CHAPTER 442. TEXAS HISTORICAL COMMISSION
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE D. HISTORY, CULTURE, AND EDUCATION
CHAPTER 442. TEXAS HISTORICAL COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 442.001. DEFINITIONS. In this chapter:
(1) "Historic courthouse" means a county courthouse that is at
least 50 years old.
(2) "Historic courthouse project" means a project to preserve or
restore a historic courthouse.
(3) "Historic structure" means a structure that:
(A) is included on the National Register of Historic Places;
(B) is designated as a Recorded Texas Historic Landmark;
(C) is designated as a State Archeological Landmark;
(D) is determined by the Texas Historical Commission to qualify
as eligible property under criteria for inclusion on the National
Register of Historic Places or for designation as a Recorded
Texas Historic Landmark or as a State Archeological Landmark;
(E) is certified by the Texas Historical Commission to other
state agencies as worthy of preservation; or
(F) is designated by an ordinance of a municipality with a
population of more than 1.5 million as historic.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 1056, Sec. 2, eff. June 19,
1997; Acts 1999, 76th Leg., ch. 403, Sec. 1, eff. Sept. 1, 1999.
Sec. 442.002. COMMISSION; MEMBERS; SUNSET ACT. (a) The Texas
Historical Commission is an agency of the state.
(b) The commission is composed of 17 members appointed by the
governor with the advice and consent of the senate. A person
may not be a member of the commission if the person or the
person's spouse:
(1) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by the commission or receiving money other than grant
money from the commission;
(2) uses or receives a substantial amount of tangible goods,
services, or money from the commission, other than compensation
or reimbursement authorized by law for commission membership,
attendance, or expenses; or
(3) is employed by or participates in the management of a
business entity or other organization regulated by or receiving
money other than grant money from the commission.
(c) Members serve for staggered six-year terms, with the terms
of approximately one-third of the members expiring February 1 of
each odd-numbered year.
(d) Any vacancy occurring on the commission shall be filled for
the unexpired term.
(e) A member of the commission must be a citizen of this state
who has demonstrated an interest in the preservation of the
state's historical or archeological heritage. In making
appointments to the commission, the governor shall seek to have
each geographical section of the state represented as nearly as
possible.
(f) A person may not serve as a member of the commission or act
as the general counsel to the commission if the person is
required to register as a lobbyist under Chapter 305 because of
the person's activities for compensation on behalf of a
profession related to the operation of the commission.
(g) The commission shall hold at least one regular meeting in
each calendar quarter of each year. The commission may hold other
meetings at times and places scheduled by it in formal session or
called by the chairman of the commission.
(h) The governor shall designate a member of the commission as
the presiding officer of the commission to serve in that capacity
at the pleasure of the governor. At its first meeting in each
odd-numbered year, the commission shall select from its
membership an assistant presiding officer and a secretary.
(i) A member of the commission serves without pay but shall be
reimbursed for actual expenses incurred in attending a meeting of
the commission.
(j) The commission is subject to the open meetings law, Chapter
551, and the administrative procedure law, Chapter 2001. The
commission shall develop and implement policies that provide the
public with a reasonable opportunity to appear before the
commission and to speak on any issue under the jurisdiction of
the commission.
(k) The Texas Historical Commission is subject to Chapter 325
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the commission is abolished and this chapter
expires September 1, 2019.
(l) Appointments to the commission shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointees.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 2.13,
eff. Nov. 12, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(50),
(83), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 109, Sec. 1,
eff. Aug. 30, 1995; Acts 2003, 78th Leg., ch. 1170, Sec. 19.01,
eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 1, eff. September 1, 2007.
Sec. 442.0021. COMMISSION MEMBERS: TRAINING. (a) A person who
is appointed to and qualifies for office as a member of the
commission may not vote, deliberate, or be counted as a member in
attendance at a meeting of the commission until the person
completes a training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the commission;
(2) the programs, functions, rules, and budget of the
commission;
(3) the results of the most recent formal audit of the
commission;
(4) the requirements of laws relating to open meetings, public
information, administrative procedure, and conflicts of interest;
and
(5) any applicable ethics policies adopted by the commission or
the Texas Ethics Commission.
(c) A person appointed to the commission is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 1995, 74th Leg., ch. 109, Sec. 2, eff. Aug. 30,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 2, eff. September 1, 2007.
Sec. 442.0022. COMMISSION MEMBERS: CONFLICT OF INTEREST. (a)
In this section, "Texas trade association" means a cooperative
and voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be a member of the commission and may not
be a commission employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of archeology or historic
preservation; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of
archeology or historic preservation.
(c) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1159, Sec. 46,
eff. June 15, 2007.
Added by Acts 1995, 74th Leg., ch. 109, Sec. 2, eff. Aug. 30,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 46, eff. June 15, 2007.
Sec. 442.0023. COMMISSION MEMBERS: GROUNDS FOR REMOVAL. (a) It
is a ground for removal from the commission if a member:
(1) does not have at the time of appointment the qualifications
required by Sections 442.002(b) and (e);
(2) does not maintain during service on the commission the
qualifications required by Sections 442.002(b) and (e);
(3) violates a prohibition established by Sections 442.002(f) or
442.0022;
(4) cannot because of illness or disability discharge the
member's duties for a substantial part of the term for which the
member is appointed; or
(5) is absent from more than half of the regularly scheduled
commission meetings that the member is eligible to attend during
a calendar year unless the absence is excused by majority vote of
the commission.
(b) The validity of an action of the commission is not affected
by the fact that it is taken when a ground for removal of a
commission member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the presiding officer of the commission of the potential ground.
The presiding officer shall then notify the governor and the
attorney general that a potential ground for removal exists. If
the potential ground for removal involves the presiding officer,
the executive director shall notify the next highest officer of
the commission, who shall notify the governor and the attorney
general that a potential ground for removal exists.
Added by Acts 1995, 74th Leg., ch. 109, Sec. 2, eff. Aug. 30,
1995.
Sec. 442.003. PURPOSE OF COMMISSION. The commission shall
provide leadership and coordinate services in the field of
archeological and historic preservation.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 109, Sec. 3, eff. Aug. 30,
1995.
Sec. 442.004. PERSONNEL. (a) The commission shall employ an
executive director.
(b) A person employed as executive director must:
(1) be a citizen of this state;
(2) have ability in organization, administration, and
coordination of organizational work; and
(3) have particular qualities for carrying out the purposes of
the commission.
(b-1) The executive director may not serve as a voting director
on the board of directors of an affiliated nonprofit organization
formed under Section 442.005(p).
(c) The executive director may employ professional and clerical
personnel as considered necessary. The number of employees, their
compensation, and other expenditures shall be in accordance with
appropriations to the commission by the legislature.
(d) The executive director or the executive director's designee
shall provide to members of the commission and to agency
employees, as often as necessary, information regarding their
qualification for office or employment under this chapter and
their responsibilities under applicable laws relating to
standards of conduct for state officers or employees.
(e) The executive director or the executive director's designee
shall develop an intra-agency career ladder program that
addresses opportunities for mobility and advancement for
employees within the commission. The program shall require
intra-agency posting of all positions concurrently with any
public posting.
(f) The executive director or the executive director's designee
shall develop a system of annual performance evaluations based on
documented employee performance. All merit pay for commission
employees must be based on the system established under this
subsection.
(g) The executive director or the executive director's designee
shall prepare and maintain a written policy statement to assure
implementation of a program of equal employment opportunity under
which all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, appointment, training, and
promotion of personnel, that are in compliance with the
requirements of Chapter 21, Labor Code;
(2) a comprehensive analysis of the commission workforce that
meets federal and state guidelines;
(3) procedures by which a determination can be made about the
extent of underuse in the commission workforce of all persons for
whom federal or state guidelines encourage a more equitable
balance; and
(4) reasonable methods to appropriately address those areas of
underuse.
(h) A policy statement prepared under Subsection (g) must cover
an annual period, be updated annually, be reviewed by the
Commission on Human Rights for compliance with Subsection (g),
and be filed with the governor's office.
(i) The governor's office shall deliver a biennial report to the
legislature based on the information received under Subsection
(h). The report may be made separately or as a part of other
biennial reports made to the legislature.
(j) Before the expiration of 30 days after April 1 and November
1 of each year the commission shall submit a progress report to
the governor. The report must include a statement of the steps
that the commission has taken during the previous six months to
comply with the requirement of Subsection (g).
(k) The governor shall designate the executive director as the
state historic preservation officer, and the executive director
shall act in that capacity for the conduct of relations with the
representatives of the federal government and the respective
states concerning matters of historic preservation.
(l) The commission shall develop and implement policies that
clearly separate the policymaking responsibilities of the
commission and the management responsibilities of the executive
director and the staff of the commission.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 109, Sec. 4, eff. Aug. 30,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 4, eff. September 1, 2007.
Sec. 442.005. GENERAL POWERS AND DUTIES OF COMMISSION. (a) The
commission shall furnish leadership, coordination, and services
to county historical commissions, historical societies, and the
organizations, agencies, institutions, museums, and individuals
of this state interested in the preservation of archeological or
historical heritage and shall act as a clearinghouse and
information center for that work in this state.
(b) The commission is responsible for the administration of the
Antiquities Code of Texas, Chapter 191, Natural Resources Code,
and shall strive to establish effective working relationships
among individuals primarily interested in history, architecture,
and archeology.
(c) The commission shall furnish professional consultant
services to museums and to agencies, individuals, and
organizations interested in the preservation and restoration of
archeological or historic structures, sites, or landmarks.
(d) The commission shall compile and furnish to the State
Purchasing and General Services Commission a list of the names
and addresses of individuals and organizations that are
interested in the preservation of historic structures. The list
shall be updated at least once each year.
(e) The commission shall administer the federal National
Historic Preservation Act of 1966 and may prepare, maintain, and
keep up to date a statewide comprehensive historic preservation
plan.
(f) The commission by rule may establish a reasonable fee to
recover its costs arising from review of a rehabilitation project
on an income-producing property included in the National Register
of Historic Places. Any fee established is payable by the
applicant for the rehabilitation project.
(g) The commission may apply to any appropriate agency or
officer of the United States for participation in any federal
program pertaining to historic preservation.
(h) The commission may certify to another state agency the
worthiness of preservation of any historic district, site,
structure, or object significant in Texas or American history,
architecture, archeology, or culture.
(i) The commission may provide matching grants to assist the
preservation of a historic structure significant in Texas or
American history, architecture, archeology, or culture.
(j) The commission shall use its facilities and leadership to
stimulate the development and protection of archeological or
historical resources in every locality of this state, emphasizing
responsibility and privilege of local effort except in a case in
which the project or problem clearly demands a broader approach.
(k) The commission may provide matching grants to preserve
collections of small history museums in this state if the
collections are significant in Texas or American history,
architecture, archeology, or culture.
(l) The commission may conduct educational programs, seminars,
and workshops throughout this state covering any phase of
historic preservation.
(m) The commission shall continue cooperative studies and
surveys of the various aspects of historical heritage.
(n) Not later than December 1 before each regular session of the
legislature, the commission shall make a report of its activities
to the governor and to the legislature.
(o) The commission may enter into contracts with other state
agencies or institutions and with qualified private institutions
to carry out the purposes of this chapter.
(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 may participate in the
establishment and operation of an affiliated nonprofit
organization whose purpose is to raise funds for or provide
services or other benefits to the commission.
(q) The commission may adopt rules as it considers proper for
the effective administration of this chapter.
(r) The commission may establish advisory committees to advise
the commission on archeological and historical matters, including
an advisory committee to consider matters relating to Chapter
191, Natural Resources Code.
(s) The commission may promote the appreciation of historic
sites, structures, or objects in the state through a program
designed to develop tourism in the state.
(t) The commission shall promote heritage tourism by assisting
persons, including local governments, organizations, and
individuals, in the preservation, enhancement, and promotion of
heritage and cultural attractions in this state. The program must
include efforts to:
(1) raise the standards of heritage and cultural attractions
around this state;
(2) foster heritage preservation and education;
(3) encourage regional cooperation and promotion of heritage and
cultural attractions; and
(4) foster effective local tourism leadership and organizational
skills.
(u) The commission may:
(1) maintain the historic character of the sites and structures
entrusted to its care;
(2) use its resources to develop the historic sites through
promotional and educational activities, including the purchase of
items for resale or donation and the purchase of plants and
landscaping services; and
(3) accept advertisements in selected agency publications,
including print and electronic publications, at a rate that
offsets development and production costs.
(v) The commission may accept a gift of real property, whether
of historical value or not. When the gift is received, the
commission may:
(1) arrange for the preservation, maintenance, and public
exhibition of the property; or
(2) at the commission's discretion, sell the property at fair
market value and use the proceeds to carry out any purpose of
this chapter.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 109, Sec. 5, eff. Aug. 30,
1995; Acts 1997, 75th Leg., ch. 428, Sec. 1, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 461, Sec. 1, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 377, Sec. 2, eff. Sept. 1, 2001.
Sec. 442.0051. FEES. The commission by rule may establish
reasonable fees for commission purposes under this chapter,
including an admission fee appropriate to a historic site under
its jurisdiction.
Added by Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 5, eff. June 15, 2007.
Sec. 442.0052. VOLUNTEER SERVICES. (a) Except as provided by
Subsection (b), the commission may use the services of volunteers
to help carry out the duties and responsibilities of the
commission.
(b) A volunteer may not enforce this code.
Added by Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 5, eff. June 15, 2007.
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 accept a donation of real property that
satisfies the criteria adopted under Subsection (a).
(c) The commission may renovate or restore donated real
property, including improvements to the property, or construct
new improvements on the donated real property as necessary and
prudent.
Added by Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 5, eff. June 15, 2007.
Sec. 442.0055. AFFILIATED NONPROFIT ORGANIZATION; RULES;
GUIDELINES. (a) The commission shall adopt rules governing the
relationship between the commission and an affiliated nonprofit
organization formed under Section 442.005(p), including rules
that, at a minimum:
(1) define the extent to which commission employees with
regulatory responsibilities, including the executive director,
may participate in activities that raise funds for an affiliated
nonprofit organization, which may not include the direct
solicitation of funds; and
(2) define the relationship between commission employees and an
affiliated nonprofit organization.
(b) The commission shall establish guidelines for identifying
and defining the administrative and financial support the
commission may provide for an affiliated nonprofit organization
formed under Section 442.005(p).
Added by Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 6, eff. September 1, 2007.
Sec. 442.006. STATE HISTORICAL MARKER PROGRAM. (a) The
commission shall give direction and coordination to the state
historical marker program.
(b) The commission shall:
(1) develop statewide themes for the program related to the
commission's preservation goals for the state;
(2) install markers recognizing districts, sites, individuals,
events, structures, and objects significant in Texas or American
history, architecture, archeology, or culture;
(3) keep a register of those markers; and
(4) establish a limit for the number of markers the commission
awards annually.
(c) To assure a degree of uniformity and quality of historical
markers, monuments, and medallions in this state, the commission
shall review and approve or reject the final form or dimensions
of or text or illustrations on any marker, monument, or medallion
before its fabrication by the state or by a county, county
historical commission, incorporated city, individual, or
organization in this state. The commission shall designate an
approved marker as an Official Texas Historical Marker.
(d) The commission shall designate any structure receiving the
Official Texas Historical Building Medallion as a Recorded Texas
Historic Landmark that is considered worthy of preservation
because of its history, culture, or architecture.
(e) The commission by rule may establish a reasonable fee to
recover its costs arising from review of a proposal for a
historical marker, monument, or medallion. Any fee established is
payable by the applicant for the marker, monument, or medallion.
(f) A person may not damage the historical or architectural
integrity of a structure the commission has designated as a
Recorded Texas Historic Landmark without notifying the commission
at least 60 days before the date on which the action causing the
damage is to begin. After receiving the notice, the commission
may waive the waiting period or, if the commission determines
that a longer period will enhance the chance for preservation, it
may require an additional waiting period of not longer than 30
days. On the expiration of the time limits imposed by this
section, the person may proceed, but must proceed not later than
the 180th day after the date on which notice was given or the
notice is considered to have expired.
(g) This chapter does not authorize the commission to review or
determine the placement or location of an object in or on a
Recorded Texas Historic Landmark if the placement or location
does not result in substantial structural change or damage to the
landmark.
(h) The commission by rule shall establish guidelines for an
application for, and the commission's review of the application
for, a historical marker, monument, or medallion. The guidelines
must include criteria for ranking the applications. The
commission shall give priority to the markers, monuments, and
medallions that relate to the statewide themes developed by the
commission.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 7, eff. September 1, 2007.
Sec. 442.0065. GUIDE TO HISTORICAL MARKERS. (a) In this
section, "department" means the Texas Department of
Transportation.
(b) The department, in consultation with the commission, shall
publish a guide to historical markers along roadways in this
state that includes:
(1) a listing of the historical markers along roadways with
identifying numbers assigned to each marker by the department;
and
(2) a summary of the information on each marker.
(c) For each historical marker, the department shall erect and
maintain, if practicable, signs informing users of the roadway of
the marker and indicating the identifying number of the marker.
The department shall erect a sign under this subsection
approximately one mile preceding the historical marker if that
placement is practicable.
(d) The department shall use information from the commission's
Texas historical roadside marker restoration program and the
state historical marker program under Section 442.006 in creating
the guide to historical markers under Subsection (b).
(e) The department shall make available to the public the guide
published under Subsection (b) at a reasonable price determined
by the department. Revenue from sales of the guide shall be
deposited to the credit of the state highway fund and is exempt
from the application of Section 403.095.
(f) The department shall work with the commission to ensure that
there is no duplication between publications currently available
through the commission or other sources.
Added by Acts 2001, 77th Leg., ch. 649, Sec. 1, eff. June 13,
2001.
Sec. 442.007. STATE ARCHEOLOGICAL PROGRAM. (a) The commission,
through the state archeologist, shall direct the state
archeological program.
(b) The program must include:
(1) a continuing inventory of nonrenewable archeological
resources;
(2) evaluation of known sites through testing and excavation;
(3) maintenance of extensive field and laboratory data,
including data on collections of antiquities;
(4) consultation with state agencies and organizations and local
groups concerning archeological and historical problems; and
(5) publication of the results of the program through various
sources, including a regular series of reports.
(c) The commission may enter into contracts or cooperative
agreements with the federal government, other state agencies,
state or private museums or educational institutions, or
qualified individuals for prehistoric or historic archeological
investigations, surveys, excavations, or restorations in this
state.
(d) The state archeologist has general jurisdiction and
supervision over archeological work, reports, surveys,
excavations, and archeological programs of the commission and of
cooperating state agencies.
(e) The duties of the state archeologist include:
(1) maintaining an inventory of significant historic or
prehistoric sites of archeological or historic interest;
(2) providing public information and education in the fields of
archeology and history;
(3) conducting surveys and excavations with respect to
significant archeological or historic sites in this state;
(4) preparing reports and publications concerning the work of
the office of the state archeologist;
(5) doing cooperative and contract work in prehistoric and
historic archeology with other state agencies, the federal
government, state or private institutions, or individuals;
(6) maintaining and determining the repository of catalogued
collections of artifacts and other materials of archeological or
historic interest; and
(7) preserving the archeological and historical heritage of this
state.
(e) The state archeologist shall withhold from disclosure to
the public information relating to the location or character of
archeological or historic resources if the state archeologist
determines that the disclosure of the information may create a
substantial risk of harm, theft, or destruction to the resources
or to the area or place where the resources are located.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 442.0071. DUTIES REGARDING GOVERNOR'S MANSION. (a) The
commission shall approve construction plans and monitor the work
on the Governor's Mansion to ensure compliance with Chapter 191,
Natural Resources Code, to ensure the historical and
architectural integrity of the mansion's exterior, interior,
contents, and grounds. A substantial addition, deletion, or
other alteration may not be made to the mansion or its contents
or grounds without the prior approval of the commission.
(b) The commission shall:
(1) develop and maintain an inventory of the contents of the
Governor's Mansion that includes all furnishings, fixtures, works
of art, and decorative objects and states the owner of each of
those items;
(2) develop a plan for the acquisition, by purchase, donation,
or loan, of furnishings, fixtures, works of art, and decorative
objects for the mansion, especially early 19th-century American,
museum-quality items and items having historical significance to
the Governor's Mansion;
(3) develop a plan for the disposition of furnishings, fixtures,
works of art, and decorative objects that the commission
determines are not needed or inappropriate; and
(4) recommend and arrange for the conservation or restoration of
furnishings, fixtures, works of art, and decorative objects in
the mansion that are owned by the state.
(c) The commission may accept gifts, grants, or other donations
on behalf of the Governor's Mansion. The commission shall
contract with a nonprofit organization formed to assist in the
preservation and maintenance of the Governor's Mansion to develop
and implement a plan for the solicitation and acceptance of
gifts, grants, devises, and bequests of money, other property,
and services to be used in the acquisition of furnishings,
fixtures, works of art, and decorative objects for the Governor's
Mansion or for necessary landscaping, conservation, or
restoration services. The commission also may contract with a
nonprofit organization described by this subsection for the
performance of any duty provided by Subsection (b). A contract
under this subsection may not exceed a term of two years.
(d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 240, Sec. 3,
eff. May 27, 2009.
(e) The State Preservation Board and the office of the governor
may exercise the powers and shall perform the duties relating to
the Governor's Mansion that are provided by applicable law,
subject to the requirements of this section.
(f) Section 443.007 does not apply to this section.
Added by Acts 1989, 71st Leg., ch. 177, Sec. 1, eff. May 25,
1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
240, Sec. 2, eff. May 27, 2009.
Acts 2009, 81st Leg., R.S., Ch.
240, Sec. 3, eff. May 27, 2009.
Sec. 442.0072. PRESERVATION AND MAINTENANCE OF GETHSEMANE CHURCH
AND CARRINGTON-COVERT HOUSE. (a) In this section:
(1) The Gethsemane Church includes the adjoining grounds of the
church.
(2) The Carrington-Covert House includes the adjoining grounds
of the house.
(b) The State of Texas owns the Gethsemane Church and the
Carrington-Covert House.
(c) The church and the house are located at Congress Avenue and
16th Street on Lots 5, 6, 7, and 8, Outlot 46, Division "E" of
the original City of Austin, Travis County, Texas.
(d) The commission shall preserve, maintain in a state of
suitable repair, restore, and develop the church and the house,
their contents, and their grounds, in the manner determined by
the commission, for the beautification and cultural enhancement
of the properties as a significant Texas historical site and in a
manner consistent with development of the Capitol Complex.
(e) The commission shall spend the money the legislature
appropriates for purposes of this section to accomplish those
purposes.
(f) The commission may:
(1) accept gifts and donations for the church and the house; and
(2) use the gifts and donations in accordance with the donor's
conditions and instructions that are consistent with this
section.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 7.102, eff. Sept.
1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
898, Sec. 1, eff. September 1, 2007.
Sec. 442.0073. PRESERVATION AND MAINTENANCE OF CERTAIN STATE
BUILDINGS. (a) The commission shall preserve, maintain, and
restore Luther Hall, the Elrose Building, and the
Christianson-Leberman Building, their contents, and their
grounds.
(b) For purposes of this section, Luther Hall and the Elrose
Building are located on 16th Street between Colorado Street and
North Congress Avenue in Austin and the Christianson-Leberman
Building is located at 1304 Colorado Street in Austin.
Added by Acts 2007, 80th Leg., R.S., Ch.
898, Sec. 2, eff. September 1, 2007.
Sec. 442.008. COUNTY COURTHOUSES. (a) A county may not
demolish, sell, lease, or damage the historical or architectural
integrity of any building that serves or has served as a county
courthouse without notifying the commission of the intended
action at least six months before the date on which it acts.
(b) If the commission determines that a courthouse has
historical significance worthy of preservation, the commission
shall notify the commissioners court of the county of that fact
not later than the 30th day after the date on which the
commission received notice from the county. A county may not
demolish, sell, lease, or damage the historical or architectural
integrity of a courthouse before the 180th day after the date on
which it received notice from the commission. The commission
shall cooperate with any interested person during the 180-day
period to preserve the historical integrity of the courthouse.
(c) A county may carry out ordinary maintenance of and repairs
to a courthouse without notifying the commission.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1999, 76th Leg., ch. 403, Sec. 3, eff. Sept. 1,
1999.
Sec. 442.0081. HISTORIC COURTHOUSE PRESERVATION AND MAINTENANCE
PROGRAMS; GRANTS AND LOANS. (a) The commission shall
administer a historic courthouse preservation program.
(b) A county that owns a historic courthouse may apply to the
commission for a grant or loan for a historic courthouse project.
The application must:
(1) state the location of the courthouse;
(2) state whether the courthouse is or is likely to become a
historic structure;
(3) state the amount of money or in-kind contributions that the
county promises to contribute to the project;
(4) state whether the courthouse is currently functioning as a
courthouse;
(5) include any plans, including a master preservation plan,
that the county may have for the project; and
(6) include any other information that the commission by rule
may require.
(c) The commission may grant or loan money to a county that owns
a historic courthouse, for the purpose of preserving or restoring
the courthouse, if the county's application meets the standards
of the historic courthouse preservation program. In considering
whether to grant an application, the commission shall consider
the preferences and factors listed in this section as well as any
other factors that it may provide by rule.
(d) In considering whether to grant an application, the
commission shall give preference to:
(1) a proposed project to preserve or restore a courthouse:
(A) that is or is likely to become a historic structure; and
(B) that:
(i) is still functioning as a courthouse;
(ii) was built before 1875; or
(iii) is subject to a conservation easement held by the
commission; and
(2) a county that will provide or has provided at least 15
percent of the project's costs, including:
(A) in-kind contributions; and
(B) previous expenditures for master planning and renovations on
the courthouse that are the subject of the application.
(e) In considering whether to grant an application, the
commission shall also consider the following factors:
(1) the amount of money available for a grant or loan and the
percentage of the costs that the county will contribute;
(2) whether the county will contribute any in-kind contribution
such as labor or materials;
(3) the cost to preserve or restore the courthouse;
(4) the architectural style of the courthouse;
(5) the historic significance of the courthouse;
(6) the county's master preservation plan; and
(7) any other factors that the commission by rule may provide.
(f) The commission shall adopt rules regarding the way in which
it will consider the following factors in analyzing a county's
contribution to project costs under Subsection (d)(2):
(1) the period during which past expenditures can be considered;
(2) the amount of past expenditures that can be considered; and
(3) the amount and type of in-kind contributions that can be
considered.
(g) The commission shall appoint a Texas Courthouse Preservation
Program Advisory Committee. The committee shall assist the
commission on matters relating to the historic courthouse
preservation program. The commission may reimburse a committee
member's travel expenses and provide a per diem for other
expenses from funds appropriated to the commission, but not from
funds in the historic courthouse preservation fund account
created by this chapter. Chapter 2110 applies to the committee,
but the committee must include:
(1) members from the different geographical areas of the state;
(2) an equal number of members from counties with a population
of:
(A) 24,999 or less;
(B) 25,000 to 75,000; and
(C) 75,001 or more; and
(3) at least the following members:
(A) one or more elected county officials;
(B) one or more members of historical organizations or persons
with knowledge of and experience in preservation who are not
elected county officials; and
(C) one or more members of the general public who do not meet
the requirements of Paragraph (A) or (B).
(g-1) To help protect courthouses that have benefited from the
historic courthouse preservation program, the commission shall
develop and implement a maintenance program to assist counties
receiving money under the preservation program in continuing to
maintain, repair, and preserve the courthouses. The maintenance
program may include offering to periodically inspect the
courthouses and offering counties technical assistance and
information on best practices in maintaining the courthouses.
(h) The commission shall adopt rules necessary to implement the
historic courthouse preservation and maintenance programs.
Added by Acts 1999, 76th Leg., ch. 403, Sec. 2, eff. Sept. 1,
1999.
Amended by:
Acts 2005, 79th Leg., Ch.
646, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
646, Sec. 2, eff. September 1, 2005.
Sec. 442.0082. HISTORIC COURTHOUSE PROJECT; REQUIREMENTS. (a)
Before incurring any expenses payable from funds received from
the commission under the historic courthouse preservation
program, a county must have a master preservation plan for its
historic courthouse project. The commission by rule shall
prescribe the minimum standards for a master preservation plan.
(b) A county that receives money under the historic courthouse
preservation program must use recognized preservation standards
for work on a historic courthouse project. The commission by rule
shall establish standards regarding the quality of the work
performed on a historic courthouse project.
(c) A county that receives money under the historic courthouse
preservation program for a historic courthouse project may use
the money only for eligible preservation and restoration expenses
that the commission by rule shall prescribe. Eligible expenses
may include costs for:
(1) structural, mechanical, electrical, and plumbing systems and
weather protection and emergency public safety issues not covered
by insurance;
(2) code and environmental compliance, including complying with
the federal Americans with Disabilities Act of 1990 and its
subsequent amendments, Article 9102, Revised Statutes, and other
state laws relating to accessibility standards, hazardous
materials mitigation rules, and other similar concerns;
(3) replication of a missing architectural feature;
(4) removal of an inappropriate addition or modification; and
(5) restoration of a courtroom or other significant public space
in a functional and historically appropriate manner.
(d) A county's expenditure of money received under this chapter
for a historic courthouse project is subject to audit by the
state auditor in accordance with Chapter 321.
(e) The commission by rule shall provide for oversight
procedures on a project. These rules shall provide for reasonable
inspections by the commission as well as periodic reports by a
county on a project's progress.
Added by Acts 1999, 76th Leg., ch. 403, Sec. 2, eff. Sept. 1,
1999.
Sec. 442.0083. FUNDING FOR HISTORIC COURTHOUSE PRESERVATION
PROGRAM; HISTORIC COURTHOUSE PRESERVATION FUND ACCOUNT. (a) The
historic courthouse preservation fund account is a separate
account in the general revenue fund. The account consists of
transfers made to the account, payments on loans made under the
historic courthouse preservation program, grants and donations
made for the purposes of the historic courthouse preservation
program, and income earned on investments of money in the
account. Appropriations to the commission for the historic
courthouse preservation program shall be deposited to the credit
of the account. Notwithstanding Section 404.071, income earned on
money in the account shall be deposited to the credit of the
account.
(b) Except as otherwise provided by Subsection (c), the
commission may use money in the historic courthouse preservation
fund account to provide a grant or loan to a county that owns a
historic courthouse for a historic courthouse project. The grant
or loan may be in the amount and according to the terms that the
commission by rule shall determine.
(c) The commission may use money in the historic courthouse
preservation fund account to provide a loan under the historic
courthouse preservation program only to the extent that the
legislature provides in the General Appropriations Act that money
appropriated to the commission for the program may be used to
make loans.
(d) As a condition for providing the money under this section,
the commission may require creation of a conservation easement in
the property, as provided by Chapter 183, Natural Resources Code,
in favor of the state and may require creation of other
appropriate covenants in favor of the state. The commission may
take any necessary action to enforce repayment of a loan or any
other agreements made under this section and Sections 442.0081
and 442.0082.
(e) A grant for a historic courthouse project may not exceed the
greater of $6 million or two percent of the amount appropriated
for implementing the historic courthouse preservation program
during the state fiscal biennium.
(f) Biennial appropriations to the commission for administering
the historic courthouse preservation and maintenance programs
during a state fiscal biennium, including providing oversight for
historic courthouse projects, may not exceed 2-1/2 percent of the
amount appropriated for implementing the historic courthouse
preservation and maintenance programs during the state fiscal
biennium.
(g) The commission by rule may set a limit on the loan amount
for a historic courthouse project. This amount may be expressed
as a dollar amount or as a percentage of the total amount
appropriated for implementing the historic courthouse
preservation program during the state fiscal biennium.
(h) The commission may accept a gift, grant, or other donation
for the historic courthouse preservation program or a specific
historic courthouse project.
Added by Acts 1999, 76th Leg., ch. 403, Sec. 2, eff. Sept. 1,
1999.
Amended by:
Acts 2005, 79th Leg., Ch.
646, Sec. 3, eff. September 1, 2005.
Sec. 442.0084. EQUITABLE REPRESENTATION IN MONUMENTS. (a) In
this section, "monument" has the meaning assigned by Section
443.015, as added by Chapter 1141, Acts of the 75th Legislature,
Regular Session, 1997.
(b) To ensure that the diverse history of Texas is accurately
represented on land owned by the state other than the Capitol
Complex, the Texas Historical Commission shall:
(1) collect information relating to each monument on land owned
by the state other than the Capitol Complex; and
(2) in cooperation with the chair of the history department at
Prairie View A&M University, at The University of Texas at
Austin, or at any other land grant university in the state, as
determined by the commission, ensure the:
(A) historical accuracy of the monuments; and
(B) equitable representation of all Texans, including African
slaves, African Americans, Hispanic Americans, Native Americans,
women in Texas history, and Texans exemplifying military service
and rural heritage in monuments on land owned by the state other
than the Capitol Complex.
(c) The commission shall make the information collected under
this section available to the public.
Added by Acts 2001, 77th Leg., ch. 1315, Sec. 1, eff. Sept. 1,
2001. Renumbered from Government Code Sec. 442.0087 by Acts 2003,
78th Leg., ch. 1275, Sec. 2(60), eff. Sept. 1, 2003.
Sec. 442.0085. STATE REGISTER OF HISTORIC PLACES. (a) The
commission shall develop and maintain a state register of
historic places using existing statutory classifications of those
places, including Recorded Texas Historic Landmarks, National
Register listings, subject markers, and state archeological
landmarks.
(b) The commission shall adopt rules to implement this section.
Added by Acts 1995, 74th Leg., ch. 109, Sec. 6, eff. Aug. 30,
1995.
Sec. 442.0086. MILITARY SITES PROGRAM. (a) The commission
shall identify sites in and outside this state that are
historically significant to this state because of:
(1) military action or service at the sites; or
(2) other significant events of a military nature at the sites
that shaped the history of this state.
(b) In carrying out its duties under Subsection (a), the
commission shall assist other governmental entities, including
other states, institutions, organizations, and other entities in
identifying military sites outside this state where Texans served
with distinction.
(c) The commission may designate or encourage the designation of
sites identified under Subsections (a) and (b) through existing
history programs, including:
(1) local community landmark programs;
(2) the state historical marker program under Section 442.006;
(3) the National Register of Historic Places;
(4) the National Historic Landmarks program;
(5) the World Heritage List; and
(6) other appropriate programs.
(d) The commission may provide information regarding the
significance of the sites designated under this section using:
(1) historical markers and monuments;
(2) publications and films; and
(3) other appropriate media.
(e) The commission may seek assistance from other state and
local governmental entities in carrying out the commission's
duties under this section.
(f) The commission may seek and accept gifts, grants, and
donations from public or private sources, including seeking
available federal funds, to accomplish the purposes of this
section.
Added by Acts 1995, 74th Leg., ch. 109, Sec. 7, eff. Aug. 30,
1995.
Sec. 442.0087. FORT BLISS MUSEUM AND STUDY CENTER. (a) The
commission may assist Fort Bliss Military Reservation in El Paso
in the establishment and operation at Fort Bliss of a museum and
study center devoted to the history of the United States air
defense system.
(b) To accomplish the purposes of this section, the commission
may:
(1) seek and accept gifts, grants, and donations of funds or
property from public and private sources, including seeking
available federal funds; and
(2) contribute funds appropriated to the commission for the
purpose.
(c) The commission may provide assistance and contribute funds
under this section only if the commission receives appropriate
assurances that, subject to the security requirements of the
military reservation, the museum and study center will be open
for use by the general public.
Added by Acts 2001, 77th Leg., ch. 312, Sec. 1, eff. May 23,
2001.
Sec. 442.009. CONSUMER INFORMATION AND COMPLAINTS. (a) The
commission shall maintain a system to promptly and efficiently
act on complaints filed with the commission. The commission
shall maintain information about parties to the complaint, the
subject matter of the complaint, a summary of the results of the
review or investigation of the complaint, and its disposition.
(b) The commission shall make information available describing
its procedures for complaint investigation and resolution.
(c) The commission shall periodically notify the complaint
parties of the status of the complaint until final disposition.
(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1159, Sec. 46,
eff. June 15, 2007.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 109, Sec. 8, eff. Aug. 30,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 8, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 46, eff. June 15, 2007.
Sec. 442.0095. PROGRAM AND FACILITY ACCESSIBILITY. The
commission shall comply with federal and state laws related to
program and facility accessibility. The executive director shall
also prepare and maintain a written plan that describes how a
person who does not speak English can be provided reasonable
access to the commission's programs and services.
Added by Acts 1995, 74th Leg., ch. 109, Sec. 9, eff. Aug. 30,
1995.
Sec. 442.010. AUDITS; ANNUAL REPORT. (a) The financial
transactions of the commission are subject to audit by the state
auditor in accordance with Chapter 321.
(b) The commission shall prepare annually a complete and
detailed written report accounting for all funds received and
disbursed by the commission during the preceding fiscal year. The
annual report must meet the reporting requirements applicable to
financial reporting provided in the General Appropriations Act.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 584, Sec. 92, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 109, Sec. 10, eff. Aug. 30, 1995.
Sec. 442.011. PENALTY. A person who violates this chapter or
Chapter 191, Natural Resources Code, is subject to a civil
penalty of not less than $50 nor more than $1,000 for each day of
violation.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
312, Sec. 1, eff. September 1, 2007.
Sec. 442.012. LAWSUITS. (a) The attorney general or any
resident of this state may file suit in district court to
restrain and enjoin a violation or threatened violation of this
chapter or Chapter 191, Natural Resources Code, to recover on
behalf of the state a civil penalty provided by this chapter,
including a civil penalty provided for a violation of Chapter
191, Natural Resources Code, or for both injunctive relief and a
civil penalty.
(b) Venue of the suit filed is in Travis County or the county in
which the activity sought to be restrained or penalized is
alleged to have occurred, be occurring, or be about to occur.
(c) If the attorney general substantially prevails in an action
to recover a civil penalty under this section, the court shall
award the attorney general reasonable expenses incurred in
recovering the penalty, including court costs, reasonable
attorney's fees, expert witness fees, and deposition expenses.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
312, Sec. 2, eff. September 1, 2007.
Sec. 442.013. NO EFFECT ON OTHER ORGANIZATIONS AND ACTIVITIES.
It is not the purpose of this chapter to duplicate or replace
existing historical heritage organizations and activities, but to
give leadership, coordination, and service as needed and desired.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 442.014. MAIN STREET PROGRAM. (a) The commission shall
administer a main street program to assist municipalities with
the development, restoration, and preservation of their central
business districts.
(b) Each year the commission shall designate certain
municipalities to participate in the program as official main
street cities.
(c) The commission by rule shall prescribe qualification
standards for participation in the program as a main street city
or as an urban main street city. Any municipality not designated
under Subsection (b) may apply with the commission to participate
in the program under this subsection.
(d) The commission by rule shall prescribe a fee schedule for
participation in the program under Subsection (c). The commission
shall collect fees from the participating municipalities to
recover the costs of participation in the program.
Added by Acts 1989, 71st Leg., ch. 23, Sec. 1, eff. April 19,
1989.
Sec. 442.0145. TEXAS HISTORICAL ARTIFACTS PROGRAM; FUND. (a)
The commission shall administer a program to assist
municipalities, counties, museums, and county historical
commissions with:
(1) the development or improvement of museum facilities used to
display historical artifacts discovered in Texas that are
significant in Texas or American history; and
(2) the acquisition of historical artifacts discovered in Texas
that are significant in Texas or American history.
(b) The Texas Historical Artifacts Program fund is created as a
separate account in the general revenue fund. The fund is
composed of money appropriated to the fund, money deposited to
the fund under Subsection (c), and interest received from
investments of money in the fund that the comptroller shall
allocate to the fund. Sections 403.095 and 404.071 do not apply
to the fund or to interest received from investments of money in
the fund. Money in the fund may be spent only as provided by the
commission under this section.
(c) The commission may accept, for deposit in the Texas
Historical Artifacts Program fund, grants or other donations from
any source.
(d) The commission shall establish rules governing the use,
administration, and distribution of the Texas Historical
Artifacts Program fund. The rules must ensure that money in the
fund is used only for the purposes prescribed by Subsection (a),
including paying the expenses of administering the program.
Added by Acts 1999, 76th Leg., ch. 1370, Sec. 1, eff. June 19,
1999. Amended by Acts 2001, 77th Leg., ch. 377, Sec. 3, eff.
Sept. 1, 2001.
Sec. 442.015. TEXAS PRESERVATION TRUST FUND ACCOUNT. (a)
Notwithstanding Sections 403.094 and 403.095, the Texas
preservation trust fund account is a separate account in the
general revenue fund. The account consists of transfers made to
the account, loan repayments, grants and donations made for the
purposes of this program, proceeds of sales, earnings on the
account, and any other money received under this section.
Distributions from the account may be used only for the purposes
of this section and may not be used to pay operating expenses of
the commission. Money allocated to the commission's historic
preservation grant program shall be deposited to the credit of
the account. Earnings on the account shall be deposited to the
credit of the account.
(b) The commission may use distributions from the Texas
preservation trust fund account to provide financial assistance
to public or private entities for the acquisition, survey,
restoration, or preservation, or for planning and educational
activities leading to the preservation, of historic property in
the state that is listed in the National Register of Historic
Places or designated as a State Archeological Landmark or
Recorded Texas Historic Landmark, or that the commission
determines is eligible for such listing or designation. The
financial assistance may be in the amount and form and according
to the terms that the commission by rule determines. The
commission shall give priority to property the commission
determines to be endangered by demolition, neglect, underuse,
looting, vandalism, or other threat to the property. Gifts and
grants deposited to the credit of the account specifically for
any eligible projects may be used only for the type of projects
specified. If such a specification is not made, the gift or
grant shall be unencumbered and accrue to the benefit of the
Texas preservation trust fund account. If such a specification
is made, the entire amount of the gift or grant may be used
during any period for the project or type of project specified.
(c) As a condition of providing financial assistance under this
section, the commission shall require the creation of a
preservation easement in the property, as provided by Chapter
183, Natural Resources Code, in favor of the state, the
designation of the property as a State Archeological Landmark, as
provided by Chapter 191, Natural Resources Code, or the creation
of other appropriate covenants in favor of the state. The
commission may take any necessary action to enforce repayment of
a loan made under this section.
(d) The commission, after considering the recommendations of the
governor, lieutenant governor, and speaker of the house of
representatives, shall appoint an advisory board composed of:
(1) one representative of a bank or savings and loan
association;
(2) one attorney with a recognized background in historic
preservation;
(3) two architects with substantial experience in historic
preservation;
(4) two archeologists with substantial experience in Texas
archeology;
(5) one real estate professional with experience in historic
preservation;
(6) two persons with demonstrated commitment to historic
preservation; and
(7) two directors of nonprofit historic preservation
organizations.
(e) Members of the advisory board serve two-year terms expiring
February 1 of each odd-numbered year. A member of the advisory
board is not entitled to compensation for the member's service on
the advisory board but is entitled