HBA-CMT, JEK H.B. 1059 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1059
By: Pitts
State, Federal & International Relations
6/14/2001
Enrolled



BACKGROUND AND PURPOSE 

As of the convening of the 77th Legislature, Texas had more state symbols
designated by the legislature than any other state, which may have led to
confusion as to what constitutes a state symbol or place designation.  In
addition, a  completed list of symbols and place designations had not been
certified by a centrally accepted process.  House Bill 1059 provides that
the legislature must specify an item's historical or cultural significance
to the state before designating the item as a state symbol.  

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. 

ANALYSIS

House Bill 1059 amends the Government Code to provide that the legislature
must specify an item's historical or cultural significance to the state
before designating the item as a state symbol.  The bill prohibits the
legislature from designating as a state symbol a commercial product, an
individual, an event, or a place. 

H.B. 1059 prohibits the legislature from assigning the same place
designation to more than one event or location.  The bill also prohibits
the legislature from assigning more than one place designation to any
municipality, county, or other location, but does not prohibit the
legislature from assigning more than one place designation within a county. 

The bill provides that before the legislature may assign a place
designation, the legislature must be presented with information supporting
the designation.  The bill specifies that a place designation expires on
the 10th anniversary of its designation and that the legislature is
authorized to redesignate a place designation during or after the 10-year
period.   

H.B.1059 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.  The bill applies only to a state symbol or
place designation that is made by the legislature by resolution and
approved by each house of the legislature and does not affect the
designation of a state symbol or a place made by resolution before
September 1, 2001 or by statute. 

EFFECTIVE DATE

September 1, 2001.