H.B. No. 2719
AN ACT
relating to the powers of the Texas Historical Commission over
historic sites in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 442.0053, Government Code, is amended to
read as follows:
Sec. 442.0053. ELIGIBILITY CRITERIA FOR INCLUSION OF REAL
PROPERTY IN STATE HISTORIC SITES SYSTEM. (a) The commission by
rule shall adopt criteria for determining the eligibility of real
property [donated to the commission] for inclusion in the historic
sites system.
(b) The commission may acquire by purchase or gift or in any
other manner [accept a donation of] real property that satisfies
the criteria adopted under Subsection (a).
(b-1) Before adding real property to the historic sites
system under this section, the commission shall develop a funding
plan for the restoration, interpretation, development, long-term
operation, and preservation of the real property to be added to the
historic sites system. The plan may provide for an endowment fund,
or other sources of funding, as appropriate. The commission may not
add the real property to the historic sites system unless there are
adequate financial resources available or assured for the
restoration, interpretation, development, long-term operation, and
preservation of the real property.
(c) The commission may:
(1) renovate or restore [donated] real property
acquired under Subsection (b), including improvements to the
property; [,] or
(2) construct new improvements on the [donated] real
property as necessary and prudent.
SECTION 2. Section 442.0083(e), Government Code, is amended
to read as follows:
(e) A grant for a historic courthouse project may not exceed
the greater of $10 [$6] million or two percent of the amount
appropriated for implementing the historic courthouse preservation
program during the state fiscal biennium.
SECTION 3. The heading to Subchapter C, Chapter 442,
Government Code, is amended to read as follows:
SUBCHAPTER C. COMMISSION JURISDICTION OVER [CERTAIN]
HISTORIC SITES
SECTION 4. Section 442.071, Government Code, is amended to
read as follows:
Sec. 442.071. DEFINITION. In this subchapter, "historic
site" means:
(1) a site [or park] listed under Section 442.072; or
(2) real property significant to the history of this
state that the commission administers or acquires for use by the
public.
SECTION 5. Section 442.072, Government Code, is amended to
read as follows:
Sec. 442.072. COMMISSION JURISDICTION; AGREEMENTS FOR
HISTORIC SITES. (a) The following historic sites in this state
[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) Fort Lancaster State Historic Site;
(10) Fort McKavett State Historic Site;
(11) Fulton Mansion State Historic Site;
(12) Landmark Inn State Historic Site;
(13) Levi Jordan State Historic Site;
(14) Lipantitlan State Historic Site;
(15) 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) Sabine Pass Battleground State Historic Site;
(20) Sam Bell Maxey House State Historic Site;
(21) Sam Rayburn House State Historic Site;
(22) San Felipe State Historic Site;
(23) Starr Family Home State Historic Site;
(24) Varner-Hogg Plantation State Historic Site;
(25) Washington-on-the-Brazos State Historic Site;
and
(26) the property known as the French Legation.
(b) [This subsection applies to a historic site that the
state is required to operate in a particular manner or for a
particular purpose, such as a site improved with federal money
subject to federal restrictions on the purposes for which the
improved site may be used or a site donated to the state subject to a
reversion clause providing that the title reverts to the grantor
when the site is not used for the purposes for which it was
acquired. The commission has all powers necessary to operate the
site in the required manner or for the required purpose.
[(c)] The commission may enter into an agreement with a
nonprofit or for-profit corporation, foundation, association, or
other nonprofit or for-profit entity for the expansion, renovation,
management, operation, or financial support of a historic site.
SECTION 6. Subchapter D, Chapter 442, Government Code, is
amended by adding Sections 442.112 and 442.113 to read as follows:
Sec. 442.112. STATE HISTORIC SITE RETAIL OPERATIONS. (a)
The commission may establish, manage, and operate gift and souvenir
retail establishments and provide retail services through the
Internet or another electronic method to support and promote state
historic sites and related commission goals.
(b) To implement this section, the commission may:
(1) employ necessary personnel;
(2) establish procurement standards and procedures in
collaboration with the comptroller and the Department of
Information Resources to meet the business needs of the
commission's retail operations; and
(3) contract with a nonprofit corporation to assist
with the commission's retail operations, accept money from the
retail operations, and support state historic site operations and
commission educational missions.
Sec. 442.113. TEXAS HISTORICAL COMMISSION RETAIL
OPERATIONS FUND. (a) The Texas Historical Commission retail
operations fund is a special fund established outside the state
treasury as a fund to be held and administered by the comptroller as
directed by the commission to provide support for commission retail
operations under Section 442.112. The fund consists of revenue
from commission retail operations and may not include appropriated
money.
(b) Interest and income from assets of the fund shall be
credited to and deposited in the fund.
(c) Money in the fund may be spent without appropriation and
be used only to benefit state historic sites and to support the
commission's retail operations, including to pay personnel
salaries, acquire capital improvements, contract for necessary
services, and purchase inventory, advertising, fixtures, computer
software, and other goods necessary to support the retail
operations.
SECTION 7. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2719 was passed by the House on April
20, 2023, by the following vote: Yeas 145, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2719 on May 19, 2023, by the following vote: Yeas 137, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2719 was passed by the Senate, with
amendments, on May 17, 2023, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor