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 * * * * *