Texas 2023 - 88th Regular

Texas House Bill HB2719 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 2719
2	2
3	3
4	4	AN ACT
5	5	relating to the powers of the Texas Historical Commission over
6	6	historic sites in this state.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 442.0053, Government Code, is amended to
9	9	read as follows:
10	10	Sec. 442.0053. ELIGIBILITY CRITERIA FOR INCLUSION OF REAL
11	11	PROPERTY IN STATE HISTORIC SITES SYSTEM. (a) The commission by
12	12	rule shall adopt criteria for determining the eligibility of real
13	13	property [donated to the commission] for inclusion in the historic
14	14	sites system.
15	15	(b) The commission may acquire by purchase or gift or in any
16	16	other manner [accept a donation of] real property that satisfies
17	17	the criteria adopted under Subsection (a).
18	18	(b-1) Before adding real property to the historic sites
19	19	system under this section, the commission shall develop a funding
20	20	plan for the restoration, interpretation, development, long-term
21	21	operation, and preservation of the real property to be added to the
22	22	historic sites system. The plan may provide for an endowment fund,
23	23	or other sources of funding, as appropriate. The commission may not
24	24	add the real property to the historic sites system unless there are
25	25	adequate financial resources available or assured for the
26	26	restoration, interpretation, development, long-term operation, and
27	27	preservation of the real property.
28	28	(c) The commission may:
29	29	(1) renovate or restore [donated] real property
30	30	acquired under Subsection (b), including improvements to the
31	31	property; [,] or
32	32	(2) construct new improvements on the [donated] real
33	33	property as necessary and prudent.
34	34	SECTION 2. Section 442.0083(e), Government Code, is amended
35	35	to read as follows:
36	36	(e) A grant for a historic courthouse project may not exceed
37	37	the greater of $10 [$6] million or two percent of the amount
38	38	appropriated for implementing the historic courthouse preservation
39	39	program during the state fiscal biennium.
40	40	SECTION 3. The heading to Subchapter C, Chapter 442,
41	41	Government Code, is amended to read as follows:
42	42	SUBCHAPTER C. COMMISSION JURISDICTION OVER [CERTAIN]
43	43	HISTORIC SITES
44	44	SECTION 4. Section 442.071, Government Code, is amended to
45	45	read as follows:
46	46	Sec. 442.071. DEFINITION. In this subchapter, "historic
47	47	site" means:
48	48	(1) a site [or park] listed under Section 442.072; or
49	49	(2) real property significant to the history of this
50	50	state that the commission administers or acquires for use by the
51	51	public.
52	52	SECTION 5. Section 442.072, Government Code, is amended to
53	53	read as follows:
54	54	Sec. 442.072. COMMISSION JURISDICTION; AGREEMENTS FOR
55	55	HISTORIC SITES. (a) The following historic sites in this state
56	56	[and parks] are under the commission's jurisdiction:
57	57	(1) Acton State Historic Site;
58	58	(2) Caddoan Mounds State Historic Site;
59	59	(3) Casa Navarro State Historic Site;
60	60	(4) Confederate Reunion Grounds State Historic Site;
61	61	(5) Eisenhower Birthplace State Historic Site;
62	62	(6) Fannin Battleground State Historic Site;
63	63	(7) Fanthorp Inn State Historic Site;
64	64	(8) Fort Griffin State Historic Site;
65	65	(9) Fort Lancaster State Historic Site;
66	66	(10) Fort McKavett State Historic Site;
67	67	(11) Fulton Mansion State Historic Site;
68	68	(12) Landmark Inn State Historic Site;
69	69	(13) Levi Jordan State Historic Site;
70	70	(14) Lipantitlan State Historic Site;
71	71	(15) Magoffin Home State Historic Site;
72	72	(16) Mission Dolores State Historic Site;
73	73	(17) Monument Hill and Kreische Brewery State Historic
74	74	Sites;
75	75	(18) National Museum of the Pacific War;
76	76	(19) Sabine Pass Battleground State Historic Site;
77	77	(20) Sam Bell Maxey House State Historic Site;
78	78	(21) Sam Rayburn House State Historic Site;
79	79	(22) San Felipe State Historic Site;
80	80	(23) Starr Family Home State Historic Site;
81	81	(24) Varner-Hogg Plantation State Historic Site;
82	82	(25) Washington-on-the-Brazos State Historic Site;
83	83	and
84	84	(26) the property known as the French Legation.
85	85	(b) [This subsection applies to a historic site that the
86	86	state is required to operate in a particular manner or for a
87	87	particular purpose, such as a site improved with federal money
88	88	subject to federal restrictions on the purposes for which the
89	89	improved site may be used or a site donated to the state subject to a
90	90	reversion clause providing that the title reverts to the grantor
91	91	when the site is not used for the purposes for which it was
92	92	acquired. The commission has all powers necessary to operate the
93	93	site in the required manner or for the required purpose.
94	94	[(c)] The commission may enter into an agreement with a
95	95	nonprofit or for-profit corporation, foundation, association, or
96	96	other nonprofit or for-profit entity for the expansion, renovation,
97	97	management, operation, or financial support of a historic site.
98	98	SECTION 6. Subchapter D, Chapter 442, Government Code, is
99	99	amended by adding Sections 442.112 and 442.113 to read as follows:
100	100	Sec. 442.112. STATE HISTORIC SITE RETAIL OPERATIONS. (a)
101	101	The commission may establish, manage, and operate gift and souvenir
102	102	retail establishments and provide retail services through the
103	103	Internet or another electronic method to support and promote state
104	104	historic sites and related commission goals.
105	105	(b) To implement this section, the commission may:
106	106	(1) employ necessary personnel;
107	107	(2) establish procurement standards and procedures in
108	108	collaboration with the comptroller and the Department of
109	109	Information Resources to meet the business needs of the
110	110	commission's retail operations; and
111	111	(3) contract with a nonprofit corporation to assist
112	112	with the commission's retail operations, accept money from the
113	113	retail operations, and support state historic site operations and
114	114	commission educational missions.
115	115	Sec. 442.113. TEXAS HISTORICAL COMMISSION RETAIL
116	116	OPERATIONS FUND. (a) The Texas Historical Commission retail
117	117	operations fund is a special fund established outside the state
118	118	treasury as a fund to be held and administered by the comptroller as
119	119	directed by the commission to provide support for commission retail
120	120	operations under Section 442.112. The fund consists of revenue
121	121	from commission retail operations and may not include appropriated
122	122	money.
123	123	(b) Interest and income from assets of the fund shall be
124	124	credited to and deposited in the fund.
125	125	(c) Money in the fund may be spent without appropriation and
126	126	be used only to benefit state historic sites and to support the
127	127	commission's retail operations, including to pay personnel
128	128	salaries, acquire capital improvements, contract for necessary
129	129	services, and purchase inventory, advertising, fixtures, computer
130	130	software, and other goods necessary to support the retail
131	131	operations.
132	132	SECTION 7. This Act takes effect September 1, 2023.
133	133	______________________________ ______________________________
134	134	President of the Senate Speaker of the House
135	135	I certify that H.B. No. 2719 was passed by the House on April
136	136	20, 2023, by the following vote: Yeas 145, Nays 0, 1 present, not
137	137	voting; and that the House concurred in Senate amendments to H.B.
138	138	No. 2719 on May 19, 2023, by the following vote: Yeas 137, Nays 0,
139	139	2 present, not voting.
140	140	______________________________
141	141	Chief Clerk of the House
142	142	I certify that H.B. No. 2719 was passed by the Senate, with
143	143	amendments, on May 17, 2023, by the following vote: Yeas 31, Nays
144	144	0.
145	145	______________________________
146	146	Secretary of the Senate
147	147	APPROVED: __________________
148	148	Date
149	149	__________________
150	150	Governor