S.B. No. 811
AN ACT
relating to authorizing the board of regents of the Texas Tech
University System to transfer the San Angelo Museum of Fine Arts to
a nonprofit organization to operate the museum.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 109A, Education Code, is amended by
adding Section 109A.005 to read as follows:
Sec. 109A.005. AUTHORITY TO TRANSFER SAN ANGELO MUSEUM OF
FINE ARTS. (a) In this section, "nonprofit organization" means an
organization exempt from federal income taxation under Section
501(a), Internal Revenue Code of 1986, as an organization described
by Section 501(c)(3) of that code.
(b) The board of regents may transfer title to the real
property and improvements of the San Angelo Museum of Fine Arts to a
nonprofit organization if:
(1) before transferring title, the board of regents
holds a public meeting at which the transfer is an agenda item and,
in addition to any other notice required, gives notice of the
meeting by publishing the subject matter, location, date, and time
of the meeting in a newspaper having general circulation in the city
of San Angelo;
(2) the board of regents determines that:
(A) the transfer will serve the interests of the
university and the public; and
(B) at the time of the transfer, the university
does not require the entirety of the real property or improvements
for educational purposes; and
(3) the nonprofit organization to which the transfer
is proposed to be made has demonstrated, to the satisfaction of the
board of regents, that the organization intends to continue to:
(A) use the real property and improvements for
public purposes, including educational purposes; and
(B) keep the museum open to the public on a
frequent and regular basis.
(c) To make a transfer under this section, the chairman of
the board of regents shall execute a deed transferring title to the
real property and improvements of the San Angelo Museum of Fine Arts
to the nonprofit organization. The deed must:
(1) cite the authorization by the board of regents to
make the transfer; and
(2) provide that title to the real property and
improvements reverts to the Texas Tech University System if the
nonprofit organization:
(A) discontinues using the real property or
improvements for public purposes as required by the deed; or
(B) executes a document that purports to convey
title.
SECTION 2. 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, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 811 passed the Senate on
April 2, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 811 passed the House on
May 5, 2009, by the following vote: Yeas 144, Nays 0, one present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor