Texas 2009 - 81st Regular

Texas House Bill HB1266 Compare Versions

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1	1	81R8134 SJM-D
2	2	By: Darby H.B. No. 1266
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing the board of regents of the Texas Tech
8	8	University System to transfer the San Angelo Museum of Fine Arts to
9	9	a nonprofit organization to operate the museum.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 109A, Education Code, is amended by
12	12	adding Section 109A.005 to read as follows:
13	13	Sec. 109A.005. AUTHORITY TO TRANSFER SAN ANGELO MUSEUM OF
14	14	FINE ARTS. (a) In this section, "nonprofit organization" means an
15	15	organization exempt from federal income taxation under Section
16	16	501(a), Internal Revenue Code of 1986, as an organization described
17	17	by Section 501(c)(3) of that code.
18	18	(b) The board of regents may transfer title to the real
19	19	property and improvements of the San Angelo Museum of Fine Arts to a
20	20	nonprofit organization if:
21	21	(1) before transferring title, the board of regents
22	22	holds a public meeting at which the transfer is an agenda item and,
23	23	in addition to any other notice required, gives notice of the
24	24	meeting by publishing the subject matter, location, date, and time
25	25	of the meeting in a newspaper having general circulation in the city
26	26	of San Angelo;
27	27	(2) the board of regents determines that:
28	28	(A) the transfer will serve the interests of the
29	29	university and the public; and
30	30	(B) at the time of the transfer, the university
31	31	does not require the entirety of the real property or improvements
32	32	for educational purposes; and
33	33	(3) the nonprofit organization to which the transfer
34	34	is proposed to be made has demonstrated, to the satisfaction of the
35	35	board of regents, that the organization intends to continue to:
36	36	(A) use the real property and improvements for
37	37	public purposes, including educational purposes; and
38	38	(B) keep the museum open to the public on a
39	39	frequent and regular basis.
40	40	(c) To make a transfer under this section, the chairman of
41	41	the board of regents shall execute a deed transferring title to the
42	42	real property and improvements of the San Angelo Museum of Fine Arts
43	43	to the nonprofit organization. The deed must:
44	44	(1) cite the authorization by the board of regents to
45	45	make the transfer; and
46	46	(2) provide that title to the real property and
47	47	improvements reverts to the Texas Tech University System if the
48	48	nonprofit organization:
49	49	(A) discontinues using the real property or
50	50	improvements for public purposes as required by the deed; or
51	51	(B) executes a document that purports to convey
52	52	title.
53	53	SECTION 2. This Act takes effect immediately if it receives
54	54	a vote of two-thirds of all the members elected to each house, as
55	55	provided by Section 39, Article III, Texas Constitution. If this
56	56	Act does not receive the vote necessary for immediate effect, this
57	57	Act takes effect September 1, 2009.