TITLE 106. PATRIOTISM AND THE FLAG Art. 6139a. Description of the state flag. (a) The state flag is the 1839 national flag of the Republic of Texas. (b) The state flag consists of a rectangle with a width to length ratio of two to three containing: (1) a blue vertical stripe one-third the entire length of the flag wide, and two equal horizontal stripes, the upper stripe white, the lower red, each two-thirds the entire length of the flag long; and (2) a white, regular five-pointed star in the center of the blue stripe, oriented so that one point faces upward, and of such a size that the diameter of a circle passing through the five points of the star is equal to three-fourths the width of the blue stripe. (c) The red, white, and blue of the state flag stand, respectively, for bravery, purity, and loyalty. (d) The red and blue colors of the state flag are the same colors used in the United States flag and are defined as numbers 80108 (red) and 80075 (dark blue) of The Standard Color Reference of America, 10th edition. (e) When displayed permanently mounted on a staff, as for indoor or parade use, the state flag may be decorated with gold fringe and its staff with gold cords and tassels. (f) When the state flag is displayed on a staff, the staff should be at least 2- 1/2 times as long as the flag's hoist, and the state flag should be attached to the staff's peak. The staff's finial should be either a lone star or a spearhead. (g) The governor may prescribe additional rules with respect to the description of the state flag. The governor shall set forth any alterations or additional rules in an executive order published in the Texas Register. Added by Acts 1993, 73rd Leg., ch. 300, Sec. 1, eff. Aug. 30, 1993. Art. 6139b. Pledge of allegiance to the state flag. (a) The pledge of allegiance to the state flag is, "Honor the Texas flag; I pledge allegiance to thee, Texas, one and indivisible." (b) The pledge of allegiance to the state flag should be rendered by all present except those in uniform by standing at attention facing the flag with the right hand over the heart. Individuals who are not in uniform and who are wearing a headdress that is easily removeable should remove their headdress with their right hand and hold it at the left shoulder, with the hand over the heart. Individuals in uniform should remain silent, face the flag, and render the military salute. (c) The pledge of allegiance to the state flag may be recited at all public and private meetings at which the pledge of allegiance to the United States flag is recited and at state historical events and celebrations. (d) The pledge of allegiance to the state flag should be recited after the pledge of allegiance to the United States flag if both are recited. Added by Acts 1993, 73rd Leg., ch. 300, Sec. 2, eff. Aug. 30, 1993. Art. 6139c. Texas Flag Code. Sec. 1. This article may be cited as the Texas Flag Code. Sec. 2. The rules set out by Section 3 of this article govern the use of the state flag in this state. Sec. 3. (a) The state flag normally should not be displayed outdoors earlier than sunrise or later than sunset. However, when a patriotic effect is desired, the state flag may be displayed 24 hours a day if properly illuminated during the hours of darkness or may be displayed under the same circumstances as the United States flag may be displayed. (b) The state flag should be hoisted briskly and lowered ceremoniously. (c) The state flag should not be displayed on days when the weather is inclement unless a weatherproof flag is displayed. (d) The state flag should be displayed on all state holidays and on special occasions of historical significance. Texas Flag Day shall be celebrated on March 2, Texas Independence Day. (e) The state flag should be displayed daily on or near the main administration building of every state institution. (f) The state flag, when carried in a procession with another flag or flags except the United States flag, should be either on the marching right, that is, the state flag's right, or, if there is a line of other flags, in front of the center of that line. When the state flag is carried in a procession in which the United States flag is carried, the United States flag should be on the marching right, that is, the United States flag's right, and the state flag should be on the United States flag's left. (g) The state flag should not be displayed on a float in a parade except from a staff or as provided in Subsection (o) of this section. (h) The state flag should not be draped over the hood, top, side, or back of any vehicle, railroad train, boat, or aircraft. When the state flag is displayed on a motor vehicle, the staff should be fixed firmly to the chassis or clamped to the right fender. If the United States flag is also displayed, its staff should be clamped to the right fender, and the state flag's staff should be clamped to the left fender. (i) No flag or pennant other than the United States flag should be placed above or, if on the same level, to the state flag's right, that is, the observer's left. When the state and United States flags are displayed at the same time, they should be flown on flagpoles of the same height, and the flags should be of approximately equal size. The United States flag should be displayed to the United States flag's right, that is, the observer's left. However, when it is necessary for the state and United States flags to be flown from the same flagpole, the state flag should be displayed underneath the United States flag. When the state flag is displayed on a separate flagpole from the United States flag, the state flag should be hoisted after the United States flag is hoisted and lowered before the United States flag is lowered. (j) When the state flag is displayed with another flag, other than the United States flag, against a wall from crossed staffs, the state flag should be on the state flag's right, that is, the observer's left, and its staff should be in front of the staff of the other flag. When the state and United States flags are displayed against a wall from crossed staffs, the state flag should be on the United States flag's left, that is, the observer's right, and behind the staff of the United States flag. (k) The state flag should be at the center and at the highest point of a group when a number of flags or pennants of municipalities, localities, organizations, or corporations are grouped and displayed from staffs. (l) When flags or pennants of municipalities, localities, organizations, or corporations are flown on the same halyard with the state flag, the latter should always be at the peak. When the flags are flown from adjacent staffs, the state flag should be hoisted first and lowered last. Those flags or pennants may not be placed above the state flag or to the state flag's right, that is, the observer's left. (m) When the state flag is displayed with the flags of other states of the United States, nations other than the United States, and international organizations, the state flag should be displayed on the state flag's right, that is, the observer's left, on a separate flagpole or staff. This subsection does not apply to the United States or any agency of the United States, including the armed services, when federal law, custom, or practice dictates otherwise. The state flag should not be displayed above the flags of other states of the United States, nations, and international organizations on the same flagpole, and the state flag should not be displayed from a higher flagpole or staff. (n) When the state flag is displayed from a staff projecting horizontally or at an angle from a windowsill, balcony, or front of a building, the top of the flag should be placed at the peak of the staff unless the flag is at half-staff. When the state flag is suspended over a sidewalk from a rope extending from a house to a pole at the edge of the sidewalk, the flag should be hoisted out, white stripe first, from the building. (o) When the state flag is displayed horizontally, the white stripe should be uppermost and to the state flag's left, that is, to the observer's right. When displayed in a window, the state flag should be displayed in the same way, with the blue stripe to the left of an observer who is outside the window. When the state flag is displayed vertically, the blue stripe should be uppermost and the white stripe should be to the state flag's right, that is, to the observer's left. (p) When the state flag is displayed over the middle of a street, it should be suspended vertically with the blue stripe uppermost and the white stripe to the north in an east and west street, or with the white stripe to the east in a north and south street. (q) When used on a speaker's platform, the state flag, if displayed flat, should be displayed above and behind the speaker. If both the state and United States flags are displayed on a speaker's platform at the same time, the state flag should be on the state flag's left, that is, the observer's right, while the United States flag should be on the United States flag's right, that is, the observer's left. (r) The state flag should form a distinctive feature of the ceremony of unveiling a statue or monument, but it should never be used as the covering for the statue or monument. (s) The state flag, when flown at half-staff, should be first hoisted to the peak of the flagpole for an instant and then lowered to the half-staff position. The state flag should be again raised to the peak before it is lowered for the day. On Memorial Day the state flag should be displayed at half-staff until noon only, then raised to the peak of the flagpole. By order of the governor, the state flag shall be flown at half-staff on the death of an individual as a mark of respect to the individual's memory. (t) When the state flag is used to cover a casket, it should be so placed that the blue stripe is at the head and the white stripe is over the left shoulder, that is, the observer's right. The state flag should not be lowered into the grave or allowed to touch the ground. (u) When the state flag is suspended across a corridor or lobby in a building with only one main entrance, it should be suspended vertically with the white stripe of the flag to the observer's left on entering. If the building has more than one main entrance, the state flag should be suspended vertically near the center of the corridor or lobby with the white stripe to the north, when entrances are to the east and west, or to the east, when entrances are to the north and south. If there are entrances in more than two directions, the white stripe should be to the east. (v) The state flag should not be dipped to any person or thing except as a mark of honor for the United States flag. (w) When the state flag is displayed from a flagpole or staff, the white stripe should always be at the top of the flag, except as a signal of dire distress in instances of extreme danger to life or property. (x) The state flag should not touch anything beneath it, such as the ground or the floor, and should not trail in water. (y) The state flag should, when practicable, not be carried flat or horizontally, but aloft and free. (z) The state flag should not be used as bedding or drapery. It should not be festooned, drawn back, or up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used instead of the state flag for covering a speaker's desk, for draping the front of a platform, and for decoration in general. (aa) The state flag should not be fastened, displayed, used, or stored in a manner that it can be easily torn, soiled, or damaged in any way. (bb) The state flag should not be used as a covering for a ceiling. (cc) The state flag should not have placed on any part of it, or attached to it, any mark, insignia, letter, word, figure, design, picture, or drawing of any nature. (dd) The state flag should not be used as a receptacle for receiving, holding, carrying, or delivering anything. (ee) Advertisements should not be fastened to a staff or halyard from which the state flag is flown. (ff) The state flag, when it is in such a condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning. (gg) During the ceremony of hoisting or lowering the state flag or when the state flag is passing in a parade or in review, all individuals present except those in uniform should face the state flag and stand at attention with the right hand over the heart. Those present in uniform should render the military salute. When not in uniform, individuals who are wearing a headdress that is easily removeable should remove their headdress with their right hand and hold it at the left shoulder, with the hand over the heart. Individuals who are not citizens of this state should stand at attention. The salute to the state flag in a moving column should be rendered at the moment the state flag passes. Sec. 4. The governor may alter, modify, or repeal any rule relating to the display of the state flag set forth in Section 3 or may prescribe additional rules with respect to the display of the state flag. The governor shall set forth any alterations or additional rules in an executive order published in the Texas Register. Sec. 5. (a) A governmental subdivision or agency may not enact or enforce a law that prohibits: (1) the display of a municipal flag, the state flag, the flag of another state of the United States, the United States flag, or the flag of a nation other than the United States; or (2) any conduct covered by this article. (b) This section does not apply to an action by a governmental subdivision or agency to enact or enforce a law established to protect the public health and safety. Added by Acts 1993, 73rd Leg., ch. 300, Sec. 3, eff. Aug. 30, 1993. Art. 6139d. Flag of the governor. The governor may adopt a flag for the governor's official use. The governor shall set forth the description of the flag in an executive order published in the Texas Register. Added by Acts 1993, 73rd Leg., ch. 300, Sec. 4, eff. Aug. 30, 1993. Art. 6139e. State song. (a) The state song is "Texas, Our Texas" by William J. Marsh and Gladys Yoakum Wright: Texas, our Texas! All hail the mighty State! Texas, our Texas! So wonderful so great! Boldest and grandest, Withstanding ev'ry test; O Empire wide and glorious, You stand supremely blest. Refrain God bless you Texas! And keep you brave and strong, That you may grow in power and worth, Thro'out the ages long. Texas, O Texas! Your freeborn single star, Sends out its radiance to nations near and far. Emblem of freedom! It sets our hearts aglow, With thoughts of San Jacinto and glorious Alamo. Refrain Texas, dear Texas! From tyrant grip now free, Shines forth in splendor your star of destiny! Mother of heroes! We come your children true, Proclaiming our allegiance, our faith, our love for you. Refrain (b) During the rendition of the state song when the state flag is displayed, all individuals present except those in uniform should stand at attention facing the state flag with the right hand over the heart. Those present in uniform should render the military salute at the first note of the state song and retain this position until the last note. When not in uniform, individuals who are wearing a headdress that is easily removeable should remove their headdress with their right hand and hold it at the left shoulder, with the hand over the heart. Individuals who are not citizens of this state should stand at attention. (c) When the state flag is not displayed, those present should face toward the music and act in the same manner as they would if the state flag were displayed there. (d) The state song should be rendered after the national anthem if both are rendered. Added by Acts 1993, 73rd Leg., ch. 300, Sec. 5, eff. Aug. 30, 1993. Art. 6139f. State seal; state arms. (a) The state seal is as provided by Article IV, Section 19, of the Texas Constitution. (b) The reverse of the state seal contains a shield, displaying a depiction of the Alamo, the cannon of the Battle of Gonzales, and Vince's Bridge. The shield is encircled by live oak and olive branches, and the unfurled flags of the Kingdom of France, the Kingdom of Spain, the United Mexican States, the Republic of Texas, the Confederate States of America, and the United States of America. Above the shield is emblazoned the motto, "REMEMBER THE ALAMO," and beneath it are the words, "TEXAS ONE AND INDIVISIBLE," with a white five-pointed star hanging over the shield, centered between the flags. (c) The state arms are a white star of five points, on an azure ground, encircled by olive and live oak branches. (d) The secretary of state, by rule, shall adopt standard designs for the state seal, the reverse of the state seal, and the state arms. (e) A law that requires the use of the state seal does not require the use of the state arms or the reverse of the state seal. Added by Acts 1993, 73rd Leg., ch. 300, Sec. 6, eff. Aug. 30, 1993. Art. 6143. State tree. The Pecan Tree shall be the State tree of Texas and it shall be the duty of the State Board of Control and the State Parks Board to give due consideration to the Pecan Tree when planning beautification of State Parks or other public property belonging to the State. Acts 1919, p. 155. Amended by Acts 1927, 40th Leg., p. 234, ch. 161, Sec. 1. Art. 6143.1. Thrashing pecans; penalty. Sec. 1. Wherever the term thrash is used herein, it shall mean to beat or strike with a stick or other object. Sec. 2. It is unlawful for any person to thrash pecans from any pecan tree or cause pecans to fall from the tree by any means other than the fall caused by nature, unless: (1) the tree is located on land owned by the person doing the thrashing; or (2) in case the tree is located on privately-owned land, he has the written consent of the owner or lessee or his authorized agent; or (3) in case the tree is located on land owned by the state, a county, a city, a school district, or another district or political subdivision of the state, he has the written consent of an officer or agent of the agency or political subdivision controlling the property or, if the land is within the boundaries of an incorporated city, the written consent of the mayor, or, if the land is not within the boundaries of any incorporated city, the county judge of the county. Sec. 3. A person who violates any provision of this Act is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $5 nor more than $300 or by confinement in the county jail for not more than three months, or both. Acts 1971, 62nd Leg., p. 1289, ch. 331, eff. Aug. 30, 1971. Art. 6143a. State motto. Be it Resolved, By the House of Representatives, the Senate concurring, that the word "Friendship" be and is hereby adopted and declared to be the motto of the State of Texas. Acts 1930, 41st Leg., 4th C.S., p. 105, H.C.R. No. 22. Art. 6143b. State song. Resolved by the Senate, of the State of Texas, the House of Representatives concurring: That, "Texas, Our Texas" by William J. Marsh and Gladys Yoakum Wright be adopted as the State Song for the State of Texas. Acts 1929, 41st Leg., 1st C.S., p. 286, S.C.R. No. 6. Art. 6143bb. State Flower Song. Resolved by the House of Representatives, the Senate concurring, That it adopt the Bluebonnet song as the State Flower Song. Acts 1933, 43rd Leg., p. 930, H.C.R. No. 24. Art. 6143c. State bird. Resolved by the Senate of the State of Texas, the House of Representatives concurring: That the recommendations of the Texas Federation of Women's Clubs be and are hereby adopted and that the mocking bird be and the same is hereby declared to be the state bird of Texas. Acts 1927, 40th Leg., p. 486, S.C.R. No. 8. Art. 6143d. State plays. Sec. 1. The legislature finds that: (1) the historic battles of San Jacinto, Goliad, and the Alamo that led to the independence of Texas are portrayed faithfully and artistically at Galveston Island State Park in the play, The Lone Star; (2) the lives of early settlers of the Panhandle of Texas are portrayed colorfully and creatively each year at the Palo Duro Canyon State Park in the play, Texas; (3) the relationship between early settlers of East Texas, especially General Sam Houston and the Alabama-Coushatta Indians, is portrayed historically and excitingly at the Alabama-Coushatta Indian Reservation in the play, Beyond the Sundown; and (4) the founding of Fort Griffin and the lives of the settlers of Shackelford County and Albany, Texas, during the 1870s and 1880s are depicted during the last two weeks in June annually in Shackelford County in the play, Fandangle. Sec. 2. The Lone Star presented in Galveston Island State Park, Texas presented in the Palo Duro Canyon State Park, Beyond the Sundown presented at the Alabama-Coushatta Indian Reservation, and Fandangle presented in Shackelford County are designated official plays of the State of Texas. Acts 1979, 66th Leg., p. 711, ch. 310, eff. Aug. 27, 1979. Art. 6144a. Texas week. Therefore, be it resolved, that the Senate of Texas, the House of Representatives concurring therein, does here and now approve this Resolution and set apart annually the entire week in which March the Second comes as a season to be known as Texas Week; and by this action of the Legislature His Excellency, the Governor of Texas, is hereby vested with the power and is besought to issue and to publish annually his proclamation outlining the purpose and the spirit of Texas Week and urging every citizen of this State to exalt and extol the highest and the best cultural and spiritual values of Texas throughout Texas Week; and Be it further resolved, that it is now and ever shall be in direct violation of the purpose and spirit of Texas Week to observe it as a season of holidays; and the Legislature of the State of Texas does affirm that, under no condition, is Texas Week to be looked upon as a week of holidays; but on the other hand and quite to the contrary, it is hereby alleged that during Texas Week every citizen of this State is encouraged to work, insofar as he is able, and to do his work a bit better than he does it during other weeks of the year; and Therefore, be it further resolved, that the Legislature by this Resolution does urge His Excellency, the Governor of Texas, to suggest to the citizens of this State in his annual proclamations that they observe the following forms of activity, and from time to time such other forms of observance that he may deem wise, insofar as his suggestions do not conflict with the purpose and spirit of Texas Week as outlined in this Resolution: First, it is enjoined that every home; every office, place of business and industry; every school, parochial, private, or public; every college and university; and all institutions of whatever class or character, educational or eleemosynary, be requested through this Resolution and the annual proclamations of the Governor of Texas to hoist a Texas Flag from some prominent point of vantage and let it be unfurled each day during Texas Week; and Second, it is now and ever shall be expected that all teachers and pupils in every school of whatever class or classification shall observe Texas Week appropriately in general assemblies, in classes, clubs, and in any and all other groups as they may be assembled for school work; that schools be encouraged to assemble exhibits of Texas products, pictures, relics, books and documents, and hang in permanent places pictures of famous heroes of Texas; that schools which are in reach of battle fields, missions, and other places of historical interest and importance are hereby encouraged to make patriotic pilgrimages to such places of fame during Texas Week; but it is understood that no school is to celebrate Texas Week as a season of holidays. On the other hand, better work shall be expected of all schools throughout Texas Week; and Third, it is enjoined upon commerce and industry, professional life and activity, civic activity, and every other kind of occupational pursuit, in which Texas citizens may be engaged, that they recognize and observe Texas Week in a fitting manner. To this end it is recommended that courts in session, luncheon clubs, women's organizations, churches, conventions, lodges, and the Legislature when in session, all departments of government, city, county, and State; and any and every other group of citizens for whatever purpose they may be assembled, be urged now and ever in the future to observe Texas Week appropriately by rendering programs in keeping with the purpose and spirit of this occasion as set forth in this Resolution; and Fourth, that every citizen, old or young, within the borders of this great State be urged now and ever in the future, by this Act of the Legislature and in accordance with the proclamations of the Governor of Texas issued and published annually to be seen and read by all citizens of Texas, to exalt and extol the cultural and spiritual values which we cherish so fondly; the blessed and romantic traditions of our glorious history; the high standards and lofty ideals of statesmanship, of scholarship, of leadership, of character, and of service which our forefathers gave to us as our rare and rich heritage, and to give thanks for this marvelous inheritance as we faithfully and conscientiously observe Texas Week. Acts 1932, 42nd Leg., 3rd C.S., p. 131, S.C.R. No. 8. Art. 6144cc. Audit of expenditures. It is hereby declared the intention of the Legislature that an audit be made of the expenditure of the funds appropriated under the provisions of House Bill No. 11, Acts of the Regular Session of the Forty-fourth Legislature, and all funds appropriated hereby. Said audit shall be made by the State Auditor or under his direction. It shall be the duty of such Auditor or those working under his direction to make such audit of the expenditure of funds appropriated under the provisions of House Bill No. 11, Acts of the Regular Session of the Forty-fourth Legislature and hereby appropriated as soon as practicable, and furnish the Legislature with a copy of said report. There is hereby appropriated out of the unexpended balance of said funds One Thousand ($1,000.00) Dollars or so much as may be necessary for the purpose of making such audit. Acts 1937, 45th Leg., p. 641, ch. 314, Sec. 4. Art. 6144d. Texas conservation and beautification week. Resolved, by the Senate of the State of Texas, the House of Representatives concurring, that Texas Conservation and Beautification Week be observed each year at that time which shall include April twenty-first, San Jacinto Day, and April twenty-fourth, National Wildflower Day, said week beginning two days before the twenty-first of April and ending two days after April twenty-fourth, and that said week shall be observed so that it contributes to the conservation and beautification of the State and to the happiness and lasting benefit of its people, thus making known, enforcing and teaching respect for the written and unwritten conservation laws of our country thus showing our respect and appreciation for all that is ours to cherish while we live and should preserve for posterity here where "The heavens declare the glory of God and the firmament showeth His handiwork." Acts 1935, 44th Leg., p. 1275, S.C.R. No. 28. Art. 6144e. Advertising resources of Texas. Secs. 1, 2. Repealed by Acts 1963, 58th Leg., p. 370, ch. 137, Sec. 5. Sec. 3. Duties of the Texas Department of Transportation. (a)(1) For the purpose of dissemination of information relative to highway construction, repair, maintenance, and upkeep, and for the purpose of advertising the highways of this state and attracting traffic thereto, the Texas Department of Transportation is empowered to compile and publish for distribution such pamphlets, bulletins, and documents as it will deem necessary and expedient for informational and publicity purposes concerning the highways of the state, and with respect to public parks, recreational grounds, scenic places, and other public places and scenic areas or objects of interest, data as to distances, historical facts, and other items or matters of interest and value to the general public and road users; and said Department is authorized and empowered to make or cause to be made from time to time a map or maps showing thereon the highways of the state and the towns, cities, and other places of interest served and reached by said highways, and may cause to be printed, published, and prepared in such manner or form as the Department may deem best, all of such information and data and provide for the distribution and dissemination of the same in such manner and method and to such extent as in the opinion of the Department will best serve the motoring public and road users. (2)(A) Single copies of pamphlets, documents, maps, and other travel materials distributed by the Department under Subdivision (1) of this subsection shall be provided free of charge, provided that the Department by rule may require payment for large quantities of such materials in an amount sufficient to recover its direct and indirect production costs and authorize the free distribution of multiple copies if such distribution will maximize the resources of the Department that are available to advertise the highways of the state and to promote travel to and within the state. Money paid to the Department under this subdivision shall be deposited in the state treasury to the credit of the State Highway Fund to be used by the Department in the production of travel materials. Sections 403.094(h) and 403.095, Government Code, do not apply to funds deposited in the State Highway Fund under this subdivision. (B) If the provisions of Paragraph (A) of this subdivision conflict with the provisions of a license agreement under Article 6673a-4, Revised Statutes, the license agreement shall prevail to the extent of that conflict. (3) The Department shall maintain and operate Travel Information Centers at the principal gateways to Texas for the purpose of providing road information, travel guidance, and various descriptive materials, pamphlets, and booklets designed to furnish aid and assistance to the traveling public and stimulate travel to and within Texas. (4) The Department is authorized and empowered to pay the cost of all administration, operation, and the cost of developing and publishing various material and the dissemination thereof, including the cost of operating Travel Information Centers from highway revenues. The Department is further empowered to receive and administer a legislative appropriation from the general fund for the specific purpose of purchasing advertising space in periodicals of national circulation, and/or time on broadcasting facilities. (5) The Department shall have the power to enter into contracts with a recognized and financially responsible advertising agency, having a minimum of five years of experience in handling accounts of similar scope, and for the contracting of space in magazines, papers, and periodicals for the publication of such advertising information, historical facts, statistics and pictures as will be useful and informative to persons, and corporations outside the State of Texas, and shall have the power to enter into contracts with motion picture producers and others for the taking of moving or still pictures in the state, and provide for the showing of the films when taken, and the Department may join with other governmental departments of the state in publishing such informational publicity matter. (b) The Texas Department of Transportation may accept contributions for the above purposes from private sources, which funds may be deposited in a bank or banks to be used at the discretion of the Department in compliance with the wishes of the donor. (c) The Texas Department of Transportation may contract with private entities for the production, marketing, and distribution of pamphlets, bulletins, documents, and other travel materials published under Subsection (a) of this section on terms and conditions considered by the department to be beneficial to the state, including terms providing cost savings. A contract may include cooperative strategies considered by the department to be cost-beneficial and provide for the acceptance of paid advertising in the travel materials if the quality and quantity of the travel materials is maintained. (d) The Texas Department of Transportation may sell promotional items such as calendars, books, prints, caps, light clothing, or other items approved by the Texas Transportation Commission as advertising the resources of Texas. All proceeds from the sale of the items shall be deposited in the state treasury to the credit of the State Highway Fund for the use of the department in its travel and information operations. Sections 403.094(h) and 403.095, Government Code, do not apply to funds deposited in the State Highway Fund under this subsection. (e) The Texas Department of Transportation shall publish the official travel magazine of the State of Texas, Texas Highways, and shall set subscription rates and other charges for the magazine at a level that will generate receipts approximately sufficient to cover the costs incurred in the production and distribution of the magazine. Sec. 3(c), (d) added by Acts 1991, 72nd Leg., ch. 837, Sec. 1, eff. Aug. 26, 1991; Sec. 3 amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(18), eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg., ch. 431, Sec. 2, eff. Aug. 28, 1995. Sec. 4. Disclosure of Texas Highways Subscriber Information or Purchaser Information. (a) Except as provided by this section or a rule adopted by the Texas Transportation Commission under this section, the Texas Department of Transportation may not disclose to any person the name, address, telephone number, social security account number, driver's license number, bank account number, credit or debit card number, or charge number of a person who: (1) is or has been a subscriber to Texas Highways magazine; or (2) has purchased from the department a promotional item described by Section 3(d) of this article. (b) Chapter 552, Government Code, does not apply to subscriber or purchaser information described by Subsection (a) of this section. (c) The Texas Transportation Commission by rule shall establish policies relating to: (1) the release of subscriber or purchaser information; (2) the use by the department of subscriber and purchaser information; and (3) the sale of a mailing list containing the names and addresses of subscribers or purchasers. (d) The policies must: (1) include a method by which a subscriber or purchaser may require the department to exclude information about the person from a mailing list that is sold; and (2) provide that subscriber or purchaser information be disclosed to an agency of this state or the United States only if the agency certifies that the information is necessary for the performance of the agency's duties. (e) The department is immune from civil or criminal liability if the department commits an unintentional violation of this section or a rule adopted under this section. (f) In this section, a reference to the department includes an officer, employee, or agent of the department. Sec. 4 added by Acts 1997, 75th Leg., ch. 471, Sec. 1, eff. Sept. 1, 1997. Acts 1959, 56th Leg., p. 431, ch. 193. Amended by Acts 1963, 58th Leg., p. 370, ch. 137, Sec. 5, eff. Aug. 23, 1963. Art. 6144h. Texas Distinguished Service Medal. Sec. 1. Creation. There is hereby created a medal to be known as the Texas Distinguished Service Medal. Sec. 2. Purpose. The award of the Texas Distinguished Service Medal shall be made in recognition of persons who reside in Texas and who have achieved such conspicuous success while rendering outstanding service to the State of Texas and its citizens as to reflect great credit not only upon themselves, but upon their profession and the State of Texas as a whole. Sec. 3. Awards Committee. (a) A committee to be known as the Texas Distinguished Service Awards Committee shall be appointed by the Governor with the advice and consent of the Senate to consider and approve or reject, by majority vote, recommendations for the award of the Texas Distinguished Service Medal. (b) The committee shall consist of six members appointed for terms of six years. The initial appointments to the committee shall be made so that two members serve until January 31, 1971, two members serve until January 31, 1973, and two members serve until January 31, 1975. Thereafter members shall serve terms of six years. (c) The committee shall select one of its members to act as chairman of the committee for a term of one year, or until his successor is selected and has qualified. (d) Vacancies on the committee shall be filled by appointment of the Governor with the advice and consent of the Senate, for the remainder of the term. (e) Members of the committee shall serve without pay but shall be entitled to reimbursement for actual and necessary expenses incurred in the performance of their duties. (f) No more than five persons shall be eligible to receive the decoration in any one calendar year, except that in exceptional circumstances, additional decorations may be awarded by the Governor if authorized by concurrent resolution of the Legislature of the State of Texas. Sec. 4. Award for Prior Service. Not more than 10 awards of the Texas Distinguished Service Medal may be made for achievement attained or service rendered prior to the effective date of this Act. Sec. 5. Recommendations. It shall be the privilege of any individual having personal knowledge of an achievement or rendition of service believed to merit the award of the decoration to submit a recommendation in letter form to the committee giving an account of such achievement or service, accompanied by such statements, affidavits, records, photographs, or other material as may be deemed requisite to support and amplify the stated facts. Sec. 6. Presentation. The presentation of the Texas Distinguished Service Medal to the recipient shall be made by the Governor in an appropriate ceremony. Sec. 7. Design and Manufacture. (a) The decoration shall display the state seal with the words "Distinguished Service Medal" engraved in a circle thereon, and shall be suspended from a bar of red, white, and blue. (b) The Governor shall approve the design and shall authorize the casting of the medal in any manner he may deem proper. The cost of acquiring the medals shall be charged against funds appropriated by the Legislature to the Governor's office. Sec. 7(a) amended by Acts 1993, 73rd Leg., ch. 300, Sec. 21, eff. Aug. 30, 1993. Acts 1969, 61st Leg., p. 282, ch. 111, emerg. eff. May 1, 1969. Art. 6145-4. Old Galveston Quarter. Sec. 1. Purpose of Act. The purpose of this Act is to implement the Texas constitutional provisions by preserving and perpetuating as a memorial to the history of Texas one of the most historically significant areas of Texas, being that of Old Galveston. Sec. 2. Creation of Old Galveston Quarter; Boundaries. (a) There is hereby created in the City of Galveston a district to be known as the Old Galveston Quarter, which shall be comprised of all the territory contained within the boundaries described as follows: BEGINNING 1/2 block South of the corner of Broadway and 12th Street, West parallel to Broadway to a point 1/2 block South of the corner of 19th and Broadway; THENCE North to a point 1/2 block North of Sealy; THENCE East to a point 1/2 block North of Sealy and 17th Street; THENCE North to the corner of 17th Street and Market Street; THENCE East along Market Street to the corner of Market Street and 15th Street; THENCE North along 15th Street to Avenue A; THENCE East along Avenue A to the corner of Avenue A and 12th Street; THENCE South along 12th Street to the place of beginning. (b) Property contiguous to that described above may come within said District upon petition of the property owners. Sec. 3. Old Galveston Quarter Commission; Members; Terms; Chairman and Officers. (a) The powers of the Old Galveston Quarter shall be exercised by the Old Galveston Quarter Commission consisting of five members all of whom shall be property owners within the Quarter. The Governor shall appoint the five members from a list of ten property owners nominated by the membership of the Old Galveston Quarter Property Owners Association at the annual meeting or a special meeting called for this purpose, provided that all resident property owners within the Quarters are entitled to vote upon these nominations at the meeting. The initial terms of the first five members of the Commission shall be as follows: the Governor shall appoint two for a three year term; two for a two year term; and one for a one year term. Upon the expiration of each of these terms, subsequent appointments shall be filled in a similar manner for a term of three years. (b) As the term of any such Commissioner, or of any subsequent Commissioner expires, his successor shall be appointed in like manner. Vacancies in the Commission shall be filled in the same manner for the unexpired term. Every Commissioner shall continue in office after the expiration of his term until his successor is duly appointed and has qualified. (c) The Commission shall elect one of its members as chairman, one as vice-chairman and another as treasurer; and the signed authorization by two shall be necessary for operating expenditures. Members of the Commission shall serve without compensation. The records of the Commission shall set forth every determination made by the Commission and the vote of every member participating therein and the absence or failure to vote of every other member. Sec. 4. Limitation on Issuance of Building Permit. No permit shall be issued by the City of Galveston for the construction of any structure in the Old Galveston Quarter or the reconstruction, alteration or demolition of any structure now or hereafter in said Quarter, except in cases excluded by this Act, unless the application for such permit shall bear a certificate under Section 6 of this Act that no exterior architectural feature is involved or shall be accompanied by a certificate of appropriateness issued under this Act, or in the case of the demolition of a structure, a certificate under this Act that thirty (30) days or such lesser period as the Commission may have determined has expired after receipt by the Commission of notice of demolition. Sec. 5. Certificate of Nonapplicability of Statute. Except in cases excluded by Section 8 of this Act, every person about to apply to the City of Galveston for a permit to construct any structure in the Old Galveston Quarter or to reconstruct, alter or demolish any structure now or hereafter in said Quarter shall deposit with the secretary of the Commission his application for such permit together with all plans and specifications for the work involved. Within fifteen (15) days thereafter, Saturdays, Sundays and legal holidays excluded, the Commission shall consider such application, plans and specifications and determine whether any exterior architectural feature is involved. If the Commission determines that no exterior architectural feature is involved, it shall cause its secretary to endorse on the application forthwith a certificate of such determination and return the application, plans and specifications to the applicant. Sec. 6. Exterior Architectural or Advertising Features; Certificate of Appropriateness. (a) No person shall construct any exterior architectural or advertising feature in the Old Galveston Quarter, or reconstruct or alter any such feature now or hereafter in said Quarter, until such person shall have filed with the Secretary of the Commission an application for a certificate of appropriateness in such form and with such plans, specifications and other material as the Commission may from time to time prescribe and a certificate of appropriateness shall have been issued as hereinafter provided in this Section. (b) Within fifteen (15) days after the filing of an application for a certificate of appropriateness, Saturdays, Sundays and legal holidays excluded, the Commission shall determine the estates deemed by it to be materially affected by such application and, unless a public hearing on such application is waived in writing by all persons entitled to notice thereof, shall forthwith cause its secretary to give by mail, postage prepaid, to the applicant, to the owners of all such estates as they appear on the then most recent real estate tax list, and to any person filing written request for notice of hearings, such request to be renewed yearly in December, reasonable notice of a public hearing before the Commission on such application. (c) As soon as conveniently may be after such public hearing or the waiver thereof, but in all events within thirty (30) days, Saturdays, Sundays and legal holidays excluded, after the filing of the application for the certificate of appropriateness, or within such further time as the applicant may in writing allow, the Commission shall determine whether the proposed construction, reconstruction or alteration of the exterior architectural feature involved will be appropriate to the preservation of the Old Galveston Quarter for the purposes of this Act, and whether, notwithstanding that it may be inappropriate, owing to conditions especially affecting the structure involved, but not affecting the Old Galveston Quarter generally, failure to issue a certificate of appropriateness will involve a substantial hardship to the applicant and such a certificate may be issued without substantial detriment to the public welfare and without substantial derogation from the intent and purposes of this Act. In passing upon appropriateness, the Commission shall consider, in addition to any other pertinent factors, the historical and architectural value and significance, architectural style, general design, arrangement, texture, material and color of the exterior architectural feature involved and the relationship thereof to the exterior architectural features of other structures in the immediate neighborhood. (d) If the Commission determines that the proposed construction, reconstruction or alteration of the exterior architectural feature involved will be appropriate, or, although inappropriate, owing to conditions as aforesaid, failure to issue a certificate of appropriateness will involve substantial hardship to the applicant and issuance thereof may be made without substantial detriment or derogation as aforesaid, or if the Commission fails to make a determination within the time hereinbefore prescribed, the secretary of the Commission shall forthwith issue to the applicant a certificate of appropriateness. If the Commission determines that a certificate of appropriateness should not issue, the Commission shall forthwith spread upon its records the reasons for such determination and may include recommendations respecting the proposed construction, reconstruction or alteration. Thereupon the secretary of the Commission shall forthwith notify the applicant of such determination, transmitting to him an attested copy of the reasons and recommendations, if any, spread upon the records of the Commission. Sec. 7. Notice of Demolition. No person shall demolish any exterior architectural feature now or hereafter in the Old Galveston Quarter until he shall have filed with the secretary of the Commission on such form as may be from time to time prescribed by the Commission a written notice of his intent to demolish such feature and a period of thirty (30) days, Saturdays, Sundays and legal holidays excluded, or such lesser period as the Commission, because the feature is not historically or architecturally significant or otherwise worthy of preservation, may in a particular case determine, shall have expired following the filing of such notice of demolition. Upon the expiration of such period the secretary of the Commission shall forthwith issue to the person filing the notice of demolition a certificate of the expiration of such period. Sec. 8. Exclusions. Nothing in this Act shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature now or hereafter in the Old Galveston Quarter; nor shall anything in this Act be construed to prevent the construction, reconstruction, alteration or demolition of any such feature which the Commission shall certify is required by the public safety because of an unsafe or dangerous condition; nor shall anything in this Act be construed to prevent the construction, reconstruction, alteration or demolition of any such feature under a permit issued by the City of Galveston prior to the effective date of this Act. Sec. 9. Appeals. Any applicant aggrieved by a determination of the Commission may, within thirty (30) days after the making of such determination, appeal to the District Court of Galveston County. The Court shall hear all pertinent evidence and shall annul the determination of the Commission if it finds the reasons given by the Commission to be unwarranted by the evidence or to be insufficient in law to warrant the determination of the Commission or make such other decree as justice and equity may require. The remedies provided by this Section shall be exclusive; but the parties shall have all rights of appeal and exception as in other equity cases. Sec. 10. Powers of the Commission. The Commission may regulate the types and location of business as well as business hours within the Quarter where such regulation does not conflict with any state law or city ordinance and may sell or lease, for periods not to exceed twenty (20) years, real or personal property for use within the Quarter which it may acquire by purchase or gift; provided that the Commission shall have no power of eminent domain. Sec. 11. Bonds. The Commission shall have no authority to issue bonds. Sec. 12. Action for Declaratory Judgment. The Commission may bring an action for a declaratory judgment in any District Court in Galveston or Travis Counties, Texas, in order to finally determine any question concerning this Statute. Sec. 13. Election; Petition; Returns. (a) The powers granted to the Old Galveston Quarter Commission under this Act shall not take effect until an election has been held within the boundaries of the proposed District, and its creation has been approved by the majority of those voting in an election. (b) A petition shall first be presented to the Commissioners Court signed by a majority of the resident property owners within the Quarter. (c) The Commissioners Court shall then order an election to be held within the boundaries of the Old Galveston Quarter at which election shall be submitted the following propositions and none other: "FOR the Old Galveston Quarter." "AGAINST the Old Galveston Quarter." (d) A majority of those voting in the Special Election shall be necessary to carry the proposition. Only resident property owners may vote at such an election. All such elections shall be conducted in the manner provided by the General Election Laws, unless otherwise provided. The Commissioners Court shall name polling places within the Quarter and shall appoint the judges and other necessary election officers. (e) Immediately after the election each presiding judge shall make returns of the result as provided for in General Elections for state and county officers, and return the ballot boxes to the County Clerk, who shall keep same in a safe place and deliver them together with all returns to the Commissioners Court at its next regular or special session to canvass the vote. If the court finds that the proposition carried, it shall so declare the result and enter the same in its minutes. Acts 1962, 57th Leg., 3rd C.S., p. 81, ch. 30. Amended by Acts 1963, 58th Leg., p. 1166, ch. 453, Secs. 1-5, eff. Aug. 23, 1963. Art. 6145-5. Preservation of Gethsemane Church and Carrington-Covert House. Sec. 1. Authority and responsibility for the preservation, for the purposes of this Act, of the structures known as the Gethsemane Church and the Carrington-Covert House and their adjoining grounds, located at Congress and 16th Street on Lots 5, 6, 7, and 8, Outlot 46, Division "E" of the original City of Austin, County of Travis, Texas, and now owned by the State of Texas, shall be vested in the State Historical Survey Committee. All authority and responsibility previously given to the State Building Commission for the preservation of Gethsemane Church shall be terminated. Sec. 2. The Historical Survey Committee shall maintain the Gethsemane Church, the Carrington-Covert House and their adjoining grounds in a state of repair suitable for the purposes provided in this Act. Sec. 3. (a) The Historical Survey Committee shall maintain and develop the Gethsemane Church, Carrington-Covert House and their adjoining grounds for the purpose of beautification and cultural enhancement of these properties as a significant Texas historical site, consistent with development of the capitol complex. (b) The committee shall exercise its discretion in maintaining and developing these properties in accordance with the purposes of this Act. Sec. 4. (a) The committee shall spend such money as the Legislature may appropriate for the purposes expressed in this Act. (b) The committee may accept gifts and donations to the Gethsemane Church, the Carrington-Covert House and their adjoining grounds and use the gifts and donations in accordance with all conditions and instructions of the donor which are consistent with this Act. Acts 1965, 59th Leg., p. 303, ch. 136, eff. Aug. 30, 1965. Amended by Acts 1969, 61st Leg., p. 2705, ch. 887, Sec. 1, emerg. eff. June 21, 1969. Art. 6145-11b. Sesquicentennial Fund. Sec. 1. Amounts received from the following sources shall be deposited in a special fund in the State Treasury to be known as the sesquicentennial fund and are appropriated for the purposes contained herein: (1) licensing fees and royalties authorized by Paragraph (B), Subdivision (8), Section 7, Chapter 84, Acts of the 66th Legislature, 1979 (Article 6145-11, Vernon's Texas Civil Statutes); and (2) proceeds from the sale of medallions designated by the Texas 1986 Sesquicentennial Commission as lone stars under Article 6145-14a, Revised Statutes. Sec. 2. After the expiration of Chapter 84, Acts of the 66th Legislature, 1979 (Article 6145-11, Vernon's Texas Civil Statutes), the comptroller of public accounts shall collect proceeds from royalties due under licenses granted by the Texas 1986 Sesquicentennial Commission. Sec. 3. As amounts from licensing fees, royalties, and the sale of medallions designated as lone stars by the Texas 1986 Sesquicentennial Commission are deposited in the fund: (1) the Comptroller shall allocate the amounts equally between an account in the fund that may be used only by the Texas Tourist Development Agency and an account in the fund that may be used only by the Texas Commission on the Arts, until the account of the Texas Commission on the Arts has received $1,261,244; and (2) after the account for the Texas Commission on the Arts has received $1,261,244, the Comptroller shall allocate the amounts only to the account of the Texas Tourist Development Agency until that account has received $2,291,996; and (3) after the account for the Texas Tourist Development Agency has received $2,291,996, the Comptroller shall allocate the amounts equally among the account of the Texas Tourist Development Agency, the account of the Texas Commission on the Arts, and an account in the fund that may be used only by the Texas 1986 Sesquicentennial Commission, until the account of the Texas Commission on the Arts has received a total of $7,095,846 from amounts allocated under this subsection and Subdivision (1) of this section; (4) after the account for the Texas Commission on the Arts has received a total of $7,095,846 from amounts allocated under Subdivisions (1) and (3) of this section, the Comptroller shall allocate the amounts equally between the accounts of the Texas Tourist Development Agency and the Texas 1986 Sesquicentennial Commission until the account of the Texas 1986 Sesquicentennial Commission has received a total of $10,000,000 from amounts allocated under this subdivision and Subdivision (3) of this section or until January 31, 1987, whichever shall first occur. (5) after the Texas 1986 Sesquicentennial Commission has received a total of $10,000,000 from the amounts allocated under Subdivisions (3) and (4) of this section, the Comptroller shall allocate the amounts only to the account of the Texas Tourist Development Agency until the account of the Texas Tourist Development Agency has received a total of $15,145,604; and (6) after the Texas Tourist Development Agency has received a total of $15,145,604 from amounts allocated under this section, the Comptroller shall allocate the amounts only to the account of the State Preservation Board. Sec. 4. (a) Money in the fund allocated to the Texas Tourist Development Agency under Subdivisions (1) and (2) of Section 3 of this article shall be used to publish an official tour guide of the sesquicentennial or for promotional activities for the Texas 1986 Sesquicentennial Commission. (b) Money in the fund allocated to the Texas Tourist Development Agency under Subdivisions (3), (4), and (5) of Section 3 of this article shall be used to advertise and promote the sesquicentennial both in and out of the state and for other activities as provided by law. (c) Money in the fund allocated to the Texas Commission on the Arts under Section 3 of this article shall be used for funding and supporting sesquicentennial projects and programs and to perform any of the functions of the commission. (d) Not less than one-half the money in the fund allocated to the Texas 1986 Sesquicentennial Commission shall be distributed to local official sesquicentennial committees sanctioned by the commission according to procedures adopted by the commission. (e) Money in the fund allocated to the Texas 1986 Sesquicentennial Commission that is not distributed to local official sesquicentennial committees under Subsection (d) of this section or used to reimburse the comptroller of public accounts for audit services provided under Section 5 of this article shall be used to advertise and promote the sesquicentennial both in and out of state through interagency contracts with the Texas Tourist Development Agency. Sec. 5. The comptroller of public accounts may audit any official sesquicentennial licensee or product manufacturer. At the request of the Texas 1986 Sesquicentennial Commission, the comptroller of public accounts shall perform the audit and collect any money due. At the request of the comptroller of public accounts, the attorney general shall sue as necessary to collect the amounts due to the state and uncollected. The comptroller of public accounts shall be reimbursed for services provided under this section from money provided for that purpose under Subsection (e) of Section 4 of this article. Added by Acts 1985, 69th Leg., ch. 651, Sec. 5, eff. Aug. 26, 1985. Sec. 5 amended by Acts 1986, 69th Leg., 3rd C.S., ch. 26, Sec. 1, eff. Dec. 4, 1986; Sec. 3 amended by Acts 1997, 75th Leg., ch. 1423, Sec. 21.59, eff. Sept. 1, 1997. Art. 6145-13. Preservation of view of State Capitol. Sec. 1. Definitions. In this Act: (1) "Texas Plane Coordinate" means the Central Zone of the Texas State Coordinate Systems as defined by the U.S. Coast and Geodetic Survey, dated 1945 and revised in March, 1978. (2) "Capitol dome" means the part of the State Capitol located more than 653 feet above sea level at Texas Plane Coordinate X-2818555.07, Y-230595.65, being the center of the dome. (3) "Person" includes an individual, an organization, a business entity, or a governmental entity. (4) "Capitol view corridors" mean and include: (A) The South Mall of the University of Texas Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 594 feet above sea level at Texas Plane Coordinate X-2818794.86, Y-234376.98, and extends along a bearing of S 2 7 0.0 W for a distance of 3790.248 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818654.87, Y-230589.32; and (ii) the second of which begins at an elevation of 594 feet above sea level at Texas Plane Coordinate X-2818628.71, Y-234341.64, and extends along a bearing of S 2 39 17.7 W for a distance of 3748.053 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818455.09, Y-230597.61. (B) The Waterloo Park Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 496 feet above sea level at Texas Plane Coordinate X-2820189.70, Y-230799.91, and extends along a bearing of S 86 21 3.1 W for a distance of 1650.373 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818542.67, Y-230694.87; and (ii) the second of which begins at an elevation of 480 feet above sea level at Texas Plane Coordinate X-2820300.13, Y-229756.25, and extends along a bearing of N 67 16 4.1 W for a distance of 1939.019 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818511.73, Y-230505.53. (C) The Wooldridge Park Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 515 feet above sea level at Texas Plane Coordinate X-2816727.54, Y-229659.96, and extends along a bearing of N 60 5 58.0 E for a distance of 2055.569 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818509.50, Y-230684.66; and (ii) the second of which begins at an elevation of 536 feet above sea level at Texas Plane Coordinate X-2816925.57, Y-229291.91, and extends along a bearing of N 54 4 50.4 E for a distance of 2089.263 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818617.55, Y-230517.56. (D) The French Legation Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 539 feet above sea level at Texas Plane Coordinate X-2821177.01, Y-227894.81, and extends along a bearing of N 42 37 44.3 W for a distance of 3765.605 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818626.83, Y-230665.30; and (ii) the second of which begins at an elevation of 539 feet above sea level at Texas Plane Coordinate X-2821144.99, Y-227833.18, and extends along a bearing of N 44 39 68.5 W for a distance of 3787.992 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818482.12, Y-230527.25. (E) The Lamar Bridge Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 460 feet above sea level at Texas Plane Coordinate X-2813589.52, Y-227457.92, and extends along a bearing of N 56 44 9.5 E for a distance of 5874.699 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818596.90, Y-230686.48; and (ii) the second of which begins at an elevation of 460 feet above sea level at Texas Plane Coordinate X-2813419.55, Y-226934.03, and extends along a bearing of N 55 25 10.4 E for a distance of 6308.017 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818613.13, Y-230514.22. (F) The South Congress at East Live Oak Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 574 feet above sea level at Texas Plane Coordinate X-2814945.42, Y-218622.48, and extends along a bearing of N 16 19 7.6 E for a distance of 12505.861 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818459.33, Y-230624.51; and (ii) the second of which begins at an elevation of 574 feet above sea level at Texas Plane Coordinate X-2815051.19, Y-218649.13, and extends along a bearing of N 16 48 23.4 E for a distance of 12450.162 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818651.03, Y-230567.50. (G) The Mopac Bridge Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 498 feet above sea level at Texas Plane Coordinate X-2808292.26, Y-229412.05, and extends along a bearing of N 83 58 33.0 E for a distance of 10331.327 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818566.53, Y-230496.30; and (ii) the second of which begins at an elevation of 485 feet above sea level at Texas Plane Coordinate X-2808930.31, Y-230333.64, and extends along a bearing of N 87 50 44.3 E for a distance of 9628.852 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818552.35, Y-230695.61. (H) The South Lamar at La Casa Drive Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 656 feet above sea level at Texas Plane Coordinate X-2806422.18, Y-219725.23, and extends along a bearing of N 47 47 22.8 E for a distance of 16290.678 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818488.35, Y-230670.13; and (ii) the second of which begins at an elevation of 656 feet above sea level at Texas Plane Coordinate X-2806443.28, Y-219708.55, and extends along a bearing of N 48 24 0.0 E for a distance of 16286.017 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818621.93, Y-230521.28. (I) The Barton Creek Pedestrian Bridge Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 445 feet above sea level at Texas Plane Coordinate X-2811033.87, Y-227139.69, and extends along a bearing of N 64 37 45.5 E for a distance of 8277.813 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818513.32, Y-230686.51; and (ii) the second of which begins at an elevation of 460 feet above sea level at Texas Plane Coordinate X-2812177.38, Y-227545.58, and extends along a bearing of N 65 15 5.2 E for a distance of 7070.209 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818598.22, Y-230505.43. (J) The Pleasant Valley Road at Lakeshore Drive Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 450 feet above sea level at Texas Plane Coordinate X-2826332.31, Y-219396.73, and extends along a bearing of N 34 21 30.0 W for a distance of 13634.929 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818637.21, Y-230652.69; and (ii) the second of which begins at an elevation of 450 feet above sea level at Texas Plane Coordinate X-2826129.04, Y-218986.86, and extends along a bearing of N 33 32 6.6 W for a distance of 13861.422 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818471.32, Y-230541.00. (K) The East Eleventh Street Threshold Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 517 feet above sea level at Texas Plane Coordinate X-2821382.21, Y-228956.12, and extends along a bearing of N 61 38 31.4 W for a distance of 3269.672 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818504.91, Y-230509.14; and (ii) the second of which begins at an elevation of 517 feet above sea level at Texas Plane Coordinate X-2821418.78, Y-228980.65, and extends along a bearing of N 58 60 12.7 W for a distance of 3289.227 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818604.20, Y-230682.75. (L) The North-Bound Lanes of Interstate Highway 35 Between the Municipal Police and Courts Building and West Tenth Street Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 501 feet above sea level at Texas Plane Coordinate X-2820624.99, Y-227858.68, and extends along a bearing of N 38 46 6.5 W for a distance of 3433.34 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818475.11, Y-230535.59; and (ii) the second of which begins at an elevation of 491 feet above sea level at Texas Plane Coordinate X-2820883.74, Y-228742.33, and extends along a bearing of N 49 33 37.2 W for a distance of 2977.840 feet to a point 100 feet from the center of the Capitol Dome, this point begin located at Texas Plane Coordinate X-2818617.34, Y-230673.89. (M) The South-Bound Lanes of the Upper Deck of Interstate Highway 35 Between Concordia College and the Martin Luther King Boulevard Overpass Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 648 feet above sea level at Texas Plane Coordinate X-2822432.77, Y-233117.96, and extends along a bearing of S 55 43 8.2 W for a distance of 4627.079 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818609.48, Y-230511.74; and (ii) the second of which begins at an elevation of 618 feet above sea level at Texas Plane Coordinate X-2823639.09, Y-235471.26, and extends along a bearing of S 47 0 43.0 W for a distance of 7045.415 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818485.40, Y-230667.38. (N) The North-Bound Lanes of Interstate Highway 35 Between Waller Creek Plaza and the Municipal Police and Court Building Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 498 feet above sea level at Texas Plane Coordinate X-2820389.72, Y-226977.21, and extends along a bearing of N 28 17 53.1 W for a distance of 4058.419 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818465.79, Y-230550.62; and (ii) the second of which begins at an elevation of 498 feet above sea level at Texas Plane Coordinate X-2820450.80, Y-227277.98, and extends along a bearing of N 28 14 42.1 W for a distance of 3823.132 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818641.53, Y-230645.90. (O) The North-Bound Lanes of Interstate Highway 35 Between Third Street and the Waller Creek Plaza Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 482 feet above sea level at Texas Plane Coordinate X-2820010.77, Y-225710.94, and extends along a bearing of N 17 43 6.5 W for a distance of 5098.378 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818459.13, Y-230567.46; and (ii) the second of which begins at an elevation of 495 feet above sea level at Texas Plane Coordinate X-2820205.46, Y-226432.65, and extends along a bearing of N 20 20 46.9 W for a distance of 4479.853 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818647.84, Y-230632.99. (P) The East Seventh Street Bridge Over the Texas-New Orleans Railroad Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 476 feet above sea level at Texas Plane Coordinate X-2829646.58, Y-224957.77, and extends along a bearing of N 62 35 42.1 W for a distance of 12442.553 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818600.39, Y-230684.79; and (ii) the second of which begins at an elevation of 476 feet above sea level at Texas Plane Coordinate X-2829633.60, Y-224932.05, and extends along a bearing of N 63 23 0.0 W for a distance of 12442.674 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818509.56, Y-230506.61. (Q) The Longhorn Shores Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 435 feet above sea level at Texas Plane Coordinate X-2823252.67, Y-220131.43, and extends along a bearing of N 23 40 36.4 W for a distance of 11470.713 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818646.30, Y-230636.60; and (ii) the second of which begins at an elevation of 435 feet above sea level at Texas Plane Coordinate X-2822788.44, Y-220147.97, and extends along a bearing of N 22 33 57.2 W for a distance of 11273.211 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818462.39, Y-230558.09. (R) The Zilker Clubhouse Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 561 feet above sea level at Texas Plane Coordinate X-2807259.05, Y-230056.68, and extends along a bearing of N 86 45 42.0 E for a distance of 11309.321 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818550.31, Y-230695.53; and (ii) the second of which begins at an elevation of 561 feet above sea level at Texas Plane Coordinate X-2807248.18, Y-229969.74, and extends along a bearing of N 87 20 15.0 E for a distance of 11324.650 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818560.60, Y-230495.80. (S) The Red Bud Trail Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 684 feet above sea level at Texas Plane Coordinate X-2801662.96, Y-236155.75, and extends along a bearing of S 72 6 10.9 E for a distance of 17783.936 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818586.34, Y-230690.63; and (ii) the second of which begins at an elevation of 684 feet above sea level at Texas Plane Coordinate X-2801887.25, Y-236038.78, and extends along a bearing of S 71 35 16.8 E for a distance of 17534.371 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818524.03, Y-230500.59. (T) The Enfield Road Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 534 feet above sea level at Texas Plane Coordinate X-2814317.00, Y-232540.28, and extends along a bearing of S 64 7 24.8 E for a distance of 4664.000 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818513.37, Y-230504.76; and (ii) the second of which begins at an elevation of 534 feet above sea level at Texas Plane Coordinate X-2814166.24, Y-232616.36, and extends along a bearing of S 66 27 47.8 E for a distance of 4832.718 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818596.90, Y-230686.48. (U) The Capital of Texas Highway Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 850 feet above sea level at Texas Plane Coordinate X-2793153.22, Y-246055.75, and extends along a bearing of S 58 62 1.6 E for a distance of 29736.832 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818607.06, Y-230681.07; and (ii) the second of which begins at an elevation of 850 feet above sea level at Texas Plane Coordinate X-2792663.44, Y-245928.13, and extends along a bearing of S 59 10 35.3 E for a distance of 30091.057 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818504.12, Y-230509.60. (V) The 38th Street at Red River Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 609 feet above sea level at Texas Plane Coordinate X-2823695.84, Y-238333.37, and extends along a bearing of S 34 12 57.2 W for a distance of 9290.302 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818471.78, Y-230650.98; and (ii) the second of which begins at an elevation of 609 feet above sea level at Texas Plane Coordinate X-2823785.05, Y-238418.94, and extends along a bearing of S 33 9 15.9 W for a distance of 9410.983 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818638.21, Y-230540.07. (W) The Robert Mueller Airport Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 603 feet above sea level at Texas Plane Coordinate X-2831475.74, Y-237087.29, and extends along a bearing of S 62 55 39.9 W for a distance of 14460.117 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818599.97, Y-230506.29; and (ii) the second of which begins at an elevation of 603 feet above sea level at Texas Plane Coordinate X-2831203.80, Y-237067.65, and extends along a bearing of S 63 18 20.5 W for a distance of 14208.702 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818509.52, Y-230684.67. (X) The Martin Luther King Boulevard at IH-35 Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 570 feet above sea level at Texas Plane Coordinate X-2821823.12, Y-232059.98, and extends along a bearing of S 64 15 51.7 W for a distance of 3582.510 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818595.97, Y-230504.39; and (ii) the second of which begins at an elevation of 570 feet above sea level at Texas Plane Coordinate X-2821665.89, Y-232039.68, and extends along a bearing of S 66 46 10.3 W for a distance of 3431.091 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818512.97, Y-230686.35. (Y) The Oakwood Cemetery Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 662 feet above sea level at Texas Plane Coordinate X-2823518.05, Y-231483.66, and extends along a bearing of S 78 43 9.6 W for a distance of 5042.788 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818572.69, Y-230497.21; and (ii) the second of which begins at an elevation of 662 feet above sea level at Texas Plane Coordinate X-2823496.42, Y-231576.82, and extends along a bearing of S 79 54 22.8 W for a distance of 5038.813 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818535.60, Y-230693.73. (Z) The East 12th Street at IH-35 Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 525 feet above sea level at Texas Plane Coordinate X-2821503.64, Y-229689.85, and extends along a bearing of N 74 46 47.6 W for a distance of 3086.184 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818525.71, Y-230500.05; and (ii) the second of which begins at an elevation of 523 feet above sea level at Texas Plane Coordinate X-2821304.47, Y-229769.21, and extends along a bearing of N 71 16 29.8 W for a distance of 2872.654 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818583.86, Y-230691.41. (AA) The Lyndon Baines Johnson Library Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 596 feet above sea level at Texas Plane Coordinate X-2821830.47, Y-234589.86, and extends along a bearing of S 40 20 57.3 W for a distance of 5162.945 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818477.75, Y-230659.06; and (ii) the second of which begins at an elevation of 596 feet above sea level at Texas Plane Coordinate X-2821938.69, Y-233990.42, and extends along a bearing of S 43 38 37.1 W for a distance of 4790.234 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818625.90, Y-230525.05. (BB) The North Congress Avenue at Martin Luther King Boulevard Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 531 feet above sea level at Texas Plane Coordinate X-2819238.03, Y-232793.53, and extends along a bearing of N 14 46 25.5 E for a distance of 2303.720 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818650.57, Y-230565.97; and (ii) the second of which begins at an elevation of 531 feet above sea level at Texas Plane Coordinate X-2819171.57, Y-232814.96, and extends along a bearing of N 16 0 38.0 E for a distance of 2305.521 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818458.72, Y-230622.41. (CC) The Field Level of the Memorial Stadium Practice Center Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 550 feet above sea level at Texas Plane Coordinate X-2820995.40, Y-233291.51, and extends along a bearing of N 40 34 35.4 E for a distance of 3637.696 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818629.21, Y-230528.54; and (ii) the second of which begins at an elevation of 550 feet above sea level at Texas Plane Coordinate X-2820805.43, Y-233307.74, and extends along a bearing of N 41 18 34.5 E for a distance of 3525.556 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818478.12, Y-230659.50. (DD) The Entrance Terrace to the University of Texas Swim Center Corridor, which encompasses all of the area between two lines: (i) one of which begins at an elevation of 540 feet above sea level at Texas Plane Coordinate X-2821029.40, Y-232523.71, and extends along a bearing of N 50 14 50.5 E for a distance of 3138.424 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818616.54, Y-230516.77; and (ii) the second of which begins at an elevation of 540 feet above sea level at Texas Plane Coordinate X-2820873.01, Y-232433.33, and extends along a bearing of N 53 31 42.3 E for a distance of 2959.714 feet to a point 100 feet from the center of the Capitol Dome, this point being located at Texas Plane Coordinate X-2818492.95, Y-230674.01. Sec. 2. Construction Above Certain Height Prohibited. The legislature finds that protecting the view of the State Capitol is a matter of interest and importance to all the people of Texas; and that from and after the effective date of this Act, a person may not undertake the construction in a capitol view corridor of any structure that would exceed the maximum permissible height calculated in accordance with the following formula: (1) tangent of theta = a = a' __ __ b b' tangent of theta X b' = a' a' - e = h (2) where: VP = viewpoint theta = viewing angle between level at the viewpoint and the Capitol dome S = structure a = 653' - VP elevation b = distance between VP and Capitol dome e = S elevation - VP elevation a' = VP elevation to sightline to Capitol dome at S b' = distance, VP to S h = maximum permissible height of S. Sec. 3. Injunction. Any person may file an action in a court of competent jurisdiction to enjoin the violation or threatened violation of Section 2 of this Act. The court may grant appropriate relief. Sec. 4. Application. Section 2 of this Act does not apply to any construction for which plans are prepared and a building permit has been issued before the effective date of amendments to this Act passed by the Regular Session of the 69th Legislature. Section 2 of this Act does not apply to any construction for which no building permit is required and for which plans are prepared and ground is broken before the effective date of the 1985 amendments to this Act. Sec. 5. Local Ordinances. The governing body of any city, including a home-rule city, affected by the provisions of this Act may grant transferable construction rights or adopt other measures that are reasonable to mitigate the impact of this Act in an affected view corridor, on application by affected property owners, prior to December 31, 1985. After December 31, 1985, the governing body may not grant additional transferable construction rights, and all applicable local ordinances relating to the grant of transferable construction rights or other measures mitigating the impact of this Act expire effective January 1, 1986. Any such construction right shall expire and forever terminate unless exercised within 36 calendar months from the date the local governing body last approves the transfer of the construction right. In any event, any such ordinance having as its subject matter transferable construction rights or measures to mitigate the impact of this Act must be consistent with the requirements of the city's zoning ordinance and land use plan. Sec. 6. Conflict with Local Requirements. If any requirement of this Act conflicts with a requirement enacted by a municipality, the more strict requirement shall prevail. Sec. 7. Application to Darrell K Royal-Texas Memorial Stadium. This Act does not apply to the construction, renovation, or equipment of the structure known as Darrell K Royal-Texas Memorial Stadium and improvements related to that structure. However, the height of the structure or a related improvement may not exceed 666 feet above sea level. Sec. 8. Application to East 11th and 12th Streets Redevelopment Program. This Act does not apply to the construction, redevelopment, and improvement of 11th Street pursuant to the East 11th and 12th Streets Redevelopment Program. However, the height of any improvements may not exceed 600 feet above sea level. Acts 1983, 68th Leg., p. 273, ch. 50, eff. May 3, 1983. Amended by Acts 1985, 69th Leg., ch. 130, Sec. 1, eff. May 22, 1985. Sec. 7 added by Acts 1997, 74th Leg., ch. 2, Sec. 1, eff. Aug. 31, 1997; Sec. 8 added by Acts 1997, 75th Leg., ch. 815, Sec. 1, eff. Sept. 1, 1997. Art. 6145-14a. Lone star medallions. (a) The Texas 1986 Sesquicentennial Commission shall designate a one ounce silver lone star medallion and one, one-half, one-fourth, and one-tenth ounce gold lone star medallions as official commemorative medallions of the sesquicentennial. (b) The board shall contract for the production, marketing, and distribution of the medallions. (c) The board shall deposit the proceeds from the sale of medallions to the credit of the sesquicentennial fund. Added by Acts 1985, 69th Leg., ch. 651, Sec. 6, eff. Aug. 26, 1985. Art. 6145-15. El Paso Quadricentennial Commission. Text of article effective until December 31, 1998 Sec. 1. Definition. In this Act, "commission" means the El Paso Quadricentennial Commission. Sec. 2. Commission Created; Composition. (a) The El Paso Quadricentennial Commission is created. (b) The commission is composed of nine members appointed by the governor as follows: (1) each of the two state senators who represent El Paso in the legislature shall submit a list of nominees to the governor and the governor shall appoint two members from each list; and (2) each of the state representatives who represent El Paso in the legislature shall submit a list of nominees to the governor and the governor shall appoint one member from each list. (c) Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee. (d) A person required to submit a list of nominees to the governor under Subsection (b) shall submit the list not later than September 1, 1995. The governor shall appoint nine commission members from the nominee lists not later than December 1, 1995. (e) A vacancy on the commission shall be filled in the same manner as the original appointment. Sec. 3. Presiding Officer; Meetings. (a) The commission shall elect one of its members to serve as presiding officer. The presiding officer is entitled to vote on all matters before the commission. (b) The commission shall meet monthly at the call of the presiding officer. Sec. 4. Powers and Duties of Commission. (a) The commission shall plan a celebration and festival commemorating the quadricentennial of the first Thanksgiving, celebrated on the banks of the Rio Grande on April 30, 1598, by colonists led by Don Juan de Onate. (b) The commission may exercise powers necessary to plan and hold the quadricentennial celebration, including: (1) contracting with other entities for goods or services; and (2) soliciting, accepting, and using gifts and grants for the purpose of performing its functions under this Act. (c) No public money other than gifts and grants to the commission may be used by the commission in performing its functions under this Act. Sec. 5. Final Report. (a) As soon after April 30, 1998, as the commission determines that it has completed its work and has satisfied its financial obligations, but not later than December 31, 1998, the commission shall file with the secretary of state a final report verified by a certified public accountant that shows: (1) the total amount of contributions received by the commission during the commission's existence; (2) the total amount of expenditures made by the commission; and (3) the total amount of money remaining in the commission's possession. (b) On the date on which the commission files its final report with the secretary of state, the commission shall deliver to the comptroller all unexpended and unobligated money that the commission possesses. The comptroller shall deposit the money in the state treasury to the credit of the general revenue fund. Sec. 6. Expiration. This Act expires and the commission is abolished effective December 31, 1998. Acts 1995, 74th Leg., ch. 809, eff. June 16, 1995. Sec. 5(b) amended by Acts 1997, 75th Leg., ch. 1423, Sec. 21.60, eff. Sept. 1, 1997