Bill Text: TX SB1338 | 2011-2012 | 82nd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the powers and duties of the State Preservation Board.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2011-06-17 - Effective immediately [SB1338 Detail]

Download: Texas-2011-SB1338-Introduced.html
  2011S0598-1 03/07/11
 
  By: Eltife S.B. No. 1338
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the membership, powers, and duties of the State
  Preservation Board.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 443.0071, Government
  Code, is amended to read as follows:
         (a)  A proposal to construct a building, monument, or other
  improvement in the Capitol complex must be submitted to the board
  for its review and comment at the earliest planning stages of any
  such project [before contracts for the construction are executed].
         SECTION 2.  Subsection (a), Section 443.010, Government
  Code, is amended to read as follows:
         (a)  The board and the employees of the board shall develop
  plans and programs to solicit, and may solicit, gifts, money, and
  items of value from private persons, foundations, or organizations.  
  Property provided by those entities and money donated to the board
  become the property of the state and are under the control of the
  board.  The board shall use gifts of money made to the board for the
  purpose specified by the grantor, if any. To the extent
  practicable, the board shall use gifts of property made to the board
  for the purpose specified by the grantor.  The board may refuse a
  gift if in the board's judgment the purpose specified by the grantor
  conflicts with the goal of preserving the historic character of the
  buildings under the board's control.
         SECTION 3.  Section 443.0103, Government Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  The board may transfer money from the capital renewal
  trust fund to any account of the Capitol fund, provided that money
  transferred shall only be used for the purposes outlined in
  Subsection (b).
         SECTION 4.  Subsection (a), Section 443.019, Government
  Code, is amended to read as follows:
         (a)  The board may require and collect a standardized deposit
  from a person or entity that uses the Capitol or the grounds of the
  Capitol for an event, exhibit, or other scheduled activity.  The
  deposit is in an amount set by the board designed to recover the
  estimated direct and indirect costs to the state of the event,
  exhibit, or activity.  The board shall set the amounts of deposits
  required under this section in a uniform and nondiscriminatory
  manner for similar events, exhibits, or other scheduled activities.  
  The board may deduct from the deposit:
               (1)  the cost of damage to the Capitol or grounds of the
  Capitol that directly results from the event, exhibit, or other
  activity;
               (2)  the costs of [extra] labor, materials, and
  utilities directly or indirectly attributable to the event,
  exhibit, or other activity; and
               (3)  the costs of [extra] security requested by the
  person or entity for the event, exhibit, or other activity.
         SECTION 5.  Chapter 443, Government Code, is amended by
  adding Section 443.030 to read as follows:
         Sec. 443.030.  SUPPORT ORGANIZATIONS. The board may
  establish, maintain, and participate in the operation of one or
  more organizations of persons whose purpose is to raise funds for or
  provide services or other benefits to the board. Such an
  organization may be incorporated as a Texas nonprofit corporation.
         SECTION 6.  Section 443.003, Government Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  The governor, the lieutenant governor, and the 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 7.  Subsection (a), Section 443.004, Government
  Code, is amended to read as follows:
         (a)  The governor or the governor's designee under Section
  443.003(e) is chairman of the board.
         SECTION 8.  Subsection (e), Section 443.0101, Government
  Code, is repealed.
         SECTION 9.  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, 2011.
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