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

89(R) SB 2036 - Introduced version - Bill Text

89R9434 GP-F

By: Kolkhorst

S.B. No. 2036

A BILL TO BE ENTITLED

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
shall
[
may
] participate in the

establishment and operation of
the
[
an
] affiliated nonprofit

organization
described by Subchapter A-1
whose purpose is to raise

funds for or provide services or other benefits to the commission.

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

amended by adding Section 442.034 to read as follows:

Sec.

442.034.

PRESERVATION, MAINTENANCE, AND REPAIR OF

CERTAIN HISTORICAL MARKERS.

(a)

In this section:

(1)

"Civil War centennial marker" means a marker

installed as part of the celebration of the centennial of the Civil

War.

(2)

"Institution of higher education" and "university

system" have the meanings assigned by Section 61.003, Education

Code.

(3)

"Marker" means a marker, monument, or other

memorial installed on public or private property to commemorate an

area, event, or person that is engraved with text or to which a

plaque with text is attached.

(4)

"Republic of Texas centennial marker" means a

marker installed as part of the celebration of the centennial of the

Republic of Texas.

(b)

This section applies only to a Civil War centennial

marker or a Republic of Texas centennial marker that was installed

by or at the direction of:

(1) the former Centennial Commission;

(2) the former Texas Civil War Centennial Commission;

(3)

the commission or a predecessor of the commission;

or

(4) the Republic of Texas.

(c)

A Civil War centennial marker or a Republic of Texas

centennial marker is state property, regardless of whether the

marker is located on public or private property.

(d)

The commission has jurisdiction over and is responsible

for the preservation, maintenance, and repair of Civil War

centennial markers and Republic of Texas centennial markers.

(e)

This section may not be construed as transferring

ownership or control of, or the responsibility to preserve,

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

building that is:

(1)

associated with or located near a Civil War

centennial marker or a Republic of Texas centennial marker; and

(2)

owned or operated by a private entity,

municipality, county, or institution of higher education or

university system.

SECTION 4. Chapter 442, Government Code, is amended by

adding Subchapter A-1 to read as follows:

SUBCHAPTER A-1.

FRIENDS OF TEXAS HISTORICAL COMMISSION

Sec.

442.041.

DEFINITION. In this subchapter,

"organization" means the Friends of the Texas Historical

Commission.

Sec.

442.042.

PURPOSE.

(a) The organization is the

affiliated nonprofit organization formed under Section 442.005(p).

(b)

The commission shall designate the organization as the

entity responsible for providing:

(1) services and other benefits to the commission; 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 the

organization may solicit and accept sponsorships or donations from

private entities in connection with commission activities;

(2)

establishing best practices under which the

organization may engage in business activities described by this

subchapter, including procurement guidelines for the use of state

money; and

(3)

governing the relationship between the commission

and the 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 the organization, which may not include the direct solicitation

of funds; and

(B)

define the relationship between commission

employees and the organization.

(b)

The commission shall establish guidelines for

identifying and defining the administrative and financial support

the commission may provide for the organization.

Sec.

442.044.

AGREEMENTS. The organization and the

commission may enter into an agreement 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 state

historic sites; and

(7)

supporting programming or providing financial

support for projects of the commission.

Sec.

442.045.

COLLECTION AND USE OF CERTAIN FEE AND REVENUE

RECEIPTS. (a)

An agreement described by Section 442.044 may

authorize the 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)

The 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. The

organization:

(1)

retains ownership of property held in the name of

the organization; 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 the 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 the organization is confidential and excepted from

disclosure under Chapter 552.

SECTION 5. 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 6. 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 7. 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 consists of revenue from

commission retail operations
and earned revenue operating receipts

and may not include appropriated money.

(a-1)

The commission may purchase goods for resale

necessary to support the commission's retail operations using

general revenue available to the commission for that purpose only

until sufficient money is available in the fund established under

this section to fully support retail operations.

(d)

The commission's retail and earned revenue operations

are considered auxiliary enterprises for purposes of Section

2155.141.

SECTION 8. 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 organized 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,

including procurement guidelines for the use of state money;

(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) The foundation and the commission may enter into an agreement

regarding a site described by Section 442.152(a) for the following

purposes:

(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 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 this section,

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 held in the name of

the foundation; 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 9. 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

442.034.

SECTION 10. Section 442.0055, Government Code, is repealed.

SECTION 11. 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 12. On the effective date of this Act, the Texas

Historical Commission replaces the Texas Facilities Commission as

the state agency responsible for the preservation, maintenance, and

repair of the markers described by Section 442.034, Government

Code, as added by this Act.

SECTION 13. This Act takes effect September 1, 2025.