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
1-48 (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
1-53 (2) the amount of past expenditures that can be
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
2-9 (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
2-59 (5) restoration of a courtroom or other significant
2-60 public space in a functional and historically appropriate manner;
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
3-30 (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
3-38 (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
3-62 (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
3-68 (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
4-9 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.
4-21 * * * * *