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.
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