HBA-DMD S.B. 1327 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1327 By: Gallegos State, Federal, & International Relations 4/25/1999 Engrossed 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. S.B. 1327 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. S.B. 1327 deletes the prohibition against the commission 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.