HBA-DMD H.B. 2820 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2820
By: Hunter
State, Federal, & International Relations
4/17/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas Historical Commission's (commission) role in heritage
tourism is only briefly mentioned in statute. The commission currently uses
money in the Texas preservation trust fund for "bricks and mortar" grants
only.  

H.B. 2820 requires the commission to promote heritage tourism by assisting
persons, including local governments, organizations, and individuals, in
the preservation, enhancement, and promotion of heritage and cultural
attractions in this state. This bill authorizes the commission to maintain
the historic character of the sites and structures entrusted to its care.
This bill also authorizes the commission to use money in the Texas
preservation trust fund account to provide financial assistance to public
or private entities for planning and educational activities leading to the
preservation of historic property in this state. It requires the commission
to require creation of a preservation easement in the property in favor of
the state or to require creation of other appropriate covenants in favor of
the state. H.B. 2820 deletes the prohibition against the commission from
providing financial assistance in an amount over $20,000 for a project
without the approval of the advisory board. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 442.005, Government Code, by adding Subsections
(t) and (u), as follows: 

(t) Requires the Texas Historical Commission (commission) to promote
heritage tourism by assisting persons, including local governments,
organizations, and individuals, in the preservation, enhancement, and
promotion of heritage and cultural attractions in this state. Specifies the
efforts that must be included in the program. 

(u) Authorizes the commission to maintain the historic character of the
sites and structures entrusted to its care; use its resources to develop
the historic sites through promotional and educational activities,
including the purchase of items for resale or donation and the purchase of
plants and landscaping services; and  accept advertisements in selected
agency publications, including print and electronic publications, at a rate
that offsets development and production costs.  

SECTION 2.  Amends Sections 442.015(b), (c), and (f), Government Code, as
follows: 

(b) Includes providing money from the Texas preservation trust fund account
in order to provide financial assistance to public or private entities for
planning and educational activities leading to the preservation of historic
property in this state that is listed in the National Register of Historic
Places or Recorded Texas Historic Landmarks or that the commission
determines is eligible for such a listing, among other provisions for which
the commission is authorized to use money from the Texas preservation trust
fund  account. 
 
(c) Requires the commission, as a condition of providing financial
assistance under this section, to require creation of a preservation
easement in the property, as provided by Chapter 183 (Conservation
Easements), Natural Resources Code, in favor of the state or, rather than
and, to require creation of other appropriate covenants in favor of the
state.  

(f) Deletes text prohibiting the commission from providing financial
assistance in an amount over $20,000 for a project without the approval of
the advisory board. 

SECTION 3.Effective date: September 1, 1999.
 
SECTION 4.Emergency clause.