1-1 AN ACT
1-2 relating to implementation of a Texas courthouse preservation
1-3 program.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 442.001, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 442.001. DEFINITIONS [DEFINITION]. In this chapter:
1-8 (1) "Historic courthouse" means a county courthouse
1-9 that is at least 50 years old.
1-10 (2) "Historic courthouse project" means a project to
1-11 preserve or restore a historic courthouse.
1-12 (3) "Historic[, "historic] structure" means a
1-13 structure that:
1-14 (A) [(1)] is included on the National Register
1-15 of Historic Places;
1-16 (B) [(2)] is designated as a Recorded Texas
1-17 Historic Landmark;
1-18 (C) [(3)] is designated as a State Archeological
1-19 Landmark;
1-20 (D) [(4)] is determined by the Texas Historical
1-21 Commission to qualify as eligible property under criteria for
1-22 inclusion on the National Register of Historic Places or for
1-23 designation as a Recorded Texas Historic Landmark or as a State
1-24 Archeological Landmark;
2-1 (E) [(5)] is certified by the Texas Historical
2-2 Commission to other state agencies as worthy of preservation; or
2-3 (F) [(6)] is designated by an ordinance of a
2-4 municipality with a population of more than 1.5 million as
2-5 historic.
2-6 SECTION 2. Chapter 442, Government Code, is amended by
2-7 adding Sections 442.0081 through 442.0083 to read as follows:
2-8 Sec. 442.0081. HISTORIC COURTHOUSE PRESERVATION PROGRAM;
2-9 GRANTS AND LOANS. (a) The commission shall administer a historic
2-10 courthouse preservation program.
2-11 (b) A county that owns a historic courthouse may apply to
2-12 the commission for a grant or loan for a historic courthouse
2-13 project. The application must:
2-14 (1) state the location of the courthouse;
2-15 (2) state whether the courthouse is or is likely to
2-16 become a historic structure;
2-17 (3) state the amount of money or in-kind contributions
2-18 that the county promises to contribute to the project;
2-19 (4) state whether the courthouse is currently
2-20 functioning as a courthouse;
2-21 (5) include any plans, including a master preservation
2-22 plan, that the county may have for the project; and
2-23 (6) include any other information that the commission
2-24 by rule may require.
2-25 (c) The commission may grant or loan money to a county that
2-26 owns a historic courthouse, for the purpose of preserving or
2-27 restoring the courthouse, if the county's application meets the
3-1 standards of the historic courthouse preservation program. In
3-2 considering whether to grant an application, the commission shall
3-3 consider the preferences and factors listed in this section as well
3-4 as any other factors that it may provide by rule.
3-5 (d) In considering whether to grant an application, the
3-6 commission shall give preference to:
3-7 (1) a proposed project to preserve or restore a
3-8 courthouse:
3-9 (A) that is or is likely to become a historic
3-10 structure; and
3-11 (B) that:
3-12 (i) is still functioning as a courthouse;
3-13 (ii) was built before 1875; or
3-14 (iii) is subject to a conservation
3-15 easement held by the commission; and
3-16 (2) a county that will provide or has provided at
3-17 least 15 percent of the project's costs, including:
3-18 (A) in-kind contributions; and
3-19 (B) previous expenditures for master planning
3-20 and renovations on the courthouse that are the subject of the
3-21 application.
3-22 (e) In considering whether to grant an application, the
3-23 commission shall also consider the following factors:
3-24 (1) the amount of money available for a grant or loan
3-25 and the percentage of the costs that the county will contribute;
3-26 (2) whether the county will contribute any in-kind
3-27 contribution such as labor or materials;
4-1 (3) the cost to preserve or restore the courthouse;
4-2 (4) the architectural style of the courthouse;
4-3 (5) the historic significance of the courthouse;
4-4 (6) the county's master preservation plan; and
4-5 (7) any other factors that the commission by rule may
4-6 provide.
4-7 (f) The commission shall adopt rules regarding the way in
4-8 which it will consider the following factors in analyzing a
4-9 county's contribution to project costs under Subsection (d)(2):
4-10 (1) the period during which past expenditures can be
4-11 considered;
4-12 (2) the amount of past expenditures that can be
4-13 considered; and
4-14 (3) the amount and type of in-kind contributions that
4-15 can be considered.
4-16 (g) The commission shall appoint a Texas Courthouse
4-17 Preservation Program Advisory Committee. The committee shall
4-18 assist the commission on matters relating to the historic
4-19 courthouse preservation program. The commission may reimburse a
4-20 committee member's travel expenses and provide a per diem for other
4-21 expenses from funds appropriated to the commission, but not from
4-22 funds in the historic courthouse preservation fund account created
4-23 by this chapter. Chapter 2110 applies to the committee, but the
4-24 committee must include:
4-25 (1) members from the different geographical areas of
4-26 the state;
4-27 (2) an equal number of members from counties with a
5-1 population of:
5-2 (A) 24,999 or less;
5-3 (B) 25,000 to 75,000; and
5-4 (C) 75,001 or more; and
5-5 (3) at least the following members:
5-6 (A) one or more elected county officials;
5-7 (B) one or more members of historical
5-8 organizations or persons with knowledge of and experience in
5-9 preservation who are not elected county officials; and
5-10 (C) one or more members of the general public
5-11 who do not meet the requirements of Paragraph (A) or (B).
5-12 (h) The commission shall adopt rules necessary to implement
5-13 the historic courthouse preservation program.
5-14 Sec. 442.0082. HISTORIC COURTHOUSE PROJECT; REQUIREMENTS.
5-15 (a) Before incurring any expenses payable from funds received from
5-16 the commission under the historic courthouse preservation program,
5-17 a county must have a master preservation plan for its historic
5-18 courthouse project. The commission by rule shall prescribe the
5-19 minimum standards for a master preservation plan.
5-20 (b) A county that receives money under the historic
5-21 courthouse preservation program must use recognized preservation
5-22 standards for work on a historic courthouse project. The
5-23 commission by rule shall establish standards regarding the quality
5-24 of the work performed on a historic courthouse project.
5-25 (c) A county that receives money under the historic
5-26 courthouse preservation program for a historic courthouse project
5-27 may use the money only for eligible preservation and restoration
6-1 expenses that the commission by rule shall prescribe. Eligible
6-2 expenses may include costs for:
6-3 (1) structural, mechanical, electrical, and plumbing
6-4 systems and weather protection and emergency public safety issues
6-5 not covered by insurance;
6-6 (2) code and environmental compliance, including
6-7 complying with the federal Americans with Disabilities Act of 1990
6-8 and its subsequent amendments, Article 9102, Revised Statutes, and
6-9 other state laws relating to accessibility standards, hazardous
6-10 materials mitigation rules, and other similar concerns;
6-11 (3) replication of a missing architectural feature;
6-12 (4) removal of an inappropriate addition or
6-13 modification; and
6-14 (5) restoration of a courtroom or other significant
6-15 public space in a functional and historically appropriate manner.
6-16 (d) A county's expenditure of money received under this
6-17 chapter for a historic courthouse project is subject to audit by
6-18 the state auditor in accordance with Chapter 321.
6-19 (e) The commission by rule shall provide for oversight
6-20 procedures on a project. These rules shall provide for reasonable
6-21 inspections by the commission as well as periodic reports by a
6-22 county on a project's progress.
6-23 Sec. 442.0083. FUNDING FOR HISTORIC COURTHOUSE PRESERVATION
6-24 PROGRAM; HISTORIC COURTHOUSE PRESERVATION FUND ACCOUNT. (a) The
6-25 historic courthouse preservation fund account is a separate account
6-26 in the general revenue fund. The account consists of transfers
6-27 made to the account, payments on loans made under the historic
7-1 courthouse preservation program, grants and donations made for the
7-2 purposes of the historic courthouse preservation program, and
7-3 income earned on investments of money in the account.
7-4 Appropriations to the commission for the historic courthouse
7-5 preservation program shall be deposited to the credit of the
7-6 account. Notwithstanding Section 404.071, income earned on money
7-7 in the account shall be deposited to the credit of the account.
7-8 (b) Except as otherwise provided by Subsection (c), the
7-9 commission may use money in the historic courthouse preservation
7-10 fund account to provide a grant or loan to a county that owns a
7-11 historic courthouse for a historic courthouse project. The grant
7-12 or loan may be in the amount and according to the terms that the
7-13 commission by rule shall determine.
7-14 (c) The commission may use money in the historic courthouse
7-15 preservation fund account to provide a loan under the historic
7-16 courthouse preservation program only to the extent that the
7-17 legislature provides in the General Appropriations Act that money
7-18 appropriated to the commission for the program may be used to make
7-19 loans.
7-20 (d) As a condition for providing the money under this
7-21 section, the commission may require creation of a conservation
7-22 easement in the property, as provided by Chapter 183, Natural
7-23 Resources Code, in favor of the state and may require creation of
7-24 other appropriate covenants in favor of the state. The commission
7-25 may take any necessary action to enforce repayment of a loan or any
7-26 other agreements made under this section and Sections 442.0081 and
7-27 442.0082.
8-1 (e) A grant for a historic courthouse project may not exceed
8-2 the greater of $4 million or two percent of the amount
8-3 appropriated for implementing the historic courthouse preservation
8-4 program during the state fiscal biennium.
8-5 (f) Biennial appropriations to the commission for
8-6 administering the historic courthouse preservation program during a
8-7 state fiscal biennium, including providing oversight for historic
8-8 courthouse projects, may not exceed one percent of the amount
8-9 appropriated for implementing the historic courthouse preservation
8-10 program during the state fiscal biennium.
8-11 (g) The commission by rule may set a limit on the loan
8-12 amount for a historic courthouse project. This amount may be
8-13 expressed as a dollar amount or as a percentage of the total amount
8-14 appropriated for implementing the historic courthouse preservation
8-15 program during the state fiscal biennium.
8-16 (h) The commission may accept a gift, grant, or other
8-17 donation for the historic courthouse preservation program or a
8-18 specific historic courthouse project.
8-19 SECTION 3. Section 442.008, Government Code, is amended by
8-20 amending the section heading to read as follows:
8-21 Sec. 442.008. COUNTY [HISTORIC] COURTHOUSES.
8-22 SECTION 4. (a) This Act takes effect September 1, 1999.
8-23 (b) Not later than November 1, 1999, the commission shall
8-24 adopt the rules required by Sections 442.0081, 442.0082, and
8-25 442.0083, Government Code, as added by this Act.
8-26 SECTION 5. This Act takes effect only if a specific
8-27 appropriation for the implementation of this Act is provided in
9-1 H.B. No. 1 (General Appropriations Act), Acts of the 76th
9-2 Legislature, Regular Session, 1999. If no specific appropriation
9-3 is provided in H.B. No. 1, the General Appropriations Act, this Act
9-4 has no effect.
9-5 SECTION 6. The importance of this legislation and the
9-6 crowded condition of the calendars in both houses create an
9-7 emergency and an imperative public necessity that the
9-8 constitutional rule requiring bills to be read on three several
9-9 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1341 was passed by the House on April
21, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1341 on May 19, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1341 was passed by the Senate, with
amendments, on May 17, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor