79R1005 MXM-D

By:  Ellis                                                        S.B. No. 233



A BILL TO BE ENTITLED

AN ACT

relating to state antiquities.                                                
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 191.0525(d), Natural Resources Code, is 
amended to read as follows:
	(d)  A project for a county, municipality, or an entity 
created under Section 52, Article III, or Section 59, Article XVI, 
Texas Constitution, requires advance project review only if the 
project affects a cumulative area larger than one acre [five acres] 
or disturbs a cumulative area of more than 1,000 [5,000] cubic 
yards, whichever measure is triggered first, or if the project is 
inside a designated historic district or recorded archeological 
site.
	SECTION 2.  Section 191.092(f), Natural Resources Code, is 
amended to read as follows:
	(f)  Before the committee may designate a structure or 
building as a state archeological landmark, the structure or 
building must be listed, or be eligible to be listed, on the 
National Register of Historic Places.
	SECTION 3.  Section 191.098, Natural Resources Code, is 
amended by amending Subsections (a) and (b) and adding Subsection 
(d) to read as follows:
	(a)  A state agency or political subdivision may not alter, 
renovate, or demolish a building possessed by the state or a 
political subdivision that was constructed at least 50 years before 
the alteration, renovation, or demolition and that has not been 
designated a landmark by the committee, without notifying the 
committee of the proposed alteration, renovation, or demolition not 
later than the 60th day before the day on which the agency or 
political subdivision begins the alteration, renovation, or 
demolition.
	(b)  After receipt of the notice the committee may waive the 
waiting period;  however, if the committee institutes proceedings 
to determine whether the building is a state archeological landmark 
under Section 191.092 [of this code] not later than the 60th day 
after the day on which the notice is received by the committee, the 
state agency or political subdivision must obtain a permit from the 
committee before beginning an alteration, renovation, or 
demolition of the building during the time that the committee's 
proceedings are pending.
	(d)  Not later than the 15th day before the day on which a 
political subdivision begins the alteration, renovation, or 
demolition of the building under Subsection (a), the state agency 
or political subdivision must hold a public hearing on the proposed 
alteration, renovation, or demolition if:
		(1)  two or more residents of the political subdivision 
in which the building is situated request the hearing in writing to 
the political subdivision and to the committee not later than the 
30th day before the day on which the political subdivision begins 
the alteration, renovation, or demolition; and
		(2)  the building is listed, or eligible to be listed, 
on the National Register of Historic Places.
	SECTION 4.  (a)  The changes in law made by this Act to 
Section 191.0525(d), Natural Resources Code, apply only to a 
project for which ground has been broken on or after the effective 
date of this Act.  A project for which ground has been broken before 
the effective date of this Act is governed by Section 191.0525(d), 
Natural Resources Code, as that law existed immediately before the 
effective date of this Act, and the prior law is continued in effect 
for that purpose.
	(b)  The changes in law made by this Act to Section 191.098, 
Natural Resources Code, apply only to a building on which the 
alteration, renovation, or demolition has not begun before the 
effective date of this Act.  A building on which the alteration, 
renovation, or demolition has begun before the effective date of 
this Act is governed by Section 191.098, Natural Resources Code, as 
that law existed immediately before the effective date of this Act, 
and the prior law is continued in effect for that purpose.
	SECTION 5.  This Act takes effect September 1, 2005.