By Fraser                                              S.B. No. 728
         76R6458 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.  Chapter 442, Government Code, is amended by
 1-6     adding Sections 442.0081 through 442.0083 to read as follows:
 1-7           Sec. 442.0081.  HISTORIC COURTHOUSE PRESERVATION PROGRAM;
 1-8     GRANTS AND LOANS.  (a)  The commission shall administer a historic
 1-9     courthouse preservation program.
1-10           (b)  An owner of a historic courthouse who is a county or
1-11     nonprofit organization may apply to the commission for a grant or
1-12     loan for a historic courthouse project.  The commission by rule
1-13     shall determine the timing of and requirements for an application
1-14     for funding under the historic courthouse preservation program.
1-15           (c)  The commission may grant or, subject to Section
1-16     442.0083, loan money to a county or nonprofit organization that
1-17     owns a historic courthouse, for the purpose of preserving or
1-18     restoring the courthouse, if the owner's application meets the
1-19     standards of the historic courthouse preservation program.  In
1-20     considering whether to grant an application, the commission may
1-21     consider the preferences and factors listed in this section as well
1-22     as any other factors that it may provide by rule.
1-23           (d)  In considering whether to grant an application, the
1-24     commission may give preference to:
 2-1                 (1)  a proposed project to preserve or restore a
 2-2     courthouse that is owned by the county and functioning as a
 2-3     courthouse; and
 2-4                 (2)  an owner that will provide or has provided at
 2-5     least 15 percent of the project's costs, including:
 2-6                       (A)  in-kind contributions; and
 2-7                       (B)  previous expenditures for master planning
 2-8     and renovations on the courthouse that are the subject of the
 2-9     application.
2-10           (e)  The commission shall adopt rules regarding the way in
2-11     which it will consider the following factors in analyzing an
2-12     owner's contribution to project costs under Subsection (d)(2):
2-13                 (1)  the period during which past expenditures can be
2-14     considered;
2-15                 (2)  the amount of past expenditures that can be
2-16     considered;
2-17                 (3)  the owner's financial capacity to contribute; and
2-18                 (4)  the amount and type of in-kind contributions that
2-19     can be considered.
2-20           (f)  In considering whether to grant an application, the
2-21     commission may also consider the following factors:
2-22                 (1)  the amount of money available for a grant or loan
2-23     and the percentage of the costs that the owner will contribute;
2-24                 (2)  whether the owner will contribute any in-kind
2-25     contribution such as labor or materials;
2-26                 (3)  the cost to preserve or restore the courthouse;
2-27                 (4)  the architectural style of the courthouse;
 3-1                 (5)  the historic significance of the courthouse;
 3-2                 (6)  the owner's master preservation plan;
 3-3                 (7)  whether the owner is a county or nonprofit
 3-4     organization; and
 3-5                 (8)  any other factors that the commission by rule may
 3-6     provide.
 3-7           (g)  The commission, after considering any recommendations
 3-8     from the governor, lieutenant governor, or speaker of the house of
 3-9     representatives, shall appoint a Texas Courthouse Preservation
3-10     Program Advisory Committee.  The committee shall assist the
3-11     commission on matters relating to the historic courthouse
3-12     preservation program, receive input from the public about the
3-13     program, and perform additional functions assigned to it by
3-14     commission rule.  The commission may reimburse a committee member's
3-15     travel expenses and provide a per diem for other expenses from
3-16     funds appropriated to the commission, but not from funds in the
3-17     historic courthouse preservation fund account created by this
3-18     chapter.  Chapter 2110 applies to the committee.  The commission by
3-19     rule shall determine the qualifications for membership on the
3-20     committee.  The committee may include members such as:
3-21                 (1)  an elected county official;
3-22                 (2)  a member of a historical organization;
3-23                 (3)  a person with historical preservation knowledge
3-24     and experience; or
3-25                 (4)  a member of the general public.
3-26           (h)  The commission shall adopt rules necessary to implement
3-27     the historic courthouse preservation program.
 4-1           Sec. 442.0082.  HISTORIC COURTHOUSE PROJECT; REQUIREMENTS.
 4-2     (a)  Before incurring any expenses payable from funds received from
 4-3     the commission under the historic courthouse preservation program,
 4-4     an owner must have a master preservation plan for its historic
 4-5     courthouse project.  The commission by rule shall establish
 4-6     guidelines that set minimum standards for an owner's master
 4-7     preservation plan.
 4-8           (b)  An owner that receives money under the historic
 4-9     courthouse preservation program must use recognized preservation
4-10     standards for work on a historic courthouse project.  The
4-11     commission by rule shall establish standards that ensure the
4-12     quality of work performed on a historic courthouse project.
4-13           (c)  An owner that receives money under the historic
4-14     courthouse preservation program for a historic courthouse project
4-15     may use the money only for eligible preservation and restoration
4-16     expenses that the commission by rule shall prescribe.  Eligible
4-17     expenses may include costs for:
4-18                 (1)  structural, mechanical, electrical, and plumbing
4-19     systems and weather protection and emergency public safety issues
4-20     not covered by insurance;
4-21                 (2)  code and environmental compliance, including
4-22     complying with the federal Americans with Disabilities Act of 1990
4-23     and its subsequent amendments, Article 9102, Revised Statutes, and
4-24     other state laws relating to accessibility standards, hazardous
4-25     materials mitigation rules, and other similar concerns;
4-26                 (3)  replication of a missing architectural feature;
4-27                 (4)  removal of an inappropriate addition or
 5-1     modification;
 5-2                 (5)  restoration of a courtroom or other significant
 5-3     public space in a  functional and historically appropriate manner;
 5-4     and
 5-5                 (6)  alteration of the landscape to provide a more
 5-6     historically appropriate setting for the courthouse.
 5-7           (d)  An owner's expenditure of money received under this
 5-8     chapter for a historic courthouse project is subject to audit by
 5-9     the state auditor in accordance with Chapter 321.
5-10           (e)  The commission by rule shall provide for oversight
5-11     procedures on a project.  These rules shall provide for reasonable
5-12     inspections by the commission as well as periodic reports by an
5-13     owner on a project's progress.
5-14           Sec. 442.0083.  FUNDING FOR HISTORIC COURTHOUSE PRESERVATION
5-15     PROGRAM; HISTORIC COURTHOUSE PRESERVATION FUND ACCOUNT.  (a)  The
5-16     historic courthouse preservation fund account is a separate account
5-17     in the general revenue fund.  The account consists of transfers
5-18     made to the account, payments on loans made under the historic
5-19     courthouse preservation program, grants and donations made for the
5-20     purposes of the historic courthouse preservation program, and
5-21     income earned on investments of money in the account.
5-22     Appropriations to the commission for the historic courthouse
5-23     preservation program shall be credited to the account.  Payments on
5-24     loans made under the program and grants and donations to the
5-25     commission for the purpose of the program shall be deposited to the
5-26     credit of the account.  Notwithstanding Section 404.071, income
5-27     earned on money in the account shall be deposited to the credit of
 6-1     the account. Money in the account may only be appropriated for the
 6-2     purpose of the historic courthouse preservation program.
 6-3           (b)  Except as provided by Subsection (c), the commission may
 6-4     use money in the historic courthouse preservation fund account to
 6-5     provide a grant or loan to a county or nonprofit organization that
 6-6     owns a historic courthouse for a historic courthouse project.  The
 6-7     grant or loan may be in the amount and according to the terms that
 6-8     the commission by rule shall determine.
 6-9           (c)  The commission may use money in the historic courthouse
6-10     preservation fund account to provide a loan under the historic
6-11     courthouse preservation program only to the extent that the
6-12     legislature provides in the General Appropriations Act that money
6-13     appropriated to the commission for the program may be used to make
6-14     loans.
6-15           (d)  As a condition for providing the money under this
6-16     section, the commission may require creation of a conservation
6-17     easement in the property, as provided by Chapter 183, Natural
6-18     Resources Code, in favor of the state and may require creation of
6-19     other appropriate covenants in favor of the state.  The commission
6-20     may take any necessary action to enforce repayment of a loan or any
6-21     other agreements made under this section and Sections 442.0081 and
6-22     442.0082.
6-23           (e)  A grant for a historic courthouse project may not exceed
6-24     the greater of four million dollars or two percent of the amount
6-25     appropriated for implementing the historic courthouse preservation
6-26     program during the state fiscal biennium.
6-27           (f)  Biennial appropriations to the commission for
 7-1     administering the historic courthouse preservation program,
 7-2     including providing oversight for historic courthouse projects, may
 7-3     not exceed the greater of two million dollars or one percent of the
 7-4     amount appropriated for implementing the historic courthouse
 7-5     preservation program during the state fiscal biennium.
 7-6           (g)  The commission by rule may set a limit on the loan
 7-7     amount for a historic courthouse project.
 7-8           (h)  The commission may accept a gift, grant, or other
 7-9     donation for the historic courthouse preservation program or a
7-10     specific historic courthouse project.
7-11           SECTION 2.  Section 442.001, Government Code, is amended to
7-12     read as follows:
7-13           Sec. 442.001.  DEFINITIONS [DEFINITION].  In this chapter:
7-14                 (1)  "Historic courthouse" means a county courthouse
7-15     that is at least 50 years old.
7-16                 (2)  "Historic courthouse project" means a project to
7-17     preserve or restore a historic courthouse.
7-18                 (3)  "Historic[,"historic] structure" means a structure
7-19     that:
7-20                       (A) [(1)]  is included on the National Register
7-21     of Historic Places;
7-22                       (B) [(2)]  is designated as a Recorded Texas
7-23     Historic Landmark;
7-24                       (C) [(3)]  is designated as a State Archeological
7-25     Landmark;
7-26                       (D) [(4)]  is determined by the Texas Historical
7-27     Commission to qualify as eligible property under criteria for
 8-1     inclusion on the National Register of Historic Places or for
 8-2     designation as a Recorded Texas Historic Landmark or as a State
 8-3     Archeological Landmark;
 8-4                       (E) [(5)]  is certified by the Texas Historical
 8-5     Commission to other state agencies as worthy of preservation; or
 8-6                       (F) [(6)]  is designated by an ordinance of a
 8-7     municipality with a population of more than 1.5 million as
 8-8     historic.
 8-9           SECTION 3.  The section heading to Section 442.008,
8-10     Government Code, is amended to read as follows:
8-11           Sec. 442.008.  COUNTY [HISTORIC] COURTHOUSES.
8-12           SECTION 4.  (a)  This Act takes effect September 1, 1999.
8-13           (b)  Not later than November 1, 1999, the commission shall
8-14     adopt the rules required by Sections 442.0081, 442.0082, and
8-15     442.0083, Government Code, as added by this Act.
8-16           SECTION 5.  The importance of this legislation and the
8-17     crowded condition of the calendars in both houses create an
8-18     emergency and an imperative public necessity that the
8-19     constitutional rule requiring bills to be read on three several
8-20     days in each house be suspended, and this rule is hereby suspended.