82R10537 YDB-D
By: King of Parker H.B. No. 2879
A BILL TO BE ENTITLED
AN ACT
relating to the abolishment of the Texas Historical Commission and
the transfer of its duties to the Parks and Wildlife Commission, the
General Land Office, and the Texas State Library and Archives
Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 442, Government Code, is
amended to read as follows:
CHAPTER 442. TEXAS HISTORICAL PROPERTY AND HERITAGE [COMMISSION]
SECTION 2. Section 442.001, Government Code, is amended to
read as follows:
Sec. 442.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Parks and Wildlife
Commission.
(2) "Department" means the Parks and Wildlife
Department.
(3) "Historic courthouse" means a county courthouse
that is at least 50 years old.
(4) [(2)] "Historic courthouse project" means a
project to preserve or restore a historic courthouse.
(5) [(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 land office [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 commission [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.
(6) "Land office" means the General Land Office.
(7) "Library and archives commission" means the Texas
State Library and Archives Commission.
SECTION 3. Subchapter A, Chapter 442, Government Code, is
amended by adding Section 442.0011 to read as follows:
Sec. 442.0011. REFERENCE IN OTHER LAW. Except as
specifically provided by this chapter or other law, a reference in
this chapter or other law to the Texas Historical Commission means
the Parks and Wildlife Commission.
SECTION 4. The heading to Section 442.005, Government Code,
is amended to read as follows:
Sec. 442.005. GENERAL POWERS AND DUTIES OF PARKS AND
WILDLIFE COMMISSION, GENERAL LAND OFFICE, AND TEXAS STATE LIBRARY
AND ARCHIVES COMMISSION.
SECTION 5. Section 442.005, Government Code, is amended by
amending Subsections (a), (d), (e), (f), (g), (n), (o), (p), and (q)
and adding Subsections (a-1) and (a-2) to read as follows:
(a) The land office [commission] shall furnish leadership,
coordination, and services to persons of this state interested in
the preservation of historic courthouses and certain historic
properties, including properties described by Subsection (f).
(a-1) The library and archives commission shall:
(1) furnish leadership, coordination, and services to
county historical commissions, historical societies, historic
cemeteries, and museums;
(2) identify, evaluate, and interpret the historic and
cultural resources of this state; and
(3) act as a clearinghouse and information center for
the duties imposed under this subsection and this chapter.
(a-2) The commission shall furnish leadership,
coordination, and services to[, 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. The commission may delegate to the department a duty imposed
on the commission under this chapter or other law.
(d) The department [commission] shall compile and furnish
to the land office and the Texas Facilities [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 land office [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 land office [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 or land office may apply to any
appropriate agency or officer of the United States for
participation in any federal program pertaining to historic
preservation.
(n) Not later than December 1 before each regular session of
the legislature, the commission, land office, and library and
archives commission each shall make a report of its activities to
the governor and to the legislature.
(o) The commission, department, land office, or library and
archives 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, department, land office, or library and
archives 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,
department, land office, or library and archives commission. The
commission, department, land office, or library and archives
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,
department, land office, or library and archives commission.
(q) The commission, land office, or library and archives
commission each may adopt rules as it considers proper for the
effective administration of its duties under this chapter.
SECTION 6. Section 442.0055, Government Code, is amended to
read as follows:
Sec. 442.0055. AFFILIATED NONPROFIT ORGANIZATION; RULES;
GUIDELINES. (a) The commission, land office, or library and
archives commission shall adopt rules governing the relationship
between the agency [commission] and an affiliated nonprofit
organization formed under Section 442.005(p), including rules
that, at a minimum:
(1) define the extent to which the agency's
[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 the agency's
[commission] employees and an affiliated nonprofit organization.
(b) The commission, land office, or library and archives
commission shall establish guidelines for identifying and defining
the administrative and financial support the commission, land
office, or library and archives commission, as applicable, may
provide for an affiliated nonprofit organization formed under
Section 442.005(p).
SECTION 7. Section 442.008, Government Code, is amended to
read as follows:
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 land office [commission] of the
intended action at least six months before the date on which it
acts.
(b) If the land office [commission] determines that a
courthouse has historical significance worthy of preservation, the
land office [commission] shall notify the commissioners court of
the county of that fact not later than the 30th day after the date on
which the land office [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 land office
[commission]. The land office [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 land office
[commission].
SECTION 8. Section 442.0081, Government Code, is amended to
read as follows:
Sec. 442.0081. HISTORIC COURTHOUSE PRESERVATION AND
MAINTENANCE PROGRAMS; GRANTS AND LOANS. (a) The land office
[commission] shall administer a historic courthouse preservation
program.
(b) A county that owns a historic courthouse may apply to
the land office [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 land office
[commission] by rule may require.
(c) The land office [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 land
office [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 land
office [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 land office [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 land
office [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 land office
[commission] by rule may provide.
(f) The land office [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 land office [commission] shall appoint a Texas
Courthouse Preservation Program Advisory Committee. The committee
shall assist the land office [commission] on matters relating to
the historic courthouse preservation program. The land office
[commission] may reimburse a committee member's travel expenses and
provide a per diem for other expenses from funds appropriated to the
land office [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 land office
[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 land office [commission] shall adopt rules
necessary to implement the historic courthouse preservation and
maintenance programs.
SECTION 9. Sections 442.0082(a), (b), (c), and (e),
Government Code, are amended to read as follows:
(a) Before incurring any expenses payable from funds
received from the land office [commission] under the historic
courthouse preservation program, a county must have a master
preservation plan for its historic courthouse project. The land
office [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 land
office [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 land office [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, Chapter 469 [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.
(e) The land office [commission] by rule shall provide for
oversight procedures on a project. These rules shall provide for
reasonable inspections by the land office [commission] as well as
periodic reports by a county on a project's progress.
SECTION 10. Sections 442.0083(a), (b), (c), (d), (f), (g),
and (h), Government Code, are amended to read as follows:
(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 land office [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 land
office [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 land office [commission] by rule shall determine.
(c) The land office [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 land office [commission] for the
program may be used to make loans.
(d) As a condition for providing the money under this
section, the land office [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
land office [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.
(f) Biennial appropriations to the land office [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 land office [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 land office [commission] may accept a gift, grant,
or other donation for the historic courthouse preservation program
or a specific historic courthouse project.
SECTION 11. Sections 442.0084(b) and (c), Government Code,
are amended to read as follows:
(b) To ensure that the diverse history of Texas is
accurately represented on land owned by the state other than the
Capitol Complex, the library and archives commission [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 library and archives 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 library and archives commission shall make the
information collected under this section available to the public.
SECTION 12. Section 442.0085, Government Code, is amended
to read as follows:
Sec. 442.0085. STATE REGISTER OF HISTORIC PLACES. (a) The
library and archives 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 library and archives commission shall adopt rules to
implement this section.
SECTION 13. Section 442.0086, Government Code, is amended
to read as follows:
Sec. 442.0086. MILITARY SITES PROGRAM. (a) The library and
archives 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
library and archives 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 library and archives 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 library and archives 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 library and archives commission may seek assistance
from other state and local governmental entities in carrying out
the library and archives commission's duties under this section.
(f) The library and archives 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.
SECTION 14. Section 442.0087, Government Code, is amended
to read as follows:
Sec. 442.0087. FORT BLISS MUSEUM AND STUDY CENTER. (a) The
library and archives 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 library
and archives 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 library and
archives commission for the purpose.
(c) The library and archives commission may provide
assistance and contribute funds under this section only if the
library and archives 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.
SECTION 15. Section 442.0145, Government Code, is amended
to read as follows:
Sec. 442.0145. TEXAS HISTORICAL ARTIFACTS PROGRAM; FUND.
(a) The library and archives 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 library and archives
commission under this section.
(c) The library and archives commission may accept, for
deposit in the Texas Historical Artifacts Program fund, grants or
other donations from any source.
(d) The library and archives 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.
SECTION 16. Sections 442.015(a), (b), (c), (d), (f), and
(g), Government Code, are amended to read as follows:
(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 land office [commission]. Money allocated to the
land office's [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 land office [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 land office
[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 land office [commission] by rule
determines. The land office [commission] shall give priority to
property the land office [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 land office [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 land office
[commission] may take any necessary action to enforce repayment of
a loan made under this section.
(d) The land office [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.
(f) The advisory board shall recommend to the land office
[commission] rules for administering Subsections (a)-(e).
(g) The land office [commission] may accept grants or other
donations of money or other property and services from any source.
Money received under this subsection shall be deposited to the
credit of the Texas preservation trust fund account.
SECTION 17. Section 442.0155, Government Code, is amended
to read as follows:
Sec. 442.0155. FUNDS SUBJECT TO STATE FUNDS REFORM ACT. All
money paid to the commission, department, land office, or library
and archives commission under this chapter is subject to Subchapter
F, Chapter 404.
SECTION 18. Sections 442.016(b), (d), (f), (g), and (h),
Government Code, are amended to read as follows:
(b) A person is liable to the land office [commission] for
damages if the person:
(1) demolishes, causes to be demolished, or otherwise
adversely affects the structural, physical, or visual integrity of
a historic structure or property that is not located in a
municipality that has a demolition permit and a building permit
procedure; and
(2) does not obtain written permission from the land
office [commission] before beginning to demolish, cause the
demolition of, or otherwise adversely affect the structural,
physical, or visual integrity of the structure or property.
(d) Instead of accepting monetary damages, the land office
[commission] may permit the liable person to construct, using as
many of the original materials as possible, a structure or property
that is a reasonable facsimile of the demolished historic structure
or property or to restore, using as many of the original materials
as possible, the historic structure or property and to pay the cost
of attorney's, architect's, and appraiser's fees and other costs
related to the enforcement of this section.
(f) The construction of a facsimile structure or property
under Subsection (d) must be undertaken at the location designated
by the land office [commission], which may be the same location as
that of the demolished historic structure or property.
(g) The land office [commission] may make contracts and
adopt rules as necessary to carry out this section.
(h) The land office [commission] shall file in the real
property records of the county clerk's office in each county in
which a historic structure or property that is included on the
National Register of Historic Places or that is designated as a
Recorded Texas Historic Landmark is located a verified written
instrument listing each structure or property located in that
county by:
(1) the street address, if available in the land
office [commission] files;
(2) the legal description of the real property on
which the structure or property is located; and
(3) the name of the owner of the real property, if
available in the land office [commission] files.
SECTION 19. Section 442.017, Government Code, is amended to
read as follows:
Sec. 442.017. IDENTIFICATION AND PRESERVATION OF ABANDONED
CEMETERIES. (a) The library and archives commission should
establish a program to identify and preserve abandoned cemeteries
across the state.
(b) The library and archives commission is encouraged to use
volunteers to the maximum extent possible to implement the program
and to model the program to the extent appropriate on the
"Adopt-A-Beach" program conducted by the General Land Office.
(c) The library and archives commission may accept gifts,
grants, and in-kind donations from public and private entities for
the implementation of the program. The legislature may appropriate
money to the library and archives commission to implement the
program.
(d) The library and archives commission may adopt rules
reasonably necessary to implement the program.
SECTION 20. Section 442.018, Government Code, is amended to
read as follows:
Sec. 442.018. IDENTIFICATION AND PRESERVATION OF TEXAS
UNDERGROUND RAILROAD HISTORICAL SITES. (a) The library and
archives commission should establish a program to identify and
preserve Texas Underground Railroad Historical Sites.
(b) The library and archives commission is encouraged to use
volunteers to the maximum extent possible to implement the program
and to model the program to the extent appropriate on the
"Adopt-A-Beach" program conducted by the General Land Office.
(c) The library and archives commission may accept gifts,
grants, and in-kind donations from public and private entities for
the implementation of the program. The legislature may appropriate
money to the library and archives commission to implement the
program.
(d) The library and archives commission may adopt rules
reasonably necessary to implement the program.
SECTION 21. Section 442.072(a), Government Code, is amended
to read as follows:
(a) The following historic sites and parks [formerly under
the jurisdiction of the Parks and Wildlife Department] 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) Fort Griffin State Historic Site;
(8) Fort Lancaster State Historic Site;
(9) Fort McKavett State Historic Site;
(10) Fulton Mansion State Historic Site;
(11) Landmark Inn State Historic Site;
(12) Levi Jordan State Historic Site;
(13) Magoffin Home State Historic Site;
(14) Sabine Pass Battleground State Historic Site;
(15) Sam Bell Maxey House State Historic Site;
(16) San Felipe State Historic Site;
(17) Starr Family Home State Historic Site;
(18) Varner-Hogg Plantation State Historic Site.
SECTION 22. Section 318.001, Local Government Code, is
amended to read as follows:
Sec. 318.001. DEFINITIONS [DEFINITION]. In this
subchapter:
(1) "Commission"[, "commission"] means the county
historical commission.
(2) "Texas Historical Commission" means the Texas
State Library and Archives Commission.
SECTION 23. Section 191.003(1), Natural Resources Code, is
amended to read as follows:
(1) "Committee" means the Parks and Wildlife [Texas
Historical] Commission.
SECTION 24. Sections 13.005(c) and (d), Parks and Wildlife
Code, are amended to read as follows:
(c) The department shall formulate plans for the
preservation and development of historical sites. Before
formulating a plan for a specific site, the department shall
conduct an archeological survey of the site. In formulating plans,
the department shall:
(1) consider the results from the archeological survey
for the site if the plan is for a specific site;
(2) consider the resources necessary to manage a site;
and
(3) meet with and consider comments made by the
General Land Office [Texas Historical Commission].
(d) The department [and the Texas Historical Commission]
shall [form a joint panel to] establish criteria for determining
whether a site is of statewide significance under Subsection (a)
and to promote the continuity of a historic sites program.
SECTION 25. The following provisions are repealed:
(1) Sections 442.002, 442.0021, 442.0022, 442.0023,
442.003, and 442.004, Government Code;
(2) Sections 442.005(l), (s), and (t), Government
Code;
(3) Sections 442.009, 442.0095, 442.010, 442.014,
442.021, 442.022, 442.023, 442.025, 442.026, and 442.075,
Government Code; and
(4) Section 13.0051, Parks and Wildlife Code.
SECTION 26. On September 1, 2011:
(1) the position of executive director of the Texas
Historical Commission is abolished, except that the Parks and
Wildlife Department may hire the executive director for a position
in the department;
(2) an employee of the Texas Historical Commission
becomes an employee of the Parks and Wildlife Department unless
otherwise specifically provided by the transition plan under
Section 28 of this Act;
(3) except as otherwise provided by this Act, a
reference in law to the Texas Historical Commission means the Parks
and Wildlife Commission;
(4) all money, contracts, leases, rights, and
obligations of the Texas Historical Commission are transferred to
the Parks and Wildlife Commission unless otherwise specifically
provided by the transition plan under Section 28 of this Act;
(5) all property, including records, in the custody of
the Texas Historical Commission becomes the property of the Parks
and Wildlife Commission unless otherwise specifically provided by
the transition plan under Section 28 of this Act; and
(6) all funds appropriated by the legislature to the
Texas Historical Commission are transferred to the Parks and
Wildlife Commission unless otherwise specifically provided by the
transition plan under Section 28 of this Act.
SECTION 27. All functions and activities performed by the
Texas Historical Commission are transferred to the Parks and
Wildlife Commission, the General Land Office, and the Texas State
Library and Archives Commission, as appropriate, as provided by
this Act.
SECTION 28. The Texas Historical Commission and the Parks
and Wildlife Commission, the Parks and Wildlife Department, the
General Land Office, and the Texas State Library and Archives
Commission shall establish a transition plan for the transfer
described in Sections 26 and 27 of this Act.
SECTION 29. This Act takes effect September 1, 2011.