1-1  By:  Moncrief                                          S.B. No. 365
    1-2        (In the Senate - Filed February 9, 1995; February 13, 1995,
    1-3  read first time and referred to Committee on State Affairs;
    1-4  March 3, 1995, reported favorably by the following vote:  Yeas 12,
    1-5  Nays 0; March 3, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the continuation and functions of the Texas Historical
    1-9  Commission and to the abolition of the Antiquities Committee and
   1-10  the transfer of the committee's functions to the commission.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Section 442.002, Government Code, is amended to
   1-13  read as follows:
   1-14        Sec. 442.002.  COMMISSION; MEMBERS; SUNSET ACT.  (a)  The
   1-15  Texas Historical Commission is an agency of the state.
   1-16        (b)  The commission is composed of 18 members appointed by
   1-17  the governor with the advice and consent of the senate.  One member
   1-18  must be a professional archeologist, one must be a professional
   1-19  historian, and one must be a licensed architect who has expertise
   1-20  in historic preservation and architectural history.  Fifteen
   1-21  members must be representatives of the general public.  A person is
   1-22  not eligible for appointment as a public member of the commission
   1-23  if the person or the person's spouse:
   1-24              (1)  owns or controls, directly or indirectly, more
   1-25  than a 10 percent interest in a business entity or other
   1-26  organization regulated by the commission or receiving funds other
   1-27  than grant funds from the commission; or
   1-28              (2)  uses or receives a substantial amount of tangible
   1-29  goods, services, or funds from the  commission, other than
   1-30  compensation or reimbursement authorized by law for commission
   1-31  membership, attendance, or expenses.
   1-32        (c)  Members serve for staggered six-year terms, with the
   1-33  terms of one-third of the members expiring February 1 of each
   1-34  odd-numbered year.
   1-35        (d)  Any vacancy occurring on the commission shall be filled
   1-36  for the unexpired term.
   1-37        (e)  A member of the commission must be a citizen of this
   1-38  state who has demonstrated an interest in the preservation of the
   1-39  state's historical or archeological heritage.  In making
   1-40  appointments to the commission, the governor shall:
   1-41              (1)  seek to have each geographical section of the
   1-42  state represented as nearly as possible; and
   1-43              (2)  appoint at least two members from counties with a
   1-44  population of less than 50,000.
   1-45        (f)  A person may not serve as a member of the commission or
   1-46  act as the general counsel to the commission if the person <who> is
   1-47  required to register as a lobbyist under Chapter 305 because<, by
   1-48  virtue> of the person's activities for compensation <in or> on
   1-49  behalf of a profession related to the operation of the commission<,
   1-50  may not serve as a member of the commission or act as the general
   1-51  counsel to the commission>.
   1-52        (g)  <It is a ground for removal from the commission that a
   1-53  member violates a prohibition established by Subsection (f) or does
   1-54  not have at the time of appointment or does not maintain during the
   1-55  service on the commission the qualifications required for
   1-56  appointment by Subsection (e).  The validity of an action of the
   1-57  commission is not affected by the fact that the action was taken
   1-58  when a ground for removal of a member of the commission existed.>
   1-59        <(h)>  The commission shall hold at least one regular meeting
   1-60  in each calendar quarter of each year.  The commission may hold
   1-61  other meetings at times and places scheduled by it in formal
   1-62  session or called by the chairman of the commission.
   1-63        (h)  The governor shall designate a member of the commission
   1-64  as the presiding officer of the commission to serve in that
   1-65  capacity at the pleasure of the governor.  <(i)>  At its first
   1-66  meeting in each odd-numbered year, the commission shall select from
   1-67  its membership an assistant presiding officer <a chairman,
   1-68  vice-chairman,> and a secretary.
    2-1        (i) <(j)>  A member of the commission serves without pay but
    2-2  shall be reimbursed for actual expenses incurred in attending a
    2-3  meeting of the commission.
    2-4        (j) <(k)>  The commission is subject to the open meetings
    2-5  law, Chapter 551, and the administrative procedure law, Chapter
    2-6  2001 <271, Acts of the 60th Legislature, Regular Session, 1967
    2-7  (Article 6252-17, Vernon's Texas Civil Statutes), and the
    2-8  Administrative Procedure and Texas Register Act (Article 6252-13a,
    2-9  Vernon's Texas Civil Statutes)>.  The commission shall develop and
   2-10  implement policies that provide the public with a reasonable
   2-11  opportunity to appear before the commission and to <At an open
   2-12  meeting of the commission, a member of the public is entitled to
   2-13  appear and> speak on any issue under the jurisdiction of the
   2-14  commission<, within the limits of any reasonable rules of the
   2-15  commission designed to expedite consideration of issues at a
   2-16  meeting>.
   2-17        (k) <(l)>  The Texas Historical Commission is subject to
   2-18  Chapter 325 (Texas Sunset Act).  Unless continued in existence as
   2-19  provided by that chapter, the commission is abolished and this
   2-20  chapter expires September 1, 2007 <1995>.
   2-21        (l)  Appointments to the commission shall be made without
   2-22  regard to the race, color, disability, sex, religion, age, or
   2-23  national origin of the appointees.
   2-24        SECTION 2.  Subtitle D, Title 4, Government Code, is amended
   2-25  by adding Sections 442.0021, 442.0022, and 442.0023 to read as
   2-26  follows:
   2-27        Sec. 442.0021.  COMMISSION MEMBERS:  TRAINING.  (a)  Before a
   2-28  member of the commission may assume the member's duties and before
   2-29  the member may be confirmed by the senate, the member must complete
   2-30  at least one course of the training program established under this
   2-31  section.
   2-32        (b)  A training program established under this section shall
   2-33  provide information to the member regarding:
   2-34              (1)  the enabling legislation that created the
   2-35  commission;
   2-36              (2)  the programs operated by the commission;
   2-37              (3)  the role and functions of the commission;
   2-38              (4)  the rules of the commission with an emphasis on
   2-39  the rules that relate to disciplinary and investigatory authority;
   2-40              (5)  the current budget for the commission;
   2-41              (6)  the results of the most recent formal audit of the
   2-42  commission;
   2-43              (7)  the requirements of the:
   2-44                    (A)  open meetings law, Chapter 551;
   2-45                    (B)  open records law, Chapter 552; and
   2-46                    (C)  administrative procedure law, Chapter 2001;
   2-47              (8)  the requirements of the conflict of interest laws
   2-48  and other laws relating to public officials; and
   2-49              (9)  any applicable ethics policies adopted by the
   2-50  commission or the Texas Ethics Commission.
   2-51        Sec. 442.0022.  COMMISSION MEMBERS:  CONFLICT OF INTEREST.
   2-52  (a)  An officer, employee, or paid consultant of a Texas trade
   2-53  association in the field of archeology or historic preservation may
   2-54  not be a member of the commission or employee of the commission who
   2-55  is exempt from the state's position classification plan or is
   2-56  compensated at or above the amount prescribed by the General
   2-57  Appropriations Act for step 1, salary group 17, of the position
   2-58  classification salary schedule.
   2-59        (b)  A person who is the spouse of an officer, manager, or
   2-60  paid consultant of a Texas trade association in the field of
   2-61  archeology or historic preservation may not be a member of the
   2-62  commission and may not be an employee of the commission who is
   2-63  exempt from the state's position classification plan or is
   2-64  compensated at or above the amount prescribed by the General
   2-65  Appropriations Act for step 1, salary group 17, of the position
   2-66  classification salary schedule.
   2-67        (c)  For the purposes of this section, a Texas trade
   2-68  association is a nonprofit, cooperative, and voluntarily joined
   2-69  association of business or professional competitors in this state
   2-70  designed to assist its members and its industry or profession in
    3-1  dealing with mutual business or professional problems and in
    3-2  promoting their common interest.
    3-3        Sec. 442.0023.  COMMISSION MEMBERS:  GROUNDS FOR REMOVAL.
    3-4  (a)  It is a ground for removal from the commission if a member:
    3-5              (1)  does not have at the time of appointment the
    3-6  qualifications required by Sections 442.002(b) and (e);
    3-7              (2)  does not maintain during service on the commission
    3-8  the qualifications required by Sections 442.002(b) and (e);
    3-9              (3)  violates a prohibition established by Sections
   3-10  442.002(f) or 442.0022;
   3-11              (4)  cannot because of illness or disability discharge
   3-12  the member's duties for a substantial part of the term for which
   3-13  the member is appointed; or
   3-14              (5)  is absent from more than half of the regularly
   3-15  scheduled commission meetings that the member is eligible to attend
   3-16  during a calendar year unless the absence is excused by majority
   3-17  vote of the commission.
   3-18        (b)  The validity of an action of the commission is not
   3-19  affected by the fact that it is taken when a ground for removal of
   3-20  a commission member exists.
   3-21        (c)  If the executive director has knowledge that a potential
   3-22  ground for removal exists, the executive director shall notify the
   3-23  presiding officer of the commission of the potential ground.  The
   3-24  presiding officer shall then notify the governor and the attorney
   3-25  general that a potential ground for removal exists.  If the
   3-26  potential ground for removal involves the presiding officer, the
   3-27  executive director shall notify the next highest officer of the
   3-28  commission, who shall notify the governor and the attorney general
   3-29  that a potential ground for removal exists.
   3-30        SECTION 3.  Section 442.003, Government Code, is amended to
   3-31  read as follows:
   3-32        Sec. 442.003.  PURPOSE OF COMMISSION.  The commission shall
   3-33  provide leadership and coordinate services in the field of
   3-34  archeological and historic preservation.
   3-35        SECTION 4.  Section 442.004, Government Code, is amended to
   3-36  read as follows:
   3-37        Sec. 442.004.  PERSONNEL.  (a)  The commission shall employ
   3-38  an executive director.
   3-39        (b)  A person employed as executive director must:
   3-40              (1)  be a citizen of this state;
   3-41              (2)  have ability in organization, administration, and
   3-42  coordination of organizational work; and
   3-43              (3)  have particular qualities for carrying out the
   3-44  purposes of the commission.
   3-45        (c)  The executive director may employ professional and
   3-46  clerical personnel as considered necessary.  The number of
   3-47  employees, their compensation, and other expenditures shall be in
   3-48  accordance with appropriations to the commission by the
   3-49  legislature.
   3-50        (d)  The executive director or the executive director's
   3-51  designee shall provide to members of the commission and to agency
   3-52  employees, as <As> often as necessary, information regarding their
   3-53  qualification for office or employment under this chapter and their
   3-54  <the commission shall provide to its members and staff information
   3-55  regarding their> responsibilities under applicable laws relating to
   3-56  standards of conduct for state officers or employees.
   3-57        (e)  The executive director or the executive director's
   3-58  designee shall develop an intra-agency <a> career ladder program
   3-59  that addresses opportunities for mobility and advancement for
   3-60  employees within the commission.  The program shall require
   3-61  intra-agency posting of all positions concurrently with any public
   3-62  posting <within the agency.  The program must require that openings
   3-63  in all positions except entry level positions be posted within the
   3-64  commission for at least 10 days before they are posted for the
   3-65  public>.
   3-66        (f)  The executive director or the executive director's
   3-67  designee shall develop a system of annual performance evaluations
   3-68  based on documented employee performance <measurable job tasks>.
   3-69  All <Any> merit pay for commission employees must be based on the
   3-70  system established under this subsection <that system>.
    4-1        (g)  The executive director or the executive director's
    4-2  designee shall prepare and maintain a written policy statement
    4-3  <plan> to assure implementation of a program of equal employment
    4-4  opportunity under which all <any> personnel transactions are
    4-5  <transaction is> made without regard to race, color, disability,
    4-6  sex, religion, age, or national origin.  <The plan must cover an
    4-7  annual period and be updated at least annually.>  The policy
    4-8  statement <plan> must include:
    4-9              (1)  personnel policies, including policies relating to
   4-10  recruitment, evaluation, selection, appointment, training, and
   4-11  promotion of personnel, that are in compliance with the
   4-12  requirements of Chapter 21, Labor Code;
   4-13              (2)  a comprehensive analysis of the commission work
   4-14  force that meets federal and state guidelines;
   4-15              (3)  procedures by which a determination can be made
   4-16  about the extent of underuse in the commission work force of all
   4-17  persons for whom federal or state guidelines encourage a more
   4-18  equitable balance; and
   4-19              (4)  reasonable methods to appropriately address those
   4-20  areas of underuse <a comprehensive analysis of the commission's
   4-21  employees by race, sex, ethnic origin, class of position, and
   4-22  salary or wage;>
   4-23              <(2)  plans for recruitment, evaluation, selection,
   4-24  appointment, training, promotion, and other personnel policies;>
   4-25              <(3)  steps reasonably designed to overcome any
   4-26  identified underuse of minorities and women in the commission's
   4-27  work force; and>
   4-28              <(4)  objectives and goals, timetables for the
   4-29  achievement of the objectives and goals, and assignments of
   4-30  responsibility for the achievement of the objectives and goals>.
   4-31        (h)  A policy statement prepared under Subsection (g) must
   4-32  cover an annual period, be updated annually, be reviewed by the
   4-33  Commission on Human Rights for compliance with Subsection (g), and
   4-34  be filed with the governor's office.
   4-35        (i)  The governor's office shall deliver a biennial report to
   4-36  the legislature based on the information received under Subsection
   4-37  (h).  The report may be made separately or as a part of other
   4-38  biennial reports made to the legislature.
   4-39        (j)  Before the expiration of 30 days after April 1 and
   4-40  November 1 of each year the commission shall submit a progress
   4-41  report to the governor.  The report must include a statement of the
   4-42  steps that the commission has taken during the previous six months
   4-43  to comply with the requirement of Subsection (g).
   4-44        (k) <(i)>  The governor shall designate the executive
   4-45  director as the state historic preservation <liaison> officer, and
   4-46  the executive director shall act in that capacity for the conduct
   4-47  of relations with the representatives of the federal government and
   4-48  the respective states concerning matters of historic preservation.
   4-49        (l)  The commission shall develop and implement policies that
   4-50  clearly separate the policymaking responsibilities of the
   4-51  commission and the management responsibilities of the executive
   4-52  director and the staff of the commission.
   4-53        SECTION 5.  Section 442.005, Government Code, is amended by
   4-54  amending Subsections (a), (b), (c), (d), and (j) and by adding
   4-55  Subsection (r) to read as follows:
   4-56        (a)  The commission shall furnish leadership, coordination,
   4-57  and services to county historical commissions, historical
   4-58  societies, and the organizations, agencies, institutions, museums,
   4-59  and individuals of this state interested in the preservation of
   4-60  archeological or historical heritage and shall act as a
   4-61  clearinghouse and information center for that work in this state.
   4-62        (b)  The commission is responsible for the administration of
   4-63  the Antiquities Code of Texas, Chapter 191, Natural Resources Code,
   4-64  and shall strive to establish effective working relationships among
   4-65  individuals primarily interested in history, architecture, and
   4-66  archeology.
   4-67        (c)  The commission shall furnish professional consultant
   4-68  services to museums and to agencies, individuals, and organizations
   4-69  interested in the preservation and restoration of archeological or
   4-70  historic structures, sites, or landmarks.
    5-1        <(c)  On receiving notification from a state agency that the
    5-2  agency is proposing construction of a new state building in an
    5-3  area, the commission shall compile a list of historic structures
    5-4  that are suitable and available for state purchase in the area.
    5-5  The list must include the name and address of the owner of each
    5-6  structure if that information is available to the commission.  The
    5-7  commission shall furnish the list to the state agency proposing the
    5-8  construction not later than the 45th day after the date on which it
    5-9  receives notice from the agency.>
   5-10        (d)  The commission shall compile and furnish to the State
   5-11  Purchasing and General Services Commission a list of the names and
   5-12  addresses of <owners of historic structures that are suitable and
   5-13  available for lease by the state and a list of the names and
   5-14  addresses of> individuals and organizations that are interested in
   5-15  the preservation of historic structures.  The list <lists> shall be
   5-16  updated at least once each year.
   5-17        (j)  The commission shall use its facilities and leadership
   5-18  to stimulate the development and protection of archeological or
   5-19  historical resources in every locality of this state, emphasizing
   5-20  responsibility and privilege of local effort except in a case in
   5-21  which the project or problem clearly demands a broader approach.
   5-22        (r)  The commission may establish advisory committees to
   5-23  advise the commission on archeological and historical matters,
   5-24  including an advisory committee to consider matters relating to the
   5-25  Antiquities Code of Texas, Chapter 191, Natural Resources Code.
   5-26        SECTION 6.  Subtitle D, Title 4, Government Code, is amended
   5-27  by adding Section 442.0085 to read as follows:
   5-28        Sec. 442.0085.  STATE REGISTER OF HISTORIC PLACES.  (a)  The
   5-29  commission shall develop and maintain a state register of historic
   5-30  places using existing statutory classifications of those places,
   5-31  including Recorded Texas Historic Landmarks, National Register
   5-32  listings, subject markers, and state archeological landmarks.
   5-33        (b)  The commission shall adopt rules to implement this
   5-34  section.
   5-35        SECTION 7.  Section 442.009, Government Code, is amended to
   5-36  read as follows:
   5-37        Sec. 442.009.  CONSUMER INFORMATION AND COMPLAINTS.  (a)  The
   5-38  commission shall prepare information of public <consumer> interest
   5-39  describing the functions of the commission and the <describing the
   5-40  commission's> procedures by which complaints are filed with and
   5-41  resolved by the commission.  The commission shall make the
   5-42  information available to the <general> public and appropriate state
   5-43  agencies.
   5-44        (b)  The commission by rule shall establish methods by which
   5-45  consumers and service recipients are notified of the name, mailing
   5-46  address, and telephone number of the commission for the purpose of
   5-47  directing complaints to the commission.
   5-48        (c)  The commission shall keep <an> information <file> about
   5-49  each complaint filed with the commission.  The information shall
   5-50  include:
   5-51              (1)  the date the complaint is received;
   5-52              (2)  the name of the complainant;
   5-53              (3)  the subject matter of the complaint;
   5-54              (4)  a record of all persons contacted in relation to
   5-55  the complaint;
   5-56              (5)  a summary of the results of the review or
   5-57  investigation of the complaint; and
   5-58              (6)  for complaints for which the agency took no
   5-59  action, an explanation of the reason the complaint was closed
   5-60  without action.
   5-61        (d)  The commission shall keep a file about each written
   5-62  complaint filed with the commission that the agency has authority
   5-63  to resolve.  The commission shall provide to the person filing the
   5-64  complaint and the persons or entities complained about the
   5-65  commission's policies and procedures pertaining to complaint
   5-66  investigation and resolution.  The commission, <(c)  If a written
   5-67  complaint is filed with the commission, the commission shall notify
   5-68  the parties to the complaint of the status of the complaint> at
   5-69  least quarterly and until final disposition of the complaint, shall
   5-70  notify the person filing the complaint and the persons or entities
    6-1  complained about of the status of the complaint unless the notice
    6-2  would jeopardize an undercover investigation.
    6-3        SECTION 8.  Subtitle D, Title 4, Government Code, is amended
    6-4  by adding Section 442.0095 to read as follows:
    6-5        Sec. 442.0095.  PROGRAM AND FACILITY ACCESSIBILITY.  The
    6-6  commission shall comply with federal and state laws related to
    6-7  program and facility accessibility.  The executive director shall
    6-8  also prepare and maintain a written plan that describes how a
    6-9  person who does not speak English can be provided reasonable access
   6-10  to the commission's programs and services.
   6-11        SECTION 9.  Section 442.010, Government Code, is amended to
   6-12  read as follows:
   6-13        Sec. 442.010.  AUDITS; ANNUAL REPORT.  (a)  The financial
   6-14  transactions of the commission are subject to audit by the state
   6-15  auditor in accordance with Chapter 321<, Government Code>.
   6-16        (b)  The commission shall prepare annually a complete and
   6-17  detailed written report accounting for all funds received and
   6-18  disbursed by the commission during the preceding fiscal year.  The
   6-19  annual report must meet the reporting requirements applicable to
   6-20  financial reporting provided in the General Appropriations Act.
   6-21        SECTION 10.  Section 442.015, Government Code, is amended by
   6-22  amending the section heading and Subsections (a), (b), and (g) to
   6-23  read as follows:
   6-24        Sec. 442.015.  TEXAS PRESERVATION TRUST FUND ACCOUNT.
   6-25  (a)  Notwithstanding Section 403.094, the <The> Texas preservation
   6-26  trust fund account is a separate account in the general revenue
   6-27  fund <in the state treasury>.  The account <fund> consists of
   6-28  transfers made to the account <fund>, loan repayments, grants and
   6-29  donations made for the purposes of this program, proceeds of sales,
   6-30  income earned on money in the account <fund>, and any other money
   6-31  received under this section.  Money in the account <fund> may be
   6-32  used only for the purposes of this section and may not be used to
   6-33  pay operating expenses of the commission.  Money allocated to the
   6-34  commission's historic preservation grant program shall be deposited
   6-35  to the credit of the account <fund>.  Income earned on money in the
   6-36  account <fund> shall be deposited to the credit of the account
   6-37  <fund>.
   6-38        (b)  The commission may use money in the Texas preservation
   6-39  trust fund account to provide financial assistance to public or
   6-40  private entities for the acquisition, restoration, or preservation
   6-41  of historic property in the state that is listed in the National
   6-42  Register of Historic Places or Recorded Texas Historic Landmarks or
   6-43  that the commission determines is eligible for such a listing.  The
   6-44  financial assistance may be in the amount and form and according to
   6-45  the terms that the commission by rule determines.  The commission
   6-46  shall give priority to property the commission determines to be
   6-47  endangered by demolition, neglect, underuse, or other threat to the
   6-48  property.  Money deposited to the credit of the account <fund>
   6-49  specifically for architectural projects or for archeological
   6-50  projects may be used only for the type of projects specified.  If
   6-51  such a specification is not made, 90 percent of the money shall be
   6-52  used for historic architectural projects and 10 percent shall be
   6-53  used for prehistoric and historic archeological projects.
   6-54        (g)  The commission may accept grants or other donations of
   6-55  money or other property and services from any source.  Money
   6-56  received under this subsection shall be deposited to the credit of
   6-57  the Texas preservation trust fund account.
   6-58        SECTION 11.  Chapter 442, Government Code, is amended by
   6-59  adding Section 442.0155 to read as follows:
   6-60        Sec. 442.0155.  FUNDS SUBJECT TO STATE FUNDS REFORM ACT.  All
   6-61  money paid to the commission under this chapter is subject to
   6-62  Subchapter F, Chapter 404.
   6-63        SECTION 12.  Subsection (e), Section 442.016, Government
   6-64  Code, is amended to read as follows:
   6-65        (e)  Damages recovered under this section shall be deposited
   6-66  in the Texas preservation trust fund account.
   6-67        SECTION 13.  Subsection (a), Section 443.008, Government
   6-68  Code, is amended to read as follows:
   6-69        (a)  The board shall appoint a permanent advisory committee
   6-70  consisting of the executive director of the Texas Historical
    7-1  Commission, <chairman of the Antiquities Committee,> director of
    7-2  the Texas State Library and Archives Commission, director of the
    7-3  Texas Commission on the Arts, and three citizens, one each
    7-4  appointed by the governor, lieutenant governor, and speaker of the
    7-5  house of representatives.  At its first meeting in each
    7-6  odd-numbered year, the board shall designate a chairman for the
    7-7  committee from among the committee's members.  The person
    7-8  designated serves in that capacity until a successor is designated.
    7-9        SECTION 14.  The heading of Section 31.160, Natural Resources
   7-10  Code, is amended to read as follows:
   7-11        Sec. 31.160.  INFORMATION FOR TEXAS HISTORICAL COMMISSION
   7-12  <ANTIQUITIES COMMITTEE>.
   7-13        SECTION 15.  Subsection (c), Section 31.160, Natural
   7-14  Resources Code, is amended to read as follows:
   7-15        (c)  The division shall give the information and the
   7-16  photographs to the Texas Historical Commission <Antiquities
   7-17  Committee>.
   7-18        SECTION 16.  The heading of Chapter 191, Natural Resources
   7-19  Code, is amended to read as follows:
   7-20              CHAPTER 191.  ANTIQUITIES CODE <COMMITTEE>
   7-21        SECTION 17.  Subdivision (1), Section 191.003, Natural
   7-22  Resources Code, is amended to read as follows:
   7-23              (1)  "Committee" means the Texas Historical Commission
   7-24  <Antiquities Committee>.
   7-25        SECTION 18.  Subchapter C, Chapter 191, Natural Resources
   7-26  Code, is amended by adding Section 191.0525 to read as follows:
   7-27        Sec. 191.0525.  NOTICE REQUIRED.  (a)  Before beginning a
   7-28  project or class of projects that could affect an archeological
   7-29  site on state or local public property, a person planning the
   7-30  project must notify the committee.  The committee shall determine
   7-31  whether:
   7-32              (1)  a historically significant archeological site is
   7-33  likely to be present in the project area; and
   7-34              (2)  additional action, if any, is needed to protect
   7-35  the site.
   7-36        (b)  The committee by rule shall establish  procedures to
   7-37  implement this section.
   7-38        SECTION 19.  Section 11.24, Tax Code, is amended to read as
   7-39  follows:
   7-40        Sec. 11.24.  HISTORIC SITES.  The governing body of a taxing
   7-41  unit by official action of the body adopted in the manner required
   7-42  by law for official actions may exempt from taxation part or all of
   7-43  the assessed value of a structure or archeological site and the
   7-44  land necessary for access to and use of the structure or
   7-45  archeological site, if the structure or archeological site is:
   7-46              (1)  designated as a Recorded Texas Historic
   7-47  <Historical> Landmark under Chapter 442, Government Code, or a
   7-48  state archeological landmark under Chapter 191, Natural Resources
   7-49  Code, by the Texas Historical Commission <and by the governing body
   7-50  of the taxing unit>; or
   7-51              (2)  designated as a historically or archeologically
   7-52  significant site in need of tax relief to encourage its
   7-53  preservation pursuant to an ordinance or other law adopted by the
   7-54  governing body of the unit.
   7-55        SECTION 20.  Subsection (k), Section 315.006, Local
   7-56  Government Code, is amended to read as follows:
   7-57        (k)  If the Texas Historical Commission makes a determination
   7-58  under Subsection (j)(2), the commission may enforce this section,
   7-59  and the municipality may not act under this section.  Damages
   7-60  recovered under this subsection shall be deposited in the Texas
   7-61  preservation trust fund account.
   7-62        SECTION 21.  Section 5.01A, State Purchasing and General
   7-63  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
   7-64  amended to read as follows:
   7-65        Sec. 5.01A. (a)  In acquiring real property, each using
   7-66  agency of the state, other than those specifically excluded by
   7-67  Sections 5.13 and 5.14 of this article, shall give first
   7-68  consideration to a building that is designated as a historic
   7-69  structure under Section 442.001, Government Code, or to a building
   7-70  that has been designated a landmark by the local governing
    8-1  authority, if the building meets requirements and specifications
    8-2  and the cost is not substantially higher than other available
    8-3  structures that meet requirements and specifications.
    8-4        (b)  <Upon consideration of the construction of a new state
    8-5  building, the using agency shall notify the Texas Historical
    8-6  Commission and shall request a list of historic structures in the
    8-7  proposed construction area that are suitable and available for
    8-8  state acquisition.>
    8-9        <(c)  If the using agency decides to proceed with new
   8-10  construction, the using agency shall forward to the commission for
   8-11  inclusion in the project analysis for the new construction:>
   8-12              <(1)  the date it notified the Texas Historical
   8-13  Commission of the proposed construction;>
   8-14              <(2)  the date of the Texas Historical Commission's
   8-15  response;>
   8-16              <(3)  a copy of the list of historic structures
   8-17  furnished by the Texas Historical Commission;  and>
   8-18              <(4)  a statement of the reasons for the rejection of
   8-19  each of the historic structures on the list.>
   8-20        <(d)>  If the using agency rejects the acquisition of a
   8-21  historic structure because of the cost of the structure, the using
   8-22  agency shall forward to the commission for inclusion in the project
   8-23  analysis for the new construction or acquisition a comparison of
   8-24  the cost of the new construction or acquisition with the cost of
   8-25  the purchase and rehabilitation of the historic structure.
   8-26        (c) <(e)>  In determining the feasibility of the acquisition
   8-27  of a historic structure, the using agency shall evaluate the
   8-28  possibility of providing the space needed by the using agency by
   8-29  combining new construction with the acquisition of the historic
   8-30  structure.
   8-31        (d) <(f)>  Upon request of the using agency, the commission
   8-32  shall assist the using agency in evaluating the feasibility of
   8-33  acquiring a historic structure and in preparing the information
   8-34  required by Subsection (b) <Subsections (c) and (d)> of this
   8-35  section.
   8-36        (e) <(g)>  The commission shall fulfill the requirements of
   8-37  Subsections (a) through (c) <(e)> of this section for all projects
   8-38  for which it is the using agency and for any multiagency state
   8-39  office building for which the commission serves as the coordinating
   8-40  authority.
   8-41        SECTION 22.  Subsection (j), Section 6.05, State Purchasing
   8-42  and General Services Act (Article 601b, Vernon's Texas Civil
   8-43  Statutes), is amended to read as follows:
   8-44        (j)  In leasing space for the use of state agencies, the
   8-45  commission shall give first consideration to a building that is
   8-46  designated as a historic structure under Section 442.001,
   8-47  Government Code, or to a building that has been designated a
   8-48  landmark by the local governing authority, if the building meets
   8-49  requirements and specifications and the cost is not substantially
   8-50  higher than other available structures that meet requirements and
   8-51  specifications.  Upon consideration of the leasing of space for the
   8-52  use of a state agency, the commission shall notify all individuals
   8-53  and organizations that are within the county where the leasing is
   8-54  under consideration and that are on a list furnished to the
   8-55  commission by the Texas Historical Commission as required by
   8-56  Section 442.005, Government Code.  At the end of a biennium, the
   8-57  commission shall report to the legislature the commission's reasons
   8-58  for rejecting during the biennium the lease of any historic
   8-59  structure whose owner bid to lease space to the state.
   8-60        SECTION 23.  The Texas Historical Commission shall report to
   8-61  the 75th Legislature not later than February 1, 1997, regarding the
   8-62  state register of historic places required by Section 442.0085,
   8-63  Government Code, as added by this Act.  The initial report must
   8-64  include recommendations for statutory changes to implement the
   8-65  state register, ensure uniform and adequate protection for historic
   8-66  properties, and eliminate duplication to the extent possible.
   8-67        SECTION 24.  (a)  As the terms of the members of the Texas
   8-68  Historical Commission expire, or as a vacancy occurs on the
   8-69  commission, the governor shall appoint members to the commission to
   8-70  achieve, as soon as possible, the membership plan prescribed for
    9-1  the commission by Subsections (b) and (e), Section 442.002,
    9-2  Government Code, as amended by this Act.
    9-3        (b)  The changes in law to Subsections (b) and (e), Section
    9-4  442.002, Government Code, and the additions to law of Sections
    9-5  442.0021 and 442.0022, Government Code, made by this Act apply only
    9-6  to a member of the Texas Historical Commission who is appointed to
    9-7  the commission on or after the effective date of this Act.
    9-8        SECTION 25.  (a)  The Antiquities Committee is abolished and
    9-9  its powers and duties are transferred, as provided by this Act, to
   9-10  the Texas Historical Commission.  A reference in law to the
   9-11  Antiquities Committee means the Texas Historical Commission.
   9-12        (b)  The Texas Historical Commission assumes the position of
   9-13  the Antiquities Committee as to the obligations, agreements, and
   9-14  contracts of the committee.
   9-15        (c)  The records, other property, and unobligated and
   9-16  unexpended appropriations of the Antiquities Committee become the
   9-17  records, property, and appropriations of the Texas Historical
   9-18  Commission.  The personnel of the committee continue as employees
   9-19  of the commission.
   9-20        (d)  A rule adopted by the Antiquities Committee that is in
   9-21  effect immediately before September 1, 1995, becomes a rule of the
   9-22  Texas Historical Commission and remains in effect until amended or
   9-23  repealed by the commission.
   9-24        SECTION 26.  The sections of Subchapter B, Chapter 191,
   9-25  Natural Resources Code, are repealed, except for Subsections (b),
   9-26  (c), and (d), Section 191.021.
   9-27        SECTION 27.  This Act takes effect September 1, 1995.
   9-28        SECTION 28.  The importance of this legislation and the
   9-29  crowded condition of the calendars in both houses create an
   9-30  emergency and an imperative public necessity that the
   9-31  constitutional rule requiring bills to be read on three several
   9-32  days in each house be suspended, and this rule is hereby suspended.
   9-33                               * * * * *