By Gray H.B. No. 1218
74R1028 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Historical
1-3 Commission and to the abolition of the Antiquities Committee and
1-4 the transfer of the committee's functions to the commission.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 442.002, Government Code, is amended to
1-7 read as follows:
1-8 Sec. 442.002. COMMISSION; MEMBERS; SUNSET ACT. (a) The
1-9 Texas Historical Commission is an agency of the state.
1-10 (b) The commission is composed of 18 members appointed by
1-11 the governor with the advice and consent of the senate. One member
1-12 must be a professional archeologist, one must be a professional
1-13 historian, and one must be a licensed architect who has expertise
1-14 in historic preservation and architectural history. Fifteen
1-15 members must be representatives of the general public. A person is
1-16 not eligible for appointment as a public member of the commission
1-17 if the person or the person's spouse:
1-18 (1) owns or controls, directly or indirectly, more
1-19 than a 10 percent interest in a business entity or other
1-20 organization regulated by the commission or receiving funds other
1-21 than grant funds from the commission; or
1-22 (2) uses or receives a substantial amount of tangible
1-23 goods, services, or funds from the commission, other than
1-24 compensation or reimbursement authorized by law for commission
2-1 membership, attendance, or expenses.
2-2 (c) Members serve for staggered six-year terms, with the
2-3 terms of one-third of the members expiring February 1 of each
2-4 odd-numbered year.
2-5 (d) Any vacancy occurring on the commission shall be filled
2-6 for the unexpired term.
2-7 (e) A member of the commission must be a citizen of this
2-8 state who has demonstrated an interest in the preservation of the
2-9 state's historical or archeological heritage. In making
2-10 appointments to the commission, the governor shall:
2-11 (1) seek to have each geographical section of the
2-12 state represented as nearly as possible; and
2-13 (2) appoint at least two members from counties with a
2-14 population of less than 50,000.
2-15 (f) A person may not serve as a member of the commission or
2-16 act as the general counsel to the commission if the person <who> is
2-17 required to register as a lobbyist under Chapter 305 because<, by
2-18 virtue> of the person's activities for compensation <in or> on
2-19 behalf of a profession related to the operation of the commission<,
2-20 may not serve as a member of the commission or act as the general
2-21 counsel to the commission>.
2-22 (g) <It is a ground for removal from the commission that a
2-23 member violates a prohibition established by Subsection (f) or does
2-24 not have at the time of appointment or does not maintain during the
2-25 service on the commission the qualifications required for
2-26 appointment by Subsection (e). The validity of an action of the
2-27 commission is not affected by the fact that the action was taken
3-1 when a ground for removal of a member of the commission existed.>
3-2 <(h)> The commission shall hold at least one regular meeting
3-3 in each calendar quarter of each year. The commission may hold
3-4 other meetings at times and places scheduled by it in formal
3-5 session or called by the chairman of the commission.
3-6 (h) <(i)> The governor shall designate a member of the
3-7 commission as the presiding officer of the commission to serve in
3-8 that capacity at the pleasure of the governor. At its first
3-9 meeting in each odd-numbered year, the commission shall select from
3-10 its membership an assistant presiding officer <a chairman,
3-11 vice-chairman,> and a secretary.
3-12 (i) <(j)> A member of the commission serves without pay but
3-13 shall be reimbursed for actual expenses incurred in attending a
3-14 meeting of the commission.
3-15 (j) <(k)> The commission is subject to the open meetings
3-16 law, Chapter 551, and the administrative procedure law, Chapter
3-17 2001 <271, Acts of the 60th Legislature, Regular Session, 1967
3-18 (Article 6252-17, Vernon's Texas Civil Statutes), and the
3-19 Administrative Procedure and Texas Register Act (Article 6252-13a,
3-20 Vernon's Texas Civil Statutes)>. The commission shall develop and
3-21 implement policies that provide the public with a reasonable
3-22 opportunity to appear before the commission and to <At an open
3-23 meeting of the commission, a member of the public is entitled to
3-24 appear and> speak on any issue under the jurisdiction of the
3-25 commission<, within the limits of any reasonable rules of the
3-26 commission designed to expedite consideration of issues at a
3-27 meeting>.
4-1 (k) <(l)> The Texas Historical Commission is subject to
4-2 Chapter 325 (Texas Sunset Act). Unless continued in existence as
4-3 provided by that chapter, the commission is abolished and this
4-4 chapter expires September 1, 2007 <1995>.
4-5 (l) Appointments to the commission shall be made without
4-6 regard to the race, color, disability, sex, religion, age, or
4-7 national origin of the appointees.
4-8 SECTION 2. Subtitle D, Title 4, Government Code, is amended
4-9 by adding Sections 442.0021, 442.0022, and 442.0023 to read as
4-10 follows:
4-11 Sec. 442.0021. COMMISSION MEMBERS: TRAINING. (a) Before a
4-12 member of the commission may assume the member's duties and before
4-13 the member may be confirmed by the senate, the member must complete
4-14 at least one course of the training program established under this
4-15 section.
4-16 (b) A training program established under this section shall
4-17 provide information to the member regarding:
4-18 (1) the enabling legislation that created the
4-19 commission;
4-20 (2) the programs operated by the commission;
4-21 (3) the role and functions of the commission;
4-22 (4) the rules of the commission with an emphasis on
4-23 the rules that relate to disciplinary and investigatory authority;
4-24 (5) the current budget for the commission;
4-25 (6) the results of the most recent formal audit of the
4-26 commission;
4-27 (7) the requirements of the:
5-1 (A) open meetings law, Chapter 551;
5-2 (B) open records law, Chapter 552; and
5-3 (C) administrative procedure law, Chapter 2001;
5-4 (8) the requirements of the conflict of interest laws
5-5 and other laws relating to public officials; and
5-6 (9) any applicable ethics policies adopted by the
5-7 commission or the Texas Ethics Commission.
5-8 Sec. 442.0022. COMMISSION MEMBERS: CONFLICT OF INTEREST.
5-9 (a) An officer, employee, or paid consultant of a Texas trade
5-10 association in the field of archeology or historic preservation may
5-11 not be a member of the commission or employee of the commission who
5-12 is exempt from the state's position classification plan or is
5-13 compensated at or above the amount prescribed by the General
5-14 Appropriations Act for step 1, salary group 17, of the position
5-15 classification salary schedule.
5-16 (b) A person who is the spouse of an officer, manager, or
5-17 paid consultant of a Texas trade association in the field of
5-18 archeology or historic preservation may not be a member of the
5-19 commission and may not be an employee of the commission who is
5-20 exempt from the state's position classification plan or is
5-21 compensated at or above the amount prescribed by the General
5-22 Appropriations Act for step 1, salary group 17, of the position
5-23 classification salary schedule.
5-24 (c) For the purposes of this section, a Texas trade
5-25 association is a nonprofit, cooperative, and voluntarily joined
5-26 association of business or professional competitors in this state
5-27 designed to assist its members and its industry or profession in
6-1 dealing with mutual business or professional problems and in
6-2 promoting their common interest.
6-3 Sec. 442.0023. COMMISSION MEMBERS: GROUNDS FOR REMOVAL.
6-4 (a) It is a ground for removal from the commission if a member:
6-5 (1) does not have at the time of appointment the
6-6 qualifications required by Sections 442.002(b) and (e);
6-7 (2) does not maintain during service on the commission
6-8 the qualifications required by Sections 442.002(b) and (e);
6-9 (3) violates a prohibition established by Sections
6-10 442.002(f) or 442.0022;
6-11 (4) cannot because of illness or disability discharge
6-12 the member's duties for a substantial part of the term for which
6-13 the member is appointed; or
6-14 (5) is absent from more than half of the regularly
6-15 scheduled commission meetings that the member is eligible to attend
6-16 during a calendar year unless the absence is excused by majority
6-17 vote of the commission.
6-18 (b) The validity of an action of the commission is not
6-19 affected by the fact that it is taken when a ground for removal of
6-20 a commission member exists.
6-21 (c) If the executive director has knowledge that a potential
6-22 ground for removal exists, the executive director shall notify the
6-23 presiding officer of the commission of the potential ground. The
6-24 presiding officer shall then notify the governor and the attorney
6-25 general that a potential ground for removal exists. If the
6-26 potential ground for removal involves the presiding officer, the
6-27 executive director shall notify the next highest officer of the
7-1 commission, who shall notify the governor and the attorney general
7-2 that a potential ground for removal exists.
7-3 SECTION 3. Section 442.003, Government Code, is amended to
7-4 read as follows:
7-5 Sec. 442.003. PURPOSE OF COMMISSION. The commission shall
7-6 provide leadership and coordinate services in the field of
7-7 archeological and historic preservation.
7-8 SECTION 4. Section 442.004, Government Code, is amended to
7-9 read as follows:
7-10 Sec. 442.004. PERSONNEL. (a) The commission shall employ
7-11 an executive director.
7-12 (b) A person employed as executive director must:
7-13 (1) be a citizen of this state;
7-14 (2) have ability in organization, administration, and
7-15 coordination of organizational work; and
7-16 (3) have particular qualities for carrying out the
7-17 purposes of the commission.
7-18 (c) The executive director may employ professional and
7-19 clerical personnel as considered necessary. The number of
7-20 employees, their compensation, and other expenditures shall be in
7-21 accordance with appropriations to the commission by the
7-22 legislature.
7-23 (d) The executive director or the executive director's
7-24 designee shall provide to members of the commission and to agency
7-25 employees, as <As> often as necessary, information regarding their
7-26 qualification for office or employment under this chapter and their
7-27 <the commission shall provide to its members and staff information
8-1 regarding their> responsibilities under applicable laws relating to
8-2 standards of conduct for state officers or employees.
8-3 (e) The executive director or the executive director's
8-4 designee shall develop an intra-agency <a> career ladder program
8-5 that addresses opportunities for mobility and advancement for
8-6 employees within the commission. The program shall require
8-7 intra-agency posting of all positions concurrently with any public
8-8 posting <within the agency. The program must require that openings
8-9 in all positions except entry level positions be posted within the
8-10 commission for at least 10 days before they are posted for the
8-11 public>.
8-12 (f) The executive director or the executive director's
8-13 designee shall develop a system of annual performance evaluations
8-14 based on documented employee performance <measurable job tasks>.
8-15 All <Any> merit pay for commission employees must be based on the
8-16 system established under this subsection <that system>.
8-17 (g) The executive director or the executive director's
8-18 designee shall prepare and maintain a written policy statement
8-19 <plan> to assure implementation of a program of equal employment
8-20 opportunity under which all <any> personnel transactions are
8-21 <transaction is> made without regard to race, color, disability,
8-22 sex, religion, age, or national origin. <The plan must cover an
8-23 annual period and be updated at least annually.> The policy
8-24 statement <The plan> must include:
8-25 (1) personnel policies, including policies relating to
8-26 recruitment, evaluation, selection, appointment, training, and
8-27 promotion of personnel, that are in compliance with the
9-1 requirements of Chapter 21, Labor Code;
9-2 (2) a comprehensive analysis of the commission work
9-3 force that meets federal and state guidelines;
9-4 (3) procedures by which a determination can be made
9-5 about the extent of underuse in the commission work force of all
9-6 persons for whom federal or state guidelines encourage a more
9-7 equitable balance; and
9-8 (4) reasonable methods to appropriately address those
9-9 areas of underuse <a comprehensive analysis of the commission's
9-10 employees by race, sex, ethnic origin, class of position, and
9-11 salary or wage;>
9-12 <(2) plans for recruitment, evaluation, selection,
9-13 appointment, training, promotion, and other personnel policies;>
9-14 <(3) steps reasonably designed to overcome any
9-15 identified underuse of minorities and women in the commission's
9-16 work force; and>
9-17 <(4) objectives and goals, timetables for the
9-18 achievement of the objectives and goals, and assignments of
9-19 responsibility for the achievement of the objectives and goals>.
9-20 (h) A policy statement prepared under Subsection (g) must
9-21 cover an annual period, be updated annually, be reviewed by the
9-22 Commission on Human Rights for compliance with Subsection (g), and
9-23 be filed with the governor's office.
9-24 (i) The governor's office shall deliver a biennial report to
9-25 the legislature based on the information received under Subsection
9-26 (h). The report may be made separately or as a part of other
9-27 biennial reports made to the legislature.
10-1 (j) Before the expiration of 30 days after April 1 and
10-2 November 1 of each year the commission shall submit a progress
10-3 report to the governor. The report must include a statement of the
10-4 steps that the commission has taken during the previous six months
10-5 to comply with the requirement of Subsection (g).
10-6 (k) <(i)> The governor shall designate the executive
10-7 director as the state historic preservation <liaison> officer, and
10-8 the executive director shall act in that capacity for the conduct
10-9 of relations with the representatives of the federal government and
10-10 the respective states concerning matters of historic preservation.
10-11 (l) The commission shall develop and implement policies that
10-12 clearly separate the policymaking responsibilities of the
10-13 commission and the management responsibilities of the executive
10-14 director and the staff of the commission.
10-15 SECTION 5. Section 442.005, Government Code, is amended by
10-16 amending Subsections (a), (d), and (j), adding a new Subsection
10-17 (b), relettering the current Subsection (b) as Subsection (c),
10-18 omitting the current Subsection (c), and adding Subsection (r) to
10-19 read as follows:
10-20 (a) The commission shall furnish leadership, coordination,
10-21 and services to county historical commissions, historical
10-22 societies, and the organizations, agencies, institutions, museums,
10-23 and individuals of this state interested in the preservation of
10-24 archeological or historical heritage and shall act as a
10-25 clearinghouse and information center for that work in this state.
10-26 (b) The commission is responsible for the administration of
10-27 the Antiquities Code of Texas, Chapter 191, Natural Resources Code,
11-1 and shall strive to establish effective working relationships among
11-2 individuals primarily interested in history, architecture, and
11-3 archeology.
11-4 (c) The commission shall furnish professional consultant
11-5 services to museums and to agencies, individuals, and organizations
11-6 interested in the preservation and restoration of archeological or
11-7 historic structures, sites, or landmarks.
11-8 <(c) On receiving notification from a state agency that the
11-9 agency is proposing construction of a new state building in an
11-10 area, the commission shall compile a list of historic structures
11-11 that are suitable and available for state purchase in the area.
11-12 The list must include the name and address of the owner of each
11-13 structure if that information is available to the commission. The
11-14 commission shall furnish the list to the state agency proposing the
11-15 construction not later than the 45th day after the date on which it
11-16 receives notice from the agency.>
11-17 (d) The commission shall compile and furnish to the State
11-18 Purchasing and General Services Commission a list of the names and
11-19 addresses of <owners of historic structures that are suitable and
11-20 available for lease by the state and a list of the names and
11-21 addresses of> individuals and organizations that are interested in
11-22 the preservation of historic structures. The list <lists> shall be
11-23 updated at least once each year.
11-24 (j) The commission shall use its facilities and leadership
11-25 to stimulate the development and protection of archeological or
11-26 historical resources in every locality of this state, emphasizing
11-27 responsibility and privilege of local effort except in a case in
12-1 which the project or problem clearly demands a broader approach.
12-2 (r) The commission may establish advisory committees to
12-3 advise the commission on archeological and historical matters,
12-4 including an advisory committee to consider matters relating to the
12-5 Antiquities Code of Texas, Chapter 191, Natural Resources Code.
12-6 SECTION 6. Subtitle D, Title 4, Government Code, is amended
12-7 by adding Section 442.0085 to read as follows:
12-8 Sec. 442.0085. STATE REGISTER OF HISTORIC PLACES. (a) The
12-9 commission shall develop and maintain a state register of historic
12-10 places using existing statutory classifications of those places,
12-11 including Recorded Texas Historic Landmarks, National Register
12-12 listings, subject markers, and state archeological landmarks.
12-13 (b) The commission shall adopt rules to implement this
12-14 section.
12-15 SECTION 7. Section 442.009, Government Code, is amended to
12-16 read as follows:
12-17 Sec. 442.009. CONSUMER INFORMATION AND COMPLAINTS. (a) The
12-18 commission shall prepare information of public interest <consumer
12-19 interest> describing the functions of the commission and the
12-20 <describing the commission's> procedures by which complaints are
12-21 filed with and resolved by the commission. The commission shall
12-22 make the information available to the <general> public and
12-23 appropriate state agencies.
12-24 (b) The commission by rule shall establish methods by which
12-25 consumers and service recipients are notified of the name, mailing
12-26 address, and telephone number of the commission for the purpose of
12-27 directing complaints to the commission.
13-1 (c) The commission shall keep <an> information <file> about
13-2 each complaint filed with the commission. The information shall
13-3 include:
13-4 (1) the date the complaint is received;
13-5 (2) the name of the complainant;
13-6 (3) the subject matter of the complaint;
13-7 (4) a record of all persons contacted in relation to
13-8 the complaint;
13-9 (5) a summary of the results of the review or
13-10 investigation of the complaint; and
13-11 (6) for complaints for which the agency took no
13-12 action, an explanation of the reason the complaint was closed
13-13 without action.
13-14 (d) The commission shall keep a file about each written
13-15 complaint filed with the commission that the agency has authority
13-16 to resolve. The commission shall provide to the person filing the
13-17 complaint and the persons or entities complained about the
13-18 commission's policies and procedures pertaining to complaint
13-19 investigation and resolution. The commission, <(c) If a written
13-20 complaint is filed with the commission, the commission shall notify
13-21 the parties to the complaint of the status of the complaint> at
13-22 least quarterly and until final disposition of the complaint, shall
13-23 notify the person filing the complaint and the persons or entities
13-24 complained about of the status of the complaint unless the notice
13-25 would jeopardize an undercover investigation.
13-26 SECTION 8. Subtitle D, Title 4, Government Code, is amended
13-27 by adding Section 442.0095 to read as follows:
14-1 Sec. 442.0095. PROGRAM AND FACILITY ACCESSIBILITY. The
14-2 commission shall comply with federal and state laws related to
14-3 program and facility accessibility. The executive director shall
14-4 also prepare and maintain a written plan that describes how a
14-5 person who does not speak English can be provided reasonable access
14-6 to the commission's programs and services.
14-7 SECTION 9. Section 442.010, Government Code, is amended to
14-8 read as follows:
14-9 Sec. 442.010. AUDITS; ANNUAL REPORT. (a) The financial
14-10 transactions of the commission are subject to audit by the state
14-11 auditor in accordance with Chapter 321<, Government Code>.
14-12 (b) The commission shall prepare annually a complete and
14-13 detailed written report accounting for all funds received and
14-14 disbursed by the commission during the preceding fiscal year. The
14-15 annual report must meet the reporting requirements applicable to
14-16 financial reporting provided in the General Appropriations Act.
14-17 SECTION 10. Section 442.015, Government Code, is amended by
14-18 amending the section heading and Subsections (a), (b), and (g) to
14-19 read as follows:
14-20 Sec. 442.015. TEXAS PRESERVATION TRUST FUND ACCOUNT. (a)
14-21 Notwithstanding Section 403.094, the <The> Texas preservation trust
14-22 fund account is a separate account in the general revenue fund <in
14-23 the state treasury>. The account <fund> consists of transfers made
14-24 to the account <fund>, loan repayments, grants and donations made
14-25 for the purposes of this program, proceeds of sales, income earned
14-26 on money in the account <fund>, and any other money received under
14-27 this section. Money in the account <fund> may be used only for the
15-1 purposes of this section and may not be used to pay operating
15-2 expenses of the commission. Money allocated to the commission's
15-3 historic preservation grant program shall be deposited to the
15-4 credit of the account <fund>. Income earned on money in the
15-5 account <fund> shall be deposited to the credit of the account
15-6 <fund>.
15-7 (b) The commission may use money in the Texas preservation
15-8 trust fund account to provide financial assistance to public or
15-9 private entities for the acquisition, restoration, or preservation
15-10 of historic property in the state that is listed in the National
15-11 Register of Historic Places or Recorded Texas Historic Landmarks or
15-12 that the commission determines is eligible for such a listing. The
15-13 financial assistance may be in the amount and form and according to
15-14 the terms that the commission by rule determines. The commission
15-15 shall give priority to property the commission determines to be
15-16 endangered by demolition, neglect, underuse, or other threat to the
15-17 property. Money deposited to the credit of the account <fund>
15-18 specifically for architectural projects or for archeological
15-19 projects may be used only for the type of projects specified. If
15-20 such a specification is not made, 90 percent of the money shall be
15-21 used for historic architectural projects and 10 percent shall be
15-22 used for prehistoric and historic archeological projects.
15-23 (g) The commission may accept grants or other donations of
15-24 money or other property and services from any source. Money
15-25 received under this subsection shall be deposited to the credit of
15-26 the Texas preservation trust fund account.
15-27 SECTION 11. Chapter 442, Government Code, is amended by
16-1 adding Section 442.0155 to read as follows:
16-2 Sec. 442.0155. FUNDS SUBJECT TO STATE FUNDS REFORM ACT. All
16-3 money paid to the commission under this chapter is subject to
16-4 Subchapter F, Chapter 404.
16-5 SECTION 12. Section 442.016(e), Government Code, is amended
16-6 to read as follows:
16-7 (e) Damages recovered under this section shall be deposited
16-8 in the Texas preservation trust fund account.
16-9 SECTION 13. Section 443.008(a), Government Code, is amended
16-10 to read as follows:
16-11 (a) The board shall appoint a permanent advisory committee
16-12 consisting of the executive director of the Texas Historical
16-13 Commission, <chairman of the Antiquities Committee,> director of
16-14 the Texas State Library and Archives Commission, director of the
16-15 Texas Commission on the Arts, and three citizens, one each
16-16 appointed by the governor, lieutenant governor, and speaker of the
16-17 house of representatives. At its first meeting in each
16-18 odd-numbered year, the board shall designate a chairman for the
16-19 committee from among the committee's members. The person
16-20 designated serves in that capacity until a successor is designated.
16-21 SECTION 14. The heading of Section 31.160, Natural Resources
16-22 Code, is amended to read as follows:
16-23 Sec. 31.160. INFORMATION FOR TEXAS HISTORICAL COMMISSION
16-24 <ANTIQUITIES COMMITTEE>.
16-25 SECTION 15. Section 31.160(c), Natural Resources Code, is
16-26 amended to read as follows:
16-27 (c) The division shall give the information and the
17-1 photographs to the Texas Historical Commission <Antiquities
17-2 Committee>.
17-3 SECTION 16. The heading of Chapter 191, Natural Resources
17-4 Code, is amended to read as follows:
17-5 CHAPTER 191. ANTIQUITIES CODE <COMMITTEE>
17-6 SECTION 17. Section 191.003(1), Natural Resources Code, is
17-7 amended to read as follows:
17-8 (1) "Committee" means the Texas Historical Commission
17-9 <Antiquities Committee>.
17-10 SECTION 18. Subchapter C, Chapter 191, Natural Resources
17-11 Code, is amended by adding Section 191.0525 to read as follows:
17-12 Sec. 191.0525. NOTICE REQUIRED. (a) Before beginning a
17-13 project or class of projects that could affect an archeological
17-14 site on state or local public property, a person planning the
17-15 project must notify the committee. The committee shall determine
17-16 whether:
17-17 (1) a historically significant archeological site is
17-18 likely to be present in the project area; and
17-19 (2) additional action, if any, is needed to protect
17-20 the site.
17-21 (b) The committee by rule shall establish procedures to
17-22 implement this section.
17-23 SECTION 19. Section 11.24, Tax Code, is amended to read as
17-24 follows:
17-25 Sec. 11.24. HISTORIC SITES. The governing body of a taxing
17-26 unit by official action of the body adopted in the manner required
17-27 by law for official actions may exempt from taxation part or all of
18-1 the assessed value of a structure or archeological site and the
18-2 land necessary for access to and use of the structure or
18-3 archeological site, if the structure or archeological site is:
18-4 (1) designated as a Recorded Texas Historic
18-5 <Historical> Landmark under Chapter 442, Government Code, or a
18-6 state archeological landmark under Chapter 191, Natural Resources
18-7 Code, by the Texas Historical Commission <and by the governing body
18-8 of the taxing unit>; or
18-9 (2) designated as a historically or archeologically
18-10 significant site in need of tax relief to encourage its
18-11 preservation pursuant to an ordinance or other law adopted by the
18-12 governing body of the unit.
18-13 SECTION 20. Section 315.006(k), Local Government Code, is
18-14 amended to read as follows:
18-15 (k) If the Texas Historical Commission makes a determination
18-16 under Subsection (j)(2), the commission may enforce this section,
18-17 and the municipality may not act under this section. Damages
18-18 recovered under this subsection shall be deposited in the Texas
18-19 preservation trust fund account.
18-20 SECTION 21. Section 5.01A, State Purchasing and General
18-21 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
18-22 amended to read as follows:
18-23 Sec. 5.01A. (a) In acquiring real property, each using
18-24 agency of the state, other than those specifically excluded by
18-25 Sections 5.13 and 5.14 of this article, shall give first
18-26 consideration to a building that is designated as a historic
18-27 structure under Section 442.001, Government Code, or to a building
19-1 that has been designated a landmark by the local governing
19-2 authority, if the building meets requirements and specifications
19-3 and the cost is not substantially higher than other available
19-4 structures that meet requirements and specifications.
19-5 (b) <Upon consideration of the construction of a new state
19-6 building, the using agency shall notify the Texas Historical
19-7 Commission and shall request a list of historic structures in the
19-8 proposed construction area that are suitable and available for
19-9 state acquisition.>
19-10 <(c) If the using agency decides to proceed with new
19-11 construction, the using agency shall forward to the commission for
19-12 inclusion in the project analysis for the new construction:>
19-13 <(1) the date it notified the Texas Historical
19-14 Commission of the proposed construction;>
19-15 <(2) the date of the Texas Historical Commission's
19-16 response;>
19-17 <(3) a copy of the list of historic structures
19-18 furnished by the Texas Historical Commission; and>
19-19 <(4) a statement of the reasons for the rejection of
19-20 each of the historic structures on the list.>
19-21 <(d)> If the using agency rejects the acquisition of a
19-22 historic structure because of the cost of the structure, the using
19-23 agency shall forward to the commission for inclusion in the project
19-24 analysis for the new construction or acquisition a comparison of
19-25 the cost of the new construction or acquisition with the cost of
19-26 the purchase and rehabilitation of the historic structure.
19-27 (c) <(e)> In determining the feasibility of the acquisition
20-1 of a historic structure, the using agency shall evaluate the
20-2 possibility of providing the space needed by the using agency by
20-3 combining new construction with the acquisition of the historic
20-4 structure.
20-5 (d) <(f)> Upon request of the using agency, the commission
20-6 shall assist the using agency in evaluating the feasibility of
20-7 acquiring a historic structure and in preparing the information
20-8 required by Subsection (b) <Subsections (c) and (d)> of this
20-9 section.
20-10 (e) <(g)> The commission shall fulfill the requirements of
20-11 Subsections (a) through (c) <(e)> of this section for all projects
20-12 for which it is the using agency and for any multiagency state
20-13 office building for which the commission serves as the coordinating
20-14 authority.
20-15 SECTION 22. Section 6.05(j), State Purchasing and General
20-16 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
20-17 amended to read as follows:
20-18 (j) In leasing space for the use of state agencies, the
20-19 commission shall give first consideration to a building that is
20-20 designated as a historic structure under Section 442.001,
20-21 Government Code, or to a building that has been designated a
20-22 landmark by the local governing authority, if the building meets
20-23 requirements and specifications and the cost is not substantially
20-24 higher than other available structures that meet requirements and
20-25 specifications. Upon consideration of the leasing of space for the
20-26 use of a state agency, the commission shall notify all individuals
20-27 and organizations that are within the county where the leasing is
21-1 under consideration and that are on a list furnished to the
21-2 commission by the Texas Historical Commission as required by
21-3 Section 442.005, Government Code. At the end of a biennium, the
21-4 commission shall report to the legislature the commission's reasons
21-5 for rejecting during the biennium the lease of any historic
21-6 structure whose owner bid to lease space to the state.
21-7 SECTION 23. The Texas Historical Commission shall report to
21-8 the 75th Legislature not later than February 1, 1997, regarding the
21-9 state register of historic places required by Section 442.0085,
21-10 Government Code, as added by this Act. The initial report must
21-11 include recommendations for statutory changes to implement the
21-12 state register, ensure uniform and adequate protection for historic
21-13 properties, and eliminate duplication to the extent possible.
21-14 SECTION 24. (a) As the terms of the members of the Texas
21-15 Historical Commission expire, or as a vacancy occurs on the
21-16 commission, the governor shall appoint members to the commission to
21-17 achieve, as soon as possible, the membership plan prescribed for
21-18 the commission by Sections 442.002(b) and (e), Government Code, as
21-19 amended by this Act.
21-20 (b) The changes in law to Sections 442.002(b) and (e),
21-21 Government Code, and the additions to law of Sections 442.0021 and
21-22 442.0022, Government Code, made by this Act apply only to a member
21-23 of the Texas Historical Commission who is appointed to the
21-24 commission on or after the effective date of this Act.
21-25 SECTION 25. (a) The Antiquities Committee is abolished and
21-26 its powers and duties are transferred, as provided by this Act, to
21-27 the Texas Historical Commission. A reference in law to the
22-1 Antiquities Committee means the Texas Historical Commission.
22-2 (b) The Texas Historical Commission assumes the position of
22-3 the Antiquities Committee as to the obligations, agreements, and
22-4 contracts of the committee.
22-5 (c) The records, other property, and unobligated and
22-6 unexpended appropriations of the Antiquities Committee become the
22-7 records, property, and appropriations of the Texas Historical
22-8 Commission. The personnel of the committee continue as employees
22-9 of the commission.
22-10 (d) A rule adopted by the Antiquities Committee that is in
22-11 effect immediately before September 1, 1995, becomes a rule of the
22-12 Texas Historical Commission and remains in effect until amended or
22-13 repealed by the commission.
22-14 SECTION 26. The sections of Subchapter B, Chapter 191,
22-15 Natural Resources Code, are repealed, except for Sections
22-16 191.021(b), (c), and (d).
22-17 SECTION 27. This Act takes effect September 1, 1995.
22-18 SECTION 28. The importance of this legislation and the
22-19 crowded condition of the calendars in both houses create an
22-20 emergency and an imperative public necessity that the
22-21 constitutional rule requiring bills to be read on three several
22-22 days in each house be suspended, and this rule is hereby suspended.