By: Kolkhorst S.B. No. 2230
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of the Washington-on-the-Brazos State
Historic Site from the Texas Parks and Wildlife Department to the
Texas Historical Commission.
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:
Sec. 442.072. JURISDICTION. (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) Washington-on-the-Brazos State Historic Site.
SECTION 2. (a) In this section, "historic site" means a
historic site or park listed under Section 442.072, Government
Code, as amended by this Act.
(b) On or after January 1, 2018, as provided by this
section, the following are transferred to the Texas Historical
Commission:
(1) the historic site and all obligations and
liabilities of the Parks and Wildlife Department relating to the
site;
(2) all unobligated and unexpended funds appropriated
to the Parks and Wildlife Department designated for the
administration of each site;
(3) all equipment and property of the Parks and
Wildlife Department used for the administration of or related to
each site; and
(4) all files and other records of the Parks and
Wildlife Department kept by the department regarding each site.
(c) A rule adopted by the Parks and Wildlife Commission that
is in effect immediately before January 1, 2018, and that relates to
a historic site is, on January 1, 2018, a rule of the Texas
Historical Commission and remains in effect until amended or
repealed by the Texas Historical Commission. A rule that applies to
both a transferred site and park that is not transferred is a rule
of both commissions and applies to the transferred site until
amended or repealed by the Texas Historical Commission.
(d) A transfer under this Act does not diminish or impair
the rights of a holder of an outstanding bond or other obligation
issued by the Parks and Wildlife Department in relation to the
support of a historic site.
(e) On January 1, 2018, a reference in the Parks and
Wildlife Code or other law to a power, duty, obligation, or
liability of the Parks and Wildlife Department or the Parks and
Wildlife Commission that relates to a historic site is a reference
to the Texas Historical Commission. The Texas Historical Commission
is the successor agency to the Parks and Wildlife Department and the
Parks and Wildlife Commission for the site.
(f) The Texas Historical Commission shall prepare a base
operating plan for each historic site before the transfer of any
site or associated artifact or archival materials from the Parks
and Wildlife Department to the commission. The base operating plan
for each site must be completed on or before January 1, 2018. The
base operating plan for each site must include:
(1) a mission statement outlining the goals for the
site;
(2) an interpretive plan showing how the mission is to
be accomplished;
(3) an operational plan, including:
(A) facilities, documents, records, and other
assets to be transferred;
(B) parties responsible for daily site
management, including staff that will be transferred;
(C) off-site support structure;
(D) plans for artifact and archival curation;
(E) assigned memoranda of understanding or
memoranda of agreement with appropriate friends groups and
volunteer organizations; and
(F) emergency plans;
(4) a maintenance plan, including maintenance and
repair needs;
(5) a marketing plan;
(6) a business plan, including revenue and visitation
goals;
(7) a plan for compliance with:
(A) Chapter 191, Natural Resources Code (the
Antiquities Code of Texas); and
(B) the National Historic Preservation Act (16
U.S.C. Section 470 et seq.); and
(8) fiscal plans and budgets associated with
Subdivisions (1) through (7) of this subsection.
(g) Until a historic site is transferred to the Texas
Historical Commission in accordance with this Act, the Parks and
Wildlife Department shall continue to operate and maintain the site
under applicable law as it existed on January 1, 2017.
(h) An employee of the Parks and Wildlife Department whose
job responsibilities are more than 50 percent related to a historic
site transferred to the Texas Historical Commission under this Act
becomes an employee of the Texas Historical Commission on the date
of the transfer of that site. An employee whose job is transferred
may not be dismissed after the transfer except for cause before the
first anniversary of the date of the transfer.
SECTION 3. 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, 2017.