By Lindsay                                            S.B. No. 1150
         77R8206 MCK-D                           
                                A BILL TO BE ENTITLED
 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 to carry out the purposes of this
4-22     chapter.
4-23           Sec. 318.010.  RESOURCE INTERPRETATION [OPERATION OF MUSEUM].
4-24     (a) The commission shall review applications for Official Texas
4-25     Historical Markers to determine the accuracy, appropriateness, and
4-26     completeness of the application.
4-27           (b)  The commission should establish a system for the
 5-1     periodic review, assessment, and maintenance of Official Texas
 5-2     Historical Markers in the county.
 5-3           (c)  The commission should work to promote historic and
 5-4     cultural sites in the county to develop and sustain heritage
 5-5     tourism.
 5-6           (d)  The commission may:
 5-7                 (1)  operate and manage any museum owned or leased by
 5-8     the county;
 5-9                 (2)  acquire artifacts and other museum collections
5-10     [paraphernalia] in the name of the museum or the commission; and
5-11                 (3)  supervise any employees hired by the commissioners
5-12     court to operate the museum.
5-13           (e)  In operating museums, the commission shall adhere to
5-14     professional standards in the care, collection, management, and
5-15     interpretation of artifacts.
5-16           Sec. 318.0101.  PLANNING. The commission should work in
5-17     partnership with other preservation entities in the county to
5-18     prepare a plan for the preservation of the county's historic and
5-19     cultural resources.  The commission should use the Texas Historical
5-20     Commission's statewide preservation plan for guidance.
5-21           Sec. 318.0102.  LEADERSHIP AND TRAINING. (a)  The Texas
5-22     Historical Commission shall make orientation materials and training
5-23     available to all county historical commissions.
5-24           (b)  The commission should strive to be represented at
5-25     informational or educational meetings sponsored by the Texas
5-26     Historical Commission at least twice each year.
5-27           (c)  The commission, with assistance from the Texas
 6-1     Historical Commission, shall carry out board and volunteer
 6-2     training.
 6-3           SECTION 2. Section 442.005, Government Code, is amended by
 6-4     adding Subsection (v) to read as follows:
 6-5           (v)  The commission may accept a gift of real property,
 6-6     whether of historical value or not.  When the gift is received, the
 6-7     commission may:
 6-8                 (1)  arrange for the preservation, maintenance, and
 6-9     public exhibition of the property; or
6-10                 (2)  at the commission's discretion,  sell the property
6-11     at fair market value and use the proceeds to carry out any purpose
6-12     of this chapter.
6-13           SECTION 3. Section 442.0145(a), Government Code, is amended
6-14     to read as follows:
6-15           (a)  The commission shall administer a program to assist
6-16     municipalities, counties, museums, and county historical
6-17     commissions with:
6-18                 (1)  the development or improvement of museum
6-19     facilities used to display historical artifacts discovered in Texas
6-20     that are significant in Texas or American history; and
6-21                 (2)  the acquisition of historical artifacts discovered
6-22     in Texas that are significant in Texas or American history.
6-23           SECTION 4. Sections 442.015(b), (c), and (d), Government
6-24     Code, are amended to read as follows:
6-25           (b)  The commission may use money in the Texas preservation
6-26     trust fund account to provide financial assistance to public or
6-27     private entities for the acquisition, survey, restoration, or
 7-1     preservation, or for planning and educational activities leading to
 7-2     the preservation, of historic property in the state that is listed
 7-3     in the National Register of Historic Places or designated as a
 7-4     State Archeological Landmark or Recorded Texas Historic Landmark,
 7-5     [Landmarks] or that the commission determines is eligible for such
 7-6     [a] listing or designation.  The financial assistance may be in the
 7-7     amount and form and according to the terms that the commission by
 7-8     rule determines.  The commission shall give priority to property
 7-9     the commission determines to be endangered by demolition, neglect,
7-10     underuse, looting, vandalism, or other threat to the property.
7-11     Money deposited to the credit of the account specifically for any
7-12     eligible [architectural] projects [or for archeological projects]
7-13     may be used only for the type of projects specified.  If such a
7-14     specification is not made, [90 percent of] the money shall be
7-15     unencumbered and accrue to the benefit of the Texas preservation
7-16     trust fund account [used for historic architectural projects and 10
7-17     percent shall be used for prehistoric and historic archeological
7-18     projects].
7-19           (c)  As a condition of providing financial assistance under
7-20     this section, the commission shall require the creation of a
7-21     preservation easement in the property, as provided by Chapter 183,
7-22     Natural Resources Code, in favor of the state, the designation of
7-23     the property as a State Archeological Landmark, as provided by
7-24     Chapter 191, Natural Resources Code, or the [shall require]
7-25     creation of other appropriate covenants in favor of the state.  The
7-26     commission may take any necessary action to enforce repayment of a
7-27     loan made under this section.
 8-1           (d)  The commission, after considering the recommendations of
 8-2     the governor, lieutenant governor, and speaker of the house of
 8-3     representatives, shall appoint an advisory board composed of:
 8-4                 (1)  one representative of a bank or savings and loan
 8-5     association;
 8-6                 (2)  one attorney with a recognized background in
 8-7     historic preservation;
 8-8                 (3)  two architects with substantial experience in
 8-9     historic preservation;
8-10                 (4)  two archeologists [one archeologist] with
8-11     substantial experience in Texas archeology;
8-12                 (5)  one real estate professional with experience in
8-13     historic preservation;
8-14                 (6)  two persons with demonstrated commitment to
8-15     historic preservation; and
8-16                 (7)  two directors [one director] of [a] nonprofit
8-17     historic preservation organizations [organization].
8-18           SECTION 5.  Chapter 442, Government Code, is amended by
8-19     adding Section 442.017 to read as follows:
8-20           Sec. 442.017.  IDENTIFICATION AND PRESERVATION OF ABANDONED
8-21     CEMETERIES. (a)  The commission should establish a program to
8-22     identify and preserve abandoned cemeteries across the state.
8-23           (b)  The commission is encouraged to use volunteers to the
8-24     maximum extent possible to implement the program and to model the
8-25     program to the extent appropriate on the "Adopt-A-Beach" program
8-26     conducted by the General Land Office.
8-27           (c)  The commission may accept gifts, grants, and in-kind
 9-1     donations from public and private entities for the implementation
 9-2     of the program.  The legislature may appropriate money to the
 9-3     commission to implement the program.
 9-4           (d)  The commission may adopt rules reasonably necessary to
 9-5     implement the program.
 9-6           SECTION 6.  Section 318.011, Local Government Code, is
 9-7     repealed.
 9-8           SECTION 7. This Act takes effect September 1, 2001.