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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of a municipality for the Historic |
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Courthouse Preservation and Maintenance Programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1: Section 442.0081 of the Government Code is |
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amended to read as follows: |
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Sec. 442.0081. HISTORIC COURTHOUSE PRESERVATION AND MAINTENANCE |
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PROGRAMS; GRANTS AND LOANS. |
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(a) The commission shall administer a historic courthouse |
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preservation program. |
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(b) A county or municipality that owns a historic courthouse |
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may apply to the commission for a grant or loan for a historic |
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courthouse project. The application must: |
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(1) state the location of the courthouse; |
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(2) state whether the courthouse is or is likely to |
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become a historic structure; |
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(3) state the amount of money or in-kind contributions |
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that the county promises to contribute to the project; |
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(4) state whether the courthouse is currently |
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functioning as a courthouse; |
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(5) include any plans, including a master preservation |
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plan, that the county may have for the project; and |
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(6) include any other information that the commission |
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by rule may require. |
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(c) The commission may grant or loan money to a county or |
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municipality that owns a historic courthouse, for the purpose of |
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preserving or restoring the courthouse, if the county's or |
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municipality's application meets the standards of the historic |
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courthouse preservation program. In considering whether to grant |
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an application, the commission shall consider the preferences and |
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factors listed in this section as well as any other factors that it |
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may provide by rule. |
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(d) In considering whether to grant an application, the |
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commission shall give preference to: |
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(1) a proposed project to preserve or restore a |
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courthouse: |
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(A) that is or is likely to become a historic |
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structure; and |
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(B) that: |
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(i) is still functioning as a courthouse; |
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(ii) was built before 1875; or |
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(iii) is subject to a conservation easement |
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held by the commission; and |
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(2) a county or municipality that will provide or has |
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provided at least 15 percent of the project's costs, including: |
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(A) in-kind contributions; and |
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(B) previous expenditures for master planning |
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and renovations on the courthouse that are the subject of the |
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application. |
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(e) In considering whether to grant an application, the |
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commission shall also consider the following factors: |
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(1) the amount of money available for a grant or loan |
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and the percentage of the costs that the county or municipality will |
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contribute; |
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(2) whether the county or municipality will contribute |
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any in-kind contribution such as labor or materials; |
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(3) the cost to preserve or restore the courthouse; |
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(4) the architectural style of the courthouse; |
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(5) the historic significance of the courthouse; |
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(6) the county's or municipality's master preservation |
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plan; and |
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(7) any other factors that the commission by rule may |
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provide. |
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(f) The commission shall adopt rules regarding the way in |
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which it will consider the following factors in analyzing a |
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county's or municipality's contribution to project costs under |
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Subsection (d)(2): |
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(1) the period during which past expenditures can be |
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considered; |
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(2) the amount of past expenditures that can be |
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considered; and |
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(3) the amount and type of in-kind contributions that |
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can be considered. |
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(g) The commission shall appoint a Texas Courthouse |
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Preservation Program Advisory Committee. The committee shall |
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assist the commission on matters relating to the historic |
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courthouse preservation program. The commission may reimburse a |
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committee member's travel expenses and provide a per diem for other |
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expenses from funds appropriated to the commission, but not from |
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funds in the historic courthouse preservation fund account created |
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by this chapter. Chapter 2110 applies to the committee, but the |
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committee must include: |
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(1) members from the different geographical areas of |
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the state; |
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(2) an equal number of members from counties with a |
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population of: |
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(A) 24,999 or less; |
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(B) 25,000 to 75,000; and |
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(C) 75,001 or more; and |
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(3) at least the following members: |
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(A) one or more elected county officials; |
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(B) one or more members of historical |
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organizations or persons with knowledge of and experience in |
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preservation who are not elected county officials; and |
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(C) one or more members of the general public who |
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do not meet the requirements of Paragraph (A) or (B). |
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(g-1) To help protect courthouses that have benefited from |
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the historic courthouse preservation program, the commission shall |
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develop and implement a maintenance program to assist counties |
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receiving money under the preservation program in continuing to |
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maintain, repair, and preserve the courthouses. The maintenance |
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program may include offering to periodically inspect the |
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courthouses and offering counties technical assistance and |
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information on best practices in maintaining the courthouses. |
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(h) The commission shall adopt rules necessary to implement |
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the historic courthouse preservation and maintenance programs. |
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SECTION 2: Section 442.0082 of the Government Code is |
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amended to read as follows: |
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Sec. 442.0082. HISTORIC COURTHOUSE PROJECT; REQUIREMENTS. |
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(a) Before incurring any expenses payable from funds received from |
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the commission under the historic courthouse preservation program, |
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a county or municipality must have a master preservation plan for |
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its historic courthouse project. The commission by rule shall |
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prescribe the minimum standards for a master preservation plan. |
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(b) A county or municipality that receives money under the |
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historic courthouse preservation program must use recognized |
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preservation standards for work on a historic courthouse project. |
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The commission by rule shall establish standards regarding the |
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quality of the work performed on a historic courthouse project. |
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(c) A county or municipality that receives money under the |
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historic courthouse preservation program for a historic courthouse |
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project may use the money only for eligible preservation and |
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restoration expenses that the commission by rule shall prescribe. |
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Eligible expenses may include costs for: |
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(1) structural, mechanical, electrical, and plumbing |
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systems and weather protection and emergency public safety issues |
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not covered by insurance; |
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(2) code and environmental compliance, including |
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complying with the federal Americans with Disabilities Act of 1990 |
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and its subsequent amendments, Article 9102, Revised Statutes, and |
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other state laws relating to accessibility standards, hazardous |
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materials mitigation rules, and other similar concerns; |
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(3) replication of a missing architectural feature; |
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(4) removal of an inappropriate addition or |
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modification; and |
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(5) restoration of a courtroom or other significant |
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public space in a functional and historically appropriate manner. |
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(d) A county's or municipality's expenditure of money |
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received under this chapter for a historic courthouse project is |
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subject to audit by the state auditor in accordance with Chapter |
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321. |
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(e) The commission by rule shall provide for oversight |
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procedures on a project. These rules shall provide for reasonable |
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inspections by the commission as well as periodic reports by a |
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county on a project's progress. |
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SECTION 3: Section 442.0082 of the Government Code is |
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amended to read as follows: |
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Sec. 442.0083. FUNDING FOR HISTORIC COURTHOUSE |
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PRESERVATION PROGRAM; HISTORIC COURTHOUSE PRESERVATION FUND |
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ACCOUNT. (a) The historic courthouse preservation fund account is |
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a separate account in the general revenue fund. The account |
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consists of transfers made to the account, payments on loans made |
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under the historic courthouse preservation program, grants and |
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donations made for the purposes of the historic courthouse |
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preservation program, and income earned on investments of money in |
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the account. Appropriations to the commission for the historic |
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courthouse preservation program shall be deposited to the credit of |
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the account. Notwithstanding Section 404.071, income earned on |
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money in the account shall be deposited to the credit of the |
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account. |
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(b) Except as otherwise provided by Subsection (c), the |
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commission may use money in the historic courthouse preservation |
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fund account to provide a grant or loan to a county or municipality |
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that owns a historic courthouse for a historic courthouse project. |
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The grant or loan may be in the amount and according to the terms |
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that the commission by rule shall determine. |
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(c) The commission may use money in the historic courthouse |
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preservation fund account to provide a loan under the historic |
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courthouse preservation program only to the extent that the |
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legislature provides in the General Appropriations Act that money |
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appropriated to the commission for the program may be used to make |
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loans. |
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(d) As a condition for providing the money under this |
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section, the commission may require creation of a conservation |
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easement in the property, as provided by Chapter 183, Natural |
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Resources Code, in favor of the state and may require creation of |
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other appropriate covenants in favor of the state. The commission |
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may take any necessary action to enforce repayment of a loan or any |
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other agreements made under this section and Sections 442.0081 and |
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442.0082. |
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(e) A grant for a historic courthouse project may not exceed |
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the greater of $6 million or two percent of the amount appropriated |
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for implementing the historic courthouse preservation program |
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during the state fiscal biennium. |
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(f) Biennial appropriations to the commission for |
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administering the historic courthouse preservation and maintenance |
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programs during a state fiscal biennium, including providing |
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oversight for historic courthouse projects, may not exceed 2-1/2 |
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percent of the amount appropriated for implementing the historic |
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courthouse preservation and maintenance programs during the state |
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fiscal biennium. |
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(g) The commission by rule may set a limit on the loan amount |
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for a historic courthouse project. This amount may be expressed as |
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a dollar amount or as a percentage of the total amount appropriated |
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for implementing the historic courthouse preservation program |
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during the state fiscal biennium. |
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(h) The commission may accept a gift, grant, or other |
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donation for the historic courthouse preservation program or a |
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specific historic courthouse project. |
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SECTION 4: This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |