CHAPTER 444. TEXAS COMMISSION ON THE ARTS
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE D. HISTORY, CULTURE, AND EDUCATION
CHAPTER 444. TEXAS COMMISSION ON THE ARTS
SUBCHAPTER A. GENERAL PROVISIONS AND ADMINISTRATION
Sec. 444.001. COMMISSION. The Texas Commission on the Arts is
an agency of the state.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 444.002. APPLICATION OF SUNSET, OPEN MEETINGS, AND
ADMINISTRATIVE PROCEDURES LAWS. (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.
(b) The commission is subject to the open meetings law, Chapter
551, and the administrative procedure law, Chapter 2001.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 2.12,
eff. Nov. 12, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(50),
(83), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 108, Sec. 1,
eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1232, Sec. 1, eff. September 1, 2007.
Sec. 444.003. COMPOSITION. (a) The commission is composed of
17 members appointed by the governor with the advice and consent
of the senate. The members must represent all fields of the arts
and be widely known for their professional competence and
experience in connection with the arts. At least two members must
be residents of a county with a population of less than 50,000.
Appointments to the commission shall be made without regard to
the race, color, disability, sex, religion, age, or national
origin of the appointees.
(b) A person may not be a member of 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, more than a 10
percent interest in a business entity or other organization
receiving money from the commission; or
(3) uses or receives a substantial amount of tangible goods,
services, or money from the commission, other than compensation
or reimbursement authorized by law for commission membership,
attendance, or expenses.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 108, Sec. 2, eff. Sept. 1,
1995; Acts 2003, 78th Leg., ch. 1170, Sec. 3.01, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1232, Sec. 2, eff. September 1, 2007.
Sec. 444.004. COMPENSATION. (a) A member of the commission is
entitled to per diem as set by legislative appropriation for each
day that the member engages in commission business.
(b) A member is not entitled to other compensation for service
on the commission but is entitled to reimbursement for travel and
other necessary expenses in the performance of commission
business in an amount not exceeding the amount authorized to be
paid a member of the legislature for similar expenses.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 444.005. OFFICERS. The governor shall designate a member
of the commission as the presiding officer of the commission to
serve in that capacity at the pleasure of the governor. The
commission may elect from its members other officers.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 108, Sec. 3, eff. Sept. 1,
1995.
Sec. 444.006. CONFLICT OF INTEREST; REMOVAL PROVISIONS. (a) A
person may not be 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.
(c) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1232, Sec. 9,
eff. September 1, 2007.
(d) It is a ground for removal from the commission that a
member:
(1) does not have at the time of taking office the
qualifications required by Section 444.003(a);
(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; or
(5) 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 by majority vote of
the commission.
(e) The validity of an action of the commission is not affected
by the fact that it is taken when a ground for removal of a
commission member exists.
(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 this section, "Texas trade association" means a
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.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 108, Sec. 4, eff. Sept. 1,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1232, Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1232, Sec. 9, eff. September 1, 2007.
Sec. 444.007. RESPONSIBILITIES OF COMMISSION, EXECUTIVE DIRECTOR
AND STAFF. (a) The commission may employ an executive director.
The executive director shall hire the staff of the commission.
(b) The commission shall develop and implement policies that
clearly separate the policy-making responsibilities of the
commission and the management responsibilities of the executive
director and the staff of the commission.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 108, Sec. 5, eff. Sept. 1,
1995.
Sec. 444.008. MEETINGS. (a) The commission may meet at the
times and places within the state that the commission designates.
(b) The commission shall develop and implement policies that
provide the public with a reasonable opportunity to appear before
the commission and to speak on any issue under the jurisdiction
of the commission.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 108, Sec. 6, eff. Sept. 1,
1995.
Sec. 444.009. RULES. The commission may adopt rules to govern
itself, its officers, and its committees and may prescribe the
duties of its officers, consultants, and employees.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 444.010. EMPLOYMENT PRACTICES. (a) The executive director
or the executive director's designee shall develop an
intra-agency career ladder program that addresses opportunities
for mobility and advancement for employees within the commission.
The program must require intra-agency posting of all positions
concurrently with any public posting.
(b) 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
commission employees must be based on the system established
under this section.
(c) 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 the
requirements of Chapter 21, Labor Code;
(2) a comprehensive analysis of the commission's work force that
meets federal and state guidelines;
(3) procedures by which a determination can be made about the
extent of underuse in the commission work force of all persons
for whom federal or state guidelines encourage a more equitable
balance; and
(4) reasonable methods to address those areas of underuse
appropriately.
(d) A policy statement prepared under Subsection (c) must cover
an annual period, be updated annually and reviewed by the
Commission on Human Rights for compliance with Subsection (c)(1),
and be filed with the governor's office.
(e) The governor's office shall deliver a biennial report to the
legislature based on the information received under Subsection
(d). The report may be made separately or as a part of other
biennial reports made to the legislature.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 108, Sec. 7, eff. Sept. 1,
1995.
Sec. 444.011. STANDARDS OF CONDUCT. The executive director or
the executive director's designee shall provide to members of the
commission and to commission employees, as often as necessary,
information regarding their qualification for office or
employment under this chapter and their responsibilities under
applicable laws relating to standards of conduct for state
officers or employees.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 108, Sec. 8, eff. Sept. 1,
1995.
Sec. 444.012. 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.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 108, Sec. 9, eff. Sept. 1,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1232, Sec. 4, eff. September 1, 2007.
Sec. 444.013. ACCESSIBILITY. The commission 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
commission's programs and services.
Added by Acts 1995, 74th Leg., ch. 108, Sec. 11, eff. Sept. 1,
1995.
Sec. 444.014. TRAINING. (a) The commission shall establish a
training program for commission members.
(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 this
section.
(c) The training program must provide the person with
information regarding:
(1) the legislation that created the commission; its programs,
functions, rules, and budget;
(2) the results of the most recent formal audit of the
commission;
(3) the requirements of laws relating to open meetings, public
information, administrative procedure, and conflict of interest;
and
(4) 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.
Added by Acts 1995, 74th Leg., ch. 108, Sec. 11, eff. Sept. 1,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1232, Sec. 5, eff. September 1, 2007.
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.
Added by Acts 2007, 80th Leg., R.S., Ch.
1232, Sec. 6, eff. September 1, 2007.
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.
Added by Acts 2007, 80th Leg., R.S., Ch.
1232, Sec. 6, eff. September 1, 2007.
SUBCHAPTER B. POWERS AND DUTIES; FUNDING
Sec. 444.021. GENERAL DUTIES. (a) The commission shall:
(1) foster the development of a receptive climate for the arts
that will culturally enrich and benefit state citizens in their
daily lives;
(2) make visits and vacations to the state more appealing to the
world;
(3) attract, through appropriate programs of publicity and
education, additional outstanding artists to become state
residents;
(4) direct activities such as the sponsorship of lectures and
exhibitions and the central compilation and dissemination of
information on the progress of the arts in the state;
(5) provide advice to the comptroller, Texas Historical
Commission, Texas State Library, Texas Tourist Development
Agency, Texas Department of Transportation, and other state
agencies to provide a concentrated state effort in encouraging
and developing an appreciation for the arts in the state;
(6) provide advice relating to the creation, acquisition,
construction, erection, or remodeling by the state of a work of
art; and
(7) provide advice, on request of the governor, relating to the
artistic character of buildings constructed, erected, or
remodeled by the state.
(b) The commission shall not knowingly foster, encourage,
promote, or fund any project which includes obscene material as
defined in Section 43.21, Penal Code.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 108, Sec. 10, eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 165, Sec. 22(35), eff. Sept. 1,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 1.48, eff. September 1, 2007.
Sec. 444.022. GATHERING OF INFORMATION. The commission may
conduct research, investigations, and inquiries necessary to
inform the commission of the development of the arts in the
state.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 444.023. COMMITTEES; CONSULTANTS. (a) The commission may
appoint committees from its membership and prescribe their
duties.
(b) The commission may appoint consultants to the commission. In
appointing consultants, the commission shall attempt to achieve
representation from each geographic area of the state and from
the various racial and ethnic groups present in the state.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 444.024. GRANTS. (a) An applicant for a grant of money
from the commission shall specify in the grant application a
minimum and maximum amount of money requested.
(b) Before making a grant of money, the commission shall submit
the grant application to a panel of commission consultants for
its recommendations. The panel shall include in its
recommendations its determination of the reasonableness of the
proposed amounts of funding.
(c) The commission by rule shall adopt equitable procedures for
the distribution of grants to recipients who reflect the
geographical, cultural, and ethnic diversity of the state's
population.
(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.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1993, 73rd Leg., ch. 951, Sec. 2, eff. Sept. 1,
1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1232, Sec. 7, eff. September 1, 2007.
Sec. 444.025. DONATIONS; APPROPRIATIONS; LICENSING AND SALES
REVENUE; AUDIT. (a) The commission may accept on behalf of the
state donations of money, property, and art objects as it
determines best further the orderly development of the artistic
resources of the state. Money paid to the commission under this
chapter shall be deposited in the Texas Commission on the Arts
operating fund.
(b) The commission may solicit donations from an appropriate
source.
(c) The commission by rule shall establish an acquisition policy
for accepting property and art objects.
(d) The legislature may make appropriations to the commission to
carry out the purposes of this chapter.
(e) The commission may license for a fee the use of its name or
logo and any other artwork or graphics developed by the
commission to a private vendor for the promotion of the arts in
Texas, for fundraising for the commission, or for any other
lawful purpose of the commission. The commission shall require
that the use of the licensed property be consistent with the
mission of the commission. The licensing fees shall be deposited
in the Texas Commission on the Arts operating fund.
(f) The commission may purchase and resell such items described
in Subsection (e) as it determines appropriate for the promotion
of the arts in Texas, provided that the value of commission
inventory, as determined by generally accepted accounting
principles, shall not exceed $50,000 at the end of any fiscal
year. The net profits from those sales shall be deposited in the
Texas Commission on the Arts operating fund.
(g) The financial transactions of the commission are subject to
audit by the state auditor in accordance with Chapter 321,
Government Code.
(h) The commission shall prepare annually a complete and
detailed written report accounting for all funds received and
disbursed by the commission during the preceding fiscal year. The
annual report must meet the reporting requirements applicable to
financial reporting provided in the General Appropriations Act.
(i) All money paid to the commission under this chapter is
subject to Subchapter F, Chapter 404.
(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.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 584, Sec. 94, eff. Sept. 1,
1989; Acts 1993, 73rd Leg., ch. 951, Sec. 3, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 108, Sec. 12, eff. Sept. 1, 1995; Acts
1997, 75th Leg., ch. 346, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1232, Sec. 8, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
666, Sec. 1, eff. June 19, 2009.
Sec. 444.027. TEXAS COMMISSION ON THE ARTS OPERATING FUND. (a)
The Texas Commission on the Arts operating fund is a special fund
in the state treasury.
(b) Money deposited to the credit of the operating fund may be
appropriated only to carry out the commission's powers and duties
under this chapter and for necessary administrative costs
incurred by the commission under this chapter.
(c) The operating fund is exempt from the application of
Sections 403.095 and 404.071. Interest received from investments
of money in the operating fund shall be allocated monthly by the
comptroller to the operating fund.
Added by Acts 1993, 73rd Leg., ch. 951, Sec. 4, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.16, eff.
Sept. 1, 1997.
Sec. 444.029. EXPENDITURES FOR FINE ARTS PROJECTS ON CERTAIN
PUBLIC CONSTRUCTION PROJECTS. (a) Any using agency exempt from
Chapter 2166 under Section 2166.003 and any county, municipality,
or other political subdivision of this state undertaking a public
construction project estimated to cost more than $250,000 may
specify that a percentage not to exceed one percent of the cost
of the construction project shall be used for fine arts projects
at or near the site of the construction project.
(b) The using agency or the governing body of a political
subdivision may consult and cooperate with the commission for
advice in determining how to use the portion of the cost set
aside for fine arts purposes.
(c) The commission shall place emphasis on works by living Texas
artists whenever feasible and, when consulting with the governing
body of a political subdivision, shall place emphasis on works by
artists who reside in or near the political subdivision.
Consideration shall be given to artists of all ethnic origins.
(d) In this section, "construction," "cost of a project,"
"project," and "using agency" have the meanings assigned by
Section 2166.001.
Acts 1979, 66th Leg., p. 1908, ch. 773, Sec. 5.19, eff. Sept. 1,
1979. Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 8, Sec.
2.20, eff. Sept. 1, 1991. Redesignated from Vernon's Ann.Civ.St.
art. 601b, Sec. 5.19 and amended by Acts 1995, 74th Leg., ch. 41,
Sec. 2, eff. Sept. 1, 1995.
Sec. 444.030. MEMORANDA OF UNDERSTANDING WITH OTHER STATE
AGENCIES. (a) The commission shall initiate negotiations for
and enter into a memorandum of understanding with each state
agency involved in the arts to cooperate in program planning and
budgeting.
(b) The commission shall enter into an agreement as required by
Subsection (a) with the:
(1) Central Education Agency regarding the arts in education
program in the public schools;
(2) Music, Film, Television, and Multimedia Office in the
governor's office regarding work with the state's music and film
industries; and
(3) Texas Department of Commerce, Texas Department of
Transportation, and Parks and Wildlife Department regarding state
tourism promotion efforts.
(c) Each agency listed in Subsection (b) may enter into
memoranda of understanding in areas other than those listed for
the respective agency.
(d) A memorandum of understanding between the commission and
another state agency must be adopted by the governing bodies of
the commission and the other state agency.
(e) After a memorandum of understanding is adopted, the
commission shall publish the memorandum of understanding in the
Texas Register.
Added by Acts 1995, 74th Leg., ch. 108, Sec. 13, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 444.029 by Acts 1997,
75th Leg., ch. 165, Sec. 31.01(38), eff. Sept. 1, 1997.
Sec. 444.031. CULTURAL AND FINE ARTS DISTRICT PROGRAM. (a) The
commission shall develop a cultural and fine arts district
program to designate districts that significantly contribute to
the culture and fine arts of this state.
(b) The commission shall develop:
(1) eligibility criteria for a designation under this section;
and
(2) procedures to administer the program created under this
section.
Added by Acts 2005, 79th Leg., Ch.
219, Sec. 1, eff. September 1, 2005.
Sec. 444.032. TEXAS MUSIC PROJECT. (a) The commission shall
develop and implement a Texas music compact disc project under
which the commission shall create, promote, and distribute a
series of compact discs that feature the work of established and
emerging music artists of this state.
(b) The commission shall seek donations of time, talent, and
property from music artists and other persons to help facilitate
the project.
(c) All proceeds from the sale of compact discs under the
project shall be deposited in the Texas Commission on the Arts
operating fund under Section 444.027.
(d) In accordance with this chapter and commission policy, the
commission shall use part of the interest earned on the proceeds
of the project to fund grants of money that promote music
education through the commission's arts education grant program.
Added by Acts 2003, 78th Leg., ch. 686, Sec. 1, eff. June 20,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
666, Sec. 2, eff. June 19, 2009.