Texas 2023 - 88th Regular

Texas Senate Bill SB1451 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Zaffirini S.B. No. 1451
2	2	(In the Senate - Filed March 2, 2023; March 16, 2023, read
3	3	first time and referred to Committee on Natural Resources &
4	4	Economic Development; April 20, 2023, reported adversely, with
5	5	favorable Committee Substitute by the following vote: Yeas 8,
6	6	Nays 0; April 20, 2023, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 1451 By: Zaffirini
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the powers of the Texas Historical Commission over
14	14	historic sites in this state.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Section 442.0053, Government Code, is amended to
17	17	read as follows:
18	18	Sec. 442.0053. ELIGIBILITY CRITERIA FOR INCLUSION OF REAL
19	19	PROPERTY IN STATE HISTORIC SITES SYSTEM. (a) The commission by
20	20	rule shall adopt criteria for determining the eligibility of real
21	21	property [donated to the commission] for inclusion in the historic
22	22	sites system.
23	23	(b) The commission may acquire by purchase or gift or in any
24	24	other manner [accept a donation of] real property that satisfies
25	25	the criteria adopted under Subsection (a).
26	26	(b-1) Before adding real property to the historic sites
27	27	system under this section, the commission shall develop a funding
28	28	plan for the restoration, interpretation, development, long-term
29	29	operation, and preservation of the real property to be added to the
30	30	historic sites system. The plan may provide for an endowment fund,
31	31	or other sources of funding, as appropriate. The commission may not
32	32	add the real property to the historic sites system unless there are
33	33	adequate financial resources available or assured for the
34	34	restoration, interpretation, development, long-term operation, and
35	35	preservation of the real property.
36	36	(c) The commission may:
37	37	(1) renovate or restore [donated] real property
38	38	acquired under Subsection (b), including improvements to the
39	39	property;[,] or
40	40	(2) construct new improvements on the [donated] real
41	41	property as necessary and prudent.
42	42	SECTION 2. Section 442.0083(e), Government Code, is amended
43	43	to read as follows:
44	44	(e) A grant for a historic courthouse project may not exceed
45	45	the greater of $10 [$6] million or two percent of the amount
46	46	appropriated for implementing the historic courthouse preservation
47	47	program during the state fiscal biennium.
48	48	SECTION 3. The heading to Subchapter C, Chapter 442,
49	49	Government Code, is amended to read as follows:
50	50	SUBCHAPTER C. COMMISSION JURISDICTION OVER [CERTAIN]
51	51	HISTORIC SITES
52	52	SECTION 4. Section 442.071, Government Code, is amended to
53	53	read as follows:
54	54	Sec. 442.071. DEFINITION. In this subchapter, "historic
55	55	site" means:
56	56	(1) a site [or park] listed under Section 442.072; or
57	57	(2) real property significant to the history of this
58	58	state that the commission administers or acquires for use by the
59	59	public.
60	60	SECTION 5. Section 442.072, Government Code, is amended to
61	61	read as follows:
62	62	Sec. 442.072. COMMISSION JURISDICTION; AGREEMENTS FOR
63	63	HISTORIC SITES. (a) The following historic sites in this state
64	64	[and parks] are under the commission's jurisdiction:
65	65	(1) Acton State Historic Site;
66	66	(2) Caddoan Mounds State Historic Site;
67	67	(3) Casa Navarro State Historic Site;
68	68	(4) Confederate Reunion Grounds State Historic Site;
69	69	(5) Eisenhower Birthplace State Historic Site;
70	70	(6) Fannin Battleground State Historic Site;
71	71	(7) Fanthorp Inn State Historic Site;
72	72	(8) Fort Griffin State Historic Site;
73	73	(9) Fort Lancaster State Historic Site;
74	74	(10) Fort McKavett State Historic Site;
75	75	(11) Fulton Mansion State Historic Site;
76	76	(12) Landmark Inn State Historic Site;
77	77	(13) Levi Jordan State Historic Site;
78	78	(14) Lipantitlan State Historic Site;
79	79	(15) Magoffin Home State Historic Site;
80	80	(16) Mission Dolores State Historic Site;
81	81	(17) Monument Hill and Kreische Brewery State Historic
82	82	Sites;
83	83	(18) National Museum of the Pacific War;
84	84	(19) Sabine Pass Battleground State Historic Site;
85	85	(20) Sam Bell Maxey House State Historic Site;
86	86	(21) Sam Rayburn House State Historic Site;
87	87	(22) San Felipe State Historic Site;
88	88	(23) Starr Family Home State Historic Site;
89	89	(24) Varner-Hogg Plantation State Historic Site;
90	90	(25) Washington-on-the-Brazos State Historic Site;
91	91	and
92	92	(26) the property known as the French Legation.
93	93	(b) [This subsection applies to a historic site that the
94	94	state is required to operate in a particular manner or for a
95	95	particular purpose, such as a site improved with federal money
96	96	subject to federal restrictions on the purposes for which the
97	97	improved site may be used or a site donated to the state subject to a
98	98	reversion clause providing that the title reverts to the grantor
99	99	when the site is not used for the purposes for which it was
100	100	acquired. The commission has all powers necessary to operate the
101	101	site in the required manner or for the required purpose.
102	102	[(c)] The commission may enter into an agreement with a
103	103	nonprofit or for-profit corporation, foundation, association, or
104	104	other nonprofit or for-profit entity for the expansion, renovation,
105	105	management, operation, or financial support of a historic site.
106	106	SECTION 6. Subchapter D, Chapter 442, Government Code, is
107	107	amended by adding Sections 442.112 and 442.113 to read as follows:
108	108	Sec. 442.112. STATE HISTORIC SITE RETAIL OPERATIONS. (a)
109	109	The commission may establish, manage, and operate gift and souvenir
110	110	retail establishments and provide retail services through the
111	111	Internet or another electronic method to support and promote state
112	112	historic sites and related commission goals.
113	113	(b) To implement this section, the commission may:
114	114	(1) employ necessary personnel;
115	115	(2) establish procurement standards and procedures in
116	116	collaboration with the comptroller and the Department of
117	117	Information Resources to meet the business needs of the
118	118	commission's retail operations; and
119	119	(3) contract with a nonprofit corporation to assist
120	120	with the commission's retail operations, accept money from the
121	121	retail operations, and support state historic site operations and
122	122	commission educational missions.
123	123	Sec. 442.113. TEXAS HISTORICAL COMMISSION RETAIL
124	124	OPERATIONS FUND. (a) The Texas Historical Commission retail
125	125	operations fund is a special fund established outside the state
126	126	treasury as a fund to be held and administered by the comptroller as
127	127	directed by the commission to provide support for commission retail
128	128	operations under Section 442.112. The fund consists of revenue
129	129	from commission retail operations and may not include appropriated
130	130	money.
131	131	(b) Interest and income from assets of the fund shall be
132	132	credited to and deposited in the fund.
133	133	(c) Money in the fund may be spent without appropriation and
134	134	be used only to benefit state historic sites and to support the
135	135	commission's retail operations, including to pay personnel
136	136	salaries, acquire capital improvements, contract for necessary
137	137	services, and purchase inventory, advertising, fixtures, computer
138	138	software, and other goods necessary to support the retail
139	139	operations.
140	140	SECTION 7. This Act takes effect September 1, 2023.
141	141	* * * * *