CHAPTER 443. STATE PRESERVATION BOARD

Statutes > Texas Statutes > GOVERNMENT CODE > TITLE 4. EXECUTIVE BRANCH > CHAPTER 443. STATE PRESERVATION BOARD

GOVERNMENT CODE

TITLE 4. EXECUTIVE BRANCH

SUBTITLE D. HISTORY, CULTURE, AND EDUCATION

CHAPTER 443. STATE PRESERVATION BOARD

Sec. 443.001. BOARD. The State Preservation Board is an agency

of the state.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, 2013.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 2.14,

eff. Nov. 12, 1991; Acts 1995, 74th Leg., ch. 848, Sec. 1, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1367, Sec. 1, eff. Sept.

1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1227, Sec. 3.04, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

928, Sec. 4.01, eff. June 15, 2007.

Sec. 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.

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, Sec. 16, eff. May

21, 1999.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 900, Sec. 1, eff. Aug. 28,

1989; Acts 1995, 74th Leg., ch. 848, Sec. 2, eff. Sept. 1, 1995;

Acts 1997, 75th Leg., ch. 1367, Sec. 2, eff. Sept. 1, 1997; Acts

1999, 76th Leg., ch. 149, Sec. 16, eff. May 21, 1999.

Sec. 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, Sec. 3, eff. Sept. 1,

1995.

Sec. 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, Sec. 3, eff. Sept. 1,

1995.

Sec. 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.

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, Sec. 3, eff. Sept. 1,

1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 900, Sec. 2, eff. Aug. 28,

1989; Acts 1999, 76th Leg., ch. 149, Sec. 1, eff. May 21, 1999.

Sec. 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, Sec. 4, eff. Sept. 1,

1995.

Sec. 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, Sec. 4, eff. Sept. 1,

1995.

Sec. 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, Sec. 4, eff. Sept. 1,

1995.

Sec. 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, Sec. 4, eff. Sept. 1,

1995.

Sec. 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, Sec. 4, eff. Sept. 1,

1995.

Sec. 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, Sec. 4, eff. Sept. 1,

1995.

Sec. 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, Sec. 4, eff. Sept. 1,

1995.

Sec. 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, Sec. 4, eff. Sept. 1,

1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 900, Sec. 3, eff. Aug. 28,

1989; Acts 1991, 72nd Leg., ch. 53, Sec. 1, eff. May 1, 1991;

Acts 1991, 72nd Leg., 1st C.S., ch. 10, Sec. 1, eff. Aug. 29,

1991; Acts 1997, 75th Leg., ch. 1367, Sec. 3, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 149, Sec. 2, eff. May 21, 1999.

Sec. 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.

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, Sec. 2, eff. May 1, 1991.

Amended by Acts 1995, 74th Leg., ch. 848, Sec. 5, eff. Sept. 1,

1995; Acts 1999, 76th Leg., ch. 149, Sec. 3, eff. May 21, 1999.

Sec. 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.

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, Sec. 6, eff. Sept. 1,

1995.

Sec. 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, Sec. 6, eff. Sept. 1,

1995.

Sec. 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, Sec. 4, eff. May 21,

1999.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1991, 72nd Leg., ch. 53, Sec. 3, eff. May 1,

1991; Acts 1991, 72nd Leg., 1st C.S., ch. 10, Sec. 2, eff. Aug.

29, 1991; Acts 1997, 75th Leg., ch. 165, Sec. 17.19, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 1367, Sec. 4, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 149, Sec. 5, eff. May 21, 1999;

Acts 2001, 77th Leg., ch. 1462, Sec. 1, eff. June 17, 2001.

Sec. 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.

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.

(e) The board shall manage and maintain the two adjacent

landscaped areas bordered and separated by contiguous concrete

sidewalks abutting the south side of the Sam Houston Building.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 900, Sec. 4, eff. Aug. 28,

1989; Acts 1991, 72nd Leg., ch. 53, Sec. 4, eff. May 1, 1991;

Acts 1991, 72nd Leg., 1st C.S., ch. 10, Sec. 3, eff. Aug. 29,

1991; Acts 1993, 73rd Leg., ch. 612, Sec. 1, eff. June 13, 1993;

Acts 1999, 76th Leg., ch. 149, Sec. 6, 7 eff. May 21, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

356, Sec. 1, eff. June 15, 2007.

Sec. 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, Sec. 5, eff. Aug. 28,

1989.

Sec. 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, Sec. 8, eff. May 21,

1999.

Sec. 443.008. ADVISORY COMMITTEES. The board may appoint

advisory committees to aid it in carrying out its duties.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 900, Sec. 6, eff. Aug. 28,

1989; Acts 1991, 72nd Leg., ch. 53, Sec. 5, eff. May 1, 1991;

Acts 1995, 74th Leg., ch. 109, Sec. 14, eff. Aug. 30, 1995; Acts

1995, 74th Leg., ch. 876, Sec. 22.02, eff. Sept. 1, 1995.

Sec. 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.

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, Sec. 2, eff. Sept. 1,

2001.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 900, Sec. 7, eff. Aug. 28,

1989; Acts 1991, 72nd Leg., ch. 53, Sec. 6, eff. May 1, 1991;

Acts 1991, 72nd Leg., 1st C.S., ch. 10, Sec. 4, eff. Aug. 29,

1991; Acts 1993, 73rd Leg., ch. 107, Sec. 4.02, eff. Aug. 30,

1993.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 10, Sec. 5, eff.

Aug. 29, 1991.

Sec. 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.

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, Sec. 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, Sec. 8, eff. Aug. 28,

1989. Amended by Acts 1991, 72nd Leg., ch. 53, Sec. 7, eff. May

1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 10, Sec. 6, eff.

Aug. 29, 1991; Acts 1997, 75th Leg., ch. 1367, Sec. 5, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 1423, Sec. 8.15, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 149, Sec. 9, eff. May 21, 1999;

Acts 2001, 77th Leg., ch. 1462, Sec. 10, eff. June 17, 2001.

Sec. 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, Sec. 7, eff. Sept. 1,

1995.

Sec. 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.

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, Sec. 10, eff. May 21,

1999. Amended by Acts 2001, 77th Leg., ch. 549, Sec. 1, eff. Aug.

31, 2001.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff. Sept. 1, 1987.

Sec. 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.

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, Sec. 9, eff. Aug. 28,

1989. Amended by Acts 1993, 73rd Leg., ch. 612, Sec. 2, eff. June

13, 1993; Acts 1997, 75th Leg., ch. 1367, Sec. 6, eff. Sept. 1,

1997.

Sec. 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.

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, Sec. 3, eff. June 13,

1993. Amended by Acts 1997, 75th Leg., ch. 1367, Sec. 7, eff.

Sept. 1, 1997.

Sec. 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, Sec. 3, eff. June 13,

1993.

Sec. 443.0133. FEE FOR COPY OF COPYRIGHTED MATERIAL. (a) The

board may set and collect a fee for providing a copy, for

personal or educational use, of state archival records and other

historical resources protected by copyright and owned by the

board, including photographs, video recordings, and other

documentation related to the history of the buildings and grounds

under board control.

(b) The board may set its fees under this section in amounts

necessary to cover the cost of creating the image or document and

the cost of reproducing and dispersing the image or document

requested. The board shall deposit money received under this

section to the credit of a separate account in the Capitol fund.

and other historical resources protected by copyright and owned

by the board are excepted from the fee schedule and other

provisions related to costs and charges under Chapter 552.

Added by Acts 2007, 80th Leg., R.S., Ch.

432, Sec. 1, eff. June 15, 2007.

Sec. 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.

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, Sec. 4, eff. June 13,

1993.

Sec. 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.

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, Sec. 1, eff. June 14,

1989.

Sec. 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.

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, Sec. 1, eff. May 26,

1997.

Sec. 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.

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, Sec. 2, eff. May 26,

1997. Amended by Acts 1999, 76th Leg., ch. 227, Sec. 3, eff.

Sept. 1, 1999.

Sec. 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.

(a-1) Except as provided by Sections 443.01525 and 448.034,

after September 1, 2009, no additional monuments may be placed on

the historic grounds of the Capitol.

(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, Sec. 1, eff. June 19,

1997. Renumbered from Sec. 443.015 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(41), eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

252, Sec. 2, eff. May 29, 2009.

Sec. 443.01525. TEJANO MEMORIAL MONUMENT. The State

Preservation Board shall establish a Tejano memorial monument on

the historic south grounds of the Capitol that pays tribute to

the contributions of Tejanos to the State of Texas.

Added by Acts 2009, 81st Leg., R.S., Ch.

252, Sec. 1, eff. May 29, 2009.

Sec. 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, Sec. 2, eff. June 17,

2001.

Sec. 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.

(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, Sec. 1, eff. May 15, 1991.

Renumbered from Sec. 443.015 by Acts 1991, 72nd Leg., 1st C.S.,

ch. 14, Sec. 8.01(13), eff. Nov. 12, 1991. Amended by Acts 1999,

76th Leg., ch. 149, Sec. 11, eff. May 21, 1999.

Sec. 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.

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, Sec. 7, eff.

Aug. 29, 1991.

Sec. 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.

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, Sec. 7, eff.

Aug. 29, 1991. Amended by Acts 1995, 74th Leg., ch. 848, Sec. 8,

eff. Sept. 1, 1995.

Sec. 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, Sec. 7, eff.

Aug. 29, 1991.

Sec. 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, Sec. 4.13.

Transferred from Vernon's Ann.Civ.St. art. 601b Sec. 4.13 and

amended by Acts 1993, 73rd Leg., ch. 684, Sec. 24, eff. Sept. 1,

1993.

Sec. 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, Sec. 8, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 149, Sec. 12, eff. May

21, 1999.

Sec. 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.

Added by Acts 1997, 75th Leg., ch. 1367, Sec. 8, eff. Sept. 1,

1997.

Sec. 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, Sec. 8, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 149, Sec. 13, eff. May

21, 1999; Acts 2001, 77th Leg., ch. 1462, Sec. 3, eff. June 17,

2001.

Sec. 443.0231. INFORMATION TECHNOLOGIES. Chapter 2054 does not

apply to the board.

Added by Acts 2001, 77th Leg., ch. 1462, Sec. 4, eff. June 17,

2001.

Sec. 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.

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, Sec. 1, eff. Aug. 30,

1999.

Sec. 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.

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, Sec. 14, eff. May 21,

1999. Amended by Acts 2001, 77th Leg., ch. 1078, Sec. 1, eff.

June 15, 2001; Acts 2001, 77th Leg., ch. 1462, Sec. 5, eff. June

17, 2001.

Sec. 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.

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, Sec. 14, eff. May 21,

1999.

Sec. 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, Sec. 14, eff. May 21,

1999.

Sec. 443.028. CHAPEL. The board may establish and maintain a

chapel in the Capitol.

Added by Acts 1999, 76th Leg., ch. 149, Sec. 14, eff. May 21,

1999.

Sec. 443.029. GOVERNOR'S MANSION. (a) Except as otherwise

specifically provided by law, the board is responsible for the

preservation and maintenance of the Governor's Mansion and the

protection of the historical and architectural integrity of the

mansion's exterior, interior, and grounds. This section does not

limit the authority of the Texas Historical Commission under

Chapter 191, Natural Resources Code.

(b) Except for a change in or to the Pease bedroom, the Sam

Houston bedroom, the hallway, or the stairwell, a nonstructural

decorative change in or to the private living and guest quarters

of the governor and the governor's family on the second floor of

the Governor's Mansion does not require the prior approval of the

board or the Texas Historical Commission.

governor may exercise the powers and shall perform the duties

relating to the Governor's Mansion that are provided by

applicable law, subject to the requirements of this section.

Added by Acts 2009, 81st Leg., R.S., Ch.

240, Sec. 1, eff. May 27, 2009.

Find Legal Information

Texas Codes and Statutes

CHAPTER 443. STATE PRESERVATION BOARD