By Gallegos S.B. No. 984
75R5745 SRC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the preservation, operation, and maintenance of
1-3 historical resources and the powers and duties of the Texas
1-4 Historical Commission.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 2165.256(a), (b), (h), and (j),
1-7 Government Code, are amended to read as follows:
1-8 (a) The Texas Historical Commission [commission] shall:
1-9 (1) control, manage, and beautify the grounds of the
1-10 State Cemetery;
1-11 (2) preserve the historical integrity of the cemetery,
1-12 its grounds, [of the cemetery] and related property; and
1-13 (3) protect the property from depreciation and injury.
1-14 (b) The historical commission shall procure and erect at the
1-15 head of each grave that does not have a permanent monument a marble
1-16 obelisk on which shall be engraved the name of the dead buried in
1-17 the grave.
1-18 (h) A tree, shrub, or flower may not be planted in the State
1-19 Cemetery without the historical commission's written permission.
1-20 (j) The historical commission shall allot and locate the
1-21 necessary number of grave plots authorized on application made by:
1-22 (1) the person primarily eligible for burial under
1-23 Subsection (c);
1-24 (2) the person's spouse; or
2-1 (3) the executor or administrator of the person's
2-2 estate.
2-3 SECTION 2. Chapter 443, Government Code, is amended by
2-4 adding Section 443.0081 to read as follows:
2-5 Sec. 443.0081. CONSULTATION WITH HISTORICAL COMMISSION. The
2-6 board shall regularly consult with the Texas Historical Commission
2-7 on the historic preservation aspects of the board's duties. In
2-8 particular, the board shall seek and consider the advice of the
2-9 historical commission before approving construction modifications
2-10 of the Capitol, the Capitol grounds, or the General Land Office
2-11 Building.
2-12 SECTION 3. Sections 442.005(i), (o), and (p), Government
2-13 Code, are amended to read as follows:
2-14 (i) The commission may provide loans or matching grants to
2-15 assist the preservation of a historic structure significant in
2-16 Texas or American history, architecture, archeology, or culture.
2-17 As a condition of a loan or grant for the preservation of a
2-18 historic property, the commission may require that the recipient
2-19 provide reports and other evidence that funds are used for the
2-20 purposes of the loan or grant and provide continuing reports or
2-21 other evidence, over an appropriate period, that the property is
2-22 being preserved in a manner consistent with the terms of the loan
2-23 or grant.
2-24 (o) The commission may enter into contracts with federal,
2-25 other state, or local governmental agencies or institutions and
2-26 with qualified private institutions to carry out the purposes of
2-27 the commission [this chapter].
3-1 (p) The commission may accept a gift, grant, devise, or
3-2 bequest of money, securities, services, or property to carry out
3-3 any purpose [the purposes] of the commission, including funds
3-4 raised or services provided by a volunteer or volunteer group to
3-5 promote the work of the commission. The commission may participate
3-6 in the establishment and operation of an affiliated nonprofit
3-7 organization whose purpose is to raise funds for or provide
3-8 services or other benefits to the commission, and the commission
3-9 may contract with such an organization for the performance of any
3-10 duty imposed on the commission [this chapter].
3-11 SECTION 4. Sections 442.0086(a) and (e), Government Code,
3-12 are amended to read as follows:
3-13 (a) The commission shall identify, preserve, interpret, and
3-14 place monuments at sites in and outside this state that are
3-15 historically significant to this state because of:
3-16 (1) military action or service at the sites; or
3-17 (2) other significant events of a military nature at
3-18 the sites that shaped the history of this state.
3-19 (e) The commission may seek assistance from federal, other
3-20 state, and local governmental entities in carrying out the
3-21 commission's duties under this section.
3-22 SECTION 5. This Act takes effect September 1, 1997.
3-23 SECTION 6. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
3-27 days in each house be suspended, and this rule is hereby suspended.