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.