Bill Text: TX SB1147 | 2017-2018 | 85th Legislature | Comm Sub

---

Bill Title: Relating to the establishment of the Texas State Music Museum and Texas Music Foundation; authorizing fees.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2017-05-12 - Corrected committee report sent to Calendars [SB1147 Detail]

Download: Texas-2017-SB1147-Comm_Sub.html

---

By: Watson, et al. S.B. No. 1147
(Frullo)

A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Texas State Music Museum and
Texas Music Foundation; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 4, Government Code, is amended
by adding Chapter 446 to read as follows:
CHAPTER 446. TEXAS STATE MUSIC MUSEUM AND TEXAS MUSIC FOUNDATION
Sec. 446.001. DEFINITIONS. In this chapter:
(1) "Board" means the State Preservation Board.
(2) "Capitol Complex" has the meaning assigned by
Section 443.0071.
(3) "Foundation" means the Texas Music Foundation.
(4) "Museum" means the Texas State Music Museum.
(5) "Presiding officer" means the presiding officer of
the foundation.
Sec. 446.002. ESTABLISHMENT OF MUSEUM. (a) The Texas
State Music Museum is established to:
(1) educate and engage visitors in the rich and varied
heritage of the music of this state;
(2) display objects and information relating to the
heritage described by Subdivision (1); and
(3) honor musical artists and other persons who have
contributed to the heritage described by Subdivision (1).
(b) The museum shall provide exhibits, concerts, programs,
and activities that support the musical education of the people of
this state, including students.
(c) The cost of operating the museum shall be paid from
revenue generated or collected by the museum and the foundation.
Sec. 446.003. ESTABLISHMENT OF FOUNDATION. The board shall
establish and maintain the Texas Music Foundation as a Texas
nonprofit corporation, exempt from federal income taxation under
Section 501(a), Internal Revenue Code of 1986, as an organization
described by Section 501(c)(3) of that code. The foundation is a
nonpolitical legal entity dedicated solely to supporting the
mission and goals of the museum.
Sec. 446.004. FOUNDATION DIRECTORS. (a) The foundation is
governed by 13 directors, appointed by the governor, as chairman of
the board, in consultation with the other board members.
(b) The executive director of the board and a person
designated by the governor's office serve as ex officio directors
of the foundation, without voting privileges.
(c) Each director serves at the will of the governor.
(d) The governor shall designate a director to serve as the
presiding officer of the foundation.
(e) A director serves without compensation but is entitled
to reimbursement for reasonable and necessary expenses incurred in
the performance of duties as director.
(f) A person who is required to register as a lobbyist under
Chapter 305 may not serve as a director.
Sec. 446.005. BOARD OVERSIGHT AND DESIGNATION OF MUSEUM
SPACE. (a) The museum is under the jurisdiction of the board.
(b) The board, with the assistance of the Texas Facilities
Commission, shall designate sufficient space in a building in the
Capitol Complex to house the museum. The building is not subject to
Section 2165.005.
Sec. 446.006. AGREEMENT BETWEEN BOARD AND FOUNDATION. The
board shall enter into an agreement with the foundation for the
management, operation, and financial support of the museum. The
agreement must:
(1) detail the expectations and goals of the board and
the foundation;
(2) outline the management and operation of the
museum;
(3) establish management standards;
(4) provide for oversight by the board;
(5) address funding and payment of costs;
(6) address equipment needed for the museum;
(7) establish insurance coverage requirements;
(8) address construction, maintenance, and repair of
the museum;
(9) establish the term of the agreement;
(10) require submission of financial information from
the foundation to the board;
(11) establish the foundation as a trustee of the
museum for the benefit of this state;
(12) address ownership by this state of the museum and
museum contents;
(13) include a dispute resolution process;
(14) provide that the laws of this state govern the
agreement;
(15) include notice requirements;
(16) establish a conflict of interest policy for
foundation officers, directors, and employees;
(17) establish a budget for the operation of the
foundation; and
(18) allow the board to provide personnel and office
support to the foundation.
Sec. 446.007. FOUNDATION PERSONNEL. (a) The foundation
shall employ personnel necessary to operate the museum.
(b) A foundation employee is not a state employee. The
foundation may set the salaries of foundation employees, subject to
board oversight.
Sec. 446.008. FOUNDATION POWERS AND DUTIES. (a) The
foundation shall manage and operate the museum.
(b) Any authority granted to the museum may be exercised by
the foundation, except as otherwise directed by the board.
(c) The foundation shall raise money to finance and support
the museum.
(d) With the approval of the board, the foundation may
conduct concerts, programs, and fund-raising activities in the
Capitol Complex outside the fence line of the Capitol grounds.
Sec. 446.009. FUNDING AND FEES. (a) The foundation may
solicit and accept gifts, grants, sponsorships, and donations from
individuals and public or private foundations and organizations to
further the foundation's mission, including a gift, grant,
sponsorship, or donation made in the name of the museum.
(b) Money raised by the foundation may be used to acquire
personal property for or engage in construction activities related
to the museum.
(c) The foundation may set and collect fees in amounts
necessary to provide for the operation of the museum, including
fees for:
(1) admission to exhibits, theaters, concerts,
programs, and activities;
(2) parking and transportation; and
(3) facility rental.
(d) The foundation may sell at the museum items manufactured
or publications printed under contract with the museum.
(e) The foundation may establish a museum membership
program.
Sec. 446.010. TEXAS STATE MUSIC MUSEUM FUND. (a) Money
and securities received by the foundation and museum shall be held
in trust outside the state treasury by the comptroller in a special
fund to be known as the Texas State Music Museum fund.
(b) The foundation may spend money in the Texas State Music
Museum fund for any lawful purpose connected with the museum.
(c) Subtitle D, Title 10, does not apply to a purchase or
lease made with money from the fund.
Sec. 446.011. FACILITIES. (a) The foundation may operate
in the museum:
(1) a theater or other venue for hosting a musical
concert or performance;
(2) a gift shop;
(3) unmanned teller machines;
(4) food services; and
(5) other services and facilities convenient or
necessary for visitors to the museum.
(b) Chapter 355, Labor Code, does not apply to vending
facilities operated by or approved for operation in the museum.
Sec. 446.012. NAMING OF MUSEUM AREAS. With the approval of
the board, the foundation may name areas in the museum, including
rooms and exhibition halls, in honor of donors or benefactors, or
other persons who have contributed to the musical heritage of this
state.
Sec. 446.013. INTELLECTUAL PROPERTY RIGHTS. The foundation
may secure museum-related intellectual property rights for this
state.
Sec. 446.014. AUDIT. The museum is subject to audit by the
state auditor as provided by Chapter 321.
Sec. 446.015. PARKING AND TRANSPORTATION. The foundation
may provide at the museum parking for visitors and, in cooperation
with other public and private authorities, may participate in
providing transportation for visitors between other musical and
cultural sites.
Sec. 446.016. PRIVATE EVENTS. The foundation may rent all
or part of the museum's facilities for private events and provide
for the sale, gift, possession, and consumption of alcoholic
beverages at a private event held in the facilities.
Sec. 446.017. MARKETING AND PUBLIC RELATIONS. The
foundation may engage in marketing and public relations to
publicize the museum and the museum's mission.
Sec. 446.018. INSURANCE. The foundation may purchase
insurance policies to insure the museum's contents and other
personal property against any insurable risk, including insurance
covering historical artifacts, art, or other items on loan to the
museum.
Sec. 446.019. CONTRACTS. The foundation may contract with
public or private entities to the extent necessary or convenient
for the operation of the museum's exhibits, concerts, programs,
activities, and facilities, including contracts for the
acquisition by purchase or loan of items for exhibition.
Sec. 446.020. AGREEMENT FOR UTILITIES AND OTHER SERVICES.
The foundation may enter into an agreement with the Texas
Facilities Commission to reimburse the commission for the costs of
providing utilities and other necessary services for the museum.
Sec. 446.021. ANNUAL REPORT. Not later than the 60th day
after the last day of each state fiscal year, the foundation shall
submit to the board an electronic report itemizing all income and
expenditures of the foundation and describing all activities of the
foundation and museum during the preceding state fiscal year.
Sec. 446.022. OPEN MEETINGS AND PUBLIC INFORMATION
EXEMPTION. The foundation is not subject to Chapter 551 or 552.
Sec. 446.023. TAX EXEMPTION; FILING REQUIREMENT. (a) All
income, property, and other assets of the foundation are exempt
from taxation by this state and political subdivisions of this
state.
(b) The foundation shall comply with all filing
requirements of the secretary of state and the Internal Revenue
Service.
Sec. 446.024. PROHIBITED ACTIVITIES. The foundation may
not:
(1) donate funds to a political campaign or endorse a
political candidate;
(2) lobby or otherwise attempt to influence a member
of the legislature; or
(3) directly or indirectly attempt to influence
legislation.
SECTION 2. As soon as practicable after the effective date
of this Act:
(1) the State Preservation Board shall establish the
Texas Music Foundation under Chapter 446, Government Code, as added
by this Act; and
(2) the governor shall appoint directors to the Texas
Music Foundation as provided by Section 446.004, Government Code,
as added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.