1-1 By: Gallegos S.B. No. 1327
1-2 (In the Senate - Filed March 11, 1999; March 15, 1999, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 9, 1999, reported favorably by the following vote: Yeas 9,
1-5 Nays 0; April 9, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the powers and duties of the Texas Historical
1-9 Commission.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 442.005, Government Code, is amended by
1-12 adding Subsections (t) and (u) to read as follows:
1-13 (t) The commission shall promote heritage tourism by
1-14 assisting persons, including local governments, organizations, and
1-15 individuals, in the preservation, enhancement, and promotion of
1-16 heritage and cultural attractions in this state. The program must
1-17 include efforts to:
1-18 (1) raise the standards of heritage and cultural
1-19 attractions around this state;
1-20 (2) foster heritage preservation and education;
1-21 (3) encourage regional cooperation and promotion of
1-22 heritage and cultural attractions; and
1-23 (4) foster effective local tourism leadership and
1-24 organizational skills.
1-25 (u) The commission may:
1-26 (1) maintain the historic character of the sites and
1-27 structures entrusted to its care;
1-28 (2) use its resources to develop the historic sites
1-29 through promotional and educational activities, including the
1-30 purchase of items for resale or donation and the purchase of plants
1-31 and landscaping services; and
1-32 (3) accept advertisements in selected agency
1-33 publications, including print and electronic publications, at a
1-34 rate that offsets development and production costs.
1-35 SECTION 2. Subsections (b), (c), and (f), Section 442.015,
1-36 Government Code, are amended to read as follows:
1-37 (b) The commission may use money in the Texas preservation
1-38 trust fund account to provide financial assistance to public or
1-39 private entities for the acquisition, restoration, or preservation,
1-40 or for planning and educational activities leading to the
1-41 preservation, of historic property in the state that is listed in
1-42 the National Register of Historic Places or Recorded Texas Historic
1-43 Landmarks or that the commission determines is eligible for such a
1-44 listing. The financial assistance may be in the amount and form
1-45 and according to the terms that the commission by rule determines.
1-46 The commission shall give priority to property the commission
1-47 determines to be endangered by demolition, neglect, underuse, or
1-48 other threat to the property. Money deposited to the credit of the
1-49 account specifically for architectural projects or for
1-50 archeological projects may be used only for the type of projects
1-51 specified. If such a specification is not made, 90 percent of the
1-52 money shall be used for historic architectural projects and 10
1-53 percent shall be used for prehistoric and historic archeological
1-54 projects.
1-55 (c) As a condition of providing financial assistance under
1-56 this section, the commission shall require creation of a
1-57 preservation easement in the property, as provided by Chapter 183,
1-58 Natural Resources Code, in favor of the state or [and] shall
1-59 require creation of other appropriate covenants in favor of the
1-60 state. The commission may take any necessary action to enforce
1-61 repayment of a loan made under this section.
1-62 (f) [The commission may not provide financial assistance in
1-63 an amount over $20,000 for a project without the approval of the
1-64 advisory board.] The advisory board shall recommend to the
2-1 commission rules for administering this section.
2-2 SECTION 3. This Act takes effect September 1, 1999.
2-3 SECTION 4. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.
2-8 * * * * *