1-1     By:  Telford, et al. (Senate Sponsor - Lindsay)         H.B. No. 10
 1-2           (In the Senate - Received from the House April 19, 2001;
 1-3     April 20, 2001, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 3, 2001, reported adversely, with
 1-5     favorable Committee Substitute by the following vote:  Yeas 6, Nays
 1-6     0; May 3, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 10                   By:  Lindsay
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the preservation of state and local historic property.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Chapter 318, Local Government Code, is amended by
1-13     amending Sections 318.002-318.010 and adding Sections 318.0101 and
1-14     318.0102 to read as follows:
1-15           Sec. 318.002.  ESTABLISHMENT. The commissioners court of a
1-16     county may appoint a county historical commission for the purpose
1-17     of initiating and conducting programs suggested by the
1-18     commissioners court and the Texas Historical Commission for the
1-19     preservation of the county's historic cultural resources.  Programs
1-20     suggested by the Texas Historical Commission must be consistent
1-21     with the statewide preservation plan.  In suggesting programs, the
1-22     Texas Historical Commission shall consider the fiscal and human
1-23     resources the county has to conduct the programs [historical
1-24     heritage of the county].
1-25           Sec. 318.003.  COMPOSITION; TERM. (a)  The commission must be
1-26     composed of at least seven residents of the county.  Members of the
1-27     commission must be individuals who broadly reflect the age, ethnic,
1-28     and geographic diversity of the county.
1-29           (b)  The members of the commission shall be appointed during
1-30     the month of January of odd-numbered years and are appointed for a
1-31     term of two years.  The commissioners court shall fill a vacancy on
1-32     the commission for the remainder of the unexpired term.
1-33           (c)  Each commission member must have an interest in historic
1-34     preservation and an understanding of local history and resources.
1-35           (d)  The commissioners court shall provide to the Texas
1-36     Historical Commission a list of appointed members and the mailing
1-37     address of each member.
1-38           Sec. 318.004.  APPOINTMENT BY STATE. If the commissioners
1-39     court fails to appoint a commission by April 1 of each odd-numbered
1-40     year, the Texas Historical Commission may appoint the commission
1-41     after 30 days' written notice to the commissioners court of its
1-42     intention to do so.  The county judge shall serve as commission
1-43     chair during any interim period.
1-44           Sec. 318.005.  MEETINGS. (a) The commission shall meet at
1-45     least four times [once] each year [at the county seat] and may meet
1-46     as often as the commission may determine under rules adopted by it
1-47     for its own regulation.
1-48           (b)  All meetings of the commission shall be conducted in
1-49     accordance with the open meetings law, Chapter 551, Government
1-50     Code.
1-51           Sec. 318.006.  RESOURCE IDENTIFICATION [CONTINUING SURVEY;
1-52     COUNTY REGISTER]. (a)  The commission should [shall] institute and
1-53     carry out a continuing survey of the county to determine the
1-54     existence of historic [historical] buildings and other historical
1-55     and archeological sites, private archeological collections,
1-56     important endangered properties [of historical memorabilia], or
1-57     other historical features within the county, and should [shall]
1-58     report the data collected to the commissioners court and the Texas
1-59     Historical Commission.
1-60           (b)  The commission should develop and maintain its inventory
1-61     of surveyed individual properties and districts in accordance with
1-62     standards established by the Texas Historical Commission [shall
1-63     compile the data in a county register of historical places and
1-64     memorabilia].
 2-1           (c)  The commission should establish a system for the
 2-2     periodic review and assessment of the condition of designated
 2-3     properties in the county, including Recorded Texas Historic
 2-4     Landmarks, State Archeological Landmarks, and individual historic
 2-5     properties or districts listed in the National Register of Historic
 2-6     Places.  The commission should report the results of the review and
 2-7     assessment to the Texas Historical Commission.
 2-8           Sec. 318.007.  EDUCATION  [HISTORICAL TRAIL]. The commission
 2-9     should strive to create countywide awareness and appreciation of
2-10     historic preservation and its benefits and uses [, with the
2-11     approval of the commissioners court, may designate as a historical
2-12     trail any road or highway route that links historical sites in the
2-13     county and may designate certain areas of the county as special
2-14     areas of historical interest].
2-15           Sec. 318.008.  REPORTS AND RECOMMENDATIONS. (a)  In order to
2-16     inform the commissioners court and the Texas Historical Commission
2-17     of the commission's needs and programs, the [The] commission shall
2-18     make an annual report of its activities and recommendations
2-19     [simultaneously] to the commissioners court and to the Texas
2-20     Historical Commission before the end of each calendar year. The
2-21     commission may make as many other reports and recommendations as it
2-22     sees fit.
2-23           (b)  The commission shall make recommendations to the
2-24     commissioners court and the Texas Historical Commission concerning
2-25     the acquisition and designation of property, real or personal, that
2-26     is of historical or archeological significance.
2-27           Sec. 318.009.  FISCAL AND HUMAN RESOURCES [EXPENSES]. (a) The
2-28     commissioners court may pay the necessary expenses of the
2-29     commission.
2-30           (b)  The commissioners court may make agreements with
2-31     governmental agencies or private organizations and may appropriate
2-32     funds from the general fund of the county for the purpose of:
2-33                 (1)  erecting historical markers and monuments;
2-34                 (2)  purchasing objects and collections of objects that
2-35     are historically significant to the county;
2-36                 (3)  preparing, publishing, and disseminating, by sale
2-37     or otherwise, a history of the county;
2-38                 (4)  hiring professional staff and consultants;
2-39                 (5)  providing matching funds for grants; and
2-40                 (6)  funding other programs or activities as suggested
2-41     by the Texas Historical Commission and the commissioners court.
2-42           (c)  The Texas Historical Commission may make grants
2-43     available to the commission, subject to the budgetary authority and
2-44     approval of the commissioners court, to carry out the purposes of
2-45     this chapter.
2-46           Sec. 318.010.  RESOURCE INTERPRETATION [OPERATION OF MUSEUM].
2-47     (a) The commission shall review applications for Official Texas
2-48     Historical Markers to determine the accuracy, appropriateness, and
2-49     completeness of the application.
2-50           (b)  The commission should establish a system for the
2-51     periodic review, assessment, and maintenance of Official Texas
2-52     Historical Markers in the county.
2-53           (c)  The commission should work to promote historic and
2-54     cultural sites in the county to develop and sustain heritage
2-55     tourism.
2-56           (d)  The commission may:
2-57                 (1)  operate and manage any museum owned or leased by
2-58     the county;
2-59                 (2)  acquire artifacts and other museum collections
2-60     [paraphernalia] in the name of the museum or the commission; and
2-61                 (3)  supervise any employees hired by the commissioners
2-62     court to operate the museum.
2-63           (e)  In operating museums, the commission shall adhere to
2-64     professional standards in the care, collection, management, and
2-65     interpretation of artifacts.
2-66           Sec. 318.0101.  PLANNING. The commission should work in
2-67     partnership with other preservation entities in the county to
2-68     prepare a plan for the preservation of the county's historic and
2-69     cultural resources.  The commission should use the Texas Historical
 3-1     Commission's statewide preservation plan for guidance.
 3-2           Sec. 318.0102.  LEADERSHIP AND TRAINING. (a)  The Texas
 3-3     Historical Commission shall make orientation materials and training
 3-4     available to all county historical commissions.
 3-5           (b)  The commission should strive to be represented at
 3-6     informational or educational meetings sponsored by the Texas
 3-7     Historical Commission at least twice each year.
 3-8           (c)  The commission, with assistance from the Texas
 3-9     Historical Commission, shall carry out board and volunteer
3-10     training.
3-11           SECTION 2. Section 442.005, Government Code, is amended by
3-12     adding Subsection (v) to read as follows:
3-13           (v)  The commission may accept a gift of real property,
3-14     whether of historical value or not.  When the gift is received, the
3-15     commission may:
3-16                 (1)  arrange for the preservation, maintenance, and
3-17     public exhibition of the property; or
3-18                 (2)  at the commission's discretion,  sell the property
3-19     at fair market value and use the proceeds to carry out any purpose
3-20     of this chapter.
3-21           SECTION 3. Section 442.0145(a), Government Code, is amended
3-22     to read as follows:
3-23           (a)  The commission shall administer a program to assist
3-24     municipalities, counties, museums, and county historical
3-25     commissions with:
3-26                 (1)  the development or improvement of museum
3-27     facilities used to display historical artifacts discovered in Texas
3-28     that are significant in Texas or American history; and
3-29                 (2)  the acquisition of historical artifacts discovered
3-30     in Texas that are significant in Texas or American history.
3-31           SECTION 4. Sections 442.015(b), (c), and (d), Government
3-32     Code, are amended to read as follows:
3-33           (b)  The commission may use money in the Texas preservation
3-34     trust fund account to provide financial assistance to public or
3-35     private entities for the acquisition, survey, restoration, or
3-36     preservation, or for planning and educational activities leading to
3-37     the preservation, of historic property in the state that is listed
3-38     in the National Register of Historic Places or designated as a
3-39     State Archeological Landmark or Recorded Texas Historic Landmark,
3-40     [Landmarks] or that the commission determines is eligible for such
3-41     [a] listing or designation.  The financial assistance may be in the
3-42     amount and form and according to the terms that the commission by
3-43     rule determines.  The commission shall give priority to property
3-44     the commission determines to be endangered by demolition, neglect,
3-45     underuse, looting, vandalism, or other threat to the property.
3-46     Money deposited to the credit of the account specifically for any
3-47     eligible [architectural] projects [or for archeological projects]
3-48     may be used only for the type of projects specified.  If such a
3-49     specification is not made, [90 percent of] the money shall be
3-50     unencumbered and accrue to the benefit of the Texas preservation
3-51     trust fund account [used for historic architectural projects and 10
3-52     percent shall be used for prehistoric and historic archeological
3-53     projects].
3-54           (c)  As a condition of providing financial assistance under
3-55     this section, the commission shall require the creation of a
3-56     preservation easement in the property, as provided by Chapter 183,
3-57     Natural Resources Code, in favor of the state, the designation of
3-58     the property as a State Archeological Landmark, as provided by
3-59     Chapter 191, Natural Resources Code, or the [shall require]
3-60     creation of other appropriate covenants in favor of the state.  The
3-61     commission may take any necessary action to enforce repayment of a
3-62     loan made under this section.
3-63           (d)  The commission, after considering the recommendations of
3-64     the governor, lieutenant governor, and speaker of the house of
3-65     representatives, shall appoint an advisory board composed of:
3-66                 (1)  one representative of a bank or savings and loan
3-67     association;
3-68                 (2)  one attorney with a recognized background in
3-69     historic preservation;
 4-1                 (3)  two architects with substantial experience in
 4-2     historic preservation;
 4-3                 (4)  two archeologists [one archeologist] with
 4-4     substantial experience in Texas archeology;
 4-5                 (5)  one real estate professional with experience in
 4-6     historic preservation;
 4-7                 (6)  two persons with demonstrated commitment to
 4-8     historic preservation; and
 4-9                 (7)  two directors [one director] of [a] nonprofit
4-10     historic preservation organizations [organization].
4-11           SECTION 5.  Chapter 442, Government Code, is amended by
4-12     adding Section 442.017 to read as follows:
4-13           Sec. 442.017.  IDENTIFICATION AND PRESERVATION OF ABANDONED
4-14     CEMETERIES. (a)  The commission should establish a program to
4-15     identify and preserve abandoned cemeteries across the state.
4-16           (b)  The commission is encouraged to use volunteers to the
4-17     maximum extent possible to implement the program and to model the
4-18     program to the extent appropriate on the "Adopt-A-Beach" program
4-19     conducted by the General Land Office.
4-20           (c)  The commission may accept gifts, grants, and in-kind
4-21     donations from public and private entities for the implementation
4-22     of the program.  The legislature may appropriate money to the
4-23     commission to implement the program.
4-24           (d)  The commission may adopt rules reasonably necessary to
4-25     implement the program.
4-26           SECTION 6. Chapter 442, Government Code, is amended by adding
4-27     Section 442.018 to read as follows:
4-28           Sec. 442.018.  IDENTIFICATION AND PRESERVATION OF TEXAS
4-29     UNDERGROUND RAILROAD HISTORICAL SITES. (a)  The commission should
4-30     establish a program to identify and preserve Texas Underground
4-31     Railroad Historical Sites.
4-32           (b)  The commission is encouraged to use volunteers to the
4-33     maximum extent possible to implement the program and to model the
4-34     program to the extent appropriate on the "Adopt-A-Beach" program
4-35     conducted by the General Land Office.
4-36           (c)  The commission may accept gifts, grants, and in-kind
4-37     donations from public and private entities for the implementation
4-38     of the program.  The legislature may appropriate money to the
4-39     commission to implement the program.
4-40           (d)  The commission may adopt rules reasonably necessary to
4-41     implement the program.
4-42           SECTION 7. Subchapter K, Chapter 2166, Government Code, is
4-43     amended by adding Section 2166.5011 to read as follows:
4-44           Sec. 2166.5011.  REMOVAL, RELOCATION, OR ALTERATION OF A
4-45     MONUMENT OR MEMORIAL. (a)  In this section, "monument or memorial"
4-46     means a permanent monument, memorial, or other designation,
4-47     including a statue, portrait, plaque, seal, symbol, building name,
4-48     or street name, that:
4-49                 (1)  is located on state property; and
4-50                 (2)  honors a citizen of this state for military or
4-51     war-related service.
4-52           (b)  Notwithstanding any other provision of this code, a
4-53     monument or memorial may be removed, relocated, or altered only:
4-54                 (1)  by the legislature;
4-55                 (2)  by the Texas Historical Commission;
4-56                 (3)  by the State Preservation Board; or
4-57                 (4)  as provided by Subsection (c).
4-58           (c)  A monument or memorial may be removed, relocated, or
4-59     altered in a manner otherwise provided by this code as necessary to
4-60     accommodate construction, repair, or improvements to the monument
4-61     or memorial or to the surrounding state property on which the
4-62     monument or memorial is located.  Any monument or memorial that is
4-63     permanently removed under this subsection must be relocated to a
4-64     prominent location.
4-65           SECTION 8.  Section 318.011, Local Government Code, is
4-66     repealed.
4-67           SECTION 9.  This Act takes effect September 1, 2001.
4-68                                  * * * * *