By Gallegos S.B. No. 1327
76R3729 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers and duties of the Texas Historical
1-3 Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 442.005, Government Code, is amended by
1-6 adding Subsections (t) and (u) to read as follows:
1-7 (t) The commission shall promote heritage tourism by
1-8 assisting persons, including local governments, organizations, and
1-9 individuals, in the preservation, enhancement, and promotion of
1-10 heritage and cultural attractions in this state. The program must
1-11 include efforts to:
1-12 (1) raise the standards of heritage and cultural
1-13 attractions around this state;
1-14 (2) foster heritage preservation and education;
1-15 (3) encourage regional cooperation and promotion of
1-16 heritage and cultural attractions; and
1-17 (4) foster effective local tourism leadership and
1-18 organizational skills.
1-19 (u) The commission may:
1-20 (1) maintain the historic character of the sites and
1-21 structures entrusted to its care;
1-22 (2) use its resources to develop the historic sites
1-23 through promotional and educational activities, including the
1-24 purchase of items for resale or donation and the purchase of plants
2-1 and landscaping services; and
2-2 (3) accept advertisements in selected agency
2-3 publications, including print and electronic publications, at a
2-4 rate that offsets development and production costs.
2-5 SECTION 2. Sections 442.015(b), (c), and (f), Government
2-6 Code, are amended to read as follows:
2-7 (b) The commission may use money in the Texas preservation
2-8 trust fund account to provide financial assistance to public or
2-9 private entities for the acquisition, restoration, or preservation,
2-10 or for planning and educational activities leading to the
2-11 preservation, of historic property in the state that is listed in
2-12 the National Register of Historic Places or Recorded Texas
2-13 Historic Landmarks or that the commission determines is eligible
2-14 for such a listing. The financial assistance may be in the amount
2-15 and form and according to the terms that the commission by rule
2-16 determines. The commission shall give priority to property the
2-17 commission determines to be endangered by demolition, neglect,
2-18 underuse, or other threat to the property. Money deposited to the
2-19 credit of the account specifically for architectural projects or
2-20 for archeological projects may be used only for the type of
2-21 projects specified. If such a specification is not made, 90
2-22 percent of the money shall be used for historic architectural
2-23 projects and 10 percent shall be used for prehistoric and historic
2-24 archeological projects.
2-25 (c) As a condition of providing financial assistance under
2-26 this section, the commission shall require creation of a
2-27 preservation easement in the property, as provided by Chapter 183,
3-1 Natural Resources Code, in favor of the state or [and] shall
3-2 require creation of other appropriate covenants in favor of the
3-3 state. The commission may take any necessary action to enforce
3-4 repayment of a loan made under this section.
3-5 (f) [The commission may not provide financial assistance in
3-6 an amount over $20,000 for a project without the approval of the
3-7 advisory board.] The advisory board shall recommend to the
3-8 commission rules for administering this section.
3-9 SECTION 3. This Act takes effect September 1, 1999.
3-10 SECTION 4. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.