SRC-JEC C.S.H.B. 10 77(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 10
77R14466 MCK-DBy: Telford (Lindsay)
Intergovernmental Relations
5/2/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, certain provisions relating to the Texas Historical Commission
(THC) and county historical commissions require clarification in order to
improve coordination between THC and the various county commissions and
more effectively preserve the historic cultural resources of Texas.
C.S.H.B. 10 clarifies the relationship between THC and county historical
commissions.   


RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Historical
Commission in SECTION 5 (Section 442.017, Government Code) and SECTION 6
(Section 442.018, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 318, Local Government Code, by amending Sections
318.002318.010 and adding Sections 318.0101 and 318.0102, as follows:   

Sec. 318.002.  Authorizes the commissioners court of a county to appoint a
county historical commission (commission) for the purpose of initiating and
conducting programs suggested by the commissioners court and the Texas
Historical Commission (THC)  for the preservation of the county's historic
cultural resources, rather than the historical heritage of the county.
Requires programs suggested by THC to be consistent with the statewide
preservation plan. Requires THC, in suggesting programs, to consider the
fiscal and human resources the county has to conduct the programs.   

Sec. 318.003.  Requires members of the commission to be individuals who
broadly reflect the age, ethnic, and geographic diversity of the county.
Requires the commissioners court to fill a vacancy on the commission for
the remainder of the unexpired term.  Requires each commission member to
have an interest in historic preservation and an understanding of local
history and resources.  Requires the commissioners court to provide to THC
a list of appointed members and the mailing address of each member. 

Sec. 318.004.  Requires the county judge to serve as commission chair
during any interim period. 

Sec. 318.005.  Requires the commission to meet at least four times, rather
than once, each year.  Deletes language requiring the commission to meet at
the county seat.  Requires all meetings of the commission to be conducted
in accordance with the open meetings law, Chapter 551, Government Code. 

Sec. 318.006.  New heading: RESOURCE IDENTIFICATION.  Provides that the
commission should, rather than shall, institute and carry out a continuing
survey of the county to determine the existence of historic buildings and
other historical and archeological sites, private archeological
collections, important endangered properties, or other historical features
within  the county, and should, rather than shall, report the data
collected to the commissioners court and THC.  Provides that the commission
should develop and maintain its inventory of surveyed individual properties
and districts in accordance with standards established by THC.  Deletes
text regarding compiling reported data in a county register.  Provides that
the commission should establish a system for the periodic review and
assessment of the condition of designated properties in the county,
including certain stated properties.  Provides that the commission should
report the results of the review and assessment to THC. 

Sec. 318.007.  New heading:  EDUCATION.  Provides that the commission
should strive to create countywide awareness and appreciation of historic
preservation and its benefits and uses.  Deletes text regarding the
commission designating historical trails, roads, or highways. 

Sec. 318.008.  Requires the commission, in order to inform the
commissioners court and  THC of the commission's needs and programs, to
make an annual report of its activities and recommendations to the
commissioners court and to THC before the end of each calendar year.
Requires the commission to make recommendations to the commissioners court
and THC concerning the acquisition and designation of property, real or
personal, that is of historical or archeological significance. 

Sec. 318.009.  New heading:  FISCAL AND HUMAN RESOURCES.  Authorizes the
commissioners court to make agreements with governmental agencies or
private organizations and to appropriate funds from the general fund of the
county for certain purposes.  Authorizes THC to make grants available to
the commission, subject to the budgetary authority and approval of the
commissioners court, to carry out the purposes of this chapter. 

Sec. 318.010.  New heading:  RESOURCE INTERPRETATION.  Requires the
commission to review applications for Official Texas Historical Markers to
determine the accuracy, appropriateness, and completeness of the
application.  Provides that the commission should establish a system for
the periodic review, assessment, and maintenance of Official Texas
Historical Makers in the county.  Provides that the commission should work
to promote historic and cultural sites in the county to develop and sustain
heritage tourism.  Authorizes the commission to perform certain functions.
Requires the commission, in operating museums, to adhere to professional
standards in the care, collection, management, and interpretation of
artifacts. 

Sec. 318.0101.  PLANNING.  Provides that the commission should work in
partnership with other preservation entities in the county to prepare a
plan for the preservation of the county's historic and cultural resources.
Provides that the commission should use THC's statewide preservation plan
for guidance. 

Sec.  318.0102.  LEADERSHIP AND TRAINING.  Requires THC to make orientation
materials and training available to all county historical commissions.
Provides that the commission should strive to be represented at
informational or educational meetings sponsored by THC at least twice each
year.  Requires the commission, with assistance from THC, to carry out
board and volunteer training. 

SECTION 2.  Amends Section 442.005, Government Code, by adding Subsection
(v), to authorize THC to accept a gift of real property, whether of
historical value or not.  Sets forth guidelines concerning such an
occurrence. 

SECTION 3.  Amends Section 442.0145(a), Government Code, to require THC to
administer a program to assist municipalities, counties, museums, and
county historical commissions with the acquisition of historical artifacts
discovered in Texas that are significant in Texas or American history. 

SECTION 4.  Amends Sections 442.015(b) , (c), and (d), Government Code, as
follows: 
 
(b) Authorizes THC to use money in the Texas preservation trust fund
account for certain stated purposes.  Requires THC to give priority to
certain types of property. Authorizes money deposited to the credit of the
account specifically for any eligible projects to be used only for the type
of projects specified.  Deletes text regarding architectural or
archeological projects.  Requires the money, if such a specification is not
made, to be unencumbered and accrue to the benefit of the Texas
preservation trust fund account.  Deletes text requiring 90 percent of the
money to be used for certain projects and 10 percent to be used for certain
other projects. 

(c) Requires THC, as a condition of providing financial assistance under
this section, to require the creation of a preservation easement in the
property, as provided by Chapter 183 (Conservation Easements), Natural
Resources Code, in favor of the state, the designation of the property as a
State Archeological Landmark, as provided by Chapter 191 (Antiquities
Code), Natural Resources Code, or the creation of other appropriate
covenants in favor of the state. 
  
(d) Requires THC, after considering the recommendations of the governor,
lieutenant governor, and speaker of the house of representatives, to
appoint an advisory board composed of certain members. 

SECTION 5.  Amends Chapter 442, Government Code, by adding Section 442.017,
as follows: 

Sec.  442.017.  IDENTIFICATION AND PRESERVATION OF ABANDONED CEMETERIES.
Provides that THC should establish a program to identify and preserve
abandoned cemeteries across the state.  Provides that THC is encouraged to
use volunteers to the maximum extent possible to implement the program and
to model the program to the extent appropriate on the "Adopt-A-Beach"
program conducted by the General Land Office. Authorizes THC to accept
gifts, grants, and in-kind donations from public and private entities for
the implementation of the program.  Authorizes the legislature to
appropriate money to THC to implement the program.  Authorizes THC to adopt
rules reasonably necessary to implement the program. 

SECTION 6.  Amends Chapter 442, Government Code, by adding Section 442.018,
as follows: 

Sec. 442.018.  IDENTIFICATION AND PRESERVATION OF TEXAS UNDERGROUND
RAILROAD HISTORICAL SITES.  Provides that THC should establish a program to
identify and preserve Texas Underground Railroad Historical Sites.
Encourages THC to use volunteers to the maximum extent possible to
implement the program and to model the program to the extent appropriate on
the "Adopt-A-Beach" program conducted by the General Land Office.
Authorizes THC to accept gifts, grants, and in-kind donations from public
and private entities for the implementation of the program.  Authorizes the
legislature to appropriate money to the commission to implement the
program.  Authorizes THC to adopt rules reasonably necessary to implement
the program. 

SECTION 7.  Amends Chapter 2166K, Government Code, by adding Subsection
2166.5011, as follows: 

Sec. 2166.5011.  REMOVAL, RELOCATION, OR ALTERATION OF A MONUMENT OR
MEMORIAL.  (a) Defines "monument or memorial." 

(b) Provides that a monument or memorial may be removed, relocated, or
altered only by certain entities. 

(c) Provides that a monument or memorial may be removed, relocated, or
altered in a  manner otherwise provided by this code as necessary to
accommodate construction, repair, or improvements to the monument or
memorial or to the surrounding state property on which the monument or
memorial is located.  Requires any monument or memorial that is permanently
removed under this subsection to be relocated to a prominent location. 

SECTION 8.  Repealer: Section 318.011 (Markers; Collections; County
History), Local Government Code.   

SECTION 9.  Effective date: September 1, 2001.


SUMMARY OF COMMITTEE CHANGES

Differs from the original by adding the provisions proposed in SECTION 7
and redesignating previous SECTIONS 7 and 8 as SECTIONS 8 and 9.