By: Birdwell, Nichols S.B. No. 201

A BILL TO BE ENTITLED

AN ACT

relating to the continuation and functions of the State Preservation Board; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 443.002, Government Code, is amended to read as follows:

Sec. 443.002. SUNSET PROVISION. The State Preservation Board is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2025 [2013].

SECTION 2. Section 443.003, Government Code, is amended by adding Subsection (e) to read as follows:

(e) The governor, lieutenant governor, and speaker of the house of representatives, as a member of the board, may designate a representative to act, including the ability to vote, on behalf of the member during a board meeting.

SECTION 3. Subsection (b), Section 443.004, Government Code, is amended to read as follows:

(b) The board shall meet at least twice each year and at other times at the call of the governor and as provided by board rules.

SECTION 4. Section 443.0071, Government Code, is amended to read as follows:

Sec. 443.0071. REVIEW OF CONSTRUCTION IN CAPITOL COMPLEX. (a) A proposal to construct a building, monument, or other improvement in the Capitol complex must be:

(1) consistent with Capitol complex design guidelines or standards adopted as part of a 1989 planning process or subsequently adopted based on a Capitol complex master plan; and

(2) submitted to the board for its review and comment at the earliest planning stages of any such project.

(b) Not later than the 60th day after the date the board receives final designs for a building in the Capitol complex, the board may by a public vote disapprove the project if the board determines that the project does not meet the requirements of Subsection (a)(1) or is not in the best interest of the state or of the Capitol complex.

(c) The project is considered to be approved by the board if the board does not hold the public vote authorized by Subsection (b) on or before the date required under that subsection.

(d) In this section, "Capitol complex" means the state-owned property within the area bounded on the north by Martin Luther King, Jr., Boulevard, bounded on the east by Trinity Street, bounded on the south by 10th Street, and bounded on the west by Lavaca Street.

SECTION 5. Chapter 443, Government Code, is amended by adding Section 443.031 to read as follows:

Sec. 443.031. MANSION RENEWAL TRUST FUND. (a) The Mansion renewal trust fund is created as a trust fund outside the treasury with the comptroller and shall be administered by the board, as a trustee on behalf of the people of this state, to maintain and preserve the Governor's Mansion. The fund consists of:

(1) money transferred to the fund at the direction of the legislature; or

(2) money donated to the board for the purposes of preserving and maintaining the Governor's Mansion.

(b) Money in the fund may be used only for the purpose of major repairs to or preservation of the Governor's Mansion, as determined by the board.

(c) The interest received from the investment of money in the fund shall be credited to the fund.

SECTION 6. Chapter 445, Government Code, is amended by adding Section 445.014 to read as follows:

Sec. 445.014. MUSEUM DIRECTOR. The executive director of the State Preservation Board shall employ a museum director to manage and operate the museum.

SECTION 7. Chapter 445, Government Code, is amended by adding Section 445.015 to read as follows:

Sec. 445.015. The State Preservation Board shall formulate and adopt reasonable policies for naming spaces within the museum, including the designation of rooms, exhibition halls, or other areas in honor of donors or other benefactors, if appropriate.

SECTION 8. Subchapter F, Chapter 2165, Government Code, is amended by adding Section 2165.259 to read as follows:

Sec. 2165.259. SMOKING TOBACCO ON STATE CAPITOL GROUNDS. (a) In this section, "State Capitol grounds" has the meaning assigned by Section 2165.255.

(b) A person commits an offense if the person is in possession of a burning tobacco product or smokes tobacco on the State Capitol grounds.

(c) An offense under this section is a Class C misdemeanor.

(d) The State Preservation Board shall adopt rules on the enforcement and notification of this section.

SECTION 9. The State Preservation Board shall develop and conduct a study to evaluate the feasibility of establishing lactation suites in the Capitol Complex for breastfeeding mothers, specifically to facilitate their expressing breast milk.

SECTION 10. This Act takes effect September 1, 2013.