Texas 2019 - 86th Regular

Texas House Bill HB1422 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1422
	1	+	By: Paddie (Senate Sponsor - Buckingham) H.B. No. 1422
	2	+	(In the Senate - Received from the House April 8, 2019;
	3	+	April 9, 2019, read first time and referred to Committee on Natural
	4	+	Resources & Economic Development; April 26, 2019, reported
	5	+	adversely, with favorable Committee Substitute by the following
	6	+	vote: Yeas 10, Nays 0; April 26, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1422 By: Birdwell
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the continuation and functions of the Texas Historical
6	14		Commission.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Section 442.002(k), Government Code, is amended
9	17		to read as follows:
10	18		(k) The Texas Historical Commission is subject to Chapter
11	19		325 (Texas Sunset Act). Unless continued in existence as provided
12	20		by that chapter, the commission is abolished and this chapter
13	21		expires September 1, 2031 [2019].
14	22		SECTION 2. Section 442.0021, Government Code, is amended by
15	23		amending Subsection (b) and adding Subsection (d) to read as
16	24		follows:
17	25		(b) The training program must provide the person with
18	26		information regarding:
19	27		(1) the law governing [legislation that created the]
20	28		commission operations;
21	29		(2) the programs, functions, rules, and budget of the
22	30		commission;
23	31		(3) the scope of and limitations on the rulemaking
24	32		authority of the commission;
25	33		(4) the results of the most recent formal audit of the
26	34		commission;
27	35		(5) [(4)] the requirements of:
28	36		(A) laws relating to open meetings, public
29	37		information, administrative procedure, and disclosing conflicts of
30	38		interest; and
31	39		(B) other laws applicable to members of the
32	40		commission in performing their duties; and
33	41		(6) [(5)] any applicable ethics policies adopted by
34	42		the commission or the Texas Ethics Commission.
35	43		(d) The executive director of the commission shall create a
36	44		training manual that includes the information required by
37	45		Subsection (b). The executive director shall distribute a copy of
38	46		the training manual annually to each member of the commission. Each
39	47		member of the commission shall sign and submit to the executive
40	48		director a statement acknowledging that the member received and has
41	49		reviewed the training manual.
42	50		SECTION 3. Subchapter A, Chapter 442, Government Code, is
43	51		amended by adding Sections 442.0045 and 442.0088 to read as
44	52		follows:
45	53		Sec. 442.0045. DELEGATION OF CERTAIN POWERS AND DUTIES.
46	54		(a) Except as provided by Subsection (b), the commission by order
47	55		or rule may delegate to the executive director the authority to
48	56		perform the duties or exercise the powers of the commission under
49	57		this chapter or other law, including Chapter 191, Natural Resources
50	58		Code.
51	59		(b) The commission may not delegate to the executive
52	60		director the following powers and duties:
53	61		(1) proposing and adopting commission policies and
54	62		rules;
55	63		(2) developing and approving the commission's
56	64		strategic plan under Chapter 2056 and annual operations plan and
57	65		periodically updating and reviewing those plans;
58	66		(3) approving the commission's legislative
59	67		appropriations request;
60	68		(4) approving the commission's biennial budget and any
61	69		significant amendments to that budget;
62	70		(5) approving the statewide comprehensive
63	71		preservation plan;
64	72		(6) providing information to the legislature
65	73		regarding the commission's budget and policies;
66	74		(7) hiring, evaluating, terminating, and setting the
67	75		compensation of the executive director;
68	76		(8) formally accepting gifts and grants to the
69	77		commission;
70	78		(9) establishing advisory committees and appointing
71	79		the members of those committees;
72	80		(10) designating, and removing the designation of,
73	81		State Archeological Landmarks;
74	82		(11) excusing a commissioner's absence from a meeting
75	83		of the commission;
76	84		(12) approving the designation and removal of Recorded
77	85		Texas Historic Landmarks, historic cemeteries, and Official Texas
78	86		Historical Markers;
79	87		(13) designating official main street cities;
80	88		(14) awarding historic courthouse preservation
81	89		program grants, certified local government grants, Texas
82	90		preservation trust fund account grants, and all other grants;
83	91		(15) selecting the winners of the governor's award for
84	92		historic preservation and other competitive statewide awards
85	93		awarded by the commission;
86	94		(16) approving curatorial facilities to hold
87	95		state-associated collections that are held in trust;
88	96		(17) acquiring and disposing of real property;
89	97		(18) establishing fees for commission services;
90	98		(19) approving amendments to contracts entered into by
91	99		the commission if the amendment extends the contract by six or more
92	100		months or increases the contract price by 10 percent or more;
93	101		(20) identifying and defining the relationship
94	102		between the commission and any affiliated nonprofit organization;
95	103		(21) raising issues regarding the performance of the
96	104		commission's staff and the operation of agency programs with the
97	105		chair, the executive director, or the appropriate deputy executive
98	106		director;
99	107		(22) determining whether a property offered to the
100	108		commission should be accepted into the commission's land banking
101	109		program or as a historic site; and
102	110		(23) recommending, in partnership with the Texas State
103	111		Historical Association, a nominee for appointment by the governor
104	112		as state historian.
105	113		(c) A delegation under this section may be amended or
106	114		withdrawn by commission vote.
107	115		Sec. 442.0088. TEXAS HERITAGE TRAILS PROGRAM. (a) The
108	116		Texas Historical Commission may establish and administer the Texas
109	117		Heritage Trails Program to promote tourism to heritage and cultural
110	118		attractions in this state.
111	119		(b) The commission may contract with one or more nonprofit
112	120		organizations to fulfill the commission's duties under this
113	121		section.
114	122		(c) The commission shall adopt rules to administer the Texas
115	123		Heritage Trails Program, including rules defining the principles of
116	124		heritage tourism and relating to contracts the commission enters
117	125		into with nonprofit organizations. Rules adopted under this
118	126		subsection relating to contracts with nonprofit organizations must
119	127		require each contract to clearly establish:
120	128		(1) the role of the nonprofit organization in
121	129		promoting heritage tourism;
122	130		(2) the nature of the relationship between the
123	131		commission and the nonprofit organization;
124	132		(3) the performance expectations for the nonprofit
125	133		organization;
126	134		(4) requirements and expectations regarding the
127	135		nonprofit organization's employees;
128	136		(5) the commission's expectations regarding ownership
129	137		of any literature, media, or other products developed or produced
130	138		by the nonprofit organization to promote heritage tourism during
131	139		the course of the contract;
132	140		(6) the commission's long-term goals for the program
133	141		and the nonprofit organization's role in meeting those goals;
134	142		(7) a system for evaluating the nonprofit
135	143		organization's overall performance, including the organization's
136	144		effectiveness in meeting the performance expectations described by
137	145		Subdivision (3); and
138	146		(8) the types of support, other than financial
139	147		support, the commission will provide to the nonprofit organization
140	148		to assist in the implementation and administration of the Texas
141	149		Heritage Trails Program.
142	150		SECTION 4. Section 442.072(a), Government Code, is amended
143	151		to read as follows:
144	152		(a) The following historic sites and parks are under the
145	153		commission's jurisdiction:
146	154		(1) Acton State Historic Site;
147	155		(2) Caddoan Mounds State Historic Site;
148	156		(3) Casa Navarro State Historic Site;
149	157		(4) Confederate Reunion Grounds State Historic Site;
150	158		(5) Eisenhower Birthplace State Historic Site;
151	159		(6) Fannin Battleground State Historic Site;
152	160		(7) Fanthorp Inn State Historic Site;
153	161		(8) Fort Griffin State Historic Site;
154	162		(9) [(8)] Fort Lancaster State Historic Site;
155	163		(10) [(9)] Fort McKavett State Historic Site;
156	164		(11) [(10)] Fulton Mansion State Historic Site;
157	165		(12) [(11)] Landmark Inn State Historic Site;
158	166		(13) [(12)] Levi Jordan State Historic Site;
159	167		(14) Lipantitlan State Historic Site;
160	168		(15) [(13)] Magoffin Home State Historic Site;
161	169		(16) Mission Dolores State Historic Site;
162	170		(17) Monument Hill and Kreische Brewery State Historic
163	171		Sites;
164	172		(18) National Museum of the Pacific War;
165	173		(19) [(14)] Sabine Pass Battleground State Historic
166	174		Site;
167	175		(20) [(15)] Sam Bell Maxey House State Historic Site;
168	176		(21) Sam Rayburn House State Historic Site;
169	177		(22) [(16)] San Felipe State Historic Site;
170	178		(23) [(17)] Starr Family Home State Historic Site;
171	179		(24) [(18)] Varner-Hogg Plantation State Historic
172	180		Site;
173	181		(25) Washington-on-the-Brazos State Historic Site;
174	182		and
175	183		(26) [(19) Sam Rayburn House State Historic Site;
176	184		[(20) National Museum of the Pacific War;
177	185		[(21)] the property known as the French Legation[; and
178	186		[(22) Mission Dolores State Historic Site].
179		-	SECTION 5. Section 442.073, Government Code, is amended by
180		-	adding Subsection (f) to read as follows:
181		-	(f) Money in the account may not be used to pay employee
182		-	benefits or benefit-related costs. Notwithstanding any other law,
183		-	the account is exempt from any applicable employee benefits
184		-	proportionality requirement.
185		-	SECTION 6. Chapter 442, Government Code, is amended by
	187	+	SECTION 5. Chapter 442, Government Code, is amended by
186	188		adding Subchapter F, and a heading is added to that subchapter to
187	189		read as follows:
188	190		SUBCHAPTER F. SAN JACINTO BATTLEGROUND STATE HISTORIC SITE
189		-	SECTION 7. Sections 22.011 and 22.016, Parks and Wildlife
	191	+	SECTION 6. Sections 22.011 and 22.016, Parks and Wildlife
190	192		Code, are transferred to Subchapter F, Chapter 442, Government
191	193		Code, as added by this Act, redesignated as Sections 442.251 and
192	194		442.252, Government Code, and amended to read as follows:
193	195		Sec. 442.251 [22.011]. JURISDICTION. (a) The San Jacinto
194	196		Battleground State Historic Site is under the jurisdiction of the
195	197		commission [department].
196	198		(b) The San Jacinto Battleground State Historic Site is a
197	199		historic site for purposes of Subchapter C.
198	200		Sec. 442.252 [22.016]. SAN JACINTO MUSEUM OF HISTORY
199	201		ASSOCIATION. The San Jacinto Museum of History Association, a
200	202		nonprofit historical association organized for the purposes of
201	203		operating the San Jacinto Memorial Building and Tower and
202	204		establishing a museum, retains ownership of property and historical
203	205		data held in the name of the association and may acquire museum
204	206		accessions by gift, grant, or purchase from association funds.
205		-	SECTION 8. Subchapter H, Chapter 22, Parks and Wildlife
	207	+	SECTION 7. Subchapter H, Chapter 22, Parks and Wildlife
206	208		Code, is transferred to Chapter 442, Government Code, redesignated
207	209		as Subchapter G, Chapter 442, Government Code, and amended to read
208	210		as follows:
209	211		SUBCHAPTER G [H]. PORT ISABEL LIGHTHOUSE STATE HISTORICAL MONUMENT
210	212		AND PARK
211	213		Sec. 442.271 [22.101]. JURISDICTION. (a) The Port Isabel
212	214		Lighthouse is a state historical monument and park and is under the
213	215		jurisdiction of the commission [department].
214	216		(b) The Port Isabel Lighthouse State Historical Monument
215	217		and Park is a historic site for purposes of Subchapter C.
216	218		Sec. 442.272 [22.102]. POWERS OF COMMISSION [DEPARTMENT].
217	219		The commission [department] may rehabilitate, maintain, and
218	220		preserve the property of the park, and may collect entrance fees for
219	221		admission to the park or operate it on a concession basis under the
220	222		provisions of this chapter [code].
221		-	SECTION 9. Subchapter Z, Chapter 2175, Government Code, is
	223	+	SECTION 8. Subchapter Z, Chapter 2175, Government Code, is
222	224		amended by adding Section 2175.909 to read as follows:
223	225		Sec. 2175.909. SALE OF CERTAIN HISTORIC PROPERTY; PROCEEDS
224	226		OF SALE. (a) In this section, "qualifying collection" means an
225	227		archeological, architectural, archival, decorative, or fine arts
226	228		collection.
227	229		(b) This section applies only to a state agency:
228	230		(1) that maintains a qualifying collection;
229	231		(2) that is authorized to dispose of surplus or
230	232		salvage property under Section 2175.065; and
231	233		(3) the governing body of which has adopted a written
232	234		policy governing the care and preservation of the qualifying
233	235		collection, including procedures relating to the deaccession of an
234	236		item from the collection.
235	237		(c) The state agency may deaccession an item from the
236	238		agency's qualifying collection if the governing body determines
237	239		that deaccession of the item is appropriate under the agency's
238	240		written policy governing the care and preservation of the
239	241		collection.
240	242		(d) A state agency and the Texas Facilities Commission may
241	243		sell a deaccessioned item in the manner provided by Subchapter D.
242	244		Before the sale of the item, the Texas Facilities Commission must
243	245		verify that the state agency's governing body complied with
244	246		Subsection (c).
245	247		(e) Notwithstanding Section 2175.191, proceeds from the
246	248		sale of the deaccessioned item by a state agency shall be deposited
247	249		to the credit of a dedicated account in the general revenue fund in
248	250		the manner prescribed by Subsection (f).
249	251		(f) The comptroller shall separately account for the amount
250	252		of money deposited to the credit of the account under Subsection (e)
251	253		resulting from the sale of deaccessioned items by each state
252	254		agency. Money deposited to the credit of the account may be
253	255		appropriated only to the state agency for which the comptroller
254	256		deposited the money to the account for the care and preservation of
255	257		the agency's qualifying collection.
256		-	SECTION 10. Section 21.104, Parks and Wildlife Code, is
	258	+	SECTION 9. Section 21.104, Parks and Wildlife Code, is
257	259		amended to read as follows:
258	260		Sec. 21.104. CONTRACTS AUTHORIZED. The department may
259	261		contract with any state or federal agency or with any other person
260	262		to accomplish the functions prescribed by Sections 21.102(1) and
261	263		(2) [Subdivisions (1) and (2) of Section 22.102 of this code].
262		-	SECTION 11. Section 151.801(c), Tax Code, is amended to
	264	+	SECTION 10. Section 151.801(c), Tax Code, is amended to
263	265		read as follows:
264	266		(c) The proceeds from the collection of the taxes imposed by
265	267		this chapter on the sale, storage, or use of sporting goods shall be
266	268		deposited as follows:
267		-	(1) an amount equal to 93 [94] percent of the proceeds
268		-	shall be credited to the Parks and Wildlife Department for the
269		-	purposes described by Subsection (c-1) and deposited to department
270		-	accounts as provided by that subsection [specified in the Parks and
271		-	Wildlife Code]; and
272		-	(2) an amount equal to seven [six] percent of the
	269	+	(1) an amount equal to 93.4 [94] percent of the
	270	+	proceeds shall be credited to the Parks and Wildlife Department and
	271	+	deposited as specified in the Parks and Wildlife Code; and
	272	+	(2) an amount equal to 6.6 [six] percent of the
273	273		proceeds shall be credited to the Texas Historical Commission and
274		-	deposited to the credit of the historic site account under [as
275		-	specified in] Section 442.073, Government Code.
276		-	SECTION 12. The following provisions are repealed:
	274	+	deposited as specified in Section 442.073, Government Code.
	275	+	SECTION 11. The following provisions are repealed:
277	276		(1) Section 442.0081(g), Government Code;
278	277		(2) Sections 442.015(d), (e), and (f), Government
279	278		Code;
280	279		(3) Subchapter A, Chapter 22, Parks and Wildlife Code;
281	280		(4) the heading to Subchapter B, Chapter 22, Parks and
282	281		Wildlife Code; and
283	282		(5) Sections 22.012, 22.013, 22.014, and 22.015, Parks
284	283		and Wildlife Code.
285		-	SECTION 13. (a) Except as provided by Subsection (b) of
	284	+	SECTION 12. (a) Except as provided by Subsection (b) of
286	285		this section, Section 442.0021, Government Code, as amended by this
287	286		Act, applies to a member of the Texas Historical Commission
288	287		appointed before, on, or after the effective date of this Act.
289	288		(b) A member of the Texas Historical Commission who, before
290	289		the effective date of this Act, completed the training program
291	290		required by Section 442.0021, Government Code, as that law existed
292	291		before the effective date of this Act, is required to complete
293	292		additional training only on subjects added by this Act to the
294	293		training program as required by Section 442.0021, Government Code,
295	294		as amended by this Act. A commission member described by this
296	295		subsection may not vote, deliberate, or be counted as a member in
297	296		attendance at a meeting of the commission held on or after December
298	297		1, 2019, until the member completes the additional training.
299		-	SECTION 14. (a) Not later than November 1, 2019, the Texas
	298	+	SECTION 13. (a) Not later than November 1, 2019, the Texas
300	299		Historical Commission shall adopt rules under Section 442.0088,
301	300		Government Code, as added by this Act.
302	301		(b) Section 442.0088(c), Government Code, as added by this
303	302		Act, applies only to a contract relating to the Texas Heritage
304	303		Trails Program that is entered into by the Texas Historical
305	304		Commission and a nonprofit organization on or after the effective
306	305		date of this Act.
307		-	SECTION 15. Section 2175.909, Government Code, as added by
	306	+	SECTION 14. Section 2175.909, Government Code, as added by
308	307		this Act, applies only to the deaccession of an item from a state
309	308		agency's qualifying collection, as that term is defined by Section
310	309		2175.909, that occurs on or after the effective date of this Act.
311		-	SECTION 16. (a) In this section, "historic site" means the:
	310	+	SECTION 15. (a) In this section, "historic site" means the:
312	311		(1) Fanthorp Inn State Historic Site;
313	312		(2) Lipantitlan State Historic Site;
314	313		(3) Monument Hill and Kreische Brewery State Historic
315	314		Sites;
316	315		(4) Port Isabel Lighthouse State Historical Monument
317	316		and Park;
318	317		(5) San Jacinto Battleground State Historic Site; and
319	318		(6) Washington-on-the-Brazos State Historic Site.
320	319		(b) On September 1, 2019, the following are transferred to
321	320		the Texas Historical Commission:
322	321		(1) each historic site described by Subsection (a) of
323	322		this section and all obligations and liabilities of the Parks and
324	323		Wildlife Department relating to those sites;
325	324		(2) all unobligated and unexpended funds appropriated
326	325		to the Parks and Wildlife Department designated for the
327	326		administration of those sites;
328	327		(3) all equipment and property of the Parks and
329	328		Wildlife Department used for the administration of or related to
330	329		those sites; and
331	330		(4) all files and other records of the Parks and
332	331		Wildlife Department kept by the department regarding those sites.
333	332		(c) A rule adopted by the Parks and Wildlife Commission that
334	333		is in effect immediately before September 1, 2019, and that relates
335	334		to a historic site is, on September 1, 2019, a rule of the Texas
336	335		Historical Commission and remains in effect until amended or
337	336		repealed by the Texas Historical Commission.
338	337		(d) The transfer under this section does not diminish or
339	338		impair the rights of a holder of an outstanding bond or other
340	339		obligation issued by the Parks and Wildlife Department in relation
341	340		to the support of a historic site.
342	341		(e) Beginning September 1, 2019, a reference in the Parks
343	342		and Wildlife Code or other law to a power, duty, obligation, or
344	343		liability of the Parks and Wildlife Department or the Parks and
345	344		Wildlife Commission that relates to a historic site is a reference
346	345		to the Texas Historical Commission. The Texas Historical
347	346		Commission is the successor agency to the Parks and Wildlife
348	347		Department and the Parks and Wildlife Commission for a historic
349	348		site.
350	349		(f) Before September 1, 2019, the Parks and Wildlife
351	350		Department may agree with the Texas Historical Commission to
352	351		transfer any property of the Parks and Wildlife Department to the
353	352		Texas Historical Commission to implement the transfer required by
354	353		this section.
355	354		(g) Until a historic site is transferred to the Texas
356	355		Historical Commission in accordance with this section, the Parks
357	356		and Wildlife Department shall continue to operate and maintain the
358	357		site under applicable law as it existed on January 1, 2018.
359	358		(h) This section takes effect immediately if this Act
360	359		receives a vote of two-thirds of all the members elected to each
361	360		house, as provided by Section 39, Article III, Texas Constitution.
362	361		If this Act does not receive the vote necessary for immediate
363	362		effect, this section takes effect on the 91st day after the last day
364	363		of the legislative session.
365		-	SECTION 17. Notwithstanding any other provision of this
	364	+	SECTION 16. Notwithstanding any other provision of this
366	365		Act, if on or before September 1, 2019, the Parks and Wildlife
367	366		Department has applied for a grant for which the department is
368	367		required to possess legal title to the San Jacinto Battleground
369	368		State Historic Site, the department may retain legal title to the
370	369		site for purposes of receiving the grant until the earlier of:
371	370		(1) the date on which the grant application is denied;
372	371		or
373	372		(2) September 1, 2021.
374		-	SECTION 18. The Texas Historical Commission is required to
375		-	implement a provision of this Act only if the legislature
376		-	appropriates money specifically for that purpose. If the
377		-	legislature does not appropriate money specifically for that
378		-	purpose, the commission may, but is not required to, implement a
379		-	provision of this Act using other appropriations available for that
380		-	purpose.
381		-	SECTION 19. Except as otherwise provided by this Act, this
	373	+	SECTION 17. Except as otherwise provided by this Act, this
382	374		Act takes effect September 1, 2019.
383		-	______________________________ ______________________________
384		-	President of the Senate Speaker of the House
385		-	I certify that H.B. No. 1422 was passed by the House on April
386		-	5, 2019, by the following vote: Yeas 142, Nays 0, 1 present, not
387		-	voting; and that the House concurred in Senate amendments to H.B.
388		-	No. 1422 on May 10, 2019, by the following vote: Yeas 98, Nays 7, 1
389		-	present, not voting.
390		-	______________________________
391		-	Chief Clerk of the House
392		-	I certify that H.B. No. 1422 was passed by the Senate, with
393		-	amendments, on May 2, 2019, by the following vote: Yeas 31, Nays 0.
394		-	______________________________
395		-	Secretary of the Senate
396		-	APPROVED: __________________
397		-	Date
398		-	__________________
399		-	Governor
	375	+	* * * * *