SB2036 - Relating to the authority and responsibilities of the Texas Historical Commission; authorizing fees.

  89R9434 GP-F     By: Kolkhorst S.B. No. 2036       A BILL TO BE ENTITLED   AN ACT   relating to the authority and responsibilities of the Texas   Historical Commission; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 442, Government Code, is   amended by adding Section 442.0046 to read as follows:           Sec.   442.0046.     AUTHORITY OF EXECUTIVE DIRECTOR TO ENTER   CERTAIN CONTRACTS.   (a)   The executive director may negotiate with   and award a contract for goods or services to any qualified vendor   if the executive director:                 (1)     solicits bids for the goods or services through a   competitive process in compliance with all applicable laws,   including Chapters 2155, 2254, and 2269, that fails to result in   competitive responsive bids;                 (2)     makes a written determination that resoliciting   bids for the goods or services would:                       (A)  be unlikely to result in responsive bids;                       (B)  increase costs to the commission; or                       (C)     delay the ability of the commission to   address a critical need; and                 (3)     determines that the vendor meets the requirements   of the original solicitation.           (b)     To the extent practicable, the executive director may   combine the procurement of multiple goods or services into a single   competitively bid contract to enhance the contract's attraction for   potential vendors.          SECTION 2.  Section 442.005(p), Government Code, is amended   to read as follows:          (p)  The commission may accept a gift, grant, devise, or   bequest of money, securities, services, or property to carry out   any purpose of this chapter, including funds raised or services   provided by a volunteer or volunteer group to promote the work of   the commission. The commission shall [ may ] participate in the   establishment and operation of the  [ an ] affiliated nonprofit   organization described by Subchapter A-1  whose purpose is to raise   funds for or provide services or other benefits to the commission.          SECTION 3.  Subchapter A, Chapter 442, Government Code, is   amended by adding Section 442.034 to read as follows:           Sec.   442.034.     PRESERVATION, MAINTENANCE, AND REPAIR OF   CERTAIN HISTORICAL MARKERS.   (a)   In this section:                 (1)     "Civil War centennial marker" means a marker   installed as part of the celebration of the centennial of the Civil   War.                 (2)     "Institution of higher education" and "university   system" have the meanings assigned by Section 61.003, Education   Code.                 (3)     "Marker" means a marker, monument, or other   memorial installed on public or private property to commemorate an   area, event, or person that is engraved with text or to which a   plaque with text is attached.                 (4)     "Republic of Texas centennial marker" means a   marker installed as part of the celebration of the centennial of the   Republic of Texas.           (b)     This section applies only to a Civil War centennial   marker or a Republic of Texas centennial marker that was installed   by or at the direction of:                 (1)  the former Centennial Commission;                 (2)  the former Texas Civil War Centennial Commission;                 (3)     the commission or a predecessor of the commission;   or                 (4)  the Republic of Texas.           (c)     A Civil War centennial marker or a Republic of Texas   centennial marker is state property, regardless of whether the   marker is located on public or private property.           (d)     The commission has jurisdiction over and is responsible   for the preservation, maintenance, and repair of Civil War   centennial markers and Republic of Texas centennial markers.           (e)     This section may not be construed as transferring   ownership or control of, or the responsibility to preserve,   maintain, or repair, a museum, exhibition building, or other   building that is:                 (1)     associated with or located near a Civil War   centennial marker or a Republic of Texas centennial marker; and                 (2)     owned or operated by a private entity,   municipality, county, or institution of higher education or   university system.          SECTION 4.  Chapter 442, Government Code, is amended by   adding Subchapter A-1 to read as follows:   SUBCHAPTER A-1.   FRIENDS OF TEXAS HISTORICAL COMMISSION           Sec.   442.041.     DEFINITION. In this subchapter,   "organization" means the Friends of the Texas Historical   Commission.           Sec.   442.042.     PURPOSE.   (a) The organization is the   affiliated nonprofit organization formed under Section 442.005(p).           (b)     The commission shall designate the organization as the   entity responsible for providing:                 (1)  services and other benefits to the commission; and                 (2)     financial support as requested by the commission   and approved by the organization's board.           Sec.   442.043.     RULES; GUIDELINES. (a)   The commission shall   adopt rules:                 (1)     establishing guidelines under which the   organization may solicit and accept sponsorships or donations from   private entities in connection with commission activities;                 (2)     establishing best practices under which the   organization may engage in business activities described by this   subchapter, including procurement guidelines for the use of state   money; and                 (3)     governing the relationship between the commission   and the organization that, at a minimum:                       (A)     define the extent to which commission   employees with regulatory responsibilities, including the   executive director, may participate in activities that raise funds   for the organization, which may not include the direct solicitation   of funds; and                       (B)     define the relationship between commission   employees and the organization.           (b)     The commission shall establish guidelines for   identifying and defining the administrative and financial support   the commission may provide for the organization.           Sec.   442.044.     AGREEMENTS. The organization and the   commission may enter into an agreement for the following purposes:                 (1)     expanding, renovating, or improving historic   sites or facilities, including through construction;                 (2)     maintaining, preserving, restoring, and   protecting historical markers, monuments, and historic sites;                 (3)  promoting and conducting archeological studies;                 (4)     designing and fabricating exhibits and   preserving, storing, and displaying artifacts, historical data,   items of historical significance, and other items;                 (5)  creating interpretive and educational programs;                 (6)     acquiring additional artifacts, historical and   marketing data, real estate, and items of historical significance   relevant to state history, settlement, and culture and state   historic sites; and                 (7)     supporting programming or providing financial   support for projects of the commission.           Sec.   442.045.     COLLECTION AND USE OF CERTAIN FEE AND REVENUE   RECEIPTS. (a)   An agreement described by Section 442.044 may   authorize the organization to:                 (1)     charge and collect fees in connection with the   organization's activities, including fees for viewing special   exhibits or films, attending programs or events, and using   commission facilities or other facilities; and                 (2)     collect revenue from gift shop and concession   sales.           (b)     The organization shall hold, invest, manage, use, and   apply money received from the fees and sales described by   Subsection (a) only for the benefit of the commission and may   exercise discretion, subject to the terms of an agreement described   by Section 442.044, regarding business operations, exhibits,   programming, management, preservation, restoration, and site   development.           Sec.   442.046.     OWNERSHIP AND ACQUISITION OF PROPERTY. The   organization:                 (1)     retains ownership of property held in the name of   the organization; and                 (2)     may acquire items by gift, grant, or purchase   using the organization's money.           Sec.   442.047.     DISPOSITION OF ORGANIZATION ASSETS ON   DISSOLUTION. (a)   In the event of the organization's dissolution,   the commission is the sole beneficiary of all items held in the   organization's name that relate to the commission, except as   otherwise provided by the organization's articles of incorporation   or the terms of the gift or other transfer of the items to the   organization.           (b)     An item for which the commission is not the sole   beneficiary must be clearly identified and described on an agreed   list prepared jointly by the commission and the organization.           Sec.   442.048.     CONFIDENTIALITY OF CERTAIN INFORMATION.   The   name, address, and other identifying information of a person who   makes a donation, including a gift, grant, or other financial   contribution, to the organization is confidential and excepted from   disclosure under Chapter 552.          SECTION 5.  Section 442.072(a), Government Code, is amended   to read as follows:          (a)  The following historic sites in this state are under the   commission's jurisdiction:                (1)  Acton State Historic Site;                (2)   Barrington Living History Farm State Historic   Site;                 (3) &#xA0 [Text truncated for display. Full text available on LegiScan.]