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.