1-1 AN ACT
1-2 relating to the preservation of state and local historic property.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 318, Local Government Code, is amended by
1-5 amending Sections 318.002-318.010 and adding Sections 318.0101 and
1-6 318.0102 to read as follows:
1-7 Sec. 318.002. ESTABLISHMENT. The commissioners court of a
1-8 county may appoint a county historical commission for the purpose
1-9 of initiating and conducting programs suggested by the
1-10 commissioners court and the Texas Historical Commission for the
1-11 preservation of the county's historic cultural resources. Programs
1-12 suggested by the Texas Historical Commission must be consistent
1-13 with the statewide preservation plan. In suggesting programs, the
1-14 Texas Historical Commission shall consider the fiscal and human
1-15 resources the county has to conduct the programs [historical
1-16 heritage of the county].
1-17 Sec. 318.003. COMPOSITION; TERM. (a) The commission must be
1-18 composed of at least seven residents of the county. Members of the
1-19 commission must be individuals who broadly reflect the age, ethnic,
1-20 and geographic diversity of the county.
1-21 (b) The members of the commission shall be appointed during
1-22 the month of January of odd-numbered years and are appointed for a
1-23 term of two years. The commissioners court shall fill a vacancy on
1-24 the commission for the remainder of the unexpired term.
2-1 (c) Each commission member must have an interest in historic
2-2 preservation and an understanding of local history and resources.
2-3 (d) The commissioners court shall provide to the Texas
2-4 Historical Commission a list of appointed members and the mailing
2-5 address of each member.
2-6 Sec. 318.004. APPOINTMENT BY STATE. If the commissioners
2-7 court fails to appoint a commission by April 1 of each odd-numbered
2-8 year, the Texas Historical Commission may appoint the commission
2-9 after 30 days' written notice to the commissioners court of its
2-10 intention to do so. The county judge shall serve as commission
2-11 chair during any interim period.
2-12 Sec. 318.005. MEETINGS. (a) The commission shall meet at
2-13 least four times [once] each year [at the county seat] and may meet
2-14 as often as the commission may determine under rules adopted by it
2-15 for its own regulation.
2-16 (b) All meetings of the commission shall be conducted in
2-17 accordance with the open meetings law, Chapter 551, Government
2-18 Code.
2-19 Sec. 318.006. RESOURCE IDENTIFICATION [CONTINUING SURVEY;
2-20 COUNTY REGISTER]. (a) The commission should [shall] institute and
2-21 carry out a continuing survey of the county to determine the
2-22 existence of historic [historical] buildings and other historical
2-23 and archeological sites, private archeological collections,
2-24 important endangered properties [of historical memorabilia], or
2-25 other historical features within the county, and should [shall]
2-26 report the data collected to the commissioners court and the Texas
2-27 Historical Commission.
3-1 (b) The commission should develop and maintain its inventory
3-2 of surveyed individual properties and districts in accordance with
3-3 standards established by the Texas Historical Commission [shall
3-4 compile the data in a county register of historical places and
3-5 memorabilia].
3-6 (c) The commission should establish a system for the
3-7 periodic review and assessment of the condition of designated
3-8 properties in the county, including Recorded Texas Historic
3-9 Landmarks, State Archeological Landmarks, and individual historic
3-10 properties or districts listed in the National Register of Historic
3-11 Places. The commission should report the results of the review and
3-12 assessment to the Texas Historical Commission.
3-13 Sec. 318.007. EDUCATION [HISTORICAL TRAIL]. The commission
3-14 should strive to create countywide awareness and appreciation of
3-15 historic preservation and its benefits and uses [, with the
3-16 approval of the commissioners court, may designate as a historical
3-17 trail any road or highway route that links historical sites in the
3-18 county and may designate certain areas of the county as special
3-19 areas of historical interest].
3-20 Sec. 318.008. REPORTS AND RECOMMENDATIONS. (a) In order to
3-21 inform the commissioners court and the Texas Historical Commission
3-22 of the commission's needs and programs, the [The] commission shall
3-23 make an annual report of its activities and recommendations
3-24 [simultaneously] to the commissioners court and to the Texas
3-25 Historical Commission before the end of each calendar year. The
3-26 commission may make as many other reports and recommendations as it
3-27 sees fit.
4-1 (b) The commission shall make recommendations to the
4-2 commissioners court and the Texas Historical Commission concerning
4-3 the acquisition and designation of property, real or personal, that
4-4 is of historical or archeological significance.
4-5 Sec. 318.009. FISCAL AND HUMAN RESOURCES [EXPENSES]. (a) The
4-6 commissioners court may pay the necessary expenses of the
4-7 commission.
4-8 (b) The commissioners court may make agreements with
4-9 governmental agencies or private organizations and may appropriate
4-10 funds from the general fund of the county for the purpose of:
4-11 (1) erecting historical markers and monuments;
4-12 (2) purchasing objects and collections of objects that
4-13 are historically significant to the county;
4-14 (3) preparing, publishing, and disseminating, by sale
4-15 or otherwise, a history of the county;
4-16 (4) hiring professional staff and consultants;
4-17 (5) providing matching funds for grants; and
4-18 (6) funding other programs or activities as suggested
4-19 by the Texas Historical Commission and the commissioners court.
4-20 (c) The Texas Historical Commission may make grants
4-21 available to the commission, subject to the budgetary authority and
4-22 approval of the commissioners court, to carry out the purposes of
4-23 this chapter.
4-24 Sec. 318.010. RESOURCE INTERPRETATION [OPERATION OF MUSEUM].
4-25 (a) The commission shall review applications for Official Texas
4-26 Historical Markers to determine the accuracy, appropriateness, and
4-27 completeness of the application.
5-1 (b) The commission should establish a system for the
5-2 periodic review, assessment, and maintenance of Official Texas
5-3 Historical Markers in the county.
5-4 (c) The commission should work to promote historic and
5-5 cultural sites in the county to develop and sustain heritage
5-6 tourism.
5-7 (d) The commission may:
5-8 (1) operate and manage any museum owned or leased by
5-9 the county;
5-10 (2) acquire artifacts and other museum collections
5-11 [paraphernalia] in the name of the museum or the commission; and
5-12 (3) supervise any employees hired by the commissioners
5-13 court to operate the museum.
5-14 (e) In operating museums, the commission shall adhere to
5-15 professional standards in the care, collection, management, and
5-16 interpretation of artifacts.
5-17 Sec. 318.0101. PLANNING. The commission should work in
5-18 partnership with other preservation entities in the county to
5-19 prepare a plan for the preservation of the county's historic and
5-20 cultural resources. The commission should use the Texas Historical
5-21 Commission's statewide preservation plan for guidance.
5-22 Sec. 318.0102. LEADERSHIP AND TRAINING. (a) The Texas
5-23 Historical Commission shall make orientation materials and training
5-24 available to all county historical commissions.
5-25 (b) The commission should strive to be represented at
5-26 informational or educational meetings sponsored by the Texas
5-27 Historical Commission at least twice each year.
6-1 (c) The commission, with assistance from the Texas
6-2 Historical Commission, shall carry out board and volunteer
6-3 training.
6-4 SECTION 2. Section 442.005, Government Code, is amended by
6-5 adding Subsection (v) to read as follows:
6-6 (v) The commission may accept a gift of real property,
6-7 whether of historical value or not. When the gift is received, the
6-8 commission may:
6-9 (1) arrange for the preservation, maintenance, and
6-10 public exhibition of the property; or
6-11 (2) at the commission's discretion, sell the property
6-12 at fair market value and use the proceeds to carry out any purpose
6-13 of this chapter.
6-14 SECTION 3. Section 442.0145(a), Government Code, is amended
6-15 to read as follows:
6-16 (a) The commission shall administer a program to assist
6-17 municipalities, counties, museums, and county historical
6-18 commissions with:
6-19 (1) the development or improvement of museum
6-20 facilities used to display historical artifacts discovered in Texas
6-21 that are significant in Texas or American history; and
6-22 (2) the acquisition of historical artifacts discovered
6-23 in Texas that are significant in Texas or American history.
6-24 SECTION 4. Sections 442.015(b), (c), and (d), Government
6-25 Code, are amended to read as follows:
6-26 (b) The commission may use money in the Texas preservation
6-27 trust fund account to provide financial assistance to public or
7-1 private entities for the acquisition, survey, restoration, or
7-2 preservation, or for planning and educational activities leading to
7-3 the preservation, of historic property in the state that is listed
7-4 in the National Register of Historic Places or designated as a
7-5 State Archeological Landmark or Recorded Texas Historic Landmark,
7-6 [Landmarks] or that the commission determines is eligible for such
7-7 [a] listing or designation. The financial assistance may be in the
7-8 amount and form and according to the terms that the commission by
7-9 rule determines. The commission shall give priority to property
7-10 the commission determines to be endangered by demolition, neglect,
7-11 underuse, looting, vandalism, or other threat to the property.
7-12 Money deposited to the credit of the account specifically for any
7-13 eligible [architectural] projects [or for archeological projects]
7-14 may be used only for the type of projects specified. If such a
7-15 specification is not made, [90 percent of] the money shall be
7-16 unencumbered and accrue to the benefit of the Texas preservation
7-17 trust fund account [used for historic architectural projects and 10
7-18 percent shall be used for prehistoric and historic archeological
7-19 projects].
7-20 (c) As a condition of providing financial assistance under
7-21 this section, the commission shall require the creation of a
7-22 preservation easement in the property, as provided by Chapter 183,
7-23 Natural Resources Code, in favor of the state, the designation of
7-24 the property as a State Archeological Landmark, as provided by
7-25 Chapter 191, Natural Resources Code, or the [shall require]
7-26 creation of other appropriate covenants in favor of the state. The
7-27 commission may take any necessary action to enforce repayment of a
8-1 loan made under this section.
8-2 (d) The commission, after considering the recommendations of
8-3 the governor, lieutenant governor, and speaker of the house of
8-4 representatives, shall appoint an advisory board composed of:
8-5 (1) one representative of a bank or savings and loan
8-6 association;
8-7 (2) one attorney with a recognized background in
8-8 historic preservation;
8-9 (3) two architects with substantial experience in
8-10 historic preservation;
8-11 (4) two archeologists [one archeologist] with
8-12 substantial experience in Texas archeology;
8-13 (5) one real estate professional with experience in
8-14 historic preservation;
8-15 (6) two persons with demonstrated commitment to
8-16 historic preservation; and
8-17 (7) two directors [one director] of [a] nonprofit
8-18 historic preservation organizations [organization].
8-19 SECTION 5. Chapter 442, Government Code, is amended by
8-20 adding Section 442.017 to read as follows:
8-21 Sec. 442.017. IDENTIFICATION AND PRESERVATION OF ABANDONED
8-22 CEMETERIES. (a) The commission should establish a program to
8-23 identify and preserve abandoned cemeteries across the state.
8-24 (b) The commission is encouraged to use volunteers to the
8-25 maximum extent possible to implement the program and to model the
8-26 program to the extent appropriate on the "Adopt-A-Beach" program
8-27 conducted by the General Land Office.
9-1 (c) The commission may accept gifts, grants, and in-kind
9-2 donations from public and private entities for the implementation
9-3 of the program. The legislature may appropriate money to the
9-4 commission to implement the program.
9-5 (d) The commission may adopt rules reasonably necessary to
9-6 implement the program.
9-7 SECTION 6. Chapter 442, Government Code, is amended by adding
9-8 Section 442.018 to read as follows:
9-9 Sec. 442.018. IDENTIFICATION AND PRESERVATION OF TEXAS
9-10 UNDERGROUND RAILROAD HISTORICAL SITES. (a) The commission should
9-11 establish a program to identify and preserve Texas Underground
9-12 Railroad Historical Sites.
9-13 (b) The commission is encouraged to use volunteers to the
9-14 maximum extent possible to implement the program and to model the
9-15 program to the extent appropriate on the "Adopt-A-Beach" program
9-16 conducted by the General Land Office.
9-17 (c) The commission may accept gifts, grants, and in-kind
9-18 donations from public and private entities for the implementation
9-19 of the program. The legislature may appropriate money to the
9-20 commission to implement the program.
9-21 (d) The commission may adopt rules reasonably necessary to
9-22 implement the program.
9-23 SECTION 7. Subchapter K, Chapter 2166, Government Code, is
9-24 amended by adding Section 2166.5011 to read as follows:
9-25 Sec. 2166.5011. REMOVAL, RELOCATION, OR ALTERATION OF A
9-26 MONUMENT OR MEMORIAL. (a) In this section, "monument or memorial"
9-27 means a permanent monument, memorial, or other designation,
10-1 including a statue, portrait, plaque, seal, symbol, building name,
10-2 or street name, that:
10-3 (1) is located on state property; and
10-4 (2) honors a citizen of this state for military or
10-5 war-related service.
10-6 (b) Notwithstanding any other provision of this code, a
10-7 monument or memorial may be removed, relocated, or altered only:
10-8 (1) by the legislature;
10-9 (2) by the Texas Historical Commission;
10-10 (3) by the State Preservation Board; or
10-11 (4) as provided by Subsection (c).
10-12 (c) A monument or memorial may be removed, relocated, or
10-13 altered in a manner otherwise provided by this code as necessary to
10-14 accommodate construction, repair, or improvements to the monument
10-15 or memorial or to the surrounding state property on which the
10-16 monument or memorial is located. Any monument or memorial that is
10-17 permanently removed under this subsection must be relocated to a
10-18 prominent location.
10-19 SECTION 8. Section 318.011, Local Government Code, is
10-20 repealed.
10-21 SECTION 9. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 10 was passed by the House on April
18, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 10 on May 15, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 10 was passed by the Senate, with
amendments, on May 10, 2001, by the following vote: Yeas 29, Nays
0, 1 present not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor