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.