HB4187 - Relating to the authority and responsibilities of the Texas Historical Commission; authorizing fees.

      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:             & [Text truncated for display. Full text available on Congress.gov.]