Texas 2017 - 85th Regular

Texas Senate Bill SB2005 Compare Versions

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1+85R6971 MCK-F
12 By: Watson S.B. No. 2005
2- (In the Senate - Filed March 10, 2017; March 27, 2017, read
3- first time and referred to Committee on Business & Commerce;
4- May 5, 2017, reported adversely, with favorable Committee
5- Substitute by the following vote: Yeas 8, Nays 0; May 5, 2017,
6- sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR S.B. No. 2005 By: Creighton
93
104
115 A BILL TO BE ENTITLED
126 AN ACT
137 relating to the transfer of jurisdiction over and management of the
148 property known as the French Legation to the Texas Historical
159 Commission and to certain historic sites under the commission's
1610 jurisdiction.
1711 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1812 SECTION 1. Section 442.072(a), Government Code, is amended
1913 to read as follows:
2014 (a) The following historic sites and parks [formerly under
2115 the jurisdiction of the Parks and Wildlife Department] are under
2216 the commission's jurisdiction:
2317 (1) Acton State Historic Site;
2418 (2) Caddoan Mounds State Historic Site;
2519 (3) Casa Navarro State Historic Site;
2620 (4) Confederate Reunion Grounds State Historic Site;
2721 (5) Eisenhower Birthplace State Historic Site;
2822 (6) Fannin Battleground State Historic Site;
2923 (7) Fort Griffin State Historic Site;
3024 (8) Fort Lancaster State Historic Site;
3125 (9) Fort McKavett State Historic Site;
3226 (10) Fulton Mansion State Historic Site;
3327 (11) Landmark Inn State Historic Site;
3428 (12) Levi Jordan State Historic Site;
3529 (13) Magoffin Home State Historic Site;
3630 (14) Sabine Pass Battleground State Historic Site;
3731 (15) Sam Bell Maxey House State Historic Site;
3832 (16) San Felipe State Historic Site;
3933 (17) Starr Family Home State Historic Site;
4034 (18) Varner-Hogg Plantation State Historic Site;
4135 (19) Sam Rayburn House State Historic Site;
4236 (20) National Museum of the Pacific War;
4337 (21) the property known as the French Legation; and
4438 (22) Mission Dolores State Historic Site.
4539 SECTION 2. Section 2165.257, Government Code, is
4640 transferred to Subchapter C, Chapter 442, Government Code,
4741 redesignated as Section 442.076, Government Code, and amended to
4842 read as follows:
49- Sec. 442.076 [2165.257]. FRENCH LEGATION [EMBASSY].
50- (a) The commission is responsible for:
43+ Sec. 442.076 [2165.257]. FRENCH LEGATION [EMBASSY]. (a)
44+ The commission is responsible for:
5145 (1) the preservation, maintenance, and restoration of
5246 the [The] property known as the French Legation and its contents;
5347 and
5448 (2) the protection of the historical and architectural
5549 integrity of the exterior, interior, and grounds of the French
5650 Legation [Embassy is for the use and purposes of the Daughters of
5751 the Republic of Texas. They may take full charge of the building
5852 and use it as they consider proper].
5953 (b) Any power or duty related to the French Legation
6054 formerly vested in another state agency or entity is vested solely
61- in the commission [The French Embassy is the property of the state,
62- and title to the property remains in the commission's custody].
63- (c) The commission may solicit and accept gifts, donations,
64- and grants of money or property from any public or private source to
65- be used for the purposes of this section.
66- (d) In carrying out the commission's responsibilities under
67- this section during the state fiscal biennium ending August 31,
68- 2019, the commission may use only money or property received as a
69- gift, donation, or grant from a public or private source. This
70- subsection expires September 1, 2019.
71- SECTION 3. Subchapter C, Chapter 442, Government Code, is
72- amended by adding Section 442.077 to read as follows:
73- Sec. 442.077. AGREEMENT RELATING TO FRENCH LEGATION. The
74- commission may enter into an agreement with the Daughters of the
75- Republic of Texas regarding the management, staffing, operation,
76- and financial support of the property known as the French Legation.
77- SECTION 4. The heading to Section 2203.003, Government
55+ in the commission. [The French Embassy is the property of the
56+ state, and title to the property remains in the commission's
57+ custody.]
58+ SECTION 3. The heading to Section 2203.003, Government
7859 Code, is amended to read as follows:
79- Sec. 2203.003. STATE PROPERTY UNDER CONTROL OF THE TEXAS
80- DIVISION UNITED DAUGHTERS OF THE CONFEDERACY[, TEXAS DIVISION, AND
81- THE DAUGHTERS OF THE REPUBLIC OF TEXAS].
82- SECTION 5. Section 2203.003(a), Government Code, is amended
60+ Sec. 2203.003. STATE PROPERTY UNDER CONTROL OF THE
61+ DAUGHTERS OF THE CONFEDERACY AND[,] TEXAS DIVISION[, AND THE
62+ DAUGHTERS OF THE REPUBLIC OF TEXAS].
63+ SECTION 4. Section 2203.003(a), Government Code, is amended
8364 to read as follows:
84- (a) The Texas Division United Daughters of the
85- Confederacy[, Texas Division, and the Daughters of the Republic of
86- Texas each] may charge admission to state property over which the
87- [each] organization has custody or control.
88- SECTION 6. (a) On September 1, 2017, or as soon as
65+ (a) The Daughters of the Confederacy and[,] Texas
66+ Division[, and the Daughters of the Republic of Texas] each may
67+ charge admission to state property over which each organization has
68+ custody or control.
69+ SECTION 5. (a) On September 1, 2017, or as soon as
8970 practicable after that date, the Daughters of the Republic of Texas
9071 with assistance from the Texas Facilities Commission shall take a
9172 complete inventory of all personal property and fixtures located at
9273 the property known as the French Legation. The inventory must
9374 identify the origin of each item and its current owner as agreed to
9475 between the Daughters of the Republic of Texas and the Texas
95- Facilities Commission. The Daughters of the Republic of Texas
96- shall be allowed a reasonable time after completion of the
97- inventory to remove any personal property and fixtures owned by the
76+ Facilities Commission. The Daughters of the Republic of Texas shall
77+ be allowed a reasonable time after completion of the inventory to
78+ remove any personal property and fixtures owned by the
9879 organization.
9980 (b) Any dispute regarding the ownership of personal
10081 property and fixtures located at the French Legation shall be
10182 resolved through alternative dispute resolution as provided by
10283 Chapter 2009, Government Code.
10384 (c) The Daughters of the Republic of Texas may transfer any
10485 property of the organization described by this section to the Texas
10586 Historical Commission.
106- SECTION 7. On September 1, 2017, the following are
87+ SECTION 6. On September 1, 2017, the following are
10788 transferred to the Texas Historical Commission:
10889 (1) all powers and duties of the Daughters of the
10990 Republic of Texas relating to the property known as the French
11091 Legation;
11192 (2) all state-owned assets in the possession of the
11293 Daughters of the Republic of Texas relating to the French Legation;
11394 and
11495 (3) all files and other records of the Daughters of the
11596 Republic of Texas kept by the organization regarding the French
11697 Legation.
117- SECTION 8. On September 1, 2017, the following are
98+ SECTION 7. On September 1, 2017, the following are
11899 transferred to the Texas Historical Commission:
119100 (1) all powers and duties of the Texas Facilities
120101 Commission relating to the property known as the French Legation
121102 and its grounds;
122103 (2) all files and other records of the Texas
123104 Facilities Commission relating to the French Legation;
124105 (3) all contracts of the Texas Facilities Commission
125106 pertaining specifically to the French Legation and its grounds; and
126107 (4) all funds appropriated to the Texas Facilities
127108 Commission designated for the benefit of the French Legation.
128- SECTION 9. On September 1, 2017, the Daughters of the
109+ SECTION 8. On September 1, 2017, the Daughters of the
129110 Republic of Texas shall transfer any money held in trust by the
130111 organization under Section 2203.003, Government Code, as amended by
131112 this Act, in relation to the property known as the French Legation
132113 to the Texas Historical Commission to be held in trust by the
133114 commission for the purposes described by Section 442.076,
134115 Government Code, as redesignated and amended by this Act.
135- SECTION 10. This Act takes effect September 1, 2017.
136- * * * * *
116+ SECTION 9. This Act takes effect September 1, 2017.