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A BILL TO BE ENTITLED
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AN ACT
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relating to the abolition of the Texas cultural endowment fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 444.025(a), (b), and (i), Government |
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Code, are amended to read as follows: |
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(a) The commission may accept on behalf of the state |
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donations of money, property, and art objects as it determines best |
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further the orderly development of the artistic resources of the |
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state. Money [Except as provided by Subsection (b), money] paid to |
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the commission under this chapter shall be deposited in the Texas |
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Commission on the Arts operating [cultural endowment] fund. |
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(b) The commission may solicit donations from an |
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appropriate source. [A person may designate a donation as intended
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for the Texas cultural endowment fund or the Texas Commission on the
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Arts operating fund. If the person designates that a donation is
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intended for a specific fund, the donation shall be deposited in the
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designated fund.] |
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(i) All money paid to the commission under this chapter[,
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other than money required to be deposited in the Texas cultural
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endowment fund,] is subject to Subchapter F, Chapter 404. |
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SECTION 2. Section 444.032(c), Government Code, is amended |
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to read as follows: |
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(c) All proceeds from the sale of compact discs under the |
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project shall be deposited in the Texas Commission on the Arts |
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operating [cultural endowment] fund under Section 444.027 |
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[444.026]. |
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SECTION 3. Sections 444.026 and 444.028, Government Code, |
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are repealed. |
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SECTION 4. (a) Before December 1, 2009, the Texas |
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Commission on the Arts, in consultation with interested |
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stakeholders, shall review donor restrictions on donations to the |
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Texas cultural endowment fund to determine if the donations may be |
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transferred to the Texas Commission on the Arts operating fund. |
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(b) On December 1, 2009: |
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(1) the Texas cultural endowment fund is abolished; |
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(2) the money, including any interest or income earned |
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before December 1, 2009, in the Texas cultural endowment fund that |
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is not subject to donor restrictions prohibiting the transfer is |
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transferred to the Texas Commission on the Arts operating fund; and |
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(3) the money, including any interest or income earned |
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before December 1, 2009, in the Texas cultural endowment fund that |
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is subject to donor restrictions prohibiting a transfer to the |
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Texas Commission on the Arts operating fund is returned to the |
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donor. |
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(c) Money transferred under Subsection (b)(2) of this |
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section may not be used to reduce or eliminate appropriations made |
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for the fiscal biennium beginning September 1, 2009, to the Texas |
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Commission on the Arts. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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