Texas 2009 - 81st Regular

Texas Senate Bill SB811 Compare Versions

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1	1	S.B. No. 811
2	2
3	3
4	4	AN ACT
5	5	relating to authorizing the board of regents of the Texas Tech
6	6	University System to transfer the San Angelo Museum of Fine Arts to
7	7	a nonprofit organization to operate the museum.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 109A, Education Code, is amended by
10	10	adding Section 109A.005 to read as follows:
11	11	Sec. 109A.005. AUTHORITY TO TRANSFER SAN ANGELO MUSEUM OF
12	12	FINE ARTS. (a) In this section, "nonprofit organization" means an
13	13	organization exempt from federal income taxation under Section
14	14	501(a), Internal Revenue Code of 1986, as an organization described
15	15	by Section 501(c)(3) of that code.
16	16	(b) The board of regents may transfer title to the real
17	17	property and improvements of the San Angelo Museum of Fine Arts to a
18	18	nonprofit organization if:
19	19	(1) before transferring title, the board of regents
20	20	holds a public meeting at which the transfer is an agenda item and,
21	21	in addition to any other notice required, gives notice of the
22	22	meeting by publishing the subject matter, location, date, and time
23	23	of the meeting in a newspaper having general circulation in the city
24	24	of San Angelo;
25	25	(2) the board of regents determines that:
26	26	(A) the transfer will serve the interests of the
27	27	university and the public; and
28	28	(B) at the time of the transfer, the university
29	29	does not require the entirety of the real property or improvements
30	30	for educational purposes; and
31	31	(3) the nonprofit organization to which the transfer
32	32	is proposed to be made has demonstrated, to the satisfaction of the
33	33	board of regents, that the organization intends to continue to:
34	34	(A) use the real property and improvements for
35	35	public purposes, including educational purposes; and
36	36	(B) keep the museum open to the public on a
37	37	frequent and regular basis.
38	38	(c) To make a transfer under this section, the chairman of
39	39	the board of regents shall execute a deed transferring title to the
40	40	real property and improvements of the San Angelo Museum of Fine Arts
41	41	to the nonprofit organization. The deed must:
42	42	(1) cite the authorization by the board of regents to
43	43	make the transfer; and
44	44	(2) provide that title to the real property and
45	45	improvements reverts to the Texas Tech University System if the
46	46	nonprofit organization:
47	47	(A) discontinues using the real property or
48	48	improvements for public purposes as required by the deed; or
49	49	(B) executes a document that purports to convey
50	50	title.
51	51	SECTION 2. This Act takes effect immediately if it receives
52	52	a vote of two-thirds of all the members elected to each house, as
53	53	provided by Section 39, Article III, Texas Constitution. If this
54	54	Act does not receive the vote necessary for immediate effect, this
55	55	Act takes effect September 1, 2009.
56	56	______________________________ ______________________________
57	57	President of the Senate Speaker of the House
58	58	I hereby certify that S.B. No. 811 passed the Senate on
59	59	April 2, 2009, by the following vote: Yeas 31, Nays 0.
60	60	______________________________
61	61	Secretary of the Senate
62	62	I hereby certify that S.B. No. 811 passed the House on
63	63	May 5, 2009, by the following vote: Yeas 144, Nays 0, one present
64	64	not voting.
65	65	______________________________
66	66	Chief Clerk of the House
67	67	Approved:
68	68	______________________________
69	69	Date
70	70	______________________________
71	71	Governor