74R10142 E
By Moncrief S.B. No. 365
Substitute the following for S.B. No. 365:
By Hunter of Taylor C.S.S.B. No. 365
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) The governor shall designate a member of the commission
3-7 as the presiding officer of the commission to serve in that
3-8 capacity at the pleasure of the governor. <(i)> 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. Chapter 442, Government Code, is amended by
4-9 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 <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
9-3 workforce 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 workforce 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), (b), (c), (d), and (j) and by adding
10-17 Subsection (r) to read as follows:
10-18 (a) The commission shall furnish leadership, coordination,
10-19 and services to county historical commissions, historical
10-20 societies, and the organizations, agencies, institutions, museums,
10-21 and individuals of this state interested in the preservation of
10-22 archeological or historical heritage and shall act as a
10-23 clearinghouse and information center for that work in this state.
10-24 (b) The commission is responsible for the administration of
10-25 the Antiquities Code of Texas, Chapter 191, Natural Resources Code,
10-26 and shall strive to establish effective working relationships among
10-27 individuals primarily interested in history, architecture, and
11-1 archeology.
11-2 (c) The commission shall furnish professional consultant
11-3 services to museums and to agencies, individuals, and organizations
11-4 interested in the preservation and restoration of archeological or
11-5 historic structures, sites, or landmarks.
11-6 <(c) On receiving notification from a state agency that the
11-7 agency is proposing construction of a new state building in an
11-8 area, the commission shall compile a list of historic structures
11-9 that are suitable and available for state purchase in the area.
11-10 The list must include the name and address of the owner of each
11-11 structure if that information is available to the commission. The
11-12 commission shall furnish the list to the state agency proposing the
11-13 construction not later than the 45th day after the date on which it
11-14 receives notice from the agency.>
11-15 (d) The commission shall compile and furnish to the State
11-16 Purchasing and General Services Commission a list of the names and
11-17 addresses of <owners of historic structures that are suitable and
11-18 available for lease by the state and a list of the names and
11-19 addresses of> individuals and organizations that are interested in
11-20 the preservation of historic structures. The list <lists> shall be
11-21 updated at least once each year.
11-22 (j) The commission shall use its facilities and leadership
11-23 to stimulate the development and protection of archeological or
11-24 historical resources in every locality of this state, emphasizing
11-25 responsibility and privilege of local effort except in a case in
11-26 which the project or problem clearly demands a broader approach.
11-27 (r) The commission may establish advisory committees to
12-1 advise the commission on archeological and historical matters,
12-2 including an advisory committee to consider matters relating to
12-3 Chapter 191, Natural Resources Code.
12-4 SECTION 6. Chapter 442, Government Code, is amended by
12-5 adding Section 442.0085 to read as follows:
12-6 Sec. 442.0085. STATE REGISTER OF HISTORIC PLACES. (a) The
12-7 commission shall develop and maintain a state register of historic
12-8 places using existing statutory classifications of those places,
12-9 including Recorded Texas Historic Landmarks, National Register
12-10 listings, subject markers, and state archeological landmarks.
12-11 (b) The commission shall adopt rules to implement this
12-12 section.
12-13 SECTION 7. Section 442.009, Government Code, is amended to
12-14 read as follows:
12-15 Sec. 442.009. CONSUMER INFORMATION AND COMPLAINTS. (a) The
12-16 commission shall prepare information of public <consumer> interest
12-17 describing the functions of the commission and the <describing the
12-18 commission's> procedures by which complaints are filed with and
12-19 resolved by the commission. The commission shall make the
12-20 information available to the <general> public and appropriate state
12-21 agencies.
12-22 (b) The commission by rule shall establish methods by which
12-23 consumers and service recipients are notified of the name, mailing
12-24 address, and telephone number of the commission for the purpose of
12-25 directing complaints to the commission.
12-26 (c) The commission shall keep <an> information <file> about
12-27 each complaint filed with the commission. The information shall
13-1 include:
13-2 (1) the date the complaint is received;
13-3 (2) the name of the complainant;
13-4 (3) the subject matter of the complaint;
13-5 (4) a record of all persons contacted in relation to
13-6 the complaint;
13-7 (5) a summary of the results of the review or
13-8 investigation of the complaint; and
13-9 (6) for complaints for which the agency took no
13-10 action, an explanation of the reason the complaint was closed
13-11 without action.
13-12 (d) The commission shall keep a file about each written
13-13 complaint filed with the commission that the agency has authority
13-14 to resolve. The commission shall provide to the person filing the
13-15 complaint and the persons or entities complained about the
13-16 commission's policies and procedures pertaining to complaint
13-17 investigation and resolution. The commission, <(c) If a written
13-18 complaint is filed with the commission, the commission shall notify
13-19 the parties to the complaint of the status of the complaint> at
13-20 least quarterly and until final disposition of the complaint, shall
13-21 notify the person filing the complaint and the persons or entities
13-22 complained about of the status of the complaint unless the notice
13-23 would jeopardize an undercover investigation.
13-24 SECTION 8. Chapter 442, Government Code, is amended by
13-25 adding Section 442.0095 to read as follows:
13-26 Sec. 442.0095. PROGRAM AND FACILITY ACCESSIBILITY. The
13-27 commission shall comply with federal and state laws related to
14-1 program and facility accessibility. The executive director shall
14-2 also prepare and maintain a written plan that describes how a
14-3 person who does not speak English can be provided reasonable access
14-4 to the commission's programs and services.
14-5 SECTION 9. Section 442.010, Government Code, is amended to
14-6 read as follows:
14-7 Sec. 442.010. AUDITS; ANNUAL REPORT. (a) The financial
14-8 transactions of the commission are subject to audit by the state
14-9 auditor in accordance with Chapter 321<, Government Code>.
14-10 (b) The commission shall prepare annually a complete and
14-11 detailed written report accounting for all funds received and
14-12 disbursed by the commission during the preceding fiscal year. The
14-13 annual report must meet the reporting requirements applicable to
14-14 financial reporting provided in the General Appropriations Act.
14-15 SECTION 10. Section 442.015, Government Code, is amended by
14-16 amending the section heading and Subsections (a), (b), and (g) to
14-17 read as follows:
14-18 Sec. 442.015. TEXAS PRESERVATION TRUST FUND ACCOUNT. (a)
14-19 Notwithstanding Sections 403.094 and 403.095, the <The> Texas
14-20 preservation trust fund account is a separate account in the
14-21 general revenue fund <in the state treasury>. The account <fund>
14-22 consists of transfers made to the account <fund>, loan repayments,
14-23 grants and donations made for the purposes of this program,
14-24 proceeds of sales, income earned on money in the account <fund>,
14-25 and any other money received under this section. Money in the
14-26 account <fund> may be used only for the purposes of this section
14-27 and may not be used to pay operating expenses of the commission.
15-1 Money allocated to the commission's historic preservation grant
15-2 program shall be deposited to the credit of the account <fund>.
15-3 Income earned on money in the account <fund> shall be deposited to
15-4 the credit of the account <fund>.
15-5 (b) The commission may use money in the Texas preservation
15-6 trust fund account to provide financial assistance to public or
15-7 private entities for the acquisition, restoration, or preservation
15-8 of historic property in the state that is listed in the National
15-9 Register of Historic Places or Recorded Texas Historic Landmarks or
15-10 that the commission determines is eligible for such a listing. The
15-11 financial assistance may be in the amount and form and according to
15-12 the terms that the commission by rule determines. The commission
15-13 shall give priority to property the commission determines to be
15-14 endangered by demolition, neglect, underuse, or other threat to the
15-15 property. Money deposited to the credit of the account <fund>
15-16 specifically for architectural projects or for archeological
15-17 projects may be used only for the type of projects specified. If
15-18 such a specification is not made, 90 percent of the money shall be
15-19 used for historic architectural projects and 10 percent shall be
15-20 used for prehistoric and historic archeological projects.
15-21 (g) The commission may accept grants or other donations of
15-22 money or other property and services from any source. Money
15-23 received under this subsection shall be deposited to the credit of
15-24 the Texas preservation trust fund account.
15-25 SECTION 11. Chapter 442, Government Code, is amended by
15-26 adding Section 442.0155 to read as follows:
15-27 Sec. 442.0155. FUNDS SUBJECT TO STATE FUNDS REFORM ACT. All
16-1 money paid to the commission under this chapter is subject to
16-2 Subchapter F, Chapter 404.
16-3 SECTION 12. Subsection (e), Section 442.016, Government
16-4 Code, is amended to read as follows:
16-5 (e) Damages recovered under this section shall be deposited
16-6 in the Texas preservation trust fund account.
16-7 SECTION 13. Subsection (a), Section 443.008, Government
16-8 Code, is amended to read as follows:
16-9 (a) The board shall appoint a permanent advisory committee
16-10 consisting of the executive director of the Texas Historical
16-11 Commission, <chairman of the Antiquities Committee,> director of
16-12 the Texas State Library and Archives Commission, director of the
16-13 Texas Commission on the Arts, and three citizens, one each
16-14 appointed by the governor, lieutenant governor, and speaker of the
16-15 house of representatives. At its first meeting in each
16-16 odd-numbered year, the board shall designate a chairman for the
16-17 committee from among the committee's members. The person
16-18 designated serves in that capacity until a successor is designated.
16-19 SECTION 14. The heading of Section 31.160, Natural Resources
16-20 Code, is amended to read as follows:
16-21 Sec. 31.160. INFORMATION FOR TEXAS HISTORICAL COMMISSION
16-22 <ANTIQUITIES COMMITTEE>.
16-23 SECTION 15. Subsection (c), Section 31.160, Natural
16-24 Resources Code, is amended to read as follows:
16-25 (c) The division shall give the information and the
16-26 photographs to the Texas Historical Commission <Antiquities
16-27 Committee>.
17-1 SECTION 16. The heading of Chapter 191, Natural Resources
17-2 Code, is amended to read as follows:
17-3 CHAPTER 191. ANTIQUITIES CODE <COMMITTEE>
17-4 SECTION 17. Subdivision (1), Section 191.003, Natural
17-5 Resources Code, is amended to read as follows:
17-6 (1) "Committee" means the Texas Historical Commission
17-7 <Antiquities Committee>.
17-8 SECTION 18. Subchapter C, Chapter 191, Natural Resources
17-9 Code, is amended by adding Section 191.0525 to read as follows:
17-10 Sec. 191.0525. NOTICE REQUIRED. (a) Before breaking ground
17-11 at a project location on state or local public land, the person
17-12 primarily responsible for the project or the person's agent shall
17-13 notify the committee. The committee shall promptly determine
17-14 whether:
17-15 (1) a historically significant archeological site is
17-16 likely to be present at the project location;
17-17 (2) additional action, if any, is needed to protect
17-18 the site; and
17-19 (3) an archeological survey is necessary.
17-20 (b) Except as provided by Subsection (c), the committee
17-21 shall make a determination not later than the 30th day after the
17-22 date the committee receives notice under Subsection (a). If the
17-23 committee fails to respond in the 30-day period, the person may
17-24 proceed with the project without further notice to the committee.
17-25 If the committee determines that an archeological survey is
17-26 necessary at the project location, the project may not commence
17-27 until the archeological survey is completed.
18-1 (c) The committee shall make a determination not later than
18-2 the 15th day after the date the committee receives notice under
18-3 Subsection (a) for project locations regarding oil, gas, or other
18-4 mineral exploration, production, processing, marketing, refining,
18-5 or transportation facility or pipeline projects. If the committee
18-6 fails to respond in the 15-day period, the person may proceed with
18-7 the project without further notice to the committee. If the
18-8 committee determines that an archeological survey is necessary at
18-9 the project location, the project may not commence until the
18-10 archeological survey is completed.
18-11 (d) A project for a county or municipality requires advance
18-12 project review only if the project affects a cumulative area larger
18-13 than five acres or disturbs a cumulative area of more than 5,000
18-14 cubic yards, whichever measure is triggered first, or if the
18-15 project is inside a designated historic district or recorded
18-16 archeological site.
18-17 (e) There exist categorical exclusions since many activities
18-18 conducted on nonfederal public land have little, if any, chance to
18-19 damage archeological sites, and therefore should not require
18-20 notification under this section. The following are categorical
18-21 exclusions at a minimum:
18-22 (1) water injection into existing oil and gas wells;
18-23 (2) upgrading of electrical transmission lines when
18-24 there will be no new disturbance of the existing easement;
18-25 (3) seismic exploration activity when there is no
18-26 ground penetration or disturbance;
18-27 (4) building and repairing fences that do not require
19-1 construction or modification of associated roads, fire breaks, or
19-2 previously disturbed ground;
19-3 (5) road maintenance that does not involve widening or
19-4 lengthening the road;
19-5 (6) installation or replacement of meter taps;
19-6 (7) controlled burning of fields;
19-7 (8) animal grazing;
19-8 (9) plowing, if the techniques are similar to those
19-9 used previously;
19-10 (10) installation of monuments and sign posts unless
19-11 within the boundaries of designated historic districts;
19-12 (11) maintenance of existing trails;
19-13 (12) land sales and trades of land held by the
19-14 permanent school fund and permanent university fund;
19-15 (13) permanent school fund and permanent university
19-16 fund leases, easements, and permits, including mineral leases and
19-17 pooling agreements, in which the lessee, grantee, or permittee is
19-18 specifically required to comply with the provisions of this
19-19 chapter;
19-20 (14) oil, gas, or other mineral exploration,
19-21 production, processing, marketing, refining, or transportation
19-22 facility or pipeline project in an area where the project will
19-23 cross state or local public roads, rivers, and streams, unless they
19-24 contain a recorded archeological site or a designated state land
19-25 tract in Texas' submerged lands;
19-26 (15) maintenance, operation, replacement, or minor
19-27 modification of an existing oil, gas, or other mineral exploration,
20-1 production, processing, marketing, refining, or transportation
20-2 facility or pipeline; and
20-3 (16) any project for which a state permit application
20-4 has been made prior to promulgation of rules under this section.
20-5 (f) This section does not apply to any state agency or
20-6 political subdivision that has entered into a memorandum of
20-7 understanding for coordination with the committee.
20-8 (g)(1) If, during the course of a project or class of
20-9 projects that have complied with the notification requirements of
20-10 this section, a person encounters an archeological site, the person
20-11 shall abate activity on the project at the project location and
20-12 shall promptly notify the committee. Within two business days of
20-13 notification under this subsection, the committee shall determine
20-14 whether:
20-15 (A) a historically significant archeological
20-16 site is likely to be present in the project area;
20-17 (B) additional action, if any, is needed to
20-18 protect the site; and
20-19 (C) an archeological investigation is necessary.
20-20 (2) If the committee fails to respond within two
20-21 business days, the person may proceed without further notice to the
20-22 committee.
20-23 (h) The notification required by this section does not apply
20-24 to a response to a fire, spill, or other emergency associated with
20-25 an existing facility located on state or local public lands if the
20-26 emergency requires an immediate response.
20-27 (i) The committee by rule shall establish procedures to
21-1 implement this section.
21-2 SECTION 19. Section 11.24, Tax Code, is amended to read as
21-3 follows:
21-4 Sec. 11.24. HISTORIC SITES. The governing body of a taxing
21-5 unit by official action of the body adopted in the manner required
21-6 by law for official actions may exempt from taxation part or all of
21-7 the assessed value of a structure or archeological site and the
21-8 land necessary for access to and use of the structure or
21-9 archeological site, if the structure or archeological site is:
21-10 (1) designated as a Recorded Texas Historic
21-11 <Historical> Landmark under Chapter 442, Government Code, or a
21-12 state archeological landmark under Chapter 191, Natural Resources
21-13 Code, by the Texas Historical Commission <and by the governing body
21-14 of the taxing unit>; or
21-15 (2) designated as a historically or archeologically
21-16 significant site in need of tax relief to encourage its
21-17 preservation pursuant to an ordinance or other law adopted by the
21-18 governing body of the unit.
21-19 SECTION 20. Subsection (k), Section 315.006, Local
21-20 Government Code, is amended to read as follows:
21-21 (k) If the Texas Historical Commission makes a determination
21-22 under Subsection (j)(2), the commission may enforce this section,
21-23 and the municipality may not act under this section. Damages
21-24 recovered under this subsection shall be deposited in the Texas
21-25 preservation trust fund account.
21-26 SECTION 21. Section 5.01A, State Purchasing and General
21-27 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
22-1 amended to read as follows:
22-2 Sec. 5.01A. (a) In acquiring real property, each using
22-3 agency of the state, other than those specifically excluded by
22-4 Sections 5.13 and 5.14 of this article, shall give first
22-5 consideration to a building that is designated as a historic
22-6 structure under Section 442.001, Government Code, or to a building
22-7 that has been designated a landmark by the local governing
22-8 authority, if the building meets requirements and specifications
22-9 and the cost is not substantially higher than other available
22-10 structures that meet requirements and specifications.
22-11 (b) <Upon consideration of the construction of a new state
22-12 building, the using agency shall notify the Texas Historical
22-13 Commission and shall request a list of historic structures in the
22-14 proposed construction area that are suitable and available for
22-15 state acquisition.>
22-16 <(c) If the using agency decides to proceed with new
22-17 construction, the using agency shall forward to the commission for
22-18 inclusion in the project analysis for the new construction:>
22-19 <(1) the date it notified the Texas Historical
22-20 Commission of the proposed construction;>
22-21 <(2) the date of the Texas Historical Commission's
22-22 response;>
22-23 <(3) a copy of the list of historic structures
22-24 furnished by the Texas Historical Commission; and>
22-25 <(4) a statement of the reasons for the rejection of
22-26 each of the historic structures on the list.>
22-27 <(d)> If the using agency rejects the acquisition of a
23-1 historic structure because of the cost of the structure, the using
23-2 agency shall forward to the commission for inclusion in the project
23-3 analysis for the new construction or acquisition a comparison of
23-4 the cost of the new construction or acquisition with the cost of
23-5 the purchase and rehabilitation of the historic structure.
23-6 (c) <(e)> In determining the feasibility of the acquisition
23-7 of a historic structure, the using agency shall evaluate the
23-8 possibility of providing the space needed by the using agency by
23-9 combining new construction with the acquisition of the historic
23-10 structure.
23-11 (d) <(f)> Upon request of the using agency, the commission
23-12 shall assist the using agency in evaluating the feasibility of
23-13 acquiring a historic structure and in preparing the information
23-14 required by Subsection (b) <Subsections (c) and (d)> of this
23-15 section.
23-16 (e) <(g)> The commission shall fulfill the requirements of
23-17 Subsections (a) through (c) <(e)> of this section for all projects
23-18 for which it is the using agency and for any multiagency state
23-19 office building for which the commission serves as the coordinating
23-20 authority.
23-21 SECTION 22. Subsection (j), Section 6.05, State Purchasing
23-22 and General Services Act (Article 601b, Vernon's Texas Civil
23-23 Statutes), is amended to read as follows:
23-24 (j) In leasing space for the use of state agencies, the
23-25 commission shall give first consideration to a building that is
23-26 designated as a historic structure under Section 442.001,
23-27 Government Code, or to a building that has been designated a
24-1 landmark by the local governing authority, if the building meets
24-2 requirements and specifications and the cost is not substantially
24-3 higher than other available structures that meet requirements and
24-4 specifications. Upon consideration of the leasing of space for the
24-5 use of a state agency, the commission shall notify all individuals
24-6 and organizations that are within the county where the leasing is
24-7 under consideration and that are on a list furnished to the
24-8 commission by the Texas Historical Commission as required by
24-9 Section 442.005, Government Code. At the end of a biennium, the
24-10 commission shall report to the legislature the commission's reasons
24-11 for rejecting during the biennium the lease of any historic
24-12 structure whose owner bid to lease space to the state.
24-13 SECTION 23. The Texas Historical Commission shall report to
24-14 the 75th Legislature not later than February 1, 1997, regarding the
24-15 state register of historic places required by Section 442.0085,
24-16 Government Code, as added by this Act. The initial report must
24-17 include recommendations for statutory changes to implement the
24-18 state register, ensure uniform and adequate protection for historic
24-19 properties, and eliminate duplication to the extent possible.
24-20 SECTION 24. (a) As the terms of the members of the Texas
24-21 Historical Commission expire, or as a vacancy occurs on the
24-22 commission, the governor shall appoint members to the commission to
24-23 achieve, as soon as possible, the membership plan prescribed for
24-24 the commission by Subsections (b) and (e), Section 442.002,
24-25 Government Code, as amended by this Act.
24-26 (b) The changes in law to Subsections (b) and (e), Section
24-27 442.002, Government Code, and the additions to law of Sections
25-1 442.0021 and 442.0022, Government Code, made by this Act apply only
25-2 to a member of the Texas Historical Commission who is appointed to
25-3 the commission on or after the effective date of this Act.
25-4 SECTION 25. (a) The Antiquities Committee is abolished and
25-5 its powers and duties are transferred, as provided by this Act, to
25-6 the Texas Historical Commission. A reference in law to the
25-7 Antiquities Committee means the Texas Historical Commission.
25-8 (b) The Texas Historical Commission assumes the position of
25-9 the Antiquities Committee as to the obligations, agreements, and
25-10 contracts of the committee.
25-11 (c) The records, other property, and unobligated and
25-12 unexpended appropriations of the Antiquities Committee become the
25-13 records, property, and appropriations of the Texas Historical
25-14 Commission. The personnel of the committee continue as employees
25-15 of the commission.
25-16 (d) A rule adopted by the Antiquities Committee that is in
25-17 effect immediately before September 1, 1995, becomes a rule of the
25-18 Texas Historical Commission and remains in effect until amended or
25-19 repealed by the commission.
25-20 SECTION 26. The sections of Subchapter B, Chapter 191,
25-21 Natural Resources Code, are repealed, except for Subsections (b),
25-22 (c), and (d), Section 191.021.
25-23 SECTION 27. This Act takes effect August 30, 1995.
25-24 SECTION 28. The importance of this legislation and the
25-25 crowded condition of the calendars in both houses create an
25-26 emergency and an imperative public necessity that the
25-27 constitutional rule requiring bills to be read on three several
26-1 days in each house be suspended, and this rule is hereby suspended.