S.B. No. 1338
AN ACT
relating to the powers and duties of the State Preservation Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 443.0071, Government
Code, is amended to read as follows:
(a) A proposal to construct a building, monument, or other
improvement in the Capitol complex must be submitted to the board
for its review and comment at the earliest planning stages of any
such project [before contracts for the construction are executed].
SECTION 2. Subsection (a), Section 443.010, Government
Code, is amended to read as follows:
(a) The board and the employees of the board shall develop
plans and programs to solicit, and may solicit, gifts, money, and
items of value from private persons, foundations, or organizations.
Property provided by those entities and money donated to the board
become the property of the state and are under the control of the
board. The board shall use gifts of money made to the board for the
purpose specified by the grantor, if any. To the extent
practicable, the board shall use gifts of property made to the board
for the purpose specified by the grantor. The board may refuse a
gift if in the board's judgment the purpose specified by the grantor
conflicts with the goal of preserving the historic character of the
buildings under the board's control.
SECTION 3. Section 443.0103, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) The board may transfer money from the capital renewal
trust fund to any account of the Capitol fund, provided that money
transferred shall only be used for the purposes outlined in
Subsection (b).
SECTION 4. Subsection (a), Section 443.019, Government
Code, is amended to read as follows:
(a) The board may require and collect a standardized deposit
from a person or entity that uses the Capitol or the grounds of the
Capitol for an event, exhibit, or other scheduled activity. The
deposit is in an amount set by the board designed to recover the
estimated direct and indirect costs to the state of the event,
exhibit, or activity. The board shall set the amounts of deposits
required under this section in a uniform and nondiscriminatory
manner for similar events, exhibits, or other scheduled activities.
The board may deduct from the deposit:
(1) the cost of damage to the Capitol or grounds of the
Capitol that directly results from the event, exhibit, or other
activity;
(2) the costs of [extra] labor, materials, and
utilities directly or indirectly attributable to the event,
exhibit, or other activity; and
(3) the costs of [extra] security requested by the
person or entity for the event, exhibit, or other activity.
SECTION 5. Chapter 443, Government Code, is amended by
adding Section 443.030 to read as follows:
Sec. 443.030. SUPPORT ORGANIZATIONS. The board may
establish, maintain, and participate in the operation of one or
more organizations of persons whose purpose is to raise funds for or
provide services or other benefits to the board. Such an
organization may be incorporated as a Texas nonprofit corporation.
SECTION 6. Subsection (e), Section 443.0101, Government
Code, is repealed.
SECTION 7. 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, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1338 passed the Senate on
April 14, 2011, by the following vote: Yeas 31, Nays 0;
May 24, 2011, Senate refused to concur in House amendment and
requested appointment of Conference Committee; May 25, 2011, House
granted request of the Senate; May 28, 2011, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1338 passed the House, with
amendment, on May 17, 2011, by the following vote: Yeas 144,
Nays 1, one present not voting; May 25, 2011, House granted request
of the Senate for appointment of Conference Committee;
May 28, 2011, House adopted Conference Committee Report by the
following vote: Yeas 147, Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor