Texas 2013 - 83rd Regular

Texas House Bill HB3674 Compare Versions

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1	1	By: Munoz, Jr., Guillen, Isaac H.B. No. 3674
2	2	(Senate Sponsor - Hinojosa)
3	3	(In the Senate - Received from the House May 6, 2013;
4	4	May 9, 2013, read first time and referred to Committee on
5	5	Government Organization; May 16, 2013, reported favorably by the
6	6	following vote: Yeas 5, Nays 0; May 16, 2013, sent to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to eligibility of municipalities to participate in the
12	12	historic courthouse preservation and maintenance programs
13	13	administered by the Texas Historical Commission.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 442.001(1), Government Code, is amended
16	16	to read as follows:
17	17	(1) "Historic courthouse" means a county courthouse
18	18	that is at least 50 years old. The term includes a structure that:
19	19	(A) previously functioned as the official county
20	20	courthouse of the county in which it is located; and
21	21	(B) is owned by a municipality.
22	22	SECTION 2. Sections 442.0081(b), (c), (d), (e), (f), and
23	23	(g-1), Government Code, are amended to read as follows:
24	24	(b) A county or municipality that owns a historic courthouse
25	25	may apply to the commission for a grant or loan for a historic
26	26	courthouse project. The application must:
27	27	(1) state the location of the courthouse;
28	28	(2) state whether the courthouse is or is likely to
29	29	become a historic structure;
30	30	(3) state the amount of money or in-kind contributions
31	31	that the county or municipality promises to contribute to the
32	32	project;
33	33	(4) state whether the courthouse is currently
34	34	functioning as a courthouse;
35	35	(5) include any plans, including a master preservation
36	36	plan, that the county or municipality may have for the project; and
37	37	(6) include any other information that the commission
38	38	by rule may require.
39	39	(c) The commission may grant or loan money to a county or
40	40	municipality that owns a historic courthouse, for the purpose of
41	41	preserving or restoring the courthouse, if the county's or
42	42	municipality's application meets the standards of the historic
43	43	courthouse preservation program. In considering whether to grant
44	44	an application, the commission shall consider the preferences and
45	45	factors listed in this section as well as any other factors that it
46	46	may provide by rule.
47	47	(d) In considering whether to grant an application, the
48	48	commission shall give preference to:
49	49	(1) a proposed project to preserve or restore a
50	50	courthouse:
51	51	(A) that is or is likely to become a historic
52	52	structure; and
53	53	(B) that:
54	54	(i) is still functioning as a courthouse;
55	55	(ii) was built before 1875; or
56	56	(iii) is subject to a conservation easement
57	57	held by the commission; and
58	58	(2) a county or municipality that will provide or has
59	59	provided at least 15 percent of the project's costs, including:
60	60	(A) in-kind contributions; and
61	61	(B) previous expenditures for master planning
62	62	and renovations on the courthouse that are the subject of the
63	63	application.
64	64	(e) In considering whether to grant an application, the
65	65	commission shall also consider the following factors:
66	66	(1) the amount of money available for a grant or loan
67	67	and the percentage of the costs that the county or municipality will
68	68	contribute;
69	69	(2) whether the county or municipality will contribute
70	70	any in-kind contribution such as labor or materials;
71	71	(3) the cost to preserve or restore the courthouse;
72	72	(4) the architectural style of the courthouse;
73	73	(5) the historic significance of the courthouse;
74	74	(6) the county's or municipality's master preservation
75	75	plan; and
76	76	(7) any other factors that the commission by rule may
77	77	provide.
78	78	(f) The commission shall adopt rules regarding the way in
79	79	which it will consider the following factors in analyzing a
80	80	county's or municipality's contribution to project costs under
81	81	Subsection (d)(2):
82	82	(1) the period during which past expenditures can be
83	83	considered;
84	84	(2) the amount of past expenditures that can be
85	85	considered; and
86	86	(3) the amount and type of in-kind contributions that
87	87	can be considered.
88	88	(g-1) To help protect courthouses that have benefited from
89	89	the historic courthouse preservation program, the commission shall
90	90	develop and implement a maintenance program to assist counties and
91	91	municipalities receiving money under the preservation program in
92	92	continuing to maintain, repair, and preserve the courthouses. The
93	93	maintenance program may include offering to periodically inspect
94	94	the courthouses and offering counties and municipalities technical
95	95	assistance and information on best practices in maintaining the
96	96	courthouses.
97	97	SECTION 3. Section 442.0082, Government Code, is amended to
98	98	read as follows:
99	99	Sec. 442.0082. HISTORIC COURTHOUSE PROJECT; REQUIREMENTS.
100	100	(a) Before incurring any expenses payable from funds received from
101	101	the commission under the historic courthouse preservation program,
102	102	a county or municipality must have a master preservation plan for
103	103	its historic courthouse project. The commission by rule shall
104	104	prescribe the minimum standards for a master preservation plan.
105	105	(b) A county or municipality that receives money under the
106	106	historic courthouse preservation program must use recognized
107	107	preservation standards for work on a historic courthouse project.
108	108	The commission by rule shall establish standards regarding the
109	109	quality of the work performed on a historic courthouse project.
110	110	(c) A county or municipality that receives money under the
111	111	historic courthouse preservation program for a historic courthouse
112	112	project may use the money only for eligible preservation and
113	113	restoration expenses that the commission by rule shall prescribe.
114	114	Eligible expenses may include costs for:
115	115	(1) structural, mechanical, electrical, and plumbing
116	116	systems and weather protection and emergency public safety issues
117	117	not covered by insurance;
118	118	(2) code and environmental compliance, including
119	119	complying with the federal Americans with Disabilities Act of 1990
120	120	and its subsequent amendments, Chapter 469 [Article 9102, Revised
121	121	Statutes], and other state laws relating to accessibility
122	122	standards, hazardous materials mitigation rules, and other similar
123	123	concerns;
124	124	(3) replication of a missing architectural feature;
125	125	(4) removal of an inappropriate addition or
126	126	modification; and
127	127	(5) restoration of a courtroom or other significant
128	128	public space in a functional and historically appropriate manner.
129	129	(d) A county's or municipality's expenditure of money
130	130	received under this chapter for a historic courthouse project is
131	131	subject to audit by the state auditor in accordance with Chapter
132	132	321.
133	133	(e) The commission by rule shall provide for oversight
134	134	procedures on a project. These rules shall provide for reasonable
135	135	inspections by the commission as well as periodic reports by a
136	136	county or municipality on a project's progress.
137	137	SECTION 4. Section 442.0083(b), Government Code, is amended
138	138	to read as follows:
139	139	(b) Except as otherwise provided by Subsection (c), the
140	140	commission may use money in the historic courthouse preservation
141	141	fund account to provide a grant or loan to a county or municipality
142	142	that owns a historic courthouse for a historic courthouse project.
143	143	The grant or loan may be in the amount and according to the terms
144	144	that the commission by rule shall determine.
145	145	SECTION 5. This Act takes effect immediately if it receives
146	146	a vote of two-thirds of all the members elected to each house, as
147	147	provided by Section 39, Article III, Texas Constitution. If this
148	148	Act does not receive the vote necessary for immediate effect, this
149	149	Act takes effect September 1, 2013.
150	150	* * * * *