| |
|
|
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. |