HBA-DMD H.B. 1644 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1644
By: Chavez
State, Federal, & International Relations
3/24/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 1644 establishes the duties of the Texas State Library and Archives
Commission (commission). This bill authorizes the commission to accept a
donation of a music or film artifact from a state agency, political
subdivision, or other entity and to cooperate with private entities. It
authorizes the commission to adopt rules establishing standards and
procedures for the protection, maintenance, and storage of music and film
artifacts. H.B. 1644 also requires a state agency or political subdivision
to cooperate with the commission in its attempt to acquire, collect,  and
maintain music and film artifacts. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas State Library and Archives
Commission in SECTION 1 (Section 441.173, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 441, Government Code, by adding Subchapter K, as
follows: 

SUBCHAPTER K. PRESERVATION AND MANAGEMENT OF 
STATE MUSIC AND FILM ARTIFACTS

Sec. 441.171. DEFINITIONS. Defines "commission," "music and film artifact,"
and "state agency." 

Sec. 441.172. DUTIES. Specifies the duties of the Texas State Library and
Archives Commission (commission). Authorizes the commission to accept a
donation of a music or film artifact from a state agency, political
subdivision, or other entity. Authorizes the commission to cooperate with
private entities in accomplishing the purposes of this subchapter. 

Sec. 441.173. PROTECTION, MAINTENANCE, AND STORAGE; RULES. Authorizes the
commission to adopt rules establishing standards and procedures for the
protection, maintenance, and storage of music and film artifacts. 

Sec. 441.174. COOPERATION BY OTHER STATE AGENCIES OR POLITICAL
SUBDIVISIONS. (a) Requires a state agency or political subdivision to
cooperate with the commission to implement the purposes of this subchapter. 

(b) Requires the commission to enter into a memorandum of understanding
(memorandum) with each state agency or political subdivision cooperating
with the commission under Subsection (a). 

(c) Requires the commission to provide each memorandum to the secretary of
state for publication in the Texas Register. 

SECTION 2.Effective date: September 1, 1999.
 
SECTION 3.Emergency clause.