S.B. No. 1518

	AN ACT
	relating to the powers and duties of the Texas Historical
	Commission; imposing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter F, Chapter 411, Government Code, is
	amended by adding Section 411.1146 to read as follows:
	Sec. 411.1146.  ACCESS TO CRIMINAL HISTORY RECORD
	INFORMATION: TEXAS HISTORICAL COMMISSION. (a)  The Texas
	Historical Commission is entitled to obtain criminal history record
	information maintained by the department or the identification
	division of the Federal Bureau of Investigation that relates to a
	person who is:
	(1)  an employee, volunteer, or intern;
	(2)  an applicant to be an employee, volunteer, or
	intern; or
	(3)  a contractor or subcontractor for the commission.
	(b)  Criminal history record information obtained by the
	Texas Historical Commission under this section may not be released
	or disclosed to any person except on court order or with the consent
	of the person who is the subject of the information.
	(c)  The Texas Historical Commission shall collect and
	destroy criminal history record information that relates to a
	person immediately after the commission uses the information to
	make an employment or other decision related to the person or take a
	personnel action relating to the person who is the subject of the
	criminal history record information.
	(d)  The Texas Historical Commission may not obtain criminal
	history record information under this section unless the commission
	first adopts policies and procedures that provide that evidence of
	a criminal conviction or other relevant information obtained from
	the criminal history record information does not automatically
	disqualify an individual from obtaining employment or another
	position or contract with the commission. The policies and
	procedures developed under this section must provide that the
	hiring official will determine whether the individual is qualified
	for employment based on factors including:
	(1)  the specific duties of the position;
	(2)  the number of offenses committed by the
	individual;
	(3)  the nature and seriousness of each offense;
	(4)  the length of time between the offense and the
	employment decision;
	(5)  the efforts by the individual at rehabilitation;
	and
	(6)  the accuracy of the information on the
	individual's employment application.
	SECTION 2.  Section 442.0052, Government Code, is amended by
	adding Subsections (c) and (d) to read as follows:
	(c)  The executive director may waive entrance fees and
	facility use fees for historic sites under the commission's
	jurisdiction for a volunteer to assist in the accomplishment of the
	volunteer's service to the commission.
	(d)  The executive director may expend funds appropriated to
	the commission from dedicated funding sources for:
	(1)  the establishment of an insurance program to
	protect volunteers in the performance of volunteer service; and
	(2)  recognition of the services of a volunteer or
	volunteer groups.
	SECTION 3.  Subchapter A, Chapter 442, Government Code, is
	amended by adding Section 442.0054 to read as follows:
	Sec. 442.0054.  DISCLOSURE OF PERSONAL CUSTOMER
	INFORMATION. (a)  The name and address and a telephone, social
	security, driver's license, bank account, credit card, or charge
	card number of a person who purchases customer products, licenses,
	or services from the commission may not be disclosed except as
	authorized under this section.
	(b)  Chapter 552 does not apply to customer information
	described by Subsection (a).
	(c)  The commission by rule shall adopt policies relating to:
	(1)  the release of the customer information;
	(2)  the use of the customer information by the
	commission; and
	(3)  the sale of a mailing list consisting of the names
	and addresses of persons who purchase customer products, licenses,
	or services.
	(d)  The commission shall include in its policies a method
	for a person by request to exclude information about the person from
	a mailing list sold by the commission.
	(e)  The commission may disclose customer information to a
	federal or state law enforcement agency if the agency provides a
	lawfully issued subpoena.
	(f)  The commission and its officers and employees are immune
	from civil liability for an unintentional violation of this
	section.
	(g)  In this section, a reference to the commission includes
	a reference to an agent of the commission.
	SECTION 4.  Subchapter A, Chapter 442, Government Code, is
	amended by adding Sections 442.0056, 442.0057, 442.0058, and
	442.0059 to read as follows:
	Sec. 442.0056.  ACQUISITION OF HISTORIC SITES. (a)  The
	commission may acquire by purchase, gift, or other manner historic
	sites:
	(1)  where events occurred that represent an important
	aspect of the cultural, political, economic, military, or social
	history of the nation or state;
	(2)  significantly associated with the lives of
	outstanding historic persons or with an important event that
	represents a great ideal or idea;
	(3)  embodying the distinguishing characteristics of
	an architectural type that is inherently valuable for study of a
	period, style, or method of construction;
	(4)  that contribute significantly to the
	understanding of aboriginal humans in the nation or state; or
	(5)  that are of significant geologic interest relating
	to prehistoric animal or plant life.
	(b)  The commission shall restore and maintain each historic
	site acquired under this section for the benefit of the general
	public. The commission may enter into interagency contracts for
	this purpose.
	(c)  The commission shall formulate plans for the
	preservation and development of historic sites. Before formulating
	a plan for a specific site, the commission shall conduct an
	archeological survey of the site. In formulating plans, the
	commission shall:
	(1)  consider the results from the archeological survey
	for the site if the plan is for a specific site; and
	(2)  consider the resources necessary to manage a site.
	Sec. 442.0057.  SOLICITATION, RECEIPT, AND TRANSFER OF LAND.
	(a)  The commission may solicit and receive donations of land for
	public purposes and may refuse donations of land not acceptable for
	public purposes.
	(b)  If title to a site has vested in the commission and if
	ownership of the site is no longer in the best interest of the
	commission, the commission may transfer the title:
	(1)  to another state commission, department, or
	institution requesting the site;
	(2)  to the donor of the land if the donor requests the
	return of the site;
	(3)  to the United States if it has undertaken the
	development of the site for public purposes;
	(4)  to the grantor if the deed to the commission
	contains a reversion clause providing that title reverts to the
	grantor when the site is not used for the purposes for which it was
	acquired; or
	(5)  to any legally authorized entity if the property
	is to be used for public purposes.
	Sec. 442.0058.  SALE OR EXCHANGE OF LAND. (a)  The
	executive director with the approval of the commission may execute
	a deed exchanging real property or an interest in real property
	either as all or partial consideration for other real property or
	interest in real property.  The executive director with the
	approval of the commission may execute a deed selling real property
	or an interest in real property under the jurisdiction of the
	commission if ownership of the real property is no longer in the
	best interest of the commission.
	(b)  The commission shall receive a good and marketable title
	to all land exchanged under this section.
	(c)  All land to be received in the exchange must be
	appraised, and if the land to be received is of greater value, as
	determined by an independent and competent appraisal, than the
	state land exchanged, the commission may use funds available for
	land acquisitions as a partial consideration for the exchange.
	(d)  The receipts from the sale of land under this section
	shall be used for improving or acquiring other real property
	dedicated to the same purpose for which the land sold was dedicated.
	Sec. 442.0059.  EMPLOYEE FUND-RAISING. (a)  This section
	applies only to the solicitation or receipt of a gift, including
	money, that has a value of $500 or more.
	(b)  The commission by rule shall adopt policies to govern
	fund-raising activities by commission employees on behalf of the
	commission. The rules must:
	(1)  designate the types of employees who may solicit
	donations;
	(2)  restrict where and how fund-raising may occur; and
	(3)  establish requirements for reports by employees to
	the director.
	(c)  The executive director shall approve and manage
	fund-raising activities by commission employees on behalf of the
	commission in accordance with commission rules.
	SECTION 5.  Chapter 442, Government Code, is amended by
	adding Subchapters D and E to read as follows:
	SUBCHAPTER D. OPERATION OF HISTORIC SITES
	Sec. 442.101.  AUTHORITY TO CONTRACT. (a)  For the purpose
	of carrying out the powers, duties, and responsibilities of the
	commission related to historic sites described by Subchapter C, the
	executive director or the executive director's designee may
	negotiate, contract, or enter an agreement for:
	(1)  professional services relating to a commission
	project, including project management, design, bid, and
	construction administration; and
	(2)  construction, restoration, renovation, or
	preservation of any building, structure, or landscape.
	(b)  The commission may contract with any appropriate entity
	for services necessary to carry out its responsibilities regarding
	historic sites described by Subchapter C.
	(c)  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.
	Sec. 442.102.  CONSTRUCTION OF ROADS BY TEXAS DEPARTMENT OF
	TRANSPORTATION. (a)  The commission may contract with the Texas
	Transportation Commission for the construction and paving of roads
	in and adjacent to historic sites described by Subchapter C.
	(b)  Agreements under this section must be made in conformity
	with Chapter 771.
	Sec. 442.103.  LEASE OF LANDS AND IMPROVEMENTS. (a)  The
	commission may lease any land or improvement that is part of a
	historic site described by Subchapter C to a municipality, county,
	special district, nonprofit organization, or political
	subdivision. After the execution of the lease, the leased area may
	not be referred to as a state facility and state funds may not be
	used to operate or maintain the property.
	(b)  The conditions and duration of the lease agreement are
	determined by the agreement of the commission and the lessee.
	Sec. 442.104.  LEASE OF GRAZING RIGHTS; SALE OF PRODUCTS.
	(a)  The commission may lease grazing rights on any historic site
	described by Subchapter C and may lease from other parties grazing
	rights necessary for proper livestock management.  The commission
	may harvest and sell, or sell in place, any timber, hay, livestock,
	or other product grown on any historic site described by Subchapter
	C that the commission finds to be in excess of natural resource
	management, educational, or interpretive objectives.  Timber may be
	harvested only for forest pest management, salvage, or habitat
	restoration and consistent with good forestry practices and the
	advice of the Texas Forest Service.
	(b)  The commission may agree to accept materials, supplies,
	or services instead of money as part or full payment for a sale or
	lease under this subchapter. The commission may not assign to the
	materials, supplies, or services accepted as payment under this
	subsection a value that exceeds their actual market value.
	Sec. 442.105.  ESTABLISHMENT OF FEES; REVENUE. (a)  In
	setting the amounts of the fees for entering, reserving, or using a
	historic site described by Subchapter C, the commission:
	(1)  shall establish reasonable and necessary fees for
	the administration of commission programs; and
	(2)  may not set fees in amounts that permit the
	commission to maintain unnecessary fund balances.
	(b)  The commission may sell any item in the possession of
	the commission in which the state has title, or acquire and resell
	items if a profit can be made, to provide funding for programs
	administered by the commission.
	(c)  The commission may set and charge a fee for the use of a
	credit card to pay a fee imposed by the commission in an amount
	reasonable and necessary to reimburse the commission for the costs
	involved in the use of the card.
	Sec. 442.106.  CONCESSIONS. The commission may operate or
	grant contracts to operate concessions on the grounds of historic
	sites described by Subchapter C.  The commission may make rules
	governing the granting or operating of concessions.  The commission
	may establish and operate staff concessions, including salaries,
	consumable supplies and materials, operating expenses, rental and
	other equipment, and other capital outlays.
	Sec. 442.107.  PUBLICATIONS ON HISTORIC SITES. (a)  The
	commission may provide or sell information about historic sites
	described by Subchapter C to the public, including books,
	magazines, photographs, prints, and bulletins.
	(b)  The commission may enter into contractual agreements
	for publication of information concerning historic sites described
	by Subchapter C.
	(c)  The commission may receive royalties on
	commission-owned materials that are sold or supplied to others by
	the commission for publication.
	(d)  Money received under this section shall be deposited in
	the state treasury to the credit of the account from which expenses
	for the publication were paid.
	Sec. 442.108.  DEPOSIT OF RECEIPTS. The commission shall
	deposit to the credit of the historic site account all revenue, less
	allowable costs, received from the following sources:
	(1)  the operation of concessions at historic sites
	described by Subchapter C;
	(2)  lease of grazing rights on a historic site;
	(3)  sale of products grown on a historic site;
	(4)  fines received from violations of rules governing
	historic sites under Subchapter E; and
	(5)  any other source.
	Sec. 442.109.  MISTAKEN DEPOSIT. (a)  Any funds deposited
	in the state treasury under this subchapter by the commission by
	mistake of fact or mistake of law shall be refunded by warrant
	issued against the fund and credited against the account in the
	state treasury into which the money was deposited. Refunds
	necessary to make the proper correction shall be appropriated by
	the General Appropriations Act.
	(b)  The comptroller may require written evidence from the
	executive director of the commission to indicate the reason for the
	mistake of fact or law before issuing the refund warrant authorized
	by Subsection (a).
	(c)  This section does not apply to any funds that have been
	deposited under a written contract.
	Sec. 442.110.  PROGRAMS FOR THE DEVELOPMENT OF HISTORIC
	SITES AND STRUCTURES. (a)  The commission may apply to any
	appropriate agency or officer of the United States for
	participation in or the receipt of aid from any federal program
	involving the planning, acquisition, and development of historic
	sites and structures described by Subchapter C.
	(b)  The commission may contract with the United States to
	plan, acquire, and develop historic sites and structures described
	by Subchapter C in conformity with any federal act concerning the
	development of historic sites and structures.
	(c)  The commission shall keep financial and other records
	relating to programs under this section and shall furnish to
	appropriate officials and agencies of the United States and of this
	state all reports and information reasonably necessary for the
	administration of the programs.
	Sec. 442.111.  FINANCING OF HISTORIC SITE PROGRAMS.
	(a)  The operation, maintenance, and improvement of historic sites
	described by Subchapter C shall be financed from the general
	revenue fund, the historic site account, other accounts that may be
	authorized by law, and donations, grants, and gifts received by the
	commission for these purposes.
	(b)  A donation, grant, or gift accruing to the state or
	received by the commission for the purpose of operating,
	maintaining, improving, or developing historic sites described by
	Subchapter C may not be used for any purpose other than the
	operation, maintenance, or developing of historic sites.
	SUBCHAPTER E. RULES GOVERNING HISTORIC SITES
	Sec. 442.201.  AUTHORIZATION. The commission may adopt
	rules governing the health, safety, and protection of persons and
	property in historic sites described by Subchapter C under the
	control of the commission, including public water within historic
	sites.
	Sec. 442.202.  SCOPE OF RULES. The rules may govern:
	(1)  the conservation, preservation, and use of state
	property, whether natural features or constructed facilities;
	(2)  the abusive, disruptive, or destructive conduct of
	persons;
	(3)  the activities of site visitors, including
	camping, swimming, boating, fishing, or other recreational
	activities;
	(4)  the possession of pets or animals;
	(5)  the regulation of traffic and parking; and
	(6)  conduct that endangers the health or safety of
	site visitors or their property.
	Sec. 442.203.  POSTING OF RULES. All specific or general
	rules applying to a historic site described by Subchapter C must be
	posted in a conspicuous place at the site. A copy of the rules shall
	be made available on request to persons visiting the site.
	Sec. 442.204.  REMOVAL FROM SITE. (a)  Any person directly
	or indirectly responsible for disruptive, destructive, or violent
	conduct that endangers property or the health, safety, or lives of
	persons or animals may be removed from a historic site described by
	Subchapter C for a period not to exceed 48 hours.
	(b)  Before removal under this section, the person must be
	given notice of the provisions of this section and an opportunity to
	correct the conduct justifying removal.
	(c)  A court of competent jurisdiction may enjoin a person
	from reentry to the historic site described by Subchapter C, on
	cause shown, for any period set by the court.
	Sec. 442.205.  ENFORCEMENT OF RULES. Rules adopted under
	this subchapter may be enforced by any peace officer. A notice to
	appear may be issued by a peace officer for violation of a rule on a
	form prescribed by the commission.
	Sec. 442.206.  EFFECT OF RULES. A rule adopted under this
	subchapter does not amend or repeal any penal law of this state.
	Sec. 442.207.  PENALTY. A person who violates a rule adopted
	under this subchapter commits an offense that is a Class C
	misdemeanor.
	SECTION 6.  Section 651.004, Government Code, is amended by
	adding Subsection (g) to read as follows:
	(g)  The Texas Historical Commission is not required to
	comply with management-to-staff ratio requirements of this section
	with respect to employees located in field-based operations.
	SECTION 7.  Subsection (a), Section 2166.003, Government
	Code, is amended to read as follows:
	(a)  Unless otherwise provided, this chapter does not apply
	to:
	(1)  a project constructed by and for the Texas
	Department of Transportation;
	(2)  a project constructed by and for a state
	institution of higher education;
	(3)  a pen, shed, or ancillary building constructed by
	and for the Department of Agriculture for the processing of
	livestock before export;
	(4)  a project constructed by the Parks and Wildlife
	Department;
	(5)  a repair or rehabilitation project, except a major
	renovation, of buildings and grounds on the commission inventory;
	(6)  a repair and rehabilitation project of another
	using agency, if all labor for the project is provided by the
	regular maintenance force of the using agency under specific
	legislative authorization and the project does not require the
	advance preparation of working plans or drawings;
	(7)  a repair and rehabilitation project involving the
	use of contract labor, if the project has been excluded from this
	chapter by commission rule and does not require the advance
	preparation of working plans or drawings;
	(8)  an action taken by the Texas Commission on
	Environmental Quality under Subchapter F or I, Chapter 361, Health
	and Safety Code;
	(9)  a repair, rehabilitation, or construction project
	on property owned by the Texas Department of Housing and Community
	Affairs or the Texas State Affordable Housing Corporation; [or]
	(10)  a project constructed by and for the Veterans'
	Land Board; or
	(11)  a project constructed by and for the Texas
	Historical Commission.
	SECTION 8.  Subsection (a), Section 13.001, Parks and
	Wildlife Code, is amended to read as follows:
	(a)  Except as otherwise provided by law, the following are
	under the department's control and custody:
	(1)  all recreational and natural areas designated as
	state parks; and
	(2)  all historical sites under the jurisdiction of
	[acquired by] the department.
	SECTION 9.  Section 13.0052, Parks and Wildlife Code, is
	amended to read as follows:
	Sec. 13.0052.  REPORTS. The department shall periodically
	prepare reports on plans to preserve and develop historical sites
	under the jurisdiction of the department in this state.
	SECTION 10.  Section 13.010, Parks and Wildlife Code, is
	amended to read as follows:
	Sec. 13.010.  HISTORIC SITES. The department and the Texas
	Historical Commission may cooperate to locate, designate, and
	suitably mark historic grounds, battlefields, and other historic
	spots in Texas as historic sites. Fitting markers may be erected;
	however, no expense may be incurred in the name of the state for
	this project.
	SECTION 11.  This Act takes effect immediately if it
	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 Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1518 passed the Senate on
	April 7, 2011, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1518 passed the House on
	May 19, 2011, by the following vote:  Yeas 146, Nays 2, one
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor