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 * * * * *