HBA-SEB S.B. 494 76(R)BILL ANALYSIS Office of House Bill AnalysisS.B. 494 By: Harris House Administration 3/23/1999 Engrossed BACKGROUND AND PURPOSE Currently, Texas law authorizes the State Preservation Board (board) to restore, preserve, and maintain the Capitol, General Land Office Building, their contents, and their grounds. Under the 75th Legislature, the board assumed the property management functions of the Capitol, Capitol Extension, and General Land Office Building and their grounds. S.B. 494 establishes the Bob Bullock Texas State History Museum and sets forth the functions, powers and duties of the board regarding the museum, the historic Woodlawn mansion, and additional visitors' services. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 443.004(b), Government Code, to require the State Preservation Board (board) to meet at the call of the governor, rather than at least quarterly each year, and as provided by board rules. SECTION 2. Amends Section 443.005, Government Code, to authorize the executive director of the board (executive director), rather than the board, to employ an architect of the Capitol (architect) who serves under the direction of the executive director. Sets forth required qualifications for the architect. Deletes existing text regarding the architect's duties. SECTION 3. Amends Sections 443.0051(a) and (b), Government Code, to delete existing text authorizing the board to assign the duties of an executive director to the architect. Makes nonsubstantive changes. SECTION 4. Amends Chapter 443, Government Code, by adding Section 443.0054, as follows: Sec. 443.0054. COMPENSATORY TIME FOR EMPLOYEES EXEMPT FROM FLSA. Requires the board to allow compensatory time off in accordance with a schedule adopted by the board for hours worked in a week in which the combination of hours worked, paid leave, and holidays exceeds a total of 40 hours, for employees who are not subject to the overtime provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), as amended. SECTION 5. Amends Section 443.006(b), Government Code, to delete a reference to the original documents relating to the construction and alteration of the Capitol and the General Land Office Building from the requirement that the curator of the Capitol shall develop and maintain a registration and inventory of the buildings' contents and their grounds. SECTION 6. Amends Section 443.007(a), Government Code, to require the board to maintain records, rather than archives, relating to the construction and development of the Capitol, General Land Office Building, their contents, and their grounds. Makes conforming changes. SECTION 7. Amends Section 443.007(d), Government Code, to authorize the board to purchase insurance policies to insure any personal property against any insurable risk, including insurance covering historical artifacts, art, or other items on loan to the board. Deletes existing text regarding construction or preservation projects. SECTION 8. Amends Chapter 443, Government Code, by adding Section 443.0072, as follows: Sec. 443.0072. POWERS AND DUTIES RELATING TO OTHER BUILDINGS AND GROUNDS. Provides that the board has the same powers and duties it has in regard to the Capitol and the General Land Office Building, except as expressly limited by law, in regard to any buildings, contents, or grounds over which the board has jurisdiction. SECTION 9. Amends Section 443.0101, Government Code, by adding Subsection (e), to require the net proceeds from pay station telephones in the Capitol or another building under the jurisdiction of the board to be deposited to the credit of the Capitol fund. SECTION 10. Amends Chapter 443, Government Code, by adding Section 443.0103, as follows: Sec. 443.0103. CAPITOL RENEWAL ACCOUNT. Provides that the Capitol renewal account is a special account in the general revenue fund and consists of money appropriated for the purpose of the account. Authorizes money in the account to be used only for the purpose of maintaining and preserving the Capitol, the General Land Office Building, their contents, and their grounds. Requires the pro rata portion of interest received from investment of money in the general revenue fund to be credited to the account. Provides that the account is exempt from the application of Sections 403.095 (Use of Dedicated Revenue) and 404.071 (Disposition of Interest on Investments). SECTION 11. Amends Section 443.016(a), Government Code, to authorize only plants and trees indigenous to this state to be used in landscaping work on the Capitol grounds, except as otherwise provided by this section (Use of Indigenous Plants and Trees), to the extent reasonable and practical, rather than possible. Authorizes the board to permit the use of specimens of nonindigenous plants that have historical significance in relation to the Capitol grounds. Makes conforming changes. SECTION 12. Amends Section 443.021, Government Code, as follows: Sec. 443.021. New title: STATE HISTORY MUSEUM. Provides that the board is authorized to govern and operate a state history museum to be located within the Capitol complex from funds appropriated for that purpose. SECTION 13. Amends Section 443.023, Government Code, to provide that Subtitle D, Title10 (State Purchasing and General Services) does not apply to a purchase or lease under this chapter (State Preservation Board). Requires the executive director to notify the board in writing of any expenditures in excess of $15,000 made under this chapter. Makes a conforming change. SECTION 14. Amends Chapter 443, Government Code, by adding Sections 443.025, 443.026, and 443.027, as follows: Sec. 443.025. WOODLAWN. Provides that the title to the historic property Woodlawn, also commonly known as Pease Mansion and Shivers Mansion, located at No. 6 Niles Road in Austin, is in the name of the board. Requires the board to preserve, maintain, restore, and furnish the building, its contents, and its grounds, and to otherwise provide for use of the building and grounds. Authorizes the board to set and collect a fee for the use of Woodlawn for special activities. Requires the board to deposit money received under this subsection to the credit of the Capitol fund. Sec. 443.026. TOURS. Authorizes the board to provide for public tours of the Capitol and other buildings and grounds under the jurisdiction of the board. Authorizes the board to provide for the transportation of visitors within the Capitol complex and between the buildings and grounds subject to the jurisdiction of the board. Authorizes the board to participate in providing for the transportation of visitors between the buildings and grounds subject to the jurisdiction of the board and other historic and cultural sites, in cooperation with other public and private authorities. Authorizes the board to set and collect a fee for transportation under this section. Requires the board to deposit money received to the credit of the Capitol fund. Sec. 443.027. PUBLICATIONS AND PUBLICITY. Provides that the publicity of the buildings, contents, and grounds subject to the jurisdiction of the board is essential to the board's statutory objectives. Authorizes the board to employ public relations personnel, and publish or contract for the publication of brochures, books, and periodicals intended for the general public that are promotional, informational, or educational. Authorizes the board to sell publications printed under this section at prices set by the board. SECTION 15. Amends Subtitle D, Title 4, Government Code, by adding Chapter 445, as follows: CHAPTER 445. TEXAS STATE HISTORY MUSEUM Sec. 445.001. MUSEUM. Establishes the Bob Bullock Texas State History Museum for the purpose of educating and engaging visitors in the history of Texas. Requires the museum to provide exhibits, programs, and activities that support the education of public school students in the essential knowledge and skills developed and adopted under Chapter 28, Education Code (Courses of Study; Advancement). Provides that the museum is not subject to the provisions of Section 2165.005 (Naming of State Buildings). Sec. 445.002. GOVERNANCE. Requires the board to govern and provide for the operation of the museum. Provides that the board and the executive director have the same powers and duties in relation to the museum that they have in regard to other facilities and programs under Chapter 443. Requires the governor, lieutenant governor, and speaker of the house of representatives to each appoint one person to an advisory committee to assist and advise the board in governing and operating the museum. Provides that a member of the board is eligible to serve on the advisory committee. Sec. 445.003. VENDING FACILITIES. Authorizes the museum to operate a gift shop, food services, pay station telephones, automated teller machines, and other services and facilities convenient or necessary for visitors to the museum. Provides that Chapter 94, Human Resources Code (Vending Facilities Operated by Blind Persons), does not apply to vending facilities operated by or approved for operation in the museum. Sec. 445.004. THEATERS; FILMS AND OTHER PRODUCTS. Authorizes the museum to operate one or more film theaters, including a large-format theater. Authorizes the museum to exhibit commercially-produced entertainment films in museum theaters, in addition to films connected with Texas history. Authorizes the museum to develop and produce films and any other products and to retain royalties or otherwise receive revenue from the production, distribution, exhibition, or sale of those films or products. Sec. 445.005. MARKETING AND PUBLIC RELATIONS. Establishes that marketing and publicity of the museum's exhibits, programs, and activities is essential to the museum's statutory objectives. Authorizes the board to employ public relations personnel, publish promotional literature, and advertise the museum in any available media for that purpose. Sec. 446.006. TOURS; PARKING AND TRANSPORTATION. Authorizes the museum to provide parking for visitors and, in cooperation with other public and private authorities, to participate in providing for tour transportation of visitors between other historical and cultural sites. Sec. 445.007. PRIVATE EVENTS. Authorizes the museum to rent all or part of the museum facility at various times for private events. Authorizes the museum to restrict public access to that part of the facility rented for a private event. Authorizes the museum to provide for the sale, gift, possession, and consumption of alcoholic beverages at a private event held in the facility. Sec. 445.008. INSURANCE. Authorizes the museum to purchase insurance policies to insure the museum buildings and contents and other personal property against any insurable risk, including insurance covering historical artifacts, art, or other items on loan to the museum. Sec. 445.009. CONTRACTS. Authorizes the museum to contract with public or private entities to the extent necessary or convenient to the operation of the museum's exhibits, programs, activities, and facilities, including contracts for the acquisition by purchase or loan of items for exhibition. Sec. 445.010. PROGRAM AND FACILITY ACCESSIBILITY. Requires the museum to comply with federal and state laws related to program and facility accessibility. Requires the museum to prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the museum's programs and services. Sec. 445.011. FUNDING. Requires the costs of operating the museum to be paid from revenues generated by the museum, to the extent possible. Authorizes the legislature to appropriate funds for the operation of the museum. Requires the museum to solicit gifts of money or items from individuals and from public or private foundations and organizations, and authorizes the museum to accept such gifts. Authorizes the museum to set and collect fees in amounts necessary to provide for the operation of the museum. Authorizes the museum to sell at prices set by the museum items manufactured or publications printed under contract with the museum. Requires all net revenue collected by the museum, including the net revenue from vending facilities under Section 445.003, to be credited to the Bob Bullock Texas State History Museum fund (fund). Provides that the transactions, funds, and programs of the museum are subject to audit by the state auditor in accordance with Chapter 321 (State Auditor). Sec. 445.012. MUSEUM FUND. (a) Requires money and securities received by the museum to be held in trust outside the treasury by the comptroller in a special fund to be known as the Bob Bullock Texas State History Museum fund. Authorizes the museum to spend money received by the museum for any purpose connected with the museum. (b) Requires the comptroller to manage and invest the fund on behalf of the museum as directed or agreed to by the museum. Requires interest, dividends, and other income of the fund to be credited to the fund. (c) Requires the museum to prepare a detailed annual report containing specific information on the fund. (d) Requires the state auditor to annually review the annual report on the fund and any information used in preparing the report as the auditor deems necessary. Requires the auditor to report any findings or recommendations to the museum and the legislative audit committee. (e) Provides that the fund is not subject to Subchapter F, Chapter 404 (State Funds Reform Act). Establishes that a provision of this chapter or other law that provides for the deposit of money or another thing of value into the fund prevails over Subchapter F, Chapter 404. (f) Specifies that Subtitle D, Title 10 (State Purchasing and General Services), does not apply to a purchase or lease made with money from the fund. Sec. 445.013. SUPPORT ORGANIZATIONS. Authorizes the museum to establish and maintain one or more organizations of persons interested in supporting the programs and activities of the museum. Authorizes such an organization to be incorporated as a Texas nonprofit corporation. SECTION 16. Repealer: Section 415.117(b), Government Code (providing that the board must approve a decision relating to the construction of a memorial on Capitol grounds). Repealer: Section 443.003(e), Government Code (authorizing the designation of a representative to act on behalf of an absent board member). SECTION 17. Provides that the Bob Bullock Texas State History Museum established under Chapter 445, Government Code, as added by Section 15 of this Act, is dedicated to former Lieutenant Governor Bob Bullock in recognition of his contribution to the people of the State of Texas through a life of public service and in recognition of his vision in proposing and securing funding for the museum. Requires the board to install in a prominent place in the museum a plaque commemorating the dedication of the museum to Bob Bullock. SECTION 18.Emergency clause. Effective date: upon passage.