Law:Title 4. Executive Branch. Subtitle D. History, Culture, And Education from Chapter 444. Texas Commission On The Arts (Texas)

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Subtitle D. History, Culture, And Education

Contents

Chapter 444. Texas Commission On The Arts

Subchapter A. General Provisions And Administration

Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section 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.



Section  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.



Section  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.



Section 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.



Section 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

Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section  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.



Section 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.



Section  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.


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