S.B. No. 365
AN ACT
1-1 relating to the continuation and functions of the Texas Historical
1-2 Commission and to the abolition of the Antiquities Committee and
1-3 the transfer of the committee's functions to the commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 442.002, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 442.002. COMMISSION; MEMBERS; SUNSET ACT. (a) The
1-8 Texas Historical Commission is an agency of the state.
1-9 (b) The commission is composed of 18 members appointed by
1-10 the governor with the advice and consent of the senate. One member
1-11 must be a professional archeologist, one must be a professional
1-12 historian, and one must be a licensed architect who has expertise
1-13 in historic preservation and architectural history. Fifteen
1-14 members must be representatives of the general public. A person is
1-15 not eligible for appointment as a public member of the commission
1-16 if the person or the person's spouse:
1-17 (1) owns or controls, directly or indirectly, more
1-18 than a 10 percent interest in a business entity or other
1-19 organization regulated by the commission or receiving funds other
1-20 than grant funds from the commission; or
1-21 (2) uses or receives a substantial amount of tangible
1-22 goods, services, or funds from the commission, other than
1-23 compensation or reimbursement authorized by law for commission
1-24 membership, attendance, or expenses.
2-1 (c) Members serve for staggered six-year terms, with the
2-2 terms of one-third of the members expiring February 1 of each
2-3 odd-numbered year.
2-4 (d) Any vacancy occurring on the commission shall be filled
2-5 for the unexpired term.
2-6 (e) A member of the commission must be a citizen of this
2-7 state who has demonstrated an interest in the preservation of the
2-8 state's historical or archeological heritage. In making
2-9 appointments to the commission, the governor shall:
2-10 (1) seek to have each geographical section of the
2-11 state represented as nearly as possible; and
2-12 (2) appoint at least two members from counties with a
2-13 population of less than 50,000.
2-14 (f) A person may not serve as a member of the commission or
2-15 act as the general counsel to the commission if the person <who> is
2-16 required to register as a lobbyist under Chapter 305 because<, by
2-17 virtue> of the person's activities for compensation <in or> on
2-18 behalf of a profession related to the operation of the commission<,
2-19 may not serve as a member of the commission or act as the general
2-20 counsel to the commission>.
2-21 (g) <It is a ground for removal from the commission that a
2-22 member violates a prohibition established by Subsection (f) or does
2-23 not have at the time of appointment or does not maintain during the
2-24 service on the commission the qualifications required for
2-25 appointment by Subsection (e). The validity of an action of the
2-26 commission is not affected by the fact that the action was taken
2-27 when a ground for removal of a member of the commission existed.>
3-1 <(h)> The commission shall hold at least one regular meeting
3-2 in each calendar quarter of each year. The commission may hold
3-3 other meetings at times and places scheduled by it in formal
3-4 session or called by the chairman of the commission.
3-5 (h) The governor shall designate a member of the commission
3-6 as the presiding officer of the commission to serve in that
3-7 capacity at the pleasure of the governor. <(i)> At its first
3-8 meeting in each odd-numbered year, the commission shall select from
3-9 its membership an assistant presiding officer <a chairman,
3-10 vice-chairman,> and a secretary.
3-11 (i) <(j)> A member of the commission serves without pay but
3-12 shall be reimbursed for actual expenses incurred in attending a
3-13 meeting of the commission.
3-14 (j) <(k)> The commission is subject to the open meetings
3-15 law, Chapter 551, and the administrative procedure law, Chapter
3-16 2001 <271, Acts of the 60th Legislature, Regular Session, 1967
3-17 (Article 6252-17, Vernon's Texas Civil Statutes), and the
3-18 Administrative Procedure and Texas Register Act (Article 6252-13a,
3-19 Vernon's Texas Civil Statutes)>. The commission shall develop and
3-20 implement policies that provide the public with a reasonable
3-21 opportunity to appear before the commission and to <At an open
3-22 meeting of the commission, a member of the public is entitled to
3-23 appear and> speak on any issue under the jurisdiction of the
3-24 commission<, within the limits of any reasonable rules of the
3-25 commission designed to expedite consideration of issues at a
3-26 meeting>.
3-27 (k) <(l)> The Texas Historical Commission is subject to
4-1 Chapter 325 (Texas Sunset Act). Unless continued in existence as
4-2 provided by that chapter, the commission is abolished and this
4-3 chapter expires September 1, 2007 <1995>.
4-4 (l) Appointments to the commission shall be made without
4-5 regard to the race, color, disability, sex, religion, age, or
4-6 national origin of the appointees.
4-7 SECTION 2. Chapter 442, Government Code, is amended by
4-8 adding Sections 442.0021, 442.0022, and 442.0023 to read as
4-9 follows:
4-10 Sec. 442.0021. COMMISSION MEMBERS: TRAINING. (a) Before a
4-11 member of the commission may assume the member's duties and before
4-12 the member may be confirmed by the senate, the member must complete
4-13 at least one course of the training program established under this
4-14 section.
4-15 (b) A training program established under this section shall
4-16 provide information to the member regarding:
4-17 (1) the enabling legislation that created the
4-18 commission;
4-19 (2) the programs operated by the commission;
4-20 (3) the role and functions of the commission;
4-21 (4) the rules of the commission with an emphasis on
4-22 the rules that relate to disciplinary and investigatory authority;
4-23 (5) the current budget for the commission;
4-24 (6) the results of the most recent formal audit of the
4-25 commission;
4-26 (7) the requirements of the:
4-27 (A) open meetings law, Chapter 551;
5-1 (B) open records law, Chapter 552; and
5-2 (C) administrative procedure law, Chapter 2001;
5-3 (8) the requirements of the conflict of interest laws
5-4 and other laws relating to public officials; and
5-5 (9) any applicable ethics policies adopted by the
5-6 commission or the Texas Ethics Commission.
5-7 Sec. 442.0022. COMMISSION MEMBERS: CONFLICT OF INTEREST.
5-8 (a) An officer, employee, or paid consultant of a Texas trade
5-9 association in the field of archeology or historic preservation may
5-10 not be a member of the commission or employee of the commission who
5-11 is exempt from the state's position classification plan or is
5-12 compensated at or above the amount prescribed by the General
5-13 Appropriations Act for step 1, salary group 17, of the position
5-14 classification salary schedule.
5-15 (b) A person who is the spouse of an officer, manager, or
5-16 paid consultant of a Texas trade association in the field of
5-17 archeology or historic preservation may not be a member of the
5-18 commission and may not be an employee of the commission who is
5-19 exempt from the state's position classification plan or is
5-20 compensated at or above the amount prescribed by the General
5-21 Appropriations Act for step 1, salary group 17, of the position
5-22 classification salary schedule.
5-23 (c) For the purposes of this section, a Texas trade
5-24 association is a nonprofit, cooperative, and voluntarily joined
5-25 association of business or professional competitors in this state
5-26 designed to assist its members and its industry or profession in
5-27 dealing with mutual business or professional problems and in
6-1 promoting their common interest.
6-2 Sec. 442.0023. COMMISSION MEMBERS: GROUNDS FOR REMOVAL.
6-3 (a) It is a ground for removal from the commission if a member:
6-4 (1) does not have at the time of appointment the
6-5 qualifications required by Sections 442.002(b) and (e);
6-6 (2) does not maintain during service on the commission
6-7 the qualifications required by Sections 442.002(b) and (e);
6-8 (3) violates a prohibition established by Sections
6-9 442.002(f) or 442.0022;
6-10 (4) cannot because of illness or disability discharge
6-11 the member's duties for a substantial part of the term for which
6-12 the member is appointed; or
6-13 (5) is absent from more than half of the regularly
6-14 scheduled commission meetings that the member is eligible to attend
6-15 during a calendar year unless the absence is excused by majority
6-16 vote of the commission.
6-17 (b) The validity of an action of the commission is not
6-18 affected by the fact that it is taken when a ground for removal of
6-19 a commission member exists.
6-20 (c) If the executive director has knowledge that a potential
6-21 ground for removal exists, the executive director shall notify the
6-22 presiding officer of the commission of the potential ground. The
6-23 presiding officer shall then notify the governor and the attorney
6-24 general that a potential ground for removal exists. If the
6-25 potential ground for removal involves the presiding officer, the
6-26 executive director shall notify the next highest officer of the
6-27 commission, who shall notify the governor and the attorney general
7-1 that a potential ground for removal exists.
7-2 SECTION 3. Section 442.003, Government Code, is amended to
7-3 read as follows:
7-4 Sec. 442.003. PURPOSE OF COMMISSION. The commission shall
7-5 provide leadership and coordinate services in the field of
7-6 archeological and historic preservation.
7-7 SECTION 4. Section 442.004, Government Code, is amended to
7-8 read as follows:
7-9 Sec. 442.004. PERSONNEL. (a) The commission shall employ
7-10 an executive director.
7-11 (b) A person employed as executive director must:
7-12 (1) be a citizen of this state;
7-13 (2) have ability in organization, administration, and
7-14 coordination of organizational work; and
7-15 (3) have particular qualities for carrying out the
7-16 purposes of the commission.
7-17 (c) The executive director may employ professional and
7-18 clerical personnel as considered necessary. The number of
7-19 employees, their compensation, and other expenditures shall be in
7-20 accordance with appropriations to the commission by the
7-21 legislature.
7-22 (d) The executive director or the executive director's
7-23 designee shall provide to members of the commission and to agency
7-24 employees, as <As> often as necessary, information regarding their
7-25 qualification for office or employment under this chapter and their
7-26 <the commission shall provide to its members and staff information
7-27 regarding their> responsibilities under applicable laws relating to
8-1 standards of conduct for state officers or employees.
8-2 (e) The executive director or the executive director's
8-3 designee shall develop an intra-agency <a> career ladder program
8-4 that addresses opportunities for mobility and advancement for
8-5 employees within the commission. The program shall require
8-6 intra-agency posting of all positions concurrently with any public
8-7 posting <within the agency. The program must require that openings
8-8 in all positions except entry level positions be posted within the
8-9 commission for at least 10 days before they are posted for the
8-10 public>.
8-11 (f) The executive director or the executive director's
8-12 designee shall develop a system of annual performance evaluations
8-13 based on documented employee performance <measurable job tasks>.
8-14 All <Any> merit pay for commission employees must be based on the
8-15 system established under this subsection <that system>.
8-16 (g) The executive director or the executive director's
8-17 designee shall prepare and maintain a written policy statement
8-18 <plan> to assure implementation of a program of equal employment
8-19 opportunity under which all <any> personnel transactions are
8-20 <transaction is> made without regard to race, color, disability,
8-21 sex, religion, age, or national origin. <The plan must cover an
8-22 annual period and be updated at least annually.> The policy
8-23 statement <plan> must include:
8-24 (1) personnel policies, including policies relating to
8-25 recruitment, evaluation, selection, appointment, training, and
8-26 promotion of personnel, that are in compliance with the
8-27 requirements of Chapter 21, Labor Code;
9-1 (2) a comprehensive analysis of the commission
9-2 workforce that meets federal and state guidelines;
9-3 (3) procedures by which a determination can be made
9-4 about the extent of underuse in the commission workforce of all
9-5 persons for whom federal or state guidelines encourage a more
9-6 equitable balance; and
9-7 (4) reasonable methods to appropriately address those
9-8 areas of underuse <a comprehensive analysis of the commission's
9-9 employees by race, sex, ethnic origin, class of position, and
9-10 salary or wage;>
9-11 <(2) plans for recruitment, evaluation, selection,
9-12 appointment, training, promotion, and other personnel policies;>
9-13 <(3) steps reasonably designed to overcome any
9-14 identified underuse of minorities and women in the commission's
9-15 work force; and>
9-16 <(4) objectives and goals, timetables for the
9-17 achievement of the objectives and goals, and assignments of
9-18 responsibility for the achievement of the objectives and goals>.
9-19 (h) A policy statement prepared under Subsection (g) must
9-20 cover an annual period, be updated annually, be reviewed by the
9-21 Commission on Human Rights for compliance with Subsection (g), and
9-22 be filed with the governor's office.
9-23 (i) The governor's office shall deliver a biennial report to
9-24 the legislature based on the information received under Subsection
9-25 (h). The report may be made separately or as a part of other
9-26 biennial reports made to the legislature.
9-27 (j) Before the expiration of 30 days after April 1 and
10-1 November 1 of each year the commission shall submit a progress
10-2 report to the governor. The report must include a statement of the
10-3 steps that the commission has taken during the previous six months
10-4 to comply with the requirement of Subsection (g).
10-5 (k) <(i)> The governor shall designate the executive
10-6 director as the state historic preservation <liaison> officer, and
10-7 the executive director shall act in that capacity for the conduct
10-8 of relations with the representatives of the federal government and
10-9 the respective states concerning matters of historic preservation.
10-10 (l) The commission shall develop and implement policies that
10-11 clearly separate the policymaking responsibilities of the
10-12 commission and the management responsibilities of the executive
10-13 director and the staff of the commission.
10-14 SECTION 5. Section 442.005, Government Code, is amended by
10-15 amending Subsections (a), (b), (c), (d), and (j) and by adding
10-16 Subsections (r) and (s) to read as follows:
10-17 (a) The commission shall furnish leadership, coordination,
10-18 and services to county historical commissions, historical
10-19 societies, and the organizations, agencies, institutions, museums,
10-20 and individuals of this state interested in the preservation of
10-21 archeological or historical heritage and shall act as a
10-22 clearinghouse and information center for that work in this state.
10-23 (b) The commission is responsible for the administration of
10-24 the Antiquities Code of Texas, Chapter 191, Natural Resources Code,
10-25 and shall strive to establish effective working relationships among
10-26 individuals primarily interested in history, architecture, and
10-27 archeology.
11-1 (c) The commission shall furnish professional consultant
11-2 services to museums and to agencies, individuals, and organizations
11-3 interested in the preservation and restoration of archeological or
11-4 historic structures, sites, or landmarks.
11-5 <(c) On receiving notification from a state agency that the
11-6 agency is proposing construction of a new state building in an
11-7 area, the commission shall compile a list of historic structures
11-8 that are suitable and available for state purchase in the area.
11-9 The list must include the name and address of the owner of each
11-10 structure if that information is available to the commission. The
11-11 commission shall furnish the list to the state agency proposing the
11-12 construction not later than the 45th day after the date on which it
11-13 receives notice from the agency.>
11-14 (d) The commission shall compile and furnish to the State
11-15 Purchasing and General Services Commission a list of the names and
11-16 addresses of <owners of historic structures that are suitable and
11-17 available for lease by the state and a list of the names and
11-18 addresses of> individuals and organizations that are interested in
11-19 the preservation of historic structures. The list <lists> shall be
11-20 updated at least once each year.
11-21 (j) The commission shall use its facilities and leadership
11-22 to stimulate the development and protection of archeological or
11-23 historical resources in every locality of this state, emphasizing
11-24 responsibility and privilege of local effort except in a case in
11-25 which the project or problem clearly demands a broader approach.
11-26 (r) The commission may establish advisory committees to
11-27 advise the commission on archeological and historical matters,
12-1 including an advisory committee to consider matters relating to
12-2 Chapter 191, Natural Resources Code.
12-3 (s) The commission may promote the appreciation of historic
12-4 sites, structures, or objects in the state through a program
12-5 designed to develop tourism in the state.
12-6 SECTION 6. Chapter 442, Government Code, is amended by
12-7 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. Chapter 442, Government Code, is amended by
12-16 adding Section 442.0086 to read as follows:
12-17 Sec. 442.0086. MILITARY SITES PROGRAM. (a) The commission
12-18 shall identify sites in and outside this state that are
12-19 historically significant to this state because of:
12-20 (1) military action or service at the sites; or
12-21 (2) other significant events of a military nature at
12-22 the sites that shaped the history of this state.
12-23 (b) In carrying out its duties under Subsection (a), the
12-24 commission shall assist other governmental entities, including
12-25 other states, institutions, organizations, and other entities in
12-26 identifying military sites outside this state where Texans served
12-27 with distinction.
13-1 (c) The commission may designate or encourage the
13-2 designation of sites identified under Subsections (a) and (b)
13-3 through existing history programs, including:
13-4 (1) local community landmark programs;
13-5 (2) the state historical marker program under Section
13-6 442.006;
13-7 (3) the National Register of Historic Places;
13-8 (4) the National Historic Landmarks program;
13-9 (5) the World Heritage List; and
13-10 (6) other appropriate programs.
13-11 (d) The commission may provide information regarding the
13-12 significance of the sites designated under this section using:
13-13 (1) historical markers and monuments;
13-14 (2) publications and films; and
13-15 (3) other appropriate media.
13-16 (e) The commission may seek assistance from other state and
13-17 local governmental entities in carrying out the commission's duties
13-18 under this section.
13-19 (f) The commission may seek and accept gifts, grants, and
13-20 donations from public or private sources, including seeking
13-21 available federal funds, to accomplish the purposes of this
13-22 section.
13-23 SECTION 8. Section 442.009, Government Code, is amended to
13-24 read as follows:
13-25 Sec. 442.009. CONSUMER INFORMATION AND COMPLAINTS. (a) The
13-26 commission shall prepare information of public <consumer> interest
13-27 describing the functions of the commission and the <describing the
14-1 commission's> procedures by which complaints are filed with and
14-2 resolved by the commission. The commission shall make the
14-3 information available to the <general> public and appropriate state
14-4 agencies.
14-5 (b) The commission by rule shall establish methods by which
14-6 consumers and service recipients are notified of the name, mailing
14-7 address, and telephone number of the commission for the purpose of
14-8 directing complaints to the commission.
14-9 (c) The commission shall keep <an> information <file> about
14-10 each complaint filed with the commission. The information shall
14-11 include:
14-12 (1) the date the complaint is received;
14-13 (2) the name of the complainant;
14-14 (3) the subject matter of the complaint;
14-15 (4) a record of all persons contacted in relation to
14-16 the complaint;
14-17 (5) a summary of the results of the review or
14-18 investigation of the complaint; and
14-19 (6) for complaints for which the agency took no
14-20 action, an explanation of the reason the complaint was closed
14-21 without action.
14-22 (d) The commission shall keep a file about each written
14-23 complaint filed with the commission that the agency has authority
14-24 to resolve. The commission shall provide to the person filing the
14-25 complaint and the persons or entities complained about the
14-26 commission's policies and procedures pertaining to complaint
14-27 investigation and resolution. The commission, <(c) If a written
15-1 complaint is filed with the commission, the commission shall notify
15-2 the parties to the complaint of the status of the complaint> at
15-3 least quarterly and until final disposition of the complaint, shall
15-4 notify the person filing the complaint and the persons or entities
15-5 complained about of the status of the complaint unless the notice
15-6 would jeopardize an undercover investigation.
15-7 SECTION 9. Chapter 442, Government Code, is amended by
15-8 adding Section 442.0095 to read as follows:
15-9 Sec. 442.0095. PROGRAM AND FACILITY ACCESSIBILITY. The
15-10 commission shall comply with federal and state laws related to
15-11 program and facility accessibility. The executive director shall
15-12 also prepare and maintain a written plan that describes how a
15-13 person who does not speak English can be provided reasonable access
15-14 to the commission's programs and services.
15-15 SECTION 10. Section 442.010, Government Code, is amended to
15-16 read as follows:
15-17 Sec. 442.010. AUDITS; ANNUAL REPORT. (a) The financial
15-18 transactions of the commission are subject to audit by the state
15-19 auditor in accordance with Chapter 321<, Government Code>.
15-20 (b) The commission shall prepare annually a complete and
15-21 detailed written report accounting for all funds received and
15-22 disbursed by the commission during the preceding fiscal year. The
15-23 annual report must meet the reporting requirements applicable to
15-24 financial reporting provided in the General Appropriations Act.
15-25 SECTION 11. Section 442.015, Government Code, is amended by
15-26 amending the section heading and Subsections (a), (b), and (g) to
15-27 read as follows:
16-1 Sec. 442.015. TEXAS PRESERVATION TRUST FUND ACCOUNT.
16-2 (a) Notwithstanding Sections 403.094 and 403.095, the <The> Texas
16-3 preservation trust fund account is a separate account in the
16-4 general revenue fund <in the state treasury>. The account <fund>
16-5 consists of transfers made to the account <fund>, loan repayments,
16-6 grants and donations made for the purposes of this program,
16-7 proceeds of sales, income earned on money in the account <fund>,
16-8 and any other money received under this section. Money in the
16-9 account <fund> may be used only for the purposes of this section
16-10 and may not be used to pay operating expenses of the commission.
16-11 Money allocated to the commission's historic preservation grant
16-12 program shall be deposited to the credit of the account <fund>.
16-13 Income earned on money in the account <fund> shall be deposited to
16-14 the credit of the account <fund>.
16-15 (b) The commission may use money in the Texas preservation
16-16 trust fund account to provide financial assistance to public or
16-17 private entities for the acquisition, restoration, or preservation
16-18 of historic property in the state that is listed in the National
16-19 Register of Historic Places or Recorded Texas Historic Landmarks or
16-20 that the commission determines is eligible for such a listing. The
16-21 financial assistance may be in the amount and form and according to
16-22 the terms that the commission by rule determines. The commission
16-23 shall give priority to property the commission determines to be
16-24 endangered by demolition, neglect, underuse, or other threat to the
16-25 property. Money deposited to the credit of the account <fund>
16-26 specifically for architectural projects or for archeological
16-27 projects may be used only for the type of projects specified. If
17-1 such a specification is not made, 90 percent of the money shall be
17-2 used for historic architectural projects and 10 percent shall be
17-3 used for prehistoric and historic archeological projects.
17-4 (g) The commission may accept grants or other donations of
17-5 money or other property and services from any source. Money
17-6 received under this subsection shall be deposited to the credit of
17-7 the Texas preservation trust fund account.
17-8 SECTION 12. Chapter 442, Government Code, is amended by
17-9 adding Section 442.0155 to read as follows:
17-10 Sec. 442.0155. FUNDS SUBJECT TO STATE FUNDS REFORM ACT. All
17-11 money paid to the commission under this chapter is subject to
17-12 Subchapter F, Chapter 404.
17-13 SECTION 13. Subsection (e), Section 442.016, Government
17-14 Code, is amended to read as follows:
17-15 (e) Damages recovered under this section shall be deposited
17-16 in the Texas preservation trust fund account.
17-17 SECTION 14. Subsection (a), Section 443.008, Government
17-18 Code, is amended to read as follows:
17-19 (a) The board shall appoint a permanent advisory committee
17-20 consisting of the executive director of the Texas Historical
17-21 Commission, <chairman of the Antiquities Committee,> director of
17-22 the Texas State Library and Archives Commission, director of the
17-23 Texas Commission on the Arts, and three citizens, one each
17-24 appointed by the governor, lieutenant governor, and speaker of the
17-25 house of representatives. At its first meeting in each
17-26 odd-numbered year, the board shall designate a chairman for the
17-27 committee from among the committee's members. The person
18-1 designated serves in that capacity until a successor is designated.
18-2 SECTION 15. The heading of Section 31.160, Natural Resources
18-3 Code, is amended to read as follows:
18-4 Sec. 31.160. INFORMATION FOR TEXAS HISTORICAL COMMISSION
18-5 <ANTIQUITIES COMMITTEE>.
18-6 SECTION 16. Subsection (c), Section 31.160, Natural
18-7 Resources Code, is amended to read as follows:
18-8 (c) The division shall give the information and the
18-9 photographs to the Texas Historical Commission <Antiquities
18-10 Committee>.
18-11 SECTION 17. The heading of Chapter 191, Natural Resources
18-12 Code, is amended to read as follows:
18-13 CHAPTER 191. ANTIQUITIES CODE <COMMITTEE>
18-14 SECTION 18. Subdivision (1), Section 191.003, Natural
18-15 Resources Code, is amended to read as follows:
18-16 (1) "Committee" means the Texas Historical Commission
18-17 <Antiquities Committee>.
18-18 SECTION 19. Subchapter C, Chapter 191, Natural Resources
18-19 Code, is amended by adding Section 191.0525 to read as follows:
18-20 Sec. 191.0525. NOTICE REQUIRED. (a) Before breaking ground
18-21 at a project location on state or local public land, the person
18-22 primarily responsible for the project or the person's agent shall
18-23 notify the committee. The committee shall promptly determine
18-24 whether:
18-25 (1) a historically significant archeological site is
18-26 likely to be present at the project location;
18-27 (2) additional action, if any, is needed to protect
19-1 the site; and
19-2 (3) an archeological survey is necessary.
19-3 (b) Except as provided by Subsection (c), the committee
19-4 shall make a determination not later than the 30th day after the
19-5 date the committee receives notice under Subsection (a). If the
19-6 committee fails to respond in the 30-day period, the person may
19-7 proceed with the project without further notice to the committee.
19-8 If the committee determines that an archeological survey is
19-9 necessary at the project location, the project may not commence
19-10 until the archeological survey is completed.
19-11 (c) The committee shall make a determination not later than
19-12 the 15th day after the date the committee receives notice under
19-13 Subsection (a) for project locations regarding oil, gas, or other
19-14 mineral exploration, production, processing, marketing, refining,
19-15 or transportation facility or pipeline projects. If the committee
19-16 fails to respond in the 15-day period, the person may proceed with
19-17 the project without further notice to the committee. If the
19-18 committee determines that an archeological survey is necessary at
19-19 the project location, the project may not commence until the
19-20 archeological survey is completed.
19-21 (d) A project for a county or municipality requires advance
19-22 project review only if the project affects a cumulative area larger
19-23 than five acres or disturbs a cumulative area of more than 5,000
19-24 cubic yards, whichever measure is triggered first, or if the
19-25 project is inside a designated historic district or recorded
19-26 archeological site.
19-27 (e) There exist categorical exclusions since many activities
20-1 conducted on nonfederal public land have little, if any, chance to
20-2 damage archeological sites, and therefore should not require
20-3 notification under this section. The following are categorical
20-4 exclusions at a minimum:
20-5 (1) water injection into existing oil and gas wells;
20-6 (2) upgrading of electrical transmission lines when
20-7 there will be no new disturbance of the existing easement;
20-8 (3) seismic exploration activity when there is no
20-9 ground penetration or disturbance;
20-10 (4) building and repairing fences that do not require
20-11 construction or modification of associated roads, fire breaks, or
20-12 previously disturbed ground;
20-13 (5) road maintenance that does not involve widening or
20-14 lengthening the road;
20-15 (6) installation or replacement of meter taps;
20-16 (7) controlled burning of fields;
20-17 (8) animal grazing;
20-18 (9) plowing, if the techniques are similar to those
20-19 used previously;
20-20 (10) installation of monuments and sign posts unless
20-21 within the boundaries of designated historic districts;
20-22 (11) maintenance of existing trails;
20-23 (12) land sales and trades of land held by the
20-24 permanent school fund and permanent university fund;
20-25 (13) permanent school fund and permanent university
20-26 fund leases, easements, and permits, including mineral leases and
20-27 pooling agreements, in which the lessee, grantee, or permittee is
21-1 specifically required to comply with the provisions of this
21-2 chapter;
21-3 (14) oil, gas, or other mineral exploration,
21-4 production, processing, marketing, refining, or transportation
21-5 facility or pipeline project in an area where the project will
21-6 cross state or local public roads, rivers, and streams, unless they
21-7 contain a recorded archeological site or a designated state land
21-8 tract in Texas' submerged lands;
21-9 (15) maintenance, operation, replacement, or minor
21-10 modification of an existing oil, gas, or other mineral exploration,
21-11 production, processing, marketing, refining, or transportation
21-12 facility or pipeline; and
21-13 (16) any project for which a state permit application
21-14 has been made prior to promulgation of rules under this section.
21-15 (f) This section does not apply to any state agency or
21-16 political subdivision that has entered into a memorandum of
21-17 understanding for coordination with the committee.
21-18 (g)(1) If, during the course of a project or class of
21-19 projects that have complied with the notification requirements of
21-20 this section, a person encounters an archeological site, the person
21-21 shall abate activity on the project at the project location and
21-22 shall promptly notify the committee. Within two business days of
21-23 notification under this subsection, the committee shall determine
21-24 whether:
21-25 (A) a historically significant archeological
21-26 site is likely to be present in the project area;
21-27 (B) additional action, if any, is needed to
22-1 protect the site; and
22-2 (C) an archeological investigation is necessary.
22-3 (2) If the committee fails to respond within two
22-4 business days, the person may proceed without further notice to the
22-5 committee.
22-6 (h) The notification required by this section does not apply
22-7 to a response to a fire, spill, or other emergency associated with
22-8 an existing facility located on state or local public lands if the
22-9 emergency requires an immediate response.
22-10 (i) The committee by rule shall establish procedures to
22-11 implement this section.
22-12 SECTION 20. Section 191.092, Natural Resources Code, is
22-13 amended by adding new Subsections (c), (d), and (e) and relettering
22-14 existing Subsections (c), (d), and (e) to read as follows:
22-15 (c) An individual or a private group that desires to
22-16 nominate a building or site owned by a political subdivision as a
22-17 state archeological landmark must give notice of the nomination at
22-18 the individual's or group's own expense in a newspaper of general
22-19 circulation published in the city, town, or county in which the
22-20 building or site is located. If no newspaper of general
22-21 circulation is published in the city, town, or county, the notice
22-22 must be published in a newspaper of general circulation published
22-23 in an adjoining or neighboring county that is circulated in the
22-24 county of the applicant's residence. The notice must:
22-25 (1) be printed in 12-point boldface type;
22-26 (2) include the exact location of the building or
22-27 site; and
23-1 (3) include the name of the group or individual
23-2 nominating the building or site.
23-3 (d) An original copy of the notice and an affidavit of
23-4 publication signed by the newspaper's publisher must be submitted
23-5 to the commission with the application for nomination.
23-6 (e) The commission may not consider for designation as a
23-7 state archeological landmark a building or site owned by a
23-8 political subdivision unless the notice and affidavit required by
23-9 Subsection (d) are attached to the application.
23-10 (f) Before the committee may designate a structure or
23-11 building as a state archeological landmark, the structure or
23-12 building must be listed on the National Register of Historic
23-13 Places.
23-14 (g) <(d)> The committee shall adopt rules establishing
23-15 criteria for the designation of a structure or building as a state
23-16 archeological landmark.
23-17 (h) <(e)> The committee shall consider any and all fiscal
23-18 impact on local political subdivisions before any structure or
23-19 building owned by a local political subdivision may be designated
23-20 as a state archeological landmark.
23-21 SECTION 21. Section 11.24, Tax Code, is amended to read as
23-22 follows:
23-23 Sec. 11.24. HISTORIC SITES. The governing body of a taxing
23-24 unit by official action of the body adopted in the manner required
23-25 by law for official actions may exempt from taxation part or all of
23-26 the assessed value of a structure or archeological site and the
23-27 land necessary for access to and use of the structure or
24-1 archeological site, if the structure or archeological site is:
24-2 (1) designated as a Recorded Texas Historic
24-3 <Historical> Landmark under Chapter 442, Government Code, or a
24-4 state archeological landmark under Chapter 191, Natural Resources
24-5 Code, by the Texas Historical Commission <and by the governing body
24-6 of the taxing unit>; or
24-7 (2) designated as a historically or archeologically
24-8 significant site in need of tax relief to encourage its
24-9 preservation pursuant to an ordinance or other law adopted by the
24-10 governing body of the unit.
24-11 SECTION 22. Subsection (k), Section 315.006, Local
24-12 Government Code, is amended to read as follows:
24-13 (k) If the Texas Historical Commission makes a determination
24-14 under Subsection (j)(2), the commission may enforce this section,
24-15 and the municipality may not act under this section. Damages
24-16 recovered under this subsection shall be deposited in the Texas
24-17 preservation trust fund account.
24-18 SECTION 23. Section 5.01A, State Purchasing and General
24-19 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
24-20 amended to read as follows:
24-21 Sec. 5.01A. (a) In acquiring real property, each using
24-22 agency of the state, other than those specifically excluded by
24-23 Sections 5.13 and 5.14 of this article, shall give first
24-24 consideration to a building that is designated as a historic
24-25 structure under Section 442.001, Government Code, or to a building
24-26 that has been designated a landmark by the local governing
24-27 authority, if the building meets requirements and specifications
25-1 and the cost is not substantially higher than other available
25-2 structures that meet requirements and specifications.
25-3 (b) <Upon consideration of the construction of a new state
25-4 building, the using agency shall notify the Texas Historical
25-5 Commission and shall request a list of historic structures in the
25-6 proposed construction area that are suitable and available for
25-7 state acquisition.>
25-8 <(c) If the using agency decides to proceed with new
25-9 construction, the using agency shall forward to the commission for
25-10 inclusion in the project analysis for the new construction:>
25-11 <(1) the date it notified the Texas Historical
25-12 Commission of the proposed construction;>
25-13 <(2) the date of the Texas Historical Commission's
25-14 response;>
25-15 <(3) a copy of the list of historic structures
25-16 furnished by the Texas Historical Commission; and>
25-17 <(4) a statement of the reasons for the rejection of
25-18 each of the historic structures on the list.>
25-19 <(d)> If the using agency rejects the acquisition of a
25-20 historic structure because of the cost of the structure, the using
25-21 agency shall forward to the commission for inclusion in the project
25-22 analysis for the new construction or acquisition a comparison of
25-23 the cost of the new construction or acquisition with the cost of
25-24 the purchase and rehabilitation of the historic structure.
25-25 (c) <(e)> In determining the feasibility of the acquisition
25-26 of a historic structure, the using agency shall evaluate the
25-27 possibility of providing the space needed by the using agency by
26-1 combining new construction with the acquisition of the historic
26-2 structure.
26-3 (d) <(f)> Upon request of the using agency, the commission
26-4 shall assist the using agency in evaluating the feasibility of
26-5 acquiring a historic structure and in preparing the information
26-6 required by Subsection (b) <Subsections (c) and (d)> of this
26-7 section.
26-8 (e) <(g)> The commission shall fulfill the requirements of
26-9 Subsections (a) through (c) <(e)> of this section for all projects
26-10 for which it is the using agency and for any multiagency state
26-11 office building for which the commission serves as the coordinating
26-12 authority.
26-13 SECTION 24. Subsection (j), Section 6.05, State Purchasing
26-14 and General Services Act (Article 601b, Vernon's Texas Civil
26-15 Statutes), is amended to read as follows:
26-16 (j) In leasing space for the use of state agencies, the
26-17 commission shall give first consideration to a building that is
26-18 designated as a historic structure under Section 442.001,
26-19 Government Code, or to a building that has been designated a
26-20 landmark by the local governing authority, if the building meets
26-21 requirements and specifications and the cost is not substantially
26-22 higher than other available structures that meet requirements and
26-23 specifications. Upon consideration of the leasing of space for the
26-24 use of a state agency, the commission shall notify all individuals
26-25 and organizations that are within the county where the leasing is
26-26 under consideration and that are on a list furnished to the
26-27 commission by the Texas Historical Commission as required by
27-1 Section 442.005, Government Code. At the end of a biennium, the
27-2 commission shall report to the legislature the commission's reasons
27-3 for rejecting during the biennium the lease of any historic
27-4 structure whose owner bid to lease space to the state.
27-5 SECTION 25. The Texas Historical Commission shall report to
27-6 the 75th Legislature not later than February 1, 1997, regarding the
27-7 state register of historic places required by Section 442.0085,
27-8 Government Code, as added by this Act. The initial report must
27-9 include recommendations for statutory changes to implement the
27-10 state register, ensure uniform and adequate protection for historic
27-11 properties, and eliminate duplication to the extent possible.
27-12 SECTION 26. (a) As the terms of the members of the Texas
27-13 Historical Commission expire, or as a vacancy occurs on the
27-14 commission, the governor shall appoint members to the commission to
27-15 achieve, as soon as possible, the membership plan prescribed for
27-16 the commission by Subsections (b) and (e), Section 442.002,
27-17 Government Code, as amended by this Act.
27-18 (b) The changes in law to Subsections (b) and (e), Section
27-19 442.002, Government Code, and the additions to law of Sections
27-20 442.0021 and 442.0022, Government Code, made by this Act apply only
27-21 to a member of the Texas Historical Commission who is appointed to
27-22 the commission on or after the effective date of this Act.
27-23 SECTION 27. (a) The Antiquities Committee is abolished and
27-24 its powers and duties are transferred, as provided by this Act, to
27-25 the Texas Historical Commission. A reference in law to the
27-26 Antiquities Committee means the Texas Historical Commission.
27-27 (b) The Texas Historical Commission assumes the position of
28-1 the Antiquities Committee as to the obligations, agreements, and
28-2 contracts of the committee.
28-3 (c) The records, other property, and unobligated and
28-4 unexpended appropriations of the Antiquities Committee become the
28-5 records, property, and appropriations of the Texas Historical
28-6 Commission. The personnel of the committee continue as employees
28-7 of the commission.
28-8 (d) A rule adopted by the Antiquities Committee that is in
28-9 effect immediately before September 1, 1995, becomes a rule of the
28-10 Texas Historical Commission and remains in effect until amended or
28-11 repealed by the commission.
28-12 SECTION 28. (a) The Texas Historical Commission and the
28-13 Parks and Wildlife Commission shall conduct a joint study of the
28-14 possible transfer of management and control of various historical
28-15 sites currently under the management and control of the Parks and
28-16 Wildlife Department.
28-17 (b) The study must consider, as to each site, the benefits
28-18 and detriments of the transfer, must include professional
28-19 assessments by staff and any consultants as well as assessments by
28-20 the general public and the communities surrounding the applicable
28-21 site, and must consider funding sources alternative to the sources
28-22 currently dedicated by state law to the acquisition, operation, and
28-23 maintenance of state parks. If the two agencies agree that the
28-24 transfer of one or more sites is to be recommended, the respective
28-25 commissions shall develop a schedule for the orderly transfer of
28-26 the sites, with the final transfer occurring not later than
28-27 September 1, 2001.
29-1 (c) The Texas Historical Commission and the Parks and
29-2 Wildlife Commission shall report the results of the study and their
29-3 recommendations, including any proposed transfer schedule, to the
29-4 75th Legislature not later than February 1, 1997.
29-5 SECTION 29. The sections of Subchapter B, Chapter 191,
29-6 Natural Resources Code, are repealed, except for Subsections (b),
29-7 (c), and (d), Section 191.021.
29-8 SECTION 30. This Act takes effect August 30, 1995.
29-9 SECTION 31. The importance of this legislation and the
29-10 crowded condition of the calendars in both houses create an
29-11 emergency and an imperative public necessity that the
29-12 constitutional rule requiring bills to be read on three several
29-13 days in each house be suspended, and this rule is hereby suspended.