H.B. No. 1422
AN ACT
relating to the continuation and functions of the Texas Historical
Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 442.002(k), Government Code, is amended
to read as follows:
(k) The Texas Historical Commission is subject to Chapter
325 (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the commission is abolished and this chapter
expires September 1, 2031 [2019].
SECTION 2. Section 442.0021, Government Code, is amended by
amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing [legislation that created the]
commission operations;
(2) the programs, functions, rules, and budget of the
commission;
(3) the scope of and limitations on the rulemaking
authority of the commission;
(4) the results of the most recent formal audit of the
commission;
(5) [(4)] the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest; and
(B) other laws applicable to members of the
commission in performing their duties; and
(6) [(5)] any applicable ethics policies adopted by
the commission or the Texas Ethics Commission.
(d) The executive director of the commission shall create a
training manual that includes the information required by
Subsection (b). The executive director shall distribute a copy of
the training manual annually to each member of the commission. Each
member of the commission shall sign and submit to the executive
director a statement acknowledging that the member received and has
reviewed the training manual.
SECTION 3. Subchapter A, Chapter 442, Government Code, is
amended by adding Sections 442.0045 and 442.0088 to read as
follows:
Sec. 442.0045. DELEGATION OF CERTAIN POWERS AND DUTIES.
(a) Except as provided by Subsection (b), the commission by order
or rule may delegate to the executive director the authority to
perform the duties or exercise the powers of the commission under
this chapter or other law, including Chapter 191, Natural Resources
Code.
(b) The commission may not delegate to the executive
director the following powers and duties:
(1) proposing and adopting commission policies and
rules;
(2) developing and approving the commission's
strategic plan under Chapter 2056 and annual operations plan and
periodically updating and reviewing those plans;
(3) approving the commission's legislative
appropriations request;
(4) approving the commission's biennial budget and any
significant amendments to that budget;
(5) approving the statewide comprehensive
preservation plan;
(6) providing information to the legislature
regarding the commission's budget and policies;
(7) hiring, evaluating, terminating, and setting the
compensation of the executive director;
(8) formally accepting gifts and grants to the
commission;
(9) establishing advisory committees and appointing
the members of those committees;
(10) designating, and removing the designation of,
State Archeological Landmarks;
(11) excusing a commissioner's absence from a meeting
of the commission;
(12) approving the designation and removal of Recorded
Texas Historic Landmarks, historic cemeteries, and Official Texas
Historical Markers;
(13) designating official main street cities;
(14) awarding historic courthouse preservation
program grants, certified local government grants, Texas
preservation trust fund account grants, and all other grants;
(15) selecting the winners of the governor's award for
historic preservation and other competitive statewide awards
awarded by the commission;
(16) approving curatorial facilities to hold
state-associated collections that are held in trust;
(17) acquiring and disposing of real property;
(18) establishing fees for commission services;
(19) approving amendments to contracts entered into by
the commission if the amendment extends the contract by six or more
months or increases the contract price by 10 percent or more;
(20) identifying and defining the relationship
between the commission and any affiliated nonprofit organization;
(21) raising issues regarding the performance of the
commission's staff and the operation of agency programs with the
chair, the executive director, or the appropriate deputy executive
director;
(22) determining whether a property offered to the
commission should be accepted into the commission's land banking
program or as a historic site; and
(23) recommending, in partnership with the Texas State
Historical Association, a nominee for appointment by the governor
as state historian.
(c) A delegation under this section may be amended or
withdrawn by commission vote.
Sec. 442.0088. TEXAS HERITAGE TRAILS PROGRAM. (a) The
Texas Historical Commission may establish and administer the Texas
Heritage Trails Program to promote tourism to heritage and cultural
attractions in this state.
(b) The commission may contract with one or more nonprofit
organizations to fulfill the commission's duties under this
section.
(c) The commission shall adopt rules to administer the Texas
Heritage Trails Program, including rules defining the principles of
heritage tourism and relating to contracts the commission enters
into with nonprofit organizations. Rules adopted under this
subsection relating to contracts with nonprofit organizations must
require each contract to clearly establish:
(1) the role of the nonprofit organization in
promoting heritage tourism;
(2) the nature of the relationship between the
commission and the nonprofit organization;
(3) the performance expectations for the nonprofit
organization;
(4) requirements and expectations regarding the
nonprofit organization's employees;
(5) the commission's expectations regarding ownership
of any literature, media, or other products developed or produced
by the nonprofit organization to promote heritage tourism during
the course of the contract;
(6) the commission's long-term goals for the program
and the nonprofit organization's role in meeting those goals;
(7) a system for evaluating the nonprofit
organization's overall performance, including the organization's
effectiveness in meeting the performance expectations described by
Subdivision (3); and
(8) the types of support, other than financial
support, the commission will provide to the nonprofit organization
to assist in the implementation and administration of the Texas
Heritage Trails Program.
SECTION 4. Section 442.072(a), Government Code, is amended
to read as follows:
(a) The following historic sites and parks 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) Fanthorp Inn State Historic Site;
(8) Fort Griffin State Historic Site;
(9) [(8)] Fort Lancaster State Historic Site;
(10) [(9)] Fort McKavett State Historic Site;
(11) [(10)] Fulton Mansion State Historic Site;
(12) [(11)] Landmark Inn State Historic Site;
(13) [(12)] Levi Jordan State Historic Site;
(14) Lipantitlan State Historic Site;
(15) [(13)] Magoffin Home State Historic Site;
(16) Mission Dolores State Historic Site;
(17) Monument Hill and Kreische Brewery State Historic
Sites;
(18) National Museum of the Pacific War;
(19) [(14)] Sabine Pass Battleground State Historic
Site;
(20) [(15)] Sam Bell Maxey House State Historic Site;
(21) Sam Rayburn House State Historic Site;
(22) [(16)] San Felipe State Historic Site;
(23) [(17)] Starr Family Home State Historic Site;
(24) [(18)] Varner-Hogg Plantation State Historic
Site;
(25) Washington-on-the-Brazos State Historic Site;
and
(26) [(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 5. Section 442.073, Government Code, is amended by
adding Subsection (f) to read as follows:
(f) Money in the account may not be used to pay employee
benefits or benefit-related costs. Notwithstanding any other law,
the account is exempt from any applicable employee benefits
proportionality requirement.
SECTION 6. Chapter 442, Government Code, is amended by
adding Subchapter F, and a heading is added to that subchapter to
read as follows:
SUBCHAPTER F. SAN JACINTO BATTLEGROUND STATE HISTORIC SITE
SECTION 7. Sections 22.011 and 22.016, Parks and Wildlife
Code, are transferred to Subchapter F, Chapter 442, Government
Code, as added by this Act, redesignated as Sections 442.251 and
442.252, Government Code, and amended to read as follows:
Sec. 442.251 [22.011]. JURISDICTION. (a) The San Jacinto
Battleground State Historic Site is under the jurisdiction of the
commission [department].
(b) The San Jacinto Battleground State Historic Site is a
historic site for purposes of Subchapter C.
Sec. 442.252 [22.016]. SAN JACINTO MUSEUM OF HISTORY
ASSOCIATION. The San Jacinto Museum of History Association, a
nonprofit historical association organized for the purposes of
operating the San Jacinto Memorial Building and Tower and
establishing a museum, retains ownership of property and historical
data held in the name of the association and may acquire museum
accessions by gift, grant, or purchase from association funds.
SECTION 8. Subchapter H, Chapter 22, Parks and Wildlife
Code, is transferred to Chapter 442, Government Code, redesignated
as Subchapter G, Chapter 442, Government Code, and amended to read
as follows:
SUBCHAPTER G [H]. PORT ISABEL LIGHTHOUSE STATE HISTORICAL MONUMENT
AND PARK
Sec. 442.271 [22.101]. JURISDICTION. (a) The Port Isabel
Lighthouse is a state historical monument and park and is under the
jurisdiction of the commission [department].
(b) The Port Isabel Lighthouse State Historical Monument
and Park is a historic site for purposes of Subchapter C.
Sec. 442.272 [22.102]. POWERS OF COMMISSION [DEPARTMENT].
The commission [department] may rehabilitate, maintain, and
preserve the property of the park, and may collect entrance fees for
admission to the park or operate it on a concession basis under the
provisions of this chapter [code].
SECTION 9. Subchapter Z, Chapter 2175, Government Code, is
amended by adding Section 2175.909 to read as follows:
Sec. 2175.909. SALE OF CERTAIN HISTORIC PROPERTY; PROCEEDS
OF SALE. (a) In this section, "qualifying collection" means an
archeological, architectural, archival, decorative, or fine arts
collection.
(b) This section applies only to a state agency:
(1) that maintains a qualifying collection;
(2) that is authorized to dispose of surplus or
salvage property under Section 2175.065; and
(3) the governing body of which has adopted a written
policy governing the care and preservation of the qualifying
collection, including procedures relating to the deaccession of an
item from the collection.
(c) The state agency may deaccession an item from the
agency's qualifying collection if the governing body determines
that deaccession of the item is appropriate under the agency's
written policy governing the care and preservation of the
collection.
(d) A state agency and the Texas Facilities Commission may
sell a deaccessioned item in the manner provided by Subchapter D.
Before the sale of the item, the Texas Facilities Commission must
verify that the state agency's governing body complied with
Subsection (c).
(e) Notwithstanding Section 2175.191, proceeds from the
sale of the deaccessioned item by a state agency shall be deposited
to the credit of a dedicated account in the general revenue fund in
the manner prescribed by Subsection (f).
(f) The comptroller shall separately account for the amount
of money deposited to the credit of the account under Subsection (e)
resulting from the sale of deaccessioned items by each state
agency. Money deposited to the credit of the account may be
appropriated only to the state agency for which the comptroller
deposited the money to the account for the care and preservation of
the agency's qualifying collection.
SECTION 10. Section 21.104, Parks and Wildlife Code, is
amended to read as follows:
Sec. 21.104. CONTRACTS AUTHORIZED. The department may
contract with any state or federal agency or with any other person
to accomplish the functions prescribed by Sections 21.102(1) and
(2) [Subdivisions (1) and (2) of Section 22.102 of this code].
SECTION 11. Section 151.801(c), Tax Code, is amended to
read as follows:
(c) The proceeds from the collection of the taxes imposed by
this chapter on the sale, storage, or use of sporting goods shall be
deposited as follows:
(1) an amount equal to 93 [94] percent of the proceeds
shall be credited to the Parks and Wildlife Department for the
purposes described by Subsection (c-1) and deposited to department
accounts as provided by that subsection [specified in the Parks and
Wildlife Code]; and
(2) an amount equal to seven [six] percent of the
proceeds shall be credited to the Texas Historical Commission and
deposited to the credit of the historic site account under [as
specified in] Section 442.073, Government Code.
SECTION 12. The following provisions are repealed:
(1) Section 442.0081(g), Government Code;
(2) Sections 442.015(d), (e), and (f), Government
Code;
(3) Subchapter A, Chapter 22, Parks and Wildlife Code;
(4) the heading to Subchapter B, Chapter 22, Parks and
Wildlife Code; and
(5) Sections 22.012, 22.013, 22.014, and 22.015, Parks
and Wildlife Code.
SECTION 13. (a) Except as provided by Subsection (b) of
this section, Section 442.0021, Government Code, as amended by this
Act, applies to a member of the Texas Historical Commission
appointed before, on, or after the effective date of this Act.
(b) A member of the Texas Historical Commission who, before
the effective date of this Act, completed the training program
required by Section 442.0021, Government Code, as that law existed
before the effective date of this Act, is required to complete
additional training only on subjects added by this Act to the
training program as required by Section 442.0021, Government Code,
as amended by this Act. A commission member described by this
subsection may not vote, deliberate, or be counted as a member in
attendance at a meeting of the commission held on or after December
1, 2019, until the member completes the additional training.
SECTION 14. (a) Not later than November 1, 2019, the Texas
Historical Commission shall adopt rules under Section 442.0088,
Government Code, as added by this Act.
(b) Section 442.0088(c), Government Code, as added by this
Act, applies only to a contract relating to the Texas Heritage
Trails Program that is entered into by the Texas Historical
Commission and a nonprofit organization on or after the effective
date of this Act.
SECTION 15. Section 2175.909, Government Code, as added by
this Act, applies only to the deaccession of an item from a state
agency's qualifying collection, as that term is defined by Section
2175.909, that occurs on or after the effective date of this Act.
SECTION 16. (a) In this section, "historic site" means the:
(1) Fanthorp Inn State Historic Site;
(2) Lipantitlan State Historic Site;
(3) Monument Hill and Kreische Brewery State Historic
Sites;
(4) Port Isabel Lighthouse State Historical Monument
and Park;
(5) San Jacinto Battleground State Historic Site; and
(6) Washington-on-the-Brazos State Historic Site.
(b) On September 1, 2019, the following are transferred to
the Texas Historical Commission:
(1) each historic site described by Subsection (a) of
this section and all obligations and liabilities of the Parks and
Wildlife Department relating to those sites;
(2) all unobligated and unexpended funds appropriated
to the Parks and Wildlife Department designated for the
administration of those sites;
(3) all equipment and property of the Parks and
Wildlife Department used for the administration of or related to
those sites; and
(4) all files and other records of the Parks and
Wildlife Department kept by the department regarding those sites.
(c) A rule adopted by the Parks and Wildlife Commission that
is in effect immediately before September 1, 2019, and that relates
to a historic site is, on September 1, 2019, a rule of the Texas
Historical Commission and remains in effect until amended or
repealed by the Texas Historical Commission.
(d) The transfer under this section 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) Beginning September 1, 2019, 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 a historic
site.
(f) Before September 1, 2019, the Parks and Wildlife
Department may agree with the Texas Historical Commission to
transfer any property of the Parks and Wildlife Department to the
Texas Historical Commission to implement the transfer required by
this section.
(g) Until a historic site is transferred to the Texas
Historical Commission in accordance with this section, the Parks
and Wildlife Department shall continue to operate and maintain the
site under applicable law as it existed on January 1, 2018.
(h) This section takes effect immediately if this Act
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 section takes effect on the 91st day after the last day
of the legislative session.
SECTION 17. Notwithstanding any other provision of this
Act, if on or before September 1, 2019, the Parks and Wildlife
Department has applied for a grant for which the department is
required to possess legal title to the San Jacinto Battleground
State Historic Site, the department may retain legal title to the
site for purposes of receiving the grant until the earlier of:
(1) the date on which the grant application is denied;
or
(2) September 1, 2021.
SECTION 18. The Texas Historical Commission is required to
implement a provision of this Act only if the legislature
appropriates money specifically for that purpose. If the
legislature does not appropriate money specifically for that
purpose, the commission may, but is not required to, implement a
provision of this Act using other appropriations available for that
purpose.
SECTION 19. Except as otherwise provided by this Act, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1422 was passed by the House on April
5, 2019, by the following vote: Yeas 142, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1422 on May 10, 2019, by the following vote: Yeas 98, Nays 7, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1422 was passed by the Senate, with
amendments, on May 2, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor