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AN ACT
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relating to eligibility of municipalities to participate in the |
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historic courthouse preservation and maintenance programs |
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administered 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 442.001(1), Government Code, is amended |
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to read as follows: |
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(1) "Historic courthouse" means a county courthouse |
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that is at least 50 years old. The term includes a structure that: |
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(A) previously functioned as the official county |
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courthouse of the county in which it is located; and |
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(B) is owned by a municipality. |
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SECTION 2. Sections 442.0081(b), (c), (d), (e), (f), and |
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(g-1), Government Code, are amended to read as follows: |
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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 or municipality promises to contribute to the |
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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 or municipality 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-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 and |
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municipalities receiving money under the preservation program in |
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continuing to maintain, repair, and preserve the courthouses. The |
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maintenance program may include offering to periodically inspect |
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the courthouses and offering counties and municipalities technical |
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assistance and information on best practices in maintaining the |
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courthouses. |
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SECTION 3. Section 442.0082, Government Code, is amended to |
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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, Chapter 469 [Article 9102, Revised
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Statutes], and other state laws relating to accessibility |
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standards, hazardous materials mitigation rules, and other similar |
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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 or municipality on a project's progress. |
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SECTION 4. Section 442.0083(b), Government Code, is amended |
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to read as follows: |
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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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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, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3674 was passed by the House on May 2, |
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2013, by the following vote: Yeas 85, Nays 60, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3674 was passed by the Senate on May |
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22, 2013, by the following vote: Yeas 28, Nays 3. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |