By Dukes H.B. No. 2757
76R7619 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to notification of the identification, conveyance, or
1-3 destruction of a historic structure or property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 315.006, Local Government Code, is
1-6 amended by amending Subsection (k) and by adding Subsections (l)
1-7 and (m) to read as follows:
1-8 (k) If the Texas Historical Commission makes a determination
1-9 under Subsection (j)(2), the commission may enforce this section,
1-10 and the municipality may not act under this section. Damages
1-11 recovered under this subsection shall be deposited in the Texas
1-12 preservation trust fund account. The recovered damages may be used,
1-13 in a manner determined by the Texas Historical Commission, only to:
1-14 (1) construct a reasonable facsimile of the demolished
1-15 structure or property, using as many of the original materials as
1-16 possible;
1-17 (2) restore the structure or property, using as many
1-18 of the original materials as possible; or
1-19 (3) restore another historic structure or property.
1-20 (l) Any development contract between the state or a
1-21 political subdivision of the state and another party must contain a
1-22 prominent disclosure of any potential liability incurred under this
1-23 section.
1-24 (m) Before a person may convey any real property or a real
2-1 property interest, the person or the title company issuing a policy
2-2 on the property shall execute a statement that the person or
2-3 company has determined whether the property has been designated as
2-4 a historic structure or property. The determination of whether the
2-5 property has been designated as a historic structure or property
2-6 shall appear on the face of the instrument of conveyance. A person
2-7 or title company complies with the requirements of this section if
2-8 the person or title company consults:
2-9 (1) the verified written instruments filed under
2-10 Subsection (h) or Section 442.016(j)(1), Government Code, in the
2-11 real property records of the county in which the property is
2-12 located; and
2-13 (2) the most recent list of historic properties and
2-14 structures published by the Texas Historical Commission in the
2-15 Texas Register under Section 442.016(j)(2), Government Code.
2-16 SECTION 2. Section 442.016, Government Code, is amended by
2-17 amending Subsections (a), (b), (e), (f), (h), and (i) and adding
2-18 Subsections (j), (k), and (l) to read as follows:
2-19 (a) In this section:
2-20 (1) "Commission" means the Texas Historical
2-21 Commission.
2-22 (2) "Historic [, "historic] structure or property"
2-23 means a historic structure or a structure or property that is
2-24 designated as historic by a political subdivision of the state, the
2-25 state, or the federal government.
2-26 (b) A person is liable to the commission for damages if the
2-27 person:
3-1 (1) demolishes, causes to be demolished, or otherwise
3-2 adversely affects the structural, physical, or visual integrity of
3-3 a historic structure or property that is not located in a
3-4 municipality that has a demolition permit and a building permit
3-5 procedure; and
3-6 (2) does not provide notice or obtain the required
3-7 written permission from the commission before beginning to
3-8 demolish, cause the demolition of, or otherwise adversely affect
3-9 the structural, physical, or visual integrity of the structure or
3-10 property.
3-11 (e) Damages recovered under this section shall be deposited
3-12 in the Texas preservation trust fund account. The recovered
3-13 damages may be used, in a manner determined by the municipality in
3-14 which the structure or property is located, only to:
3-15 (1) construct a reasonable facsimile of the demolished
3-16 structure or property, using as many of the original materials as
3-17 possible;
3-18 (2) restore the structure or property, using as many
3-19 of the original materials as possible; or
3-20 (3) restore another historic structure or property.
3-21 (f) The construction of a facsimile structure or property
3-22 under Subsection (d) or (e) must be undertaken at the location
3-23 designated by the commission, which may be the same location as
3-24 that of the demolished historic structure or property.
3-25 (h) The commission shall notify the public, in the manner
3-26 prescribed by Subsection (j), of each historic structure or
3-27 property located in each county. The notification must provide
4-1 [The commission shall file in the real property records of the
4-2 county clerk's office in each county in which a historic structure
4-3 or property that is included on the National Register of Historic
4-4 Places or that is designated as a Recorded Texas Historic Landmark
4-5 is located a verified written instrument listing each structure or
4-6 property located in that county by]:
4-7 (1) the street address, if available in the commission
4-8 files;
4-9 (2) the legal description of the real property on
4-10 which the structure or property is located; and
4-11 (3) the name of the owner of the real property, if
4-12 available in the commission files.
4-13 (i) Subsections (a) through (g) of this section apply only
4-14 to a historic structure or property on or after the date:
4-15 (1) the instrument has been filed under Subsection
4-16 (j)(1) [(h)] and indexed; or
4-17 (2) notice has been published in the Texas Register
4-18 under Subsection (j)(2).
4-19 (j) In order to notify the public of each historic structure
4-20 or property that is located in a county, the commission shall:
4-21 (1) file, in the real property records of the county
4-22 in which any portion of the historic property or structure is
4-23 located, a verified written instrument of each historic property or
4-24 structure in the county; and
4-25 (2) periodically publish notice of the historic
4-26 properties and structures in the county in the Texas Register.
4-27 (k) Before any person may convey real property or a real
5-1 property interest, the person or the title company issuing a policy
5-2 on the property shall execute a statement that the person or
5-3 company has determined whether the property has been designated as
5-4 a historic structure or property. The determination of whether the
5-5 property has been designated as a historic structure or property
5-6 shall appear on the face of the instrument of conveyance. A person
5-7 or title company complies with the requirements of this section if
5-8 the person or title company consults:
5-9 (1) the verified written instruments filed under
5-10 Subsection (j)(1) or Section 315.006(h), Local Government Code, in
5-11 the real property records of the county in which the property is
5-12 located; and
5-13 (2) the most recent list of historic properties and
5-14 structures published by the Texas Historical Commission in the
5-15 Texas Register under Subsection (j)(2).
5-16 (l) Any development contract between the state or a
5-17 political subdivision of the state and another party must contain a
5-18 prominent disclosure of any potential liability incurred and the
5-19 amount of any penalties that may be assessed under this chapter.
5-20 SECTION 3. Section 442.011, Government Code, is amended to
5-21 read as follows:
5-22 Sec. 442.011. PENALTY. A person who violates this chapter
5-23 is subject to a civil penalty of not less than $100 [$50] nor more
5-24 than $2,000 [$1,000] for each day of violation.
5-25 SECTION 4. (a) This Act takes effect January 1, 2000.
5-26 (b) The change in law made by this Act applies only to an
5-27 offense committed on or after the effective date of this Act. For
6-1 the purposes of this section, an offense is committed before the
6-2 effective date of this Act if any element of the offense occurs
6-3 before that date.
6-4 (c) An offense committed before the effective date of this
6-5 Act is covered by the law in effect when the offense was committed,
6-6 and the former law is continued in effect for that purpose.
6-7 SECTION 5. The importance of this legislation and the
6-8 crowded condition of the calendars in both houses create an
6-9 emergency and an imperative public necessity that the
6-10 constitutional rule requiring bills to be read on three several
6-11 days in each house be suspended, and this rule is hereby suspended.