75R13656 SRC-D                           

         By Davis                                              H.B. No. 2356

         Substitute the following for H.B. No. 2356:

         By Chavez                                         C.S.H.B. No. 2356

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the administration of state-owned historical parks,

 1-3     structures, and sites by the Texas Historical Commission; making a

 1-4     contingent appropriation; providing penalties.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Chapter 442, Government Code, is amended by

 1-7     designating Sections 442.001-442.016 as Subchapter A and adding a

 1-8     heading to Subchapter A to read as follows:

 1-9                     SUBCHAPTER A.  GENERAL PROVISIONS:

1-10                            HISTORIC PRESERVATION

1-11           SECTION 2.  Section 442.001, Government Code, is amended to

1-12     read as follows:

1-13           Sec. 442.001.  Definition.  In this subchapter [chapter],

1-14     "historic structure" means a structure that:

1-15                 (1)  is included on the National Register of Historic

1-16     Places;

1-17                 (2)  is designated as a Recorded Texas Historic

1-18     Landmark;

1-19                 (3)  is designated as a State Archeological Landmark;

1-20                 (4)  is determined by the Texas Historical Commission

1-21     to qualify as eligible property under criteria for inclusion on the

1-22     National Register of Historic Places or for designation as a

1-23     Recorded Texas Historic Landmark or as a State Archeological

1-24     Landmark; or

 2-1                 (5)  is certified by the Texas Historical Commission to

 2-2     other state agencies as worthy of preservation.

 2-3           SECTION 3.  Section 442.005, Government Code, is amended by

 2-4     adding Subsection (t) to read as follows:

 2-5           (t)  The commission may plan, develop, and acquire historical

 2-6     parks, sites, or structures and may improve, maintain, and operate

 2-7     state-owned historical parks, sites, and structures under the

 2-8     commission's jurisdiction.

 2-9           SECTION 4.  Section 442.006(g), Government Code, is amended

2-10     to read as follows:

2-11           (g)  This subchapter [chapter] does not authorize the

2-12     commission to review or determine the placement or location of an

2-13     object in or on a Recorded Texas Historic Landmark if the placement

2-14     or location does not result in substantial structural change or

2-15     damage to the landmark.

2-16           SECTION 5.  Section 442.011, Government Code, is amended to

2-17     read as follows:

2-18           Sec. 442.011.  Penalty.  A person who violates this

2-19     subchapter [chapter] is subject to a civil penalty of not less than

2-20     $50 nor more than $1,000 for each day of violation.

2-21           SECTION 6.  Section 442.012(a), Government Code, is amended

2-22     to read as follows:

2-23           (a)  The attorney general or any resident of this state may

2-24     file suit in district court to restrain and enjoin a violation or

2-25     threatened violation of this subchapter [chapter], to recover on

2-26     behalf of the state a civil penalty provided by this subchapter

2-27     [chapter], or for both injunctive relief and a civil penalty.

 3-1           SECTION 7.  Section 442.013, Government Code, is amended to

 3-2     read as follows:

 3-3           Sec. 442.013.  No Effect on Other Organizations and

 3-4     Activities.  It is not the purpose of this subchapter [chapter] to

 3-5     duplicate or replace existing historical heritage organizations and

 3-6     activities, but to give leadership, coordination, and service as

 3-7     needed and desired.

 3-8           SECTION 8.  Chapter 442, Government Code, is amended by

 3-9     adding Subchapter B to read as follows:

3-10                      SUBCHAPTER B.  ADMINISTRATION OF

3-11                   HISTORICAL PARKS, STRUCTURES, AND SITES

3-12           Sec. 442.201.  JURISDICTION.  (a)  The commission has

3-13     jurisdiction over state historical parks, structures, and sites as

3-14     provided by Subchapters C through E or acquired under this

3-15     subchapter.

3-16           (b)  The commission is, for all purposes, the successor to

3-17     the Parks and Wildlife Department regarding the state historical

3-18     parks, sites, and structures under Subchapters C through E that

3-19     were under the jurisdiction of the Parks and Wildlife Department on

3-20     August 31, 1997.

3-21           Sec. 442.202.  ACQUISITION OF HISTORICAL AREAS.  (a)  The

3-22     commission may acquire by purchase, gift, or other manner

3-23     historical areas:

3-24                 (1)  where events occurred that represent an important

3-25     aspect of the cultural, political, economic, military, or social

3-26     history of the nation or state;

3-27                 (2)  significantly associated with the lives of

 4-1     outstanding historic persons or with an important event that

 4-2     represents a great ideal or idea;

 4-3                 (3)  embodying the distinguishing characteristics of an

 4-4     architectural type that is inherently valuable for study of a

 4-5     period, style, or method of construction;

 4-6                 (4)  that contribute significantly to the understanding

 4-7     of aboriginal man in the nation or state; or

 4-8                 (5)  that are of significant geologic interest relating

 4-9     to prehistoric animal or plant life.

4-10           (b)  The commission shall restore and maintain each

4-11     historical area acquired under this section for the benefit of the

4-12     general public.  The commission may enter into interagency

4-13     contracts for this purpose.

4-14           Sec. 442.203.  Participation in Federal Programs.  (a)  The

4-15     commission may apply to any appropriate agency or officer of the

4-16     United States for participation in or the receipt of aid from any

4-17     federal program involving the planning, acquisition, and

4-18     development of historic sites and structures.

4-19           (b)  The commission may contract with the United States or

4-20     its agencies to plan, acquire, and develop historic sites and

4-21     structures in this state in conformity with any federal act

4-22     concerning the development of historic sites and structures.

4-23           (c)  The commission shall keep financial and other records

4-24     relating to programs under this section and shall furnish

4-25     appropriate officials and agencies of the United States and of this

4-26     state all reports and information reasonably necessary for the

4-27     administration of the programs.

 5-1           Sec. 442.204.  HISTORIC LOCATIONS.  The commission may

 5-2     locate, designate, suitably mark, and promote historic grounds and

 5-3     battlefields and other historic spots in and outside Texas.

 5-4     Fitting markers may be erected; however, no expense may be incurred

 5-5     in the name of the state for this project.

 5-6           Sec. 442.205.  RULES; PENALTY.  (a)  The commission may adopt

 5-7     rules on the health, safety, and protection of persons and property

 5-8     in state historical parks, structures, and sites under the

 5-9     commission's jurisdiction, including rules governing:

5-10                 (1)  the conservation, preservation, and use of state

5-11     property, whether natural features or constructed facilities;

5-12                 (2)  the abusive, disruptive, or destructive conduct of

5-13     persons;

5-14                 (3)  the activities, including recreational activities,

5-15     of persons using historical parks, structures, or sites under the

5-16     commission's jurisdiction;

5-17                 (4)  the possession of pets or animals;

5-18                 (5)  the regulation of traffic and parking; and

5-19                 (6)  conduct that endangers the health, safety, or

5-20     property of persons using historical parks, structures, or sites

5-21     under the commission's jurisdiction.

5-22           (b)  A person commits an offense if the person violates a

5-23     rule adopted under this section.  An offense under this subsection

5-24     is a Class C misdemeanor.

5-25           Sec. 442.206.  STATE HISTORICAL AREAS ACCOUNT.  (a)  The

5-26     state historical areas account is a special account in the general

5-27     revenue fund in the state treasury.

 6-1           (b)  The commission shall deposit to the credit of the state

 6-2     historical areas account all revenue, less allowable costs,

 6-3     received from:

 6-4                 (1)  grants or the operation of concessions in state

 6-5     historical parks, structures, or sites under the commission's

 6-6     jurisdiction;

 6-7                 (2)  publications on state historical parks,

 6-8     structures, or sites under the commission's jurisdiction;

 6-9                 (3)  fees received by the commission under Subchapters

6-10     C through E;

6-11                 (4)  fees received by the commission under Sections

6-12     442.208 and 442.209;

6-13                 (5)  gifts, grants, or donations received by the

6-14     commission for the purposes of this subchapter;

6-15                 (6)  fines or penalties received from violations of

6-16     rules adopted under Section 442.212;

6-17                 (7)  revenue collected under Section 442.213; and

6-18                 (8)  any other source provided by law.

6-19           (c)  The commission may use the money in the account only to

6-20     plan, acquire, maintain, improve, or operate state historical

6-21     parks, structures, or sites under the commission's jurisdiction.

6-22           Sec. 442.207.  GIFTS, GRANTS, AND DONATIONS.  The commission

6-23     may receive gifts, grants, or donations for the purpose of

6-24     operating, maintaining, or improving a state historical park,

6-25     structure, or site under the commission's jurisdiction.

6-26           Sec. 442.208.  FEES.  (a)  The commission may charge and

6-27     collect fees for the admission to or other use of a state

 7-1     historical park, structure, or site under the commission's

 7-2     jurisdiction.

 7-3           (b)  The holder of a state parklands passport issued under

 7-4     Section 13.018, Parks and Wildlife Code, is entitled to enter a

 7-5     state historical park, structure, or site under the commission's

 7-6     jurisdiction without payment of an entrance or admission fee.  When

 7-7     a fee is charged by the commission for entrance of a vehicle into a

 7-8     state historical park, structure, or site, the vehicle of the

 7-9     holder of a state parklands passport is exempt from the fee when

7-10     the holder is present.

7-11           Sec. 442.209.  LODGING OR CAMPSITE RESERVATIONS.  The

7-12     commission may permit the advance reservation of a lodging or

7-13     campsite at a state historical park, structure, or site under the

7-14     commission's jurisdiction and require the payment of a fee by a

7-15     person making the reservation.  If a reservation is canceled at

7-16     least 72 hours before the day the lodging or campsite is first to

7-17     be occupied under the reservation, the reservation fee shall be

7-18     refunded.  If the reservation is confirmed by the person's arriving

7-19     at the historical park, structure, or site, the reservation fee

7-20     shall be applied to the first day's use fee.  A use fee may not be

7-21     required in advance as part of the reservation procedure.

7-22           Sec. 442.210.  CONCESSIONS.  The commission may operate or

7-23     grant a contract to operate a concession in a state historical

7-24     park, structure, or site under the commission's jurisdiction.  The

7-25     commission may make rules governing the granting or operation of

7-26     concessions.

7-27           Sec. 442.211.  PUBLICATIONS.  (a)  The commission may provide

 8-1     or sell information, including books, magazines, photographs,

 8-2     prints, and bulletins, to the public on state historical parks,

 8-3     structures, and sites under the commission's jurisdiction.

 8-4           (b)  The commission may enter into contractual agreements for

 8-5     publication of information concerning state historical parks,

 8-6     structures, and sites under the commission's jurisdiction.

 8-7           (c)  The commission may receive royalties on commission-owned

 8-8     materials that are sold or supplied to others by the commission for

 8-9     publication.

8-10           Sec. 442.212.  REGULATION AND ENFORCEMENT OF MINERAL RIGHTS;

8-11     PENALTIES.  (a)  The commission by rule may regulate the use of

8-12     state historical park, structure, or site land under the

8-13     commission's jurisdiction for oil, gas, and other mineral recovery

8-14     and associated activities as the commission considers reasonable

8-15     and necessary to protect the surface estate of that land under the

8-16     jurisdiction of the commission or to protect human health or

8-17     property.

8-18           (b)  If a person has violated, is violating, or is

8-19     threatening to violate a rule adopted under this section, the

8-20     executive director may have a civil suit brought in a district

8-21     court for injunctive relief, for assessment and recovery of a civil

8-22     penalty of not less than $100 for each act of violation, or for

8-23     both injunctive relief and a civil penalty.

8-24           (c)  A suit under this section shall be brought in the name

8-25     of the commission through the attorney general.

8-26           (d)  Reasonable attorney's fees shall also be recoverable,

8-27     with reimbursement to the operating fund from which the expenditure

 9-1     occurred.

 9-2           (e)  This section does not affect the regulatory authority of

 9-3     the Railroad Commission of Texas.

 9-4           Sec. 442.213.  LEASE OF GRAZING AND FARMING RIGHTS.  (a)  The

 9-5     commission may lease any state historical park or site under the

 9-6     commission's jurisdiction or any area of a state historical park or

 9-7     site under the commission's jurisdiction for the purpose of grazing

 9-8     livestock or growing agricultural crops.

 9-9           (b)  The commission may agree to accept livestock instead of

9-10     money as payment for grazing rights granted under this section.  If

9-11     the commission accepts livestock as payment, the commission shall

9-12     sell the livestock for its fair market value.

9-13           (c)  The commission may agree to accept crops instead of

9-14     money as payment for farming rights granted under this section.  If

9-15     the commission accepts crops as payment, the commission shall

9-16     either sell the crop for its fair market value or use the crop in

9-17     any state historical park or site under the commission's

9-18     jurisdiction.

9-19           Sec. 442.214.  HUNTING AND FISHING.  (a)  The commission by

9-20     rule may allow hunting or fishing on state land that is a part of a

9-21     state historical park, structure, or site under the commission's

9-22     jurisdiction.

9-23           (b)  The Parks and Wildlife Department shall regulate hunting

9-24     or fishing on state land on which the commission allows hunting or

9-25     fishing.

9-26           SECTION 9.  Subchapter K, Chapter 22, Parks and Wildlife

9-27     Code, is transferred to Chapter 442, Government Code, designated as

 10-1    Subchapter C, and amended to read as follows:

 10-2                   SUBCHAPTER C [K].  NIMITZ STATE PARK

 10-3          Sec. 442.251 [22.151].  Jurisdiction.  The Nimitz State Park,

 10-4    located near Fredericksburg in Gillespie County, is under the

 10-5    jurisdiction of the commission [department].

 10-6          Sec. 442.252 [22.152].  Powers of COMMISSION [DEPARTMENT].

 10-7    The commission [department] may:

 10-8                (1)  accept gifts for the construction, building, or

 10-9    advertising of the park;

10-10                (2)  accept gifts for exhibition dealing with the

10-11    history or life of Fleet Admiral Chester W. Nimitz;

10-12                (3)  advertise the affairs of the park;

10-13                (4)  make rules and regulations for administration of

10-14    the park;

10-15                (5)  hire personnel necessary to carry out its duties;

10-16                (6)  grant concessions; and

10-17                (7)  operate and maintain the park.

10-18          SECTION 10.  Subchapter Q, Chapter 22, Parks and Wildlife

10-19    Code, is transferred to Chapter 442, Government Code, designated as

10-20    Subchapter D, and amended to read as follows:

10-21            SUBCHAPTER D [Q].  FLEET ADMIRAL CHESTER W. NIMITZ

10-22                           MEMORIAL NAVAL MUSEUM

10-23          Sec. 442.261 [22.231].  MUSEUM JURISDICTION.  The Fleet

10-24    Admiral Chester W. Nimitz Memorial Naval Museum is under the

10-25    jurisdiction of the commission [department].

10-26          Sec. 442.262 [22.232].  POWERS OF COMMISSION [DEPARTMENT].

10-27    With respect to the Nimitz museum and in addition to its other

 11-1    powers and duties, the commission [department]:

 11-2                (1)  shall foster and commemorate the memory of the era

 11-3    of supreme United States naval power upon the seas and the men and

 11-4    women of the armed services whose gallant and selfless dedication

 11-5    to duty made this era possible;

 11-6                (2)  shall administer the Fleet Admiral Chester W.

 11-7    Nimitz Memorial Naval Museum at Fredericksburg;

 11-8                (3)  shall act in any other capacity relative to

 11-9    preserving naval documents, relics, and other items of historical

11-10    interest;

11-11                (4)  may employ and discharge a museum director and

11-12    other employees it deems necessary to fulfill its duties and

11-13    responsibilities within the limits of funds available;

11-14                (5)  may accept on behalf of the State of Texas

11-15    donations of money, property, and historical relics related to the

11-16    museum's theme; and

11-17                (6)  may acquire property and historical relics by

11-18    purchase within the limits of funds available.

11-19          SECTION 11.  Chapter 442, Government Code, is amended by

11-20    adding Subchapter E to read as follows:

11-21               SUBCHAPTER E.  OTHER STATE HISTORICAL PARKS,

11-22                           STRUCTURES, AND SITES

11-23          Sec. 442.271.  HISTORICAL PARKS.  The Varner-Hogg Plantation

11-24    State Historical Park, Brazoria County, is under the jurisdiction

11-25    of the commission.

11-26          Sec. 442.272.  HISTORIC STRUCTURES.  The following state

11-27    historic structures are under the jurisdiction of the commission:

 12-1                (1)  Fulton Mansion, Aransas County;

 12-2                (2)  Sam Bell Maxey House, Lamar County; and

 12-3                (3)  Sebastopol House, Guadalupe County.

 12-4          Sec. 442.273.  HISTORIC SITES.  The following state historic

 12-5    sites are under the jurisdiction of the commission:

 12-6                (1)  Acton, Hood County;

 12-7                (2)  Eisenhower Birthplace, Grayson County;

 12-8                (3)  Fanthorp Inn, Grimes County;

 12-9                (4)  Fort Lancaster, Crockett County;

12-10                (5)  Fort Leaton, Presidio County;

12-11                (6)  Fort McKavett, Menard County;

12-12                (7)  Jose Antonio Navarro, Bexar County;

12-13                (8)  Landmark Inn, Medina County;

12-14                (9)  Magoffin Home, El Paso County; and

12-15                (10)  Starr Family Home, Harrison County.

12-16          SECTION 12.  Section 11.035(b), Parks and Wildlife Code, is

12-17    amended to read as follows:

12-18          (b)  The department shall deposit to the credit of the state

12-19    parks account all revenue, less allowable costs, received from the

12-20    following sources:

12-21                (1)  grants or operation of concessions in state parks

12-22    or fishing piers;

12-23                (2)  publications on state parks, state historic sites

12-24    under the department's jurisdiction, or state scientific areas;

12-25                (3)  fines or penalties received from violations of

12-26    regulations governing parks issued pursuant to Subchapter B,

12-27    Chapter 13, of this code;

 13-1                (4)  fees and revenue collected under Section 11.027(b)

 13-2    or (c) of this code that are associated with state park lands;

 13-3                (5)  $1,125,000 per month and 40 percent of the amount

 13-4    above $27 million per year of credits made to the department under

 13-5    Section 151.801, Tax Code; and

 13-6                (6)  any other source provided by law.

 13-7          SECTION 13.  Section 13.018(c), Parks and Wildlife Code, is

 13-8    amended to read as follows:

 13-9          (c)  The holder of a state parklands passport issued on or

13-10    before August 31, 1995, a person whose birth date is before

13-11    September 1, 1930, or a veteran described by Subsection (a)(2) is

13-12    entitled to enter any state park without payment of an entrance or

13-13    admission fee and subject to Section 442.208, Government Code, may

13-14    enter a state historical park, structure, or site.  When a fee is

13-15    charged by the department for entrance of a vehicle into a state

13-16    park, the vehicle of the holder of a state parklands passport is

13-17    exempt from the fee when the holder is present.

13-18          SECTION 14.  Section 13.106, Parks and Wildlife Code, is

13-19    amended to read as follows:

13-20          Sec. 13.106.  Posting of Regulations.  All specific or

13-21    general regulations applying to a state park, [historic site,]

13-22    scientific area, [or] fort, or historic site under the department's

13-23    jurisdiction  must be posted in a conspicuous place at the park,

13-24    site, or fort.  A copy of the regulations shall be made available

13-25    on request to persons using the park.

13-26          SECTION 15.  Section 13.108(a), Parks and Wildlife Code, is

13-27    amended to read as follows:

 14-1          (a)  Any person directly or indirectly responsible for

 14-2    disruptive, destructive, or violent conduct which endangers

 14-3    property or the health, safety, or lives of persons or animals may

 14-4    be removed from a park, [historic site,] scientific area, [or]

 14-5    fort, or historic site under the department's jurisdiction for a

 14-6    period not to exceed 48 hours.

 14-7          SECTION 16.  Section 26.001(a), Parks and Wildlife Code, is

 14-8    amended to read as follows:

 14-9          (a)  A department, agency, political subdivision, county, or

14-10    municipality of this state may not approve any program or project

14-11    that requires the use or taking of any public land designated and

14-12    used prior to the arrangement of the program or project as a park,

14-13    recreation area, scientific area, wildlife refuge, or historic site

14-14    under the department's jurisdiction[,] unless the department,

14-15    agency, political subdivision, county, or municipality, acting

14-16    through its duly authorized governing body or officer, determines

14-17    that:

14-18                (1)  there is no feasible and prudent alternative to

14-19    the use or taking of such land; and

14-20                (2)  the program or project includes all reasonable

14-21    planning to minimize harm to the land, as a park, recreation area,

14-22    scientific area, wildlife refuge, or historic site, resulting from

14-23    the use or taking.

14-24          SECTION 17.  Section 43.521(d), Parks and Wildlife Code, is

14-25    amended to read as follows:

14-26          (d)  A person is not required to possess a conservation

14-27    permit at [Washington-on-the-Brazos or] San Jacinto State Park

 15-1    [Parks] or to attend musical or theatrical productions at Galveston

 15-2    Island or Palo Duro State Parks.

 15-3          SECTION 18.  Section 62.062, Parks and Wildlife Code, is

 15-4    amended to read as follows:

 15-5          Sec. 62.062.  Season.  (a)  As sound biological management

 15-6    practices warrant and until August 31, 1995, the commission may

 15-7    prescribe an open season for hunting in state parks or in[,]

 15-8    forts[,] or sites under the department's jurisdiction where size,

 15-9    location, and other physical conditions permit hunting.

15-10          (b)  After August 31, 1995, as sound biological practices

15-11    warrant, and after it has established a classification system for

15-12    parks in accordance with Section 13.001(b) of this code, the

15-13    commission may prescribe an open season for recreational hunting in

15-14    state parks or in[,] forts[,] or sites under the department's

15-15    jurisdiction where size, location, physical conditions, safety, and

15-16    other uses permit hunting.

15-17          SECTION 19.  Section 62.063, Parks and Wildlife Code, is

15-18    amended to read as follows:

15-19          Sec. 62.063.  Regulatory Authority.  The commission may

15-20    prescribe the number, size, kind, and sex and the means and methods

15-21    of taking any wildlife during an open season in a state park, fort,

15-22    or historic site under the department's jurisdiction.

15-23          SECTION 20.  Section 62.064, Parks and Wildlife Code, is

15-24    amended to read as follows:

15-25          Sec. 62.064.  Fee for Hunting.  The commission may set a

15-26    reasonable fee to be collected for hunting in state parks, forts,

15-27    and sites under the department's jurisdiction.

 16-1          SECTION 21.  Section 62.066, Parks and Wildlife Code, is

 16-2    amended to read as follows:

 16-3          Sec. 62.066.  Management of Resources.  The commission may

 16-4    direct the service or division of the department charged with the

 16-5    management of wildlife resources to manage the aquatic and wildlife

 16-6    resources found in state parks, forts, or historic sites under the

 16-7    department's jurisdiction.

 16-8          SECTION 22.  Section 11.035, Parks and Wildlife Code, is

 16-9    amended by adding Subsection (c) to read as follows:

16-10          (c)  For each fiscal year the comptroller shall transfer $3.5

16-11    million from the state parks account to the state historical areas

16-12    account to be used by the Texas Historical Commission for the

16-13    administration of historical parks, structures, and sites under the

16-14    jurisdiction of the Texas Historical Commission.

16-15          SECTION 23.  If the General Appropriations Act does not

16-16    contain an appropriation to the Texas Historical Commission for the

16-17    fiscal biennium ending August 31, 1999, for the administration of

16-18    historical parks, structures, and sites transferred to the

16-19    jurisdiction of the commission under this Act, the sum of $3.5

16-20    million is appropriated from the state historical areas account in

16-21    the general revenue fund to the commission for each fiscal year of

16-22    that biennium for that purpose.  The appropriation to the Parks and

16-23    Wildlife Department from the state parks account is reduced by an

16-24    equivalent amount each fiscal year of that biennium.

16-25          SECTION 24.  This Act takes effect September 1, 1997.

16-26          SECTION 25.  (a)  The powers and duties of the Parks and

16-27    Wildlife Department with regard to the state-owned historical

 17-1    parks, structures, and sites transferred by this Act from the Parks

 17-2    and Wildlife Department to the Texas Historical Commission are

 17-3    transferred, as provided by this Act, on the effective date of this

 17-4    Act.

 17-5          (b)  All files and records of the Parks and Wildlife

 17-6    Department kept by that department regarding any state-owned

 17-7    historical park, structure, or site transferred by this Act from

 17-8    the Parks and Wildlife Department to the Texas Historical

 17-9    Commission shall be transferred to the Texas Historical Commission

17-10    on that date.

17-11          (c)  All equipment, property, and unobligated and unexpended

17-12    appropriations of the Parks and Wildlife Department designated for

17-13    the administration of the historical parks, structures, and sites

17-14    transferred by this Act from the Parks and Wildlife Department to

17-15    the Texas Historical Commission shall be transferred to the Texas

17-16    Historical Commission on that date.

17-17          SECTION 26.  A rule adopted by the Parks and Wildlife

17-18    Commission before the effective date of this Act that relates to a

17-19    state-owned historical park, structure, or site transferred by this

17-20    Act from the Parks and Wildlife Department to the Texas Historical

17-21    Commission is, on the effective date of this Act, a rule of the

17-22    Texas Historical Commission and remains in effect until amended or

17-23    repealed by the Texas Historical Commission.  This section expires

17-24    September 1, 1999.

17-25          SECTION 27.  The importance of this legislation and the

17-26    crowded condition of the calendars in both houses create an

17-27    emergency   and   an   imperative   public   necessity   that   the

 18-1    constitutional rule requiring bills to be read on three several

 18-2    days in each house be suspended, and this rule is hereby suspended.