1-1 By: Lindsay S.B. No. 1150
1-2 (In the Senate - Filed March 6, 2001; March 7, 2001, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; March 26, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 5, Nays 0;
1-6 March 26, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1150 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 through 318.010 and adding Sections
1-14 318.0101 and 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
1-26 be composed of at least seven residents of the county. Members of
1-27 the commission must be individuals who broadly reflect the age,
1-28 ethnic, 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 approval
2-11 of the commissioners court, may designate as a historical trail any
2-12 road or highway route that links historical sites in the county and
2-13 may designate certain areas of the county as special areas of
2-14 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].
2-28 (a) The 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 of
2-44 the commissioners court, to carry out the purposes of this chapter.
2-45 Sec. 318.010. RESOURCE INTERPRETATION [OPERATION OF MUSEUM].
2-46 (a) The commission shall review applications for Official Texas
2-47 Historical Markers to determine the accuracy, appropriateness, and
2-48 completeness of the application.
2-49 (b) The commission should establish a system for the
2-50 periodic review, assessment, and maintenance of Official Texas
2-51 Historical Markers in the county.
2-52 (c) The commission should work to promote historic and
2-53 cultural sites in the county to develop and sustain heritage
2-54 tourism.
2-55 (d) The commission may:
2-56 (1) operate and manage any museum owned or leased by
2-57 the county;
2-58 (2) acquire artifacts and other museum collections
2-59 [paraphernalia] in the name of the museum or the commission; and
2-60 (3) supervise any employees hired by the commissioners
2-61 court to operate the museum.
2-62 (e) In operating museums, the commission shall adhere to
2-63 professional standards in the care, collection, management, and
2-64 interpretation of artifacts.
2-65 Sec. 318.0101. PLANNING. The commission should work in
2-66 partnership with other preservation entities in the county to
2-67 prepare a plan for the preservation of the county's historic and
2-68 cultural resources. The commission should use the Texas Historical
2-69 Commission's statewide preservation plan for guidance.
3-1 Sec. 318.0102. LEADERSHIP AND TRAINING. (a) The Texas
3-2 Historical Commission shall make orientation materials and training
3-3 available to all county historical commissions.
3-4 (b) The commission should strive to be represented at
3-5 informational or educational meetings sponsored by the Texas
3-6 Historical Commission at least twice each year.
3-7 (c) The commission, with assistance from the Texas
3-8 Historical Commission, shall carry out board and volunteer
3-9 training.
3-10 SECTION 2. Section 442.005, Government Code, is amended by
3-11 adding Subsection (v) to read as follows:
3-12 (v) The commission may accept a gift of real property,
3-13 whether of historical value or not. When the gift is received, the
3-14 commission may:
3-15 (1) arrange for the preservation, maintenance, and
3-16 public exhibition of the property; or
3-17 (2) at the commission's discretion, sell the property
3-18 at fair market value and use the proceeds to carry out any purpose
3-19 of this chapter.
3-20 SECTION 3. Subsection (a), Section 442.0145, Government
3-21 Code, is amended to read as follows:
3-22 (a) The commission shall administer a program to assist
3-23 municipalities, counties, museums, and county historical
3-24 commissions with:
3-25 (1) the development or improvement of museum
3-26 facilities used to display historical artifacts discovered in Texas
3-27 that are significant in Texas or American history; and
3-28 (2) the acquisition of historical artifacts discovered
3-29 in Texas that are significant in Texas or American history.
3-30 SECTION 4. Subsections (b), (c), and (d), Section 442.015,
3-31 Government Code, are amended to read as follows:
3-32 (b) The commission may use money in the Texas preservation
3-33 trust fund account to provide financial assistance to public or
3-34 private entities for the acquisition, survey, restoration, or
3-35 preservation, or for planning and educational activities leading to
3-36 the preservation, of historic property in the state that is listed
3-37 in the National Register of Historic Places or designated as a
3-38 State Archeological Landmark or Recorded Texas Historic Landmark,
3-39 [Landmarks] or that the commission determines is eligible for such
3-40 [a] listing or designation. The financial assistance may be in the
3-41 amount and form and according to the terms that the commission by
3-42 rule determines. The commission shall give priority to property
3-43 the commission determines to be endangered by demolition, neglect,
3-44 underuse, looting, vandalism, or other threat to the property.
3-45 Money deposited to the credit of the account specifically for any
3-46 eligible [architectural] projects [or for archeological projects]
3-47 may be used only for the type of projects specified. If such a
3-48 specification is not made, [90 percent of] the money shall be
3-49 unencumbered and accrue to the benefit of the Texas preservation
3-50 trust fund account [used for historic architectural projects and 10
3-51 percent shall be used for prehistoric and historic archeological
3-52 projects].
3-53 (c) As a condition of providing financial assistance under
3-54 this section, the commission shall require the creation of a
3-55 preservation easement in the property, as provided by Chapter 183,
3-56 Natural Resources Code, in favor of the state, the designation of
3-57 the property as a State Archeological Landmark, as provided by
3-58 Chapter 191, Natural Resources Code, or the [shall require]
3-59 creation of other appropriate covenants in favor of the state. The
3-60 commission may take any necessary action to enforce repayment of a
3-61 loan made under this section.
3-62 (d) The commission, after considering the recommendations of
3-63 the governor, lieutenant governor, and speaker of the house of
3-64 representatives, shall appoint an advisory board composed of:
3-65 (1) one representative of a bank or savings and loan
3-66 association;
3-67 (2) one attorney with a recognized background in
3-68 historic preservation;
3-69 (3) two architects with substantial experience in
4-1 historic preservation;
4-2 (4) two archeologists [one archeologist] with
4-3 substantial experience in Texas archeology;
4-4 (5) one real estate professional with experience in
4-5 historic preservation;
4-6 (6) two persons with demonstrated commitment to
4-7 historic preservation; and
4-8 (7) two directors [one director] of [a] nonprofit
4-9 historic preservation organizations [organization].
4-10 SECTION 5. Chapter 442, Government Code, is amended by
4-11 adding Section 442.017 to read as follows:
4-12 Sec. 442.017. IDENTIFICATION AND PRESERVATION OF ABANDONED
4-13 CEMETERIES. (a) The commission should establish a program to
4-14 identify and preserve abandoned cemeteries across the state.
4-15 (b) The commission is encouraged to use volunteers to the
4-16 maximum extent possible to implement the program and to model the
4-17 program to the extent appropriate on the "Adopt-A-Beach" program
4-18 conducted by the General Land Office.
4-19 (c) The commission may accept gifts, grants, and in-kind
4-20 donations from public and private entities for the implementation
4-21 of the program. The legislature may appropriate money to the
4-22 commission to implement the program.
4-23 (d) The commission may adopt rules reasonably necessary to
4-24 implement the program.
4-25 SECTION 6. Section 318.011, Local Government Code, is
4-26 repealed.
4-27 SECTION 7. This Act takes effect September 1, 2001.
4-28 * * * * *