Texas 2017 - 85th Regular

Texas Senate Bill SB1147 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Watson, et al. S.B. No. 1147
2		-	(~~Geren~~)
	2	+	(Frullo)
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to the establishment of the Texas State Music Museum and
8	8		Texas Music Foundation; authorizing fees.
9	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10		SECTION 1. Subtitle D, Title 4, Government Code, is amended
11	11		by adding Chapter 446 to read as follows:
12	12		CHAPTER 446. TEXAS STATE MUSIC MUSEUM AND TEXAS MUSIC FOUNDATION
13	13		Sec. 446.001. DEFINITIONS. In this chapter:
14	14		(1) "Board" means the State Preservation Board.
15	15		(2) "Capitol Complex" has the meaning assigned by
16	16		Section 443.0071.
17	17		(3) "Foundation" means the Texas Music Foundation.
18	18		(4) "Museum" means the Texas State Music Museum.
19	19		(5) "Presiding officer" means the presiding officer of
20	20		the foundation.
21	21		Sec. 446.002. ESTABLISHMENT OF MUSEUM. (a) The Texas
22	22		State Music Museum is established to:
23	23		(1) educate and engage visitors in the rich and varied
24	24		heritage of the music of this state;
25	25		(2) display objects and information relating to the
26	26		heritage described by Subdivision (1); and
27	27		(3) honor musical artists and other persons who have
28	28		contributed to the heritage described by Subdivision (1).
29	29		(b) The museum shall provide exhibits, concerts, programs,
30	30		and activities that support the musical education of the people of
31	31		this state, including students.
32	32		(c) The cost of operating the museum shall be paid from
33	33		revenue generated or collected by the museum and the foundation.
34	34		Sec. 446.003. ESTABLISHMENT OF FOUNDATION. The board shall
35	35		establish and maintain the Texas Music Foundation as a Texas
36	36		nonprofit corporation, exempt from federal income taxation under
37	37		Section 501(a), Internal Revenue Code of 1986, as an organization
38	38		described by Section 501(c)(3) of that code. The foundation is a
39	39		nonpolitical legal entity dedicated solely to supporting the
40	40		mission and goals of the museum.
41	41		Sec. 446.004. FOUNDATION DIRECTORS. (a) The foundation is
42	42		governed by 13 directors, appointed by the governor, as chairman of
43	43		the board, in consultation with the other board members.
44	44		(b) The executive director of the board and a person
45	45		designated by the governor's office serve as ex officio directors
46	46		of the foundation, without voting privileges.
47	47		(c) Each director serves at the will of the governor.
48	48		(d) The governor shall designate a director to serve as the
49	49		presiding officer of the foundation.
50	50		(e) A director serves without compensation but is entitled
51	51		to reimbursement for reasonable and necessary expenses incurred in
52	52		the performance of duties as director.
53	53		(f) A person who is required to register as a lobbyist under
54	54		Chapter 305 may not serve as a director.
55	55		Sec. 446.005. BOARD OVERSIGHT AND DESIGNATION OF MUSEUM
56	56		SPACE. (a) The museum is under the jurisdiction of the board.
57	57		(b) The board, with the assistance of the Texas Facilities
58	58		Commission, shall designate sufficient space in a building in the
59	59		Capitol Complex to house the museum. The building is not subject to
60	60		Section 2165.005.
61	61		Sec. 446.006. AGREEMENT BETWEEN BOARD AND FOUNDATION. The
62	62		board shall enter into an agreement with the foundation for the
63	63		management, operation, and financial support of the museum. The
64	64		agreement must:
65	65		(1) detail the expectations and goals of the board and
66	66		the foundation;
67	67		(2) outline the management and operation of the
68	68		museum;
69	69		(3) establish management standards;
70	70		(4) provide for oversight by the board;
71	71		(5) address funding and payment of costs;
72	72		(6) address equipment needed for the museum;
73	73		(7) establish insurance coverage requirements;
74	74		(8) address construction, maintenance, and repair of
75	75		the museum;
76	76		(9) establish the term of the agreement;
77	77		(10) require submission of financial information from
78	78		the foundation to the board;
79	79		(11) establish the foundation as a trustee of the
80	80		museum for the benefit of this state;
81	81		(12) address ownership by this state of the museum and
82	82		museum contents;
83	83		(13) include a dispute resolution process;
84	84		(14) provide that the laws of this state govern the
85	85		agreement;
86	86		(15) include notice requirements;
87	87		(16) establish a conflict of interest policy for
88	88		foundation officers, directors, and employees;
89	89		(17) establish a budget for the operation of the
90	90		foundation; and
91	91		(18) allow the board to provide personnel and office
92	92		support to the foundation.
93	93		Sec. 446.007. FOUNDATION PERSONNEL. (a) The foundation
94	94		shall employ personnel necessary to operate the museum.
95	95		(b) A foundation employee is not a state employee. The
96	96		foundation may set the salaries of foundation employees, subject to
97	97		board oversight.
98	98		Sec. 446.008. FOUNDATION POWERS AND DUTIES. (a) The
99	99		foundation shall manage and operate the museum.
100	100		(b) Any authority granted to the museum may be exercised by
101	101		the foundation, except as otherwise directed by the board.
102	102		(c) The foundation shall raise money to finance and support
103	103		the museum.
104	104		(d) With the approval of the board, the foundation may
105	105		conduct concerts, programs, and fund-raising activities in the
106	106		Capitol Complex outside the fence line of the Capitol grounds.
107	107		Sec. 446.009. FUNDING AND FEES. (a) The foundation may
108	108		solicit and accept gifts, grants, sponsorships, and donations from
109	109		individuals and public or private foundations and organizations to
110	110		further the foundation's mission, including a gift, grant,
111	111		sponsorship, or donation made in the name of the museum.
112	112		(b) Money raised by the foundation may be used to acquire
113	113		personal property for or engage in construction activities related
114	114		to the museum.
115	115		(c) The foundation may set and collect fees in amounts
116	116		necessary to provide for the operation of the museum, including
117	117		fees for:
118	118		(1) admission to exhibits, theaters, concerts,
119	119		programs, and activities;
120	120		(2) parking and transportation; and
121	121		(3) facility rental.
122	122		(d) The foundation may sell at the museum items manufactured
123	123		or publications printed under contract with the museum.
124	124		(e) The foundation may establish a museum membership
125	125		program.
126	126		Sec. 446.010. TEXAS STATE MUSIC MUSEUM FUND. (a) Money
127	127		and securities received by the foundation and museum shall be held
128	128		in trust outside the state treasury by the comptroller in a special
129	129		fund to be known as the Texas State Music Museum fund.
130	130		(b) The foundation may spend money in the Texas State Music
131	131		Museum fund for any lawful purpose connected with the museum.
132	132		(c) Subtitle D, Title 10, does not apply to a purchase or
133	133		lease made with money from the fund.
134	134		Sec. 446.011. FACILITIES. (a) The foundation may operate
135	135		in the museum:
136	136		(1) a theater or other venue for hosting a musical
137	137		concert or performance;
138	138		(2) a gift shop;
139	139		(3) unmanned teller machines;
140	140		(4) food services; and
141	141		(5) other services and facilities convenient or
142	142		necessary for visitors to the museum.
143	143		(b) Chapter 355, Labor Code, does not apply to vending
144	144		facilities operated by or approved for operation in the museum.
145	145		Sec. 446.012. NAMING OF MUSEUM AREAS. With the approval of
146	146		the board, the foundation may name areas in the museum, including
147	147		rooms and exhibition halls, in honor of donors or benefactors, or
148	148		other persons who have contributed to the musical heritage of this
149	149		state.
150	150		Sec. 446.013. INTELLECTUAL PROPERTY RIGHTS. The foundation
151	151		may secure museum-related intellectual property rights for this
152	152		state.
153	153		Sec. 446.014. AUDIT. The museum is subject to audit by the
154	154		state auditor as provided by Chapter 321.
155	155		Sec. 446.015. PARKING AND TRANSPORTATION. The foundation
156	156		may provide at the museum parking for visitors and, in cooperation
157	157		with other public and private authorities, may participate in
158	158		providing transportation for visitors between other musical and
159	159		cultural sites.
160	160		Sec. 446.016. PRIVATE EVENTS. The foundation may rent all
161	161		or part of the museum's facilities for private events and provide
162	162		for the sale, gift, possession, and consumption of alcoholic
163	163		beverages at a private event held in the facilities.
164	164		Sec. 446.017. MARKETING AND PUBLIC RELATIONS. The
165	165		foundation may engage in marketing and public relations to
166	166		publicize the museum and the museum's mission.
167	167		Sec. 446.018. INSURANCE. The foundation may purchase
168	168		insurance policies to insure the museum's contents and other
169	169		personal property against any insurable risk, including insurance
170	170		covering historical artifacts, art, or other items on loan to the
171	171		museum.
172	172		Sec. 446.019. CONTRACTS. The foundation may contract with
173	173		public or private entities to the extent necessary or convenient
174	174		for the operation of the museum's exhibits, concerts, programs,
175	175		activities, and facilities, including contracts for the
176	176		acquisition by purchase or loan of items for exhibition.
177	177		Sec. 446.020. AGREEMENT FOR UTILITIES AND OTHER SERVICES.
178	178		The foundation may enter into an agreement with the Texas
179	179		Facilities Commission to reimburse the commission for the costs of
180	180		providing utilities and other necessary services for the museum.
181	181		Sec. 446.021. ANNUAL REPORT. Not later than the 60th day
182	182		after the last day of each state fiscal year, the foundation shall
183	183		submit to the board an electronic report itemizing all income and
184	184		expenditures of the foundation and describing all activities of the
185	185		foundation and museum during the preceding state fiscal year.
186	186		Sec. 446.022. OPEN MEETINGS AND PUBLIC INFORMATION
187	187		EXEMPTION. The foundation is not subject to Chapter 551 or 552.
188	188		Sec. 446.023. TAX EXEMPTION; FILING REQUIREMENT. (a) All
189	189		income, property, and other assets of the foundation are exempt
190	190		from taxation by this state and political subdivisions of this
191	191		state.
192	192		(b) The foundation shall comply with all filing
193	193		requirements of the secretary of state and the Internal Revenue
194	194		Service.
195	195		Sec. 446.024. PROHIBITED ACTIVITIES. The foundation may
196	196		not:
197	197		(1) donate funds to a political campaign or endorse a
198	198		political candidate;
199	199		(2) lobby or otherwise attempt to influence a member
200	200		of the legislature; or
201	201		(3) directly or indirectly attempt to influence
202	202		legislation.
203	203		SECTION 2. As soon as practicable after the effective date
204	204		of this Act:
205	205		(1) the State Preservation Board shall establish the
206	206		Texas Music Foundation under Chapter 446, Government Code, as added
207	207		by this Act; and
208	208		(2) the governor shall appoint directors to the Texas
209	209		Music Foundation as provided by Section 446.004, Government Code,
210	210		as added by this Act.
211	211		SECTION 3. This Act takes effect immediately if it receives
212	212		a vote of two-thirds of all the members elected to each house, as
213	213		provided by Section 39, Article III, Texas Constitution. If this
214	214		Act does not receive the vote necessary for immediate effect, this
215	215		Act takes effect September 1, 2017.