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SECTION 1. Section
442.0081 of the Government Code is amended to read as follows:
Sec.
442.0081. HISTORIC COURTHOUSE PRESERVATION AND MAINTENANCE
PROGRAMS; GRANTS AND LOANS.
(a) The commission
shall administer a historic courthouse preservation program.
(b) A county or
municipality that owns a historic courthouse may apply to the
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 commission by rule may require.
(c) The commission
may grant or loan money to a county or municipality that owns a
historic courthouse, for the purpose of preserving or restoring the
courthouse, if the county's or municipality's application meets the
standards of the historic courthouse preservation program. In considering
whether to grant an application, the 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 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 commission; and
(2) a county or
municipality 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 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 or municipality will contribute;
(2) whether the
county or municipality 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 or
municipality's master preservation plan; and
(7) any other factors
that the commission by rule may provide.
(f) The commission
shall adopt rules regarding the way in which it will consider the following
factors in analyzing a county's or municipality'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 commission
shall appoint a Texas Courthouse Preservation Program Advisory Committee.
The committee shall assist the commission on matters relating to the
historic courthouse preservation program. The commission may reimburse a
committee member's travel expenses and provide a per diem for other expenses
from funds appropriated to the 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 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.
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SECTION 2. Sections
442.0081(b), (c), (d), (e), (f), and (g-1), Government Code, are amended to
read as follows:
(b) A county or
municipality that owns a historic courthouse may apply to the
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 or municipality 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 or municipality may have for the
project; and
(6) include any other
information that the commission by rule may require.
(c) The commission may grant
or loan money to a county or municipality that owns a historic
courthouse, for the purpose of preserving or restoring the courthouse, if
the county's or municipality's application meets the standards of
the historic courthouse preservation program. In considering whether to
grant an application, the 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 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 commission; and
(2) a county or
municipality 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 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 or municipality will contribute;
(2) whether the county or
municipality 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 or
municipality's master preservation plan; and
(7) any other factors that
the commission by rule may provide.
(f) The commission shall
adopt rules regarding the way in which it will consider the following
factors in analyzing a county's or municipality'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-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 and municipalities
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 and municipalities technical assistance
and information on best practices in maintaining the courthouses.
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SECTION 2. Section
442.0082 of the Government Code is amended to read as follows:
Sec. 442.0082. HISTORIC
COURTHOUSE PROJECT; REQUIREMENTS. (a) Before incurring any expenses
payable from funds received from the commission under the historic
courthouse preservation program, a county or municipality must have
a master preservation plan for its historic courthouse project. The
commission by rule shall prescribe the minimum standards for a master
preservation plan.
(b) A county or
municipality that receives money under the historic courthouse
preservation program must use recognized preservation standards for work on
a historic courthouse project. The commission by rule shall establish
standards regarding the quality of the work performed on a historic
courthouse project.
(c) A county or
municipality 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 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, 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.
(d) A county's or
municipality's expenditure of money received under this chapter for a
historic courthouse project is subject to audit by the state auditor in
accordance with Chapter 321.
(e) The commission
by rule shall provide for oversight procedures on a project. These rules
shall provide for reasonable inspections by the commission as well as
periodic reports by a county on a project's progress.
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SECTION 3. Section 442.0082,
Government Code, is amended to read as follows:
Sec. 442.0082. HISTORIC
COURTHOUSE PROJECT; REQUIREMENTS. (a) Before incurring any expenses
payable from funds received from the commission under the historic
courthouse preservation program, a county or municipality must have
a master preservation plan for its historic courthouse project. The
commission by rule shall prescribe the minimum standards for a master
preservation plan.
(b) A county or
municipality that receives money under the historic courthouse
preservation program must use recognized preservation standards for work on
a historic courthouse project. The commission by rule shall establish
standards regarding the quality of the work performed on a historic
courthouse project.
(c) A county or
municipality 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 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.
(d) A county's or
municipality's expenditure of money received under this chapter for a
historic courthouse project is subject to audit by the state auditor in
accordance with Chapter 321.
(e) The commission by rule
shall provide for oversight procedures on a project. These rules shall
provide for reasonable inspections by the commission as well as periodic
reports by a county or municipality
on a project's progress.
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