CHAPTER 318. HISTORIC PRESERVATION BY COUNTIES
LOCAL GOVERNMENT CODE
TITLE 10. PARKS AND OTHER RECREATIONAL AND CULTURAL RESOURCES
SUBTITLE B. COUNTY PARKS AND OTHER RECREATIONAL AND CULTURAL
RESOURCES
CHAPTER 318. HISTORIC PRESERVATION BY COUNTIES
SUBCHAPTER A. COUNTY HISTORICAL COMMISSION
Sec. 318.001. DEFINITION. In this subchapter, "commission"
means the county historical commission.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 318.002. ESTABLISHMENT. The commissioners court of a
county may appoint a county historical commission for the purpose
of initiating and conducting programs suggested by the
commissioners court and the Texas Historical Commission for the
preservation of the county's historic cultural resources.
Programs suggested by the Texas Historical Commission must be
consistent with the statewide preservation plan. In suggesting
programs, the Texas Historical Commission shall consider the
fiscal and human resources the county has to conduct the
programs.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 377, Sec. 1, eff. Sept. 1,
2001.
Sec. 318.003. COMPOSITION; TERM. (a) The commission must be
composed of at least seven residents of the county. Members of
the commission must be individuals who broadly reflect the age,
ethnic, and geographic diversity of the county.
(b) The members of the commission shall be appointed during the
month of January of odd-numbered years and are appointed for a
term of two years. The commissioners court shall fill a vacancy
on the commission for the remainder of the unexpired term.
(c) Each commission member must have an interest in historic
preservation and an understanding of local history and resources.
(d) The commissioners court shall provide to the Texas
Historical Commission a list of appointed members and the mailing
address of each member.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 377, Sec. 1, eff. Sept. 1,
2001.
Sec. 318.004. APPOINTMENT BY STATE. If the commissioners court
fails to appoint a commission by April 1 of each odd-numbered
year, the Texas Historical Commission may appoint the commission
after 30 days' written notice to the commissioners court of its
intention to do so. The county judge shall serve as commission
chair during any interim period.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 377, Sec. 1, eff. Sept. 1,
2001.
Sec. 318.005. MEETINGS. (a) The commission shall meet at least
four times each year and may meet as often as the commission may
determine under rules adopted by it for its own regulation.
(b) All meetings of the commission shall be conducted in
accordance with the open meetings law, Chapter 551, Government
Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 377, Sec. 1, eff. Sept. 1,
2001.
Sec. 318.006. RESOURCE IDENTIFICATION. (a) The commission
should institute and carry out a continuing survey of the county
to determine the existence of historic buildings and other
historical and archeological sites, private archeological
collections, important endangered properties, or other historical
features within the county, and should report the data collected
to the commissioners court and the Texas Historical Commission.
(b) The commission should develop and maintain its inventory of
surveyed individual properties and districts in accordance with
standards established by the Texas Historical Commission.
(c) The commission should establish a system for the periodic
review and assessment of the condition of designated properties
in the county, including Recorded Texas Historic Landmarks, State
Archeological Landmarks, and individual historic properties or
districts listed in the National Register of Historic Places. The
commission should report the results of the review and assessment
to the Texas Historical Commission.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 377, Sec. 1, eff. Sept. 1,
2001.
Sec. 318.007. EDUCATION. The commission should strive to create
countywide awareness and appreciation of historic preservation
and its benefits and uses.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 377, Sec. 1, eff. Sept. 1,
2001.
Sec. 318.008. REPORTS AND RECOMMENDATIONS. (a) In order to
inform the commissioners court and the Texas Historical
Commission of the commission's needs and programs, the commission
shall make an annual report of its activities and recommendations
to the commissioners court and to the Texas Historical Commission
before the end of each calendar year. The commission may make as
many other reports and recommendations as it sees fit.
(b) The commission shall make recommendations to the
commissioners court and the Texas Historical Commission
concerning the acquisition and designation of property, real or
personal, that is of historical or archeological significance.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 377, Sec. 1, eff. Sept. 1,
2001.
Sec. 318.009. FISCAL AND HUMAN RESOURCES. (a) The
commissioners court may pay the necessary expenses of the
commission.
(b) The commissioners court may make agreements with
governmental agencies or private organizations and may
appropriate funds from the general fund of the county for the
purpose of:
(1) erecting historical markers and monuments;
(2) purchasing objects and collections of objects that are
historically significant to the county;
(3) preparing, publishing, and disseminating, by sale or
otherwise, a history of the county;
(4) hiring professional staff and consultants;
(5) providing matching funds for grants; and
(6) funding other programs or activities as suggested by the
Texas Historical Commission and the commissioners court.
(c) The Texas Historical Commission may make grants available to
the commission, subject to the budgetary authority and approval
of the commissioners court, to carry out the purposes of this
chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 377, Sec. 1, eff. Sept. 1,
2001.
Sec. 318.010. RESOURCE INTERPRETATION. (a) The commission
shall review applications for Official Texas Historical Markers
to determine the accuracy, appropriateness, and completeness of
the application.
(b) The commission should establish a system for the periodic
review, assessment, and maintenance of Official Texas Historical
Markers in the county.
(c) The commission should work to promote historic and cultural
sites in the county to develop and sustain heritage tourism.
(d) The commission may:
(1) operate and manage any museum owned or leased by the county;
(2) acquire artifacts and other museum collections in the name
of the museum or the commission; and
(3) supervise any employees hired by the commissioners court to
operate the museum.
(e) In operating museums, the commission shall adhere to
professional standards in the care, collection, management, and
interpretation of artifacts.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 377, Sec. 1, eff. Sept. 1,
2001.
Sec. 318.0101. PLANNING. The commission should work in
partnership with other preservation entities in the county to
prepare a plan for the preservation of the county's historic and
cultural resources. The commission should use the Texas
Historical Commission's statewide preservation plan for guidance.
Added by Acts 2001, 77th Leg., ch. 377, Sec. 1, eff. Sept. 1,
2001.
Sec. 318.0102. LEADERSHIP AND TRAINING. (a) The Texas
Historical Commission shall make orientation materials and
training available to all county historical commissions.
(b) The commission should strive to be represented at
informational or educational meetings sponsored by the Texas
Historical Commission at least twice each year.
(c) The commission, with assistance from the Texas Historical
Commission, shall carry out board and volunteer training.
Added by Acts 2001, 77th Leg., ch. 377, Sec. 1, eff. Sept. 1,
2001.
Sec. 318.012. HISTORIC SITE TAX EXEMPTION. (a) The
commissioners court may establish a program under which the
commission:
(1) receives and reviews applications that are filed with the
county and that request a property tax exemption under Section
11.24, Tax Code; and
(2) recommends to the commissioners court whether to grant the
exemption and, if the grant of the exemption is recommended, how
much of the property's assessed value should be exempt from
taxation.
(b) The commission may examine the property that is granted the
exemption on recommendation of the commission and recommend to
the commissioners court whether the exemption should be withdrawn
because of changed circumstances involving the property.
(c) A person is entitled to appear before the commissioners
court and state any objections to a recommendation made by the
commission under this section regarding property owned by the
person.
(d) The commissioners court may require a person whose property
is granted the exemption to notify the commission of any plans
the person may have to modernize the property or change it in any
other manner.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 318.013. CONTRACTS FOR LEASE OR MANAGEMENT OF LANDMARKS.
(a) The commissioners court may, on recommendation of the
commission or other interested persons, contract with a private
person for the lease or management of any county-owned real
estate or structure that is designated by the Texas Historical
Commission as a Recorded Texas Historic Landmark considered
worthy of preservation because of its history, culture, or
architecture.
(b) The contract must be drawn in consultation with the
commission and must specify the duties of the contracting party,
including duties as to:
(1) maintenance and repairs;
(2) providing public access;
(3) restricting inappropriate commercial uses; and
(4) promoting preservation of the historic, cultural, or
architectural aspects of the landmark.
(c) The contract may be handled in the same manner as a contract
for professional services rendered to a county, such as a
contract for architectural or engineering services, if the
contract is with a nonprofit organization chartered in this
state.
(d) The contract may be for a period of years as determined by
the commissioners court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER B. SUPPORT OF PRIVATE ORGANIZATIONS
Sec. 318.021. APPROPRIATIONS TO HISTORICAL FOUNDATIONS: CERTAIN
COUNTIES. The commissioners court of a county with a population
of 239,000 to 825,000 may appropriate money from the general fund
of the county to a historical foundation or organization in the
county for the purpose of purchasing, constructing, restoring,
preserving, maintaining, or reconstructing historical landmarks,
buildings, and furnishings that are of historical significance to
the county. The foundation or organization must be incorporated
under the law of this state as a nonprofit corporation.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 100, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 972, Sec. 1, eff. June 18, 1999;
Acts 2001, 77th Leg., ch. 669, Sec. 96, eff. Sept. 1, 2001.