89R15667 SCF-F
By: Johnson H.B. No. 4450
A BILL TO BE ENTITLED
AN ACT
relating to procedures for approving certain projects and permit
applications by the Texas Historical Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 191.0525, Natural Resources Code, is
amended by amending Subsections (f) and (i) and adding Subsection
(j) to read as follows:
(f) Except for a project location described by Subsection
(i), this [This] section does not apply to any state agency or
political subdivision that has entered into a memorandum of
understanding for coordination with the committee.
(i) This section does not authorize breaking ground at a
project location on state public land if:
(1) the project location or any structure on the
project location is listed in the National Register of Historic
Places; and
(2) the project would substantially change the
historic or cultural character of the project location or a
structure on the project location.
(j) The committee by rule shall establish procedures to
implement this section.
SECTION 2. Section 191.054, Natural Resources Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) Except as provided by Subsection (d), the [The]
committee may issue a permit to other state agencies or political
subdivisions or to qualified private institutions, companies, or
individuals for the survey and discovery, excavation, demolition,
or restoration of, or the conduct of scientific or educational
studies at, in, or on landmarks, or for the discovery of eligible
landmarks on public land if it is the opinion of the committee that
the permit is in the best interest of the State of Texas.
(d) The committee shall file notice of a demolition permit
application for publication in the Texas Register in the manner
prescribed by Chapter 2002, Government Code, at least 30 days
before the committee takes any action on the application or issues
the permit. An interested person may challenge the issuance of a
demolition permit under this section in the manner provided for a
contested case under Chapter 2001, Government Code. If an
application for a demolition permit is challenged under this
section, the committee may not issue the permit unless the permit
applicant establishes by a preponderance of the evidence submitted
to the record that the demolition is in the public interest.
SECTION 3. Section 191.098, Natural Resources Code, is
amended by adding Subsection (d) to read as follows:
(d) Subsections (b) and (c) do not apply to a building
described by Subsection (a) that is listed in or located on property
listed in the National Register of Historic Places.
SECTION 4. The changes to Chapter 191, Natural Resources
Code, made by this Act apply only to an application for a
demolition permit or notice of a demolition, renovation, or
alteration of a building that is filed with the Texas Historical
Commission on or after January 1, 2026.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.