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H.B. No. 2025
AN ACT
relating to the transfer of jurisdiction over the National Museum
of the Pacific War and other historical sites from the Parks and
Wildlife Department to the Texas Historical Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 442.001-442.018, Government Code, are
designated as Subchapter A, Chapter 442, Government Code, and a
heading to Subchapter A is added to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 2. Subchapter A, Chapter 442, Government Code, as
added by this Act, is amended by adding Section 442.019 to read as
follows:
Sec. 442.019. TRANSFER OF HISTORICAL SITES FROM PARKS AND
WILDLIFE. (a) By interagency agreement, a historical site under
the jurisdiction of the Parks and Wildlife Department may be
transferred to the commission.
(b) If jurisdiction over a historical site is transferred
under this section, all rights, powers, duties, obligations,
functions, activities, property, and programs of the Parks and
Wildlife Department relating to the historical site are transferred
to the commission.
(c) On or after the transfer of jurisdiction over a
historical site, the commission may enter into an agreement with a
nonprofit corporation, including the Admiral Nimitz Foundation,
for the expansion, renovation, management, operation, or financial
support of the site.
SECTION 3. Subchapter Q, Chapter 22, Parks and Wildlife
Code, is redesignated as Subchapter B, Chapter 442, Government
Code, and amended to read as follows:
SUBCHAPTER B [Q]. NATIONAL MUSEUM OF THE PACIFIC WAR
[FLEET ADMIRAL CHESTER W. NIMITZ MEMORIAL NAVAL MUSEUM]
Sec. 442.051 [22.231]. MUSEUM DEFINITION; JURISDICTION.
(a) In this subchapter, "museum" means the National Museum of the
Pacific War.
(b) The museum [Fleet Admiral Chester W. Nimitz Memorial
Naval Museum] is under the jurisdiction of the commission
[department].
Sec. 442.052 [22.232]. POWERS OF COMMISSION [DEPARTMENT].
With respect to the [Nimitz] museum and in addition to its other
powers and duties, the commission [department]:
(1) shall foster and commemorate the memory of the era
of supreme United States naval power upon the seas and the men and
women of the armed services whose gallant and selfless dedication
to duty made this era possible;
(2) shall administer the museum [Fleet Admiral Chester
W. Nimitz Memorial Naval Museum] at Fredericksburg;
(3) shall act in any other capacity relative to
preserving naval documents, relics, and other items of historical
interest;
(4) may employ and discharge a museum director and
other employees it deems necessary to fulfill its duties and
responsibilities within the limits of funds available;
(5) may accept on behalf of the State of Texas
donations of money, property, and historical relics related to the
museum's theme; and
(6) may acquire property and historical relics by
purchase within the limits of funds available.
Sec. 442.053 [22.233]. REVENUE BONDS FOR MUSEUM. (a) The
commission [department,] by resolution [of the commission,] may
request the Texas Public Finance Authority to issue revenue bonds
or other revenue obligations to finance the repair, renovation,
improvement, expansion, and equipping of the [Nimitz] museum for
one or more projects not to exceed an aggregated estimated cost of
$9 million.
(b) On receipt of a request by the commission [department]
under this section, the Texas Public Finance Authority shall
promptly issue the bonds or other revenue obligations under and in
accordance with Chapter 1232[, Government Code].
(c) The commission [department] shall deposit the proceeds
of revenue bonds or other revenue obligations issued under this
section to the credit of the National Museum of the Pacific War
account [Texas parks and wildlife conservation and capital account]
and may use the proceeds only to finance the repair, renovation,
improvement, expansion, and equipping of the museum.
(d) Notwithstanding any other law, the commission
[department] may contract with the Admiral Nimitz Foundation for
the administration and operation of the museum, including any
necessary renovation, improvement, or expansion of the museum.
(e) The commission [department] may accept contributions
from the Admiral Nimitz Foundation and other sources in connection
with the repair, renovation, improvement, expansion, equipping, or
operation of the museum.
Sec. 442.054. NATIONAL MUSEUM OF THE PACIFIC WAR ACCOUNT.
(a) The National Museum of the Pacific War account is a separate
account in the general revenue fund.
(b) The account consists of:
(1) transfers made to the account;
(2) revenue from the operation of the museum;
(3) grants and donations made by the Admiral Nimitz
Foundation and other sources; and
(4) income earned on investments of money in the
account.
(c) Appropriations to the commission for the preservation,
operation, or maintenance of the museum shall be deposited to the
credit of the account.
(d) The commission may use money in the account to
administer this subchapter, including to support the preservation,
repair, renovation, improvement, expansion, equipping, operation,
or maintenance of the museum or acquisition of historical items
appropriate to the museum.
(e) Any money in the account not used in a fiscal year
remains in the account. The account is exempt from the application
of Section 403.095.
Sec. 442.055. GRANTS; DONATIONS. The commission may accept
a grant or donation for any program or purpose of the museum.
SECTION 4. (a) On November 1, 2005, the following are
transferred to the Texas Historical Commission:
(1) all powers, duties, obligations, and liabilities
of the Parks and Wildlife Department relating to the National
Museum of the Pacific War;
(2) all unobligated and unexpended funds appropriated
to the Parks and Wildlife Department designated for the
administration of the National Museum of the Pacific War;
(3) all equipment and property of the Parks and
Wildlife Department used for the administration of or related to
the National Museum of the Pacific War; and
(4) all files and other records of the Parks and
Wildlife Department kept by the department regarding the National
Museum of the Pacific War.
(b) A rule adopted by the Parks and Wildlife Department that
is in effect immediately before November 1, 2005, and that relates
to the National Museum of the Pacific War is, on November 1, 2005, a
rule of the Texas Historical Commission and remains in effect until
amended or repealed by the Texas Historical Commission.
(c) Any money in the Texas parks and wildlife conservation
and capital account deposited to the credit of the National Museum
of the Pacific War on October 31, 2005, is transferred on November
1, 2005, to the National Museum of the Pacific War account.
(d) The transfers under this Act do not diminish or impair
the rights of a holder of an outstanding bond or other obligation
issued by the Parks and Wildlife Department under former Section
22.233, Parks and Wildlife Code.
(e) Before November 1, 2005, the Parks and Wildlife
Department may agree with the Texas Historical Commission to
transfer any property of the Parks and Wildlife Department to the
Texas Historical Commission to implement the transfer required by
this Act.
(f) In the period beginning on the effective date of this
Act and ending on November 1, 2005, the Parks and Wildlife
Department shall continue to perform functions and activities under
Subchapter Q, Chapter 22, Parks and Wildlife Code, as if that
subchapter had not been amended by this Act, and the former law is
continued in effect for that purpose.
SECTION 5. 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2025 was passed by the House on April
22, 2005, by the following vote: Yeas 139, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2025 was passed by the Senate on May
20, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor