By:  Armbrister                              S.C.R. No. 45

         97S0598/1                           

                            SENATE CONCURRENT RESOLUTION

 1-1           WHEREAS, The Wharton County Commissioners Court requests that

 1-2     the legislature remove the state archeological landmark designation

 1-3     placed on certain buildings owned by the residents of Wharton

 1-4     County; and

 1-5           WHEREAS, The Wharton County Commissioners Court in January,

 1-6     1992, purchased property east of the county courthouse known as the

 1-7     "Burger Block" for the purpose of planning a facility to meet

 1-8     current needs and for future growth; and

 1-9           WHEREAS, This property, correctly identified as Lots 3B, 4,

1-10     and 5 of Block 7 of the City of Wharton, contained five small

1-11     commercial buildings erected in the early part of the century,

1-12     addressed as 119, 121, 123, 125, and 127 South Fulton Street, which

1-13     buildings were not part of the county's plans for expansion, but

1-14     were nonetheless nominated for state archeological landmark status

1-15     by a resident who no longer resides in Wharton County; and

1-16           WHEREAS, These nominations created the need for a referendum

1-17     vote called for by county officials, which took place in November,

1-18     1993, to determine true public sentiment on this issue; and

1-19           WHEREAS, Prior to this election, in September of the same

1-20     year the Texas Antiquities Committee, whose power and authority

1-21     have now been assumed by the Texas Historical Commission, held a

1-22     hearing to consider these nominations for state archeological

1-23     landmark status; and

1-24           WHEREAS, Despite the request from the county officials to

 2-1     postpone any action until after the referendum vote, the Texas

 2-2     Antiquities Committee imposed state archeological landmark status

 2-3     on the county-owned "Burger Buildings," creating an impediment to

 2-4     Wharton County's future use of this property; now, therefore, be it

 2-5           RESOLVED, That the 75th Legislature of the State of Texas

 2-6     hereby direct the Texas Historical Commission to remove the state

 2-7     archeological landmark designation that was placed by the Texas

 2-8     Antiquities Committee on the "Burger Buildings" in Wharton County,

 2-9     thereby allowing the voters of Wharton County to resolve this

2-10     matter; and, be it further

2-11           RESOLVED, That the secretary of state forward an official

2-12     copy of this resolution to the Texas Historical Commission.