By: Munoz, Jr., Guillen, Isaac H.B. No. 3674
(Senate Sponsor - Hinojosa)
(In the Senate - Received from the House May 6, 2013;
May 9, 2013, read first time and referred to Committee on
Government Organization; May 16, 2013, reported favorably by the
following vote: Yeas 5, Nays 0; May 16, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to eligibility of municipalities to participate in the
historic courthouse preservation and maintenance programs
administered by the Texas Historical Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 442.001(1), Government Code, is amended
to read as follows:
(1) "Historic courthouse" means a county courthouse
that is at least 50 years old. The term includes a structure that:
(A) previously functioned as the official county
courthouse of the county in which it is located; and
(B) is owned by a municipality.
SECTION 2. Sections 442.0081(b), (c), (d), (e), (f), and
(g-1), Government Code, are amended to read as follows:
(b) A county or municipality 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 or municipality 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 or municipality 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 or
municipality that owns a historic courthouse, for the purpose of
preserving or restoring the courthouse, if the county's or
municipality'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 or municipality 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 or municipality will
contribute;
(2) whether the county or municipality 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 or municipality'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 or municipality'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-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 and
municipalities 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 and municipalities technical
assistance and information on best practices in maintaining the
courthouses.
SECTION 3. Section 442.0082, Government Code, is amended to
read as follows:
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 or municipality 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 or municipality 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 or municipality 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, 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.
(d) A county's or municipality'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 or municipality on a project's progress.
SECTION 4. Section 442.0083(b), Government Code, is amended
to read as follows:
(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 or municipality
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.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
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