HBA-TBM H.B. 10 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 10 By: Telford County Affairs 3/11/2001 Introduced BACKGROUND AND PURPOSE Certain provisions relating to the Texas Historical Commission (THC) and county historic commissions require updating. House Bill 10 updates certain provisions to clarify the relationship between THC and county historic commissions to improve coordination and more effectively preserve the historic cultural resources of Texas. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Historical Commission in SECTION 5 (Section 442.017, Government Code) of this bill. ANALYSIS House Bill 10 amends the Local Government and Government codes to modify provisions relating to the Texas Historical Commission (THC) and county historical commissions (commission). The bill amends the local Government Code to provide that when suggesting programs for the preservation of a county's historic cultural resources, THC must be consistent with the statewide preservation plan and is required to consider the fiscal and human resources the county has to conduct the program (Sec. 318.002). The bill sets forth provisions regarding the composition of a commission and the appointment of commission members (Sec. 318.003). The bill requires the county judge to serve as the commission chair during any interim period (Sec. 318.004). The bill changes the required number of meetings from at least one to at least four per year for a commission and provides that all meetings of a commission are required to be conducted in accordance with the open meetings law (Sec. 318.005). The bill provides that a commission should rather than shall institute and carry out a continuing survey of the historic and archeological features of the county and important endangered properties, and develop and maintain an inventory of surveyed properties and districts in accordance with THC standards. A commission should establish a system for the periodic review and assessment of designated properties and report the findings to THC (Sec. 318.006). The bill removes a commission's authority to designate a historical trail and special areas of historic interest. The bill provides that a commission should strive to create countywide awareness and appreciation of historic preservation and its benefits and uses (Sec. 318.007). The bill authorizes the commissioners court of a county to make agreements with governmental agencies or private organizations and to appropriate funds from the general fund of the county for the purpose of funding specified projects relating to the commission's duties. THC is authorized to make grants available to a commission to carry out those duties (Sec. 318.009). The bill requires a commission to review applications for Official Texas Historical Markers (markers) and recommends the establishment of a system to review, assess, and maintain the markers (Sec. 318.010). The bill sets forth provisions regarding to the creation of a plan by a commission for the preservation of a county's historic resources and provides that a commission should use THC's statewide preservation plan for guidance (Sec. 318.0101). The bill sets forth provisions for the leadership and training of a commission (Sec. 318.0102). The bill amends the Government Code to authorize THC to accept a gift of real property, historical or not, for preservation or sale (Section 442.005). The bill requires THC to assist in the acquisition of artifacts discovered in Texas that are significant in Texas or American history (Section 442.0145). The bill modifies provisions regarding the use of money in the Texas preservation trust fund account (fund) and provides that money deposited in the fund that is not used shall be unencumbered and accrue to the benefit of the fund rather than being used for architectural and archeological projects. The bill adds two positions to the advisory board, one being an archeologist and the other the director of a nonprofit historic preservation organization (Sec. 442.015). The bill provides that THC should establish a program to identify and preserve abandoned cemeteries and authorizes THC to accept gifts, grants, and donations, and authorizes the legislature to appropriate money to THC to implement the program. The bill authorizes THC to adopt rules to implement the program (Sec. 442.017). EFFECTIVE DATE September 1, 2001.