1 | 1 | | H.B. No. 2242 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the abolition of the Texas cultural endowment fund. |
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6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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7 | 7 | | SECTION 1. Sections 444.025(a), (b), and (i), Government |
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8 | 8 | | Code, are amended to read as follows: |
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9 | 9 | | (a) The commission may accept on behalf of the state |
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10 | 10 | | donations of money, property, and art objects as it determines best |
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11 | 11 | | further the orderly development of the artistic resources of the |
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12 | 12 | | state. Money [Except as provided by Subsection (b), money] paid to |
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13 | 13 | | the commission under this chapter shall be deposited in the Texas |
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14 | 14 | | Commission on the Arts operating [cultural endowment] fund. |
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15 | 15 | | (b) The commission may solicit donations from an |
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16 | 16 | | appropriate source. [A person may designate a donation as intended |
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17 | 17 | | for the Texas cultural endowment fund or the Texas Commission on the |
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18 | 18 | | Arts operating fund. If the person designates that a donation is |
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19 | 19 | | intended for a specific fund, the donation shall be deposited in the |
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20 | 20 | | designated fund.] |
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21 | 21 | | (i) All money paid to the commission under this chapter[, |
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22 | 22 | | other than money required to be deposited in the Texas cultural |
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23 | 23 | | endowment fund,] is subject to Subchapter F, Chapter 404. |
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24 | 24 | | SECTION 2. Section 444.032(c), Government Code, is amended |
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25 | 25 | | to read as follows: |
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26 | 26 | | (c) All proceeds from the sale of compact discs under the |
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27 | 27 | | project shall be deposited in the Texas Commission on the Arts |
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28 | 28 | | operating [cultural endowment] fund under Section 444.027 |
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29 | 29 | | [444.026]. |
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30 | 30 | | SECTION 3. Sections 444.026 and 444.028, Government Code, |
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31 | 31 | | are repealed. |
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32 | 32 | | SECTION 4. (a) Before December 1, 2009, the Texas |
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33 | 33 | | Commission on the Arts, in consultation with interested |
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34 | 34 | | stakeholders, shall review donor restrictions on donations to the |
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35 | 35 | | Texas cultural endowment fund to determine if the donations may be |
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36 | 36 | | transferred to the Texas Commission on the Arts operating fund. |
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37 | 37 | | (b) On December 1, 2009: |
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38 | 38 | | (1) the Texas cultural endowment fund is abolished; |
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39 | 39 | | (2) the money, including any interest or income earned |
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40 | 40 | | before December 1, 2009, in the Texas cultural endowment fund that |
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41 | 41 | | is not subject to donor restrictions prohibiting the transfer is |
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42 | 42 | | transferred to the Texas Commission on the Arts operating fund; and |
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43 | 43 | | (3) the money, including any interest or income earned |
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44 | 44 | | before December 1, 2009, in the Texas cultural endowment fund that |
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45 | 45 | | is subject to donor restrictions prohibiting a transfer to the |
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46 | 46 | | Texas Commission on the Arts operating fund is returned to the |
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47 | 47 | | donor. |
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48 | 48 | | (c) Money transferred under Subsection (b)(2) of this |
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49 | 49 | | section may not be used to reduce or eliminate appropriations made |
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50 | 50 | | for the fiscal biennium beginning September 1, 2009, to the Texas |
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51 | 51 | | Commission on the Arts. |
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52 | 52 | | SECTION 5. This Act takes effect immediately if it receives |
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53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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56 | 56 | | Act takes effect September 1, 2009. |
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57 | 57 | | ______________________________ ______________________________ |
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58 | 58 | | President of the Senate Speaker of the House |
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59 | 59 | | I certify that H.B. No. 2242 was passed by the House on May 8, |
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60 | 60 | | 2009, by the following vote: Yeas 132, Nays 0, 1 present, not |
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61 | 61 | | voting. |
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62 | 62 | | ______________________________ |
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63 | 63 | | Chief Clerk of the House |
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64 | 64 | | I certify that H.B. No. 2242 was passed by the Senate on May |
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65 | 65 | | 26, 2009, by the following vote: Yeas 31, Nays 0. |
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66 | 66 | | ______________________________ |
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67 | 67 | | Secretary of the Senate |
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68 | 68 | | APPROVED: _____________________ |
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69 | 69 | | Date |
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70 | 70 | | _____________________ |
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71 | 71 | | Governor |
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