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


Office of House Bill AnalysisC.S.H.B. 2103
By: Pitts
State, Federal, & International Relations
44/16/1999
Committee Report (Substituted)



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. C.S.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.
C.S.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 is authorized to assign a place
designation to a municipality, county, or other location, the legislature
must be presented by persons supporting the designation with information
related to the historical or cultural significance of the event or location
to be designated, and documentation that a local chamber of commerce or a
locally elected governmental body representing a municipality, county, or
other location to be designated supports the designation.   

(e) Sets forth that a place designation expires on the 10th anniversary of
its designation. Provides that this subsection does not prevent the
legislature from redesignating a place designation during or after the
10-year period.  

(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
Texas State Library and Archives 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.  

SECTION 4.Emergency clause. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

This substitute differs from the original bill in SECTION 1 (proposed
Section 391.003, Government Code), to add a local chamber of commerce as an
entity that may provide the required documentation of local support
necessary to be eligible to receive a place designation from the
legislature. In addition, this substitute modifies proposed Subsection (e),
by removing the provision stating 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 during the last year of the 10-year period and request
the continuation of the designation. This substitute also deletes text
providing that in such an event, the event or location is considered to be
redesignated. The substitute adds new Subsection (e), setting forth that a
place designation expires on the 10th anniversary of its designation. It
also provides that this subsection does not prevent the legislature from
redesignating a place designation during or after the 10-year period.  

This substitute differs from the original bill in SECTION 3 by deleting
Section 391.003(e), as added by this Act, as an exception, when specifying
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.