Title GV, Government Code

Sec. 442.108. DEPOSIT OF RECEIPTS. The commission shall deposit to the credit of the historic site account all revenue, less allowable costs, received from the following sources: (1) the operation of concessions at historic sites described by Subchapter C; (2) lease of grazing ri…

Sec. 442.109. MISTAKEN DEPOSIT. (a) Any funds deposited in the state treasury under this subchapter by the commission by mistake of fact or mistake of law shall be refunded by warrant issued against the fund and credited against the account in the state treasury into which the mo…

Sec. 442.110. PROGRAMS FOR THE DEVELOPMENT OF HISTORIC SITES AND STRUCTURES. (a) The commission may apply to any appropriate agency or officer of the United States for participation in or the receipt of aid from any federal program involving the planning, acquisition, and develop…

Sec. 442.111. FINANCING OF HISTORIC SITE PROGRAMS. (a) The operation, maintenance, and improvement of historic sites described by Subchapter C shall be financed from the general revenue fund, the historic site account, other accounts that may be authorized by law, and donations, …

Sec. 442.112. STATE HISTORIC SITE RETAIL OPERATIONS. (a) The commission may establish, manage, and operate gift and souvenir retail establishments and provide retail services through the Internet or another electronic method to support and promote state historic sites and related…

Sec. 442.113. TEXAS HISTORICAL COMMISSION RETAIL OPERATIONS FUND. (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 …

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 i…

Sec. 442.151. DEFINITION. In this subchapter, "foundation" means the Washington-on-the-Brazos Historical Foundation. Added by Acts 2025, 89th Leg., R.S., Ch. 948 (H.B. 4187), Sec. 10, eff. September 1, 2025.

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)…

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…

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) exp…

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…

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…

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. Added …

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. Added by Acts 2025,…

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) an…

Sec. 442.201. AUTHORIZATION. The commission may adopt rules governing the health, safety, and protection of persons and property in historic sites described by Subchapter C under the control of the commission, including public water within historic sites. Added by Acts 2011, 82nd…

Sec. 442.202. SCOPE OF RULES. The rules may govern: (1) the conservation, preservation, and use of state property, whether natural features or constructed facilities; (2) the abusive, disruptive, or destructive conduct of persons; (3) the activities of site visitors, including ca…

Sec. 442.203. POSTING OF RULES. All specific or general rules applying to a historic site described by Subchapter C must be posted in a conspicuous place at the site. A copy of the rules shall be made available on request to persons visiting the site. Added by Acts 2011, 82nd Leg…

Sec. 442.204. REMOVAL FROM SITE. (a) Any person directly or indirectly responsible for disruptive, destructive, or violent conduct that endangers property or the health, safety, or lives of persons or animals may be removed from a historic site described by Subchapter C for a per…

Sec. 442.205. ENFORCEMENT OF RULES. Rules adopted under this subchapter may be enforced by any peace officer. A notice to appear may be issued by a peace officer for violation of a rule on a form prescribed by the commission. Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 15…

Sec. 442.206. EFFECT OF RULES. A rule adopted under this subchapter does not amend or repeal any penal law of this state. Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 5, eff. June 17, 2011.

Sec. 442.207. PENALTY. A person who violates a rule adopted under this subchapter commits an offense that is a Class C misdemeanor. Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 5, eff. June 17, 2011. SUBCHAPTER F. SAN JACINTO BATTLEGROUND STATE HISTORIC SITE

Sec. 442.251. JURISDICTION. (a) The San Jacinto Battleground State Historic Site is under the jurisdiction of the commission. (b) The San Jacinto Battleground State Historic Site is a historic site for purposes of Subchapter C. Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff.…

Sec. 442.252. SAN JACINTO MUSEUM AND BATTLEFIELD ASSOCIATION. (a) In this section, "association" means the San Jacinto Museum and Battlefield Association, which was previously known as the San Jacinto Museum of History Association. (b) The association is a nonprofit historical as…

Sec. 442.253. EXECUTIVE MANAGER; OTHER EMPLOYEES. (a) The commission may employ an executive manager to manage the business operations and direct staff at the San Jacinto Battleground State Historic Site. (b) The executive manager is responsible for managing the business operatio…

Sec. 442.271. JURISDICTION. (a) The Port Isabel Lighthouse is a state historical monument and park and is under the jurisdiction of the commission. (b) The Port Isabel Lighthouse State Historical Monument and Park is a historic site for purposes of Subchapter C. Added by Acts 197…

Sec. 442.272. POWERS OF COMMISSION. The commission may rehabilitate, maintain, and preserve the property of the park, and may collect entrance fees for admission to the park or operate it on a concession basis under the provisions of this chapter. Added by Acts 1975, 64th Leg., R…

Sec. 442.301. DEFINITION. In this subchapter, "program" means the Texas presidential library promotion program established under this subchapter. Added by Acts 2025, 89th Leg., R.S., Ch. 1122 (H.B. 5616), Sec. 1, eff. September 1, 2025.

Sec. 442.302. TEXAS PRESIDENTIAL LIBRARY PROMOTION PROGRAM. (a) The commission shall establish and administer the Texas presidential library promotion program to: (1) recognize that the presidential libraries in this state are vital historical and educational resources that attra…

Sec. 442.303. FUNDING. (a) The commission shall establish an account into which gifts, grants, and other donations received by the commission for purposes of this subchapter may be deposited. (b) The commission may deposit money appropriated to the commission by the legislature f…

Sec. 442.304. APPLYING FOR DESIGNATION. (a) Any person may submit an application to the commission to designate a cemetery under the program. (b) The applicant must include as part of the application information establishing: (1) the existence of the cemetery; and (2) that the ce…

Sec. 442.305. NOTICE OF APPLICATION. After the commission receives an application to designate a cemetery under the program, the commission shall notify the following persons of the application: (1) the owner of the property containing the cemetery; (2) each owner of property adj…

Sec. 442.306. APPLICATION REVIEW; DECISION. (a) The commission shall review each application it receives for designation of a cemetery under the program and determine whether the cemetery qualifies for designation under the program. (b) If the commission determines the cemetery q…

Sec. 442.307. APPLICATION FORM; FEE; MEDALLION. (a) The commission shall develop an application form and procedure for applying for a designation under the program. The commission shall post the application on the commission's Internet website. (b) The commission may charge an ap…

Sec. 442.308. RULES. The commission shall adopt rules as necessary to implement this subchapter. Added by Acts 2025, 89th Leg., R.S., Ch. 763 (S.B. 217), Sec. 2, eff. September 1, 2025. Subchapter H, consisting of Secs. 442.301 to 442.303, was added by Acts 2025, 89th Leg., R.S.,…