Texas 2011 - 82nd Regular

Texas Senate Bill SB1518 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Eltife S.B. No. 1518
2	2	(Guillen)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of the Texas Historical
8	8	Commission; imposing a penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter F, Chapter 411, Government Code, is
11	11	amended by adding Section 411.1146 to read as follows:
12	12	Sec. 411.1146. ACCESS TO CRIMINAL HISTORY RECORD
13	13	INFORMATION: TEXAS HISTORICAL COMMISSION. (a) The Texas
14	14	Historical Commission is entitled to obtain criminal history record
15	15	information maintained by the department or the identification
16	16	division of the Federal Bureau of Investigation that relates to a
17	17	person who is:
18	18	(1) an employee, volunteer, or intern;
19	19	(2) an applicant to be an employee, volunteer, or
20	20	intern; or
21	21	(3) a contractor or subcontractor for the commission.
22	22	(b) Criminal history record information obtained by the
23	23	Texas Historical Commission under this section may not be released
24	24	or disclosed to any person except on court order or with the consent
25	25	of the person who is the subject of the information.
26	26	(c) The Texas Historical Commission shall collect and
27	27	destroy criminal history record information that relates to a
28	28	person immediately after the commission uses the information to
29	29	make an employment or other decision related to the person or take a
30	30	personnel action relating to the person who is the subject of the
31	31	criminal history record information.
32	32	(d) The Texas Historical Commission may not obtain criminal
33	33	history record information under this section unless the commission
34	34	first adopts policies and procedures that provide that evidence of
35	35	a criminal conviction or other relevant information obtained from
36	36	the criminal history record information does not automatically
37	37	disqualify an individual from obtaining employment or another
38	38	position or contract with the commission. The policies and
39	39	procedures developed under this section must provide that the
40	40	hiring official will determine whether the individual is qualified
41	41	for employment based on factors including:
42	42	(1) the specific duties of the position;
43	43	(2) the number of offenses committed by the
44	44	individual;
45	45	(3) the nature and seriousness of each offense;
46	46	(4) the length of time between the offense and the
47	47	employment decision;
48	48	(5) the efforts by the individual at rehabilitation;
49	49	and
50	50	(6) the accuracy of the information on the
51	51	individual's employment application.
52	52	SECTION 2. Section 442.0052, Government Code, is amended by
53	53	adding Subsections (c) and (d) to read as follows:
54	54	(c) The executive director may waive entrance fees and
55	55	facility use fees for historic sites under the commission's
56	56	jurisdiction for a volunteer to assist in the accomplishment of the
57	57	volunteer's service to the commission.
58	58	(d) The executive director may expend funds appropriated to
59	59	the commission from dedicated funding sources for:
60	60	(1) the establishment of an insurance program to
61	61	protect volunteers in the performance of volunteer service; and
62	62	(2) recognition of the services of a volunteer or
63	63	volunteer groups.
64	64	SECTION 3. Subchapter A, Chapter 442, Government Code, is
65	65	amended by adding Section 442.0054 to read as follows:
66	66	Sec. 442.0054. DISCLOSURE OF PERSONAL CUSTOMER
67	67	INFORMATION. (a) The name and address and a telephone, social
68	68	security, driver's license, bank account, credit card, or charge
69	69	card number of a person who purchases customer products, licenses,
70	70	or services from the commission may not be disclosed except as
71	71	authorized under this section.
72	72	(b) Chapter 552 does not apply to customer information
73	73	described by Subsection (a).
74	74	(c) The commission by rule shall adopt policies relating to:
75	75	(1) the release of the customer information;
76	76	(2) the use of the customer information by the
77	77	commission; and
78	78	(3) the sale of a mailing list consisting of the names
79	79	and addresses of persons who purchase customer products, licenses,
80	80	or services.
81	81	(d) The commission shall include in its policies a method
82	82	for a person by request to exclude information about the person from
83	83	a mailing list sold by the commission.
84	84	(e) The commission may disclose customer information to a
85	85	federal or state law enforcement agency if the agency provides a
86	86	lawfully issued subpoena.
87	87	(f) The commission and its officers and employees are immune
88	88	from civil liability for an unintentional violation of this
89	89	section.
90	90	(g) In this section, a reference to the commission includes
91	91	a reference to an agent of the commission.
92	92	SECTION 4. Subchapter A, Chapter 442, Government Code, is
93	93	amended by adding Sections 442.0056, 442.0057, 442.0058, and
94	94	442.0059 to read as follows:
95	95	Sec. 442.0056. ACQUISITION OF HISTORIC SITES. (a) The
96	96	commission may acquire by purchase, gift, or other manner historic
97	97	sites:
98	98	(1) where events occurred that represent an important
99	99	aspect of the cultural, political, economic, military, or social
100	100	history of the nation or state;
101	101	(2) significantly associated with the lives of
102	102	outstanding historic persons or with an important event that
103	103	represents a great ideal or idea;
104	104	(3) embodying the distinguishing characteristics of
105	105	an architectural type that is inherently valuable for study of a
106	106	period, style, or method of construction;
107	107	(4) that contribute significantly to the
108	108	understanding of aboriginal humans in the nation or state; or
109	109	(5) that are of significant geologic interest relating
110	110	to prehistoric animal or plant life.
111	111	(b) The commission shall restore and maintain each historic
112	112	site acquired under this section for the benefit of the general
113	113	public. The commission may enter into interagency contracts for
114	114	this purpose.
115	115	(c) The commission shall formulate plans for the
116	116	preservation and development of historic sites. Before formulating
117	117	a plan for a specific site, the commission shall conduct an
118	118	archeological survey of the site. In formulating plans, the
119	119	commission shall:
120	120	(1) consider the results from the archeological survey
121	121	for the site if the plan is for a specific site; and
122	122	(2) consider the resources necessary to manage a site.
123	123	Sec. 442.0057. SOLICITATION, RECEIPT, AND TRANSFER OF LAND.
124	124	(a) The commission may solicit and receive donations of land for
125	125	public purposes and may refuse donations of land not acceptable for
126	126	public purposes.
127	127	(b) If title to a site has vested in the commission and if
128	128	ownership of the site is no longer in the best interest of the
129	129	commission, the commission may transfer the title:
130	130	(1) to another state commission, department, or
131	131	institution requesting the site;
132	132	(2) to the donor of the land if the donor requests the
133	133	return of the site;
134	134	(3) to the United States if it has undertaken the
135	135	development of the site for public purposes;
136	136	(4) to the grantor if the deed to the commission
137	137	contains a reversion clause providing that title reverts to the
138	138	grantor when the site is not used for the purposes for which it was
139	139	acquired; or
140	140	(5) to any legally authorized entity if the property
141	141	is to be used for public purposes.
142	142	Sec. 442.0058. SALE OR EXCHANGE OF LAND. (a) The
143	143	executive director with the approval of the commission may execute
144	144	a deed exchanging real property or an interest in real property
145	145	either as all or partial consideration for other real property or
146	146	interest in real property. The executive director with the
147	147	approval of the commission may execute a deed selling real property
148	148	or an interest in real property under the jurisdiction of the
149	149	commission if ownership of the real property is no longer in the
150	150	best interest of the commission.
151	151	(b) The commission shall receive a good and marketable title
152	152	to all land exchanged under this section.
153	153	(c) All land to be received in the exchange must be
154	154	appraised, and if the land to be received is of greater value, as
155	155	determined by an independent and competent appraisal, than the
156	156	state land exchanged, the commission may use funds available for
157	157	land acquisitions as a partial consideration for the exchange.
158	158	(d) The receipts from the sale of land under this section
159	159	shall be used for improving or acquiring other real property
160	160	dedicated to the same purpose for which the land sold was dedicated.
161	161	Sec. 442.0059. EMPLOYEE FUND-RAISING. (a) This section
162	162	applies only to the solicitation or receipt of a gift, including
163	163	money, that has a value of $500 or more.
164	164	(b) The commission by rule shall adopt policies to govern
165	165	fund-raising activities by commission employees on behalf of the
166	166	commission. The rules must:
167	167	(1) designate the types of employees who may solicit
168	168	donations;
169	169	(2) restrict where and how fund-raising may occur; and
170	170	(3) establish requirements for reports by employees to
171	171	the director.
172	172	(c) The executive director shall approve and manage
173	173	fund-raising activities by commission employees on behalf of the
174	174	commission in accordance with commission rules.
175	175	SECTION 5. Chapter 442, Government Code, is amended by
176	176	adding Subchapters D and E to read as follows:
177	177	SUBCHAPTER D. OPERATION OF HISTORIC SITES
178	178	Sec. 442.101. AUTHORITY TO CONTRACT. (a) For the purpose
179	179	of carrying out the powers, duties, and responsibilities of the
180	180	commission related to historic sites described by Subchapter C, the
181	181	executive director or the executive director's designee may
182	182	negotiate, contract, or enter an agreement for:
183	183	(1) professional services relating to a commission
184	184	project, including project management, design, bid, and
185	185	construction administration; and
186	186	(2) construction, restoration, renovation, or
187	187	preservation of any building, structure, or landscape.
188	188	(b) The commission may contract with any appropriate entity
189	189	for services necessary to carry out its responsibilities regarding
190	190	historic sites described by Subchapter C.
191	191	(c) The commission by rule shall adopt policies and
192	192	procedures consistent with Subchapter A, Chapter 2254, and other
193	193	applicable state procurement practices for soliciting and awarding
194	194	contracts under this section.
195	195	Sec. 442.102. CONSTRUCTION OF ROADS BY TEXAS DEPARTMENT OF
196	196	TRANSPORTATION. (a) The commission may contract with the Texas
197	197	Transportation Commission for the construction and paving of roads
198	198	in and adjacent to historic sites described by Subchapter C.
199	199	(b) Agreements under this section must be made in conformity
200	200	with Chapter 771.
201	201	Sec. 442.103. LEASE OF LANDS AND IMPROVEMENTS. (a) The
202	202	commission may lease any land or improvement that is part of a
203	203	historic site described by Subchapter C to a municipality, county,
204	204	special district, nonprofit organization, or political
205	205	subdivision. After the execution of the lease, the leased area may
206	206	not be referred to as a state facility and state funds may not be
207	207	used to operate or maintain the property.
208	208	(b) The conditions and duration of the lease agreement are
209	209	determined by the agreement of the commission and the lessee.
210	210	Sec. 442.104. LEASE OF GRAZING RIGHTS; SALE OF PRODUCTS.
211	211	(a) The commission may lease grazing rights on any historic site
212	212	described by Subchapter C and may lease from other parties grazing
213	213	rights necessary for proper livestock management. The commission
214	214	may harvest and sell, or sell in place, any timber, hay, livestock,
215	215	or other product grown on any historic site described by Subchapter
216	216	C that the commission finds to be in excess of natural resource
217	217	management, educational, or interpretive objectives. Timber may be
218	218	harvested only for forest pest management, salvage, or habitat
219	219	restoration and consistent with good forestry practices and the
220	220	advice of the Texas Forest Service.
221	221	(b) The commission may agree to accept materials, supplies,
222	222	or services instead of money as part or full payment for a sale or
223	223	lease under this subchapter. The commission may not assign to the
224	224	materials, supplies, or services accepted as payment under this
225	225	subsection a value that exceeds their actual market value.
226	226	Sec. 442.105. ESTABLISHMENT OF FEES; REVENUE. (a) In
227	227	setting the amounts of the fees for entering, reserving, or using a
228	228	historic site described by Subchapter C, the commission:
229	229	(1) shall establish reasonable and necessary fees for
230	230	the administration of commission programs; and
231	231	(2) may not set fees in amounts that permit the
232	232	commission to maintain unnecessary fund balances.
233	233	(b) The commission may sell any item in the possession of
234	234	the commission in which the state has title, or acquire and resell
235	235	items if a profit can be made, to provide funding for programs
236	236	administered by the commission.
237	237	(c) The commission may set and charge a fee for the use of a
238	238	credit card to pay a fee imposed by the commission in an amount
239	239	reasonable and necessary to reimburse the commission for the costs
240	240	involved in the use of the card.
241	241	Sec. 442.106. CONCESSIONS. The commission may operate or
242	242	grant contracts to operate concessions on the grounds of historic
243	243	sites described by Subchapter C. The commission may make rules
244	244	governing the granting or operating of concessions. The commission
245	245	may establish and operate staff concessions, including salaries,
246	246	consumable supplies and materials, operating expenses, rental and
247	247	other equipment, and other capital outlays.
248	248	Sec. 442.107. PUBLICATIONS ON HISTORIC SITES. (a) The
249	249	commission may provide or sell information about historic sites
250	250	described by Subchapter C to the public, including books,
251	251	magazines, photographs, prints, and bulletins.
252	252	(b) The commission may enter into contractual agreements
253	253	for publication of information concerning historic sites described
254	254	by Subchapter C.
255	255	(c) The commission may receive royalties on
256	256	commission-owned materials that are sold or supplied to others by
257	257	the commission for publication.
258	258	(d) Money received under this section shall be deposited in
259	259	the state treasury to the credit of the account from which expenses
260	260	for the publication were paid.
261	261	Sec. 442.108. DEPOSIT OF RECEIPTS. The commission shall
262	262	deposit to the credit of the historic site account all revenue, less
263	263	allowable costs, received from the following sources:
264	264	(1) the operation of concessions at historic sites
265	265	described by Subchapter C;
266	266	(2) lease of grazing rights on a historic site;
267	267	(3) sale of products grown on a historic site;
268	268	(4) fines received from violations of rules governing
269	269	historic sites under Subchapter E; and
270	270	(5) any other source.
271	271	Sec. 442.109. MISTAKEN DEPOSIT. (a) Any funds deposited
272	272	in the state treasury under this subchapter by the commission by
273	273	mistake of fact or mistake of law shall be refunded by warrant
274	274	issued against the fund and credited against the account in the
275	275	state treasury into which the money was deposited. Refunds
276	276	necessary to make the proper correction shall be appropriated by
277	277	the General Appropriations Act.
278	278	(b) The comptroller may require written evidence from the
279	279	executive director of the commission to indicate the reason for the
280	280	mistake of fact or law before issuing the refund warrant authorized
281	281	by Subsection (a).
282	282	(c) This section does not apply to any funds that have been
283	283	deposited under a written contract.
284	284	Sec. 442.110. PROGRAMS FOR THE DEVELOPMENT OF HISTORIC
285	285	SITES AND STRUCTURES. (a) The commission may apply to any
286	286	appropriate agency or officer of the United States for
287	287	participation in or the receipt of aid from any federal program
288	288	involving the planning, acquisition, and development of historic
289	289	sites and structures described by Subchapter C.
290	290	(b) The commission may contract with the United States to
291	291	plan, acquire, and develop historic sites and structures described
292	292	by Subchapter C in conformity with any federal act concerning the
293	293	development of historic sites and structures.
294	294	(c) The commission shall keep financial and other records
295	295	relating to programs under this section and shall furnish to
296	296	appropriate officials and agencies of the United States and of this
297	297	state all reports and information reasonably necessary for the
298	298	administration of the programs.
299	299	Sec. 442.111. FINANCING OF HISTORIC SITE PROGRAMS.
300	300	(a) The operation, maintenance, and improvement of historic sites
301	301	described by Subchapter C shall be financed from the general
302	302	revenue fund, the historic site account, other accounts that may be
303	303	authorized by law, and donations, grants, and gifts received by the
304	304	commission for these purposes.
305	305	(b) A donation, grant, or gift accruing to the state or
306	306	received by the commission for the purpose of operating,
307	307	maintaining, improving, or developing historic sites described by
308	308	Subchapter C may not be used for any purpose other than the
309	309	operation, maintenance, or developing of historic sites.
310	310	SUBCHAPTER E. RULES GOVERNING HISTORIC SITES
311	311	Sec. 442.201. AUTHORIZATION. The commission may adopt
312	312	rules governing the health, safety, and protection of persons and
313	313	property in historic sites described by Subchapter C under the
314	314	control of the commission, including public water within historic
315	315	sites.
316	316	Sec. 442.202. SCOPE OF RULES. The rules may govern:
317	317	(1) the conservation, preservation, and use of state
318	318	property, whether natural features or constructed facilities;
319	319	(2) the abusive, disruptive, or destructive conduct of
320	320	persons;
321	321	(3) the activities of site visitors, including
322	322	camping, swimming, boating, fishing, or other recreational
323	323	activities;
324	324	(4) the possession of pets or animals;
325	325	(5) the regulation of traffic and parking; and
326	326	(6) conduct that endangers the health or safety of
327	327	site visitors or their property.
328	328	Sec. 442.203. POSTING OF RULES. All specific or general
329	329	rules applying to a historic site described by Subchapter C must be
330	330	posted in a conspicuous place at the site. A copy of the rules shall
331	331	be made available on request to persons visiting the site.
332	332	Sec. 442.204. REMOVAL FROM SITE. (a) Any person directly
333	333	or indirectly responsible for disruptive, destructive, or violent
334	334	conduct that endangers property or the health, safety, or lives of
335	335	persons or animals may be removed from a historic site described by
336	336	Subchapter C for a period not to exceed 48 hours.
337	337	(b) Before removal under this section, the person must be
338	338	given notice of the provisions of this section and an opportunity to
339	339	correct the conduct justifying removal.
340	340	(c) A court of competent jurisdiction may enjoin a person
341	341	from reentry to the historic site described by Subchapter C, on
342	342	cause shown, for any period set by the court.
343	343	Sec. 442.205. ENFORCEMENT OF RULES. Rules adopted under
344	344	this subchapter may be enforced by any peace officer. A notice to
345	345	appear may be issued by a peace officer for violation of a rule on a
346	346	form prescribed by the commission.
347	347	Sec. 442.206. EFFECT OF RULES. A rule adopted under this
348	348	subchapter does not amend or repeal any penal law of this state.
349	349	Sec. 442.207. PENALTY. A person who violates a rule adopted
350	350	under this subchapter commits an offense that is a Class C
351	351	misdemeanor.
352	352	SECTION 6. Section 651.004, Government Code, is amended by
353	353	adding Subsection (g) to read as follows:
354	354	(g) The Texas Historical Commission is not required to
355	355	comply with management-to-staff ratio requirements of this section
356	356	with respect to employees located in field-based operations.
357	357	SECTION 7. Subsection (a), Section 2166.003, Government
358	358	Code, is amended to read as follows:
359	359	(a) Unless otherwise provided, this chapter does not apply
360	360	to:
361	361	(1) a project constructed by and for the Texas
362	362	Department of Transportation;
363	363	(2) a project constructed by and for a state
364	364	institution of higher education;
365	365	(3) a pen, shed, or ancillary building constructed by
366	366	and for the Department of Agriculture for the processing of
367	367	livestock before export;
368	368	(4) a project constructed by the Parks and Wildlife
369	369	Department;
370	370	(5) a repair or rehabilitation project, except a major
371	371	renovation, of buildings and grounds on the commission inventory;
372	372	(6) a repair and rehabilitation project of another
373	373	using agency, if all labor for the project is provided by the
374	374	regular maintenance force of the using agency under specific
375	375	legislative authorization and the project does not require the
376	376	advance preparation of working plans or drawings;
377	377	(7) a repair and rehabilitation project involving the
378	378	use of contract labor, if the project has been excluded from this
379	379	chapter by commission rule and does not require the advance
380	380	preparation of working plans or drawings;
381	381	(8) an action taken by the Texas Commission on
382	382	Environmental Quality under Subchapter F or I, Chapter 361, Health
383	383	and Safety Code;
384	384	(9) a repair, rehabilitation, or construction project
385	385	on property owned by the Texas Department of Housing and Community
386	386	Affairs or the Texas State Affordable Housing Corporation; [or]
387	387	(10) a project constructed by and for the Veterans'
388	388	Land Board; or
389	389	(11) a project constructed by and for the Texas
390	390	Historical Commission.
391	391	SECTION 8. Subsection (a), Section 13.001, Parks and
392	392	Wildlife Code, is amended to read as follows:
393	393	(a) Except as otherwise provided by law, the following are
394	394	under the department's control and custody:
395	395	(1) all recreational and natural areas designated as
396	396	state parks; and
397	397	(2) all historical sites under the jurisdiction of
398	398	[acquired by] the department.
399	399	SECTION 9. Section 13.0052, Parks and Wildlife Code, is
400	400	amended to read as follows:
401	401	Sec. 13.0052. REPORTS. The department shall periodically
402	402	prepare reports on plans to preserve and develop historical sites
403	403	under the jurisdiction of the department in this state.
404	404	SECTION 10. Section 13.010, Parks and Wildlife Code, is
405	405	amended to read as follows:
406	406	Sec. 13.010. HISTORIC SITES. The department and the Texas
407	407	Historical Commission may cooperate to locate, designate, and
408	408	suitably mark historic grounds, battlefields, and other historic
409	409	spots in Texas as historic sites. Fitting markers may be erected;
410	410	however, no expense may be incurred in the name of the state for
411	411	this project.
412	412	SECTION 11. This Act takes effect immediately if it
413	413	receives a vote of two-thirds of all the members elected to each
414	414	house, as provided by Section 39, Article III, Texas Constitution.
415	415	If this Act does not receive the vote necessary for immediate
416	416	effect, this Act takes effect September 1, 2011.