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.