There is a newer version of the Texas Statutes
2005 Texas Government Code CHAPTER 443. STATE PRESERVATION BOARD
GOVERNMENT CODE CHAPTER 443. STATE PRESERVATION BOARD § 443.001. BOARD. The State Preservation Board is an agency of the state. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. § 443.002. SUNSET PROVISION. The State Preservation Board is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2011. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 2.14, eff. Nov. 12, 1991; Acts 1995, 74th Leg., ch. 848, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1367, § 1, eff. Sept. 1, 1997; Acts 2005, 79th Leg., ch. 1227, § 3.04, eff. Sept. 1, 2005. § 443.003. MEMBERSHIP. (a) The board consists of the governor, lieutenant governor, speaker of the house of representatives, one senator appointed by the lieutenant governor, one representative appointed by the speaker of the house of representatives, and one member appointed by the governor. The board member appointed by the governor must be a representative of the general public. A person is not eligible for appointment as the public member of the board if the person or the person's spouse: (1) is employed by or participates in the management of a business entity or other organization receiving funds from the board; (2) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity receiving funds from the board; or (3) uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses. (b) The senator and representative appointed to the board serve two-year terms expiring on the date that the regular session of the legislature convenes. The governor's appointee serves a two-year term expiring February 1 of each odd-numbered year. (c) The board functions performed by the governor, lieutenant governor, speaker of the house of representatives, and appointed senator and representative are additional functions of their other public offices. (d) The governor's appointee is entitled to a per diem as set by the General Appropriations Act for each day the person engages in board business. (e) Repealed by Acts 1999, 76th Leg., ch. 149, § 16, eff. May 21, 1999. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 900, § 1, eff. Aug. 28, 1989; Acts 1995, 74th Leg., ch. 848, § 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1367, § 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 149, § 16, eff. May 21, 1999. § 443.0031. LOBBYING PROHIBITION. A person may not serve as the public member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the board. Added by Acts 1995, 74th Leg., ch. 848, § 3, eff. Sept. 1, 1995. § 443.0032. ANTIDISCRIMINATION POLICY FOR APPOINTMENTS TO BOARD. Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. Added by Acts 1995, 74th Leg., ch. 848, § 3, eff. Sept. 1, 1995. § 443.0033. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a ground for removal from the board if the public member: (1) violates a prohibition established by Section 443.0031; (2) cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed; or (3) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the board. (b) The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists. (c) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the governor of the potential ground. The governor shall then notify the attorney general that a potential ground for removal exists. Added by Acts 1995, 74th Leg., ch. 848, § 3, eff. Sept. 1, 1995. § 443.004. CHAIRMAN; MEETINGS. (a) The governor is chairman of the board. (b) The board shall meet at the call of the governor and as provided by board rules. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 900, § 2, eff. Aug. 28, 1989; Acts 1999, 76th Leg., ch. 149, § 1, eff. May 21, 1999. § 443.0041. APPLICATION OF OPEN MEETINGS AND ADMINISTRATIVE PROCEDURE LAWS. The board is subject to the open meetings law, Chapter 551, and the administrative procedure law, Chapter 2001. Added by Acts 1995, 74th Leg., ch. 848, § 4, eff. Sept. 1, 1995. § 443.0042. INFORMATION ON RESPONSIBILITIES OF BOARD MEMBERS AND EMPLOYEES. The executive director or the executive director's designee shall provide to members of the board and to board employees, as often as necessary, information regarding their responsibilities under applicable laws relating to standards of conduct for state officers or employees. Added by Acts 1995, 74th Leg., ch. 848, § 4, eff. Sept. 1, 1995. § 443.0043. SEPARATION OF POLICYMAKING AND MANAGEMENT RESPONSIBILITIES. The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the board. Added by Acts 1995, 74th Leg., ch. 848, § 4, eff. Sept. 1, 1995. § 443.0044. ACCESSIBILITY PLAN AND COMPLIANCE. The board shall comply with federal and state laws related to program and facility accessibility. The executive director shall also prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the board's programs and services. Added by Acts 1995, 74th Leg., ch. 848, § 4, eff. Sept. 1, 1995. § 443.0045. PUBLIC NOTIFICATION OF BOARD ACTIVITIES. (a) The board shall prepare information of public interest describing the functions of the board and the procedures by which complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate agencies. (b) The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board. The board may provide for that notification on brochures and other educational or informational publications distributed by the board. Added by Acts 1995, 74th Leg., ch. 848, § 4, eff. Sept. 1, 1995. § 443.0046. PUBLIC TESTIMONY AT BOARD MEETINGS. The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board. Added by Acts 1995, 74th Leg., ch. 848, § 4, eff. Sept. 1, 1995. § 443.0047. MAINTAINING INFORMATION ON COMPLAINTS FILED WITH BOARD. The board shall keep information about each complaint filed with the board. The information shall include: (1) the date the complaint is received; (2) the name of the complainant; (3) the subject matter of the complaint; (4) a record of all persons contacted in relation to the complaint; (5) a summary of the results of the review or investigation of the complaint; and (6) for complaints for which the board took no action, an explanation of the reason the complaint was closed without action. Added by Acts 1995, 74th Leg., ch. 848, § 4, eff. Sept. 1, 1995. § 443.0048. INFORMATION ON STATUS OF COMPLAINTS. The board shall keep a file about each written complaint filed with the board that the board has authority to resolve. The board shall provide to the person filing the complaint and the persons or entities complained about the board's policies and procedures pertaining to complaint investigation and resolution. The board, at least quarterly and until final disposition of the complaint, shall notify the person filing the complaint and the persons or entities complained about of the status of the complaint. Added by Acts 1995, 74th Leg., ch. 848, § 4, eff. Sept. 1, 1995. § 443.005. ARCHITECT OF THE CAPITOL. (a) The executive director may employ an architect of the Capitol who serves under the direction of the executive director. (b) The architect of the Capitol must: (1) have a bachelor's degree from an institution of higher education; (2) be registered to practice architecture in this state; and (3) have at least four years' experience in various aspects of architectural preservation, including historical research, preparation of plans and specifications, personnel management, policy development, and budget management. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 900, § 3, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 53, § 1, eff. May 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 10, § 1, eff. Aug. 29, 1991; Acts 1997, 75th Leg., ch. 1367, § 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 149, § 2, eff. May 21, 1999. § 443.0051. EXECUTIVE DIRECTOR. (a) The board may employ an executive director who serves under the sole direction of the board. (b) The executive director shall: (1) employ staff necessary to administer the functions of the office and contract for professional services of qualified consultants, including architectural historians, landscape architects with experience in landscape architectural preservation, conservators, historians, historic architects, engineers, and craftsmen; (2) direct and coordinate the activities of the architect of the Capitol, the curator of the Capitol, and other board employees; and (3) provide for the preparation of and recommend for board approval an annual budget and work plan consistent with the master plan for the Capitol and the furnishings plan of the Capitol for all work under this chapter, including usual maintenance for the buildings, their contents, and their grounds. (c) The executive director shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the board during the preceding fiscal year. The annual report must meet the reporting requirements applicable to financial reporting provided in the General Appropriations Act. Added by Acts 1991, 72nd Leg., ch. 53, § 2, eff. May 1, 1991. Amended by Acts 1995, 74th Leg., ch. 848, § 5, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 149, § 3, eff. May 21, 1999. § 443.0052. EQUAL EMPLOYMENT OPPORTUNITY. (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin. The policy statement must include: (1) personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with requirements of Chapter 21, Labor Code; (2) a comprehensive analysis of the board workforce that meets federal and state guidelines; (3) procedures by which a determination can be made about the extent of underuse in the board workforce of all persons for whom federal or state guidelines encourage a more equitable balance; and (4) reasonable methods to appropriately address those areas of underuse. (b) A policy statement prepared under Subsection (a) must cover an annual period, be updated annually and reviewed by the Commission on Human Rights for compliance with Subsection (a)(1), and be filed with the governor's office. (c) The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (b). The report may be made separately or as a part of other biennial reports made to the legislature. Added by Acts 1995, 74th Leg., ch. 848, § 6, eff. Sept. 1, 1995. § 443.0053. EMPLOYEE PERFORMANCE EVALUATIONS. The executive director or the executive director's designee shall develop a system of annual performance evaluations that are based on documented employee performance. All merit pay for board employees must be based on the system established under this section. Added by Acts 1995, 74th Leg., ch. 848, § 6, eff. Sept. 1, 1995. § 443.0054. COMPENSATORY TIME FOR EMPLOYEES EXEMPT FROM FLSA. For employees who are not subject to the overtime provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), as amended, the board shall allow compensatory time off in accordance with a schedule adopted by the board for hours worked in a week in which the combination of hours worked, paid leave, and holidays exceeds a total of 40 hours. Added by Acts 1999, 76th Leg., ch. 149, § 4, eff. May 21, 1999. § 443.006. CURATOR OF THE CAPITOL. (a) The executive director shall employ a curator of the Capitol. The curator of the Capitol must have at least a master's degree and four years' experience in historic collections administration with a specialization in the material culture of this state. (b) The curator of the Capitol shall: (1) assist in matters dealing with the preservation of historic materials; (2) develop and maintain a registration system and inventory of the contents of the Capitol and the General Land Office Building and their grounds; (3) develop a program to purchase or accept by donation, permanent loan, or outside funding items of historical significance that were at one time in the buildings and that are not owned by the state; (4) develop a program to locate and acquire state-owned items of historical significance that were at one time in the buildings; (5) develop a collections policy regarding the items of historic significance as identified in the registration system and inventory for the approval of the board; (6) make recommendations on conservation needs and make arrangements to contract for conservation services for objects of significance; (7) make recommendations for the transfer or loan of objects of significance as detailed in the approved collections policy; (8) develop for board approval a furnishings plan for the placement and care of objects under the care of the curator; and (9) make recommendations to transfer, sell, or otherwise dispose of unused surplus property that is not of significance as defined in the collections policy and by the registration system and inventory prepared by the curator, in the manner provided by Chapter 2175. (c) The curator shall develop the collections policy with the assistance of a review committee composed of five members whose qualifications, tenure, and duties are defined by the executive director. Chapter 2110 does not apply to the review committee. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 53, § 3, eff. May 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 10, § 2, eff. Aug. 29, 1991; Acts 1997, 75th Leg., ch. 165, § 17.19, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1367, § 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 149, § 5, eff. May 21, 1999; Acts 2001, 77th Leg., ch. 1462, § 1, eff. June 17, 2001. § 443.007. GENERAL POWERS AND DUTIES OF BOARD. (a) The board shall: (1) preserve, maintain, and restore the Capitol, the General Land Office Building, their contents, and their grounds; (2) define the buildings' grounds, except that the grounds may not include another state office building; (3) review and approve the executive director's annual budget and work plan, the long-range master plan for the buildings and their grounds, and the furnishings plan for placement and care of objects under the care of the curator; (4) approve all changes to the buildings and their grounds, including usual maintenance and any transfers or loans of objects under the curator of the Capitol's care; (5) define and identify all significant aspects of the buildings and their grounds; (6) define and identify, with the curator of the Capitol, all significant contents of the buildings and all state-owned items of historical significance that were at one time in the buildings; and (7) maintain records relating to the construction and development of the buildings, their contents, and their grounds, including documents such as plans, specifications, photographs, purchase orders, and other related documents, the original copies of which shall be maintained by the Texas State Library and Archives Commission. (b) The board may adopt rules concerning the buildings, their contents, and their grounds. The board may allocate specific duties and responsibilities to any other state agency, if the other agency agrees to perform the duty or accept the responsibility. (c) Any power or duty related to the buildings and formerly vested in the Texas Commission on the Arts, State Purchasing and General Services Commission, Antiquities Committee, Texas Historical Commission, Texas State Library and Archives Commission, or any other entity or state agency is vested solely in the board. (d) The board may purchase insurance policies to insure the buildings, the contents of the buildings, and any other personal property against any insurable risk, including insurance covering historical artifacts, art, or other items on loan to the board. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 900, § 4, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 53, § 4, eff. May 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 10, § 3, eff. Aug. 29, 1991; Acts 1993, 73rd Leg., ch. 612, § 1, eff. June 13, 1993; Acts 1999, 76th Leg., ch. 149, § 6, 7 eff. May 21, 1999. § 443.0071. REVIEW OF CONSTRUCTION IN CAPITOL COMPLEX. (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 before contracts for the construction are executed. (b) In this section, "Capitol complex" means the state-owned property within the area bounded on the north by Martin Luther King, Jr., Boulevard, bounded on the east by Trinity Street, bounded on the south by 10th Street, and bounded on the west by Lavaca Street. Added by Acts 1989, 71st Leg., ch. 900, § 5, eff. Aug. 28, 1989. § 443.0072. POWERS AND DUTIES RELATING TO OTHER BUILDINGS AND GROUNDS. In regard to any buildings, contents, or grounds over which the board has jurisdiction, the board has the same powers and duties it has in regard to the Capitol and the General Land Office Building, except as expressly limited by law. Added by Acts 1999, 76th Leg., ch. 149, § 8, eff. May 21, 1999. § 443.008. ADVISORY COMMITTEES. The board may appoint advisory committees to aid it in carrying out its duties. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 900, § 6, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 53, § 5, eff. May 1, 1991; Acts 1995, 74th Leg., ch. 109, § 14, eff. Aug. 30, 1995; Acts 1995, 74th Leg., ch. 876, § 22.02, eff. Sept. 1, 1995. § 443.0081. HISTORICAL REPRESENTATION ADVISORY COMMITTEE. (a) To ensure that the diverse history of Texas is accurately represented in the Capitol Complex, the historical representation advisory committee shall provide guidance to the board on the addition of monuments to the Capitol Complex. (b) The advisory committee consists of the following 12 members: (1) four members appointed by the governor; (2) four members appointed by the lieutenant governor; and (3) four members appointed by the speaker of the house of representatives. (c) In making appointments under this section, the governor, the lieutenant governor, and the speaker of the house of representatives shall attempt to include African American Texans, Hispanic American Texans, Native American Texans, female Texans, and Texans exemplifying rural heritage. (d) The governor shall designate the presiding officer of the committee from among the members of the committee. The presiding officer serves a term of two years. (e) A member of the advisory committee serves at the pleasure of the appointing officer and serves without compensation or reimbursement of expenses. (f) The advisory committee shall conduct meetings the committee considers necessary to provide guidance under this section. The board shall provide necessary administrative support to the advisory committee. (g) Subject to the approval of the board, the advisory committee shall develop its own bylaws under which it shall operate. (h) Chapter 2110 does not apply to the advisory committee. (i) The advisory committee is subject to the open meetings law, Chapter 551. (j) The advisory committee is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the advisory committee is abolished September 1, 2007. (k) The advisory committee shall: (1) collect information relating to each proposed monument to the Capitol Complex; and (2) in cooperation with the chair of the history department at Prairie View A&M University, at The University of Texas at Austin, or at any other land grant university in the state, as determined by the committee, ensure the: (A) historical accuracy of any proposed monument; and (B) equitable representation of all Texans, including African slaves, African Americans, Hispanic Americans, Native Americans, women in Texas history, and Texans exemplifying military service and rural heritage in additional monuments to the Capitol Complex. (l) In this section, "monument" has the meaning assigned by Section 443.015, as added by Chapter 1141, Acts of the 75th Legislature, Regular Session, 1997. Added by Acts 2001, 77th Leg., ch. 1315, § 2, eff. Sept. 1, 2001. § 443.009. OFFICES, RECORDS, AND DOCUMENTS IN THE CAPITOL. (a) The board and the employees of the board may not move the office of the governor, lieutenant governor, speaker of the house of representatives, or a member of the legislature from the Capitol unless the removal is approved by the governor in the case of the governor's office, the lieutenant governor in the case of the lieutenant governor's office, the speaker of the house of representatives in the case of the speaker's office, or the house of the legislature in which the member serves in the case of a legislative member's office. (b) The board and the employees of the board have no control over the furniture, furnishings, and decorative objects in the offices of the members of the legislature except as provided by Section 443.017 or as necessary to inventory or conserve items of historical significance owned by the state. (c) The board and the employees of the board have no control over records and documents produced by or in the custody of a state agency, official, or employee having an office in the Capitol. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 900, § 7, eff. Aug. 28, 1989; Acts 1991, 72nd Leg., ch. 53, § 6, eff. May 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 10, § 4, eff. Aug. 29, 1991; Acts 1993, 73rd Leg., ch. 107, § 4.02, eff. Aug. 30, 1993. § 443.010. DONATIONS. (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. (b) This section does not apply to temporary exhibits or property of a person having an office in the Capitol. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 10, § 5, eff. Aug. 29, 1991. § 443.0101. CAPITOL FUND. (a) Money and securities donated to the board shall be held in trust outside the treasury by the comptroller in a special fund to be known as the Capitol fund. The comptroller shall manage and invest the fund on behalf of the board as directed or agreed to by the board. (b) Interest, dividends, and other income of the fund shall be credited to the fund. The proceeds from the sale of unused surplus property under Section 443.006(b) shall be deposited in the fund. (c) The executive director shall submit to the board a detailed annual report on the fund. That report shall describe the status of the fund and shall list all donations to the fund, including the name of each donor, and all disbursements from the fund, including the purpose of each disbursement. (d) Repealed by Acts 2001, 77th Leg., ch. 1462, § 10, eff. June 17, 2001. (e) The net proceeds from pay station telephones in the Capitol or another building under the jurisdiction of the board shall be deposited to the credit of the Capitol fund. Added by Acts 1989, 71st Leg., ch. 900, § 8, eff. Aug. 28, 1989. Amended by Acts 1991, 72nd Leg., ch. 53, § 7, eff. May 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 10, § 6, eff. Aug. 29, 1991; Acts 1997, 75th Leg., ch. 1367, § 5, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1423, § 8.15, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 149, § 9, eff. May 21, 1999; Acts 2001, 77th Leg., ch. 1462, § 10, eff. June 17, 2001. § 443.0102. APPLICATION OF STATE FUNDS REFORM ACT. (a) Except as provided by Subsection (b), all money paid to the board under this chapter is subject to Subchapter F, Chapter 404. (b) The Capitol fund created by Section 443.0101 is not subject to Subchapter F, Chapter 404. A provision of this chapter or other law that provides for the deposit of money or another thing of value into the fund prevails over Subchapter F, Chapter 404. Added by Acts 1995, 74th Leg., ch. 848, § 7, eff. Sept. 1, 1995. § 443.0103. CAPITAL RENEWAL TRUST FUND. (a) The capital renewal trust fund is created as a trust fund outside the treasury with the comptroller and shall be administered by the board, as a trustee on behalf of the people of this state, to maintain and preserve the Capitol, the General Land Office Building, their contents, and their grounds. The fund consists of money transferred to the fund: (1) at the direction of the legislature; or (2) in accordance with this section. (b) Money in the fund may be used only for the purpose of maintaining and preserving the Capitol, the General Land Office Building, their contents, and their grounds. (c) The interest received from investment of money in the fund shall be credited to the fund. (d) The board may transfer money from any account of the Capitol fund to the capital renewal trust fund, other than money that was donated to the board, derived from a security or other thing of value donated to the board, or earned as interest or other income on a donation to the board, if the board determines that after the transfer there will be a sufficient amount of money in the applicable account of the Capitol fund to accomplish the purposes for which the account was created. Added by Acts 1999, 76th Leg., ch. 149, § 10, eff. May 21, 1999. Amended by Acts 2001, 77th Leg., ch. 549, § 1, eff. Aug. 31, 2001. § 443.011. RESPONSIBILITY FOR ITEMS. Furniture, furnishings, fixtures, works of art, and decorative objects for which the board has responsibility under this chapter are not part of the Texas State Library and are not subject to the custody or control of the Texas State Library and Archives Commission or any other agency. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. § 443.012. FIRE INSPECTION. The state fire marshal shall inspect the Capitol annually and when requested by the board and shall report the results of the inspection to the board. Acts 1987, 70th Leg., ch. 147, § 1, eff. Sept. 1, 1987. § 443.013. VENDING FACILITIES. (a) The board may approve one or more vending facilities in the Capitol and determine the location of facilities, including vending machines. A vending facility may not be operated in the Capitol without the approval of the board. (b) The board may charge a vendor a reasonable fee or a percentage of gross or net sales for the right to operate in the Capitol and may charge a royalty on items sold. Revenue received under this section shall be deposited in the Capitol fund. Revenue received from a food service vendor under this section shall be deposited to the credit of a separate account in the fund. Money in the account may be spent only for the purchase and maintenance of equipment, furnishings, and space related to food service in the Capitol. To the extent the balance in the account exceeds $300,000, the excess may be transferred with board approval to another account and may be spent for any purpose within the board's jurisdiction. (c) Chapter 94, Human Resources Code, does not apply to a vending facility approved or operated by the board under this section. (d) The board may establish, manage, and operate gift and souvenir shops in the Capitol and in the General Land Office Building. The board may deposit money it receives under this subsection to the credit of a separate account in the Capitol fund. Money in the account may be spent only for the benefit of the buildings and the contents and grounds of the buildings, educational programs related to the General Land Office Building and the historical portion of the Capitol, and the operation of the gift and souvenir shops and a Capitol Complex visitors center in the General Land Office Building. (e) The sale of alcoholic beverages in the Capitol and the General Land Office Building and on their grounds is prohibited. Added by Acts 1989, 71st Leg., ch. 900, § 9, eff. Aug. 28, 1989. Amended by Acts 1993, 73rd Leg., ch. 612, § 2, eff. June 13, 1993; Acts 1997, 75th Leg., ch. 1367, § 6, eff. Sept. 1, 1997. § 443.0131. RENTAL OF SPACE TO NEWS MEDIA. (a) The board may set and collect a fee from news media representatives for the rental of space in the Capitol. The fee shall be set in an amount designed to recover the board's costs in furnishing and maintaining the space. (b) The board shall deposit money received under this section to the credit of a separate account in the Capitol fund. (c) Money in the account may be spent only to maintain and furnish the space rented to news media representatives. To the extent the balance in the account exceeds $50,000, the excess may be transferred with board approval to another account and may be spent for any purpose within the board's jurisdiction. Added by Acts 1993, 73rd Leg., ch. 612, § 3, eff. June 13, 1993. Amended by Acts 1997, 75th Leg., ch. 1367, § 7, eff. Sept. 1, 1997. § 443.0132. FEE FOR USE OF GENERAL LAND OFFICE BUILDING. The board may set and collect a fee for public use of the building for special activities. The fee shall be set in an amount designed to pay for the maintenance and operation of a Capitol Complex visitors center in the building. The board shall deposit money received under this section to the credit of a separate account in the Capitol fund. Money in the account may be used only for the maintenance and operation of a Capitol Complex visitors center in the building. Added by Acts 1993, 73rd Leg., ch. 612, § 3, eff. June 13, 1993. § 443.0135. ALCOHOLIC BEVERAGES. (a) The following activities are prohibited in the Capitol, including the Capitol extension and on its grounds: (1) the sale of alcoholic beverages; (2) the gift of alcoholic beverages in open containers or for on-premises consumption; (3) the consumption of alcoholic beverages; and (4) the possession of an open container of an alcoholic beverage. (b) Subsections (a)(2), (3), and (4) are not applicable in the offices, reception areas, and other similar areas under the control of the legislature, a legislative agency, the governor, or another officer of the state. (c) Subsections (a)(2), (3), and (4) are not applicable to celebrations of events of significant importance to the history of the Capitol if consumption of alcoholic beverages at the event is approved by the board. (d) The board may adopt rules that permit the sale, gift, consumption, and possession of an open container of alcoholic beverages at celebrations of events of significant importance to the history of the Capitol and may determine the historical events that qualify as events of significant importance to the history of the Capitol. (e) The board shall submit a written report to the regular session of the legislature convening in the third year following the year in which the federal decennial census is taken regarding the relationship of the prohibitions established by this section and the preservation of buildings and other property on the Capitol grounds. Added by Acts 1993, 73rd Leg., ch. 612, § 4, eff. June 13, 1993. § 443.014. TEXANS AWARDED THE CONGRESSIONAL MEDAL OF HONOR. (a) The board shall include in its long-range master plan for the maintenance, preservation, restoration, and modification of the Capitol and the grounds of the Capitol the construction of a permanent exhibit or memorial honoring citizens of this state who have been awarded the Congressional Medal of Honor. (b) On the request of the board, the Texas State Library and Archives Commission, the Texas Historical Commission, and the Texas Veterans Commission shall assist the board in the planning of the exhibit or memorial, including its design, placement, and content. (c) The board shall create an advisory committee, consisting of any number of citizens of this state each of whom has been awarded the Congressional Medal of Honor, to advise the board regarding the exhibit or memorial. Added by Acts 1989, 71st Leg., ch. 884, § 1, eff. June 14, 1989. § 443.015. PARKING METERS. (a) The board may expend any available funds for the installation of parking meters in appropriate areas of the Capitol Complex for which parking and traffic control is under the jurisdiction of the Department of Public Safety. The board shall cooperate with the department in the installation of the meters. (b) The Department of Public Safety is responsible for the operation and maintenance of parking meters installed under this section and shall enforce parking violations related to metered spaces in accordance with Subchapter E, Chapter 411. The board may reimburse the department for the department's expenses in operating and maintaining the parking meters. (c) The board and department may not install, operate, or maintain parking meters that accept only quarters. (d) The revenue collected from meters installed under this section shall be deposited in the Capitol fund. (e) For purposes of this section, the Capitol Complex includes the William P. Clements State Office Building. Added by Acts 1997, 75th Leg., ch. 270, § 1, eff. May 26, 1997. § 443.0151. VISITOR PARKING FACILITIES. (a) The board shall operate a garage or similar parking facility for the benefit of visitors to the Capitol Complex. The parking facility is under the control of the board. (b) The board may set and collect a fee for parking. Revenue from the parking facility shall be credited to the Capitol fund. If revenue bonds are issued for the project, the board shall transfer to the Texas Public Finance Authority the amount necessary for the debt service on not more than one-half of the total amount of bonds issued. (c) The Department of Public Safety shall enforce the rules of the board governing parking in the facility in the same manner in which the department enforces the department's rules under Subchapter E, Chapter 411, including the issuance of administrative citations for violations of the board's rules. Except as provided by board rule, the parking rules of the department adopted under that subchapter do not apply to parking in the facility. Added by Acts 1997, 75th Leg., ch. 270, § 2, eff. May 26, 1997. Amended by Acts 1999, 76th Leg., ch. 227, § 3, eff. Sept. 1, 1999. § 443.0152. CAPITOL GROUNDS MONUMENTS. (a) The board may not approve the installation of a permanent monument on the grounds under the jurisdiction of the board, and erection or construction of an approved monument may not begin, unless the board or the board's designee finds that the installation of the monument will be complete not later than the fourth anniversary of the date on which approval is granted. Installation by that anniversary date is a condition of the board's approval, and if installation is not complete by that date the board's approval of the monument is considered withdrawn and the monument may not be installed. (b) In this section, "monument" means a marker, memorial, statue, or other commemoration of a person, organization, or event, including one authorized or requested pursuant to legislative resolution. Added by Acts 1997, 75th Leg., ch. 1141, § 1, eff. June 19, 1997. Renumbered from V.T.C.A., Government Code § 443.015 by Acts 2001, 77th Leg., ch. 1420, § 21.001(41), eff. Sept. 1, 2001. § 443.0153. PARKING FEES NOT SUBJECT TO SALES TAX. Parking fees paid through parking meters maintained under this chapter and parking fees paid in a visitor parking facility under this chapter or Chapter 445 are exempt from the application of the tax imposed by Chapter 151, Tax Code. Added by Acts 2001, 77th Leg., ch. 1462, § 2, eff. June 17, 2001. § 443.016. USE OF INDIGENOUS PLANTS AND TREES. (a) Except as otherwise provided by this section, to the extent reasonable and practical only plants and trees indigenous to this state may be used in landscaping work on the Capitol grounds. The board may authorize the use of specimens of nonindigenous plants that have historical significance in relation to the Capitol grounds. (b) A nursery plant that is transplanted onto the Capitol grounds must have been grown in this state. (c) A tree that is displayed in the Capitol or on the Capitol grounds must have been grown in this state. (d) The board may adopt standards for the selection of plants and trees displayed in the Capitol or on the Capitol grounds or used in landscaping work on the Capitol grounds. Added by Acts 1991, 72nd Leg., ch. 91, § 1, eff. May 15, 1991. Renumbered from V.T.C.A., Government Code § 443.015 by Acts 1991, 72nd Leg., 1st C.S., ch. 14, § 8.01(13), eff. Nov. 12, 1991. Amended by Acts 1999, 76th Leg., ch. 149, § 11, eff. May 21, 1999. § 443.017. TRANSFER OF CERTAIN HISTORICAL ITEMS. (a) A state agency or other state entity that possesses a state-owned item identified by the curator of the Capitol and the board as an item of historical significance that was at one time located in the Capitol or in the General Land Office Building shall transfer the item to the inventory of the board at the direction of the curator not later than the 60th day after the date that the curator notifies the agency or entity. The state agency or other state entity shall subsequently transfer physical possession of the item to the board in accordance with policies and procedures established by the board. (b) An item that is in the Capitol office of a member of the legislature, that is transferred under Subsection (a), and that the board proposes to relocate may be relocated only to a place within the original dimensions of the Capitol building and only after the proposed relocation is approved by the chairman of the administration committee of the appropriate house of the legislature. (c) This section does not apply to records or documents in the custody of the General Land Office or the Texas State Library and Archives Commission. Added by Acts 1991, 72nd Leg., 1st C.S., ch. 10, § 7, eff. Aug. 29, 1991. § 443.018. REGULATION OF VISITORS AND VENDORS. (a) The board shall adopt rules that regulate the actions of visitors in the Capitol or on the grounds of the Capitol. (b) The rules adopted under Subsection (a) shall include rules that: (1) prohibit persons from attaching signs, banners, or other displays to a part of the Capitol or to a structure, including a fence, on the grounds of the Capitol except as approved by the board; (2) prohibit a visitor from placing furniture in the Capitol or on the grounds of the Capitol for a period that exceeds 24 hours except as approved by the board; (3) prohibit the setting up or placement of camping equipment, shelter, or related materials in the Capitol or on the grounds of the Capitol except as approved by the board; (4) prohibit actions that block ingress and egress: (A) into the Capitol building; or (B) rooms or hallways within the Capitol building, except as approved by the board; (5) prohibit actions that pose a risk to safety; (6) provide that members of the public must leave the Capitol when the building is closed to the public; (7) provide that all pets except Seeing Eye dogs are not permitted in the Capitol, and shall be restrained at all times on a leash or similar device in the immediate control of the owner while on the grounds of the Capitol, except as approved by the board; (8) prohibit the use of skateboards, rollerblades, and rollerskates in the Capitol or on the grounds of the Capitol; and (9) prohibit a vendor or commercial enterprise from operating in the Capitol or on the grounds of the Capitol unless the vendor or commercial enterprise is authorized to do so by the board. (c) A person commits an offense if the person violates a rule of the board adopted under Subsection (a). (d) An offense under this section is a Class C misdemeanor. (e) This section may not be applied in a manner that violates a person's rights under the Texas Constitution or the First Amendment to the United States Constitution, including the right of persons peaceably to assemble. (f) The board shall send proposed rules under this section to the attorney general for review and comment before the board adopts the rules. Added by Acts 1991, 72nd Leg., 1st C.S., ch. 10, § 7, eff. Aug. 29, 1991. Amended by Acts 1995, 74th Leg., ch. 848, § 8, eff. Sept. 1, 1995. § 443.019. DEPOSIT FOR USE OF CAPITOL OR CAPITOL GROUNDS. (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 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 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. (b) The board may charge and collect the costs listed under Subsection (a) from a person or entity that uses the Capitol or the grounds of the Capitol for an event, exhibit, or other scheduled activity and that does not post a deposit under Subsection (a). Added by Acts 1991, 72nd Leg., 1st C.S., ch. 10, § 7, eff. Aug. 29, 1991. § 443.020. PASS KEYS TO ROOMS IN THE CAPITOL. Any person who shall make or have made or keep in his possession a pass or master key to the rooms and apartments in the state capitol, unless authorized to do so, shall be fined not exceeding $100. Added by Acts 1979, 66th Leg., p. 1960, ch. 773, § 4.13. Transferred from Vernon's Ann.Civ.St. art. 601b § 4.13 and amended by Acts 1993, 73rd Leg., ch. 684, § 24, eff. Sept. 1, 1993. § 443.021. STATE HISTORY MUSEUM. The board is authorized to develop, construct, govern, and operate, from funds appropriated for that purpose, a state history museum to be located within the Capitol complex. In this section, "Capitol complex" has the meaning assigned by Section 443.0071. Added by Acts 1997, 75th Leg., ch. 1367, § 8, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 149, § 12, eff. May 21, 1999. § 443.022. AUDITS. (a) The transactions, funds, and programs of the board are subject to audit by the state auditor in accordance with Chapter 321. (b) The state auditor may review the performance of the management of the board by conducting an economy and efficiency audit under Section 321.0133 and an effectiveness audit under Section 321.0134. The scope and frequency of such audits shall be determined in consultation with the legislative audit committee. (c) Expired. Added by Acts 1997, 75th Leg., ch. 1367, § 8, eff. Sept. 1, 1997. § 443.023. PURCHASE AND LEASE REQUIREMENTS FOR CERTAIN EXPENDITURES. Subtitle D, Title 10, does not apply to a purchase or lease under this chapter. The executive director, as appropriate, may approve in writing the purchase or lease of goods and services needed to repair or improve an area within the Capitol, Capitol extension, Capitol grounds, or General Land Office building, if the cost of the purchase or lease will not exceed $50,000. The executive director shall notify the board in writing of any expenditures in excess of $50,000 made under this chapter. Added by Acts 1997, 75th Leg., ch. 1367, § 8, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 149, § 13, eff. May 21, 1999; Acts 2001, 77th Leg., ch. 1462, § 3, eff. June 17, 2001. § 443.0231. INFORMATION TECHNOLOGIES. Chapter 2054 does not apply to the board. Added by Acts 2001, 77th Leg., ch. 1462, § 4, eff. June 17, 2001. § 443.024. DISPLAY OF THE TEXAS AND UNITED STATES FLAGS. (a) The flag of the State of Texas and the flag of the United States shall be flown on the same pole above the south door of the Capitol building. (b) The flag of the State of Texas alone shall be flown above the north door of the Capitol building. (c) In the event that the flags shall be flown at half staff, the flag of the United States alone shall be flown above the south door and the flag of the State of Texas alone shall be flown above the north door of the Capitol building. (d) On the occasion of the flying of the POW/MIA flag, the POW/MIA flag and the flag of the United States shall be flown above the south door of the Capitol building and the flag of the State of Texas alone shall be flown above the north door of the Capitol building. Added by Acts 1999, 76th Leg., ch. 869, § 1, eff. Aug. 30, 1999. § 443.025. WOODLAWN. (a) Title to the historic property Woodlawn, also commonly known as Pease Mansion and Shivers Mansion, located at No. 6 Niles Road in Austin, is in the name of the board. The board may: (1) preserve, maintain, restore, and furnish the building; (2) preserve, maintain, and restore its contents and grounds; and (3) otherwise provide for use of the building and grounds. (b) The board may set and collect a fee for the use of Woodlawn for special activities. The board shall deposit money received under this subsection to the credit of the Capitol fund. (c) The board, after consulting with the Texas Historical Commission and with the approval of the Legislative Budget Board, may sell Woodlawn at its fair market value. The General Land Office shall transact the sale on behalf of the board using procedures under Section 31.158(c), Natural Resources Code. Proceeds from the transaction: (1) shall be deposited in the Capitol renewal account or its successor in function under Section 443.0103; and (2) may be spent only for a purpose described by Section 443.0103. (d) In selling Woodlawn under Subsection (c), the board shall add to the deed of Woodlawn a provision that requires the purchaser to use the property in a manner that preserves the historical character of Woodlawn, including its buildings, facades, interior, and grounds. Added by Acts 1999, 76th Leg., ch. 149, § 14, eff. May 21, 1999. Amended by Acts 2001, 77th Leg., ch. 1078, § 1, eff. June 15, 2001; Acts 2001, 77th Leg., ch. 1462, § 5, eff. June 17, 2001. § 443.026. TOURS. (a) The board may provide for public tours of the Capitol and the other buildings and grounds under the jurisdiction of the board. (b) The board may provide for the transportation of visitors within the Capitol complex and between the buildings and grounds subject to the jurisdiction of the board. In cooperation with other public and private authorities, the board may participate in providing for the transportation of visitors between the buildings and grounds subject to the jurisdiction of the board and other historic and cultural sites. (c) The board may set and collect a fee for transportation under this section. The board shall deposit money received under this subsection to the credit of the Capitol fund. Added by Acts 1999, 76th Leg., ch. 149, § 14, eff. May 21, 1999. § 443.027. PUBLICATIONS AND PUBLICITY. (a) Publicity of the buildings, contents, and grounds subject to the jurisdiction of the board is essential to the board's statutory objectives. For that purpose, the board may: (1) employ public relations personnel; and (2) publish or contract for the publication of brochures, books, and periodicals intended for the general public that are promotional, informational, or educational. (b) The board may sell at prices set by the board publications printed under this section. Added by Acts 1999, 76th Leg., ch. 149, § 14, eff. May 21, 1999. § 443.028. CHAPEL. The board may establish and maintain a chapel in the Capitol. Added by Acts 1999, 76th Leg., ch. 149, § 14, eff. May 21, 1999.
Disclaimer: These codes may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
