Bill Text: TX HB1422 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the continuation and functions of the Texas Historical Commission.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-05-24 - See remarks for effective date [HB1422 Detail]
Download: Texas-2019-HB1422-Comm_Sub.html
Bill Title: Relating to the continuation and functions of the Texas Historical Commission.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-05-24 - See remarks for effective date [HB1422 Detail]
Download: Texas-2019-HB1422-Comm_Sub.html
86R20153 CJC-D | |||
By: Paddie | H.B. No. 1422 | ||
Substitute the following for H.B. No. 1422: | |||
By: Cyrier | C.S.H.B. No. 1422 |
|
||
|
||
relating to the continuation and functions of the Texas Historical | ||
Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 442.002(k), Government Code, is amended | ||
to read as follows: | ||
(k) The Texas Historical Commission is subject to Chapter | ||
325 (Texas Sunset Act). Unless continued in existence as provided | ||
by that chapter, the commission is abolished and this chapter | ||
expires September 1, 2031 [ |
||
SECTION 2. Section 442.0021, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (d) to read as | ||
follows: | ||
(b) The training program must provide the person with | ||
information regarding: | ||
(1) the law governing [ |
||
commission operations; | ||
(2) the programs, functions, rules, and budget of the | ||
commission; | ||
(3) the scope of and limitations on the rulemaking | ||
authority of the commission; | ||
(4) the results of the most recent formal audit of the | ||
commission; | ||
(5) [ |
||
(A) laws relating to open meetings, public | ||
information, administrative procedure, and disclosing conflicts of | ||
interest; and | ||
(B) other laws applicable to members of the | ||
commission in performing their duties; and | ||
(6) [ |
||
the commission or the Texas Ethics Commission. | ||
(d) The executive director of the commission shall create a | ||
training manual that includes the information required by | ||
Subsection (b). The executive director shall distribute a copy of | ||
the training manual annually to each member of the commission. On | ||
receipt of the training manual, each member of the commission shall | ||
sign and submit to the executive director a statement acknowledging | ||
receipt of the training manual. | ||
SECTION 3. Subchapter A, Chapter 442, Government Code, is | ||
amended by adding Sections 442.0045 and 442.0088 to read as | ||
follows: | ||
Sec. 442.0045. DELEGATION OF POWERS AND DUTIES. The | ||
commission by order or rule may delegate to the executive director | ||
the authority to perform the duties or exercise the powers of the | ||
commission under this chapter or other law, including Chapter 191, | ||
Natural Resources Code. A delegation under this section may be | ||
amended or withdrawn by commission vote. | ||
Sec. 442.0088. TEXAS HERITAGE TRAILS PROGRAM. (a) The | ||
Texas Historical Commission may establish and administer the Texas | ||
Heritage Trails Program to promote tourism to heritage and cultural | ||
attractions in this state. | ||
(b) The commission may contract with one or more nonprofit | ||
organizations to fulfill the commission's duties under this | ||
section. | ||
(c) The commission shall adopt rules to administer the Texas | ||
Heritage Trails Program, including rules defining the principles of | ||
heritage tourism and relating to contracts the commission enters | ||
into with nonprofit organizations. Rules adopted under this | ||
subsection relating to contracts with nonprofit organizations must | ||
require each contract to clearly establish: | ||
(1) the role of the nonprofit organization in | ||
promoting heritage tourism; | ||
(2) the nature of the relationship between the | ||
commission and the nonprofit organization; | ||
(3) the performance expectations for the nonprofit | ||
organization; | ||
(4) requirements and expectations regarding the | ||
nonprofit organization's employees; | ||
(5) the commission's expectations regarding ownership | ||
of any literature, media, or other products developed or produced | ||
by the nonprofit organization to promote heritage tourism during | ||
the course of the contract; | ||
(6) the commission's long-term goals for the program | ||
and the nonprofit organization's role in meeting those goals; | ||
(7) a system for evaluating the nonprofit | ||
organization's overall performance, including the organization's | ||
effectiveness in meeting the performance expectations described by | ||
Subdivision (3); and | ||
(8) the types of support, other than financial | ||
support, the commission will provide to the nonprofit organization | ||
to assist in the implementation and administration of the Texas | ||
Heritage Trails Program. | ||
SECTION 4. Section 442.072(a), Government Code, is amended | ||
to read as follows: | ||
(a) The following historic sites 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) [ |
||
(10) [ |
||
(11) [ |
||
(12) [ |
||
(13) [ |
||
(14) Lipantitlan State Historic Site; | ||
(15) [ |
||
(16) Mission Dolores State Historic Site; | ||
(17) Monument Hill and Kreische Brewery State Historic | ||
Sites; | ||
(18) National Museum of the Pacific War; | ||
(19) [ |
||
Site; | ||
(20) [ |
||
(21) Sam Rayburn House State Historic Site; | ||
(22) [ |
||
(23) [ |
||
(24) [ |
||
Site; | ||
(25) Washington-on-the-Brazos State Historic Site; | ||
and | ||
(26) [ |
||
[ |
||
[ |
||
[ |
||
SECTION 5. Subchapter B, Chapter 22, Parks and Wildlife | ||
Code, is transferred to Chapter 442, Government Code, redesignated | ||
as Subchapter F, Chapter 442, Government Code, and amended to read | ||
as follows: | ||
SUBCHAPTER F [ |
||
Sec. 442.251 [ |
||
Battleground State Historic Site is under the jurisdiction of the | ||
commission [ |
||
(b) The San Jacinto Battleground State Historic Site is a | ||
historic site for purposes of Subchapter C. | ||
Sec. 442.252 [ |
||
BOARD. (a) The San Jacinto Historical Advisory Board is composed | ||
of: | ||
(1) the chair [ |
||
Foundation; | ||
(2) the president of the San Jacinto Museum of History | ||
Association; and | ||
(3) three members of the public. | ||
(b) The three members of the public are appointed by the | ||
governor for terms of six years each, with the term of one member | ||
expiring each odd-numbered year. | ||
(c) One or more of the three members of the public may be | ||
selected from the San Jacinto Chapter, Daughters of the Republic of | ||
Texas. | ||
Sec. 442.253 [ |
||
Historical Advisory Board shall meet quarterly to review the | ||
policies and operations of the San Jacinto Battleground State | ||
Historic Site and to advise the commission [ |
||
proper historical development of the battleground. | ||
(b) The board shall prepare minutes for all board meetings | ||
and deliver them to the commission. The board shall deliver the | ||
board's bylaws and any changes made to the bylaws to the commission. | ||
[ |
||
|
||
|
||
Sec. 442.254 [ |
||
Section 442.074, the [ |
||
state, all bequests, gifts, and grants of money or property made to | ||
the battleground and use the bequests for the purposes specified by | ||
the grantor, if any. | ||
Sec. 442.255 [ |
||
board is the property of the state and shall be used to depict the | ||
story of Texas history and independence at the battleground. | ||
Sec. 442.256 [ |
||
ASSOCIATION. The San Jacinto Museum of History Association, a | ||
nonprofit historical association organized for the purposes of | ||
operating the San Jacinto Memorial Building and Tower and | ||
establishing a museum, retains ownership of property and historical | ||
data held in the name of the association and may acquire museum | ||
accessions by gift, grant, or purchase from association funds. | ||
SECTION 6. Subchapter H, Chapter 22, Parks and Wildlife | ||
Code, is transferred to Chapter 442, Government Code, redesignated | ||
as Subchapter G, Chapter 442, Government Code, and amended to read | ||
as follows: | ||
SUBCHAPTER G [ |
||
AND PARK | ||
Sec. 442.271 [ |
||
Lighthouse is a state historical monument and park and is under the | ||
jurisdiction of the commission [ |
||
(b) The Port Isabel Lighthouse State Historical Monument | ||
and Park is a historic site for purposes of Subchapter C. | ||
Sec. 442.272 [ |
||
The commission [ |
||
preserve the property of the park, and may collect entrance fees for | ||
admission to the park or operate it on a concession basis under the | ||
provisions of this chapter [ |
||
SECTION 7. Subchapter Z, Chapter 2175, Government Code, is | ||
amended by adding Section 2175.909 to read as follows: | ||
Sec. 2175.909. SALE OF CERTAIN HISTORIC PROPERTY; PROCEEDS | ||
OF SALE. (a) In this section, "qualifying collection" means an | ||
archeological, architectural, archival, decorative, or fine arts | ||
collection. | ||
(b) This section applies only to a state agency: | ||
(1) that maintains a qualifying collection; | ||
(2) that is authorized to dispose of surplus or | ||
salvage property under Section 2175.065; and | ||
(3) the governing body of which has adopted a written | ||
policy governing the care and preservation of the qualifying | ||
collection, including procedures relating to the deaccession of an | ||
item from the collection. | ||
(c) The state agency may deaccession an item from the | ||
agency's qualifying collection if the governing body determines | ||
that deaccession of the item is appropriate under the agency's | ||
written policy governing the care and preservation of the | ||
collection. | ||
(d) A state agency and the Texas Facilities Commission may | ||
sell a deaccessioned item in the manner provided by Subchapter D. | ||
Before the sale of the item, the Texas Facilities Commission must | ||
verify that the state agency's governing body complied with | ||
Subsection (c). | ||
(e) Notwithstanding Section 2175.191, proceeds from the | ||
sale of the deaccessioned item by a state agency shall be deposited | ||
to the credit of a dedicated account in the general revenue fund in | ||
the manner prescribed by Subsection (f). | ||
(f) The comptroller shall separately account for the amount | ||
of money deposited to the credit of the account under Subsection (e) | ||
resulting from the sale of deaccessioned items by each state | ||
agency. Money deposited to the credit of the account may be | ||
appropriated only to the state agency for which the comptroller | ||
deposited the money to the account for the care and preservation of | ||
the agency's qualifying collection. | ||
SECTION 8. Section 21.104, Parks and Wildlife Code, is | ||
amended to read as follows: | ||
Sec. 21.104. CONTRACTS AUTHORIZED. The department may | ||
contract with any state or federal agency or with any other person | ||
to accomplish the functions prescribed by Sections 21.102(1) and | ||
(2) [ |
||
SECTION 9. Section 151.801(c), Tax Code, is amended to read | ||
as follows: | ||
(c) The proceeds from the collection of the taxes imposed by | ||
this chapter on the sale, storage, or use of sporting goods shall be | ||
deposited as follows: | ||
(1) an amount equal to 93.4 [ |
||
proceeds shall be credited to the Parks and Wildlife Department and | ||
deposited as specified in the Parks and Wildlife Code; and | ||
(2) an amount equal to 6.6 [ |
||
proceeds shall be credited to the Texas Historical Commission and | ||
deposited as specified in Section 442.073, Government Code. | ||
SECTION 10. The following provisions are repealed: | ||
(1) Section 442.0081(g), Government Code; | ||
(2) Sections 442.015(d), (e), and (f), Government | ||
Code; and | ||
(3) Subchapter A, Chapter 22, Parks and Wildlife Code. | ||
SECTION 11. (a) Except as provided by Subsection (b) of | ||
this section, Section 442.0021, Government Code, as amended by this | ||
Act, applies to a member of the Texas Historical Commission | ||
appointed before, on, or after the effective date of this Act. | ||
(b) A member of the Texas Historical Commission who, before | ||
the effective date of this Act, completed the training program | ||
required by Section 442.0021, Government Code, as that law existed | ||
before the effective date of this Act, is required to complete | ||
additional training only on subjects added by this Act to the | ||
training program as required by Section 442.0021, Government Code, | ||
as amended by this Act. A commission member described by this | ||
subsection may not vote, deliberate, or be counted as a member in | ||
attendance at a meeting of the commission held on or after December | ||
1, 2019, until the member completes the additional training. | ||
SECTION 12. (a) Not later than November 1, 2019, the Texas | ||
Historical Commission shall adopt rules under Section 442.0088, | ||
Government Code, as added by this Act. | ||
(b) Section 442.0088(c), Government Code, as added by this | ||
Act, applies only to a contract relating to the Texas Heritage | ||
Trails Program that is entered into by the Texas Historical | ||
Commission and a nonprofit organization on or after the effective | ||
date of this Act. | ||
SECTION 13. Section 2175.909, Government Code, as added by | ||
this Act, applies only to the deaccession of an item from a state | ||
agency's qualifying collection, as that term is defined by Section | ||
2175.909, that occurs on or after the effective date of this Act. | ||
SECTION 14. (a) In this section, "historic site" means the: | ||
(1) Fanthorp Inn State Historic Site; | ||
(2) Lipantitlan State Historic Site; | ||
(3) Monument Hill and Kreische Brewery State Historic | ||
Sites; | ||
(4) Port Isabel Lighthouse State Historical Monument | ||
and Park; | ||
(5) San Jacinto Battleground State Historic Site; and | ||
(6) Washington-on-the-Brazos State Historic Site. | ||
(b) On September 1, 2019, the following are transferred to | ||
the Texas Historical Commission: | ||
(1) each historic site described by Subsection (a) of | ||
this section and all obligations and liabilities of the Parks and | ||
Wildlife Department relating to those sites; | ||
(2) all unobligated and unexpended funds appropriated | ||
to the Parks and Wildlife Department designated for the | ||
administration of those sites; | ||
(3) all equipment and property of the Parks and | ||
Wildlife Department used for the administration of or related to | ||
those sites; and | ||
(4) all files and other records of the Parks and | ||
Wildlife Department kept by the department regarding those sites. | ||
(c) A rule adopted by the Parks and Wildlife Commission that | ||
is in effect immediately before September 1, 2019, and that relates | ||
to a historic site is, on September 1, 2019, a rule of the Texas | ||
Historical Commission and remains in effect until amended or | ||
repealed by the Texas Historical Commission. | ||
(d) The transfer under this section does not diminish or | ||
impair the rights of a holder of an outstanding bond or other | ||
obligation issued by the Parks and Wildlife Department in relation | ||
to the support of a historic site. | ||
(e) Beginning September 1, 2019, a reference in the Parks | ||
and Wildlife Code or other law to a power, duty, obligation, or | ||
liability of the Parks and Wildlife Department or the Parks and | ||
Wildlife Commission that relates to a historic site is a reference | ||
to the Texas Historical Commission. The Texas Historical | ||
Commission is the successor agency to the Parks and Wildlife | ||
Department and the Parks and Wildlife Commission for a historic | ||
site. | ||
(f) Before September 1, 2019, the Parks and Wildlife | ||
Department may agree with the Texas Historical Commission to | ||
transfer any property of the Parks and Wildlife Department to the | ||
Texas Historical Commission to implement the transfer required by | ||
this section. | ||
(g) Until a historic site is transferred to the Texas | ||
Historical Commission in accordance with this section, the Parks | ||
and Wildlife Department shall continue to operate and maintain the | ||
site under applicable law as it existed on January 1, 2018. | ||
(h) This section takes effect immediately if this Act | ||
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 section takes effect on the 91st day after the last day | ||
of the legislative session. | ||
SECTION 15. Notwithstanding any other provision of this | ||
Act, if on or before September 1, 2019, the Parks and Wildlife | ||
Department has applied for a grant for the San Jacinto Battleground | ||
State Historic Site for which the department is required to possess | ||
legal title to the site, the department may retain legal title to | ||
the site for purposes of receiving the grant until the earlier of: | ||
(1) the date on which the grant application is denied; | ||
or | ||
(2) September 1, 2021. | ||
SECTION 16. Except as otherwise provided by this Act, this | ||
Act takes effect September 1, 2019. |