By: Paddie (Senate Sponsor - Buckingham) H.B. No. 1422
         (In the Senate - Received from the House April 8, 2019;
  April 9, 2019, read first time and referred to Committee on Natural
  Resources & Economic Development; April 26, 2019, reported
  adversely, with favorable Committee Substitute by the following
  vote:  Yeas 10, Nays 0; April 26, 2019, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1422 By:  Birdwell
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the continuation and functions of the Texas Historical
  Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 442.002(k), Government Code, is amended
  to read as follows:
         (k)  The Texas Historical Commission is subject to Chapter
  325 (Texas Sunset Act). Unless continued in existence as provided
  by that chapter, the commission is abolished and this chapter
  expires September 1, 2031 [2019].
         SECTION 2.  Section 442.0021, Government Code, is amended by
  amending Subsection (b) and adding Subsection (d) to read as
  follows:
         (b)  The training program must provide the person with
  information regarding:
               (1)  the law governing [legislation that created the]
  commission operations;
               (2)  the programs, functions, rules, and budget of the
  commission;
               (3)  the scope of and limitations on the rulemaking
  authority of the commission;
               (4)  the results of the most recent formal audit of the
  commission;
               (5) [(4)]  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing conflicts of
  interest; and
                     (B)  other laws applicable to members of the
  commission in performing their duties; and
               (6) [(5)]  any applicable ethics policies adopted by
  the commission or the Texas Ethics Commission.
         (d)  The executive director of the commission shall create a
  training manual that includes the information required by
  Subsection (b).  The executive director shall distribute a copy of
  the training manual annually to each member of the commission.  Each
  member of the commission shall sign and submit to the executive
  director a statement acknowledging that the member received and has
  reviewed the training manual.
         SECTION 3.  Subchapter A, Chapter 442, Government Code, is
  amended by adding Sections 442.0045 and 442.0088 to read as
  follows:
         Sec. 442.0045.  DELEGATION OF CERTAIN POWERS AND DUTIES.
  (a) Except as provided by Subsection (b), the commission by order
  or rule may delegate to the executive director the authority to
  perform the duties or exercise the powers of the commission under
  this chapter or other law, including Chapter 191, Natural Resources
  Code.
         (b)  The commission may not delegate to the executive
  director the following powers and duties:
               (1)  proposing and adopting commission policies and
  rules;
               (2)  developing and approving the commission's
  strategic plan under Chapter 2056 and annual operations plan and
  periodically updating and reviewing those plans;
               (3)  approving the commission's legislative
  appropriations request;
               (4)  approving the commission's biennial budget and any
  significant amendments to that budget;
               (5)  approving the statewide comprehensive
  preservation plan;
               (6)  providing information to the legislature
  regarding the commission's budget and policies;
               (7)  hiring, evaluating, terminating, and setting the
  compensation of the executive director;
               (8)  formally accepting gifts and grants to the
  commission;
               (9)  establishing advisory committees and appointing
  the members of those committees;
               (10)  designating, and removing the designation of,
  State Archeological Landmarks;
               (11)  excusing a commissioner's absence from a meeting
  of the commission;
               (12)  approving the designation and removal of Recorded
  Texas Historic Landmarks, historic cemeteries, and Official Texas
  Historical Markers;
               (13)  designating official main street cities;
               (14)  awarding historic courthouse preservation
  program grants, certified local government grants, Texas
  preservation trust fund account grants, and all other grants;
               (15)  selecting the winners of the governor's award for
  historic preservation and other competitive statewide awards
  awarded by the commission;
               (16)  approving curatorial facilities to hold
  state-associated collections that are held in trust;
               (17)  acquiring and disposing of real property;
               (18)  establishing fees for commission services;
               (19)  approving amendments to contracts entered into by
  the commission if the amendment extends the contract by six or more
  months or increases the contract price by 10 percent or more;
               (20)  identifying and defining the relationship
  between the commission and any affiliated nonprofit organization;
               (21)  raising issues regarding the performance of the
  commission's staff and the operation of agency programs with the
  chair, the executive director, or the appropriate deputy executive
  director;
               (22)  determining whether a property offered to the
  commission should be accepted into the commission's land banking
  program or as a historic site; and
               (23)  recommending, in partnership with the Texas State
  Historical Association, a nominee for appointment by the governor
  as state historian.
         (c)  A delegation under this section may be amended or
  withdrawn by commission vote.
         Sec. 442.0088.  TEXAS HERITAGE TRAILS PROGRAM. (a) The
  Texas Historical Commission may establish and administer the Texas
  Heritage Trails Program to promote tourism to heritage and cultural
  attractions in this state.
         (b)  The commission may contract with one or more nonprofit
  organizations to fulfill the commission's duties under this
  section.
         (c)  The commission shall adopt rules to administer the Texas
  Heritage Trails Program, including rules defining the principles of
  heritage tourism and relating to contracts the commission enters
  into with nonprofit organizations.  Rules adopted under this
  subsection relating to contracts with nonprofit organizations must
  require each contract to clearly establish:
               (1)  the role of the nonprofit organization in
  promoting heritage tourism;
               (2)  the nature of the relationship between the
  commission and the nonprofit organization;
               (3)  the performance expectations for the nonprofit
  organization;
               (4)  requirements and expectations regarding the
  nonprofit organization's employees;
               (5)  the commission's expectations regarding ownership
  of any literature, media, or other products developed or produced
  by the nonprofit organization to promote heritage tourism during
  the course of the contract;
               (6)  the commission's long-term goals for the program
  and the nonprofit organization's role in meeting those goals;
               (7)  a system for evaluating the nonprofit
  organization's overall performance, including the organization's
  effectiveness in meeting the performance expectations described by
  Subdivision (3); and
               (8)  the types of support, other than financial
  support, the commission will provide to the nonprofit organization
  to assist in the implementation and administration of the Texas
  Heritage Trails Program.
         SECTION 4.  Section 442.072(a), Government Code, is amended
  to read as follows:
         (a)  The following historic sites and parks 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)  Fanthorp Inn State Historic Site;
               (8)  Fort Griffin State Historic Site;
               (9) [(8)]  Fort Lancaster State Historic Site;
               (10) [(9)]  Fort McKavett State Historic Site;
               (11) [(10)]  Fulton Mansion State Historic Site;
               (12) [(11)]  Landmark Inn State Historic Site;
               (13) [(12)]  Levi Jordan State Historic Site;
               (14)  Lipantitlan State Historic Site;
               (15) [(13)]  Magoffin Home State Historic Site;
               (16)  Mission Dolores State Historic Site;
               (17)  Monument Hill and Kreische Brewery State Historic
  Sites;
               (18)  National Museum of the Pacific War;
               (19) [(14)]  Sabine Pass Battleground State Historic
  Site;
               (20) [(15)]  Sam Bell Maxey House State Historic Site;
               (21)  Sam Rayburn House State Historic Site;
               (22) [(16)]  San Felipe State Historic Site;
               (23) [(17)]  Starr Family Home State Historic Site;
               (24) [(18)]  Varner-Hogg Plantation State Historic
  Site;
               (25)  Washington-on-the-Brazos State Historic Site;
  and
               (26)  [(19)  Sam Rayburn House State Historic Site;
               [(20)  National Museum of the Pacific War;
               [(21)]  the property known as the French Legation[; and
               [(22)  Mission Dolores State Historic Site].
         SECTION 5.  Chapter 442, Government Code, is amended by
  adding Subchapter F, and a heading is added to that subchapter to
  read as follows:
  SUBCHAPTER F. SAN JACINTO BATTLEGROUND STATE HISTORIC SITE
         SECTION 6.  Sections 22.011 and 22.016, Parks and Wildlife
  Code, are transferred to Subchapter F, Chapter 442, Government
  Code, as added by this Act, redesignated as Sections 442.251 and
  442.252, Government Code, and amended to read as follows:
         Sec. 442.251 [22.011].  JURISDICTION. (a) The San Jacinto
  Battleground State Historic Site is under the jurisdiction of the
  commission [department].
         (b)  The San Jacinto Battleground State Historic Site is a
  historic site for purposes of Subchapter C.
         Sec. 442.252 [22.016].  SAN JACINTO MUSEUM OF HISTORY
  ASSOCIATION. The San Jacinto Museum of History Association, a
  nonprofit historical association organized for the purposes of
  operating the San Jacinto Memorial Building and Tower and
  establishing a museum, retains ownership of property and historical
  data held in the name of the association and may acquire museum
  accessions by gift, grant, or purchase from association funds.
         SECTION 7.  Subchapter H, Chapter 22, Parks and Wildlife
  Code, is transferred to Chapter 442, Government Code, redesignated
  as Subchapter G, Chapter 442, Government Code, and amended to read
  as follows:
  SUBCHAPTER G [H]. PORT ISABEL LIGHTHOUSE STATE HISTORICAL MONUMENT
  AND PARK
         Sec. 442.271 [22.101].  JURISDICTION. (a) The Port Isabel
  Lighthouse is a state historical monument and park and is under the
  jurisdiction of the commission [department].
         (b)  The Port Isabel Lighthouse State Historical Monument
  and Park is a historic site for purposes of Subchapter C.
         Sec. 442.272 [22.102].  POWERS OF COMMISSION [DEPARTMENT].
  The commission [department] may rehabilitate, maintain, and
  preserve the property of the park, and may collect entrance fees for
  admission to the park or operate it on a concession basis under the
  provisions of this chapter [code].
         SECTION 8.  Subchapter Z, Chapter 2175, Government Code, is
  amended by adding Section 2175.909 to read as follows:
         Sec. 2175.909.  SALE OF CERTAIN HISTORIC PROPERTY; PROCEEDS
  OF SALE. (a) In this section, "qualifying collection" means an
  archeological, architectural, archival, decorative, or fine arts
  collection.
         (b)  This section applies only to a state agency:
               (1)  that maintains a qualifying collection;
               (2)  that is authorized to dispose of surplus or
  salvage property under Section 2175.065; and
               (3)  the governing body of which has adopted a written
  policy governing the care and preservation of the qualifying
  collection, including procedures relating to the deaccession of an
  item from the collection.
         (c)  The state agency may deaccession an item from the
  agency's qualifying collection if the governing body determines
  that deaccession of the item is appropriate under the agency's
  written policy governing the care and preservation of the
  collection.
         (d)  A state agency and the Texas Facilities Commission may
  sell a deaccessioned item in the manner provided by Subchapter D.
  Before the sale of the item, the Texas Facilities Commission must
  verify that the state agency's governing body complied with
  Subsection (c).
         (e)  Notwithstanding Section 2175.191, proceeds from the
  sale of the deaccessioned item by a state agency shall be deposited
  to the credit of a dedicated account in the general revenue fund in
  the manner prescribed by Subsection (f).
         (f)  The comptroller shall separately account for the amount
  of money deposited to the credit of the account under Subsection (e)
  resulting from the sale of deaccessioned items by each state
  agency. Money deposited to the credit of the account may be
  appropriated only to the state agency for which the comptroller
  deposited the money to the account for the care and preservation of
  the agency's qualifying collection.
         SECTION 9.  Section 21.104, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 21.104.  CONTRACTS AUTHORIZED. The department may
  contract with any state or federal agency or with any other person
  to accomplish the functions prescribed by Sections 21.102(1) and
  (2) [Subdivisions (1) and (2) of Section 22.102 of this code].
         SECTION 10.  Section 151.801(c), Tax Code, is amended to
  read as follows:
         (c)  The proceeds from the collection of the taxes imposed by
  this chapter on the sale, storage, or use of sporting goods shall be
  deposited as follows:
               (1)  an amount equal to 93.4 [94] percent of the
  proceeds shall be credited to the Parks and Wildlife Department and
  deposited as specified in the Parks and Wildlife Code; and
               (2)  an amount equal to 6.6 [six] percent of the
  proceeds shall be credited to the Texas Historical Commission and
  deposited as specified in Section 442.073, Government Code.
         SECTION 11.  The following provisions are repealed:
               (1)  Section 442.0081(g), Government Code;
               (2)  Sections 442.015(d), (e), and (f), Government
  Code;
               (3)  Subchapter A, Chapter 22, Parks and Wildlife Code;
               (4)  the heading to Subchapter B, Chapter 22, Parks and
  Wildlife Code; and
               (5)  Sections 22.012, 22.013, 22.014, and 22.015, Parks
  and Wildlife Code.
         SECTION 12.  (a) Except as provided by Subsection (b) of
  this section, Section 442.0021, Government Code, as amended by this
  Act, applies to a member of the Texas Historical Commission
  appointed before, on, or after the effective date of this Act.
         (b)  A member of the Texas Historical Commission who, before
  the effective date of this Act, completed the training program
  required by Section 442.0021, Government Code, as that law existed
  before the effective date of this Act, is required to complete
  additional training only on subjects added by this Act to the
  training program as required by Section 442.0021, Government Code,
  as amended by this Act. A commission member described by this
  subsection may not vote, deliberate, or be counted as a member in
  attendance at a meeting of the commission held on or after December
  1, 2019, until the member completes the additional training.
         SECTION 13.  (a)  Not later than November 1, 2019, the Texas
  Historical Commission shall adopt rules under Section 442.0088,
  Government Code, as added by this Act.
         (b)  Section 442.0088(c), Government Code, as added by this
  Act, applies only to a contract relating to the Texas Heritage
  Trails Program that is entered into by the Texas Historical
  Commission and a nonprofit organization on or after the effective
  date of this Act.
         SECTION 14.  Section 2175.909, Government Code, as added by
  this Act, applies only to the deaccession of an item from a state
  agency's qualifying collection, as that term is defined by Section
  2175.909, that occurs on or after the effective date of this Act.
         SECTION 15.  (a) In this section, "historic site" means the:
               (1)  Fanthorp Inn State Historic Site;
               (2)  Lipantitlan State Historic Site;
               (3)  Monument Hill and Kreische Brewery State Historic
  Sites;
               (4)  Port Isabel Lighthouse State Historical Monument
  and Park;
               (5)  San Jacinto Battleground State Historic Site; and
               (6)  Washington-on-the-Brazos State Historic Site.
         (b)  On September 1, 2019, the following are transferred to
  the Texas Historical Commission:
               (1)  each historic site described by Subsection (a) of
  this section and all obligations and liabilities of the Parks and
  Wildlife Department relating to those sites;
               (2)  all unobligated and unexpended funds appropriated
  to the Parks and Wildlife Department designated for the
  administration of those sites;
               (3)  all equipment and property of the Parks and
  Wildlife Department used for the administration of or related to
  those sites; and
               (4)  all files and other records of the Parks and
  Wildlife Department kept by the department regarding those sites.
         (c)  A rule adopted by the Parks and Wildlife Commission that
  is in effect immediately before September 1, 2019, and that relates
  to a historic site is, on September 1, 2019, a rule of the Texas
  Historical Commission and remains in effect until amended or
  repealed by the Texas Historical Commission.
         (d)  The transfer under this section does not diminish or
  impair the rights of a holder of an outstanding bond or other
  obligation issued by the Parks and Wildlife Department in relation
  to the support of a historic site.
         (e)  Beginning September 1, 2019, a reference in the Parks
  and Wildlife Code or other law to a power, duty, obligation, or
  liability of the Parks and Wildlife Department or the Parks and
  Wildlife Commission that relates to a historic site is a reference
  to the Texas Historical Commission.  The Texas Historical
  Commission is the successor agency to the Parks and Wildlife
  Department and the Parks and Wildlife Commission for a historic
  site.
         (f)  Before September 1, 2019, the Parks and Wildlife
  Department may agree with the Texas Historical Commission to
  transfer any property of the Parks and Wildlife Department to the
  Texas Historical Commission to implement the transfer required by
  this section.
         (g)  Until a historic site is transferred to the Texas
  Historical Commission in accordance with this section, the Parks
  and Wildlife Department shall continue to operate and maintain the
  site under applicable law as it existed on January 1, 2018.
         (h)  This section takes effect immediately if this Act
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.
  If this Act does not receive the vote necessary for immediate
  effect, this section takes effect on the 91st day after the last day
  of the legislative session.
         SECTION 16.  Notwithstanding any other provision of this
  Act, if on or before September 1, 2019, the Parks and Wildlife
  Department has applied for a grant for which the department is
  required to possess legal title to the San Jacinto Battleground
  State Historic Site, the department may retain legal title to the
  site for purposes of receiving the grant until the earlier of:
               (1)  the date on which the grant application is denied;
  or
               (2)  September 1, 2021.
         SECTION 17.  Except as otherwise provided by this Act, this
  Act takes effect September 1, 2019.
 
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