Texas Government Code Title 4, Chapter 442 - Texas Historical Commission

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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...
• Texas Section 442.002 - Commission; Members; Sunset Act
  (a) The Texas Historical Commission is an agency of the state. (b) The commission is composed of nine members appointed by the governor with the...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 442.004 - Personnel
  (a) The commission shall employ an executive director. (b) A person employed as executive director must: (1) be a citizen of this state; (2) have...
• Texas Section 442.005 - General Powers And Duties Of Commission
  (a) The commission shall furnish leadership, coordination, and services to county historical commissions, historical societies, and the organizations, agencies, institutions, museums, and individuals of this...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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 donated to the commission for inclusion in the historic sites...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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)...
• Texas Section 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...
• Texas Section 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...
• Texas Section 442.006 - State Historical Marker Program
  (a) The commission shall give direction and coordination to the state historical marker program. (b) The commission shall: (1) develop statewide themes for the program...
• Texas Section 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...
• Texas Section 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...
• Texas Section 442.0071 - Duties Regarding Governor's Mansion
  (a) The commission shall approve construction plans and monitor the work on the Governor's Mansion to ensure compliance with Chapter 191, Natural Resources Code, to...
• Texas Section 442.0072 - Preservation And Maintenance Of Gethsemane Church And Carrington-covert House
  (a) In this section: (1) The Gethsemane Church includes the adjoining grounds of the church. (2) The Carrington-Covert House includes the adjoining grounds of the...
• Texas Section 442.0073 - Preservation And Maintenance Of Certain State Buildings
  (a) The commission shall preserve, maintain, and restore Luther Hall, the Elrose Building, and the Christianson-Leberman Building, their contents, and their grounds. (b) For purposes...
• Texas Section 442.008 - County Courthouses
  (a) A county may not demolish, sell, lease, or damage the historical or architectural integrity of any building that serves or has served as a...
• Texas Section 442.0081 - Historic Courthouse Preservation And Maintenance Programs; Grants And Loans
  (a) The commission shall administer a historic courthouse preservation program. (b) A county or municipality that owns a historic courthouse may apply to the commission...
• Texas Section 442.0082 - Historic Courthouse Project; Requirements
  (a) Before incurring any expenses payable from funds received from the commission under the historic courthouse preservation program, a county or municipality must have a...
• Texas Section 442.0083 - Funding For Historic Courthouse Preservation Program; Historic Courthouse Preservation Fund Account
  (a) The historic courthouse preservation fund account is a separate account in the general revenue fund. The account consists of transfers made to the account,...
• Texas Section 442.0084 - Equitable Representation In Monuments
  (a) In this section, "monument" has the meaning assigned by Section 443.015, as added by Chapter 1141, Acts of the 75th Legislature, Regular Session, 1997....
• Texas Section 442.0085 - State Register Of Historic Places
  (a) The commission shall develop and maintain a state register of historic places using existing statutory classifications of those places, including Recorded Texas Historic Landmarks,...
• Texas Section 442.0086 - Military Sites Program
  (a) The commission shall identify sites in and outside this state that are historically significant to this state because of: (1) military action or service...
• Texas Section 442.0087 - Fort Bliss Museum And Study Center
  (a) The commission may assist Fort Bliss Military Reservation in El Paso in the establishment and operation at Fort Bliss of a museum and study...
• Texas Section 442.009 - Consumer Information And Complaints
  (a) The commission shall maintain a system to promptly and efficiently act on complaints filed with the commission. The commission shall maintain information about parties...
• Texas Section 442.0095 - Program And Facility Accessibility
  The commission shall comply with federal and state laws related to program and facility accessibility. The executive director shall also prepare and maintain a written...
• Texas Section 442.010 - Audits
  (a) The financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321. (b) Repealed by Acts 2011,...
• Texas Section 442.011 - Penalty
  A person who violates this chapter or Chapter 191, Natural Resources Code, is subject to a civil penalty of not less than $50 nor more...
• Texas Section 442.012 - Lawsuits
  (a) The attorney general or any resident of this state may file suit in district court to restrain and enjoin a violation or threatened violation...
• Texas Section 442.013 - No Effect On Other Organizations And Activities
  It is not the purpose of this chapter to duplicate or replace existing historical heritage organizations and activities, but to give leadership, coordination, and service...
• Texas Section 442.014 - Main Street Program
  (a) The commission shall administer a main street program to assist municipalities with the development, restoration, and preservation of their central business districts. (b) Each...
• Texas Section 442.0145 - Texas Historical Artifacts Program; Fund
  (a) The commission shall administer a program to assist municipalities, counties, museums, and county historical commissions with: (1) the development or improvement of museum facilities...
• Texas Section 442.015 - Texas Preservation Trust Fund Account
  (a) Notwithstanding Section 403.095, the Texas preservation trust fund account is a separate account in the general revenue fund. The account consists of transfers made...
• Texas Section 442.0155 - Funds Subject To State Funds Reform Act
  All money paid to the commission under this chapter is subject to Subchapter F, Chapter 404. Added by Acts 1995, 74th Leg., ch. 109, Sec....
• Texas Section 442.016 - Liability For Adversely Affecting Historic Structure Or Property
  (a) In this section, "historic structure or property" means a historic structure or a structure or property that is designated as historic by a political...
• Texas Section 442.017 - Identification And Preservation Of Abandoned Cemeteries
  (a) The commission should establish a program to identify and preserve abandoned cemeteries across the state. (b) The commission is encouraged to use volunteers to...
• Texas Section 442.018 - Identification And Preservation Of Texas Underground Railroad Historical Sites
  (a) The commission should establish a program to identify and preserve Texas Underground Railroad Historical Sites. (b) The commission is encouraged to use volunteers to...
• Texas Section 442.020 - Texas Treasure Awards
  (a) The commission shall create the Texas Treasure Award program to honor businesses that have existed in this state providing employment and supporting the Texas...
• Texas Section 442.021 - El Camino Real De Los Tejas National Historic Trail
  (a) In cooperation with the National Park Service, the commission shall administer and coordinate the efforts of state and local public and private entities in...
• Texas Section 442.022 - Use Of Technology
  The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions. The policy...
• Texas Section 442.023 - Negotiated Rulemaking And Alternative Dispute Procedures
  (a) The commission shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008 for the adoption of...
• Texas Section 442.024 - Scenic Loop Road--boerne Stage Road--toutant Beauregard Road Historic Corridor
  (a) The commission shall designate as a historic corridor the corridor that follows part of the Old Spanish Trail automobile highway in Bexar County and...
• Texas Section 442.025 - Texas Historic Roads And Highways Program
  (a) The commission shall cooperate with the Texas Department of Transportation to establish a program for the identification, designation, interpretation, and marketing of Texas historic...
• Texas Section 442.026 - Bankhead Highway As Texas Historic Highway
  (a) The commission shall cooperate with the Texas Department of Transportation to identify, designate, interpret, and market the Bankhead Highway as a Texas historic highway,...
• Texas Section 442.027 - State Highway 20 As Texas Historic Highway
  (a) The commission shall cooperate with the Texas Department of Transportation to designate, interpret, and market State Highway 20 as a Texas historic highway. (b)...
• Texas Section 442.028 - U
  Sec. 442.028. U.S. HIGHWAY 80 AS TEXAS HISTORIC HIGHWAY. (a) The commission shall cooperate with the Texas Department of Transportation to designate, interpret, and market...
• Texas Section 442.029 - Hispanic Heritage Center Of Texas
  The commission may: (1) assist the Hispanic Heritage Center of Texas in establishing a facility to educate Texans regarding the contributions and historical significance of...
• Texas Section 442.030 - Route 66 Historic Corridor
  (a) The commission shall identify relevant segments of former U.S. Highway 66 located in this state that are still in use and designate those segments...
• Texas Section 442.030 - Don Juan De Onate Trail As Texas Historic Highway
  (a) The commission shall cooperate with the Texas Department of Transportation to designate, interpret, and market Westside Drive in El Paso County as the Don...

SUBCHAPTER B NATIONAL MUSEUM OF THE PACIFIC WAR

• Texas Section 442.030 - 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 442.054 - National Museum Of The Pacific War Account
  (a) The National Museum of the Pacific War account is a separate account in the general revenue fund. (b) The account consists of: (1) transfers...

SUBCHAPTER C CERTAIN HISTORIC SITES

• Texas Section 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...
• Texas Section 442.071 - Definition
  In this subchapter, "historic site" means a site or park listed under Section 442.072. Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12),...
• Texas Section 442.072 - Jurisdiction
  (a) The following historic sites and parks formerly under the jurisdiction of the Parks and Wildlife Department are under the commission's jurisdiction: (1) Acton State...
• Texas Section 442.073 - Historic Site Account
  (a) The historic site account is a separate account in the general revenue fund. (b) The account consists of: (1) credits made to the commission...
• Texas Section 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...

SUBCHAPTER D OPERATION OF HISTORIC SITES

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER E RULES GOVERNING HISTORIC SITES

• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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.,...

Last modified: September 28, 2016