All Roll Calls
Yes: 525 • No: 26
TexasHB 418789th Legislature Regular SessionHouse
Relating to the authority and responsibilities of the Texas Historical Commission; authorizing fees.
Sponsored By: Lois Kolkhorst (Republican), Will Metcalf
Signed by Governor
Charitable & Nonprofit OrganizationsFees & Other Nontax Revenue--StateHistoric Preservation & MuseumsProtection of Personal InformationPurchasing--StateState Agencies, Boards & CommissionsState Finances--AppropriationsState Finances--Management & ControlCOMPETITIVE BIDDINGSIGNSHISTORICAL COMMISSION, TEXAS
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Bill Overview
Analyzed Economic Effects
11 provisions identified: 3 benefits, 1 costs, 7 mixed.
Historic Nonprofit Donors Gain Privacy
Beginning September 1, 2025, identifying information about donors to affiliated historic nonprofits is confidential. This protects names, addresses, and other identifying details from disclosure under the Texas Public Information Act. The protection covers gifts, grants, and other financial contributions.
Texas Takes Charge Of Historic Markers
Beginning September 1, 2025, official Texas historical markers are state property, even on private land. The Texas Historical Commission must preserve, maintain, and repair them, including markers previously handled by the Texas Facilities Commission. Covered markers include monuments, medallions, and plaques. This does not transfer responsibility for covered buildings, museums, or statues owned or operated by specified private groups, local entities, or colleges. The markers are also exempt from the state building rules in Government Code Chapter 2166, Subchapter K.
Historic Agency Gets Flexible Contract Rules
For bids first requested on or after September 1, 2025, the commission has a limited alternative after failed bidding. A lawful competitive process must first receive no competitive responsive bids. The executive director can then select a qualified vendor that meets the original requirements. Written findings must show rebidding is unlikely to work, would increase costs, or would delay a critical need. The director can combine purchases into one competitive contract when practical and must adopt procurement policies consistent with state law.
Historic Site Partners Can Charge Fees
Beginning September 1, 2025, approved agreements can let historic-site nonprofit partners charge visitors for exhibits, films, programs, events, and facility use. Partners can also collect gift shop and concession sales. General partners must use the money for the Texas Historical Commission's benefit, following their agreements. The Washington-on-the-Brazos Historical Foundation must use its receipts to benefit its four covered sites. The law does not require fees or set amounts.
Foundation Gains Role At Four Sites
Beginning September 1, 2025, the Washington-on-the-Brazos Historical Foundation is the required operations-support partner for four historic sites. These are Washington-on-the-Brazos, Fanthorp Inn, Barrington Living History Farm, and Star of the Republic Museum. A required agreement sets its financial-support duties and limits its control over operations, exhibits, programs, collections, preservation, and site development. Agreements can authorize state money for operations, upkeep, restoration, archaeology, improvements, education, and relevant property or historical items. The law sets no funding amount; the commission can appoint two nonvoting Foundation board members.
Historic Nonprofits Face Financial Safeguards
Beginning September 1, 2025, the commission must set rules for partner donations, business activities, accounting safeguards, and agency support. Rules must define staff fundraising roles; employees with regulatory duties cannot directly solicit donations. Agreements must direct state-money spending, and state employees cannot directly spend or commit a nonprofit's money. Covered nonprofits cannot use state money to lobby lawmakers or influence legislation. Partners with agreements must file annual independent audits; state-money records face state audits, and control of state money triggers public-fund investment rules.
Historic Partners Keep Property With Limits
Beginning September 1, 2025, affiliated nonprofits and the Washington-on-the-Brazos Historical Foundation can receive gifts and grants or buy items. They own property bought with their own money and held in their names. Upon dissolution, commission-related items held by general partners become commission property unless otherwise specified. If the Foundation dissolves, the commission is sole beneficiary of its items tied to the covered sites' revolutionary history or early Texas settlement and culture. Foundation incorporation documents or transfer terms can create exceptions, which the Foundation and commission must jointly list.
Nonprofit Partners Can Support Historic Sites
Beginning September 1, 2025, the Texas Historical Commission can help form and operate nonprofits that raise money or provide services. The commission must assign each partner a role serving the agency or a historic site. Financial support requires a commission request and approval from the nonprofit's board. Commission-approved agreements can authorize state money for repairs, preservation, archaeology, exhibits, education, acquisitions, and other listed site projects.
Texas Expands Historic Site Oversight
Beginning September 1, 2025, the law expands the Texas Historical Commission's list of state historic sites. Named additions include Barrington Living History Farm, Bush Family Home, Fort Martin Scott, Goodnight Ranch, and Harvey House. The list also includes the Iwo Jima Monument and Museum, San Jacinto Battleground, Star of the Republic Museum, and French Legation. The commission must approve historical themes and storylines for each site, and staff and contractors must follow them in exhibits and programs. Staff and volunteer educators must receive training that follows the approved framework.
Historic Preservation Funds Gain Uses, Limits
For requests made on or after September 1, 2025, the Historic Infrastructure Sustainability Trust Fund supports improvements alongside maintenance, preservation, rehabilitation, and restoration. Held by a trust company outside the treasury and administered by the comptroller, it serves commission sites and historic courthouse preservation. Annual distributions cannot exceed the trust company's available amount, and at least one-third must support courthouse preservation. Distributions cannot pay commission salaries, benefits, administration, operations, program costs, new historic-site purchases, or equipment unrelated to rehabilitation or restoration. Additional distributions can fund other real-property purchases, but require commission certification to the Legislative Budget Board of approved uses, lawful purchasing, and compliance with spending bans.
Historic Retail Gets A Separate Fund
Beginning September 1, 2025, a separate retail operations fund holds commission sales revenue and other earned operating receipts. The comptroller holds and administers it outside the state treasury as the commission directs. Appropriated money cannot enter the fund, but it can still support and grow retail operations. The law classifies commission retail operations as an auxiliary enterprise.
Sponsors & Cosponsors
Sponsors
Lois Kolkhorst
Republican • Senate
Will Metcalf
House
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
House vote • 5/23/2025
Record vote
Yes: 129 • No: 9
Senate vote • 5/20/2025
Record vote
Yes: 27 • No: 4
Senate vote • 5/20/2025
Record vote
Yes: 27 • No: 4
Senate vote • 5/20/2025
Record vote
Yes: 27 • No: 4
Senate vote • 5/20/2025
Record vote
Yes: 27 • No: 4
House vote • 4/30/2025
Record vote
Yes: 135 • No: 0
House vote • 4/29/2025
Record vote
Yes: 143 • No: 0
House vote • Unknown
Committee vote: Culture, Recreation & Tourism
Yes: 6 • No: 0
Senate vote • Unknown
Committee vote: Economic Development
Yes: 4 • No: 1
Actions Timeline
Effective on 9/1/25
6/20/2025HouseSigned by the Governor
6/20/2025HouseSent to the Governor
6/2/2025HouseSigned in the Senate
6/1/2025SenateSigned in the House
6/1/2025HouseReported enrolled
5/31/2025HouseSenate adopts resolution for tech. correction (HCR 166)
5/30/2025SenateHouse adopts resolution for tech. correction (HCR 166)
5/28/2025HouseHouse concurs in Senate amendment(s)-reported
5/23/2025SenateText of Senate Amendment(s)
5/23/2025HouseStatement(s) of vote recorded in Journal
5/23/2025HouseRecord vote (RV#3439)
5/23/2025HouseHouse concurs in Senate amendment(s)
5/23/2025HouseSenate Amendments Analysis distributed
5/21/2025HouseSenate Amendments distributed
5/21/2025HouseSenate passage as amended reported
5/21/2025HouseRecord vote
5/20/2025SenatePassed
5/20/2025SenateRead 3rd time
5/20/2025SenateRecord vote
5/20/2025SenateThree day rule suspended
5/20/2025SenateRecord vote
5/20/2025SenatePassed to 3rd reading as amended
5/20/2025SenateVote recorded in Journal
5/20/2025SenateAmended
5/20/2025Senate
Bill Text
Engrossed
Enrolled
House Committee Report
Introduced
Senate Committee Report
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