82R10537 YDB-D

By: King of Parker H.B. No. 2879

A BILL TO BE ENTITLED

AN ACT

relating to the abolishment of the Texas Historical Commission and the transfer of its duties to the Parks and Wildlife Commission, the General Land Office, and the Texas State Library and Archives Commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Chapter 442, Government Code, is amended to read as follows:

CHAPTER 442. TEXAS HISTORICAL PROPERTY AND HERITAGE [COMMISSION]

SECTION 2. Section 442.001, Government Code, is amended to read as follows:

Sec. 442.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Parks and Wildlife Commission.

(2) "Department" means the Parks and Wildlife Department.

(3) "Historic courthouse" means a county courthouse that is at least 50 years old.

(4) [(2)] "Historic courthouse project" means a project to preserve or restore a historic courthouse.

(5) [(3)] "Historic structure" means a structure that:

(A) is included on the National Register of Historic Places;

(B) is designated as a Recorded Texas Historic Landmark;

(C) is designated as a State Archeological Landmark;

(D) is determined by the land office [Texas Historical Commission] to qualify as eligible property under criteria for inclusion on the National Register of Historic Places or for designation as a Recorded Texas Historic Landmark or as a State Archeological Landmark;

(E) is certified by the commission [Texas Historical Commission] to other state agencies as worthy of preservation; or

(F) is designated by an ordinance of a municipality with a population of more than 1.5 million as historic.

(6) "Land office" means the General Land Office.

(7) "Library and archives commission" means the Texas State Library and Archives Commission.

SECTION 3. Subchapter A, Chapter 442, Government Code, is amended by adding Section 442.0011 to read as follows:

Sec. 442.0011. REFERENCE IN OTHER LAW. Except as specifically provided by this chapter or other law, a reference in this chapter or other law to the Texas Historical Commission means the Parks and Wildlife Commission.

SECTION 4. The heading to Section 442.005, Government Code, is amended to read as follows:

Sec. 442.005. GENERAL POWERS AND DUTIES OF PARKS AND WILDLIFE COMMISSION, GENERAL LAND OFFICE, AND TEXAS STATE LIBRARY AND ARCHIVES COMMISSION.

SECTION 5. Section 442.005, Government Code, is amended by amending Subsections (a), (d), (e), (f), (g), (n), (o), (p), and (q) and adding Subsections (a-1) and (a-2) to read as follows:

(a) The land office [commission] shall furnish leadership, coordination, and services to persons of this state interested in the preservation of historic courthouses and certain historic properties, including properties described by Subsection (f).

(a-1) The library and archives commission shall:

(1) furnish leadership, coordination, and services to county historical commissions, historical societies, historic cemeteries, and museums;

(2) identify, evaluate, and interpret the historic and cultural resources of this state; and

(3) act as a clearinghouse and information center for the duties imposed under this subsection and this chapter.

(a-2) The commission shall furnish leadership, coordination, and services to[, and] the organizations, agencies, institutions, museums, and individuals of this state interested in the preservation of archeological or historical heritage and shall act as a clearinghouse and information center for that work in this state. The commission may delegate to the department a duty imposed on the commission under this chapter or other law.

(d) The department [commission] shall compile and furnish to the land office and the Texas Facilities [State Purchasing and General Services] Commission a list of the names and addresses of individuals and organizations that are interested in the preservation of historic structures. The list shall be updated at least once each year.

(e) The land office [commission] shall administer the federal National Historic Preservation Act of 1966 and may prepare, maintain, and keep up to date a statewide comprehensive historic preservation plan.

(f) The land office [commission] by rule may establish a reasonable fee to recover its costs arising from review of a rehabilitation project on an income-producing property included in the National Register of Historic Places. Any fee established is payable by the applicant for the rehabilitation project.

(g) The commission or land office may apply to any appropriate agency or officer of the United States for participation in any federal program pertaining to historic preservation.

(n) Not later than December 1 before each regular session of the legislature, the commission, land office, and library and archives commission each shall make a report of its activities to the governor and to the legislature.

(o) The commission, department, land office, or library and archives commission may enter into contracts with other state agencies or institutions and with qualified private institutions to carry out the purposes of this chapter.

(p) The commission, department, land office, or library and archives commission may accept a gift, grant, devise, or bequest of money, securities, services, or property to carry out any purpose of this chapter, including funds raised or services provided by a volunteer or volunteer group to promote the work of the commission, department, land office, or library and archives commission. The commission, department, land office, or library and archives commission may participate in the establishment and operation of an affiliated nonprofit organization whose purpose is to raise funds for or provide services or other benefits to the commission, department, land office, or library and archives commission.

(q) The commission, land office, or library and archives commission each may adopt rules as it considers proper for the effective administration of its duties under this chapter.

SECTION 6. Section 442.0055, Government Code, is amended to read as follows:

Sec. 442.0055. AFFILIATED NONPROFIT ORGANIZATION; RULES; GUIDELINES. (a) The commission, land office, or library and archives commission shall adopt rules governing the relationship between the agency [commission] and an affiliated nonprofit organization formed under Section 442.005(p), including rules that, at a minimum:

(1) define the extent to which the agency's [commission] employees with regulatory responsibilities, including the executive director, may participate in activities that raise funds for an affiliated nonprofit organization, which may not include the direct solicitation of funds; and

(2) define the relationship between the agency's [commission] employees and an affiliated nonprofit organization.

(b) The commission, land office, or library and archives commission shall establish guidelines for identifying and defining the administrative and financial support the commission, land office, or library and archives commission, as applicable, may provide for an affiliated nonprofit organization formed under Section 442.005(p).

SECTION 7. Section 442.008, Government Code, is amended to read as follows:

Sec. 442.008. COUNTY COURTHOUSES. (a) A county may not demolish, sell, lease, or damage the historical or architectural integrity of any building that serves or has served as a county courthouse without notifying the land office [commission] of the intended action at least six months before the date on which it acts.

(b) If the land office [commission] determines that a courthouse has historical significance worthy of preservation, the land office [commission] shall notify the commissioners court of the county of that fact not later than the 30th day after the date on which the land office [commission] received notice from the county. A county may not demolish, sell, lease, or damage the historical or architectural integrity of a courthouse before the 180th day after the date on which it received notice from the land office [commission]. The land office [commission] shall cooperate with any interested person during the 180-day period to preserve the historical integrity of the courthouse.

(c) A county may carry out ordinary maintenance of and repairs to a courthouse without notifying the land office [commission].

SECTION 8. Section 442.0081, Government Code, is amended to read as follows:

Sec. 442.0081. HISTORIC COURTHOUSE PRESERVATION AND MAINTENANCE PROGRAMS; GRANTS AND LOANS. (a) The land office [commission] shall administer a historic courthouse preservation program.

(b) A county that owns a historic courthouse may apply to the land office [commission] for a grant or loan for a historic courthouse project. The application must:

(1) state the location of the courthouse;

(2) state whether the courthouse is or is likely to become a historic structure;

(3) state the amount of money or in-kind contributions that the county promises to contribute to the project;

(4) state whether the courthouse is currently functioning as a courthouse;

(5) include any plans, including a master preservation plan, that the county may have for the project; and

(6) include any other information that the land office [commission] by rule may require.

(c) The land office [commission] may grant or loan money to a county that owns a historic courthouse, for the purpose of preserving or restoring the courthouse, if the county's application meets the standards of the historic courthouse preservation program. In considering whether to grant an application, the land office [commission] shall consider the preferences and factors listed in this section as well as any other factors that it may provide by rule.

(d) In considering whether to grant an application, the land office [commission] shall give preference to:

(1) a proposed project to preserve or restore a courthouse:

(A) that is or is likely to become a historic structure; and

(B) that:

(i) is still functioning as a courthouse;

(ii) was built before 1875; or

(iii) is subject to a conservation easement held by the land office [commission]; and

(2) a county that will provide or has provided at least 15 percent of the project's costs, including:

(A) in-kind contributions; and

(B) previous expenditures for master planning and renovations on the courthouse that are the subject of the application.

(e) In considering whether to grant an application, the land office [commission] shall also consider the following factors:

(1) the amount of money available for a grant or loan and the percentage of the costs that the county will contribute;

(2) whether the county will contribute any in-kind contribution such as labor or materials;

(3) the cost to preserve or restore the courthouse;

(4) the architectural style of the courthouse;

(5) the historic significance of the courthouse;

(6) the county's master preservation plan; and

(7) any other factors that the land office [commission] by rule may provide.

(f) The land office [commission] shall adopt rules regarding the way in which it will consider the following factors in analyzing a county's contribution to project costs under Subsection (d)(2):

(1) the period during which past expenditures can be considered;

(2) the amount of past expenditures that can be considered; and

(3) the amount and type of in-kind contributions that can be considered.

(g) The land office [commission] shall appoint a Texas Courthouse Preservation Program Advisory Committee. The committee shall assist the land office [commission] on matters relating to the historic courthouse preservation program. The land office [commission] may reimburse a committee member's travel expenses and provide a per diem for other expenses from funds appropriated to the land office [commission], but not from funds in the historic courthouse preservation fund account created by this chapter. Chapter 2110 applies to the committee, but the committee must include:

(1) members from the different geographical areas of the state;

(2) an equal number of members from counties with a population of:

(A) 24,999 or less;

(B) 25,000 to 75,000; and

(C) 75,001 or more; and

(3) at least the following members:

(A) one or more elected county officials;

(B) one or more members of historical organizations or persons with knowledge of and experience in preservation who are not elected county officials; and

(C) one or more members of the general public who do not meet the requirements of Paragraph (A) or (B).

(g-1) To help protect courthouses that have benefited from the historic courthouse preservation program, the land office [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 land office [commission] shall adopt rules necessary to implement the historic courthouse preservation and maintenance programs.

SECTION 9. Sections 442.0082(a), (b), (c), and (e), Government Code, are amended to read as follows:

(a) Before incurring any expenses payable from funds received from the land office [commission] under the historic courthouse preservation program, a county must have a master preservation plan for its historic courthouse project. The land office [commission] by rule shall prescribe the minimum standards for a master preservation plan.

(b) A county that receives money under the historic courthouse preservation program must use recognized preservation standards for work on a historic courthouse project. The land office [commission] by rule shall establish standards regarding the quality of the work performed on a historic courthouse project.

(c) A county that receives money under the historic courthouse preservation program for a historic courthouse project may use the money only for eligible preservation and restoration expenses that the land office [commission] by rule shall prescribe. Eligible expenses may include costs for:

(1) structural, mechanical, electrical, and plumbing systems and weather protection and emergency public safety issues not covered by insurance;

(2) code and environmental compliance, including complying with the federal Americans with Disabilities Act of 1990 and its subsequent amendments, Chapter 469 [Article 9102, Revised Statutes], and other state laws relating to accessibility standards, hazardous materials mitigation rules, and other similar concerns;

(3) replication of a missing architectural feature;

(4) removal of an inappropriate addition or modification; and

(5) restoration of a courtroom or other significant public space in a functional and historically appropriate manner.

(e) The land office [commission] by rule shall provide for oversight procedures on a project. These rules shall provide for reasonable inspections by the land office [commission] as well as periodic reports by a county on a project's progress.

SECTION 10. Sections 442.0083(a), (b), (c), (d), (f), (g), and (h), Government Code, are amended to read as follows:

(a) The historic courthouse preservation fund account is a separate account in the general revenue fund. The account consists of transfers made to the account, payments on loans made under the historic courthouse preservation program, grants and donations made for the purposes of the historic courthouse preservation program, and income earned on investments of money in the account. Appropriations to the land office [commission] for the historic courthouse preservation program shall be deposited to the credit of the account. Notwithstanding Section 404.071, income earned on money in the account shall be deposited to the credit of the account.

(b) Except as otherwise provided by Subsection (c), the land office [commission] may use money in the historic courthouse preservation fund account to provide a grant or loan to a county that owns a historic courthouse for a historic courthouse project. The grant or loan may be in the amount and according to the terms that the land office [commission] by rule shall determine.

(c) The land office [commission] may use money in the historic courthouse preservation fund account to provide a loan under the historic courthouse preservation program only to the extent that the legislature provides in the General Appropriations Act that money appropriated to the land office [commission] for the program may be used to make loans.

(d) As a condition for providing the money under this section, the land office [commission] may require creation of a conservation easement in the property, as provided by Chapter 183, Natural Resources Code, in favor of the state and may require creation of other appropriate covenants in favor of the state. The land office [commission] may take any necessary action to enforce repayment of a loan or any other agreements made under this section and Sections 442.0081 and 442.0082.

(f) Biennial appropriations to the land office [commission] for administering the historic courthouse preservation and maintenance programs during a state fiscal biennium, including providing oversight for historic courthouse projects, may not exceed 2-1/2 percent of the amount appropriated for implementing the historic courthouse preservation and maintenance programs during the state fiscal biennium.

(g) The land office [commission] by rule may set a limit on the loan amount for a historic courthouse project. This amount may be expressed as a dollar amount or as a percentage of the total amount appropriated for implementing the historic courthouse preservation program during the state fiscal biennium.

(h) The land office [commission] may accept a gift, grant, or other donation for the historic courthouse preservation program or a specific historic courthouse project.

SECTION 11. Sections 442.0084(b) and (c), Government Code, are amended to read as follows:

(b) To ensure that the diverse history of Texas is accurately represented on land owned by the state other than the Capitol Complex, the library and archives commission [Texas Historical Commission] shall:

(1) collect information relating to each monument on land owned by the state other than the Capitol Complex; and

(2) in cooperation with the chair of the history department at Prairie View A&M University, at The University of Texas at Austin, or at any other land grant university in the state, as determined by the library and archives commission, ensure the:

(A) historical accuracy of the monuments; and

(B) equitable representation of all Texans, including African slaves, African Americans, Hispanic Americans, Native Americans, women in Texas history, and Texans exemplifying military service and rural heritage in monuments on land owned by the state other than the Capitol Complex.

(c) The library and archives commission shall make the information collected under this section available to the public.

SECTION 12. Section 442.0085, Government Code, is amended to read as follows:

Sec. 442.0085. STATE REGISTER OF HISTORIC PLACES. (a) The library and archives commission shall develop and maintain a state register of historic places using existing statutory classifications of those places, including Recorded Texas Historic Landmarks, National Register listings, subject markers, and state archeological landmarks.

(b) The library and archives commission shall adopt rules to implement this section.

SECTION 13. Section 442.0086, Government Code, is amended to read as follows:

Sec. 442.0086. MILITARY SITES PROGRAM. (a) The library and archives commission shall identify sites in and outside this state that are historically significant to this state because of:

(1) military action or service at the sites; or

(2) other significant events of a military nature at the sites that shaped the history of this state.

(b) In carrying out its duties under Subsection (a), the library and archives commission shall assist other governmental entities, including other states, institutions, organizations, and other entities in identifying military sites outside this state where Texans served with distinction.

(c) The library and archives commission may designate or encourage the designation of sites identified under Subsections (a) and (b) through existing history programs, including:

(1) local community landmark programs;

(2) the state historical marker program under Section 442.006;

(3) the National Register of Historic Places;

(4) the National Historic Landmarks program;

(5) the World Heritage List; and

(6) other appropriate programs.

(d) The library and archives commission may provide information regarding the significance of the sites designated under this section using:

(1) historical markers and monuments;

(2) publications and films; and

(3) other appropriate media.

(e) The library and archives commission may seek assistance from other state and local governmental entities in carrying out the library and archives commission's duties under this section.

(f) The library and archives commission may seek and accept gifts, grants, and donations from public or private sources, including seeking available federal funds, to accomplish the purposes of this section.

SECTION 14. Section 442.0087, Government Code, is amended to read as follows:

Sec. 442.0087. FORT BLISS MUSEUM AND STUDY CENTER. (a) The library and archives commission may assist Fort Bliss Military Reservation in El Paso in the establishment and operation at Fort Bliss of a museum and study center devoted to the history of the United States air defense system.

(b) To accomplish the purposes of this section, the library and archives commission may:

(1) seek and accept gifts, grants, and donations of funds or property from public and private sources, including seeking available federal funds; and

(2) contribute funds appropriated to the library and archives commission for the purpose.

(c) The library and archives commission may provide assistance and contribute funds under this section only if the library and archives commission receives appropriate assurances that, subject to the security requirements of the military reservation, the museum and study center will be open for use by the general public.

SECTION 15. Section 442.0145, Government Code, is amended to read as follows:

Sec. 442.0145. TEXAS HISTORICAL ARTIFACTS PROGRAM; FUND. (a) The library and archives commission shall administer a program to assist municipalities, counties, museums, and county historical commissions with:

(1) the development or improvement of museum facilities used to display historical artifacts discovered in Texas that are significant in Texas or American history; and

(2) the acquisition of historical artifacts discovered in Texas that are significant in Texas or American history.

(b) The Texas Historical Artifacts Program fund is created as a separate account in the general revenue fund. The fund is composed of money appropriated to the fund, money deposited to the fund under Subsection (c), and interest received from investments of money in the fund that the comptroller shall allocate to the fund. Sections 403.095 and 404.071 do not apply to the fund or to interest received from investments of money in the fund. Money in the fund may be spent only as provided by the library and archives commission under this section.

(c) The library and archives commission may accept, for deposit in the Texas Historical Artifacts Program fund, grants or other donations from any source.

(d) The library and archives commission shall establish rules governing the use, administration, and distribution of the Texas Historical Artifacts Program fund. The rules must ensure that money in the fund is used only for the purposes prescribed by Subsection (a), including paying the expenses of administering the program.

SECTION 16. Sections 442.015(a), (b), (c), (d), (f), and (g), Government Code, are amended to read as follows:

(a) Notwithstanding Sections 403.094 and 403.095, the Texas preservation trust fund account is a separate account in the general revenue fund. The account consists of transfers made to the account, loan repayments, grants and donations made for the purposes of this program, proceeds of sales, earnings on the account, and any other money received under this section. Distributions from the account may be used only for the purposes of this section and may not be used to pay operating expenses of the land office [commission]. Money allocated to the land office's [commission's] historic preservation grant program shall be deposited to the credit of the account. Earnings on the account shall be deposited to the credit of the account.

(b) The land office [commission] may use distributions from the Texas preservation trust fund account to provide financial assistance to public or private entities for the acquisition, survey, restoration, or preservation, or for planning and educational activities leading to the preservation, of historic property in the state that is listed in the National Register of Historic Places or designated as a State Archeological Landmark or Recorded Texas Historic Landmark, or that the land office [commission] determines is eligible for such listing or designation. The financial assistance may be in the amount and form and according to the terms that the land office [commission] by rule determines. The land office [commission] shall give priority to property the land office [commission] determines to be endangered by demolition, neglect, underuse, looting, vandalism, or other threat to the property. Gifts and grants deposited to the credit of the account specifically for any eligible projects may be used only for the type of projects specified. If such a specification is not made, the gift or grant shall be unencumbered and accrue to the benefit of the Texas preservation trust fund account. If such a specification is made, the entire amount of the gift or grant may be used during any period for the project or type of project specified.

(c) As a condition of providing financial assistance under this section, the land office [commission] shall require the creation of a preservation easement in the property, as provided by Chapter 183, Natural Resources Code, in favor of the state, the designation of the property as a State Archeological Landmark, as provided by Chapter 191, Natural Resources Code, or the creation of other appropriate covenants in favor of the state. The land office [commission] may take any necessary action to enforce repayment of a loan made under this section.

(d) The land office [commission], after considering the recommendations of the governor, lieutenant governor, and speaker of the house of representatives, shall appoint an advisory board composed of:

(1) one representative of a bank or savings and loan association;

(2) one attorney with a recognized background in historic preservation;

(3) two architects with substantial experience in historic preservation;

(4) two archeologists with substantial experience in Texas archeology;

(5) one real estate professional with experience in historic preservation;

(6) two persons with demonstrated commitment to historic preservation; and

(7) two directors of nonprofit historic preservation organizations.

(f) The advisory board shall recommend to the land office [commission] rules for administering Subsections (a)-(e).

(g) The land office [commission] may accept grants or other donations of money or other property and services from any source. Money received under this subsection shall be deposited to the credit of the Texas preservation trust fund account.

SECTION 17. Section 442.0155, Government Code, is amended to read as follows:

Sec. 442.0155. FUNDS SUBJECT TO STATE FUNDS REFORM ACT. All money paid to the commission, department, land office, or library and archives commission under this chapter is subject to Subchapter F, Chapter 404.

SECTION 18. Sections 442.016(b), (d), (f), (g), and (h), Government Code, are amended to read as follows:

(b) A person is liable to the land office [commission] for damages if the person:

(1) demolishes, causes to be demolished, or otherwise adversely affects the structural, physical, or visual integrity of a historic structure or property that is not located in a municipality that has a demolition permit and a building permit procedure; and

(2) does not obtain written permission from the land office [commission] before beginning to demolish, cause the demolition of, or otherwise adversely affect the structural, physical, or visual integrity of the structure or property.

(d) Instead of accepting monetary damages, the land office [commission] may permit the liable person to construct, using as many of the original materials as possible, a structure or property that is a reasonable facsimile of the demolished historic structure or property or to restore, using as many of the original materials as possible, the historic structure or property and to pay the cost of attorney's, architect's, and appraiser's fees and other costs related to the enforcement of this section.

(f) The construction of a facsimile structure or property under Subsection (d) must be undertaken at the location designated by the land office [commission], which may be the same location as that of the demolished historic structure or property.

(g) The land office [commission] may make contracts and adopt rules as necessary to carry out this section.

(h) The land office [commission] shall file in the real property records of the county clerk's office in each county in which a historic structure or property that is included on the National Register of Historic Places or that is designated as a Recorded Texas Historic Landmark is located a verified written instrument listing each structure or property located in that county by:

(1) the street address, if available in the land office [commission] files;

(2) the legal description of the real property on which the structure or property is located; and

(3) the name of the owner of the real property, if available in the land office [commission] files.

SECTION 19. Section 442.017, Government Code, is amended to read as follows:

Sec. 442.017. IDENTIFICATION AND PRESERVATION OF ABANDONED CEMETERIES. (a) The library and archives commission should establish a program to identify and preserve abandoned cemeteries across the state.

(b) The library and archives commission is encouraged to use volunteers to the maximum extent possible to implement the program and to model the program to the extent appropriate on the "Adopt-A-Beach" program conducted by the General Land Office.

(c) The library and archives commission may accept gifts, grants, and in-kind donations from public and private entities for the implementation of the program. The legislature may appropriate money to the library and archives commission to implement the program.

(d) The library and archives commission may adopt rules reasonably necessary to implement the program.

SECTION 20. Section 442.018, Government Code, is amended to read as follows:

Sec. 442.018. IDENTIFICATION AND PRESERVATION OF TEXAS UNDERGROUND RAILROAD HISTORICAL SITES. (a) The library and archives commission should establish a program to identify and preserve Texas Underground Railroad Historical Sites.

(b) The library and archives commission is encouraged to use volunteers to the maximum extent possible to implement the program and to model the program to the extent appropriate on the "Adopt-A-Beach" program conducted by the General Land Office.

(c) The library and archives commission may accept gifts, grants, and in-kind donations from public and private entities for the implementation of the program. The legislature may appropriate money to the library and archives commission to implement the program.

(d) The library and archives commission may adopt rules reasonably necessary to implement the program.

SECTION 21. Section 442.072(a), Government Code, is amended to read as follows:

(a) The following historic sites and parks [formerly under the jurisdiction of the Parks and Wildlife Department] are under the commission's jurisdiction:

(1) Acton State Historic Site;

(2) Caddoan Mounds State Historic Site;

(3) Casa Navarro State Historic Site;

(4) Confederate Reunion Grounds State Historic Site;

(5) Eisenhower Birthplace State Historic Site;

(6) Fannin Battleground State Historic Site;

(7) Fort Griffin State Historic Site;

(8) Fort Lancaster State Historic Site;

(9) Fort McKavett State Historic Site;

(10) Fulton Mansion State Historic Site;

(11) Landmark Inn State Historic Site;

(12) Levi Jordan State Historic Site;

(13) Magoffin Home State Historic Site;

(14) Sabine Pass Battleground State Historic Site;

(15) Sam Bell Maxey House State Historic Site;

(16) San Felipe State Historic Site;

(17) Starr Family Home State Historic Site;

(18) Varner-Hogg Plantation State Historic Site.

SECTION 22. Section 318.001, Local Government Code, is amended to read as follows:

Sec. 318.001. DEFINITIONS [DEFINITION]. In this subchapter:

(1) "Commission"[, "commission"] means the county historical commission.

(2) "Texas Historical Commission" means the Texas State Library and Archives Commission.

SECTION 23. Section 191.003(1), Natural Resources Code, is amended to read as follows:

(1) "Committee" means the Parks and Wildlife [Texas Historical] Commission.

SECTION 24. Sections 13.005(c) and (d), Parks and Wildlife Code, are amended to read as follows:

(c) The department shall formulate plans for the preservation and development of historical sites. Before formulating a plan for a specific site, the department shall conduct an archeological survey of the site. In formulating plans, the department shall:

(1) consider the results from the archeological survey for the site if the plan is for a specific site;

(2) consider the resources necessary to manage a site; and

(3) meet with and consider comments made by the General Land Office [Texas Historical Commission].

(d) The department [and the Texas Historical Commission] shall [form a joint panel to] establish criteria for determining whether a site is of statewide significance under Subsection (a) and to promote the continuity of a historic sites program.

SECTION 25. The following provisions are repealed:

(1) Sections 442.002, 442.0021, 442.0022, 442.0023, 442.003, and 442.004, Government Code;

(2) Sections 442.005(l), (s), and (t), Government Code;

(3) Sections 442.009, 442.0095, 442.010, 442.014, 442.021, 442.022, 442.023, 442.025, 442.026, and 442.075, Government Code; and

(4) Section 13.0051, Parks and Wildlife Code.

SECTION 26. On September 1, 2011:

(1) the position of executive director of the Texas Historical Commission is abolished, except that the Parks and Wildlife Department may hire the executive director for a position in the department;

(2) an employee of the Texas Historical Commission becomes an employee of the Parks and Wildlife Department unless otherwise specifically provided by the transition plan under Section 28 of this Act;

(3) except as otherwise provided by this Act, a reference in law to the Texas Historical Commission means the Parks and Wildlife Commission;

(4) all money, contracts, leases, rights, and obligations of the Texas Historical Commission are transferred to the Parks and Wildlife Commission unless otherwise specifically provided by the transition plan under Section 28 of this Act;

(5) all property, including records, in the custody of the Texas Historical Commission becomes the property of the Parks and Wildlife Commission unless otherwise specifically provided by the transition plan under Section 28 of this Act; and

(6) all funds appropriated by the legislature to the Texas Historical Commission are transferred to the Parks and Wildlife Commission unless otherwise specifically provided by the transition plan under Section 28 of this Act.

SECTION 27. All functions and activities performed by the Texas Historical Commission are transferred to the Parks and Wildlife Commission, the General Land Office, and the Texas State Library and Archives Commission, as appropriate, as provided by this Act.

SECTION 28. The Texas Historical Commission and the Parks and Wildlife Commission, the Parks and Wildlife Department, the General Land Office, and the Texas State Library and Archives Commission shall establish a transition plan for the transfer described in Sections 26 and 27 of this Act.

SECTION 29. This Act takes effect September 1, 2011.