Title GV, Government Code

Sec. 442.0023. COMMISSION MEMBERS: GROUNDS FOR REMOVAL. (a) It is a ground for removal from the commission if a member: (1) does not have at the time of appointment the qualifications required by Sections 442.002(b) and (e); (2) does not maintain during service on the commission …

Sec. 442.003. PURPOSE OF COMMISSION. The commission shall provide leadership and coordinate services in the field of archeological and historic preservation. Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 109, Sec. 3, eff. Aug. 30,…

Sec. 442.004. PERSONNEL. (a) The commission shall employ an executive director. (b) A person employed as executive director must: (1) be a citizen of this state; (2) have ability in organization, administration, and coordination of organizational work; and (3) have particular qua…

Sec. 442.0045. DELEGATION OF CERTAIN POWERS AND DUTIES. (a) Except as provided by Subsection (b), the commission by order or rule may delegate to the executive director the authority to perform the duties or exercise the powers of the commission under this chapter or other law, i…

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…

Sec. 442.005. GENERAL POWERS AND DUTIES OF COMMISSION. (a) The commission shall furnish leadership, coordination, and services to county historical commissions, historical societies, and the organizations, agencies, institutions, museums, and individuals of this state interested …

Sec. 442.0051. FEES. The commission by rule may establish reasonable fees for commission purposes under this chapter, including an admission fee appropriate to a historic site under its jurisdiction. Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 5, eff. June 15, 2…

Sec. 442.0052. VOLUNTEER SERVICES. (a) Except as provided by Subsection (b), the commission may use the services of volunteers to help carry out the duties and responsibilities of the commission. (b) A volunteer may not enforce this code. (c) The executive director may waive entr…

Sec. 442.0053. ELIGIBILITY CRITERIA FOR INCLUSION OF REAL PROPERTY IN STATE HISTORIC SITES SYSTEM. (a) The commission by rule shall adopt criteria for determining the eligibility of real property for inclusion in the historic sites system. (b) The commission may acquire by purcha…

Sec. 442.0054. DISCLOSURE OF PERSONAL CUSTOMER INFORMATION. (a) The name and address and a telephone, social security, driver's license, bank account, credit card, or charge card number of a person who purchases customer products, licenses, or services from the commission may not…

Sec. 442.0056. ACQUISITION OF HISTORIC SITES. (a) The commission may acquire by purchase, gift, or other manner historic sites: (1) where events occurred that represent an important aspect of the cultural, political, economic, military, or social history of the nation or state; (…

Sec. 442.0057. SOLICITATION, RECEIPT, AND TRANSFER OF LAND. (a) The commission may solicit and receive donations of land for public purposes and may refuse donations of land not acceptable for public purposes. (b) If title to a site has vested in the commission and if ownership o…

Sec. 442.0058. SALE OR EXCHANGE OF LAND. (a) The executive director with the approval of the commission may execute a deed exchanging real property or an interest in real property either as all or partial consideration for other real property or interest in real property. The exe…

Sec. 442.0059. EMPLOYEE FUND-RAISING. (a) This section applies only to the solicitation or receipt of a gift, including money, that has a value of $500 or more. (b) The commission by rule shall adopt policies to govern fund-raising activities by commission employees on behalf of …

Sec. 442.006. STATE HISTORICAL MARKER PROGRAM. (a) The commission shall give direction and coordination to the state historical marker program. (b) The commission shall: (1) develop statewide themes for the program related to the commission's preservation goals for the state; (2)…

Sec. 442.0061. STATE HISTORICAL MARKER PROGRAM TO HONOR AFRICAN AMERICAN LEGISLATORS. (a) The commission shall establish and administer a state historical marker program to honor African Americans who served in the Texas Legislature between 1870 and 1875, during the 12th, 13th, o…

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 mo…

Sec. 442.0065. GUIDE TO HISTORICAL MARKERS. (a) In this section, "department" means the Texas Department of Transportation. (b) The department, in consultation with the commission, shall publish a guide to historical markers along roadways in this state that includes: (1) a listi…

Sec. 442.007. STATE ARCHEOLOGICAL PROGRAM. (a) The commission, through the state archeologist, shall direct the state archeological program. (b) The program must include: (1) a continuing inventory of nonrenewable archeological resources; (2) evaluation of known sites through tes…

Sec. 442.0071. DUTIES REGARDING GOVERNOR'S MANSION. (a) The commission shall approve construction plans and monitor the work on the Governor's Mansion to ensure compliance with Chapter 191, Natural Resources Code, to ensure the historical and architectural integrity of the mansio…

Sec. 442.0072. PRESERVATION AND MAINTENANCE OF GETHSEMANE CHURCH AND CARRINGTON-COVERT HOUSE. (a) In this section: (1) The Gethsemane Church includes the adjoining grounds of the church. (2) The Carrington-Covert House includes the adjoining grounds of the house. (b) The State of…

Sec. 442.0073. PRESERVATION AND MAINTENANCE OF CERTAIN STATE BUILDINGS. (a) The commission shall preserve, maintain, and restore Luther Hall, the Elrose Building, and the Christianson-Leberman Building, their contents, and their grounds. (b) For purposes of this section, Luther H…

Sec. 442.0074. PRESERVATION, MAINTENANCE, AND IMPROVEMENT OF REPUBLIC OF TEXAS GRANITE BOUNDARY MARKER. (a) In this section, "boundary marker" means the granite marker designating the former international boundary between the Republic of Texas and the United States, originally pl…

Sec. 442.008. COUNTY COURTHOUSES. (a) A county may not demolish, sell, lease, or damage the historical or architectural integrity of any building that serves or has served as a county courthouse without notifying the commission of the intended action at least six months before th…

Sec. 442.0081. HISTORIC COURTHOUSE PRESERVATION AND MAINTENANCE PROGRAMS; GRANTS AND LOANS. (a) The commission shall administer a historic courthouse preservation program. (b) A county or municipality that owns a historic courthouse may apply to the commission for a grant or loan…

Sec. 442.0082. HISTORIC COURTHOUSE PROJECT; REQUIREMENTS. (a) Before incurring any expenses payable from funds received from the commission under the historic courthouse preservation program, a county or municipality must have a master preservation plan for its historic courthous…

Sec. 442.0083. FUNDING FOR HISTORIC COURTHOUSE PRESERVATION PROGRAM; HISTORIC COURTHOUSE PRESERVATION FUND ACCOUNT. (a) The historic courthouse preservation fund account is a separate account in the general revenue fund. The account consists of transfers made to the account, paym…

Sec. 442.0084. EQUITABLE REPRESENTATION IN MONUMENTS. (a) In this section, "monument" has the meaning assigned by Section 443.015, as added by Chapter 1141, Acts of the 75th Legislature, Regular Session, 1997. (b) To ensure that the diverse history of Texas is accurately represen…

Sec. 442.0085. STATE REGISTER OF HISTORIC PLACES. (a) The commission shall develop and maintain a state register of historic places using existing statutory classifications of those places, including Recorded Texas Historic Landmarks, National Register listings, subject markers, …

Sec. 442.0086. MILITARY SITES PROGRAM. (a) The commission shall identify sites in and outside this state that are historically significant to this state because of: (1) military action or service at the sites; or (2) other significant events of a military nature at the sites that…

Sec. 442.0087. FORT BLISS MUSEUM AND STUDY CENTER. (a) The commission may assist Fort Bliss Military Reservation in El Paso in the establishment and operation at Fort Bliss of a museum and study center devoted to the history of the United States air defense system. (b) To accompl…

Sec. 442.0088. TEXAS HERITAGE TRAILS PROGRAM. (a) The Texas Historical Commission may establish and administer the Texas Heritage Trails Program to promote tourism to heritage and cultural attractions in this state. (b) The commission may contract with one or more nonprofit organ…

Sec. 442.009. CONSUMER INFORMATION AND COMPLAINTS. (a) The commission shall maintain a system to promptly and efficiently act on complaints filed with the commission. The commission shall maintain information about parties to the complaint, the subject matter of the complaint, a …

Sec. 442.0095. PROGRAM AND FACILITY ACCESSIBILITY. The commission shall comply with federal and state laws related to program and facility accessibility. The executive director shall also prepare and maintain a written plan that describes how a person who does not speak English c…

Sec. 442.010. AUDITS. (a) The financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321. (b) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(42), eff. June 17, 2011. Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept…

Sec. 442.011. PENALTY. A person who violates this chapter or Chapter 191, Natural Resources Code, is subject to a civil penalty of not less than $50 nor more than $1,000 for each day of violation. Each day a violation continues may be considered a separate violation. If the party…

Sec. 442.012. LAWSUITS. (a) The attorney general or any resident of this state may file suit in district court to restrain and enjoin a violation or threatened violation of this chapter or Chapter 191, Natural Resources Code, to recover on behalf of the state a civil penalty prov…

Sec. 442.013. NO EFFECT ON OTHER ORGANIZATIONS AND ACTIVITIES. It is not the purpose of this chapter to duplicate or replace existing historical heritage organizations and activities, but to give leadership, coordination, and service as needed and desired. Acts 1987, 70th Leg., c…

Sec. 442.014. MAIN STREET PROGRAM. (a) The commission shall administer a main street program to assist communities with the development, restoration, and preservation of their historic neighborhood commercial districts and central business districts. (b) The commission shall desi…

Sec. 442.0145. TEXAS HISTORICAL ARTIFACTS PROGRAM; FUND. (a) The commission shall administer a program to assist municipalities, counties, museums, and county historical commissions with: (1) the development or improvement of museum facilities used to display historical artifacts…

Sec. 442.015. TEXAS PRESERVATION TRUST FUND ACCOUNT. (a) Notwithstanding Section 403.095, the Texas preservation trust fund account is a separate account in the general revenue fund. The account consists of transfers made to the account, loan repayments, grants and donations made…

Sec. 442.0151. HISTORIC INFRASTRUCTURE SUSTAINABILITY TRUST FUND. (a) In this section, "trust company" means the Texas Treasury Safekeeping Trust Company. (b) The historic infrastructure sustainability trust fund is created as a trust fund outside the treasury held by the trust c…

Sec. 442.0155. FUNDS SUBJECT TO STATE FUNDS REFORM ACT. All money paid to the commission under this chapter is subject to Subchapter F, Chapter 404. Added by Acts 1995, 74th Leg., ch. 109, Sec. 12, eff. Aug. 30, 1995.

Sec. 442.016. LIABILITY FOR ADVERSELY AFFECTING HISTORIC STRUCTURE OR PROPERTY. (a) In this section, "historic structure or property" means a historic structure or a structure or property that is designated as historic by a political subdivision of the state, the state, or the fe…

Sec. 442.017. IDENTIFICATION AND PRESERVATION OF ABANDONED CEMETERIES. (a) The commission should establish a program to identify and preserve abandoned cemeteries across the state. (b) The commission is encouraged to use volunteers to the maximum extent possible to implement the …

Sec. 442.018. IDENTIFICATION AND PRESERVATION OF TEXAS UNDERGROUND RAILROAD HISTORICAL SITES. (a) The commission should establish a program to identify and preserve Texas Underground Railroad Historical Sites. (b) The commission is encouraged to use volunteers to the maximum exte…