to operate the museum.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 109A, Education Code, is amended by
  adding Section 109A.005 to read as follows:
         Sec. 109A.005.  AUTHORITY TO TRANSFER SAN ANGELO MUSEUM OF
  FINE ARTS.  (a) In this section, "nonprofit organization" means an
  organization exempt from federal income taxation under Section
  501(a), Internal Revenue Code of 1986, as an organization described
  by Section 501(c)(3) of that code.
         (b)  The board of regents may transfer title to the real
  property and improvements of the San Angelo Museum of Fine Arts to a
  nonprofit organization if:
               (1)  before transferring title, the board of regents
  holds a public meeting at which the transfer is an agenda item and,
  in addition to any other notice required, gives notice of the
  meeting by publishing the subject matter, location, date, and time
  of the meeting in a newspaper having general circulation in the city
  of San Angelo;
               (2)  the board of regents determines that:
                     (A)  the transfer will serve the interests of the
  university and the public; and
                     (B)  at the time of the transfer, the university
  does not require the entirety of the real property or improvements
  for educational purposes; and
               (3)  the nonprofit organization to which the transfer
  is proposed to be made has demonstrated, to the satisfaction of the
  board of regents, that the organization intends to continue to:
                     (A)  use the real property and improvements for
  public purposes, including educational purposes; and
                     (B)  keep the museum open to the public on a
  frequent and regular basis.
         (c)  To make a transfer under this section, the chairman of
  the board of regents shall execute a deed transferring title to the
  real property and improvements of the San Angelo Museum of Fine Arts
  to the nonprofit organization. The deed must:
               (1)  cite the authorization by the board of regents to
  make the transfer; and
               (2)  provide that title to the real property and
  improvements reverts to the Texas Tech University System if the
  nonprofit organization:
                     (A)  discontinues using the real property or
  improvements for public purposes as required by the deed; or
                     (B)  executes a document that purports to convey
  title.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.