Bill Text: TX SB1518 | 2011-2012 | 82nd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the powers and duties of the Texas Historical Commission; imposing a penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [SB1518 Detail]
Download: Texas-2011-SB1518-Engrossed.html
Bill Title: Relating to the powers and duties of the Texas Historical Commission; imposing a penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [SB1518 Detail]
Download: Texas-2011-SB1518-Engrossed.html
By: Eltife | S.B. No. 1518 |
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relating to the powers and duties of the Texas Historical | ||
Commission; imposing a penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter F, Chapter 411, Government Code, is | ||
amended by adding Section 411.1146 to read as follows: | ||
Sec. 411.1146. ACCESS TO CRIMINAL HISTORY RECORD | ||
INFORMATION: TEXAS HISTORICAL COMMISSION. (a) The Texas | ||
Historical Commission is entitled to obtain criminal history record | ||
information maintained by the department or the identification | ||
division of the Federal Bureau of Investigation that relates to a | ||
person who is: | ||
(1) an employee, volunteer, or intern; | ||
(2) an applicant to be an employee, volunteer, or | ||
intern; or | ||
(3) a contractor or subcontractor for the commission. | ||
(b) Criminal history record information obtained by the | ||
Texas Historical Commission under this section may not be released | ||
or disclosed to any person except on court order or with the consent | ||
of the person who is the subject of the information. | ||
(c) The Texas Historical Commission shall collect and | ||
destroy criminal history record information that relates to a | ||
person immediately after the commission uses the information to | ||
make an employment or other decision related to the person or take a | ||
personnel action relating to the person who is the subject of the | ||
criminal history record information. | ||
(d) The Texas Historical Commission may not obtain criminal | ||
history record information under this section unless the commission | ||
first adopts policies and procedures that provide that evidence of | ||
a criminal conviction or other relevant information obtained from | ||
the criminal history record information does not automatically | ||
disqualify an individual from obtaining employment or another | ||
position or contract with the commission. The policies and | ||
procedures developed under this section must provide that the | ||
hiring official will determine whether the individual is qualified | ||
for employment based on factors including: | ||
(1) the specific duties of the position; | ||
(2) the number of offenses committed by the | ||
individual; | ||
(3) the nature and seriousness of each offense; | ||
(4) the length of time between the offense and the | ||
employment decision; | ||
(5) the efforts by the individual at rehabilitation; | ||
and | ||
(6) the accuracy of the information on the | ||
individual's employment application. | ||
SECTION 2. Section 442.0052, Government Code, is amended by | ||
adding Subsections (c) and (d) to read as follows: | ||
(c) The executive director may waive entrance fees and | ||
facility use fees for historic sites under the commission's | ||
jurisdiction for a volunteer to assist in the accomplishment of the | ||
volunteer's service to the commission. | ||
(d) The executive director may expend funds appropriated to | ||
the commission from dedicated funding sources for: | ||
(1) the establishment of an insurance program to | ||
protect volunteers in the performance of volunteer service; and | ||
(2) recognition of the services of a volunteer or | ||
volunteer groups. | ||
SECTION 3. Subchapter A, Chapter 442, Government Code, is | ||
amended by adding Section 442.0054 to read as follows: | ||
Sec. 442.0054. DISCLOSURE OF PERSONAL CUSTOMER | ||
INFORMATION. (a) The name and address and a telephone, social | ||
security, driver's license, bank account, credit card, or charge | ||
card number of a person who purchases customer products, licenses, | ||
or services from the commission may not be disclosed except as | ||
authorized under this section. | ||
(b) Chapter 552 does not apply to customer information | ||
described by Subsection (a). | ||
(c) The commission by rule shall adopt policies relating to: | ||
(1) the release of the customer information; | ||
(2) the use of the customer information by the | ||
commission; and | ||
(3) the sale of a mailing list consisting of the names | ||
and addresses of persons who purchase customer products, licenses, | ||
or services. | ||
(d) The commission shall include in its policies a method | ||
for a person by request to exclude information about the person from | ||
a mailing list sold by the commission. | ||
(e) The commission may disclose customer information to a | ||
federal or state law enforcement agency if the agency provides a | ||
lawfully issued subpoena. | ||
(f) The commission and its officers and employees are immune | ||
from civil liability for an unintentional violation of this | ||
section. | ||
(g) In this section, a reference to the commission includes | ||
a reference to an agent of the commission. | ||
SECTION 4. Subchapter A, Chapter 442, Government Code, is | ||
amended by adding Sections 442.0056, 442.0057, 442.0058, and | ||
442.0059 to read as follows: | ||
Sec. 442.0056. ACQUISITION OF HISTORIC SITES. (a) The | ||
commission may acquire by purchase, gift, or other manner historic | ||
sites: | ||
(1) where events occurred that represent an important | ||
aspect of the cultural, political, economic, military, or social | ||
history of the nation or state; | ||
(2) significantly associated with the lives of | ||
outstanding historic persons or with an important event that | ||
represents a great ideal or idea; | ||
(3) embodying the distinguishing characteristics of | ||
an architectural type that is inherently valuable for study of a | ||
period, style, or method of construction; | ||
(4) that contribute significantly to the | ||
understanding of aboriginal humans in the nation or state; or | ||
(5) that are of significant geologic interest relating | ||
to prehistoric animal or plant life. | ||
(b) The commission shall restore and maintain each historic | ||
site acquired under this section for the benefit of the general | ||
public. The commission may enter into interagency contracts for | ||
this purpose. | ||
(c) The commission shall formulate plans for the | ||
preservation and development of historic sites. Before formulating | ||
a plan for a specific site, the commission shall conduct an | ||
archeological survey of the site. In formulating plans, the | ||
commission shall: | ||
(1) consider the results from the archeological survey | ||
for the site if the plan is for a specific site; and | ||
(2) consider the resources necessary to manage a site. | ||
Sec. 442.0057. SOLICITATION, RECEIPT, AND TRANSFER OF LAND. | ||
(a) The commission may solicit and receive donations of land for | ||
public purposes and may refuse donations of land not acceptable for | ||
public purposes. | ||
(b) If title to a site has vested in the commission and if | ||
ownership of the site is no longer in the best interest of the | ||
commission, the commission may transfer the title: | ||
(1) to another state commission, department, or | ||
institution requesting the site; | ||
(2) to the donor of the land if the donor requests the | ||
return of the site; | ||
(3) to the United States if it has undertaken the | ||
development of the site for public purposes; | ||
(4) to the grantor if the deed to the commission | ||
contains a reversion clause providing that title reverts to the | ||
grantor when the site is not used for the purposes for which it was | ||
acquired; or | ||
(5) to any legally authorized entity if the property | ||
is to be used for public purposes. | ||
Sec. 442.0058. SALE OR EXCHANGE OF LAND. (a) The | ||
executive director with the approval of the commission may execute | ||
a deed exchanging real property or an interest in real property | ||
either as all or partial consideration for other real property or | ||
interest in real property. The executive director with the | ||
approval of the commission may execute a deed selling real property | ||
or an interest in real property under the jurisdiction of the | ||
commission if ownership of the real property is no longer in the | ||
best interest of the commission. | ||
(b) The commission shall receive a good and marketable title | ||
to all land exchanged under this section. | ||
(c) All land to be received in the exchange must be | ||
appraised, and if the land to be received is of greater value, as | ||
determined by an independent and competent appraisal, than the | ||
state land exchanged, the commission may use funds available for | ||
land acquisitions as a partial consideration for the exchange. | ||
(d) The receipts from the sale of land under this section | ||
shall be used for improving or acquiring other real property | ||
dedicated to the same purpose for which the land sold was dedicated. | ||
Sec. 442.0059. EMPLOYEE FUND-RAISING. (a) This section | ||
applies only to the solicitation or receipt of a gift, including | ||
money, that has a value of $500 or more. | ||
(b) The commission by rule shall adopt policies to govern | ||
fund-raising activities by commission employees on behalf of the | ||
commission. The rules must: | ||
(1) designate the types of employees who may solicit | ||
donations; | ||
(2) restrict where and how fund-raising may occur; and | ||
(3) establish requirements for reports by employees to | ||
the director. | ||
(c) The executive director shall approve and manage | ||
fund-raising activities by commission employees on behalf of the | ||
commission in accordance with commission rules. | ||
SECTION 5. Chapter 442, Government Code, is amended by | ||
adding Subchapters D and E to read as follows: | ||
SUBCHAPTER D. OPERATION OF HISTORIC SITES | ||
Sec. 442.101. AUTHORITY TO CONTRACT. (a) For the purpose | ||
of carrying out the powers, duties, and responsibilities of the | ||
commission related to historic sites described by Subchapter C, the | ||
executive director or the executive director's designee may | ||
negotiate, contract, or enter an agreement for: | ||
(1) professional services relating to a commission | ||
project, including project management, design, bid, and | ||
construction administration; and | ||
(2) construction, restoration, renovation, or | ||
preservation of any building, structure, or landscape. | ||
(b) The commission may contract with any appropriate entity | ||
for services necessary to carry out its responsibilities regarding | ||
historic sites described by Subchapter C. | ||
(c) The commission by rule shall adopt policies and | ||
procedures consistent with Subchapter A, Chapter 2254, and other | ||
applicable state procurement practices for soliciting and awarding | ||
contracts under this section. | ||
Sec. 442.102. CONSTRUCTION OF ROADS BY TEXAS DEPARTMENT OF | ||
TRANSPORTATION. (a) The commission may contract with the Texas | ||
Transportation Commission for the construction and paving of roads | ||
in and adjacent to historic sites described by Subchapter C. | ||
(b) Agreements under this section must be made in conformity | ||
with Chapter 771. | ||
Sec. 442.103. LEASE OF LANDS AND IMPROVEMENTS. (a) The | ||
commission may lease any land or improvement that is part of a | ||
historic site described by Subchapter C to a municipality, county, | ||
special district, nonprofit organization, or political | ||
subdivision. After the execution of the lease, the leased area may | ||
not be referred to as a state facility and state funds may not be | ||
used to operate or maintain the property. | ||
(b) The conditions and duration of the lease agreement are | ||
determined by the agreement of the commission and the lessee. | ||
Sec. 442.104. LEASE OF GRAZING RIGHTS; SALE OF PRODUCTS. | ||
(a) The commission may lease grazing rights on any historic site | ||
described by Subchapter C and may lease from other parties grazing | ||
rights necessary for proper livestock management. The commission | ||
may harvest and sell, or sell in place, any timber, hay, livestock, | ||
or other product grown on any historic site described by Subchapter | ||
C that the commission finds to be in excess of natural resource | ||
management, educational, or interpretive objectives. Timber may be | ||
harvested only for forest pest management, salvage, or habitat | ||
restoration and consistent with good forestry practices and the | ||
advice of the Texas Forest Service. | ||
(b) The commission may agree to accept materials, supplies, | ||
or services instead of money as part or full payment for a sale or | ||
lease under this subchapter. The commission may not assign to the | ||
materials, supplies, or services accepted as payment under this | ||
subsection a value that exceeds their actual market value. | ||
Sec. 442.105. ESTABLISHMENT OF FEES; REVENUE. (a) In | ||
setting the amounts of the fees for entering, reserving, or using a | ||
historic site described by Subchapter C, the commission: | ||
(1) shall establish reasonable and necessary fees for | ||
the administration of commission programs; and | ||
(2) may not set fees in amounts that permit the | ||
commission to maintain unnecessary fund balances. | ||
(b) The commission may sell any item in the possession of | ||
the commission in which the state has title, or acquire and resell | ||
items if a profit can be made, to provide funding for programs | ||
administered by the commission. | ||
(c) The commission may set and charge a fee for the use of a | ||
credit card to pay a fee imposed by the commission in an amount | ||
reasonable and necessary to reimburse the commission for the costs | ||
involved in the use of the card. | ||
Sec. 442.106. CONCESSIONS. The commission may operate or | ||
grant contracts to operate concessions on the grounds of historic | ||
sites described by Subchapter C. The commission may make rules | ||
governing the granting or operating of concessions. The commission | ||
may establish and operate staff concessions, including salaries, | ||
consumable supplies and materials, operating expenses, rental and | ||
other equipment, and other capital outlays. | ||
Sec. 442.107. PUBLICATIONS ON HISTORIC SITES. (a) The | ||
commission may provide or sell information about historic sites | ||
described by Subchapter C to the public, including books, | ||
magazines, photographs, prints, and bulletins. | ||
(b) The commission may enter into contractual agreements | ||
for publication of information concerning historic sites described | ||
by Subchapter C. | ||
(c) The commission may receive royalties on | ||
commission-owned materials that are sold or supplied to others by | ||
the commission for publication. | ||
(d) Money received under this section shall be deposited in | ||
the state treasury to the credit of the account from which expenses | ||
for the publication were paid. | ||
Sec. 442.108. DEPOSIT OF RECEIPTS. The commission shall | ||
deposit to the credit of the historic site account all revenue, less | ||
allowable costs, received from the following sources: | ||
(1) the operation of concessions at historic sites | ||
described by Subchapter C; | ||
(2) lease of grazing rights on a historic site; | ||
(3) sale of products grown on a historic site; | ||
(4) fines received from violations of rules governing | ||
historic sites under Subchapter E; and | ||
(5) any other source. | ||
Sec. 442.109. MISTAKEN DEPOSIT. (a) Any funds deposited | ||
in the state treasury under this subchapter by the commission by | ||
mistake of fact or mistake of law shall be refunded by warrant | ||
issued against the fund and credited against the account in the | ||
state treasury into which the money was deposited. Refunds | ||
necessary to make the proper correction shall be appropriated by | ||
the General Appropriations Act. | ||
(b) The comptroller may require written evidence from the | ||
executive director of the commission to indicate the reason for the | ||
mistake of fact or law before issuing the refund warrant authorized | ||
by Subsection (a). | ||
(c) This section does not apply to any funds that have been | ||
deposited under a written contract. | ||
Sec. 442.110. PROGRAMS FOR THE DEVELOPMENT OF HISTORIC | ||
SITES AND STRUCTURES. (a) The commission may apply to any | ||
appropriate agency or officer of the United States for | ||
participation in or the receipt of aid from any federal program | ||
involving the planning, acquisition, and development of historic | ||
sites and structures described by Subchapter C. | ||
(b) The commission may contract with the United States to | ||
plan, acquire, and develop historic sites and structures described | ||
by Subchapter C in conformity with any federal act concerning the | ||
development of historic sites and structures. | ||
(c) The commission shall keep financial and other records | ||
relating to programs under this section and shall furnish to | ||
appropriate officials and agencies of the United States and of this | ||
state all reports and information reasonably necessary for the | ||
administration of the programs. | ||
Sec. 442.111. FINANCING OF HISTORIC SITE PROGRAMS. | ||
(a) The operation, maintenance, and improvement of historic sites | ||
described by Subchapter C shall be financed from the general | ||
revenue fund, the historic site account, other accounts that may be | ||
authorized by law, and donations, grants, and gifts received by the | ||
commission for these purposes. | ||
(b) A donation, grant, or gift accruing to the state or | ||
received by the commission for the purpose of operating, | ||
maintaining, improving, or developing historic sites described by | ||
Subchapter C may not be used for any purpose other than the | ||
operation, maintenance, or developing of historic sites. | ||
SUBCHAPTER E. RULES GOVERNING HISTORIC SITES | ||
Sec. 442.201. AUTHORIZATION. The commission may adopt | ||
rules governing the health, safety, and protection of persons and | ||
property in historic sites described by Subchapter C under the | ||
control of the commission, including public water within historic | ||
sites. | ||
Sec. 442.202. SCOPE OF RULES. The rules may govern: | ||
(1) the conservation, preservation, and use of state | ||
property, whether natural features or constructed facilities; | ||
(2) the abusive, disruptive, or destructive conduct of | ||
persons; | ||
(3) the activities of site visitors, including | ||
camping, swimming, boating, fishing, or other recreational | ||
activities; | ||
(4) the possession of pets or animals; | ||
(5) the regulation of traffic and parking; and | ||
(6) conduct that endangers the health or safety of | ||
site visitors or their property. | ||
Sec. 442.203. POSTING OF RULES. All specific or general | ||
rules applying to a historic site described by Subchapter C must be | ||
posted in a conspicuous place at the site. A copy of the rules shall | ||
be made available on request to persons visiting the site. | ||
Sec. 442.204. REMOVAL FROM SITE. (a) Any person directly | ||
or indirectly responsible for disruptive, destructive, or violent | ||
conduct that endangers property or the health, safety, or lives of | ||
persons or animals may be removed from a historic site described by | ||
Subchapter C for a period not to exceed 48 hours. | ||
(b) Before removal under this section, the person must be | ||
given notice of the provisions of this section and an opportunity to | ||
correct the conduct justifying removal. | ||
(c) A court of competent jurisdiction may enjoin a person | ||
from reentry to the historic site described by Subchapter C, on | ||
cause shown, for any period set by the court. | ||
Sec. 442.205. ENFORCEMENT OF RULES. Rules adopted under | ||
this subchapter may be enforced by any peace officer. A notice to | ||
appear may be issued by a peace officer for violation of a rule on a | ||
form prescribed by the commission. | ||
Sec. 442.206. EFFECT OF RULES. A rule adopted under this | ||
subchapter does not amend or repeal any penal law of this state. | ||
Sec. 442.207. PENALTY. A person who violates a rule adopted | ||
under this subchapter commits an offense that is a Class C | ||
misdemeanor. | ||
SECTION 6. Section 651.004, Government Code, is amended by | ||
adding Subsection (g) to read as follows: | ||
(g) The Texas Historical Commission is not required to | ||
comply with management-to-staff ratio requirements of this section | ||
with respect to employees located in field-based operations. | ||
SECTION 7. Subsection (a), Section 2166.003, Government | ||
Code, is amended to read as follows: | ||
(a) Unless otherwise provided, this chapter does not apply | ||
to: | ||
(1) a project constructed by and for the Texas | ||
Department of Transportation; | ||
(2) a project constructed by and for a state | ||
institution of higher education; | ||
(3) a pen, shed, or ancillary building constructed by | ||
and for the Department of Agriculture for the processing of | ||
livestock before export; | ||
(4) a project constructed by the Parks and Wildlife | ||
Department; | ||
(5) a repair or rehabilitation project, except a major | ||
renovation, of buildings and grounds on the commission inventory; | ||
(6) a repair and rehabilitation project of another | ||
using agency, if all labor for the project is provided by the | ||
regular maintenance force of the using agency under specific | ||
legislative authorization and the project does not require the | ||
advance preparation of working plans or drawings; | ||
(7) a repair and rehabilitation project involving the | ||
use of contract labor, if the project has been excluded from this | ||
chapter by commission rule and does not require the advance | ||
preparation of working plans or drawings; | ||
(8) an action taken by the Texas Commission on | ||
Environmental Quality under Subchapter F or I, Chapter 361, Health | ||
and Safety Code; | ||
(9) a repair, rehabilitation, or construction project | ||
on property owned by the Texas Department of Housing and Community | ||
Affairs or the Texas State Affordable Housing Corporation; [ |
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(10) a project constructed by and for the Veterans' | ||
Land Board; or | ||
(11) a project constructed by and for the Texas | ||
Historical Commission. | ||
SECTION 8. Subsection (a), Section 13.001, Parks and | ||
Wildlife Code, is amended to read as follows: | ||
(a) Except as otherwise provided by law, the following are | ||
under the department's control and custody: | ||
(1) all recreational and natural areas designated as | ||
state parks; and | ||
(2) all historical sites under the jurisdiction of | ||
[ |
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SECTION 9. Section 13.0052, Parks and Wildlife Code, is | ||
amended to read as follows: | ||
Sec. 13.0052. REPORTS. The department shall periodically | ||
prepare reports on plans to preserve and develop historical sites | ||
under the jurisdiction of the department in this state. | ||
SECTION 10. Section 13.010, Parks and Wildlife Code, is | ||
amended to read as follows: | ||
Sec. 13.010. HISTORIC SITES. The department and the Texas | ||
Historical Commission may cooperate to locate, designate, and | ||
suitably mark historic grounds, battlefields, and other historic | ||
spots in Texas as historic sites. Fitting markers may be erected; | ||
however, no expense may be incurred in the name of the state for | ||
this project. | ||
SECTION 11. 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, 2011. |