Relating to the authority and responsibilities of the Texas Historical Commission; authorizing fees.

89(R) HB 4187 - Enrolled version - Bill Text

H.B. No. 4187

AN ACT

relating to the authority and responsibilities of the Texas

Historical Commission; authorizing fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 442, Government Code, is

amended by adding Section 442.0046 to read as follows:

Sec.

442.0046.

AUTHORITY OF EXECUTIVE DIRECTOR TO ENTER

CERTAIN CONTRACTS.

(a)

The executive director may negotiate with

and award a contract for goods or services to any qualified vendor

if the executive director:

(1)

solicits bids for the goods or services through a

competitive process in compliance with all applicable laws,

including Chapters 2155, 2254, and 2269, that fails to result in

competitive responsive bids;

(2)

makes a written determination that resoliciting

bids for the goods or services would:

(A) be unlikely to result in responsive bids;

(B) increase costs to the commission; or

(C)

delay the ability of the commission to

address a critical need; and

(3)

determines that the vendor meets the requirements

of the original solicitation.

(b)

To the extent practicable, the executive director may

combine the procurement of multiple goods or services into a single

competitively bid contract to enhance the contract's attraction for

potential vendors.

SECTION 2. Section 442.005(p), Government Code, is amended

to read as follows:

(p) The commission may accept a gift, grant, devise, or

bequest of money, securities, services, or property to carry out

any purpose of this chapter, including funds raised or services

provided by a volunteer or volunteer group to promote the work of

the commission. The commission may participate in the establishment

and operation of an affiliated nonprofit organization whose

purpose is to raise funds for or provide services or other benefits

to the commission
or one or more historic sites as defined by

Section 442.071
.

SECTION 3. Subchapter A, Chapter 442, Government Code, is

amended by adding Section 442.0062 to read as follows:

Sec.

442.0062.

PRESERVATION, MAINTENANCE, AND REPAIR OF

OFFICIAL TEXAS HISTORICAL MARKERS. (a) In this section:

(1)

"Official Texas historical marker" means a marker,

medallion, monument, or plaque awarded, approved, or administered

by the commission, including:

(A)

centennial monuments installed by the State

of Texas in the 1930s;

(B)

monuments installed by the State of Texas in

the 1950s and 1960s to commemorate Texas history;

(C)

medallions, plaques, or markers installed by

the Texas State Historical Survey Committee, the commission's

predecessor, in or after 1953; and

(D)

markers, medallions, monuments, or plaques

installed by the commission in or after 1973 on public or private

property to commemorate an area, event, or person that are engraved

with text or to which a plaque with text is attached.

(2)

"Institution of higher education" and "university

system" have the meanings assigned by Section 61.003, Education

Code.

(b)

An official Texas historical marker is state property,

regardless of whether the marker is located on public or private

property.

(c)

The commission has jurisdiction over and is responsible

for the preservation, maintenance, and repair of official Texas

historical markers.

(d)

This section may not be construed as transferring

ownership or control of, or the responsibility to preserve,

maintain, or repair, a museum, statue, exhibition building, or

other building that is owned or operated by a private entity,

municipality, county, or institution of higher education or

university system.

SECTION 4. Sections 442.0151(b), (f), and (h), Government

Code, are amended to read as follows:

(b) The historic infrastructure sustainability trust fund

is created as a trust fund outside the treasury held by the trust

company and administered by the comptroller as trustee on behalf of

the people of this state to generate earnings on money in the fund

for the purpose of maintaining, preserving, rehabilitating,

improving,
and restoring historic sites throughout the state.

(f) The commission annually may request a distribution from

the fund in an amount that may not exceed the amount the trust

company determines is available for distribution in the applicable

year under Subsection (d). Money distributed from the fund to the

commission may be used only for the purpose of maintaining,

preserving, rehabilitating,
improving,
and restoring state

historic sites under the control of the commission and for the

historic courthouse preservation program under Section 442.0081.

The commission shall allocate at least one-third of each annual

distribution from the fund under this subsection for the historic

courthouse preservation program. The commission may not use money

received from an annual distribution under this subsection to pay

salaries, employee benefits, costs associated with employee

benefits, or administration, operating, or program costs of the

commission.

(h) The commission may receive an additional distribution

from the fund under Subsection (g) only after the commission

certifies to the Legislative Budget Board that:

(1) the commission has reviewed and approved the use

of the money;

(2) all purchases made with the money will conform to

any applicable provision of law governing state procurement and

contracting; and

(3) the money will not be used to:

(A) pay salaries, employee benefits, costs

associated with employee benefits, or administration, operating,

or program costs of the commission or the state historic sites under

the control of the commission;

(B) acquire new historic sites [
or real

property
]; or

(C) purchase capital equipment that is not

related to the rehabilitation or restoration of a historic site

under the control of the commission or the historic courthouse

preservation program under Section 442.0081.

SECTION 5. Chapter 442, Government Code, is amended by

adding Subchapter A-1 to read as follows:

SUBCHAPTER A-1.

AFFILIATED NONPROFIT ORGANIZATIONS; FRIENDS OF THE

TEXAS HISTORICAL COMMISSION

Sec.

442.041.

DEFINITION. In this subchapter,

"organization" means an affiliated nonprofit organization

established under Section 442.005(p), including the Friends of the

Texas Historical Commission or any other affiliated nonprofit

organization referenced in this chapter.

Sec.

442.042.

PURPOSE.

The commission shall designate each

organization as responsible for providing:

(1)

services and other benefits to the commission or a

historic site defined by Section 442.071; and

(2)

financial support as requested by the commission

and approved by the organization's board.

Sec.

442.043.

RULES; GUIDELINES. (a)

The commission shall

adopt rules:

(1)

establishing guidelines under which an

organization may solicit and accept sponsorships or donations from

private entities in connection with commission activities;

(2)

establishing best practices under which an

organization may engage in business activities described by this

subchapter;

(3)

requiring an organization to comply with specified

standards and safeguards for the accounting of state assets held by

the organization; and

(4)

governing the relationship between the commission

and an organization that, at a minimum:

(A)

define the extent to which commission

employees with regulatory responsibilities, including the

executive director, may participate in activities that raise funds

for an organization, which may not include the direct solicitation

of funds; and

(B)

define the relationship between commission

employees and an organization.

(b)

The commission shall establish guidelines for

identifying and defining the administrative and financial support

the commission may provide for an organization.

Sec.

442.044.

AGREEMENTS. (a) Notwithstanding any other

law, an organization and the commission may enter into an agreement

to use state money for the following purposes:

(1)

expanding, renovating, or improving historic

sites or facilities, including through construction;

(2)

maintaining, preserving, restoring, and

protecting historical markers, monuments, and historic sites;

(3) promoting and conducting archeological studies;

(4)

designing and fabricating exhibits and

preserving, storing, and displaying artifacts, historical data,

items of historical significance, and other items;

(5) creating interpretive and educational programs;

(6)

acquiring additional artifacts, historical and

marketing data, real estate, and items of historical significance

relevant to state history, settlement, and culture and historic

sites; and

(7)

supporting programming or providing financial

support for projects of the commission or a historic site.

(b)

Each agreement entered into under this section must be

approved by the commission.

Sec.

442.045.

COLLECTION AND USE OF CERTAIN FEE AND REVENUE

RECEIPTS. (a)

An agreement described by Section 442.044 may

authorize an organization to:

(1)

charge and collect fees in connection with the

organization's activities, including fees for viewing special

exhibits or films, attending programs or events, and using

commission facilities or other facilities; and

(2)

collect revenue from gift shop and concession

sales.

(b)

An organization shall hold, invest, manage, use, and

apply money received from the fees and sales described by

Subsection (a) only for the benefit of the commission and may

exercise discretion, subject to the terms of an agreement described

by Section 442.044, regarding business operations, exhibits,

programming, management, preservation, restoration, and site

development.

Sec.

442.046.

OWNERSHIP AND ACQUISITION OF PROPERTY. An

organization:

(1)

retains ownership of property purchased using the

organization's money and held in the organization's name; and

(2)

may acquire items by gift, grant, or purchase

using the organization's money.

Sec.

442.047.

DISPOSITION OF ORGANIZATION ASSETS ON

DISSOLUTION. (a)

In the event of an organization's dissolution,

the commission is the sole beneficiary of all items held in the

organization's name that relate to the commission, except as

otherwise provided by the organization's articles of incorporation

or the terms of the gift or other transfer of the items to the

organization.

(b)

An item for which the commission is not the sole

beneficiary must be clearly identified and described on an agreed

list prepared jointly by the commission and the organization.

Sec.

442.048.

CONFIDENTIALITY OF CERTAIN INFORMATION.

The

name, address, and other identifying information of a person who

makes a donation, including a gift, grant, or other financial

contribution, to an organization is confidential and excepted from

disclosure under Chapter 552.

Sec.

442.049.

ACCOUNTABILITY; INVESTMENT RESTRICTIONS;

AUDIT. (a) Chapter 2256 applies to an organization that is a party

to an agreement under this subchapter to the extent that the

agreement authorizes the organization to exercise control over

state money.

(b)

An organization that is a party to an agreement under

this subchapter shall have an annual audit prepared by an

independent auditor. The organization shall file the audit report

with the commission.

(c)

All financial transactions involving, and financial

records relating to, state money held by an organization that is a

party to an agreement under this subchapter are subject to audit by

the state auditor as provided by Section 321.013.

Sec.

442.050.

EXPENDITURES; LIMITS. (a) The commission

shall direct, by the terms of an agreement entered into under this

subchapter, an organization's spending of state money.

(b)

A state employee may not directly spend or obligate an

organization's money.

(c) An organization may not spend state money to:

(1)

lobby or otherwise attempt to influence a member

of the legislature; or

(2)

directly or indirectly attempt to influence

legislation.

SECTION 6. Section 442.072(a), Government Code, is amended

to read as follows:

(a) The following historic sites in this state are under the

commission's jurisdiction:

(1) Acton State Historic Site;

(2)
Barrington Living History Farm State Historic

Site;

(3) Bush Family Home State Historic Site;

(4) Caddo
[
Caddoan
] Mounds State Historic Site;

(5)
[
(3)
] Casa Navarro State Historic Site;

(6)
[
(4)
] Confederate Reunion Grounds State Historic

Site;

(7)
[
(5)
] Eisenhower Birthplace State Historic Site;

(8)
[
(6)
] Fannin Battleground State Historic Site;

(9)
[
(7)
] Fanthorp Inn State Historic Site;

(10)
[
(8)
] Fort Griffin State Historic Site;

(11)
[
(9)
] Fort Lancaster State Historic Site;

(12) Fort Martin Scott State Historic Site;

(13)
[
(10)
] Fort McKavett State Historic Site;

(14) French Legation State Historic Site;

(15)
[
(11)
] Fulton Mansion State Historic Site;

(16) Goodnight Ranch State Historic Site;

(17) Harvey House State Historic Site;

(18) Iwo Jima Monument and Museum State Historic Site;

(19) Kreische Brewery State Historic Site;

(20)
[
(12)
] Landmark Inn State Historic Site;

(21)
[
(13)
] Levi Jordan State Historic Site;

(22)
[
(14)
] Lipantitlan State Historic Site;

(23)
[
(15)
] Magoffin Home State Historic Site;

(24)
[
(16)
] Mission Dolores State Historic Site;

(25)
[
(17)
] Monument Hill [
and Kreische Brewery
]

State Historic
Site
[
Sites
];

(26)
[
(18)
] National Museum of the Pacific War;

(27) Old Socorro Mission State Historic Site;

(28) Palmito Ranch Battlefield State Historic Site;

(29) Port Isabel Lighthouse State Historic Site;

(30) Presidio La Bahia State Historic Site;

(31)
[
(19)
] Sabine Pass Battleground State Historic

Site;

(32)
[
(20)
] Sam Bell Maxey House State Historic Site;

(33)
[
(21)
] Sam Rayburn House State Historic Site;

(34)
[
(22)
] San Felipe
de Austin
State Historic Site;

(35) San Jacinto Battleground State Historic Site;

(36) Star of the Republic Museum State Historic Site;

(37)
[
(23)
] Starr Family Home State Historic Site;

(38) Stephen F. Austin Memorial State Historic Site;

(39)
[
(24)
] Varner-Hogg Plantation State Historic

Site;
and

(40)
[
(25)
] Washington-on-the-Brazos State Historic

Site[
; and

[
(26) the property known as the French Legation
].

SECTION 7. Section 442.101(c), Government Code, is amended

to read as follows:

(c)
Except as authorized by Section 442.0046, the
[
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.

SECTION 8. Section 442.113, Government Code, is amended by

amending Subsection (a) and adding Subsections (a-1) and (d) to

read as follows:

(a) The Texas Historical Commission retail operations fund

is a special fund established outside the state treasury as a fund

to be held and administered by the comptroller as directed by the

commission to provide support for commission retail operations

under Section 442.112. The fund
may include
[
consists of
] revenue

from commission retail operations
and earned revenue from operating

receipts but
[
and
] may not include appropriated money.

(a-1)

Appropriated money may be used to provide financial

support for and grow retail operations.

(d)

The commission's retail operations are considered an

auxiliary enterprise for purposes of Section 2155.141.

SECTION 9. Subchapter D, Chapter 442, Government Code, is

amended by adding Section 442.114 to read as follows:

Sec.

442.114.

HISTORIC SITE THEMES AND INTERPRETATION. (a)

The commission shall approve historical themes and interpretive

storylines for each historic site based on a framework that

portrays a cohesive story of Texas as seen through its historic

sites.

(b)

Staff historians and interpretive planners employed by

the commission shall develop the framework described by Subsection

(a) and submit the framework to the commission for approval.

(c)

The historical themes and interpretive storylines

approved by the commission for each historic site shall be the basis

for exhibits and interpretive plans produced for each historic site

by commission staff or contractors.

(d)

Staff and volunteer educators, interpreters, guides,

and presenters must be trained by commission staff in a manner

consistent with the framework described by Subsection (a) and

approved by the commission.

(e)

The commission shall ensure that visitors to each

historic site are presented with exhibits and programs that are

consistent with the framework described by Subsection (a) and

approved by the commission.

SECTION 10. Chapter 442, Government Code, is amended by

adding Subchapter D-1 to read as follows:

SUBCHAPTER D-1. WASHINGTON-ON-THE-BRAZOS HISTORICAL FOUNDATION

Sec.

442.151.

DEFINITION. In this subchapter, "foundation"

means the Washington-on-the-Brazos Historical Foundation.

Sec.

442.152.

PURPOSE OF FOUNDATION. (a) The foundation is

a nonprofit historical association established under Section

442.005(p) for the purposes of supporting the operations of:

(1) the Washington-on-the-Brazos State Historic Site;

(2) the Fanthorp Inn State Historic Site;

(3)

the Barrington Living History Farm State Historic

Site; and

(4)

the Star of the Republic Museum State Historic

Site.

(b)

The commission shall designate the foundation as the

entity responsible for providing operational support for the sites

described by Subsection (a) and engaging in related activities for,

and providing financial support to, those sites.

Sec.

442.153.

RESPONSIBILITIES OF FOUNDATION AND

COMMISSION. The foundation and the commission shall enter into an

agreement that establishes the:

(1)

working relationship between the foundation and

the commission in connection with the activities conducted at the

sites described by Section 442.152(a);

(2)

best practices under which the foundation may

engage in business activities described by this subchapter;

(3)

relationship between the commission's employees

and the foundation; and

(4)

guidelines for identifying and defining the

administrative and financial support the commission may provide in

connection with the sites described by Section 442.152(a).

Sec.

442.154.

AGREEMENTS REGARDING CERTAIN HISTORIC SITES.

(a) Notwithstanding any other law, the foundation and the

commission may enter into an agreement under Subchapter A-1 to use

state money for the following purposes regarding a site described

by Section 442.152(a):

(1)

expanding, renovating, managing, maintaining,

operating, or providing financial support for the site;

(2)

maintaining, preserving, restoring, and

protecting property located on the site;

(3)

promoting and conducting archeological studies at

the site;

(4)

maintaining, repairing, renovating, restoring,

improving, expanding, or equipping improvements at the site,

including constructing new improvements;

(5)

designing and fabricating exhibits and

preserving, storing, and displaying artifacts, historical data,

and items of historical significance, including artifacts, data,

livestock, and items owned or held by the foundation, at the site;

(6)

creating interpretive and educational programs

regarding the site;

(7)

acquiring real property, additional artifacts,

historical data, and items of historical significance relevant to

the Texas Revolution and the period in which it occurred, and early

Texas settlement and culture related to the site; and

(8)

preserving, restoring, storing, and conserving

artifacts, historical data, and items of historical significance

related to the site.

(b)

Subject to the terms of an agreement under Subchapter

A-1, the foundation may exercise discretion regarding business

operations, exhibits, programming, collection management,

preservation, restoration, storage, and site development at the

site that is the subject of the agreement.

Sec.

442.155.

COLLECTION AND USE OF CERTAIN FEE AND REVENUE

RECEIPTS. (a)

An agreement described by Section 442.154 may

authorize the foundation to, at the site that is the subject of the

agreement:

(1)

charge and collect fees in connection with the

foundation's activities at the site, including fees for viewing

special exhibits or films, attending programs or events, and using

the facilities at the site; and

(2)

collect revenue from gift shop and concession

sales at the site.

(b)

The foundation shall hold, invest, manage, use, and

apply money received from the fees and sales described by

Subsection (a) only for the benefit of the sites described by

Section 442.152(a).

Sec.

442.156.

COMMISSION ADVICE AND OVERSIGHT. (a)

The

commission shall advise the foundation on the operation,

interpretation, and presentation of historical events,

preservation, archeology, education, nature, philanthropy, and

business development regarding a site described by Section

442.152(a).

(b)

The commission may appoint two nonvoting members to the

foundation's board.

Sec.

442.157.

FUNDRAISING. (a) The foundation shall set

priorities for fundraising activities at the sites described by

Section 442.152(a).

(b)

Notwithstanding Subsection (a), the commission may

adopt rules to establish naming opportunities as described by

Section 442.032.

Sec.

442.158.

OWNERSHIP AND ACQUISITION OF PROPERTY. The

foundation:

(1)

retains ownership of property purchased using the

foundation's money and held in the foundation's name; and

(2)

may acquire items by gift, grant, or purchase

using the foundation's money.

Sec.

442.159.

DISPOSITION OF FOUNDATION ASSETS ON

DISSOLUTION. (a) In the event of the foundation's dissolution, the

commission is the sole beneficiary of all items held in the

foundation's name that relate to the revolutionary history of a

site described by Section 442.152(a) and to early Texas settlement

and culture, except as otherwise provided by the foundation's

articles of incorporation or the terms of the gift or other transfer

of the items to the foundation.

(b)

An item for which the commission is not the sole

beneficiary must be clearly identified and described on an agreed

list prepared jointly by the commission and the foundation.

SECTION 11. Subchapter K, Chapter 2166, Government Code, is

amended by adding Section 2166.504 to read as follows:

Sec.

2166.504.

APPLICABILITY OF SUBCHAPTER TO CERTAIN

MARKERS. This subchapter does not apply to a marker over which the

Texas Historical Commission has jurisdiction under Section

442.0062.

SECTION 12. Section 442.0055, Government Code, is repealed.

SECTION 13. Section 442.0046, Government Code, as added by

this Act, applies only to a contract for which bids are first

solicited on or after the effective date of this Act. A contract

for which bids are first solicited before the effective date of this

Act is governed by the law as it existed immediately before the

effective date of this Act, and that law is continued in effect for

that purpose.

SECTION 14. Section 442.0151, Government Code, as amended

by this Act, applies only to a distribution from the historic

infrastructure sustainability trust fund requested by the Texas

Historical Commission on or after the effective date of this Act.

SECTION 15. On the effective date of this Act, the Texas

Historical Commission is responsible for the preservation,

maintenance, and repair of official Texas historical markers as

provided by Section 442.0062, Government Code, as added by this

Act, including markers described by that section for which the

Texas Facilities Commission previously had responsibility before

that date.

SECTION 16. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 4187 was passed by the House on April

30, 2025, by the following vote: Yeas 135, Nays 0, 2 present, not

voting; that the House concurred in Senate amendments to H.B. No.

4187 on May 23, 2025, by the following vote: Yeas 129, Nays 9, 1

present, not voting; and that the House adopted H.C.R. No. 166

authorizing certain corrections in H.B. No. 4187 on May 28, 2025, by

the following vote: Yeas 121, Nays 0, 1 present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 4187 was passed by the Senate, with

amendments, on May 20, 2025, by the following vote: Yeas 27, Nays

4; and that the Senate adopted H.C.R. No. 166 authorizing certain

corrections in H.B. No. 4187 on May 30, 2025, by the following vote:

Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor