TX
Texas House Bill HB4187

Texas 2025 - 89th Regular

Texas House Bill HB4187 Compare Versions

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11 89R9434 GP-F
22 By: Metcalf H.B. No. 4187
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the authority and responsibilities of the Texas
1010 Historical Commission; authorizing fees.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subchapter A, Chapter 442, Government Code, is
1313 amended by adding Section 442.0046 to read as follows:
1414 Sec. 442.0046. AUTHORITY OF EXECUTIVE DIRECTOR TO ENTER
1515 CERTAIN CONTRACTS. (a) The executive director may negotiate with
1616 and award a contract for goods or services to any qualified vendor
1717 if the executive director:
1818 (1) solicits bids for the goods or services through a
1919 competitive process in compliance with all applicable laws,
2020 including Chapters 2155, 2254, and 2269, that fails to result in
2121 competitive responsive bids;
2222 (2) makes a written determination that resoliciting
2323 bids for the goods or services would:
2424 (A) be unlikely to result in responsive bids;
2525 (B) increase costs to the commission; or
2626 (C) delay the ability of the commission to
2727 address a critical need; and
2828 (3) determines that the vendor meets the requirements
2929 of the original solicitation.
3030 (b) To the extent practicable, the executive director may
3131 combine the procurement of multiple goods or services into a single
3232 competitively bid contract to enhance the contract's attraction for
3333 potential vendors.
3434 SECTION 2. Section 442.005(p), Government Code, is amended
3535 to read as follows:
3636 (p) The commission may accept a gift, grant, devise, or
3737 bequest of money, securities, services, or property to carry out
3838 any purpose of this chapter, including funds raised or services
3939 provided by a volunteer or volunteer group to promote the work of
4040 the commission. The commission shall [may] participate in the
4141 establishment and operation of the [an] affiliated nonprofit
4242 organization described by Subchapter A-1 whose purpose is to raise
4343 funds for or provide services or other benefits to the commission.
4444 SECTION 3. Subchapter A, Chapter 442, Government Code, is
4545 amended by adding Section 442.034 to read as follows:
4646 Sec. 442.034. PRESERVATION, MAINTENANCE, AND REPAIR OF
4747 CERTAIN HISTORICAL MARKERS. (a) In this section:
4848 (1) "Civil War centennial marker" means a marker
4949 installed as part of the celebration of the centennial of the Civil
5050 War.
5151 (2) "Institution of higher education" and "university
5252 system" have the meanings assigned by Section 61.003, Education
5353 Code.
5454 (3) "Marker" means a marker, monument, or other
5555 memorial installed on public or private property to commemorate an
5656 area, event, or person that is engraved with text or to which a
5757 plaque with text is attached.
5858 (4) "Republic of Texas centennial marker" means a
5959 marker installed as part of the celebration of the centennial of the
6060 Republic of Texas.
6161 (b) This section applies only to a Civil War centennial
6262 marker or a Republic of Texas centennial marker that was installed
6363 by or at the direction of:
6464 (1) the former Centennial Commission;
6565 (2) the former Texas Civil War Centennial Commission;
6666 (3) the commission or a predecessor of the commission;
6767 or
6868 (4) the Republic of Texas.
6969 (c) A Civil War centennial marker or a Republic of Texas
7070 centennial marker is state property, regardless of whether the
7171 marker is located on public or private property.
7272 (d) The commission has jurisdiction over and is responsible
7373 for the preservation, maintenance, and repair of Civil War
7474 centennial markers and Republic of Texas centennial markers.
7575 (e) This section may not be construed as transferring
7676 ownership or control of, or the responsibility to preserve,
7777 maintain, or repair, a museum, exhibition building, or other
7878 building that is:
7979 (1) associated with or located near a Civil War
8080 centennial marker or a Republic of Texas centennial marker; and
8181 (2) owned or operated by a private entity,
8282 municipality, county, or institution of higher education or
8383 university system.
8484 SECTION 4. Chapter 442, Government Code, is amended by
8585 adding Subchapter A-1 to read as follows:
8686 SUBCHAPTER A-1. FRIENDS OF TEXAS HISTORICAL COMMISSION
8787 Sec. 442.041. DEFINITION. In this subchapter,
8888 "organization" means the Friends of the Texas Historical
8989 Commission.
9090 Sec. 442.042. PURPOSE. (a) The organization is the
9191 affiliated nonprofit organization formed under Section 442.005(p).
9292 (b) The commission shall designate the organization as the
9393 entity responsible for providing:
9494 (1) services and other benefits to the commission; and
9595 (2) financial support as requested by the commission
9696 and approved by the organization's board.
9797 Sec. 442.043. RULES; GUIDELINES. (a) The commission shall
9898 adopt rules:
9999 (1) establishing guidelines under which the
100100 organization may solicit and accept sponsorships or donations from
101101 private entities in connection with commission activities;
102102 (2) establishing best practices under which the
103103 organization may engage in business activities described by this
104104 subchapter, including procurement guidelines for the use of state
105105 money; and
106106 (3) governing the relationship between the commission
107107 and the organization that, at a minimum:
108108 (A) define the extent to which commission
109109 employees with regulatory responsibilities, including the
110110 executive director, may participate in activities that raise funds
111111 for the organization, which may not include the direct solicitation
112112 of funds; and
113113 (B) define the relationship between commission
114114 employees and the organization.
115115 (b) The commission shall establish guidelines for
116116 identifying and defining the administrative and financial support
117117 the commission may provide for the organization.
118118 Sec. 442.044. AGREEMENTS. The organization and the
119119 commission may enter into an agreement for the following purposes:
120120 (1) expanding, renovating, or improving historic
121121 sites or facilities, including through construction;
122122 (2) maintaining, preserving, restoring, and
123123 protecting historical markers, monuments, and historic sites;
124124 (3) promoting and conducting archeological studies;
125125 (4) designing and fabricating exhibits and
126126 preserving, storing, and displaying artifacts, historical data,
127127 items of historical significance, and other items;
128128 (5) creating interpretive and educational programs;
129129 (6) acquiring additional artifacts, historical and
130130 marketing data, real estate, and items of historical significance
131131 relevant to state history, settlement, and culture and state
132132 historic sites; and
133133 (7) supporting programming or providing financial
134134 support for projects of the commission.
135135 Sec. 442.045. COLLECTION AND USE OF CERTAIN FEE AND REVENUE
136136 RECEIPTS. (a) An agreement described by Section 442.044 may
137137 authorize the organization to:
138138 (1) charge and collect fees in connection with the
139139 organization's activities, including fees for viewing special
140140 exhibits or films, attending programs or events, and using
141141 commission facilities or other facilities; and
142142 (2) collect revenue from gift shop and concession
143143 sales.
144144 (b) The organization shall hold, invest, manage, use, and
145145 apply money received from the fees and sales described by
146146 Subsection (a) only for the benefit of the commission and may
147147 exercise discretion, subject to the terms of an agreement described
148148 by Section 442.044, regarding business operations, exhibits,
149149 programming, management, preservation, restoration, and site
150150 development.
151151 Sec. 442.046. OWNERSHIP AND ACQUISITION OF PROPERTY. The
152152 organization:
153153 (1) retains ownership of property held in the name of
154154 the organization; and
155155 (2) may acquire items by gift, grant, or purchase
156156 using the organization's money.
157157 Sec. 442.047. DISPOSITION OF ORGANIZATION ASSETS ON
158158 DISSOLUTION. (a) In the event of the organization's dissolution,
159159 the commission is the sole beneficiary of all items held in the
160160 organization's name that relate to the commission, except as
161161 otherwise provided by the organization's articles of incorporation
162162 or the terms of the gift or other transfer of the items to the
163163 organization.
164164 (b) An item for which the commission is not the sole
165165 beneficiary must be clearly identified and described on an agreed
166166 list prepared jointly by the commission and the organization.
167167 Sec. 442.048. CONFIDENTIALITY OF CERTAIN INFORMATION. The
168168 name, address, and other identifying information of a person who
169169 makes a donation, including a gift, grant, or other financial
170170 contribution, to the organization is confidential and excepted from
171171 disclosure under Chapter 552.
172172 SECTION 5. Section 442.072(a), Government Code, is amended
173173 to read as follows:
174174 (a) The following historic sites in this state are under the
175175 commission's jurisdiction:
176176 (1) Acton State Historic Site;
177177 (2) Barrington Living History Farm State Historic
178178 Site;
179179 (3) Bush Family Home State Historic Site;
180180 (4) Caddo [Caddoan] Mounds State Historic Site;
181181 (5) [(3)] Casa Navarro State Historic Site;
182182 (6) [(4)] Confederate Reunion Grounds State Historic
183183 Site;
184184 (7) [(5)] Eisenhower Birthplace State Historic Site;
185185 (8) [(6)] Fannin Battleground State Historic Site;
186186 (9) [(7)] Fanthorp Inn State Historic Site;
187187 (10) [(8)] Fort Griffin State Historic Site;
188188 (11) [(9)] Fort Lancaster State Historic Site;
189189 (12) Fort Martin Scott State Historic Site;
190190 (13) [(10)] Fort McKavett State Historic Site;
191191 (14) French Legation State Historic Site;
192192 (15) [(11)] Fulton Mansion State Historic Site;
193193 (16) Goodnight Ranch State Historic Site;
194194 (17) Harvey House State Historic Site;
195195 (18) Iwo Jima Monument and Museum State Historic Site;
196196 (19) Kreische Brewery State Historic Site;
197197 (20) [(12)] Landmark Inn State Historic Site;
198198 (21) [(13)] Levi Jordan State Historic Site;
199199 (22) [(14)] Lipantitlan State Historic Site;
200200 (23) [(15)] Magoffin Home State Historic Site;
201201 (24) [(16)] Mission Dolores State Historic Site;
202202 (25) [(17)] Monument Hill [and Kreische Brewery]
203203 State Historic Site [Sites];
204204 (26) [(18)] National Museum of the Pacific War;
205205 (27) Old Socorro Mission State Historic Site;
206206 (28) Palmito Ranch Battlefield State Historic Site;
207207 (29) Port Isabel Lighthouse State Historic Site;
208208 (30) Presidio La Bahia State Historic Site;
209209 (31) [(19)] Sabine Pass Battleground State Historic
210210 Site;
211211 (32) [(20)] Sam Bell Maxey House State Historic Site;
212212 (33) [(21)] Sam Rayburn House State Historic Site;
213213 (34) [(22)] San Felipe de Austin State Historic Site;
214214 (35) San Jacinto Battleground State Historic Site;
215215 (36) Star of the Republic Museum State Historic Site;
216216 (37) [(23)] Starr Family Home State Historic Site;
217217 (38) Stephen F. Austin Memorial State Historic Site;
218218 (39) [(24)] Varner-Hogg Plantation State Historic
219219 Site; and
220220 (40) [(25)] Washington-on-the-Brazos State Historic
221221 Site[; and
222222 [(26) the property known as the French Legation].
223223 SECTION 6. Section 442.101(c), Government Code, is amended
224224 to read as follows:
225225 (c) Except as authorized by Section 442.0046, the [The]
226226 commission by rule shall adopt policies and procedures consistent
227227 with Subchapter A, Chapter 2254, and other applicable state
228228 procurement practices for soliciting and awarding contracts under
229229 this section.
230230 SECTION 7. Section 442.113, Government Code, is amended by
231231 amending Subsection (a) and adding Subsections (a-1) and (d) to
232232 read as follows:
233233 (a) The Texas Historical Commission retail operations fund
234234 is a special fund established outside the state treasury as a fund
235235 to be held and administered by the comptroller as directed by the
236236 commission to provide support for commission retail operations
237237 under Section 442.112. The fund consists of revenue from
238238 commission retail operations and earned revenue operating receipts
239239 and may not include appropriated money.
240240 (a-1) The commission may purchase goods for resale
241241 necessary to support the commission's retail operations using
242242 general revenue available to the commission for that purpose only
243243 until sufficient money is available in the fund established under
244244 this section to fully support retail operations.
245245 (d) The commission's retail and earned revenue operations
246246 are considered auxiliary enterprises for purposes of Section
247247 2155.141.
248248 SECTION 8. Chapter 442, Government Code, is amended by
249249 adding Subchapter D-1 to read as follows:
250250 SUBCHAPTER D-1. WASHINGTON-ON-THE-BRAZOS HISTORICAL FOUNDATION
251251 Sec. 442.151. DEFINITION. In this subchapter, "foundation"
252252 means the Washington-on-the-Brazos Historical Foundation.
253253 Sec. 442.152. PURPOSE OF FOUNDATION. (a) The foundation is
254254 a nonprofit historical association organized for the purposes of
255255 supporting the operations of:
256256 (1) the Washington-on-the-Brazos State Historic Site;
257257 (2) the Fanthorp Inn State Historic Site;
258258 (3) the Barrington Living History Farm State Historic
259259 Site; and
260260 (4) the Star of the Republic Museum State Historic
261261 Site.
262262 (b) The commission shall designate the foundation as the
263263 entity responsible for providing operational support for the sites
264264 described by Subsection (a) and engaging in related activities for,
265265 and providing financial support to, those sites.
266266 Sec. 442.153. RESPONSIBILITIES OF FOUNDATION AND
267267 COMMISSION. The foundation and the commission shall enter into an
268268 agreement that establishes the:
269269 (1) working relationship between the foundation and
270270 the commission in connection with the activities conducted at the
271271 sites described by Section 442.152(a);
272272 (2) best practices under which the foundation may
273273 engage in business activities described by this subchapter,
274274 including procurement guidelines for the use of state money;
275275 (3) relationship between the commission's employees
276276 and the foundation; and
277277 (4) guidelines for identifying and defining the
278278 administrative and financial support the commission may provide in
279279 connection with the sites described by Section 442.152(a).
280280 Sec. 442.154. AGREEMENTS REGARDING CERTAIN HISTORIC SITES.
281281 (a) The foundation and the commission may enter into an agreement
282282 regarding a site described by Section 442.152(a) for the following
283283 purposes:
284284 (1) expanding, renovating, managing, maintaining,
285285 operating, or providing financial support for the site;
286286 (2) maintaining, preserving, restoring, and
287287 protecting property located on the site;
288288 (3) promoting and conducting archeological studies at
289289 the site;
290290 (4) maintaining, repairing, renovating, restoring,
291291 improving, expanding, or equipping improvements at the site,
292292 including constructing new improvements;
293293 (5) designing and fabricating exhibits and
294294 preserving, storing, and displaying artifacts, historical data,
295295 and items of historical significance, including artifacts, data,
296296 livestock, and items owned or held by the foundation, at the site;
297297 (6) creating interpretive and educational programs
298298 regarding the site;
299299 (7) acquiring additional artifacts, historical data,
300300 and items of historical significance relevant to the Texas
301301 Revolution and the period in which it occurred, and early Texas
302302 settlement and culture related to the site; and
303303 (8) preserving, restoring, storing, and conserving
304304 artifacts, historical data, and items of historical significance
305305 related to the site.
306306 (b) Subject to the terms of an agreement under this section,
307307 the foundation may exercise discretion regarding business
308308 operations, exhibits, programming, collection management,
309309 preservation, restoration, storage, and site development at the
310310 site that is the subject of the agreement.
311311 Sec. 442.155. COLLECTION AND USE OF CERTAIN FEE AND REVENUE
312312 RECEIPTS. (a) An agreement described by Section 442.154 may
313313 authorize the foundation to, at the site that is the subject of the
314314 agreement:
315315 (1) charge and collect fees in connection with the
316316 foundation's activities at the site, including fees for viewing
317317 special exhibits or films, attending programs or events, and using
318318 the facilities at the site; and
319319 (2) collect revenue from gift shop and concession
320320 sales at the site.
321321 (b) The foundation shall hold, invest, manage, use, and
322322 apply money received from the fees and sales described by
323323 Subsection (a) only for the benefit of the sites described by
324324 Section 442.152(a).
325325 Sec. 442.156. COMMISSION ADVICE AND OVERSIGHT. (a) The
326326 commission shall advise the foundation on the operation,
327327 interpretation, and presentation of historical events,
328328 preservation, archeology, education, nature, philanthropy, and
329329 business development regarding a site described by Section
330330 442.152(a).
331331 (b) The commission may appoint two nonvoting members to the
332332 foundation's board.
333333 Sec. 442.157. FUNDRAISING. (a) The foundation shall set
334334 priorities for fundraising activities at the sites described by
335335 Section 442.152(a).
336336 (b) Notwithstanding Subsection (a), the commission may
337337 adopt rules to establish naming opportunities as described by
338338 Section 442.032.
339339 Sec. 442.158. OWNERSHIP AND ACQUISITION OF PROPERTY. The
340340 foundation:
341341 (1) retains ownership of property held in the name of
342342 the foundation; and
343343 (2) may acquire items by gift, grant, or purchase
344344 using the foundation's money.
345345 Sec. 442.159. DISPOSITION OF FOUNDATION ASSETS ON
346346 DISSOLUTION. (a) In the event of the foundation's dissolution, the
347347 commission is the sole beneficiary of all items held in the
348348 foundation's name that relate to the revolutionary history of a
349349 site described by Section 442.152(a) and to early Texas settlement
350350 and culture, except as otherwise provided by the foundation's
351351 articles of incorporation or the terms of the gift or other transfer
352352 of the items to the foundation.
353353 (b) An item for which the commission is not the sole
354354 beneficiary must be clearly identified and described on an agreed
355355 list prepared jointly by the commission and the foundation.
356356 SECTION 9. Subchapter K, Chapter 2166, Government Code, is
357357 amended by adding Section 2166.504 to read as follows:
358358 Sec. 2166.504. APPLICABILITY OF SUBCHAPTER TO CERTAIN
359359 MARKERS. This subchapter does not apply to a marker over which the
360360 Texas Historical Commission has jurisdiction under Section
361361 442.034.
362362 SECTION 10. Section 442.0055, Government Code, is repealed.
363363 SECTION 11. Section 442.0046, Government Code, as added by
364364 this Act, applies only to a contract for which bids are first
365365 solicited on or after the effective date of this Act. A contract
366366 for which bids are first solicited before the effective date of this
367367 Act is governed by the law as it existed immediately before the
368368 effective date of this Act, and that law is continued in effect for
369369 that purpose.
370370 SECTION 12. On the effective date of this Act, the Texas
371371 Historical Commission replaces the Texas Facilities Commission as
372372 the state agency responsible for the preservation, maintenance, and
373373 repair of the markers described by Section 442.034, Government
374374 Code, as added by this Act.
375375 SECTION 13. This Act takes effect September 1, 2025.