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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the Texas State Music Museum and |
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Texas Music Foundation; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 4, Government Code, is amended |
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by adding Chapter 446 to read as follows: |
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CHAPTER 446. TEXAS STATE MUSIC MUSEUM AND TEXAS MUSIC FOUNDATION |
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Sec. 446.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the State Preservation Board. |
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(2) "Capitol Complex" has the meaning assigned by |
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Section 443.0071. |
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(3) "Foundation" means the Texas Music Foundation. |
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(4) "Museum" means the Texas State Music Museum. |
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(5) "Presiding officer" means the presiding officer of |
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the foundation. |
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Sec. 446.002. ESTABLISHMENT OF MUSEUM. (a) The Texas State |
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Music Museum is established to: |
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(1) educate and engage visitors in the rich and varied |
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heritage of the music of this state; |
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(2) display objects and information relating to the |
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heritage described by Subdivision (1); and |
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(3) honor musical artists and other persons who have |
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contributed to the heritage described by Subdivision (1). |
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(b) The museum shall provide exhibits, concerts, programs, |
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and activities that support the musical education of the people of |
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this state, including students. |
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(c) The cost of operating the museum shall be paid from |
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revenue generated or collected by the museum and the foundation. |
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Sec. 446.003. ESTABLISHMENT OF FOUNDATION. The board shall |
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establish and maintain the Texas Music Foundation as a Texas |
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nonprofit corporation, exempt from federal income taxation under |
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Section 501(a), Internal Revenue Code of 1986, as an organization |
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described by Section 501(c)(3) of that code. The foundation is a |
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nonpolitical legal entity dedicated solely to supporting the |
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mission and goals of the museum. |
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Sec. 446.004. FOUNDATION DIRECTORS. (a) The foundation is |
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governed by 13 directors, appointed by the governor, as chairman of |
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the board, in consultation with the other board members. |
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(b) The executive director of the board and a person |
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designated by the governor's office serve as ex officio directors |
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of the foundation, without voting privileges. |
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(c) Each director serves at the will of the governor. |
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(d) The governor shall designate a director to serve as the |
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presiding officer of the foundation. |
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(e) A director serves without compensation but is entitled |
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to reimbursement for reasonable and necessary expenses incurred in |
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the performance of duties as director. |
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(f) A person who is required to register as a lobbyist under |
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Chapter 305 may not serve as a director. |
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Sec. 446.005. BOARD OVERSIGHT AND DESIGNATION OF MUSEUM |
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SPACE. (a) The museum is under the jurisdiction of the board. |
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(b) The board, with the assistance of the Texas Facilities |
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Commission, shall designate sufficient space in a building in the |
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Capitol Complex to house the museum. The building is not subject to |
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Section 2165.005. |
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(c) The board shall name the building. |
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Sec. 446.006. AGREEMENT BETWEEN BOARD AND FOUNDATION. The |
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board shall enter into an agreement with the foundation for the |
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management, operation, and financial support of the museum. The |
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agreement must: |
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(1) detail the expectations and goals of the board and |
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the foundation; |
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(2) outline the management and operation of the |
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museum; |
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(3) establish management standards; |
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(4) provide for oversight by the board; |
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(5) address funding and payment of costs; |
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(6) address equipment needed for the museum; |
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(7) establish insurance coverage requirements; |
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(8) address construction, maintenance, and repair of |
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the museum; |
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(9) establish the term of the agreement; |
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(10) require submission of financial information from |
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the foundation to the board; |
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(11) establish the foundation as a trustee of the |
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museum for the benefit of this state; |
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(12) address ownership by this state of the museum and |
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museum contents; |
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(13) include a dispute resolution process; |
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(14) provide that the laws of this state govern the |
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agreement; |
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(15) include notice requirements; |
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(16) establish a conflict of interest policy for |
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foundation officers, directors, and employees; |
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(17) establish a budget for the operation of the |
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foundation; and |
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(18) allow the board to provide personnel and office |
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support to the foundation. |
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Sec. 446.007. FOUNDATION PERSONNEL. (a) The foundation |
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shall employ personnel necessary to operate the museum. |
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(b) A foundation employee is not a state employee. The |
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foundation may set the salaries of foundation employees, subject to |
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board oversight. |
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Sec. 446.008. FOUNDATION POWERS AND DUTIES. (a) The |
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foundation shall manage and operate the museum. |
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(b) Any authority granted to the museum may be exercised by |
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the foundation, except as otherwise directed by the board. |
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(c) The foundation shall raise money to finance and support |
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the museum. |
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(d) With the approval of the board, the foundation may |
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conduct concerts, programs, and fund-raising activities in the |
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Capitol Complex outside the fence line of the Capitol grounds. |
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Sec. 446.009. FUNDING AND FEES. (a) The foundation may |
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solicit and accept gifts, grants, sponsorships, and donations from |
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individuals and public or private foundations and organizations to |
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further the foundation's mission, including a gift, grant, |
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sponsorship, or donation made in the name of the museum. |
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(b) Money raised by the foundation may be used to acquire |
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personal property for or engage in construction activities related |
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to the museum. |
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(c) The foundation may set and collect fees in amounts |
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necessary to provide for the operation of the museum, including |
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fees for: |
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(1) admission to exhibits, theaters, concerts, |
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programs, and activities; |
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(2) parking and transportation; and |
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(3) facility rental. |
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(d) The foundation may sell at the museum items manufactured |
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or publications printed under contract with the museum. |
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(e) The foundation may establish a museum membership |
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program. |
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Sec. 446.010. TEXAS STATE MUSIC MUSEUM FUND. (a) Money and |
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securities received by the foundation and museum shall be held in |
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trust outside the state treasury by the comptroller in a special |
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fund to be known as the Texas State Music Museum fund. |
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(b) The foundation may spend money in the Texas State Music |
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Museum fund for any lawful purpose connected with the museum. |
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(c) Subtitle D, Title 10, does not apply to a purchase or |
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lease made with money from the fund. |
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Sec. 446.011. FACILITIES. (a) The foundation may operate |
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in the museum: |
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(1) a theater or other venue for hosting a musical |
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concert or performance; |
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(2) a gift shop; |
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(3) unmanned teller machines; |
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(4) food services; and |
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(5) other services and facilities convenient or |
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necessary for visitors to the museum. |
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(b) Chapter 355, Labor Code, does not apply to vending |
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facilities operated by or approved for operation in the museum. |
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Sec. 446.012. NAMING OF MUSEUM AREAS. With the approval of |
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the board, the foundation may name areas in the museum, including |
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rooms and exhibition halls, in honor of donors or benefactors, or |
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other persons who have contributed to the musical heritage of this |
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state. |
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Sec. 446.013. INTELLECTUAL PROPERTY RIGHTS. The foundation |
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may secure museum-related intellectual property rights for this |
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state. |
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Sec. 446.014. AUDIT. The museum is subject to audit by the |
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state auditor as provided by Chapter 321. |
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Sec. 446.015. PARKING AND TRANSPORTATION. The foundation |
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may provide at the museum parking for visitors and, in cooperation |
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with other public and private authorities, may participate in |
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providing transportation for visitors between other musical and |
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cultural sites. |
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Sec. 446.016. PRIVATE EVENTS. The foundation may rent all |
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or part of the museum's facilities for private events and provide |
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for the sale, gift, possession, and consumption of alcoholic |
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beverages at a private event held in the facilities. |
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Sec. 446.017. MARKETING AND PUBLIC RELATIONS. The |
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foundation may engage in marketing and public relations to |
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publicize the museum and the museum's mission. |
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Sec. 446.018. INSURANCE. The foundation may purchase |
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insurance policies to insure the museum's contents and other |
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personal property against any insurable risk, including insurance |
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covering historical artifacts, art, or other items on loan to the |
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museum. |
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Sec. 446.019. CONTRACTS. The foundation may contract with |
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public or private entities to the extent necessary or convenient |
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for the operation of the museum's exhibits, concerts, programs, |
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activities, and facilities, including contracts for the |
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acquisition by purchase or loan of items for exhibition. |
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Sec. 446.020. AGREEMENT FOR UTILITIES AND OTHER SERVICES. |
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The foundation may enter into an agreement with the Texas |
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Facilities Commission to reimburse the commission for the costs of |
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providing utilities and other necessary services for the museum. |
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Sec. 446.021. ANNUAL REPORT. Not later than the 60th day |
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after the last day of each state fiscal year, the foundation shall |
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submit to the board an electronic report itemizing all income and |
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expenditures of the foundation and describing all activities of the |
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foundation and museum during the preceding state fiscal year. |
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Sec. 446.022. OPEN MEETINGS AND PUBLIC INFORMATION |
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EXEMPTION. The foundation is not subject to Chapter 551 or 552. |
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Sec. 446.023. TAX EXEMPTION; FILING REQUIREMENT. (a) All |
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income, property, and other assets of the foundation are exempt |
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from taxation by this state and political subdivisions of this |
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state. |
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(b) The foundation shall comply with all filing |
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requirements of the secretary of state and the Internal Revenue |
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Service. |
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Sec. 446.024. PROHIBITED ACTIVITIES. The foundation may |
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not: |
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(1) donate funds to a political campaign or endorse a |
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political candidate; |
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(2) lobby or otherwise attempt to influence a member |
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of the legislature; or |
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(3) directly or indirectly attempt to influence |
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legislation. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act: |
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(1) the State Preservation Board shall establish the |
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Texas Music Foundation under Chapter 446, Government Code, as added |
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by this Act; and |
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(2) the governor shall appoint directors to the Texas |
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Music Foundation as provided by Section 446.004, Government Code, |
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as added by this Act. |
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SECTION 3. 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, 2017. |