Texas 2017 - 85th Regular

Texas Senate Bill SB2230 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Kolkhorst S.B. No. 2230
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the transfer of the Washington-on-the-Brazos State
7	7	Historic Site from the Texas Parks and Wildlife Department to the
8	8	Texas Historical Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 442.072(a), Government Code is amended
11	11	to read as follows:
12	12	Sec. 442.072. JURISDICTION. (a) The following historic
13	13	sites and parks formerly under the jurisdiction of the Parks and
14	14	Wildlife Department are under the commission's jurisdiction:
15	15	(1) Acton State Historic Site;
16	16	(2) Caddoan Mounds State Historic Site;
17	17	(3) Casa Navarro State Historic Site;
18	18	(4) Confederate Reunion Grounds State Historic Site;
19	19	(5) Eisenhower Birthplace State Historic Site;
20	20	(6) Fannin Battleground State Historic Site;
21	21	(7) Fort Griffin State Historic Site;
22	22	(8) Fort Lancaster State Historic Site;
23	23	(9) Fort McKavett State Historic Site;
24	24	(10) Fulton Mansion State Historic Site;
25	25	(11) Landmark Inn State Historic Site;
26	26	(12) Levi Jordan State Historic Site;
27	27	(13) Magoffin Home State Historic Site;
28	28	(14) Sabine Pass Battleground State Historic Site;
29	29	(15) Sam Bell Maxey House State Historic Site;
30	30	(16) San Felipe State Historic Site;
31	31	(17) Starr Family Home State Historic Site;
32	32	(18) Varner-Hogg Plantation State Historic Site;
33	33	(19) Washington-on-the-Brazos State Historic Site.
34	34	SECTION 2. (a) In this section, "historic site" means a
35	35	historic site or park listed under Section 442.072, Government
36	36	Code, as amended by this Act.
37	37	(b) On or after January 1, 2018, as provided by this
38	38	section, the following are transferred to the Texas Historical
39	39	Commission:
40	40	(1) the historic site and all obligations and
41	41	liabilities of the Parks and Wildlife Department relating to the
42	42	site;
43	43	(2) all unobligated and unexpended funds appropriated
44	44	to the Parks and Wildlife Department designated for the
45	45	administration of each site;
46	46	(3) all equipment and property of the Parks and
47	47	Wildlife Department used for the administration of or related to
48	48	each site; and
49	49	(4) all files and other records of the Parks and
50	50	Wildlife Department kept by the department regarding each site.
51	51	(c) A rule adopted by the Parks and Wildlife Commission that
52	52	is in effect immediately before January 1, 2018, and that relates to
53	53	a historic site is, on January 1, 2018, a rule of the Texas
54	54	Historical Commission and remains in effect until amended or
55	55	repealed by the Texas Historical Commission. A rule that applies to
56	56	both a transferred site and park that is not transferred is a rule
57	57	of both commissions and applies to the transferred site until
58	58	amended or repealed by the Texas Historical Commission.
59	59	(d) A transfer under this Act does not diminish or impair
60	60	the rights of a holder of an outstanding bond or other obligation
61	61	issued by the Parks and Wildlife Department in relation to the
62	62	support of a historic site.
63	63	(e) On January 1, 2018, a reference in the Parks and
64	64	Wildlife Code or other law to a power, duty, obligation, or
65	65	liability of the Parks and Wildlife Department or the Parks and
66	66	Wildlife Commission that relates to a historic site is a reference
67	67	to the Texas Historical Commission. The Texas Historical Commission
68	68	is the successor agency to the Parks and Wildlife Department and the
69	69	Parks and Wildlife Commission for the site.
70	70	(f) The Texas Historical Commission shall prepare a base
71	71	operating plan for each historic site before the transfer of any
72	72	site or associated artifact or archival materials from the Parks
73	73	and Wildlife Department to the commission. The base operating plan
74	74	for each site must be completed on or before January 1, 2018. The
75	75	base operating plan for each site must include:
76	76	(1) a mission statement outlining the goals for the
77	77	site;
78	78	(2) an interpretive plan showing how the mission is to
79	79	be accomplished;
80	80	(3) an operational plan, including:
81	81	(A) facilities, documents, records, and other
82	82	assets to be transferred;
83	83	(B) parties responsible for daily site
84	84	management, including staff that will be transferred;
85	85	(C) off-site support structure;
86	86	(D) plans for artifact and archival curation;
87	87	(E) assigned memoranda of understanding or
88	88	memoranda of agreement with appropriate friends groups and
89	89	volunteer organizations; and
90	90	(F) emergency plans;
91	91	(4) a maintenance plan, including maintenance and
92	92	repair needs;
93	93	(5) a marketing plan;
94	94	(6) a business plan, including revenue and visitation
95	95	goals;
96	96	(7) a plan for compliance with:
97	97	(A) Chapter 191, Natural Resources Code (the
98	98	Antiquities Code of Texas); and
99	99	(B) the National Historic Preservation Act (16
100	100	U.S.C. Section 470 et seq.); and
101	101	(8) fiscal plans and budgets associated with
102	102	Subdivisions (1) through (7) of this subsection.
103	103	(g) Until a historic site is transferred to the Texas
104	104	Historical Commission in accordance with this Act, the Parks and
105	105	Wildlife Department shall continue to operate and maintain the site
106	106	under applicable law as it existed on January 1, 2017.
107	107	(h) An employee of the Parks and Wildlife Department whose
108	108	job responsibilities are more than 50 percent related to a historic
109	109	site transferred to the Texas Historical Commission under this Act
110	110	becomes an employee of the Texas Historical Commission on the date
111	111	of the transfer of that site. An employee whose job is transferred
112	112	may not be dismissed after the transfer except for cause before the
113	113	first anniversary of the date of the transfer.
114	114	SECTION 3. This Act takes effect immediately if it receives
115	115	a vote of two-thirds of all the members elected to each house, as
116	116	provided by Section 39, Article III, Texas Constitution. If this
117	117	Act does not receive the vote necessary for immediate effect, this
118	118	Act takes effect September 1, 2017.