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.