HBA-DMD H.B. 1223 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1223
By: Seaman
State, Federal, & International Relations
3/24/1999
Introduced



BACKGROUND AND PURPOSE 

Recently, important artifacts have been discovered which are significant to
Texas history, including the discoveries of French explorer Robert
LaSalle's shipwreck, the Belle, in Matagorda Bay and Fort St. Louis in
Victoria County. The Texas Historical Commission (commission) has been
working with local communities to assist them in displaying artifacts in
cities and counties in or near where such discoveries have been made.
However, many communities do not have the resources to provide adequate
facilities for the display of these artifacts. 

H.B. 1223 requires the commission to administer a program to assist
municipalities, counties, museums, and county historical commissions with
developing and improving museum facilities that display historical
artifacts significant in Texas or American history, that were discovered in
Texas. This bill also creates the Texas Historical Artifacts Program fund
(fund) with money appropriated to the fund. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Historical Commission in
SECTION 1 (Section 442.0145, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 442, Government Code, by adding Section
442.0145, as follows: 

Sec. 442.0145.  TEXAS HISTORICAL ARTIFACTS PROGRAM; FUND. (a) Requires the
Texas Historical Commission (commission) to administer a program to assist
municipalities, counties, museums, and county historical commissions with
developing and improving museum facilities that display historical
artifacts significant in Texas or American history, that were discovered in
Texas. 

(b) Creates as a separate account in the general revenue fund, the Texas
Historical Artifacts Program fund (fund), which is composed of money
appropriated to the fund, money deposited into the fund under Subsection
(c), and the interest that is received from investments of money in the
fund that the comptroller is required to allocate to the fund. Sets forth
that Sections 403.095 (Use of Dedicated Revenue) and 404.071 (Disposition
of Interest on Investments) do not apply to the fund or to interest
received from investments of money in the fund.  Authorizes money in the
fund to be spent only as provided by the commission under this section. 

(c) Authorizes the commission to accept grants or other donations from any
source, which are to be deposited in the fund. 

(d) Requires the commission to establish rules governing the use,
administration, and distribution of the fund that must ensure that money in
the fund is used only for the purposes prescribed by Subsection (a), which
includes paying the expenses of administering the program. 

 SECTION 2.  Emergency clause.
  Effective date: upon passage.