By Gallego H.B. No. 1341
76R3418 MXM-D
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) An owner of a historic courthouse who is a county or
2-12 nonprofit organization may apply to the commission for a grant or
2-13 loan for a historic courthouse project. The application must:
2-14 (1) state the location of the courthouse;
2-15 (2) state the identity of each owner of the
2-16 courthouse;
2-17 (3) state whether the courthouse is or is likely to
2-18 become a historic structure;
2-19 (4) state the amount of money or in-kind contributions
2-20 that the owner promises to contribute to the project;
2-21 (5) state whether the courthouse is currently
2-22 functioning as a courthouse;
2-23 (6) include any plans, including a master preservation
2-24 plan, that the owner may have for the project; and
2-25 (7) include any other information that the commission
2-26 by rule may require.
2-27 (c) The commission may grant or loan money to a county or
3-1 nonprofit organization that owns a historic courthouse, for the
3-2 purpose of preserving or restoring the courthouse, if the owner's
3-3 application meets the standards of the historic courthouse
3-4 preservation program. In considering whether to grant an
3-5 application, the commission shall consider the preferences and
3-6 factors listed in this section as well as any other factors that it
3-7 may provide by rule.
3-8 (d) In considering whether to grant an application, the
3-9 commission shall give preference to:
3-10 (1) a proposed project to preserve or restore a
3-11 courthouse that:
3-12 (A) is or is likely to become a historic
3-13 structure; or
3-14 (B) is owned by the county and functioning as a
3-15 courthouse; and
3-16 (2) an owner 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) The commission shall adopt rules regarding the way in
3-23 which it will consider the following factors in analyzing an
3-24 owner's contribution to project costs under Subsection (d)(2):
3-25 (1) the period during which past expenditures can be
3-26 considered;
3-27 (2) the amount of past expenditures that can be
4-1 considered; and
4-2 (3) the amount and type of in-kind contributions that
4-3 can be considered.
4-4 (f) In considering whether to grant an application, the
4-5 commission shall also consider the following factors:
4-6 (1) the amount of money available for a grant or loan
4-7 and the percentage of the costs that the owner will contribute;
4-8 (2) whether the owner will contribute any in-kind
4-9 contribution such as labor or materials;
4-10 (3) the cost to preserve or restore the courthouse;
4-11 (4) the architectural style of the courthouse;
4-12 (5) the historic significance of the courthouse;
4-13 (6) the owner's master preservation plan;
4-14 (7) whether the owner is a county or nonprofit
4-15 organization; and
4-16 (8) any other factors that the commission by rule may
4-17 provide.
4-18 (g) The commission, after considering any recommendations
4-19 from the governor, lieutenant governor, or speaker of the house of
4-20 representatives, shall appoint a Texas Courthouse Preservation
4-21 Program Advisory Committee. The committee shall assist the
4-22 commission on matters relating to the historic courthouse
4-23 preservation program. The commission may reimburse a committee
4-24 member's travel expenses and provide a per diem for other expenses
4-25 from funds appropriated to the commission, but not from funds in
4-26 the historic courthouse preservation fund account created by this
4-27 chapter. Chapter 2110 applies to the committee, but the committee
5-1 must include at least the following members:
5-2 (1) an elected county official;
5-3 (2) a director of a nonprofit historic preservation
5-4 organization;
5-5 (3) an architect with substantial experience in
5-6 historic preservation;
5-7 (4) a real estate or construction expert with
5-8 experience in historic preservation;
5-9 (5) an attorney with a recognized background in
5-10 historic preservation; and
5-11 (6) two persons who do not meet the criteria of
5-12 Subdivisions (1)-(5) who have a demonstrated commitment to historic
5-13 preservation.
5-14 (h) The commission shall adopt rules necessary to implement
5-15 the historic courthouse preservation program.
5-16 Sec. 442.0082. HISTORIC COURTHOUSE PROJECT; REQUIREMENTS.
5-17 (a) Before incurring any expenses payable from funds received from
5-18 the commission under the historic courthouse preservation program,
5-19 an owner must have a master preservation plan for its historic
5-20 courthouse project. The commission by rule shall prescribe the
5-21 elements of a master preservation plan.
5-22 (b) An owner that receives money under the historic
5-23 courthouse preservation program must use recognized preservation
5-24 standards for work on a historic courthouse project. The
5-25 commission by rule shall adopt these standards, and may adopt
5-26 standards published by the secretary of the interior of the United
5-27 States for the treatment of historic properties.
6-1 (c) An owner that receives money under the historic
6-2 courthouse preservation program for a historic courthouse project
6-3 may use the money only for eligible preservation and restoration
6-4 expenses that the commission by rule shall prescribe. Eligible
6-5 expenses may include costs for:
6-6 (1) structural, mechanical, electrical, and plumbing
6-7 systems and weather protection and emergency public safety issues
6-8 not covered by insurance;
6-9 (2) code and environmental compliance, including
6-10 complying with the federal Americans with Disabilities Act of 1990
6-11 and its subsequent amendments, Article 9102, Revised Statutes, and
6-12 other state laws relating to accessibility standards, hazardous
6-13 materials mitigation rules, and other similar concerns;
6-14 (3) replication of a missing architectural feature;
6-15 (4) removal of an inappropriate addition or
6-16 modification;
6-17 (5) restoration of a courtroom or other significant
6-18 public space in a functional and historically appropriate manner;
6-19 and
6-20 (6) alteration of the landscape to provide a more
6-21 historically appropriate setting for the courthouse.
6-22 (d) An owner's expenditure of money received under this
6-23 chapter for a historic courthouse project is subject to audit by
6-24 the state auditor in accordance with Chapter 321.
6-25 (e) The commission by rule shall provide for oversight
6-26 procedures on a project. These rules shall provide for reasonable
6-27 inspections by the commission as well as periodic reports by an
7-1 owner on a project's progress.
7-2 Sec. 442.0083. FUNDING FOR HISTORIC COURTHOUSE PRESERVATION
7-3 PROGRAM; HISTORIC COURTHOUSE PRESERVATION FUND ACCOUNT. (a) The
7-4 historic courthouse preservation fund account is a separate account
7-5 in the general revenue fund. The account consists of transfers
7-6 made to the account, payments on loans made under the historic
7-7 courthouse preservation program, grants and donations made for the
7-8 purposes of the historic courthouse preservation program, and
7-9 income earned on investments of money in the account.
7-10 Appropriations to the commission for the historic courthouse
7-11 preservation program shall be deposited to the credit of the
7-12 account. Notwithstanding Section 404.071, income earned on money
7-13 in the account shall be deposited to the credit of the account.
7-14 (b) The commission may use money in the historic courthouse
7-15 preservation fund account to provide a grant or loan to a county or
7-16 nonprofit organization that owns a historic courthouse for a
7-17 historic courthouse project. The grant or loan may be in the
7-18 amount and according to the terms that the commission by rule shall
7-19 determine.
7-20 (c) 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 (d) A grant for a historic courthouse project may not exceed
8-2 the greater of four million dollars 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 (e) Biennial appropriations to the commission for
8-6 administering the historic courthouse preservation program,
8-7 including providing oversight for historic courthouse projects, may
8-8 not exceed the greater of two million dollars or one percent of the
8-9 amount appropriated for implementing the historic courthouse
8-10 preservation program during the state fiscal biennium.
8-11 (f) 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 (g) 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. (a) This Act takes effect September 1, 1999.
8-20 (b) Not later than November 1, 1999, the commission shall
8-21 adopt the rules required by Sections 442.0081, 442.0082, and
8-22 442.0083, Government Code, as added by this Act.
8-23 SECTION 4. The importance of this legislation and the
8-24 crowded condition of the calendars in both houses create an
8-25 emergency and an imperative public necessity that the
8-26 constitutional rule requiring bills to be read on three several
8-27 days in each house be suspended, and this rule is hereby suspended.