Texas 2009 - 81st Regular

Texas House Bill HB2242 Compare Versions

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11 H.B. No. 2242
22
33
44 AN ACT
55 relating to the abolition of the Texas cultural endowment fund.
66 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
77 SECTION 1. Sections 444.025(a), (b), and (i), Government
88 Code, are amended to read as follows:
99 (a) The commission may accept on behalf of the state
1010 donations of money, property, and art objects as it determines best
1111 further the orderly development of the artistic resources of the
1212 state. Money [Except as provided by Subsection (b), money] paid to
1313 the commission under this chapter shall be deposited in the Texas
1414 Commission on the Arts operating [cultural endowment] fund.
1515 (b) The commission may solicit donations from an
1616 appropriate source. [A person may designate a donation as intended
1717 for the Texas cultural endowment fund or the Texas Commission on the
1818 Arts operating fund. If the person designates that a donation is
1919 intended for a specific fund, the donation shall be deposited in the
2020 designated fund.]
2121 (i) All money paid to the commission under this chapter[,
2222 other than money required to be deposited in the Texas cultural
2323 endowment fund,] is subject to Subchapter F, Chapter 404.
2424 SECTION 2. Section 444.032(c), Government Code, is amended
2525 to read as follows:
2626 (c) All proceeds from the sale of compact discs under the
2727 project shall be deposited in the Texas Commission on the Arts
2828 operating [cultural endowment] fund under Section 444.027
2929 [444.026].
3030 SECTION 3. Sections 444.026 and 444.028, Government Code,
3131 are repealed.
3232 SECTION 4. (a) Before December 1, 2009, the Texas
3333 Commission on the Arts, in consultation with interested
3434 stakeholders, shall review donor restrictions on donations to the
3535 Texas cultural endowment fund to determine if the donations may be
3636 transferred to the Texas Commission on the Arts operating fund.
3737 (b) On December 1, 2009:
3838 (1) the Texas cultural endowment fund is abolished;
3939 (2) the money, including any interest or income earned
4040 before December 1, 2009, in the Texas cultural endowment fund that
4141 is not subject to donor restrictions prohibiting the transfer is
4242 transferred to the Texas Commission on the Arts operating fund; and
4343 (3) the money, including any interest or income earned
4444 before December 1, 2009, in the Texas cultural endowment fund that
4545 is subject to donor restrictions prohibiting a transfer to the
4646 Texas Commission on the Arts operating fund is returned to the
4747 donor.
4848 (c) Money transferred under Subsection (b)(2) of this
4949 section may not be used to reduce or eliminate appropriations made
5050 for the fiscal biennium beginning September 1, 2009, to the Texas
5151 Commission on the Arts.
5252 SECTION 5. This Act takes effect immediately if it receives
5353 a vote of two-thirds of all the members elected to each house, as
5454 provided by Section 39, Article III, Texas Constitution. If this
5555 Act does not receive the vote necessary for immediate effect, this
5656 Act takes effect September 1, 2009.
5757 ______________________________ ______________________________
5858 President of the Senate Speaker of the House
5959 I certify that H.B. No. 2242 was passed by the House on May 8,
6060 2009, by the following vote: Yeas 132, Nays 0, 1 present, not
6161 voting.
6262 ______________________________
6363 Chief Clerk of the House
6464 I certify that H.B. No. 2242 was passed by the Senate on May
6565 26, 2009, by the following vote: Yeas 31, Nays 0.
6666 ______________________________
6767 Secretary of the Senate
6868 APPROVED: _____________________
6969 Date
7070 _____________________
7171 Governor