reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.198. Agreement With Mexico

Sec. 441.198.  AGREEMENT WITH MEXICO.  (a)  The commission may negotiate an agreement with the appropriate authorities in Mexico under which this state will trade or lend to Mexico the flags of the Toluca Battalion, the Guerrero Battalion, and the Matamoros Battalion captured at the Battle of San Jacinto and Mexico will trade or lend to this state the flag of the New Orleans Greys captured at the Battle of the Alamo.  An agreement under this section:
(1)  may not affect title to the flags;
(2)  may provide that this state will restore the San Jacinto flags to a suitable condition and Mexico will restore the Alamo flag to a suitable condition before the trade or loan of the flags as long as such conditioning does not alter the authenticity or integrity of the flags;  and
(3)  is not valid if it is not approved by the governor and by the appropriate authority for approval under the laws of Mexico.
(b)  The commission may use only gifts or grants to restore the San Jacinto battle flags to a suitable condition under an agreement to trade or lend the flags made under Subsection (a).
(c)  If an agreement to trade or lend the Alamo and San Jacinto battle flags made under Subsection (a) does not provide that Mexico will restore the Alamo battle flag to a suitable condition before the trade or loan of the flag, the commission may use only gifts or grants to restore the Alamo battle flag to a suitable condition after the trade or loan of the flags.
Added by Acts 1997, 75th Leg., ch. 873, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.199. Rulemaking Authority

Sec. 441.199.  RULEMAKING AUTHORITY.  In addition to other rulemaking authority granted in this subchapter, the commission may adopt other rules it determines necessary for cost reduction and efficiency of recordkeeping by state agencies and for the state's management and preservation of records.
Added by Acts 1997, 75th Leg., ch. 873, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.200. Audit

Sec. 441.200.  AUDIT.  The state auditor may report on a state agency's compliance with this subchapter and rules adopted under this subchapter.
Added by Acts 1997, 75th Leg., ch. 873, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.201. Records of Office of Governor

Sec. 441.201.  RECORDS OF OFFICE OF GOVERNOR.  In consultation with the commission, a governor may designate an institution of higher education or alternate archival institution in the state, in lieu of the Texas State Library and Archives, as the repository for the records of the executive office of the governor created or received during that governor's term of office.  Such alternative repository shall administer the records in accordance with normally accepted archival principles and practices and shall ensure that the records are available to the public.  The terms of any such alternative repository arrangement shall be recorded by the commission through a memorandum of understanding, deposit agreement, or other appropriate documentation.
Added by Acts 1997, 75th Leg., ch. 873, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.204. Records of Office of Lieutenant Governor

Sec. 441.204.  RECORDS OF OFFICE OF LIEUTENANT GOVERNOR.  (a)  Notwithstanding any other law, a lieutenant governor who vacates the office of lieutenant governor to complete the unexpired term of the governor as provided by Section 16(d), Article IV, Texas Constitution, may transfer the records of the office of the lieutenant governor created or received during that lieutenant governor's term of office to the office of the governor.
(b)  Records of the office of the lieutenant governor transferred under Subsection (a) must be maintained separate and distinct from records created or received from the office of the governor.
(c)  Records transferred under Subsection (a) must be listed separately and distinctly on the records retention schedule of the office of the governor required by Section 441.185.
Added by Acts 2001, 77th Leg., ch. 771, Sec. 1, eff. June 13, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter L. Preservation and Management of State Records and Other Historical Resources › Section 441.205. Online Access to Cultural Resources

Sec. 441.205.  ONLINE ACCESS TO CULTURAL RESOURCES.  The commission may:
(1)  encourage Texas institutions, including libraries, archives, museums, historical societies, and governmental entities, to develop ways to provide Internet access to digitized cultural resources; and
(2)  provide leadership in collaborative efforts among the institutions to achieve this goal.
Added by Acts 2007, 80th Leg., R.S., Ch. 251 (S.B. 913), Sec. 9, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter M. Texshare Library Consortium › Section 441.221. Definition

Sec. 441.221.  DEFINITION.  In this subchapter:
(1)  "Commission" means the Texas State Library and Archives Commission.
(2)  "Institution of higher education" includes:
(A)  an institution of higher education and a private or independent institution of higher education, as those terms are defined by Section 61.003, Education Code; and
(B)  a work college, as defined by 20 U.S.C. Section 1087-58.
(3)  "Nonprofit corporation" means a nonprofit corporation established under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) that provides extensive library services and collections in the fields of clinical medicine and the history of medicine.
(4)  "Public library" has the meaning assigned by Section 441.122.
Added by Acts 1997, 75th Leg., ch. 250, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 441.201 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(40), eff. Sept. 1, 1999.  Amended by Acts 1999, 76th Leg., ch. 91, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1350, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 498 (H.B. 4202), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter M. Texshare Library Consortium › Section 441.222. Creation of Consortium

Sec. 441.222.  CREATION OF CONSORTIUM.  The commission shall establish and maintain the TexShare consortium as a resource-sharing consortium operated as a program within the commission for libraries at institutions of higher education and for public libraries, libraries of nonprofit corporations, and other types of libraries.
Added by Acts 1997, 75th Leg., ch. 250, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 441.202 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(40), eff. Sept. 1, 1999.  Amended by Acts 1999, 76th Leg., ch. 91, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1350, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 18, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter M. Texshare Library Consortium › Section 441.223. Findings; Purpose and Methods

Sec. 441.223.  FINDINGS; PURPOSE AND METHODS.  The legislature finds that it is necessary to assist libraries across the state to promote the public good by achieving the following public purposes through the following methods:
(1)  to promote the future well-being of the citizenry, enhance quality teaching and research excellence at institutions of higher education through the efficient exchange of information and the sharing of library resources, improve educational resources in all communities, and expand the availability of information about clinical medical research and the history of medicine;
(2)  to maximize the effectiveness of library expenditures by enabling libraries to share staff expertise and to share library resources in print and in an electronic form, including books, journals, technical reports, and databases;
(3)  to increase the intellectual productivity of students and faculty at the participating institutions of higher education by emphasizing access to information rather than ownership of documents and other information sources;
(4)  to facilitate joint purchasing agreements for purchasing information services and encourage cooperative research and development of information technologies; and
(5)  to enhance the ability of public schools to further student achievement and lifelong learning.
Added by Acts 1997, 75th Leg., ch. 250, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 441.203 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(40), eff. Sept. 1, 1999.  Amended by Acts 1999, 76th Leg., ch. 91, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1350, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 721 (S.B. 483), Sec. 1, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 19, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter M. Texshare Library Consortium › Section 441.224. Membership; Fees

Sec. 441.224.  MEMBERSHIP; FEES.  (a)  Membership in the consortium is open to all institutions of higher education, all public libraries that are members of the state library system, and all libraries of nonprofit corporations.  The commission, by rule, may also admit other types of libraries as members or as affiliated members.
(b)  The director and librarian may establish categories of consortium services and assess different fees for different categories of consortium services.
Added by Acts 1997, 75th Leg., ch. 250, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 441.204 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(40), eff. Sept. 1, 1999.  Amended by Acts 1999, 76th Leg., ch. 91, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1350, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 721 (S.B. 483), Sec. 2, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 20, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter M. Texshare Library Consortium › Section 441.225. Administration; Rules

Sec. 441.225.  ADMINISTRATION;  RULES.  (a)  The director and librarian administers the consortium.  The director and librarian shall employ a staff that is sufficient in number, education, and experience to achieve the purposes of the consortium.
(b)  The commission may adopt rules to govern the operation of the consortium.
Added by Acts 1997, 75th Leg., ch. 250, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 441.205 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(40), eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter M. Texshare Library Consortium › Section 441.226. Advisory Board

Sec. 441.226.  ADVISORY BOARD.  (a)  The commission shall appoint an advisory board to advise the commission on matters relating to the consortium.  Composition of the board must be representative of the various types of libraries comprising the membership.  At least two members must be representatives of the general public.  Members of the advisory board must be qualified by training and experience to advise the commission on policy to be followed in applying this subchapter.  Chapter 2110 does not apply to the composition of the advisory board.
(b)  The commission shall adopt rules regarding the organization and structure of the advisory board.
(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 983, Sec. 26(13), eff. September 1, 2009.
(d)  A member of the advisory board serves without compensation but is entitled to reimbursement for actual and necessary expenses incurred in the performance of official duties, subject to any applicable limitation on reimbursement provided by the General Appropriations Act.
(e)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 983, Sec. 26(13), eff. September 1, 2009.
(f)  The advisory board may recommend to the commission that the consortium enter into cooperative projects with entities other than public libraries, institutions of higher education, or nonprofit corporations.
Added by Acts 1997, 75th Leg., ch. 250, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 441.206 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(40), eff. Sept. 1, 1999.  Amended by Acts 1999, 76th Leg., ch. 91, Sec. 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1350, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 21, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 26(13), eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter M. Texshare Library Consortium › Section 441.227. Role and Scope of Consortium

Sec. 441.227.  ROLE AND SCOPE OF CONSORTIUM.  The consortium shall engage in activities designed to facilitate library resource sharing.  These activities must include providing electronic networks, shared databases, and other infrastructure necessary to enable the libraries in the consortium to share resources, negotiating and executing statewide contracts for information products and services, coordinating library planning, research and development, and training library personnel.
Added by Acts 1997, 75th Leg., ch. 250, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 441.207 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(40), eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter M. Texshare Library Consortium › Section 441.228. Acceptance and Use of Gifts or Grants

Sec. 441.228.  ACCEPTANCE AND USE OF GIFTS OR GRANTS.  In addition to state appropriations, the commission may accept from any public or private source gifts or grants of money, property, or services, and spend or use the money, property, or services, under rules established by the commission and under applicable state laws.
Added by Acts 1997, 75th Leg., ch. 250, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 441.208 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(40), eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter M. Texshare Library Consortium › Section 441.229. Group Purchasing Agreements

Sec. 441.229.  GROUP PURCHASING AGREEMENTS.  (a)  For the purposes of administering this subchapter, the commission may enter into group purchasing agreements on behalf of the consortium under which materials or services may be obtained at discount rates by two or more libraries if the commission determines that the agreements offer the most cost-effective method of purchasing library materials or services for the consortium.
(b)  The commission may designate libraries that may participate in group purchasing agreements provided to the consortium.  The commission by rule shall establish criteria for the participation.
(c)  The commission may allow designated libraries to participate in a group purchasing agreement only to the extent that the commission may do so efficiently and in a manner that enhances resource sharing services to the consortium members.
Added by Acts 1997, 75th Leg., ch. 250, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 441.209 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(40), eff. Sept. 1, 1999.  Amended by Acts 1999, 76th Leg., ch. 91, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 721 (S.B. 483), Sec. 3, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 22, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter M. Texshare Library Consortium › Section 441.230. Grants to Membership Institutions

Sec. 441.230.  GRANTS TO MEMBERSHIP INSTITUTIONS.  To achieve the purposes of this subchapter, the commission may grant money to consortium members.  The commission shall ensure that the commission or institutions in the consortium receive benefits that are sufficient to constitute fair value in return for any grant made by the commission.  The commission shall require a recipient of a grant to report to the commission information relating to best practices and performance outcomes.
Added by Acts 1997, 75th Leg., ch. 250, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 441.210 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(40), eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 23, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter N. Texas Historical Records Advisory Board › Section 441.241. Definitions

Sec. 441.241.  DEFINITIONS.  In this subchapter:
(1)  "Board" means the Texas Historical Records Advisory Board.
(2)  "Commission" means the Texas State Library and Archives Commission.
(3)  "Director and librarian" means the executive and administrative officer of the commission.
(4)  "Historical records coordinator" means the presiding officer of the board.
(5)  "National commission" means the National Historical Publications and Records Commission.
Added by Acts 1997, 75th Leg., ch. 872, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 441.201 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(41), eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter N. Texas Historical Records Advisory Board › Section 441.242. Texas Historical Records Advisory Board

Sec. 441.242.  TEXAS HISTORICAL RECORDS ADVISORY BOARD.  (a)  The Texas Historical Records Advisory Board is established to serve as the central advisory body for historical records planning and projects funded by the national commission that are developed and implemented in this state.
(b)  The board shall:
(1)  seek funds from the national commission to sponsor and publish surveys of the conditions and needs of historical records in the state;
(2)  solicit and develop proposals for projects to be implemented in the state with funds provided by the national commission and other funding sources;
(3)  review proposals submitted by institutions in the state and make recommendations to the national commission;
(4)  work with the commission to develop, revise, and submit state priorities to the national commission for historical records projects following guidelines developed by the national commission;
(5)  review the operation and progress of records projects in the state;
(6)  foster and support cooperative networks and programs dealing with historical records in conjunction with the commission's goals;  and
(7)  develop and promote programs to raise public awareness of the value, condition, and needs of historical records.
Added by Acts 1997, 75th Leg., ch. 872, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 441.202 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(41), eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter N. Texas Historical Records Advisory Board › Section 441.243. Composition of the Board

Sec. 441.243.  COMPOSITION OF THE BOARD.  (a)  The board is composed of:
(1)  the state archivist, who shall be appointed as the historical records coordinator by the governor;
(2)  two public members, appointed by the governor;  and
(3)  six members, appointed by the director and librarian, who must have recognized experience in the administration of government records, historical records, or archives.
(b)  The historical records coordinator shall serve as presiding officer of the board.
Added by Acts 1997, 75th Leg., ch. 872, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 441.203 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(41), eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter N. Texas Historical Records Advisory Board › Section 441.244. Terms

Sec. 441.244.  TERMS.  (a)  The historical records coordinator serves a four-year term.
(b)  The two public members appointed by the governor serve staggered terms of three years with the terms of the members expiring on February 1 of different years.
(c)  The six members appointed by the director and librarian serve staggered terms of three years with the terms of one-third of the members expiring on February 1 of each year.
Added by Acts 1997, 75th Leg., ch. 872, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 441.204 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(41), eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter N. Texas Historical Records Advisory Board › Section 441.245. Compensation

Sec. 441.245.  COMPENSATION.  A member of the board is not entitled to compensation but is entitled to reimbursement from board funds for the travel expenses incurred by the member while conducting the business of the board, as provided in the General Appropriations Act.
Added by Acts 1997, 75th Leg., ch. 872, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 441.205 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(41), eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter N. Texas Historical Records Advisory Board › Section 441.246. Vacancy

Sec. 441.246.  VACANCY.  A vacancy on the board shall be filled in the same manner as the original appointment.
Added by Acts 1997, 75th Leg., ch. 872, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 441.206 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(41), eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter A. General Provisions › Section 442.001. Definitions

Sec. 442.001.  DEFINITIONS.  In this chapter:
(1)  "Historic courthouse" means a county courthouse that is at least 50 years old. The term includes a structure that:
(A)  previously functioned as the official county courthouse of the county in which it is located; and
(B)  is owned by a municipality.
(2)  "Historic courthouse project" means a project to preserve or restore a historic courthouse.
(3)  "Historic structure" means a structure that:
(A)  is included on the National Register of Historic Places;
(B)  is designated as a Recorded Texas Historic Landmark;
(C)  is designated as a State Archeological Landmark;
(D)  is determined by the Texas Historical Commission to qualify as eligible property under criteria for inclusion on the National Register of Historic Places or for designation as a Recorded Texas Historic Landmark or as a State Archeological Landmark;
(E)  is certified by the Texas Historical Commission to other state agencies as worthy of preservation;  or
(F)  is designated by an ordinance of a municipality with a population of more than 1.5 million as historic.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 1056, Sec. 2, eff. June 19, 1997;  Acts 1999, 76th Leg., ch. 403, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1100 (H.B. 3674), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter A. General Provisions › Section 442.0021. Commission Members: Training

Sec. 442.0021.  COMMISSION MEMBERS:  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing commission operations;
(2)  the programs, functions, rules, and budget of the commission;
(3)  the scope of and limitations on the rulemaking authority of the commission;
(4)  the results of the most recent formal audit of the commission;
(5)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B)  other laws applicable to members of the commission in performing their duties; and
(6)  any applicable ethics policies adopted by the commission or the Texas Ethics Commission.
(c)  A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director of the commission shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each member of the commission.  Each member of the commission shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Added by Acts 1995, 74th Leg., ch. 109, Sec. 2, eff. Aug. 30, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 2, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 178 (H.B. 1422), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter A. General Provisions › Section 442.0022. Commission Members: Conflict of Interest

Sec. 442.0022.  COMMISSION MEMBERS:  CONFLICT OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the commission and may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of archeology or historic preservation; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of archeology or historic preservation.
(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1159, Sec. 46, eff. June 15, 2007.
Added by Acts 1995, 74th Leg., ch. 109, Sec. 2, eff. Aug. 30, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 46, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter A. General Provisions › Section 442.0023. Commission Members: Grounds for Removal

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 the qualifications required by Sections 442.002(b) and (e);
(3)  violates a prohibition established by Sections 442.002(f) or 442.0022;
(4)  cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed;  or
(5)  is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the commission.
(b)  The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the commission of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest officer of the commission, who shall notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 1995, 74th Leg., ch. 109, Sec. 2, eff. Aug. 30, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter A. General Provisions › Section 442.003. Purpose of 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, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter A. General Provisions › Section 442.0051. Fees

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, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter A. General Provisions › Section 442.0052. Volunteer Services

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 entrance fees and facility use fees for historic sites under the commission's jurisdiction for a volunteer to assist in the accomplishment of the volunteer's service to the commission.
(d)  The executive director may expend funds appropriated to the commission from dedicated funding sources for:
(1)  the establishment of an insurance program to protect volunteers in the performance of volunteer service; and
(2)  recognition of the services of a volunteer or volunteer groups.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 5, eff. June 15, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter A. General Provisions › Section 442.0053. Eligibility Criteria for Inclusion of Real Property in State Historic Sites System

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 purchase or gift or in any other manner real property that satisfies the criteria adopted under Subsection (a).
(b-1)  Before adding real property to the historic sites system under this section, the commission shall develop a funding plan for the restoration, interpretation, development, long-term operation, and preservation of the real property to be added to the historic sites system.  The plan may provide for an endowment fund, or other sources of funding, as appropriate.  The commission may not add the real property to the historic sites system unless there are adequate financial resources available or assured for the restoration, interpretation, development, long-term operation, and preservation of the real property.
(c)  The commission may:
(1)  renovate or restore real property acquired under Subsection (b), including improvements to the property; or
(2)  construct new improvements on the real property as necessary and prudent.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 5, eff. June 15, 2007.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 510 (H.B. 2719), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter A. General Provisions › Section 442.0054. Disclosure of Personal Customer Information

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 be disclosed except as authorized under this section.
(b)  Chapter 552 does not apply to customer information described by Subsection (a).
(c)  The commission by rule shall adopt policies relating to:
(1)  the release of the customer information;
(2)  the use of the customer information by the commission; and
(3)  the sale of a mailing list consisting of the names and addresses of persons who purchase customer products, licenses, or services.
(d)  The commission shall include in its policies a method for a person by request to exclude information about the person from a mailing list sold by the commission.
(e)  The commission may disclose customer information to a federal or state law enforcement agency if the agency provides a lawfully issued subpoena.
(f)  The commission and its officers and employees are immune from civil liability for an unintentional violation of this section.
(g)  In this section, a reference to the commission includes a reference to an agent of the commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 3, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter A. General Provisions › Section 442.0055. Affiliated Nonprofit Organization; Rules; Guidelines

Sec. 442.0055.  AFFILIATED NONPROFIT ORGANIZATION; RULES; GUIDELINES.  (a)  The commission shall adopt rules governing the relationship between the commission and an affiliated nonprofit organization formed under Section 442.005(p), including rules that, at a minimum:
(1)  define the extent to which commission employees with regulatory responsibilities, including the executive director, may participate in activities that raise funds for an affiliated nonprofit organization, which may not include the direct solicitation of funds; and
(2)  define the relationship between commission employees and an affiliated nonprofit organization.
(b)  The commission shall establish guidelines for identifying and defining the administrative and financial support the commission may provide for an affiliated nonprofit organization formed under Section 442.005(p).
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter A. General Provisions › Section 442.0056. Acquisition of Historic Sites

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;
(2)  significantly associated with the lives of outstanding historic persons or with an important event that represents a great ideal or idea;
(3)  embodying the distinguishing characteristics of an architectural type that is inherently valuable for study of a period, style, or method of construction;
(4)  that contribute significantly to the understanding of aboriginal humans in the nation or state; or
(5)  that are of significant geologic interest relating to prehistoric animal or plant life.
(b)  The commission shall restore and maintain each historic site acquired under this section for the benefit of the general public.  The commission may enter into interagency contracts and contracts with other persons, including for-profit corporations, for this purpose.
(c)  The commission shall formulate plans for the preservation and development of historic sites.  Before formulating a plan for a specific site, the commission shall conduct an archeological survey of the site.  In formulating plans, the commission shall:
(1)  consider the results from the archeological survey for the site if the plan is for a specific site; and
(2)  consider the resources necessary to manage a site.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 4, eff. June 17, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 550 (S.B. 615), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter A. General Provisions › Section 442.0057. Solicitation, Receipt, and Transfer of Land

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 of the site is no longer in the best interest of the commission, the commission may transfer the title:
(1)  to another state commission, department, or institution requesting the site;
(2)  to the donor of the land if the donor requests the return of the site;
(3)  to the United States if it has undertaken the development of the site for public purposes;
(4)  to the grantor if the deed to the commission contains a reversion clause providing that title reverts to the grantor when the site is not used for the purposes for which it was acquired; or
(5)  to any legally authorized entity if the property is to be used for public purposes.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter A. General Provisions › Section 442.0058. Sale or Exchange of Land

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 executive director with the approval of the commission may execute a deed selling real property or an interest in real property under the jurisdiction of the commission if ownership of the real property is no longer in the best interest of the commission.
(b)  The commission shall receive a good and marketable title to all land exchanged under this section.
(c)  All land to be received in the exchange must be appraised, and if the land to be received is of greater value, as determined by an independent and competent appraisal, than the state land exchanged, the commission may use funds available for land acquisitions as a partial consideration for the exchange.
(d)  The receipts from the sale of land under this section shall be used for improving or acquiring other real property dedicated to the same purpose for which the land sold was dedicated.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter A. General Provisions › Section 442.0059. Employee Fund-Raising

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 the commission.  The rules must:
(1)  designate the types of employees who may solicit donations;
(2)  restrict where and how fund-raising may occur; and
(3)  establish requirements for reports by employees to the director.
(c)  The executive director shall approve and manage fund-raising activities by commission employees on behalf of the commission in accordance with commission rules.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter A. General Provisions › Section 442.0065. Guide to Historical Markers

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 listing of the historical markers along roadways with identifying numbers assigned to each marker by the department;  and
(2)  a summary of the information on each marker.
(c)  For each historical marker, the department shall erect and maintain, if practicable, signs informing users of the roadway of the marker and indicating the identifying number of the marker.  The department shall erect a sign under this subsection approximately one mile preceding the historical marker if that placement is practicable.
(d)  The department shall use information from the commission's Texas historical roadside marker restoration program and the state historical marker program under Section 442.006 in creating the guide to historical markers under Subsection (b).
(e)  The department shall make available to the public the guide published under Subsection (b) at a reasonable price determined by the department.  Revenue from sales of the guide shall be deposited to the credit of the state highway fund and is exempt from the application of Section 403.095.
(f)  The department shall work with the commission to ensure that there is no duplication between publications currently available through the commission or other sources.
Added by Acts 2001, 77th Leg., ch. 649, Sec. 1, eff. June 13, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter A. General Provisions › Section 442.007. State Archeological Program

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 testing and excavation;
(3)  maintenance of extensive field and laboratory data, including data on collections of antiquities;
(4)  consultation with state agencies and organizations and local groups concerning archeological and historical problems; and
(5)  publication of the results of the program through various sources, including a regular series of reports.
(c)  The commission may enter into contracts or cooperative agreements with the federal government, other state agencies, state or private museums or educational institutions, or qualified persons, including for-profit corporations, for prehistoric or historic archeological investigations, surveys, excavations, or restorations in this state.
(d)  The state archeologist has general jurisdiction and supervision over archeological work, reports, surveys, excavations, and archeological programs of the commission and of cooperating state agencies.
(e)  The duties of the state archeologist include:
(1)  maintaining an inventory of significant historic or prehistoric sites of archeological or historic interest;
(2)  providing public information and education in the fields of archeology and history;
(3)  conducting surveys and excavations with respect to significant archeological or historic sites in this state;
(4)  preparing reports and publications concerning the work of the office of the state archeologist;
(5)  doing cooperative and contract work in prehistoric and historic archeology with other state agencies, the federal government, state or private institutions, or individuals;
(6)  maintaining and determining the repository of catalogued collections of artifacts and other materials of archeological or historic interest; and
(7)  preserving the archeological and historical heritage of this state.
(f)  The state archeologist shall withhold from disclosure to the public information relating to the location or character of archeological or historic resources if the state archeologist determines that the disclosure of the information may create a substantial risk of harm, theft, or destruction to the resources or to the area or place where the resources are located.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 9.009, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 550 (S.B. 615), Sec. 3, eff. September 1, 2013.