By: Watson S.B. No. 2005
(In the Senate - Filed March 10, 2017; March 27, 2017, read
first time and referred to Committee on Business & Commerce;
May 5, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; May 5, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2005 By: Creighton
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of jurisdiction over and management of the
property known as the French Legation to the Texas Historical
Commission and to certain historic sites under the commission's
jurisdiction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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;
(19) Sam Rayburn House State Historic Site;
(20) National Museum of the Pacific War;
(21) the property known as the French Legation; and
(22) Mission Dolores State Historic Site.
SECTION 2. Section 2165.257, Government Code, is
transferred to Subchapter C, Chapter 442, Government Code,
redesignated as Section 442.076, Government Code, and amended to
read as follows:
Sec. 442.076 [2165.257]. FRENCH LEGATION [EMBASSY].
(a) The commission is responsible for:
(1) the preservation, maintenance, and restoration of
the [The] property known as the French Legation and its contents;
and
(2) the protection of the historical and architectural
integrity of the exterior, interior, and grounds of the French
Legation [Embassy is for the use and purposes of the Daughters of
the Republic of Texas. They may take full charge of the building
and use it as they consider proper].
(b) Any power or duty related to the French Legation
formerly vested in another state agency or entity is vested solely
in the commission [The French Embassy is the property of the state,
and title to the property remains in the commission's custody].
(c) The commission may solicit and accept gifts, donations,
and grants of money or property from any public or private source to
be used for the purposes of this section.
(d) In carrying out the commission's responsibilities under
this section during the state fiscal biennium ending August 31,
2019, the commission may use only money or property received as a
gift, donation, or grant from a public or private source. This
subsection expires September 1, 2019.
SECTION 3. Subchapter C, Chapter 442, Government Code, is
amended by adding Section 442.077 to read as follows:
Sec. 442.077. AGREEMENT RELATING TO FRENCH LEGATION. The
commission may enter into an agreement with the Daughters of the
Republic of Texas regarding the management, staffing, operation,
and financial support of the property known as the French Legation.
SECTION 4. The heading to Section 2203.003, Government
Code, is amended to read as follows:
Sec. 2203.003. STATE PROPERTY UNDER CONTROL OF THE TEXAS
DIVISION UNITED DAUGHTERS OF THE CONFEDERACY[, TEXAS DIVISION, AND
THE DAUGHTERS OF THE REPUBLIC OF TEXAS].
SECTION 5. Section 2203.003(a), Government Code, is amended
to read as follows:
(a) The Texas Division United Daughters of the
Confederacy[, Texas Division, and the Daughters of the Republic of
Texas each] may charge admission to state property over which the
[each] organization has custody or control.
SECTION 6. (a) On September 1, 2017, or as soon as
practicable after that date, the Daughters of the Republic of Texas
with assistance from the Texas Facilities Commission shall take a
complete inventory of all personal property and fixtures located at
the property known as the French Legation. The inventory must
identify the origin of each item and its current owner as agreed to
between the Daughters of the Republic of Texas and the Texas
Facilities Commission. The Daughters of the Republic of Texas
shall be allowed a reasonable time after completion of the
inventory to remove any personal property and fixtures owned by the
organization.
(b) Any dispute regarding the ownership of personal
property and fixtures located at the French Legation shall be
resolved through alternative dispute resolution as provided by
Chapter 2009, Government Code.
(c) The Daughters of the Republic of Texas may transfer any
property of the organization described by this section to the Texas
Historical Commission.
SECTION 7. On September 1, 2017, the following are
transferred to the Texas Historical Commission:
(1) all powers and duties of the Daughters of the
Republic of Texas relating to the property known as the French
Legation;
(2) all state-owned assets in the possession of the
Daughters of the Republic of Texas relating to the French Legation;
and
(3) all files and other records of the Daughters of the
Republic of Texas kept by the organization regarding the French
Legation.
SECTION 8. On September 1, 2017, the following are
transferred to the Texas Historical Commission:
(1) all powers and duties of the Texas Facilities
Commission relating to the property known as the French Legation
and its grounds;
(2) all files and other records of the Texas
Facilities Commission relating to the French Legation;
(3) all contracts of the Texas Facilities Commission
pertaining specifically to the French Legation and its grounds; and
(4) all funds appropriated to the Texas Facilities
Commission designated for the benefit of the French Legation.
SECTION 9. On September 1, 2017, the Daughters of the
Republic of Texas shall transfer any money held in trust by the
organization under Section 2203.003, Government Code, as amended by
this Act, in relation to the property known as the French Legation
to the Texas Historical Commission to be held in trust by the
commission for the purposes described by Section 442.076,
Government Code, as redesignated and amended by this Act.
SECTION 10. This Act takes effect September 1, 2017.
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