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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for approving certain projects and permit |
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applications by the Texas Historical Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 191.0525, Natural Resources Code, is |
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amended by amending Subsections (f) and (i) and adding Subsection |
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(j) to read as follows: |
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(f) Except for a project location described by Subsection |
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(i), this [This] section does not apply to any state agency or |
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political subdivision that has entered into a memorandum of |
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understanding for coordination with the committee. |
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(i) This section does not authorize breaking ground at a |
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project location on state public land if: |
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(1) the project location or any structure on the |
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project location is listed in the National Register of Historic |
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Places; and |
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(2) the project would substantially change the |
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historic or cultural character of the project location or a |
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structure on the project location. |
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(j) The committee by rule shall establish procedures to |
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implement this section. |
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SECTION 2. Section 191.054, Natural Resources Code, is |
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amended by amending Subsection (a) and adding Subsection (d) to |
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read as follows: |
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(a) Except as provided by Subsection (d), the [The] |
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committee may issue a permit to other state agencies or political |
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subdivisions or to qualified private institutions, companies, or |
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individuals for the survey and discovery, excavation, demolition, |
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or restoration of, or the conduct of scientific or educational |
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studies at, in, or on landmarks, or for the discovery of eligible |
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landmarks on public land if it is the opinion of the committee that |
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the permit is in the best interest of the State of Texas. |
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(d) The committee shall file notice of a demolition permit |
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application for publication in the Texas Register in the manner |
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prescribed by Chapter 2002, Government Code, at least 30 days |
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before the committee takes any action on the application or issues |
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the permit. An interested person may challenge the issuance of a |
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demolition permit under this section in the manner provided for a |
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contested case under Chapter 2001, Government Code. If an |
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application for a demolition permit is challenged under this |
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section, the committee may not issue the permit unless the permit |
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applicant establishes by a preponderance of the evidence submitted |
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to the record that the demolition is in the public interest. |
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SECTION 3. Section 191.098, Natural Resources Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) Subsections (b) and (c) do not apply to a building |
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described by Subsection (a) that is listed in or located on property |
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listed in the National Register of Historic Places. |
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SECTION 4. The changes to Chapter 191, Natural Resources |
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Code, made by this Act apply only to an application for a |
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demolition permit or notice of a demolition, renovation, or |
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alteration of a building that is filed with the Texas Historical |
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Commission on or after January 1, 2026. |
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SECTION 5. 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, 2025. |