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. (c) Defines "texas trade association." 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. (c) Redesignated from existing Subsection (b) and makes a conforming change. Deletes existing Subsection (c). (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.