1-1     By:  Fraser, Lindsay                                   S.B. No. 728
 1-2           (In the Senate - Filed February 26, 1999; March 1, 1999, read
 1-3     first time and referred to Committee on Finance; March 15, 1999,
 1-4     reported favorably, as amended, by the following vote:  Yeas 11,
 1-5     Nays 0; March 15, 1999, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                               By:  Fraser
 1-7     Amend S.B. No. 728 as follows:
 1-8           On page 3, line 42 through page 3, line 47, strike Subsection
 1-9     (f) and replace with the following language:
1-10           (f)  The commission may use an amount not to exceed one
1-11     percent of biennial appropriations for the historic courthouse
1-12     preservation program for administration, oversight, and
1-13     implementation of the program.
1-14                            A BILL TO BE ENTITLED
1-15                                   AN ACT
1-16     relating to implementation of a Texas historic courthouse
1-17     preservation program.
1-18           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-19           SECTION 1.  Chapter 442, Government Code, is amended by
1-20     adding Sections 442.0081 through 442.0083 to read as follows:
1-21           Sec. 442.0081.  HISTORIC COURTHOUSE PRESERVATION PROGRAM;
1-22     GRANTS AND LOANS.  (a)  The commission shall administer a historic
1-23     courthouse preservation program.
1-24           (b)  An owner of a historic courthouse that is a county or
1-25     nonprofit organization may apply to the commission for a grant or
1-26     loan for a historic courthouse project.  The commission by rule
1-27     shall determine the timing of and requirements for an application
1-28     for funding under the historic courthouse preservation program.
1-29           (c)  The commission may grant or, subject to Section
1-30     442.0083, loan money to a county or nonprofit organization that
1-31     owns a historic courthouse for the purpose of preserving or
1-32     restoring the courthouse if the owner's application meets the
1-33     standards of the historic courthouse preservation program.  In
1-34     considering whether to grant an application, the commission may
1-35     consider the preferences and factors listed in this section as well
1-36     as any other factors that it may provide by rule.
1-37           (d)  In considering whether to grant an application, the
1-38     commission may give preference to:
1-39                 (1)  a proposed project to preserve or restore a
1-40     courthouse that is owned by the county and functioning as a
1-41     courthouse; and
1-42                 (2)  an owner that will provide or has provided at
1-43     least 15 percent of the project's costs, including:
1-44                       (A)  in-kind contributions; and
1-45                       (B)  previous expenditures for master planning
1-46     and renovations on the courthouse that are the subject of the
1-47     application.
1-48           (e)  The commission shall adopt rules regarding the way in
1-49     which it will consider the following factors in analyzing an
1-50     owner's contribution to project costs under Subsection (d)(2):
1-51                 (1)  the period during which past expenditures can be
1-52     considered;
1-53                 (2)  the amount of past expenditures that can be
1-54     considered;
1-55                 (3)  the owner's financial capacity to contribute; and
1-56                 (4)  the amount and type of in-kind contributions that
1-57     can be considered.
1-58           (f)  In considering whether to grant an application, the
1-59     commission may also consider the following factors:
1-60                 (1)  the amount of money available for a grant or loan
1-61     and the percentage of the costs that the owner will contribute;
1-62                 (2)  whether the owner will contribute any in-kind
1-63     contribution such as labor or materials;
 2-1                 (3)  the cost to preserve or restore the courthouse;
 2-2                 (4)  the architectural style of the courthouse;
 2-3                 (5)  the historic significance of the courthouse;
 2-4                 (6)  the owner's master preservation plan;
 2-5                 (7)  whether the owner is a county or nonprofit
 2-6     organization; and
 2-7                 (8)  any other factors that the commission by rule may
 2-8     provide.
 2-9           (g)  The commission, after considering any recommendations
2-10     from the governor, lieutenant governor, or speaker of the house of
2-11     representatives, shall appoint a Texas Courthouse Preservation
2-12     Program Advisory Committee.  The committee shall assist the
2-13     commission on matters relating to the historic courthouse
2-14     preservation program, receive input from the public about the
2-15     program, and perform additional functions assigned to it by
2-16     commission rule.  The commission may reimburse a committee member's
2-17     travel expenses and provide a per diem for other expenses from
2-18     funds appropriated to the commission, but not from funds in the
2-19     historic courthouse preservation fund account created by this
2-20     chapter.  Chapter 2110 applies to the committee.  The commission by
2-21     rule shall determine the qualifications for membership on the
2-22     committee.  The committee may include members such as:
2-23                 (1)  an elected county official;
2-24                 (2)  a member of a historical organization;
2-25                 (3)  a person with historical preservation knowledge
2-26     and experience; or
2-27                 (4)  a member of the general public.
2-28           (h)  The commission shall adopt rules necessary to implement
2-29     the historic courthouse preservation program.
2-30           Sec. 442.0082.  HISTORIC COURTHOUSE PROJECT; REQUIREMENTS.
2-31     (a)  Before incurring any expenses payable from funds received from
2-32     the commission under the historic courthouse preservation program,
2-33     an owner must have a master preservation plan for its historic
2-34     courthouse project.  The commission by rule shall establish
2-35     guidelines that set minimum standards for an owner's master
2-36     preservation plan.
2-37           (b)  An owner that receives money under the historic
2-38     courthouse preservation program must use recognized preservation
2-39     standards for work on a historic courthouse project.  The
2-40     commission by rule shall establish standards that ensure the
2-41     quality of work performed on a historic courthouse project.
2-42           (c)  An owner that receives money under the historic
2-43     courthouse preservation program for a historic courthouse project
2-44     may use the money only for eligible preservation and restoration
2-45     expenses that the commission by rule shall prescribe.  Eligible
2-46     expenses may include costs for:
2-47                 (1)  structural, mechanical, electrical, and plumbing
2-48     systems and weather protection and emergency public safety issues
2-49     not covered by insurance;
2-50                 (2)  code and environmental compliance, including
2-51     complying with the federal Americans with Disabilities Act of 1990
2-52     (42 U.S.C. Section 12101 et seq.) and its subsequent amendments,
2-53     and with Article 9102, Revised Statutes, and other state laws
2-54     relating to accessibility standards, hazardous materials mitigation
2-55     rules, and other similar concerns;
2-56                 (3)  replication of a missing architectural feature;
2-57                 (4)  removal of an inappropriate addition or
2-58     modification;
2-59                 (5)  restoration of a courtroom or other significant
2-60     public space in a  functional and historically appropriate manner;
2-61     and
2-62                 (6)  alteration of the landscape to provide a more
2-63     historically appropriate setting for the courthouse.
2-64           (d)  An owner's expenditure of money received under this
2-65     chapter for a historic courthouse project is subject to audit by
2-66     the state auditor in accordance with Chapter 321.
2-67           (e)  The commission by rule shall provide for oversight
2-68     procedures on a project.  These rules shall provide for reasonable
2-69     inspections by the commission as well as periodic reports by an
 3-1     owner on a project's progress.
 3-2           Sec. 442.0083.  FUNDING FOR HISTORIC COURTHOUSE PRESERVATION
 3-3     PROGRAM; HISTORIC COURTHOUSE PRESERVATION FUND ACCOUNT.  (a)  The
 3-4     historic courthouse preservation fund account is a separate account
 3-5     in the general revenue fund.  The account consists of transfers
 3-6     made to the account, payments on loans made under the historic
 3-7     courthouse preservation program, grants and donations made for the
 3-8     purposes of the historic courthouse preservation program, and
 3-9     income earned on investments of money in the account.
3-10     Appropriations to the commission for the historic courthouse
3-11     preservation program shall be credited to the account.  Payments on
3-12     loans made under the program and grants and donations to the
3-13     commission for the purpose of the program shall be deposited to the
3-14     credit of the account.  Notwithstanding Section 404.071, income
3-15     earned on money in the account shall be deposited to the credit of
3-16     the account.  Money in the account may only be appropriated for the
3-17     purpose of the historic courthouse preservation program.
3-18           (b)  Except as provided by Subsection (c), the commission may
3-19     use money in the historic courthouse preservation fund account to
3-20     provide a grant or loan to a county or nonprofit organization that
3-21     owns a historic courthouse for a historic courthouse project.  The
3-22     grant or loan may be in the amount and according to the terms that
3-23     the commission by rule shall determine.
3-24           (c)  The commission may use money in the historic courthouse
3-25     preservation fund account to provide a loan under the historic
3-26     courthouse preservation program only to the extent that the
3-27     legislature provides in the General Appropriations Act that money
3-28     appropriated to the commission for the program may be used to make
3-29     loans.
3-30           (d)  As a condition for providing the money under this
3-31     section, the commission may require creation of a conservation
3-32     easement in the property, as provided by Chapter 183, Natural
3-33     Resources Code, in favor of the state and may require creation of
3-34     other appropriate covenants in favor of the state.  The commission
3-35     may take any necessary action to enforce repayment of a loan or any
3-36     other agreements made under this section and Sections 442.0081 and
3-37     442.0082.
3-38           (e)  A grant for a historic courthouse project may not exceed
3-39     the greater of four million dollars or two percent of the amount
3-40     appropriated for implementing the historic courthouse preservation
3-41     program during the state fiscal biennium.
3-42           (f)  Biennial appropriations to the commission for
3-43     administering the historic courthouse preservation program,
3-44     including providing oversight for historic courthouse projects, may
3-45     not exceed the greater of two million dollars or one percent of the
3-46     amount appropriated for implementing the historic courthouse
3-47     preservation program during the state fiscal biennium.
3-48           (g)  The commission by rule may set a limit on the loan
3-49     amount for a historic courthouse project.
3-50           (h)  The commission may accept a gift, grant, or other
3-51     donation for the historic courthouse preservation program or a
3-52     specific historic courthouse project.
3-53           SECTION 2.  Section 442.001, Government Code, is amended to
3-54     read as follows:
3-55           Sec. 442.001.  DEFINITIONS [DEFINITION].  In this chapter:
3-56                 (1)  "Historic courthouse" means a county courthouse
3-57     that is at least 50 years old.
3-58                 (2)  "Historic courthouse project" means a project to
3-59     preserve or restore a historic courthouse.
3-60                 (3)  "Historic[,"historic] structure" means a structure
3-61     that:
3-62                       (A) [(1)]  is included on the National Register
3-63     of Historic Places;
3-64                       (B) [(2)]  is designated as a Recorded Texas
3-65     Historic Landmark;
3-66                       (C) [(3)]  is designated as a State Archeological
3-67     Landmark;
3-68                       (D) [(4)]  is determined by the Texas Historical
3-69     Commission to qualify as eligible property under criteria for
 4-1     inclusion on the National Register of Historic Places or for
 4-2     designation as a Recorded Texas Historic Landmark or as a State
 4-3     Archeological Landmark;
 4-4                       (E) [(5)]  is certified by the Texas Historical
 4-5     Commission to other state agencies as worthy of preservation; or
 4-6                       (F) [(6)]  is designated by an ordinance of a
 4-7     municipality with a population of more than 1.5 million as
 4-8     historic.
 4-9           SECTION 3.  The section heading to Section 442.008,
4-10     Government Code, is amended to read as follows:
4-11           Sec. 442.008.  COUNTY [HISTORIC] COURTHOUSES.
4-12           SECTION 4.  (a)  This Act takes effect September 1, 1999.
4-13           (b)  Not later than November 1, 1999, the Texas Historical
4-14     Commission shall adopt the rules required by Sections 442.0081,
4-15     442.0082, and 442.0083, Government Code, as added by this Act.
4-16           SECTION 5.  The importance of this legislation and the
4-17     crowded condition of the calendars in both houses create an
4-18     emergency and an imperative public necessity that the
4-19     constitutional rule requiring bills to be read on three several
4-20     days in each house be suspended, and this rule is hereby suspended.
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