76R10236 MXM-D
By Gallego, Pitts, Cuellar, Farabee, Glaze, H.B. No. 1341
et al.
Substitute the following for H.B. No. 1341:
By Jones of Brazos C.S.H.B. No. 1341
A BILL TO BE ENTITLED
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 structure
1-13 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 that:
3-9 (A) is or is likely to become a historic
3-10 structure; and
3-11 (B) is functioning as a courthouse; and
3-12 (2) a county that will provide or has provided at
3-13 least 15 percent of the project's costs, including:
3-14 (A) in-kind contributions; and
3-15 (B) previous expenditures for master planning
3-16 and renovations on the courthouse that are the subject of the
3-17 application.
3-18 (e) In considering whether to grant an application, the
3-19 commission shall also consider the following factors:
3-20 (1) the amount of money available for a grant or loan
3-21 and the percentage of the costs that the county will contribute;
3-22 (2) whether the county will contribute any in-kind
3-23 contribution such as labor or materials;
3-24 (3) the cost to preserve or restore the courthouse;
3-25 (4) the architectural style of the courthouse;
3-26 (5) the historic significance of the courthouse;
3-27 (6) the county's master preservation plan; and
4-1 (7) any other factors that the commission by rule may
4-2 provide.
4-3 (f) The commission shall adopt rules regarding the way in
4-4 which it will consider the following factors in analyzing a
4-5 county's contribution to project costs under Subsection (d)(2):
4-6 (1) the period during which past expenditures can be
4-7 considered;
4-8 (2) the amount of past expenditures that can be
4-9 considered; and
4-10 (3) the amount and type of in-kind contributions that
4-11 can be considered.
4-12 (g) The commission, after considering any recommendations
4-13 from the governor, lieutenant governor, or speaker of the house of
4-14 representatives, shall appoint a Texas Courthouse Preservation
4-15 Program Advisory Committee. The committee shall assist the
4-16 commission on matters relating to the historic courthouse
4-17 preservation program. The commission may reimburse a committee
4-18 member's travel expenses and provide a per diem for other expenses
4-19 from funds appropriated to the commission, but not from funds in
4-20 the historic courthouse preservation fund account created by this
4-21 chapter. Chapter 2110 applies to the committee, but the committee
4-22 must include:
4-23 (1) members from the different geographical areas of
4-24 the state;
4-25 (2) an equal number of members from counties with a
4-26 population of:
4-27 (A) 24,999 or less;
5-1 (B) 25,000 to 75,000; and
5-2 (C) 75,001 or more; and
5-3 (3) at least the following members:
5-4 (A) an elected county official;
5-5 (B) a director of a nonprofit historic
5-6 preservation organization;
5-7 (C) an architect with substantial experience in
5-8 historic preservation;
5-9 (D) a real estate or construction expert with
5-10 experience in historic preservation;
5-11 (E) an attorney with a recognized background in
5-12 historic preservation; and
5-13 (F) two persons who do not meet the criteria of
5-14 Paragraphs (A)-(E) who have a demonstrated commitment to historic
5-15 preservation.
5-16 (h) The commission shall adopt rules necessary to implement
5-17 the historic courthouse preservation program.
5-18 Sec. 442.0082. HISTORIC COURTHOUSE PROJECT; REQUIREMENTS.
5-19 (a) Before incurring any expenses payable from funds received from
5-20 the commission under the historic courthouse preservation program,
5-21 a county must have a master preservation plan for its historic
5-22 courthouse project. The commission by rule shall prescribe the
5-23 elements of a master preservation plan.
5-24 (b) A county that receives money under the historic
5-25 courthouse preservation program must use recognized preservation
5-26 standards for work on a historic courthouse project. The
5-27 commission by rule shall adopt these standards, and may adopt
6-1 standards published by the secretary of the interior of the United
6-2 States for the treatment of historic properties.
6-3 (c) A county that receives money under the historic
6-4 courthouse preservation program for a historic courthouse project
6-5 may use the money only for eligible preservation and restoration
6-6 expenses that the commission by rule shall prescribe. Eligible
6-7 expenses may include costs for:
6-8 (1) structural, mechanical, electrical, and plumbing
6-9 systems and weather protection and emergency public safety issues
6-10 not covered by insurance;
6-11 (2) code and environmental compliance, including
6-12 complying with the federal Americans with Disabilities Act of 1990
6-13 and its subsequent amendments, Article 9102, Revised Statutes, and
6-14 other state laws relating to accessibility standards, hazardous
6-15 materials mitigation rules, and other similar concerns;
6-16 (3) replication of a missing architectural feature;
6-17 (4) removal of an inappropriate addition or
6-18 modification; and
6-19 (5) restoration of a courtroom or other significant
6-20 public space in a functional and historically appropriate manner.
6-21 (d) A county's expenditure of money received under this
6-22 chapter for a historic courthouse project is subject to audit by
6-23 the state auditor in accordance with Chapter 321.
6-24 (e) The commission by rule shall provide for oversight
6-25 procedures on a project. These rules shall provide for reasonable
6-26 inspections by the commission as well as periodic reports by a
6-27 county on a project's progress.
7-1 Sec. 442.0083. FUNDING FOR HISTORIC COURTHOUSE PRESERVATION
7-2 PROGRAM; HISTORIC COURTHOUSE PRESERVATION FUND ACCOUNT. (a) The
7-3 historic courthouse preservation fund account is a separate account
7-4 in the general revenue fund. The account consists of transfers
7-5 made to the account, payments on loans made under the historic
7-6 courthouse preservation program, grants and donations made for the
7-7 purposes of the historic courthouse preservation program, and
7-8 income earned on investments of money in the account.
7-9 Appropriations to the commission for the historic courthouse
7-10 preservation program shall be deposited to the credit of the
7-11 account. Notwithstanding Section 404.071, income earned on money
7-12 in the account shall be deposited to the credit of the account.
7-13 (b) The commission may use money in the historic courthouse
7-14 preservation fund account to provide a grant or loan to a county
7-15 that owns a historic courthouse for a historic courthouse project.
7-16 The grant or loan may be in the amount and according to the terms
7-17 that the commission by rule shall determine.
7-18 (c) As a condition for providing the money under this
7-19 section, the commission may require creation of a conservation
7-20 easement in the property, as provided by Chapter 183, Natural
7-21 Resources Code, in favor of the state and may require creation of
7-22 other appropriate covenants in favor of the state. The commission
7-23 may take any necessary action to enforce repayment of a loan or any
7-24 other agreements made under this section and Sections 442.0081 and
7-25 442.0082.
7-26 (d) A grant for a historic courthouse project may not exceed
7-27 the greater of $4 million or two percent of the amount
8-1 appropriated for implementing the historic courthouse preservation
8-2 program during the state fiscal biennium.
8-3 (e) Biennial appropriations to the commission for
8-4 administering the historic courthouse preservation program,
8-5 including providing oversight for historic courthouse projects, may
8-6 not exceed the greater of $2 million or one percent of the amount
8-7 appropriated for implementing the historic courthouse preservation
8-8 program during the state fiscal biennium.
8-9 (f) The commission by rule may set a limit on the loan
8-10 amount for a historic courthouse project. This amount may be
8-11 expressed as a dollar amount or as a percentage of the total amount
8-12 appropriated for implementing the historic courthouse preservation
8-13 program during the state fiscal biennium.
8-14 (g) The commission may accept a gift, grant, or other
8-15 donation for the historic courthouse preservation program or a
8-16 specific historic courthouse project.
8-17 SECTION 3. (a) This Act takes effect September 1, 1999.
8-18 (b) Not later than November 1, 1999, the commission shall
8-19 adopt the rules required by Sections 442.0081, 442.0082, and
8-20 442.0083, Government Code, as added by this Act.
8-21 SECTION 4. The importance of this legislation and the
8-22 crowded condition of the calendars in both houses create an
8-23 emergency and an imperative public necessity that the
8-24 constitutional rule requiring bills to be read on three several
8-25 days in each house be suspended, and this rule is hereby suspended.