| |
| |
| |
|
|
AN ACT
|
|
|
relating to the continuation and functions of the Texas Commission |
|
|
on the Arts. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 444.002(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) The Texas Commission on the Arts is subject to Chapter |
|
|
325 (Texas Sunset Act). Unless continued in existence as provided |
|
|
by that chapter, the commission is abolished and this chapter |
|
|
expires September 1, 2013 [2007]. |
|
|
SECTION 2. Section 444.003(b), Government Code, is amended |
|
|
to read as follows: |
|
|
(b) A person may not be a member of [is not eligible for
|
|
|
appointment to] the commission 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 money from the |
|
|
commission; |
|
|
(2) owns or controls, directly or indirectly, |
|
|
[directly owns or controls] more than a 10 percent interest in a |
|
|
business entity or other organization receiving money [funds] from |
|
|
the commission; or |
|
|
(3) [(2)] uses or receives a substantial amount of |
|
|
tangible goods, services, or money [funds] from the commission, |
|
|
other than compensation or reimbursement authorized by law for |
|
|
commission membership, attendance, or expenses. |
|
|
SECTION 3. Sections 444.006(a), (b), (d), (f), and (g), |
|
|
Government Code, are amended to read as follows: |
|
|
(a) A person may not be [serve as] a member of the commission |
|
|
or act as the general counsel to the commission 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 commission. |
|
|
(b) A person may not be a member of the commission and may |
|
|
not be a commission employee employed in a "bona fide executive, |
|
|
administrative, or professional capacity," as that phrase is used |
|
|
for purposes of establishing an exemption to the overtime |
|
|
provisions of the federal Fair Labor Standards Act of 1938 (29 |
|
|
U.S.C. Section 201 et seq.) if: |
|
|
(1) the person is an officer, employee, or paid |
|
|
consultant of a Texas trade association in the field of art; or |
|
|
(2) the person's spouse is an officer, manager, or paid |
|
|
consultant of a Texas trade association in the field of art [An
|
|
|
officer, employee, or paid consultant of a Texas trade association
|
|
|
in the field of art may not be a member of the commission or employee
|
|
|
of the commission who is exempt from the state's position
|
|
|
classification plan or is compensated at or above the amount
|
|
|
prescribed by the General Appropriations Act for step 1, salary
|
|
|
group 17, of the position classification salary schedule]. |
|
|
(d) It is a ground for removal from the commission that [if] |
|
|
a member: |
|
|
(1) does not have at the time of taking office the |
|
|
qualifications required by Section 444.003(a) [violates a
|
|
|
prohibition established by this section]; |
|
|
(2) does not maintain during service on the commission |
|
|
the qualifications required by Section 444.003(a); |
|
|
(3) is ineligible for membership under Subsection (a) |
|
|
or (b); |
|
|
(4) cannot because of illness or disability discharge |
|
|
the member's duties for a substantial part of the member's term [for
|
|
|
which the member is appointed]; or |
|
|
(5) [(3)] is absent from more than half of the |
|
|
regularly scheduled commission meetings that the member is eligible |
|
|
to attend during a calendar year without an excuse approved [unless
|
|
|
the absence is excused] by majority vote of the commission. |
|
|
(f) If the executive director has knowledge that a potential |
|
|
ground for removal exists, the executive director shall notify the |
|
|
presiding officer of the commission of the potential ground. The |
|
|
presiding officer shall then notify the governor and the attorney |
|
|
general that a potential ground for removal exists. If the |
|
|
potential ground for removal involves the presiding officer, the |
|
|
executive director shall notify the next highest ranking officer of |
|
|
the commission, who shall then notify the governor and the attorney |
|
|
general that a potential ground for removal exists. |
|
|
(g) In [For the purposes of] this section, [a] "Texas trade |
|
|
association" means [is] a [nonprofit,] cooperative[,] and |
|
|
voluntarily joined statewide association of business or |
|
|
professional competitors in this state designed to assist its |
|
|
members and its industry or profession in dealing with mutual |
|
|
business or professional problems and in promoting their common |
|
|
interest [obtaining public money or influencing governmental
|
|
|
policy]. |
|
|
SECTION 4. Section 444.012, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 444.012. [INFORMATION OF INTEREST;] COMPLAINTS. (a) |
|
|
The commission shall maintain a system to promptly and efficiently |
|
|
act on complaints filed with the commission. The commission shall |
|
|
maintain information about parties to the complaint, the subject |
|
|
matter of the complaint, a summary of the results of the review or |
|
|
investigation of the complaint, and its disposition. |
|
|
(b) The commission shall make information available |
|
|
describing its procedures for complaint investigation and |
|
|
resolution. |
|
|
(c) The commission shall periodically notify the complaint |
|
|
parties of the status of the complaint until final disposition |
|
|
[prepare information of public interest describing the functions of
|
|
|
the commission and the procedures by which complaints are filed
|
|
|
with and resolved by the commission. The commission shall make the
|
|
|
information available to the public and appropriate state
|
|
|
agencies]. |
|
|
[(b)
The commission by rule shall establish methods by which
|
|
|
consumers and grant recipients are notified of the name, mailing
|
|
|
address, and telephone number of the commission for the purpose of
|
|
|
directing complaints to the commission.
|
|
|
[(c)
The commission shall keep information about each
|
|
|
complaint filed with the commission. The information must 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 commission took no
|
|
|
action, an explanation of the reason the complaint was closed
|
|
|
without action.
|
|
|
[(d)
The commission shall keep a file about each written
|
|
|
complaint filed with the commission that the commission has
|
|
|
authority to resolve. The commission shall provide to the person
|
|
|
filing the complaint, and the persons or entities complained about,
|
|
|
the commission's policies and procedures pertaining to complaint
|
|
|
investigation and resolution. The commission, 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 unless the notice would
|
|
|
jeopardize an undercover investigation.] |
|
|
SECTION 5. Section 444.014, Government Code, is amended by |
|
|
amending Subsections (b) and (c) and by adding Subsection (d) to |
|
|
read as follows: |
|
|
(b) A person who is appointed to and qualifies for office as |
|
|
a member of the commission may not vote, deliberate, or be counted |
|
|
as a member in attendance at a meeting of the commission until the |
|
|
person completes a training program that complies with [Before a
|
|
|
member of the commission may assume the member's duties and before
|
|
|
the member may be confirmed by the senate, the member must complete
|
|
|
at least one course of the training program established under] this |
|
|
section. |
|
|
(c) The training program must provide the person with |
|
|
information [to the member] regarding: |
|
|
(1) the [enabling] legislation that created the |
|
|
commission; its programs, functions, rules, and budget [and its
|
|
|
policy-making body to which the member is appointed to serve]; |
|
|
(2) the results of the most recent formal audit of [the
|
|
|
programs operated by] the commission; |
|
|
(3) the requirements of laws relating to open |
|
|
meetings, public information, administrative procedure, and |
|
|
conflict of interest [role and functions of the commission]; and |
|
|
(4) [the rules of the commission, with an emphasis on
|
|
|
the rules that relate to disciplinary and investigatory authority;
|
|
|
[(5) the current budget for the commission;
|
|
|
[(6)
the results of the most recent formal audit of the
|
|
|
commission;
|
|
|
[(7) the requirements of the:
|
|
|
[(A) open meetings law, Chapter 551;
|
|
|
[(B) open records law, Chapter 552; and
|
|
|
[(C) administrative procedure law, Chapter 2001;
|
|
|
[(8)
the requirements of the conflict of interest laws
|
|
|
and other laws relating to public officials; and
|
|
|
[(9)] any applicable ethics policies adopted by the |
|
|
commission or the Texas Ethics Commission. |
|
|
(d) A person appointed to the commission is entitled to |
|
|
reimbursement, as provided by the General Appropriations Act, for |
|
|
the travel expenses incurred in attending the training program |
|
|
regardless of whether the attendance at the program occurs before |
|
|
or after the person qualifies for office. |
|
|
SECTION 6. Subchapter A, Chapter 444, Government Code, is |
|
|
amended by adding Sections 444.015, 444.016, and 444.017 to read as |
|
|
follows: |
|
|
Sec. 444.015. USE OF TECHNOLOGY. The commission shall |
|
|
implement a policy requiring the commission to use appropriate |
|
|
technological solutions to improve the commission's ability to |
|
|
perform its functions. The policy must ensure that the public is |
|
|
able to interact with the commission on the Internet. |
|
|
Sec. 444.016. NEGOTIATED RULEMAKING AND ALTERNATIVE |
|
|
DISPUTE RESOLUTION POLICY. (a) The commission shall develop and |
|
|
implement a policy to encourage the use of: |
|
|
(1) negotiated rulemaking procedures under Chapter |
|
|
2008 for the adoption of commission rules; and |
|
|
(2) appropriate alternative dispute resolution |
|
|
procedures under Chapter 2009 to assist in the resolution of |
|
|
internal and external disputes under the commission's |
|
|
jurisdiction. |
|
|
(b) The commission's procedures relating to alternative |
|
|
dispute resolution must conform, to the extent possible, to any |
|
|
model guidelines issued by the State Office of Administrative |
|
|
Hearings for the use of alternative dispute resolution by state |
|
|
agencies. |
|
|
(c) The commission shall designate a trained person to: |
|
|
(1) coordinate the implementation of the policy |
|
|
adopted under Subsection (a); |
|
|
(2) serve as a resource for any training needed to |
|
|
implement the procedures for negotiated rulemaking or alternative |
|
|
dispute resolution; and |
|
|
(3) collect data concerning the effectiveness of those |
|
|
procedures, as implemented by the commission. |
|
|
Sec. 444.017. COMPLIANCE WITH SUNSET RECOMMENDATIONS. (a) |
|
|
The commission shall: |
|
|
(1) comply with and implement the management action |
|
|
recommendations regarding the commission adopted by the Sunset |
|
|
Advisory Commission on January 10, 2007, as a result of its review |
|
|
of the commission; and |
|
|
(2) report to the Sunset Advisory Commission not later |
|
|
than November 1, 2008, the information the Sunset Advisory |
|
|
Commission requires regarding the commission's implementation of |
|
|
the recommendations under Subdivision (1). |
|
|
(b) This section expires June 1, 2009. |
|
|
SECTION 7. Section 444.024, Government Code, is amended by |
|
|
adding Subsection (d) to read as follows: |
|
|
(d) The commission shall adopt rules to govern the review, |
|
|
approval, and oversight of special initiative grants. The rules |
|
|
must provide for: |
|
|
(1) commission approval of special initiative grants, |
|
|
including expedited approval of the grants in limited circumstances |
|
|
for cases requiring immediate action; |
|
|
(2) criteria to be used in reviewing and evaluating |
|
|
special initiative grant applications; and |
|
|
(3) procedures to be used in determining the amounts |
|
|
of the special initiative grants. |
|
|
SECTION 8. Section 444.025, Government Code, is amended by |
|
|
adding Subsection (j) to read as follows: |
|
|
(j) The commission shall adopt rules to govern its |
|
|
acceptance of private gifts, grants, and donations to ensure that |
|
|
the use of the money or property supports the commission's primary |
|
|
functions. At a minimum, the rules must: |
|
|
(1) require the commission to evaluate a gift, grant, |
|
|
or donation before acceptance to ensure that the purpose of the |
|
|
gift, grant, or donation supports the commission's priorities as |
|
|
established by statute and the commission's appropriations |
|
|
pattern; |
|
|
(2) prohibit the commission from creating and directly |
|
|
administering programs for the purpose of qualifying for or |
|
|
complying with a condition for the acceptance of private funding; |
|
|
and |
|
|
(3) require the commission, before acceptance of a |
|
|
gift, grant, or donation, to evaluate any obligations the |
|
|
commission would have to meet in order to accept the gift, grant, or |
|
|
donation, including required matching funds, the amount of staff |
|
|
time and effort, and any other additional costs. |
|
|
SECTION 9. Section 444.006(c), Government Code, is |
|
|
repealed. |
|
|
SECTION 10. (a) In this section: |
|
|
(1) "Sunset commission" means the Sunset Advisory |
|
|
Commission. |
|
|
(2) "Commission" means the Texas Commission on the |
|
|
Arts. |
|
|
(b) In performing its duties under Chapter 325, Government |
|
|
Code (Texas Sunset Act), during the period before the commission is |
|
|
scheduled to be abolished, the sunset commission shall focus on the |
|
|
commission's expenditures, including determining the percentage of |
|
|
available funding spent by the commission on overhead and |
|
|
administrative costs. The sunset commission may include any |
|
|
recommendations it considers appropriate in its report to the 83rd |
|
|
Legislature. |
|
|
(c) This section expires September 1, 2013. |
|
|
SECTION 11. Not later than March 1, 2008, the Texas |
|
|
Commission on the Arts shall: |
|
|
(1) adopt the rules required by Sections 444.024(d) |
|
|
and 444.025(j), Government Code, as added by this Act; and |
|
|
(2) adopt the policies required by Sections 444.015 |
|
|
and 444.016, Government Code, as added by this Act. |
|
|
SECTION 12. (a) The changes in law made by this Act in the |
|
|
prohibitions or qualifications applying to a member of the Texas |
|
|
Commission on the Arts do not affect the entitlement of a member |
|
|
serving on the Texas Commission on the Arts immediately before |
|
|
September 1, 2007, to continue to serve and function as a member of |
|
|
the Texas Commission on the Arts for the remainder of the member's |
|
|
term. Those changes in law apply only to a member appointed on or |
|
|
after September 1, 2007. |
|
|
(b) The changes in law made by this Act to Section 444.012, |
|
|
Government Code, relating to the investigation of a complaint filed |
|
|
with the Texas Commission on the Arts apply only to a complaint |
|
|
filed on or after September 1, 2007. A complaint filed with the |
|
|
commission before September 1, 2007, is governed by the law as it |
|
|
existed immediately before that date, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 13. This Act takes effect September 1, 2007. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2460 was passed by the House on May |
|
|
10, 2007, by the following vote: Yeas 140, Nays 0, 2 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 2460 on May 25, 2007, by the following vote: Yeas 140, Nays 0, |
|
|
2 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 2460 was passed by the Senate, with |
|
|
amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |