1-1 By: Gallego, et al. (Senate Sponsor - Fraser) H.B. No. 1341
1-2 (In the Senate - Received from the House April 22, 1999;
1-3 April 23, 1999, read first time and referred to Committee on
1-4 Finance; May 12, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 2; May 12, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1341 By: Fraser
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to implementation of a Texas courthouse preservation
1-11 program.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 442.001, Government Code, is amended to
1-14 read as follows:
1-15 Sec. 442.001. DEFINITIONS [DEFINITION]. In this chapter:
1-16 (1) "Historic courthouse" means a county courthouse
1-17 that is at least 50 years old.
1-18 (2) "Historic courthouse project" means a project to
1-19 preserve or restore a historic courthouse.
1-20 (3) "Historic[, "historic] structure" means a
1-21 structure that:
1-22 (A) [(1)] is included on the National Register
1-23 of Historic Places;
1-24 (B) [(2)] is designated as a Recorded Texas
1-25 Historic Landmark;
1-26 (C) [(3)] is designated as a State Archeological
1-27 Landmark;
1-28 (D) [(4)] is determined by the Texas Historical
1-29 Commission to qualify as eligible property under criteria for
1-30 inclusion on the National Register of Historic Places or for
1-31 designation as a Recorded Texas Historic Landmark or as a State
1-32 Archeological Landmark;
1-33 (E) [(5)] is certified by the Texas Historical
1-34 Commission to other state agencies as worthy of preservation; or
1-35 (F) [(6)] is designated by an ordinance of a
1-36 municipality with a population of more than 1.5 million as
1-37 historic.
1-38 SECTION 2. Chapter 442, Government Code, is amended by
1-39 adding Sections 442.0081 through 442.0083 to read as follows:
1-40 Sec. 442.0081. HISTORIC COURTHOUSE PRESERVATION PROGRAM;
1-41 GRANTS AND LOANS. (a) The commission shall administer a historic
1-42 courthouse preservation program.
1-43 (b) A county that owns a historic courthouse may apply to
1-44 the commission for a grant or loan for a historic courthouse
1-45 project. The application must:
1-46 (1) state the location of the courthouse;
1-47 (2) state whether the courthouse is or is likely to
1-48 become a historic structure;
1-49 (3) state the amount of money or in-kind contributions
1-50 that the county promises to contribute to the project;
1-51 (4) state whether the courthouse is currently
1-52 functioning as a courthouse;
1-53 (5) include any plans, including a master preservation
1-54 plan, that the county may have for the project; and
1-55 (6) include any other information that the commission
1-56 by rule may require.
1-57 (c) The commission may grant or loan money to a county that
1-58 owns a historic courthouse, for the purpose of preserving or
1-59 restoring the courthouse, if the county's application meets the
1-60 standards of the historic courthouse preservation program. In
1-61 considering whether to grant an application, the commission shall
1-62 consider the preferences and factors listed in this section as well
1-63 as any other factors that it may provide by rule.
1-64 (d) In considering whether to grant an application, the
2-1 commission shall give preference to:
2-2 (1) a proposed project to preserve or restore a
2-3 courthouse:
2-4 (A) that is or is likely to become a historic
2-5 structure; and
2-6 (B) that:
2-7 (i) is still functioning as a courthouse;
2-8 (ii) was built before 1875; or
2-9 (iii) is subject to a conservation
2-10 easement held by the commission; and
2-11 (2) a county that will provide or has provided at
2-12 least 15 percent of the project's costs, including:
2-13 (A) in-kind contributions; and
2-14 (B) previous expenditures for master planning
2-15 and renovations on the courthouse that are the subject of the
2-16 application.
2-17 (e) In considering whether to grant an application, the
2-18 commission shall also consider the following factors:
2-19 (1) the amount of money available for a grant or loan
2-20 and the percentage of the costs that the county will contribute;
2-21 (2) whether the county will contribute any in-kind
2-22 contribution such as labor or materials;
2-23 (3) the cost to preserve or restore the courthouse;
2-24 (4) the architectural style of the courthouse;
2-25 (5) the historic significance of the courthouse;
2-26 (6) the county's master preservation plan; and
2-27 (7) any other factors that the commission by rule may
2-28 provide.
2-29 (f) The commission shall adopt rules regarding the way in
2-30 which it will consider the following factors in analyzing a
2-31 county's contribution to project costs under Subsection (d)(2):
2-32 (1) the period during which past expenditures can be
2-33 considered;
2-34 (2) the amount of past expenditures that can be
2-35 considered; and
2-36 (3) the amount and type of in-kind contributions that
2-37 can be considered.
2-38 (g) The commission shall appoint a Texas Courthouse
2-39 Preservation Program Advisory Committee. The committee shall
2-40 assist the commission on matters relating to the historic
2-41 courthouse preservation program. The commission may reimburse a
2-42 committee member's travel expenses and provide a per diem for other
2-43 expenses from funds appropriated to the commission, but not from
2-44 funds in the historic courthouse preservation fund account created
2-45 by this chapter. Chapter 2110 applies to the committee, but the
2-46 committee must include:
2-47 (1) members from the different geographical areas of
2-48 the state;
2-49 (2) an equal number of members from counties with a
2-50 population of:
2-51 (A) 24,999 or less;
2-52 (B) 25,000 to 75,000; and
2-53 (C) 75,001 or more; and
2-54 (3) at least the following members:
2-55 (A) one or more elected county officials;
2-56 (B) one or more members of historical
2-57 organizations or persons with knowledge of and experience in
2-58 preservation who are not elected county officials; and
2-59 (C) one or more members of the general public
2-60 who do not meet the requirements of Paragraph (A) or (B).
2-61 (h) The commission shall adopt rules necessary to implement
2-62 the historic courthouse preservation program.
2-63 Sec. 442.0082. HISTORIC COURTHOUSE PROJECT; REQUIREMENTS.
2-64 (a) Before incurring any expenses payable from funds received from
2-65 the commission under the historic courthouse preservation program,
2-66 a county must have a master preservation plan for its historic
2-67 courthouse project. The commission by rule shall prescribe the
2-68 minimum standards for a master preservation plan.
2-69 (b) A county that receives money under the historic
3-1 courthouse preservation program must use recognized preservation
3-2 standards for work on a historic courthouse project. The
3-3 commission by rule shall establish standards regarding the quality
3-4 of the work performed on a historic courthouse project.
3-5 (c) A county that receives money under the historic
3-6 courthouse preservation program for a historic courthouse project
3-7 may use the money only for eligible preservation and restoration
3-8 expenses that the commission by rule shall prescribe. Eligible
3-9 expenses may include costs for:
3-10 (1) structural, mechanical, electrical, and plumbing
3-11 systems and weather protection and emergency public safety issues
3-12 not covered by insurance;
3-13 (2) code and environmental compliance, including
3-14 complying with the federal Americans with Disabilities Act of 1990
3-15 and its subsequent amendments, Article 9102, Revised Statutes, and
3-16 other state laws relating to accessibility standards, hazardous
3-17 materials mitigation rules, and other similar concerns;
3-18 (3) replication of a missing architectural feature;
3-19 (4) removal of an inappropriate addition or
3-20 modification; and
3-21 (5) restoration of a courtroom or other significant
3-22 public space in a functional and historically appropriate manner.
3-23 (d) A county's expenditure of money received under this
3-24 chapter for a historic courthouse project is subject to audit by
3-25 the state auditor in accordance with Chapter 321.
3-26 (e) The commission by rule shall provide for oversight
3-27 procedures on a project. These rules shall provide for reasonable
3-28 inspections by the commission as well as periodic reports by a
3-29 county on a project's progress.
3-30 Sec. 442.0083. FUNDING FOR HISTORIC COURTHOUSE PRESERVATION
3-31 PROGRAM; HISTORIC COURTHOUSE PRESERVATION FUND ACCOUNT. (a) The
3-32 historic courthouse preservation fund account is a separate account
3-33 in the general revenue fund. The account consists of transfers
3-34 made to the account, payments on loans made under the historic
3-35 courthouse preservation program, grants and donations made for the
3-36 purposes of the historic courthouse preservation program, and
3-37 income earned on investments of money in the account.
3-38 Appropriations to the commission for the historic courthouse
3-39 preservation program shall be deposited to the credit of the
3-40 account. Notwithstanding Section 404.071, income earned on money
3-41 in the account shall be deposited to the credit of the account.
3-42 (b) Except as otherwise provided by Subsection (c), the
3-43 commission may use money in the historic courthouse preservation
3-44 fund account to provide a grant or loan to a county that owns a
3-45 historic courthouse for a historic courthouse project. The grant
3-46 or loan may be in the amount and according to the terms that the
3-47 commission by rule shall determine.
3-48 (c) The commission may use money in the historic courthouse
3-49 preservation fund account to provide a loan under the historic
3-50 courthouse preservation program only to the extent that the
3-51 legislature provides in the General Appropriations Act that money
3-52 appropriated to the commission for the program may be used to make
3-53 loans.
3-54 (d) As a condition for providing the money under this
3-55 section, the commission may require creation of a conservation
3-56 easement in the property, as provided by Chapter 183, Natural
3-57 Resources Code, in favor of the state and may require creation of
3-58 other appropriate covenants in favor of the state. The commission
3-59 may take any necessary action to enforce repayment of a loan or any
3-60 other agreements made under this section and Sections 442.0081 and
3-61 442.0082.
3-62 (e) A grant for a historic courthouse project may not exceed
3-63 the greater of $4 million or two percent of the amount
3-64 appropriated for implementing the historic courthouse preservation
3-65 program during the state fiscal biennium.
3-66 (f) Biennial appropriations to the commission for
3-67 administering the historic courthouse preservation program during a
3-68 state fiscal biennium, including providing oversight for historic
3-69 courthouse projects, may not exceed one percent of the amount
4-1 appropriated for implementing the historic courthouse preservation
4-2 program during the state fiscal biennium.
4-3 (g) The commission by rule may set a limit on the loan
4-4 amount for a historic courthouse project. This amount may be
4-5 expressed as a dollar amount or as a percentage of the total amount
4-6 appropriated for implementing the historic courthouse preservation
4-7 program during the state fiscal biennium.
4-8 (h) The commission may accept a gift, grant, or other
4-9 donation for the historic courthouse preservation program or a
4-10 specific historic courthouse project.
4-11 SECTION 3. Section 442.008, Government Code, is amended by
4-12 amending the section heading to read as follows:
4-13 Sec. 442.008. COUNTY [HISTORIC] COURTHOUSES.
4-14 SECTION 4. (a) This Act takes effect September 1, 1999.
4-15 (b) Not later than November 1, 1999, the commission shall
4-16 adopt the rules required by Sections 442.0081, 442.0082, and
4-17 442.0083, Government Code, as added by this Act.
4-18 SECTION 5. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended.
4-23 * * * * *