reglab/statecodes huggingface dataset:
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 442.032. Naming of Certain Areas on Historic Sites

Sec. 442.032.  NAMING OF CERTAIN AREAS ON HISTORIC SITES.  The commission may name an area of a historic site, including a room or exhibition hall, in honor of a donor or other benefactor as the commission considers appropriate, provided the area does not have historical value. The commission shall adopt rules to implement this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 556 (H.B. 2332), Sec. 1, eff. September 1, 2015.
Redesignated from Government Code, Section 442.030 by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.001(14), eff. September 1, 2017.
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 442.033. State Highways 118 and 166 as Davis Mountains Scenic Loop Highway

Sec. 442.033.  STATE HIGHWAYS 118 AND 166 AS DAVIS MOUNTAINS SCENIC LOOP HIGHWAY.  (a)  The commission shall cooperate with the Texas Department of Transportation to designate, interpret, and market as the Davis Mountains Scenic Loop Highway and a Texas historic highway the route formed by:
(1)  State Highway 166; and
(2)  the portion of State Highway 118 between Fort Davis and its intersection with State Highway 166.
(b)  To supplement revenue available for the purposes under Subsection (a), the commission and the Texas Department of Transportation may pursue federal funds dedicated to highway enhancement.
(c)  A designation of the route described by Subsection (a) as the Davis Mountains Scenic Loop Highway and a Texas historic highway may not be construed as a designation under 54 U.S.C. Section 300101 et seq.
(d)  The Texas Department of Transportation is not required to design, construct, or erect a marker under this section unless a grant or donation of funds is made to the department to cover the cost of the design, construction, and erection of the marker.  Money received to cover the cost of the marker shall be deposited to the credit of the state highway fund.
Added by Acts 2021, 87th Leg., R.S., Ch. 85 (S.B. 633), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter B. National Museum of the Pacific War › Section 442.051. Museum Definition; Jurisdiction

Sec. 442.051.  MUSEUM DEFINITION; JURISDICTION.  (a)  In this subchapter, "museum" means the National Museum of the Pacific War.
(b)  The museum is under the jurisdiction of the commission.
Redesignated from Parks and Wildlife Code, Subchapter Q, Chapter 22 and amended by Acts 2005, 79th Leg., Ch. 1259 (H.B. 2025), Sec. 3, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter B. National Museum of the Pacific War › Section 442.052. Powers of Commission

Sec. 442.052. POWERS OF COMMISSION.  With respect to the museum and in addition to its other powers and duties, the commission:
(1)  shall foster and commemorate the memory of the era of supreme United States naval power upon the seas and the men and women of the armed services whose gallant and selfless dedication to duty made this era possible;
(2)  shall administer the museum at Fredericksburg;
(3)  shall act in any other capacity relative to preserving naval documents, relics, and other items of historical interest;
(4)  may employ and discharge a museum director and other employees it deems necessary to fulfill its duties and responsibilities within the limits of funds available;
(5)  may accept on behalf of the State of Texas donations of money, property, and historical relics related to the museum's theme; and
(6)  may acquire property and historical relics by purchase within the limits of funds available.
Redesignated from Parks and Wildlife Code, Subchapter Q, Chapter 22 and amended by Acts 2005, 79th Leg., Ch. 1259 (H.B. 2025), Sec. 3, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter B. National Museum of the Pacific War › Section 442.053. Revenue Bonds for Museum

Sec. 442.053.  REVENUE BONDS FOR MUSEUM.  (a)  The commission by resolution may request the Texas Public Finance Authority to issue revenue bonds or other revenue obligations to finance the repair, renovation, improvement, expansion, and equipping of the museum for one or more projects not to exceed an aggregated estimated cost of $9 million.
(b)  On receipt of a request by the commission under this section, the Texas Public Finance Authority shall promptly issue the bonds or other revenue obligations under and in accordance with Chapter 1232.
(c)  The commission shall deposit the proceeds of revenue bonds or other revenue obligations issued under this section in accordance with Chapter 1232 and may use the proceeds only to finance the repair, renovation, improvement, expansion, and equipping of the museum.
(d)  Notwithstanding any other law, the commission may contract with the Admiral Nimitz Foundation for the administration and operation of the museum, including any necessary renovation, improvement, or expansion of the museum.
(e)  The commission may accept contributions from the Admiral Nimitz Foundation and other sources in connection with the repair, renovation, improvement, expansion, equipping, or operation of the museum.
Redesignated from Parks and Wildlife Code, Subchapter Q, Chapter 22 and amended by Acts 2005, 79th Leg., Ch. 1259 (H.B. 2025), Sec. 3, eff. June 18, 2005.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 345 (H.B. 1492), Sec. 1, eff. June 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter B. National Museum of the Pacific War › Section 442.055. Grants; Donations

Sec. 442.055.  GRANTS; DONATIONS.  The commission may accept a grant or donation for any program or purpose of the museum.
Redesignated from Parks and Wildlife Code, Subchapter Q, Chapter 22 and amended by Acts 2005, 79th Leg., Ch. 1259 (H.B. 2025), Sec. 3, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter B. National Museum of the Pacific War › Section 442.056. National Museum of the Pacific War Museum Fund

Sec. 442.056.  NATIONAL MUSEUM OF THE PACIFIC WAR MUSEUM FUND.  (a)  In this section:
(1)  "Commission" means the Texas Historical Commission.
(2)  "Fund" means the National Museum of the Pacific War museum fund.
(b)  The National Museum of the Pacific War museum fund is created as a fund outside the state treasury.  The commission shall administer the fund but may contract with the Admiral Nimitz Foundation for administration of the fund.  The fund consists of:
(1)  admissions revenue from operation of the museum; and
(2)  donations made to the commission for the museum.
(c)  Money in the fund may be spent without appropriation and only to administer, operate, preserve, repair, expand, or otherwise maintain the museum.
(d)  Interest and income from the assets of the fund shall be credited to and deposited in the fund.
Added by Acts 2017, 85th Leg., R.S., Ch. 345 (H.B. 1492), Sec. 2, eff. June 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter B. -1. Star of the Republic Museum › Section 442.061. Definition

Sec. 442.061.  DEFINITION.  In this subchapter, "museum" means the Star of the Republic 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, 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 B. -1. Star of the Republic Museum › Section 442.062. Jurisdiction and Maintenance of Museum

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 2021, 87th Leg., R.S., Ch. 30 (H.B. 2660), Sec. 2, eff. May 15, 2021.
(c)  Any power or duty related to the museum formerly vested in any other state agency or entity is vested solely in the commission.
(d)  The commission shall, in coordination with an advisory committee appointed by the board of trustees of the Blinn College District, promote the educational and public awareness programs at the museum, the Washington-on-the-Brazos State Historic Site, and the Barrington Living History Farm.
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, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 30 (H.B. 2660), Sec. 1, eff. May 15, 2021.
Acts 2021, 87th Leg., R.S., Ch. 30 (H.B. 2660), Sec. 2, eff. May 15, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter B. -1. Star of the Republic Museum › Section 442.063. Grants; Donations

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, 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 B. -2. Iwo Jima Monument and Museum › Section 442.065. Definition

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.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter B. -2. Iwo Jima Monument and Museum › Section 442.066. Iwo Jima Monument and Museum; Fund

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)  The contract authorized by this section must include provisions for:
(1)  expanding, renovating, managing, maintaining, operating, or providing financial support for the monument and museum, including administration, construction and operation of a visitor center, and related activities;
(2)  preserving military documents, relics, and other items of historical interest;
(3)  employing a museum director and other employees the commission considers necessary to fulfill its duties and responsibilities under the contract;
(4)  accepting donations of money, property, and historical relics; and
(5)  acquiring property and historical relics with funds available for that purpose.
(c)  The Iwo Jima monument and museum fund is created as a fund outside the state treasury.  The commission shall administer the fund but may contract with the nonprofit entity that owns the monument and museum for administration of the fund.  The fund consists of:
(1)  admissions revenue from the operation of the monument and museum;
(2)  sales revenue from the operation of the monument and museum gift shop; and
(3)  donations made to the commission for the monument and museum.
(d)  Money in the Iwo Jima monument and museum fund may be spent without legislative appropriation and only to administer, operate, preserve, repair, expand, or otherwise maintain the monument and museum.
(e)  Interest and income from the assets of the Iwo Jima monument and museum fund shall be credited to and deposited in the fund.
Added by Acts 2023, 88th Leg., R.S., Ch. 166 (S.B. 2057), Sec. 1, eff. May 23, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter C. Commission Jurisdiction Over › Section 442.071. Definition

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. 1159 (H.B. 12), Sec. 11, eff. June 15, 2007.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 510 (H.B. 2719), Sec. 4, 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 C. Commission Jurisdiction Over › Section 442.072. Commission Jurisdiction; Agreements for Historic Sites

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)  Caddoan Mounds State Historic Site;
(3)  Casa Navarro State Historic Site;
(4)  Confederate Reunion Grounds State Historic Site;
(5)  Eisenhower Birthplace State Historic Site;
(6)  Fannin Battleground State Historic Site;
(7)  Fanthorp Inn State Historic Site;
(8)  Fort Griffin State Historic Site;
(9)  Fort Lancaster State Historic Site;
(10)  Fort McKavett State Historic Site;
(11)  Fulton Mansion State Historic Site;
(12)  Landmark Inn State Historic Site;
(13)  Levi Jordan State Historic Site;
(14)  Lipantitlan State Historic Site;
(15)  Magoffin Home State Historic Site;
(16)  Mission Dolores State Historic Site;
(17)  Monument Hill and Kreische Brewery State Historic Sites;
(18)  National Museum of the Pacific War;
(19)  Sabine Pass Battleground State Historic Site;
(20)  Sam Bell Maxey House State Historic Site;
(21)  Sam Rayburn House State Historic Site;
(22)  San Felipe State Historic Site;
(23)  Starr Family Home State Historic Site;
(24)  Varner-Hogg Plantation State Historic Site;
(25)  Washington-on-the-Brazos State Historic Site; and
(26)  the property known as the French Legation.
(b)   The commission may enter into an agreement with a nonprofit or for-profit corporation, foundation, association, or other nonprofit or for-profit entity for the expansion, renovation, management, operation, or financial support of a historic site.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 11, eff. June 15, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 550 (S.B. 615), Sec. 4, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 709 (H.B. 3810), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 178 (H.B. 1422), Sec. 4, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 510 (H.B. 2719), Sec. 5, 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 C. Commission Jurisdiction Over › Section 442.073. Historic Site Account

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;
(4)  fees and other revenue from operation of a historic site; and
(5)  grants and donations accepted under Section 442.074.
(c)  A fee or other revenue generated at a historic site must be credited to the account.
(d)  Except as provided by Subsection (e), money in the account may be used only to administer, operate, preserve, repair, expand, or otherwise maintain a historic site or to acquire a historical item appropriate to a historic site.
(e)  The commission may make an expenditure from the account for a historic site that is not described by Section 442.072(a).  The commission shall provide notice of an expenditure described by this subsection to the Legislative Budget Board not later than the 30th day after the date the commission makes the expenditure.  The Legislative Budget Board may establish the procedure by which the commission provides notice to the board under this subsection.
(f)  Money in the account may not be used to pay employee benefits or benefit-related costs.  Notwithstanding any other law, the account is exempt from any applicable employee benefits proportionality requirement.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 11, eff. June 15, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 178 (H.B. 1422), Sec. 5, eff. September 1, 2019.
Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. 503 (S.B. 26), Sec. 1, eff. January 1, 2020.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 56 (S.B. 1332), Sec. 3, 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 C. Commission Jurisdiction Over › Section 442.074. Grants; Donations

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., Ch. 1159 (H.B. 12), Sec. 11, 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 C. Commission Jurisdiction Over › Section 442.075. Transfer of Historic Sites From Parks and Wildlife

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 jurisdiction over a historic site is transferred under this section, all rights, powers, duties, obligations, functions, activities, property, and programs of the Parks and Wildlife Department relating to the site are transferred to the commission.
(d)  On or after the transfer of jurisdiction over a historic site, the commission may enter into an agreement with a nonprofit or for-profit corporation, including the Admiral Nimitz Foundation, for the expansion, renovation, management, operation, or financial support of the site.
(e)  The legislature may adjust the percentages allocated to the commission and the Parks and Wildlife Department under Section 151.801(c), Tax Code, in future appropriations to reflect the transfer of a site under this section and the associated savings or costs to each agency.
Added by Acts 2005, 79th Leg., Ch. 1259 (H.B. 2025), Sec. 2, eff. June 18, 2005.
Renumbered from Government Code, Section 442.019 and amended by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 12, eff. June 15, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 550 (S.B. 615), Sec. 5, 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 C. Commission Jurisdiction Over › Section 442.076. French Legation

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, and grounds of the French Legation.
(b)  Any power or duty related to the French Legation formerly vested in another state agency or entity is vested solely in the commission.
(c)  The commission may solicit and accept gifts, donations, and grants of money or property from any public or private source to be used for the purposes of this section.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Transferred, redesignated and amended from Government Code, Section 2165.257 by Acts 2017, 85th Leg., R.S., Ch. 709 (H.B. 3810), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter C. Commission Jurisdiction Over › Section 442.077. Agreement Relating to French Legation

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 by Acts 2017, 85th Leg., R.S., Ch. 709 (H.B. 3810), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter D. Operation of Historic Sites › Section 442.101. Authority to Contract

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 an agreement for:
(1)  professional services relating to a commission project, including project management, design, bid, and construction administration; and
(2)  construction, restoration, renovation, or preservation of any building, structure, or landscape.
(b)  The commission may contract with any appropriate entity, including a for-profit corporation, for services necessary to carry out its responsibilities regarding historic sites described by Subchapter C.
(c)  The commission by rule shall adopt policies and procedures consistent with Subchapter A, Chapter 2254, and other applicable state procurement practices for soliciting and awarding contracts under this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 5, eff. June 17, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 550 (S.B. 615), Sec. 6, 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 D. Operation of Historic Sites › Section 442.102. Construction of Roads by Texas Department of Transportation

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 section must be made in conformity with Chapter 771.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 5, 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 D. Operation of Historic Sites › Section 442.103. Lease of Lands and Improvements

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 lease, the leased area may not be referred to as a state facility and state funds may not be used to operate or maintain the property.
(b)  The conditions and duration of the lease agreement are determined by the agreement of the commission and the lessee.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 5, 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 D. Operation of Historic Sites › Section 442.104. Lease of Grazing Rights; Sale of Products

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 sell in place, any timber, hay, livestock, or other product grown on any historic site described by Subchapter C that the commission finds to be in excess of natural resource management, educational, or interpretive objectives.  Timber may be harvested only for forest pest management, salvage, or habitat restoration and consistent with good forestry practices and the advice of the Texas Forest Service.
(b)  The commission may agree to accept materials, supplies, or services instead of money as part or full payment for a sale or lease under this subchapter.  The commission may not assign to the materials, supplies, or services accepted as payment under this subsection a value that exceeds their actual market value.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 5, 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 D. Operation of Historic Sites › Section 442.105. Establishment of Fees; Revenue

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
(2)  may not set fees in amounts that permit the commission to maintain unnecessary fund balances.
(b)  The commission may sell any item in the possession of the commission in which the state has title, or acquire and resell items if a profit can be made, to provide funding for programs administered by the commission.
(c)  The commission may set and charge a fee for the use of a credit card to pay a fee imposed by the commission in an amount reasonable and necessary to reimburse the commission for the costs involved in the use of the card.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 5, 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 D. Operation of Historic Sites › Section 442.106. Concessions

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 staff concessions, including salaries, consumable supplies and materials, operating expenses, rental and other equipment, and other capital outlays.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 5, 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 D. Operation of Historic Sites › Section 442.107. Publications on Historic Sites

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 for publication of information concerning historic sites described by Subchapter C.
(c)  The commission may receive royalties on commission-owned materials that are sold or supplied to others by the commission for publication.
(d)  Money received under this section shall be deposited in the state treasury to the credit of the account from which expenses for the publication were paid.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 5, 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 D. Operation of Historic Sites › Section 442.108. Deposit of Receipts

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 rights on a historic site;
(3)  sale of products grown on a historic site;
(4)  fines received from violations of rules governing historic sites under Subchapter E; and
(5)  any other source.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 5, 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 D. Operation of Historic Sites › Section 442.109. Mistaken Deposit

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 money was deposited.  Refunds necessary to make the proper correction shall be appropriated by the General Appropriations Act.
(b)  The comptroller may require written evidence from the executive director of the commission to indicate the reason for the mistake of fact or law before issuing the refund warrant authorized by Subsection (a).
(c)  This section does not apply to any funds that have been deposited under a written contract.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 5, 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 D. Operation of Historic Sites › Section 442.110. Programs for the Development of Historic Sites and Structures

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 development of historic sites and structures described by Subchapter C.
(b)  The commission may contract with the United States to plan, acquire, and develop historic sites and structures described by Subchapter C in conformity with any federal act concerning the development of historic sites and structures.
(c)  The commission shall keep financial and other records relating to programs under this section and shall furnish to appropriate officials and agencies of the United States and of this state all reports and information reasonably necessary for the administration of the programs.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 5, 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 D. Operation of Historic Sites › Section 442.111. Financing of Historic Site Programs

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, grants, and gifts received by the commission for these purposes.
(b)  A donation, grant, or gift accruing to the state or received by the commission for the purpose of operating, maintaining, improving, or developing historic sites described by Subchapter C may not be used for any purpose other than the operation, maintenance, or developing of historic sites.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 5, 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 D. Operation of Historic Sites › Section 442.112. State Historic Site Retail Operations

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 commission goals.
(b)  To implement this section, the commission may:
(1)  employ necessary personnel;
(2)  establish procurement standards and procedures in collaboration with the comptroller and the Department of Information Resources to meet the business needs of the commission's retail operations; and
(3)  contract with a nonprofit corporation to assist with the commission's retail operations, accept money from the retail operations, and support state historic site operations and commission educational missions.
Added by Acts 2023, 88th Leg., R.S., Ch. 510 (H.B. 2719), Sec. 6, 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 D. Operation of Historic Sites › Section 442.113. Texas Historical Commission Retail Operations Fund

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 support for commission retail operations under Section 442.112.  The fund consists of revenue from commission retail operations and may not include appropriated money.
(b)  Interest and income from assets of the fund shall be credited to and deposited in the fund.
(c)  Money in the fund may be spent without appropriation and be used only to benefit state historic sites and to support the commission's retail operations, including to pay personnel salaries, acquire capital improvements, contract for necessary services, and purchase inventory, advertising, fixtures, computer software, and other goods necessary to support the retail operations.
Added by Acts 2023, 88th Leg., R.S., Ch. 510 (H.B. 2719), Sec. 6, 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 E. Rules Governing Historic Sites › Section 442.201. Authorization

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 Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 5, 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 E. Rules Governing Historic Sites › Section 442.202. Scope of Rules

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 camping, swimming, boating, fishing, or other recreational activities;
(4)  the possession of pets or animals;
(5)  the regulation of traffic and parking; and
(6)  conduct that endangers the health or safety of site visitors or their property.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 5, 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 E. Rules Governing Historic Sites › Section 442.203. Posting of Rules

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., R.S., Ch. 1245 (S.B. 1518), Sec. 5, 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 E. Rules Governing Historic Sites › Section 442.204. Removal From Site

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 period not to exceed 48 hours.
(b)  Before removal under this section, the person must be given notice of the provisions of this section and an opportunity to correct the conduct justifying removal.
(c)  A court of competent jurisdiction may enjoin a person from reentry to the historic site described by Subchapter C, on cause shown, for any period set by the court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 5, 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 E. Rules Governing Historic Sites › Section 442.205. Enforcement of Rules

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. 1518), Sec. 5, 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 E. Rules Governing Historic Sites › Section 442.206. Effect of Rules

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.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter E. Rules Governing Historic Sites › Section 442.207. Penalty

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.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter F. San Jacinto Battleground State Historic Site › Section 442.251. Jurisdiction

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. Sept. 1, 1975.
Transferred, redesignated, and amended from Parks and Wildlife Code, Section 22.011 by Acts 2019, 86th Leg., R.S., Ch. 178 (H.B. 1422), Sec. 7, 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 F. San Jacinto Battleground State Historic Site › Section 442.253. Executive Manager; Other Employees

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 operations of the San Jacinto Battleground State Historic Site on behalf of the commission and the San Jacinto Museum and Battlefield Association.  The executive manager's duties as they relate to the commission and the association must be specified in an agreement between the commission and the association.
(c)  The commission may hire employees the commission determines are necessary to fulfill the commission's duties and responsibilities related to the San Jacinto Battleground State Historic Site.  The employees report to the executive manager.
Added by Acts 2021, 87th Leg., R.S., Ch. 414 (S.B. 2008), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 442 - Texas Historical Commission › Subchapter G. Port Isabel Lighthouse State Historical Monument and Park › Section 442.271. Jurisdiction

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.
Transferred, redesignated, and amended from Parks and Wildlife Code, Section 22.102 by Acts 2019, 86th Leg., R.S., Ch. 178 (H.B. 1422), Sec. 8, 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 G. Port Isabel Lighthouse State Historical Monument and Park › Section 442.272. Powers of Commission

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.
Transferred, redesignated, and amended from Parks and Wildlife Code, Section 22.102 by Acts 2019, 86th Leg., R.S., Ch. 178 (H.B. 1422), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 443 - State Preservation Board › Section 443.001. Board

Sec. 443.001.  BOARD.  The State Preservation Board is an agency of the state.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 443 - State Preservation Board › Section 443.002. Sunset Provision

Sec. 443.002.  SUNSET PROVISION.  The State Preservation Board is subject to Chapter 325 (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2029.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 2.14, eff. Nov. 12, 1991;  Acts 1995, 74th Leg., ch. 848, Sec. 1, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1367, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1227 (H.B. 1116), Sec. 3.04, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 928 (H.B. 3249), Sec. 4.01, eff. June 15, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 401 (S.B. 201), Sec. 1, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 1120 (H.B. 1620), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 443 - State Preservation Board › Section 443.003. Membership

Sec. 443.003.  MEMBERSHIP.  (a)  The board consists of the governor, lieutenant governor, speaker of the house of representatives, one senator appointed by the lieutenant governor, one representative appointed by the speaker of the house of representatives, and one member appointed by the governor.  The board member appointed by the governor must be a representative of the general public.  A person is not eligible for appointment as the public member of the board if the person or the person's spouse:
(1)  is employed by or participates in the management of a business entity or other organization receiving funds from the board;
(2)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity receiving funds from the board;  or
(3)  uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
(b)  The senator and representative appointed to the board serve two-year terms expiring on the date that the regular session of the legislature convenes.  The governor's appointee serves a two-year term expiring February 1 of each odd-numbered year.
(c)  The board functions performed by the governor, lieutenant governor, speaker of the house of representatives, and appointed senator and representative are additional functions of their other public offices.
(d)  The governor's appointee is entitled to a per diem as set by the General Appropriations Act for each day the person engages in board business.
(e)  The governor, lieutenant governor, and speaker, as a member of the board, may designate a representative to act, including the ability to vote, on behalf of the member during a board meeting.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 900, Sec. 1, eff. Aug. 28, 1989;  Acts 1995, 74th Leg., ch. 848, Sec. 2, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1367, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 149, Sec. 16, eff. May 21, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 401 (S.B. 201), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 443 - State Preservation Board › Section 443.0031. Lobbying Prohibition

Sec. 443.0031.  LOBBYING PROHIBITION.  A person may not serve as the public member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the board.
Added by Acts 1995, 74th Leg., ch. 848, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 443 - State Preservation Board › Section 443.0032. Antidiscrimination Policy for Appointments to Board

Sec. 443.0032.  ANTIDISCRIMINATION POLICY FOR APPOINTMENTS TO BOARD.  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Added by Acts 1995, 74th Leg., ch. 848, Sec. 3, eff. Sept. 1, 1995.