1 | 1 | | 89R15667 SCF-F |
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2 | 2 | | By: Johnson H.B. No. 4450 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to procedures for approving certain projects and permit |
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10 | 10 | | applications by the Texas Historical Commission. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 191.0525, Natural Resources Code, is |
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13 | 13 | | amended by amending Subsections (f) and (i) and adding Subsection |
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14 | 14 | | (j) to read as follows: |
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15 | 15 | | (f) Except for a project location described by Subsection |
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16 | 16 | | (i), this [This] section does not apply to any state agency or |
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17 | 17 | | political subdivision that has entered into a memorandum of |
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18 | 18 | | understanding for coordination with the committee. |
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19 | 19 | | (i) This section does not authorize breaking ground at a |
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20 | 20 | | project location on state public land if: |
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21 | 21 | | (1) the project location or any structure on the |
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22 | 22 | | project location is listed in the National Register of Historic |
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23 | 23 | | Places; and |
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24 | 24 | | (2) the project would substantially change the |
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25 | 25 | | historic or cultural character of the project location or a |
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26 | 26 | | structure on the project location. |
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27 | 27 | | (j) The committee by rule shall establish procedures to |
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28 | 28 | | implement this section. |
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29 | 29 | | SECTION 2. Section 191.054, Natural Resources Code, is |
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30 | 30 | | amended by amending Subsection (a) and adding Subsection (d) to |
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31 | 31 | | read as follows: |
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32 | 32 | | (a) Except as provided by Subsection (d), the [The] |
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33 | 33 | | committee may issue a permit to other state agencies or political |
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34 | 34 | | subdivisions or to qualified private institutions, companies, or |
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35 | 35 | | individuals for the survey and discovery, excavation, demolition, |
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36 | 36 | | or restoration of, or the conduct of scientific or educational |
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37 | 37 | | studies at, in, or on landmarks, or for the discovery of eligible |
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38 | 38 | | landmarks on public land if it is the opinion of the committee that |
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39 | 39 | | the permit is in the best interest of the State of Texas. |
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40 | 40 | | (d) The committee shall file notice of a demolition permit |
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41 | 41 | | application for publication in the Texas Register in the manner |
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42 | 42 | | prescribed by Chapter 2002, Government Code, at least 30 days |
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43 | 43 | | before the committee takes any action on the application or issues |
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44 | 44 | | the permit. An interested person may challenge the issuance of a |
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45 | 45 | | demolition permit under this section in the manner provided for a |
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46 | 46 | | contested case under Chapter 2001, Government Code. If an |
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47 | 47 | | application for a demolition permit is challenged under this |
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48 | 48 | | section, the committee may not issue the permit unless the permit |
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49 | 49 | | applicant establishes by a preponderance of the evidence submitted |
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50 | 50 | | to the record that the demolition is in the public interest. |
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51 | 51 | | SECTION 3. Section 191.098, Natural Resources Code, is |
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52 | 52 | | amended by adding Subsection (d) to read as follows: |
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53 | 53 | | (d) Subsections (b) and (c) do not apply to a building |
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54 | 54 | | described by Subsection (a) that is listed in or located on property |
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55 | 55 | | listed in the National Register of Historic Places. |
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56 | 56 | | SECTION 4. The changes to Chapter 191, Natural Resources |
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57 | 57 | | Code, made by this Act apply only to an application for a |
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58 | 58 | | demolition permit or notice of a demolition, renovation, or |
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59 | 59 | | alteration of a building that is filed with the Texas Historical |
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60 | 60 | | Commission on or after January 1, 2026. |
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61 | 61 | | SECTION 5. This Act takes effect immediately if it receives |
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62 | 62 | | a vote of two-thirds of all the members elected to each house, as |
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63 | 63 | | provided by Section 39, Article III, Texas Constitution. If this |
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64 | 64 | | Act does not receive the vote necessary for immediate effect, this |
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65 | 65 | | Act takes effect September 1, 2025. |
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