89R9434 GP-F
 
  By: Metcalf H.B. No. 4187
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority and responsibilities of the Texas
  Historical Commission; authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 442, Government Code, is
  amended by adding Section 442.0046 to read as follows:
         Sec. 442.0046.  AUTHORITY OF EXECUTIVE DIRECTOR TO ENTER
  CERTAIN CONTRACTS.  (a)  The executive director may negotiate with
  and award a contract for goods or services to any qualified vendor
  if the executive director:
               (1)  solicits bids for the goods or services through a
  competitive process in compliance with all applicable laws,
  including Chapters 2155, 2254, and 2269, that fails to result in
  competitive responsive bids;
               (2)  makes a written determination that resoliciting
  bids for the goods or services would:
                     (A)  be unlikely to result in responsive bids;
                     (B)  increase costs to the commission; or
                     (C)  delay the ability of the commission to
  address a critical need; and
               (3)  determines that the vendor meets the requirements
  of the original solicitation.
         (b)  To the extent practicable, the executive director may
  combine the procurement of multiple goods or services into a single
  competitively bid contract to enhance the contract's attraction for
  potential vendors.
         SECTION 2.  Section 442.005(p), Government Code, is amended
  to read as follows:
         (p)  The 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. The commission shall [may] participate in the
  establishment and operation of the [an] affiliated nonprofit
  organization described by Subchapter A-1 whose purpose is to raise
  funds for or provide services or other benefits to the commission.
         SECTION 3.  Subchapter A, Chapter 442, Government Code, is
  amended by adding Section 442.034 to read as follows:
         Sec. 442.034.  PRESERVATION, MAINTENANCE, AND REPAIR OF
  CERTAIN HISTORICAL MARKERS.  (a)  In this section:
               (1)  "Civil War centennial marker" means a marker
  installed as part of the celebration of the centennial of the Civil
  War.
               (2)  "Institution of higher education" and "university
  system" have the meanings assigned by Section 61.003, Education
  Code.
               (3)  "Marker" means a marker, monument, or other
  memorial installed on public or private property to commemorate an
  area, event, or person that is engraved with text or to which a
  plaque with text is attached.
               (4)  "Republic of Texas centennial marker" means a
  marker installed as part of the celebration of the centennial of the
  Republic of Texas.
         (b)  This section applies only to a Civil War centennial
  marker or a Republic of Texas centennial marker that was installed
  by or at the direction of:
               (1)  the former Centennial Commission;
               (2)  the former Texas Civil War Centennial Commission;
               (3)  the commission or a predecessor of the commission;
  or
               (4)  the Republic of Texas.
         (c)  A Civil War centennial marker or a Republic of Texas
  centennial marker is state property, regardless of whether the
  marker is located on public or private property.
         (d)  The commission has jurisdiction over and is responsible
  for the preservation, maintenance, and repair of Civil War
  centennial markers and Republic of Texas centennial markers.
         (e)  This section may not be construed as transferring
  ownership or control of, or the responsibility to preserve,
  maintain, or repair, a museum, exhibition building, or other
  building that is:
               (1)  associated with or located near a Civil War
  centennial marker or a Republic of Texas centennial marker; and
               (2)  owned or operated by a private entity,
  municipality, county, or institution of higher education or
  university system.
         SECTION 4.  Chapter 442, Government Code, is amended by
  adding Subchapter A-1 to read as follows:
  SUBCHAPTER A-1.  FRIENDS OF TEXAS HISTORICAL COMMISSION
         Sec. 442.041.  DEFINITION. In this subchapter,
  "organization" means the Friends of the Texas Historical
  Commission.
         Sec. 442.042.  PURPOSE.  (a) The organization is the
  affiliated nonprofit organization formed under Section 442.005(p).
         (b)  The commission shall designate the organization as the
  entity responsible for providing:
               (1)  services and other benefits to the commission; and
               (2)  financial support as requested by the commission
  and approved by the organization's board.
         Sec. 442.043.  RULES; GUIDELINES. (a)  The commission shall
  adopt rules:
               (1)  establishing guidelines under which the
  organization may solicit and accept sponsorships or donations from
  private entities in connection with commission activities;
               (2)  establishing best practices under which the
  organization may engage in business activities described by this
  subchapter, including procurement guidelines for the use of state
  money; and
               (3)  governing the relationship between the commission
  and the organization that, at a minimum:
                     (A)  define the extent to which commission
  employees with regulatory responsibilities, including the
  executive director, may participate in activities that raise funds
  for the organization, which may not include the direct solicitation
  of funds; and
                     (B)  define the relationship between commission
  employees and the organization.
         (b)  The commission shall establish guidelines for
  identifying and defining the administrative and financial support
  the commission may provide for the organization.
         Sec. 442.044.  AGREEMENTS. The organization and the
  commission may enter into an agreement for the following purposes:
               (1)  expanding, renovating, or improving historic
  sites or facilities, including through construction;
               (2)  maintaining, preserving, restoring, and
  protecting historical markers, monuments, and historic sites;
               (3)  promoting and conducting archeological studies;
               (4)  designing and fabricating exhibits and
  preserving, storing, and displaying artifacts, historical data,
  items of historical significance, and other items;
               (5)  creating interpretive and educational programs;
               (6)  acquiring additional artifacts, historical and
  marketing data, real estate, and items of historical significance
  relevant to state history, settlement, and culture and state
  historic sites; and
               (7)  supporting programming or providing financial
  support for projects of the commission.
         Sec. 442.045.  COLLECTION AND USE OF CERTAIN FEE AND REVENUE
  RECEIPTS. (a)  An agreement described by Section 442.044 may
  authorize the organization to:
               (1)  charge and collect fees in connection with the
  organization's activities, including fees for viewing special
  exhibits or films, attending programs or events, and using
  commission facilities or other facilities; and
               (2)  collect revenue from gift shop and concession
  sales.
         (b)  The organization shall hold, invest, manage, use, and
  apply money received from the fees and sales described by
  Subsection (a) only for the benefit of the commission and may
  exercise discretion, subject to the terms of an agreement described
  by Section 442.044, regarding business operations, exhibits,
  programming, management, preservation, restoration, and site
  development.
         Sec. 442.046.  OWNERSHIP AND ACQUISITION OF PROPERTY. The
  organization:
               (1)  retains ownership of property held in the name of
  the organization; and
               (2)  may acquire items by gift, grant, or purchase
  using the organization's money.
         Sec. 442.047.  DISPOSITION OF ORGANIZATION ASSETS ON
  DISSOLUTION. (a)  In the event of the organization's dissolution,
  the commission is the sole beneficiary of all items held in the
  organization's name that relate to the commission, except as
  otherwise provided by the organization's articles of incorporation
  or the terms of the gift or other transfer of the items to the
  organization.
         (b)  An item for which the commission is not the sole
  beneficiary must be clearly identified and described on an agreed
  list prepared jointly by the commission and the organization.
         Sec. 442.048.  CONFIDENTIALITY OF CERTAIN INFORMATION.  The
  name, address, and other identifying information of a person who
  makes a donation, including a gift, grant, or other financial
  contribution, to the organization is confidential and excepted from
  disclosure under Chapter 552.
         SECTION 5.  Section 442.072(a), Government Code, is amended
  to read as follows:
         (a)  The following historic sites in this state are under the
  commission's jurisdiction:
               (1)  Acton State Historic Site;
               (2)  Barrington Living History Farm State Historic
  Site;
               (3)  Bush Family Home State Historic Site;
               (4)  Caddo [Caddoan] Mounds State Historic Site;
               (5) [(3)]  Casa Navarro State Historic Site;
               (6) [(4)]  Confederate Reunion Grounds State Historic
  Site;
               (7) [(5)]  Eisenhower Birthplace State Historic Site;
               (8) [(6)]  Fannin Battleground State Historic Site;
               (9) [(7)]  Fanthorp Inn State Historic Site;
               (10) [(8)]  Fort Griffin State Historic Site;
               (11) [(9)]  Fort Lancaster State Historic Site;
               (12)  Fort Martin Scott State Historic Site;
               (13) [(10)]  Fort McKavett State Historic Site;
               (14)  French Legation State Historic Site;
               (15) [(11)]  Fulton Mansion State Historic Site;
               (16)  Goodnight Ranch State Historic Site;
               (17)  Harvey House State Historic Site;
               (18)  Iwo Jima Monument and Museum State Historic Site;
               (19)  Kreische Brewery State Historic Site;
               (20) [(12)]  Landmark Inn State Historic Site;
               (21) [(13)]  Levi Jordan State Historic Site;
               (22) [(14)]  Lipantitlan State Historic Site;
               (23) [(15)]  Magoffin Home State Historic Site;
               (24) [(16)]  Mission Dolores State Historic Site;
               (25) [(17)]  Monument Hill [and Kreische Brewery]
  State Historic Site [Sites];
               (26) [(18)]  National Museum of the Pacific War;
               (27)  Old Socorro Mission State Historic Site;
               (28)  Palmito Ranch Battlefield State Historic Site;
               (29)  Port Isabel Lighthouse State Historic Site;
               (30)  Presidio La Bahia State Historic Site;
               (31) [(19)]  Sabine Pass Battleground State Historic
  Site;
               (32) [(20)]  Sam Bell Maxey House State Historic Site;
               (33) [(21)]  Sam Rayburn House State Historic Site;
               (34) [(22)]  San Felipe de Austin State Historic Site;
               (35)  San Jacinto Battleground State Historic Site;
               (36)  Star of the Republic Museum State Historic Site;
               (37) [(23)]  Starr Family Home State Historic Site;
               (38)  Stephen F. Austin Memorial State Historic Site;
               (39) [(24)]  Varner-Hogg Plantation State Historic
  Site; and
               (40) [(25)]  Washington-on-the-Brazos State Historic
  Site[; and
               [(26)  the property known as the French Legation].
         SECTION 6.  Section 442.101(c), Government Code, is amended
  to read as follows:
         (c)  Except as authorized by Section 442.0046, the [The]
  commission by rule shall adopt policies and procedures consistent
  with Subchapter A, Chapter 2254, and other applicable state
  procurement practices for soliciting and awarding contracts under
  this section.
         SECTION 7.  Section 442.113, Government Code, is amended by
  amending Subsection (a) and adding Subsections (a-1) and (d) to
  read as follows:
         (a)  The Texas Historical Commission retail operations fund
  is a special fund established outside the state treasury as a fund
  to be held and administered by the comptroller as directed by the
  commission to provide support for commission retail operations
  under Section 442.112. The fund consists of revenue from
  commission retail operations and earned revenue operating receipts
  and may not include appropriated money.
         (a-1)  The commission may purchase goods for resale
  necessary to support the commission's retail operations using
  general revenue available to the commission for that purpose only
  until sufficient money is available in the fund established under
  this section to fully support retail operations.
         (d)  The commission's retail and earned revenue operations
  are considered auxiliary enterprises for purposes of Section
  2155.141.
         SECTION 8.  Chapter 442, Government Code, is amended by
  adding Subchapter D-1 to read as follows:
  SUBCHAPTER D-1. WASHINGTON-ON-THE-BRAZOS HISTORICAL FOUNDATION
         Sec. 442.151.  DEFINITION. In this subchapter, "foundation"
  means the Washington-on-the-Brazos Historical Foundation.
         Sec. 442.152.  PURPOSE OF FOUNDATION. (a)  The foundation is
  a nonprofit historical association organized for the purposes of
  supporting the operations of:
               (1)  the Washington-on-the-Brazos State Historic Site;
               (2)  the Fanthorp Inn State Historic Site;
               (3)  the Barrington Living History Farm State Historic
  Site; and
               (4)  the Star of the Republic Museum State Historic
  Site.
         (b)  The commission shall designate the foundation as the
  entity responsible for providing operational support for the sites
  described by Subsection (a) and engaging in related activities for,
  and providing financial support to, those sites.
         Sec. 442.153.  RESPONSIBILITIES OF FOUNDATION AND
  COMMISSION. The foundation and the commission shall enter into an
  agreement that establishes the:
               (1)  working relationship between the foundation and
  the commission in connection with the activities conducted at the
  sites described by Section 442.152(a);
               (2)  best practices under which the foundation may
  engage in business activities described by this subchapter,
  including procurement guidelines for the use of state money;
               (3)  relationship between the commission's employees
  and the foundation; and
               (4)  guidelines for identifying and defining the
  administrative and financial support the commission may provide in
  connection with the sites described by Section 442.152(a).
         Sec. 442.154.  AGREEMENTS REGARDING CERTAIN HISTORIC SITES.
  (a) The foundation and the commission may enter into an agreement
  regarding a site described by Section 442.152(a) for the following
  purposes:
               (1)  expanding, renovating, managing, maintaining,
  operating, or providing financial support for the site;
               (2)  maintaining, preserving, restoring, and
  protecting property located on the site;
               (3)  promoting and conducting archeological studies at
  the site;
               (4)  maintaining, repairing, renovating, restoring,
  improving, expanding, or equipping improvements at the site,
  including constructing new improvements;
               (5)  designing and fabricating exhibits and
  preserving, storing, and displaying artifacts, historical data,
  and items of historical significance, including artifacts, data,
  livestock, and items owned or held by the foundation, at the site;
               (6)  creating interpretive and educational programs
  regarding the site;
               (7)  acquiring additional artifacts, historical data,
  and items of historical significance relevant to the Texas
  Revolution and the period in which it occurred, and early Texas
  settlement and culture related to the site; and
               (8)  preserving, restoring, storing, and conserving
  artifacts, historical data, and items of historical significance
  related to the site.
         (b)  Subject to the terms of an agreement under this section,
  the foundation may exercise discretion regarding business
  operations, exhibits, programming, collection management,
  preservation, restoration, storage, and site development at the
  site that is the subject of the agreement.
         Sec. 442.155.  COLLECTION AND USE OF CERTAIN FEE AND REVENUE
  RECEIPTS. (a)  An agreement described by Section 442.154 may
  authorize the foundation to, at the site that is the subject of the
  agreement:
               (1)  charge and collect fees in connection with the
  foundation's activities at the site, including fees for viewing
  special exhibits or films, attending programs or events, and using
  the facilities at the site; and
               (2)  collect revenue from gift shop and concession
  sales at the site.
         (b)  The foundation shall hold, invest, manage, use, and
  apply money received from the fees and sales described by
  Subsection (a) only for the benefit of the sites described by
  Section 442.152(a).
         Sec. 442.156.  COMMISSION ADVICE AND OVERSIGHT. (a)  The
  commission shall advise the foundation on the operation,
  interpretation, and presentation of historical events,
  preservation, archeology, education, nature, philanthropy, and
  business development regarding a site described by Section
  442.152(a).
         (b)  The commission may appoint two nonvoting members to the
  foundation's board.
         Sec. 442.157.  FUNDRAISING. (a) The foundation shall set
  priorities for fundraising activities at the sites described by
  Section 442.152(a).
         (b)  Notwithstanding Subsection (a), the commission may
  adopt rules to establish naming opportunities as described by
  Section 442.032.
         Sec. 442.158.  OWNERSHIP AND ACQUISITION OF PROPERTY. The
  foundation:
               (1)  retains ownership of property held in the name of
  the foundation; and
               (2)  may acquire items by gift, grant, or purchase
  using the foundation's money.
         Sec. 442.159.  DISPOSITION OF FOUNDATION ASSETS ON
  DISSOLUTION. (a)  In the event of the foundation's dissolution, the
  commission is the sole beneficiary of all items held in the
  foundation's name that relate to the revolutionary history of a
  site described by Section 442.152(a) and to early Texas settlement
  and culture, except as otherwise provided by the foundation's
  articles of incorporation or the terms of the gift or other transfer
  of the items to the foundation.
         (b)  An item for which the commission is not the sole
  beneficiary must be clearly identified and described on an agreed
  list prepared jointly by the commission and the foundation.
         SECTION 9.  Subchapter K, Chapter 2166, Government Code, is
  amended by adding Section 2166.504 to read as follows:
         Sec. 2166.504.  APPLICABILITY OF SUBCHAPTER TO CERTAIN
  MARKERS. This subchapter does not apply to a marker over which the
  Texas Historical Commission has jurisdiction under Section
  442.034.
         SECTION 10.  Section 442.0055, Government Code, is repealed.
         SECTION 11.  Section 442.0046, Government Code, as added by
  this Act, applies only to a contract for which bids are first
  solicited on or after the effective date of this Act.  A contract
  for which bids are first solicited before the effective date of this
  Act is governed by the law as it existed immediately before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
         SECTION 12.  On the effective date of this Act, the Texas
  Historical Commission replaces the Texas Facilities Commission as
  the state agency responsible for the preservation, maintenance, and
  repair of the markers described by Section 442.034, Government
  Code, as added by this Act.
         SECTION 13.  This Act takes effect September 1, 2025.