HBA-DMD H.B. 2103 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2103
By: Pitts
State, Federal, & International Relations
4/4/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas has more state symbols designated by the Legislature than
any other state, which has led to confusion over what constitutes a state
symbol or place designation. Additionally, the completed list of symbols
has not been certified by a centrally accepted process. H.B. 2103 provides
that the legislature must specify an item's historical or cultural
significance to the state before designating the item as a state symbol.
This bill specifies symbols that the legislature is prohibited from
designating as a state symbol. It also prohibits the legislature from
assigning the same place designation to more than one event or location.
H.B. 2103 additionally prohibits the legislature from assigning more than
one place designation to any municipality, county, or other location. This
bill also requires the Texas State Library and Archives Commission to
prepare and make available to the public a complete list of every state
symbol and place designation. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS


SECTION 1.  Amends Title 3, Government Code, by adding Subtitle Z, as
follows: 

SUBTITLE Z. MISCELLANEOUS PROVISIONS

CHAPTER 391. RESOLUTIONS FOR STATE SYMBOLS
AND PLACE DESIGNATIONS

Sec. 391.001. EFFECT OF CHAPTER. Sets forth that this chapter governs the
designation of state symbols and place designations that is made by the
legislature by resolution and approved by each house of the legislature.
Sets forth that this chapter does not affect the designation of a state
symbol or a place designation made by statute.  

Sec. 391.002. STATE SYMBOLS. Provides that the legislature must specify an
item's historical or cultural significance to the state before designating
the item as a state symbol. Specifies symbols that the legislature is
prohibited from designating as a state symbol. Provides that in order to be
effective, a resolution proposing designation of an object as a state
symbol must be referred to and reported by the appropriate committee in
each house in the manner provided for bills.  

Sec. 391.003. PLACE DESIGNATIONS. (a) Defines "place designation" in this
section. 
 
(b) Prohibits the legislature from assigning the same place designation to
more than one event or location.  

(c) Prohibits the legislature from assigning more than one place
designation to any municipality, county, or other location. Sets forth that
this subsection does not prohibit the legislature from assigning more than
one place designation within a county.  
 
(d) Provides that, before the legislature may assign a place designation to
a municipality, county, or other location, the legislature must be
presented with certain information by persons supporting the designation.  

(e) Sets forth that a place designation expires on the 10th anniversary of
its designation or redesignation unless persons supporting the continuation
of the designation contact the Texas State Library and Archives Commission
(commission) during the last year of the 10-year period and request the
continuation of the designation. Provides that in that event, the event or
location is considered to be redesignated.  

(f) Provides that in order to be effective, a resolution proposing a place
designation must be referred to and reported by the appropriate committee
in each house in the manner provided for bills.  

SECTION 2.  Amends Section 441.006(a), Government Code, to require the
commission to   prepare and make available to the public a complete list of
every state symbol and place designation, including state symbols and place
designations made in accordance with Chapter 391. 
 
SECTION 3.Effective date: September 1, 1999.
Sets forth that Chapter 391, Government Code, as added by this Act, applies
only to a state symbol or place designation adopted by the legislature
after the effective date of this Act, except that Section 391.003(e),
Government Code, as added by this Act, applies to a place designation
assigned by the legislature before the effective date.  

SECTION 4.Emergency clause.