SCT C.S.H.B. 2356 75(R)    BILL ANALYSIS


STATE FEDERAL & INTERNATIONAL RELATIONS
C.S.H.B. 2356
By: Davis
5-5-97
Committee Report (Substituted)


BACKGROUND

Joint administration by a single state agency of recreation parks and
historical parks has been a controversial topic since the 1920s.  In
recent years, official discussions date from at least 1980 concerning
transfer of state historical parks from the Texas Parks and Wildlife
Department (TPWD) to the Texas Historical Commission(THC).  In this
current biennium, the 74th Legislature instructed the THC to conduct a
joint study with the TPWD, analyzing the "benefits and detriments of
transfer" of such sites.  The study completed in January 1997, Texas
Historic Sites, concludes that such state-owned properties need
improvement for both protection of their resources and for tourism
promotion. 

PURPOSE

A.  Grants the Texas Historical Commission broad authority to operate a
historic sites program,          including a military sites initiative. 
B.  Creates a "State Historical Areas Account" to deposit revenues derived
from these sites, and          directs those funds to be invested in the
sites and their support program. 
C.  Repeats boilerplate park rules and regulations from TPWD.
D.  Names 15 specific, currently designated State Historical Parks to
transfer from TPWD to         
      THC.
E.  Amends certain TPWD rules and regulations to accommodate remaining
historical parks               under that agency's jurisdiction. 
F.  Transfers $3.5 million per year from the TPWD budget into a
"historical parks, structures, and       sites account," and in turn
appropriates a like amount from this account to the THC budget. 
G.  Requires any powers, records and equipment necessary for operation of
these sites to        
      transfer from TPWD to THC for operation of a historic sites program.


RULEMAKING AUTHORITY

Grants the THC authority to adopt rules governing a historic sites program.


 SECTION BY SECTION ANALYSIS

SECTION 1.:  Amends the THC code with authority to operate a historic
sites program. 

SECTION 2.:  Repeats THC boilerplate.

SECTION 3.:  Inserts specific language for such a program in Sec. 442.001.

SECTION 4.:  Repeats THC boilerplate.

SECTION 5.:  Repeats THC boilerplate.

SECTION 6.:  Repeats THC boilerplate

SECTION 7.:  Repeats THC boilerplate.

SECTION 8.:
 A.  Rephrases TPWD boilerplate to become THC rules for a historic sites
program. 

 B.  Inserts specific military sites program authority.
 C.  Allows THC to adopt rules for a historic sites program.
  D.  Establishes a "State Historical Areas Fund."
 E.  Allows the THC to accept funds from outside sources for such a
program. 
 F.  Repeats TPWD boilerplate on admissions, concessions, mineral rights,
grazing,       hunting and fishing. 

SECTIONS 9-11.:  List the following designated State Historical Parks to
transfer from TPWD to THC:  Admiral Nimitz, Acton, Varner-Hogg Plantation,
Fulton Mansion, Sam Bell Maxey House, Sebastopol House, Eisenhower
Birthplace, Fanthorp Inn, Fort Lancaster, Fort Leaton, Fort McKavett, Casa
Navarro, Landmark Inn, Magoffin Home, and Starr Family Home. 
NOTE:  Not included in the transfer list are currently designated State
Historical Parks: Battleship Texas, Confederate Reunion Grounds, Fannin
Battleground, Goliad State Park, Hueco Tanks, Sabine Pass Battlefield,
Seminole Canyon, Washington-on-the-Brazos, Caddoan Mounds, Kreische
Brewery, Lipantitlan, Lubbock Lake, Lipantitlan, Monument Hill, Fort
Griffin, Fort Richardson, Governor Hogg Shrine, Jim Hogg, Lyndon B.
Johnson, Old Fort Parker, Port Isabel Lighthouse, San Jacinto
Battleground, San Jose Mission, and Texas State Railroad. 

SECTIONS 12-21.:  Amends TPWD code to accommodate remaining historical
parks under that agency's jurisdiction. 

SECTION 22.:  Transfers $3.5 million per year to THC if no specific amount
is appropriated to THC for operation of a historic sites program. 

 SECTION 23:   Appropriates this $3.5 million per year to THC if no
specific amount is appropriated t o THC for operation of a historic sites
program. 

SECTION 24.:  Act takes effect September 1, 1997.

SECTION 25.:  Transfers powers, records and equipment from TPWD to THC.

SECTION 26.:  Incorporates any interim TPWD rules to THC program.

SECTION 27.:  Emergency Clause.


COMPARISON OF SUBSTITUTE TO ORIGINAL BILL

Changes the State Historical Areas Fund to the State Historical Account.
Removes Goliad State Park, Hueco Tanks State Park, Sabine Pass
Battlefield, Seminole Canyon State Park, Washington-on-the-Brazos State
Park, Caddoan Mounds, Kreische Brewery, Lipantitlan, Lubbock Lake, &
Monument Hill.  Adds Acton State Park to the transfer list.