By: Hilderbran H.B. No. 2902
A BILL TO BE ENTITLED
AN ACT
relating to the maintenance and preservation of historical
courthouses and records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 441, Government Code, is amended by
adding Subchapter O to read as follows:
SUBCHAPTER O. TEXAS HISTORICAL GOVERNMENT RECORDS PRESERVATION
Sec. 441.261. DEFINITION; HISTORICAL GOVERNMENT RECORDS.
(a) In this subchapter, "commission" means the Texas State Library
and Archives Commission.
(b) For purposes of this subchapter, historical government
records include:
(1) any local government record with a retention
period established as permanent or for which a review for possible
historical value is required in a local government records
retention schedule issued under Section 441.158; and
(2) any state record identified as an archival state
record or subject to review as a potential archival state record by
the state archivist under Section 441.186.
Sec. 441.262. TEXAS HISTORICAL GOVERNMENT RECORDS
PRESERVATION GRANTS. (a) The commission may establish a program of
state grants to counties, municipalities, other local governmental
entities, and state governmental entities to preserve the
historically valuable records of the governments of this state.
(b) The commission may award the grants to enable grant
recipients to:
(1) preserve, repair, restore, manage, and provide
public access to historical government records in the custody of
the recipient; and
(2) establish or enhance efficient records management
programs to ensure that current records of historical value or
potential historical value in the custody of the recipient are
identified, managed, and preserved.
(c) The commission may adopt any necessary rules for the
administration of the grant program, including rules relating to
eligibility for and the terms of grants awarded under this section.
(d) The commission shall approve any award of grants made
under this section in open meetings in accordance with Chapter 551.
(e) The commission shall determine the amount to be used for
the award of grants under this section, subject to appropriations.
Sec. 441.263. STATE ARCHIVES. (a) The commission may
preserve, repair, restore, manage, and provide access to the
historical government records in the custody of the commission,
including records in any regional historical resource depository
established by agreement under Section 441.153 or in any regional
research center established and operated by the commission under
Section 441.154.
(b) The commission may determine the amount to be used for
activities under this section, subject to appropriations.
Sec. 441.264. EMERGENCY DISASTER RECOVERY GRANTS. (a) The
commission may make emergency grants to local governments to assist
them in the recovery of records damaged by fire, flood, or other
natural or man-made disaster.
(b) The commission may adopt any necessary rules for the
administration of emergency disaster recovery grants, including
rules relating to eligibility for and the terms and conditions of an
emergency grant.
(c) The commission may determine the amount to be used for
emergency disaster recovery grants under this section, subject to
appropriations.
Sec. 441.265. OTHER RELATED USES. (a) The commission may,
subject to appropriations:
(1) provide training in archival and records
management principles and practices to local government officials;
(2) provide advanced training in the preservation of
electronic records of historical value;
(3) provide funding for other projects determined by
the commission to be of benefit in the preservation of historical
government records; and
(4) pay for personnel and administrative expenses
incurred by the commission associated with grants, programs, and
other activities under this subchapter.
(b) The commission may determine the amount to be used for
programs and activities under this section, subject to
appropriations.
Sec. 441.266. ADVISORY COMMITTEES. The local government
records committee established under Section 441.161 and the Texas
Historical Records Advisory Board established under Section
441.242 shall advise the commission in its adoption of rules under
Sections 441.262 and 441.264.
SECTION 2. The heading to Section 442.0081, Government
Code, is amended to read as follows:
Sec. 442.0081. HISTORIC COURTHOUSE PRESERVATION AND
MAINTENANCE PROGRAMS [PROGRAM]; GRANTS AND LOANS.
SECTION 3. Section 442.0081, Government Code, is amended by
adding Subsection (g-1) and amending Subsection (h) to read as
follows:
(g-1) To help protect courthouses that have benefited from
the historic courthouse preservation program, the commission shall
develop and implement a maintenance program to assist counties
receiving money under the preservation program in continuing to
maintain, repair, and preserve the courthouses. The maintenance
program may include offering to periodically inspect the
courthouses and offering counties technical assistance and
information on best practices in maintaining the courthouses.
(h) The commission shall adopt rules necessary to implement
the historic courthouse preservation and maintenance programs
[program].
SECTION 4. Section 442.0083(f), Government Code, is amended
to read as follows:
(f) Biennial appropriations to the commission for
administering the historic courthouse preservation and maintenance
programs [program] during a state fiscal biennium, including
providing oversight for historic courthouse projects, may not
exceed 2-1/2 [one] percent of the amount appropriated for
implementing the historic courthouse preservation and maintenance
programs [program] during the state fiscal biennium.
SECTION 5. Section 441.157, Government Code, is repealed.
SECTION 6. This Act takes effect September 1, 2005.