CHAPTER 444. TEXAS COMMISSION ON THE ARTS

GOVERNMENT CODE

TITLE 4. EXECUTIVE BRANCH

SUBTITLE D. HISTORY, CULTURE, AND EDUCATION

CHAPTER 444. TEXAS COMMISSION ON THE ARTS

SUBCHAPTER A. GENERAL PROVISIONS AND ADMINISTRATION

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.