Texas 2019 - 86th Regular

Texas Senate Bill SB605 Compare Versions

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

Old	New	Differences
1	1	86R7919 CJC-D
2	2	By: Buckingham, Birdwell S.B. No. 605
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Texas Historical
8	8	Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 442.002(k), Government Code, is amended
11	11	to read as follows:
12	12	(k) The Texas Historical Commission is subject to Chapter
13	13	325 (Texas Sunset Act). Unless continued in existence as provided
14	14	by that chapter, the commission is abolished and this chapter
15	15	expires September 1, 2031 [2019].
16	16	SECTION 2. Section 442.0021, Government Code, is amended by
17	17	amending Subsection (b) and adding Subsection (d) to read as
18	18	follows:
19	19	(b) The training program must provide the person with
20	20	information regarding:
21	21	(1) the law governing [legislation that created the]
22	22	commission operations;
23	23	(2) the programs, functions, rules, and budget of the
24	24	commission;
25	25	(3) the scope of and limitations on the rulemaking
26	26	authority of the commission;
27	27	(4) the results of the most recent formal audit of the
28	28	commission;
29	29	(5) [(4)] the requirements of:
30	30	(A) laws relating to open meetings, public
31	31	information, administrative procedure, and disclosing conflicts of
32	32	interest; and
33	33	(B) other laws applicable to members of the
34	34	commission in performing their duties; and
35	35	(6) [(5)] any applicable ethics policies adopted by
36	36	the commission or the Texas Ethics Commission.
37	37	(d) The executive director of the commission shall create a
38	38	training manual that includes the information required by
39	39	Subsection (b). The executive director shall distribute a copy of
40	40	the training manual annually to each member of the commission. On
41	41	receipt of the training manual, each member of the commission shall
42	42	sign and submit to the executive director a statement acknowledging
43	43	receipt of the training manual.
44	44	SECTION 3. Subchapter A, Chapter 442, Government Code, is
45	45	amended by adding Section 442.0088 to read as follows:
46	46	Sec. 442.0088. TEXAS HERITAGE TRAILS PROGRAM. (a) The
47	47	Texas Historical Commission may establish and administer the Texas
48	48	Heritage Trails Program to promote tourism to heritage and cultural
49	49	attractions in this state.
50	50	(b) The commission may contract with one or more nonprofit
51	51	organizations to fulfill the commission's duties under this
52	52	section.
53	53	(c) The commission shall adopt rules to administer the Texas
54	54	Heritage Trails Program, including rules defining the principles of
55	55	heritage tourism and relating to contracts the commission enters
56	56	into with nonprofit organizations. Rules adopted under this
57	57	subsection relating to contracts with nonprofit organizations must
58	58	require each contract to clearly establish:
59	59	(1) the role of the nonprofit organization in
60	60	promoting heritage tourism;
61	61	(2) the nature of the relationship between the
62	62	commission and the nonprofit organization;
63	63	(3) the performance expectations for the nonprofit
64	64	organization;
65	65	(4) requirements and expectations regarding the
66	66	nonprofit organization's employees;
67	67	(5) the commission's expectations regarding ownership
68	68	of any literature, media, or other products developed or produced
69	69	by the nonprofit organization to promote heritage tourism during
70	70	the course of the contract;
71	71	(6) the commission's long-term goals for the program
72	72	and the nonprofit organization's role in meeting those goals;
73	73	(7) a system for evaluating the nonprofit
74	74	organization's overall performance, including the organization's
75	75	effectiveness in meeting the performance expectations described by
76	76	Subdivision (3); and
77	77	(8) the types of support, other than financial
78	78	support, the commission will provide to the nonprofit organization
79	79	to assist in the implementation and administration of the Texas
80	80	Heritage Trails Program.
81	81	SECTION 4. Section 442.072(a), Government Code, is amended
82	82	to read as follows:
83	83	(a) The following historic sites and parks are under the
84	84	commission's jurisdiction:
85	85	(1) Acton State Historic Site;
86	86	(2) Battleship Texas State Historic Site;
87	87	(3) Caddoan Mounds State Historic Site;
88	88	(4) [(3)] Casa Navarro State Historic Site;
89	89	(5) [(4)] Confederate Reunion Grounds State Historic
90	90	Site;
91	91	(6) [(5)] Eisenhower Birthplace State Historic Site;
92	92	(7) [(6)] Fannin Battleground State Historic Site;
93	93	(8) Fanthorp Inn State Historic Site;
94	94	(9) [(7)] Fort Griffin State Historic Site;
95	95	(10) [(8)] Fort Lancaster State Historic Site;
96	96	(11) Fort Leaton State Historic Site;
97	97	(12) [(9)] Fort McKavett State Historic Site;
98	98	(13) [(10)] Fulton Mansion State Historic Site;
99	99	(14) [(11)] Landmark Inn State Historic Site;
100	100	(15) [(12)] Levi Jordan State Historic Site;
101	101	(16) Lipantitlan State Historic Site;
102	102	(17) [(13)] Magoffin Home State Historic Site;
103	103	(18) Mission Dolores State Historic Site;
104	104	(19) Monument Hill and Kreische Brewery State Historic
105	105	Sites;
106	106	(20) National Museum of the Pacific War;
107	107	(21) [(14)] Sabine Pass Battleground State Historic
108	108	Site;
109	109	(22) [(15)] Sam Bell Maxey House State Historic Site;
110	110	(23) Sam Rayburn House State Historic Site;
111	111	(24) [(16)] San Felipe State Historic Site;
112	112	(25) [(17)] Starr Family Home State Historic Site;
113	113	(26) [(18)] Varner-Hogg Plantation State Historic
114	114	Site;
115	115	(27) Washington-on-the-Brazos State Historic Site;
116	116	and
117	117	(28) [(19) Sam Rayburn House State Historic Site;
118	118	[(20) National Museum of the Pacific War;
119	119	[(21)] the property known as the French Legation[; and
120	120	[(22) Mission Dolores State Historic Site].
121	121	SECTION 5. Subchapter B, Chapter 22, Parks and Wildlife
122	122	Code, is transferred to Chapter 442, Government Code, redesignated
123	123	as Subchapter F, Chapter 442, Government Code, and amended to read
124	124	as follows:
125	125	SUBCHAPTER F [B]. SAN JACINTO BATTLEGROUND STATE HISTORIC SITE
126	126	Sec. 442.251 [22.011]. JURISDICTION. (a) The San Jacinto
127	127	Battleground State Historic Site is under the jurisdiction of the
128	128	commission [department].
129	129	(b) The San Jacinto Battleground State Historic Site is a
130	130	historic site for purposes of Subchapter C.
131	131	Sec. 442.252 [22.012]. SAN JACINTO HISTORICAL ADVISORY
132	132	BOARD. (a) The San Jacinto Historical Advisory Board is composed
133	133	of:
134	134	(1) the chair [chairman] of the Battleship Texas
135	135	Foundation;
136	136	(2) the president of the San Jacinto Museum of History
137	137	Association; and
138	138	(3) three members of the public.
139	139	(b) The three members of the public are appointed by the
140	140	governor for terms of six years each, with the term of one member
141	141	expiring each odd-numbered year.
142	142	(c) One or more of the three members of the public may be
143	143	selected from the San Jacinto Chapter, Daughters of the Republic of
144	144	Texas.
145	145	Sec. 442.253 [22.013]. MEETINGS. (a) The San Jacinto
146	146	Historical Advisory Board shall meet quarterly to review the
147	147	policies and operations of the San Jacinto Battleground State
148	148	Historic Site and to advise the commission [department] on the
149	149	proper historical development of the battleground.
150	150	(b) The board shall prepare minutes for all board meetings
151	151	and deliver them to the commission. The board shall deliver the
152	152	board's bylaws and any changes made to the bylaws to the commission.
153	153	[Any minutes or bylaws delivered to the commission shall be
154	154	delivered by the member of the board who is an employee of the
155	155	department.]
156	156	Sec. 442.254 [22.014]. POWERS OF THE BOARD. Subject to
157	157	Section 442.074, the [The] board may accept, in the name of the
158	158	state, all bequests, gifts, and grants of money or property made to
159	159	the battleground and use the bequests for the purposes specified by
160	160	the grantor, if any.
161	161	Sec. 442.255 [22.015]. DATA. All data collected by the
162	162	board is the property of the state and shall be used to depict the
163	163	story of Texas history and independence at the battleground.
164	164	Sec. 442.256 [22.016]. SAN JACINTO MUSEUM OF HISTORY
165	165	ASSOCIATION. The San Jacinto Museum of History Association, a
166	166	nonprofit historical association organized for the purposes of
167	167	operating the San Jacinto Memorial Building and Tower and
168	168	establishing a museum, retains ownership of property and historical
169	169	data held in the name of the association and may acquire museum
170	170	accessions by gift, grant, or purchase from association funds.
171	171	SECTION 6. Subchapter H, Chapter 22, Parks and Wildlife
172	172	Code, is transferred to Chapter 442, Government Code, redesignated
173	173	as Subchapter G, Chapter 442, Government Code, and amended to read
174	174	as follows:
175	175	SUBCHAPTER G [H]. PORT ISABEL LIGHTHOUSE STATE HISTORICAL MONUMENT
176	176	AND PARK
177	177	Sec. 442.271 [22.101]. JURISDICTION. (a) The Port Isabel
178	178	Lighthouse is a state historical monument and park and is under the
179	179	jurisdiction of the commission [department].
180	180	(b) The Port Isabel Lighthouse State Historical Monument
181	181	and Park is a historic site for purposes of Subchapter C.
182	182	Sec. 442.272 [22.102]. POWERS OF COMMISSION [DEPARTMENT].
183	183	The commission [department] may rehabilitate, maintain, and
184	184	preserve the property of the park, and may collect entrance fees for
185	185	admission to the park or operate it on a concession basis under the
186	186	provisions of this chapter [code].
187	187	SECTION 7. Subchapter Z, Chapter 2175, Government Code, is
188	188	amended by adding Section 2175.909 to read as follows:
189	189	Sec. 2175.909. SALE OF CERTAIN HISTORIC PROPERTY; PROCEEDS
190	190	OF SALE. (a) In this section, "qualifying collection" means an
191	191	archeological, architectural, archival, decorative, or fine arts
192	192	collection.
193	193	(b) This section applies only to a state agency:
194	194	(1) that maintains a qualifying collection;
195	195	(2) that is authorized to dispose of surplus or
196	196	salvage property under Section 2175.065; and
197	197	(3) the governing body of which has adopted a written
198	198	policy governing the care and preservation of the qualifying
199	199	collection, including procedures relating to the deaccession of an
200	200	item from the collection.
201	201	(c) The state agency may deaccession an item from the
202	202	agency's qualifying collection if the governing body determines
203	203	that deaccession of the item is appropriate under the agency's
204	204	written policy governing the care and preservation of the
205	205	collection.
206	206	(d) A state agency and the Texas Facilities Commission may
207	207	sell a deaccessioned item in the manner provided by Subchapter D.
208	208	Before the sale of the item, the Texas Facilities Commission must
209	209	verify that the state agency's governing body complied with
210	210	Subsection (c).
211	211	(e) Notwithstanding Section 2175.191, proceeds from the
212	212	sale of the deaccessioned item by a state agency shall be deposited
213	213	to the credit of a dedicated account in the general revenue fund in
214	214	the manner prescribed by Subsection (f).
215	215	(f) The comptroller shall separately account for the amount
216	216	of money deposited to the credit of the account under Subsection (e)
217	217	resulting from the sale of deaccessioned items by each state
218	218	agency. Money deposited to the credit of the account may be
219	219	appropriated only to the state agency for which the comptroller
220	220	deposited the money to the account for the care and preservation of
221	221	the agency's qualifying collection.
222	222	SECTION 8. Section 21.104, Parks and Wildlife Code, is
223	223	amended to read as follows:
224	224	Sec. 21.104. CONTRACTS AUTHORIZED. The department may
225	225	contract with any state or federal agency or with any other person
226	226	to accomplish the functions prescribed by Sections 21.102(1) and
227	227	(2) [Subdivisions (1) and (2) of Section 22.102 of this code].
228	228	SECTION 9. The following provisions are repealed:
229	229	(1) Section 442.0081(g), Government Code;
230	230	(2) Sections 442.015(d), (e), and (f), Government
231	231	Code; and
232	232	(3) Subchapters A and T, Chapter 22, Parks and
233	233	Wildlife Code.
234	234	SECTION 10. (a) Except as provided by Subsection (b) of
235	235	this section, Section 442.0021, Government Code, as amended by this
236	236	Act, applies to a member of the Texas Historical Commission
237	237	appointed before, on, or after the effective date of this Act.
238	238	(b) A member of the Texas Historical Commission who, before
239	239	the effective date of this Act, completed the training program
240	240	required by Section 442.0021, Government Code, as that law existed
241	241	before the effective date of this Act, is required to complete
242	242	additional training only on subjects added by this Act to the
243	243	training program as required by Section 442.0021, Government Code,
244	244	as amended by this Act. A commission member described by this
245	245	subsection may not vote, deliberate, or be counted as a member in
246	246	attendance at a meeting of the commission held on or after December
247	247	1, 2019, until the member completes the additional training.
248	248	SECTION 11. (a) Not later than November 1, 2019, the Texas
249	249	Historical Commission shall adopt rules under Section 442.0088,
250	250	Government Code, as added by this Act.
251	251	(b) Section 442.0088(c), Government Code, as added by this
252	252	Act, applies only to a contract relating to the Texas Heritage
253	253	Trails Program that is entered into by the Texas Historical
254	254	Commission and a nonprofit organization on or after the effective
255	255	date of this Act.
256	256	SECTION 12. Section 2175.909, Government Code, as added by
257	257	this Act, applies only to the deaccession of an item from a state
258	258	agency's qualifying collection, as that term is defined by Section
259	259	2175.909, that occurs on or after the effective date of this Act.
260	260	SECTION 13. (a) In this section, "historic site" means the:
261	261	(1) Battleship Texas State Historic Site;
262	262	(2) Fanthorp Inn State Historic Site;
263	263	(3) Fort Leaton State Historic Site;
264	264	(4) Lipantitlan State Historic Site;
265	265	(5) Monument Hill and Kreische Brewery State Historic
266	266	Sites;
267	267	(6) Port Isabel Lighthouse State Historical Monument
268	268	and Park;
269	269	(7) San Jacinto Battleground State Historic Site; and
270	270	(8) Washington-on-the-Brazos State Historic Site.
271	271	(b) On September 1, 2019, the following are transferred to
272	272	the Texas Historical Commission:
273	273	(1) each historic site described by Subsection (a) of
274	274	this section and all obligations and liabilities of the Parks and
275	275	Wildlife Department relating to those sites;
276	276	(2) all unobligated and unexpended funds appropriated
277	277	to the Parks and Wildlife Department designated for the
278	278	administration of those sites;
279	279	(3) all equipment and property of the Parks and
280	280	Wildlife Department used for the administration of or related to
281	281	those sites; and
282	282	(4) all files and other records of the Parks and
283	283	Wildlife Department kept by the department regarding those sites.
284	284	(c) A rule adopted by the Parks and Wildlife Commission that
285	285	is in effect immediately before September 1, 2019, and that relates
286	286	to a historic site is, on September 1, 2019, a rule of the Texas
287	287	Historical Commission and remains in effect until amended or
288	288	repealed by the Texas Historical Commission.
289	289	(d) The transfer under this section does not diminish or
290	290	impair the rights of a holder of an outstanding bond or other
291	291	obligation issued by the Parks and Wildlife Department in relation
292	292	to the support of a historic site.
293	293	(e) Beginning September 1, 2019, a reference in the Parks
294	294	and Wildlife Code or other law to a power, duty, obligation, or
295	295	liability of the Parks and Wildlife Department or the Parks and
296	296	Wildlife Commission that relates to a historic site is a reference
297	297	to the Texas Historical Commission. The Texas Historical
298	298	Commission is the successor agency to the Parks and Wildlife
299	299	Department and the Parks and Wildlife Commission for a historic
300	300	site.
301	301	(f) Before September 1, 2019, the Parks and Wildlife
302	302	Department may agree with the Texas Historical Commission to
303	303	transfer any property of the Parks and Wildlife Department to the
304	304	Texas Historical Commission to implement the transfer required by
305	305	this section.
306	306	(g) Until a historic site is transferred to the Texas
307	307	Historical Commission in accordance with this section, the Parks
308	308	and Wildlife Department shall continue to operate and maintain the
309	309	site under applicable law as it existed on January 1, 2018.
310	310	(h) This section takes effect immediately if this Act
311	311	receives a vote of two-thirds of all the members elected to each
312	312	house, as provided by Section 39, Article III, Texas Constitution.
313	313	If this Act does not receive the vote necessary for immediate
314	314	effect, this section takes effect on the 91st day after the last day
315	315	of the legislative session.
316	316	SECTION 14. Except as otherwise provided by this Act, this
317	317	Act takes effect September 1, 2019.