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                                  * * * * *