74(R) SB 365 Senate Committee Report

BILL ANALYSIS

S.B. 365
By: Moncrief
State Affairs
3-3-95
Committee Report (Unamended)
BACKGROUND

The Texas Historical Commission was created in 1953. The
legislature revised the commission's title, duties, powers, and
organizational structure in 1971. Texas Historical Commission
serves as the state agency for historic preservation by providing
leadership, coordination, and special services needed for
historical activities within the state.

In response to public controversy over treasure hunting in Texas
coastal waters, the legislature passed the Antiquities Code of
Texas and created the Antiquities Committee in 1969. Duties of the
committee include designating state archeological landmarks and
issuing permits for excavation. Currently, the Historical
Commission and the Antiquities Committee function as one agency,
have the same executive director, share staff resources, and
receive funding through a single appropriation to the commission.
Both the Historical Commission and the Antiquities Committee are
subject to the Sunset Act and will be abolished unless continued by
the 74th Legislature.

PURPOSE

As proposed, S.B. 365 continues the Texas Historical Commission for
a 12-year period and makes statutory modifications recommended by
the Sunset Advisory Commission including the abolishment of the
Antiquities Committee and the transfer of its responisibilities to
the Texas Historical Commission.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Historical Commission in SECTIONS 1, 6, 7, 18, and
25(a) (Sections 442.002(j), 442.0085(b), 442.009(b), Government
Code, and Section 191.0525(b), Natural Resources Code) of this
bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 442.002, Government Code, as follows:

Sec. 442.002. COMMISSION; MEMBERS; SUNSET ACT. (b) Requires
one member of the Texas Historical Commission (commission) to
be a professional archeologist, one to be a professional
historian, and one to be a licensed architect who has
expertise in historic preservation and architectural history.
Requires the remaining 15 members to be representatives of the
general public. Provides that a person is not eligible for
appointment as a public member of the commission if the person
or the person's spouse meets certain criteria.

(e) Requires a member of the commission to be a citizen of
this state who has demonstrated an interest in the
preservation of the state's historical or archeological
heritage. Requires the governor, in making appointments to
the commission to appoint at least two members from counties
with a population of less than 50,000.

(f) Prohibits a person from serving as a member of the
commission or act as the general counsel to the commission
if the person is required to register as a lobbyist. Makes
nonsubstantive changes.

(g) Deletes existing Subsection (g) and replaces it with
existing subsection (h).

(h) Requires the governor to designate a member of the
commission as the presiding officer of the commission to
serve in that capacity at the pleasure of the governor.
Requires the commission, at its first meeting in each odd-numbered year, to select from its membership an assistant
presiding officer, rather than a chairman and a vice
chairman.

(i) Redesignated from existing Subsection (j).

(j) Provides that the commission is subject to the open
meetings law, Chapter 551, and the administrative procedure
law, Chapter 2001. Requires the commission to implement
policies that provide the public with a reasonable
opportunity to appear before the commission and to speak on
any issue under the jurisdiction of the commission.

(k) Provides that unless continued as provided by this
chapter, the commission is abolished and this chapter
expires September 1, 2007.

(l) Requires appointments to the commission to be made
without regard to the race, color, disability, sex,
religion, age, or national origin of the appointees.

SECTION 2. Amends Title 4D, Government Code, by adding Sections
442.0021-442.0023, as follows:

Sec. 442.0021. COMMISSION MEMBERS: TRAINING. (a) Requires
a member to complete at least one course of the training
program established under this section before a member may
assume the member's duties and be confirmed by the senate.

(b) Requires the training program to provide certain
information to a member.

Sec. 442.0022. COMMISSION MEMBERS: CONFLICT OF INTEREST.
(a) Prohibits an officer, employee, or paid consultant of a
Texas trade association in the field of archeology or historic
preservation from being a member of the commission or employee
of the commission who is exempt from state's position
classification plan or is compensated at or above the amount
prescribed by the General Appropriations Act for step 1,
salary group 17, of the position classification salary
schedule.

(b) Prohibits a person who is spouse of a person who meets
the criteria established in Subsection (a) from being a
member of or employed by the commission.

Sec. 442.0023. COMMISSION MEMBERS: GROUNDS FOR REMOVAL. (a)
Sets forth the grounds for removal of a member from the
commission.

(b) Provides that the validity of an action of the
commission is not affected by the fact that it is taken when
a ground for removal of a commission member exists.

(c) Requires the executive director to notify the presiding
officer of the commission of the potential ground for
removal. Requires the presiding officer to then notify the
governor and the attorney general that a potential ground
for removal exists. Requires the executive director to
notify the next highest officer of the commission, who shall
notify the governor and the attorney general that a
potential ground for removal exists.

SECTION 3. Amends Section 442.003, Government Code, to make a
conforming change.

SECTION 4. Amends Section 442.004, Government Code, as follows:

Sec. 442.004. PERSONNEL. (a)-(c) No change.

(d) Requires the executive director or the executive
director's designee to provide to members of the commission
and to agency employees information necessary regarding
their qualifications and responsibilities.

(e) Requires the executive director or designee to develop
an intra-agency career ladder program which addresses
opportunities and advancement for employees within the
commission. Requires the program to require intra-agency
posting of all positions concurrently with any public
posting.

(f) Makes nonsubstantive changes.

(g) Sets forth the required information to be included in
the policy statement. Makes conforming and nonsubstantive
changes.

(h) Requires a policy statement prepared under Subsection
(g) to cover an annual period, be updated annually, be
reviewed by the Commission on Human Rights for compliance
with Subsection (g), and be filed with the governor's
office.

(i) Requires the governor's office to deliver a biennial
report to the legislature based on the information received
under Subsection (h). Authorizes the report to be made
separately or as a part of other biennial reports made to
the legislature.

(j) Created from existing text.

(k) Requires the governor to designate the executive
director as the state historic preservation officer, rather
than liaison officer.

(l) Requires the commission to develop and implement
policies that clearly separate the policymaking
responsibilities of the commission and the management
responsibilities of the executive director and the staff of
the commission.

SECTION 5. Amends Section 442.005, Government Code, by amending
Subsections (a), (d), and (j), and adding Subsections (b) and (r),
as follows:

(a) Makes a conforming change.

(b) Provides that the commission is responsible for the
administration of the Antiquities Code of Texas, Chapter 191,
Natural Resources Code, and requires the commission to strive
to establish effective working relationships among individuals
primarily interested in history, architecture, and archeology.

(d) Deletes the provision that requires the commission to
compile a list of the names of owners of historic structures
that are suitable and available for lease by the state. Makes
a conforming change.

(j) Makes conforming changes.

(r) Authorizes the commission to establish advisory
committees to advise the commission on archeological and
historical matters, including an advisory committee to
consider matters relating to the Antiquities Code of Texas.

SECTION 6. Amends Title 4D, Government Code, by adding Section
442.0085, as follows:

Sec. 442.0085. STATE REGISTER OF HISTORIC PLACES. (a)
Requires the commission to develop and maintain a state
register of historic places using existing statutory
classifications of those places.

(b) Requires the commission to adopt rules to implement
this section.

SECTION 7. Amends Section 442.009, Government Code, as follows:

Sec. 442.009. CONSUMER INFORMATION AND COMPLAINTS. (a)
Makes nonsubstantive changes.

(b) Requires the commission, by rule, to establish methods
by which consumers and service recipients are notified of
the name, mailing address, and telephone number of the
commission for the purpose of directing complaints to the
commission.

(c) Requires the commission to keep information about each
complaint filed with the commission. Sets forth the
required contents of the information.

(d) Requires the commission to keep a file about each
written complaint filed with the commission that the agency
has authority to resolve. Requires the commission to
provide to the person filing the complaint and the persons
or entities complained about the commission's policies and
procedures pertaining to complaint investigation and
resolution. Requires the commission to notify the person
filing the complaint unless the notice would jeopardize an
undercover investigation.

SECTION 8. Amends Title 4D, Government Code, by adding Section
442.0095, as follows:

Sec. 442.0095. PROGRAM AND FACILITY ACCESSIBILITY. Requires
the commission to comply with federal and state laws related
to program and facility accessibility. Requires the executive
director to also prepare and maintain a written plan that
describes how a person who does not speak English can be
provided reasonable access to the commission's program and
services.
SECTION 9. Amends Section 442.010, Government Code, as follows:

Sec. 442.010. New heading: AUDITS; ANNUAL REPORT. (a) Makes
a nonsubstantive change.

(b) Requires the commission to prepare annually a complete
and detailed written report accounting for all funds
received and disbursed by the commission during the
preceding fiscal year. Requires the annual report to meet
the reporting requirements applicable to financial reporting
provided in the General Appropriations Act.

SECTION 10. Amends Sections 442.015(a), (b), and (g), Government
Code, as follows:

Sec. 442.015. New heading: TEXAS PRESERVATION TRUST FUND
ACCOUNT. (a) Provides that the Texas preservation trust fund
account is a separate account in the general revenue fund.
Sets forth the contents of the account. Makes conforming
changes.

(b) and (g) Make conforming changes.

SECTION 11. Amends Chapter 442, Government Code, by adding
Section 442.0155, as follows:

Sec. 442.0155. FUNDS SUBJECT TO STATE FUNDS REFORM ACT.
Provides that all money paid to the commission under this
chapter is subject to Chapter 404F.

SECTION 12. Amends Section 442.016(e), Government Code, to make
a conforming change.

SECTION 13. Amends Section 443.008(a), Government Code, to make
a conforming change.

SECTION 14. Amends the heading of Section 31.160, Natural
Resources Code, as follows:

Sec. 31.160. INFORMATION FOR TEXAS HISTORICAL COMMISSION.

SECTION 15. Amends Section 31.160(c), Natural Resources Code, to
make a conforming change.

SECTION 16. Amends the heading of Chapter 191, Natural Resources
Code, as follows:

CHAPTER 191. ANTIQUITIES CODE

SECTION 17. Amends Section 191.003(1), Natural Resources Code,
to amend the definition of "committee."

SECTION 18. Amends Chapter 191C, Natural Resources Code, by
adding Section 191.0525, as follows:

Sec. 191.0525. NOTICE REQUIRED. (a) Requires a person
planning a project that could affect an archeological site on
state or local public property to notify the committee.
Requires the committee to make certain determinations.

(b) Requires the committee, by rule, to establish
procedures to implement this section.

SECTION 19. Amends Section 11.24, Tax Code, to make conforming
changes.

SECTION 20. Amends Section 315.006(k), Local Government Code, to
make a conforming change.

SECTION 21. Amends Section 5.01A, Article 601b, V.T.C.S., State
Purchasing and General Services Act, as follows:

Sec. 5.01A. (a) Makes a nonsubstantive change.

(b) Redesignated from existing Subsection (d). Makes
conforming changes. Deletes existing Subsections (b)-(c).

(c)-(e) Redesignated from existing Subsections (e)-(g).
Make conforming changes.

SECTION 22. Amends Section 6.05(j), Article 601b, V.T.C.S., to
make a nonsubstantive change.

SECTION 23. Requires the Texas Historical Commission to report
to the 75th Legislature not later than February 1, 1997, regarding
the state register of historic places. Sets forth the required
contents of the report.

SECTION 24. (a) Requires the governor to appoint members to the
commission to achieve the membership plan prescribed for the
commission as the terms of the members expire or as vacancies
occur.

(b) Makes application of Sections 442.002(b) and (e),
Government Code, as amended and Sections 442.0021 and 442.0022
as added by this Act, prospective.

SECTION 25. (a) Abolishes the Antiquities Committee and
transfers its powers and duties to the Texas Historical Commission.
Provides that a reference in law to the Antiquities Committee means
the Texas Historical Commission.

(b)-(d) Make conforming changes.

SECTION 26. Repealer: Chapter 191B, Natural Resources Code
except for Sections 191.021(b)-(d) (Creation and Membership of
Committee-Qualification for Citizen Members-Appointment of Citizen
Members-Term of Citizen Members-Per Diem and Expenses for Citizen
Members-Chairman of Committee-Quorum-Employee of Committee-Records
of Committee-Removal of Citizen Committee Members-Audits-Sunset
Provision).

SECTION 27. Effective date: September 1, 1995.

SECTION 28. Emergency clause.