Title GV, Government Code

Sec. 442.062. JURISDICTION AND MAINTENANCE OF MUSEUM. (a) The museum and its contents, artifacts, structure, and land are under the jurisdiction of the commission. The commission is responsible for the preservation, maintenance, and operation of the museum. (b) Repealed by Acts 2…

Sec. 442.063. GRANTS; DONATIONS. The commission may accept a grant or donation for any program or purpose of the museum. Added by Acts 2019, 86th Leg., R.S., Ch. 693 (S.B. 2309), Sec. 1, eff. September 1, 2019. Added by Acts 2019, 86th Leg., R.S., Ch. 1248 (H.B. 2913), Sec. 2.001…

Sec. 442.065. DEFINITION. In this subchapter, "monument and museum" means the Iwo Jima monument and museum at the Marine Military Academy in Harlingen, Texas. Added by Acts 2023, 88th Leg., R.S., Ch. 166 (S.B. 2057), Sec. 1, eff. May 23, 2023.

Sec. 442.066. IWO JIMA MONUMENT AND MUSEUM; FUND. (a) To the extent authorized by law, the commission may enter into a contract with the nonprofit entity that owns the monument and museum to transfer to the commission the operation and management of the monument and museum. (b) T…

Sec. 442.068. DEFINITIONS. In this subchapter: (1) "Commission" means the Texas Historical Commission. (2) "First capitol site" means the first capitol state historic site located in West Columbia, Texas. (3) "Replica" means the replica of the first Republic of Texas house of rep…

Sec. 442.0681. JURISDICTION AND MAINTENANCE OF FIRST CAPITOL SITE AND REPLICA. (a) The first capitol site and replica are under the jurisdiction of the commission. The commission is responsible for the preservation, maintenance, and operation of the site and replica. (b) The comm…

Sec. 442.0682. GRANTS; DONATIONS. The commission may accept a grant or donation for any program or purpose of the first capitol site and replica. Added by Acts 2025, 89th Leg., R.S., Ch. 31 (S.B. 1426), Sec. 1, eff. September 1, 2025. SUBCHAPTER C. COMMISSION JURISDICTION OVER HI…

Sec. 442.071. DEFINITION. In this subchapter, "historic site" means: (1) a site listed under Section 442.072; or (2) real property significant to the history of this state that the commission administers or acquires for use by the public. Added by Acts 2007, 80th Leg., R.S., Ch. …

Sec. 442.072. COMMISSION JURISDICTION; AGREEMENTS FOR HISTORIC SITES. (a) The following historic sites in this state are under the commission's jurisdiction: (1) Acton State Historic Site; (2) Barrington Living History Farm State Historic Site; (3) Bush Family Home State Historic…

Sec. 442.073. HISTORIC SITE ACCOUNT. (a) The historic site account is a dedicated account in the general revenue fund. (b) The account consists of: (1) credits made to the account under Section 151.801, Tax Code; (2) transfers to the account; (3) interest earned on the account; (…

Sec. 442.074. GRANTS; DONATIONS. (a) The commission may seek and accept grants and donations for a historic site from any appropriate source. (b) Money accepted under this section shall be deposited to the credit of the historic site account. Added by Acts 2007, 80th Leg., R.S., …

Sec. 442.075. TRANSFER OF HISTORIC SITES FROM PARKS AND WILDLIFE. (a) Section 442.071 does not apply to this section. (b) By interagency agreement, a historic site under the jurisdiction of the Parks and Wildlife Department may be transferred to the commission. (c) If jurisdictio…

Sec. 442.076. FRENCH LEGATION. (a) The commission is responsible for: (1) the preservation, maintenance, and restoration of the property known as the French Legation and its contents; and (2) the protection of the historical and architectural integrity of the exterior, interior, …

Sec. 442.077. AGREEMENT RELATING TO FRENCH LEGATION. The commission may enter into an agreement with the Daughters of the Republic of Texas regarding the management, staffing, parking facilities, operation, and financial support of the property known as the French Legation. Added…

Sec. 442.101. AUTHORITY TO CONTRACT. (a) For the purpose of carrying out the powers, duties, and responsibilities of the commission related to historic sites described by Subchapter C, the executive director or the executive director's designee may negotiate, contract, or enter a…

Sec. 442.102. CONSTRUCTION OF ROADS BY TEXAS DEPARTMENT OF TRANSPORTATION. (a) The commission may contract with the Texas Transportation Commission for the construction and paving of roads in and adjacent to historic sites described by Subchapter C. (b) Agreements under this sect…

Sec. 442.103. LEASE OF LANDS AND IMPROVEMENTS. (a) The commission may lease any land or improvement that is part of a historic site described by Subchapter C to a municipality, county, special district, nonprofit organization, or political subdivision. After the execution of the …

Sec. 442.104. LEASE OF GRAZING RIGHTS; SALE OF PRODUCTS. (a) The commission may lease grazing rights on any historic site described by Subchapter C and may lease from other parties grazing rights necessary for proper livestock management. The commission may harvest and sell, or s…

Sec. 442.105. ESTABLISHMENT OF FEES; REVENUE. (a) In setting the amounts of the fees for entering, reserving, or using a historic site described by Subchapter C, the commission: (1) shall establish reasonable and necessary fees for the administration of commission programs; and (…

Sec. 442.106. CONCESSIONS. The commission may operate or grant contracts to operate concessions on the grounds of historic sites described by Subchapter C. The commission may make rules governing the granting or operating of concessions. The commission may establish and operate s…

Sec. 442.107. PUBLICATIONS ON HISTORIC SITES. (a) The commission may provide or sell information about historic sites described by Subchapter C to the public, including books, magazines, photographs, prints, and bulletins. (b) The commission may enter into contractual agreements …

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…