Bill Text: TX SB2230 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the transfer of the Washington-on-the-Brazos State Historic Site from the Texas Parks and Wildlife Department to the Texas Historical Commission.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-29 - Referred to Administration [SB2230 Detail]
Download: Texas-2017-SB2230-Introduced.html
By: Kolkhorst | S.B. No. 2230 | |
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relating to the transfer of the Washington-on-the-Brazos State | ||
Historic Site from the Texas Parks and Wildlife Department to the | ||
Texas Historical Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 442.072(a), Government Code is amended | ||
to read as follows: | ||
Sec. 442.072. JURISDICTION. (a) The following historic | ||
sites and parks formerly under the jurisdiction of the Parks and | ||
Wildlife Department are under the commission's jurisdiction: | ||
(1) Acton State Historic Site; | ||
(2) Caddoan Mounds State Historic Site; | ||
(3) Casa Navarro State Historic Site; | ||
(4) Confederate Reunion Grounds State Historic Site; | ||
(5) Eisenhower Birthplace State Historic Site; | ||
(6) Fannin Battleground State Historic Site; | ||
(7) Fort Griffin State Historic Site; | ||
(8) Fort Lancaster State Historic Site; | ||
(9) Fort McKavett State Historic Site; | ||
(10) Fulton Mansion State Historic Site; | ||
(11) Landmark Inn State Historic Site; | ||
(12) Levi Jordan State Historic Site; | ||
(13) Magoffin Home State Historic Site; | ||
(14) Sabine Pass Battleground State Historic Site; | ||
(15) Sam Bell Maxey House State Historic Site; | ||
(16) San Felipe State Historic Site; | ||
(17) Starr Family Home State Historic Site; | ||
(18) Varner-Hogg Plantation State Historic Site; | ||
(19) Washington-on-the-Brazos State Historic Site. | ||
SECTION 2. (a) In this section, "historic site" means a | ||
historic site or park listed under Section 442.072, Government | ||
Code, as amended by this Act. | ||
(b) On or after January 1, 2018, as provided by this | ||
section, the following are transferred to the Texas Historical | ||
Commission: | ||
(1) the historic site and all obligations and | ||
liabilities of the Parks and Wildlife Department relating to the | ||
site; | ||
(2) all unobligated and unexpended funds appropriated | ||
to the Parks and Wildlife Department designated for the | ||
administration of each site; | ||
(3) all equipment and property of the Parks and | ||
Wildlife Department used for the administration of or related to | ||
each site; and | ||
(4) all files and other records of the Parks and | ||
Wildlife Department kept by the department regarding each site. | ||
(c) A rule adopted by the Parks and Wildlife Commission that | ||
is in effect immediately before January 1, 2018, and that relates to | ||
a historic site is, on January 1, 2018, a rule of the Texas | ||
Historical Commission and remains in effect until amended or | ||
repealed by the Texas Historical Commission. A rule that applies to | ||
both a transferred site and park that is not transferred is a rule | ||
of both commissions and applies to the transferred site until | ||
amended or repealed by the Texas Historical Commission. | ||
(d) A transfer under this Act does not diminish or impair | ||
the rights of a holder of an outstanding bond or other obligation | ||
issued by the Parks and Wildlife Department in relation to the | ||
support of a historic site. | ||
(e) On January 1, 2018, a reference in the Parks and | ||
Wildlife Code or other law to a power, duty, obligation, or | ||
liability of the Parks and Wildlife Department or the Parks and | ||
Wildlife Commission that relates to a historic site is a reference | ||
to the Texas Historical Commission. The Texas Historical Commission | ||
is the successor agency to the Parks and Wildlife Department and the | ||
Parks and Wildlife Commission for the site. | ||
(f) The Texas Historical Commission shall prepare a base | ||
operating plan for each historic site before the transfer of any | ||
site or associated artifact or archival materials from the Parks | ||
and Wildlife Department to the commission. The base operating plan | ||
for each site must be completed on or before January 1, 2018. The | ||
base operating plan for each site must include: | ||
(1) a mission statement outlining the goals for the | ||
site; | ||
(2) an interpretive plan showing how the mission is to | ||
be accomplished; | ||
(3) an operational plan, including: | ||
(A) facilities, documents, records, and other | ||
assets to be transferred; | ||
(B) parties responsible for daily site | ||
management, including staff that will be transferred; | ||
(C) off-site support structure; | ||
(D) plans for artifact and archival curation; | ||
(E) assigned memoranda of understanding or | ||
memoranda of agreement with appropriate friends groups and | ||
volunteer organizations; and | ||
(F) emergency plans; | ||
(4) a maintenance plan, including maintenance and | ||
repair needs; | ||
(5) a marketing plan; | ||
(6) a business plan, including revenue and visitation | ||
goals; | ||
(7) a plan for compliance with: | ||
(A) Chapter 191, Natural Resources Code (the | ||
Antiquities Code of Texas); and | ||
(B) the National Historic Preservation Act (16 | ||
U.S.C. Section 470 et seq.); and | ||
(8) fiscal plans and budgets associated with | ||
Subdivisions (1) through (7) of this subsection. | ||
(g) Until a historic site is transferred to the Texas | ||
Historical Commission in accordance with this Act, the Parks and | ||
Wildlife Department shall continue to operate and maintain the site | ||
under applicable law as it existed on January 1, 2017. | ||
(h) An employee of the Parks and Wildlife Department whose | ||
job responsibilities are more than 50 percent related to a historic | ||
site transferred to the Texas Historical Commission under this Act | ||
becomes an employee of the Texas Historical Commission on the date | ||
of the transfer of that site. An employee whose job is transferred | ||
may not be dismissed after the transfer except for cause before the | ||
first anniversary of the date of the transfer. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. |