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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the board of regents of the Texas Tech |
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University System to transfer the San Angelo Museum of Fine Arts to |
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a nonprofit organization to operate the museum. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 109A, Education Code, is amended by |
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adding Section 109A.005 to read as follows: |
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Sec. 109A.005. AUTHORITY TO TRANSFER SAN ANGELO MUSEUM OF |
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FINE ARTS. (a) In this section, "nonprofit organization" means an |
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organization exempt from federal income taxation under Section |
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501(a), Internal Revenue Code of 1986, as an organization described |
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by Section 501(c)(3) of that code. |
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(b) The board of regents may transfer title to the real |
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property and improvements of the San Angelo Museum of Fine Arts to a |
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nonprofit organization if: |
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(1) before transferring title, the board of regents |
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holds a public meeting at which the transfer is an agenda item and, |
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in addition to any other notice required, gives notice of the |
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meeting by publishing the subject matter, location, date, and time |
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of the meeting in a newspaper having general circulation in the city |
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of San Angelo; |
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(2) the board of regents determines that: |
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(A) the transfer will serve the interests of the |
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university and the public; and |
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(B) at the time of the transfer, the university |
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does not require the entirety of the real property or improvements |
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for educational purposes; and |
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(3) the nonprofit organization to which the transfer |
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is proposed to be made has demonstrated, to the satisfaction of the |
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board of regents, that the organization intends to continue to: |
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(A) use the real property and improvements for |
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public purposes, including educational purposes; and |
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(B) keep the museum open to the public on a |
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frequent and regular basis. |
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(c) To make a transfer under this section, the chairman of |
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the board of regents shall execute a deed transferring title to the |
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real property and improvements of the San Angelo Museum of Fine Arts |
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to the nonprofit organization. The deed must: |
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(1) cite the authorization by the board of regents to |
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make the transfer; and |
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(2) provide that title to the real property and |
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improvements reverts to the Texas Tech University System if the |
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nonprofit organization: |
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(A) discontinues using the real property or |
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improvements for public purposes as required by the deed; or |
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(B) executes a document that purports to convey |
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title. |
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SECTION 2. 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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