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.