Bill Text: TX SB1518 | 2011-2012 | 82nd Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Comm_Sub.html

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By: Eltife S.B. No. 1518
(In the Senate - Filed March 10, 2011; March 22, 2011, read
first time and referred to Committee on Administration;
March 30, 2011, reported favorably by the following vote: Yeas 5,
Nays 0; March 30, 2011, sent to printer.)

A BILL TO BE ENTITLED
AN ACT
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; [or]
(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
[acquired by] the department.
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.
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