| |
| |
| |
|
|
AN ACT
|
|
|
relating to the powers of the Texas Historical Commission over |
|
|
historic sites in this state. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 442.0053, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 442.0053. ELIGIBILITY CRITERIA FOR INCLUSION OF REAL |
|
|
PROPERTY IN STATE HISTORIC SITES SYSTEM. (a) The commission by |
|
|
rule shall adopt criteria for determining the eligibility of real |
|
|
property [donated to the commission] for inclusion in the historic |
|
|
sites system. |
|
|
(b) The commission may acquire by purchase or gift or in any |
|
|
other manner [accept a donation of] real property that satisfies |
|
|
the criteria adopted under Subsection (a). |
|
|
(b-1) Before adding real property to the historic sites |
|
|
system under this section, the commission shall develop a funding |
|
|
plan for the restoration, interpretation, development, long-term |
|
|
operation, and preservation of the real property to be added to the |
|
|
historic sites system. The plan may provide for an endowment fund, |
|
|
or other sources of funding, as appropriate. The commission may not |
|
|
add the real property to the historic sites system unless there are |
|
|
adequate financial resources available or assured for the |
|
|
restoration, interpretation, development, long-term operation, and |
|
|
preservation of the real property. |
|
|
(c) The commission may: |
|
|
(1) renovate or restore [donated] real property |
|
|
acquired under Subsection (b), including improvements to the |
|
|
property; [,] or |
|
|
(2) construct new improvements on the [donated] real |
|
|
property as necessary and prudent. |
|
|
SECTION 2. Section 442.0083(e), Government Code, is amended |
|
|
to read as follows: |
|
|
(e) A grant for a historic courthouse project may not exceed |
|
|
the greater of $10 [$6] million or two percent of the amount |
|
|
appropriated for implementing the historic courthouse preservation |
|
|
program during the state fiscal biennium. |
|
|
SECTION 3. The heading to Subchapter C, Chapter 442, |
|
|
Government Code, is amended to read as follows: |
|
|
SUBCHAPTER C. COMMISSION JURISDICTION OVER [CERTAIN] |
|
|
HISTORIC SITES |
|
|
SECTION 4. Section 442.071, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 442.071. DEFINITION. In this subchapter, "historic |
|
|
site" means: |
|
|
(1) a site [or park] listed under Section 442.072; or |
|
|
(2) real property significant to the history of this |
|
|
state that the commission administers or acquires for use by the |
|
|
public. |
|
|
SECTION 5. Section 442.072, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 442.072. COMMISSION JURISDICTION; AGREEMENTS FOR |
|
|
HISTORIC SITES. (a) The following historic sites in this state |
|
|
[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) Fort Lancaster State Historic Site; |
|
|
(10) Fort McKavett State Historic Site; |
|
|
(11) Fulton Mansion State Historic Site; |
|
|
(12) Landmark Inn State Historic Site; |
|
|
(13) Levi Jordan State Historic Site; |
|
|
(14) Lipantitlan State Historic Site; |
|
|
(15) 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) Sabine Pass Battleground State Historic Site; |
|
|
(20) Sam Bell Maxey House State Historic Site; |
|
|
(21) Sam Rayburn House State Historic Site; |
|
|
(22) San Felipe State Historic Site; |
|
|
(23) Starr Family Home State Historic Site; |
|
|
(24) Varner-Hogg Plantation State Historic Site; |
|
|
(25) Washington-on-the-Brazos State Historic Site; |
|
|
and |
|
|
(26) the property known as the French Legation. |
|
|
(b) [This subsection applies to a historic site that the |
|
|
state is required to operate in a particular manner or for a |
|
|
particular purpose, such as a site improved with federal money |
|
|
subject to federal restrictions on the purposes for which the |
|
|
improved site may be used or a site donated to the state subject to a |
|
|
reversion clause providing that the title reverts to the grantor |
|
|
when the site is not used for the purposes for which it was |
|
|
acquired. The commission has all powers necessary to operate the |
|
|
site in the required manner or for the required purpose. |
|
|
[(c)] The commission may enter into an agreement with a |
|
|
nonprofit or for-profit corporation, foundation, association, or |
|
|
other nonprofit or for-profit entity for the expansion, renovation, |
|
|
management, operation, or financial support of a historic site. |
|
|
SECTION 6. Subchapter D, Chapter 442, Government Code, is |
|
|
amended by adding Sections 442.112 and 442.113 to read as follows: |
|
|
Sec. 442.112. STATE HISTORIC SITE RETAIL OPERATIONS. (a) |
|
|
The commission may establish, manage, and operate gift and souvenir |
|
|
retail establishments and provide retail services through the |
|
|
Internet or another electronic method to support and promote state |
|
|
historic sites and related commission goals. |
|
|
(b) To implement this section, the commission may: |
|
|
(1) employ necessary personnel; |
|
|
(2) establish procurement standards and procedures in |
|
|
collaboration with the comptroller and the Department of |
|
|
Information Resources to meet the business needs of the |
|
|
commission's retail operations; and |
|
|
(3) contract with a nonprofit corporation to assist |
|
|
with the commission's retail operations, accept money from the |
|
|
retail operations, and support state historic site operations and |
|
|
commission educational missions. |
|
|
Sec. 442.113. TEXAS HISTORICAL COMMISSION RETAIL |
|
|
OPERATIONS FUND. (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 may not include appropriated |
|
|
money. |
|
|
(b) Interest and income from assets of the fund shall be |
|
|
credited to and deposited in the fund. |
|
|
(c) Money in the fund may be spent without appropriation and |
|
|
be used only to benefit state historic sites and to support the |
|
|
commission's retail operations, including to pay personnel |
|
|
salaries, acquire capital improvements, contract for necessary |
|
|
services, and purchase inventory, advertising, fixtures, computer |
|
|
software, and other goods necessary to support the retail |
|
|
operations. |
|
|
SECTION 7. This Act takes effect September 1, 2023. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2719 was passed by the House on April |
|
|
20, 2023, by the following vote: Yeas 145, Nays 0, 1 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 2719 on May 19, 2023, by the following vote: Yeas 137, Nays 0, |
|
|
2 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 2719 was passed by the Senate, with |
|
|
amendments, on May 17, 2023, by the following vote: Yeas 31, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |