HomeMy WebLinkAboutTX Local Govt Code Chapter 318 Historic Preservation by Counties
LOCAL GOVERNMENT CODE CHAPTER 318. HISTORIC PRESERVATION BY COUNTIES SUBCHAPTER A. COUNTY HISTORICAL COMMISSION Sec.A318.001. DEFINITION.AAIn this subchapter, "commission" means the
county historical commission. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec.A318.002. ESTABLISHMENT.AAThe 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.A318.003. COMPOSITION; TERM.AA(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)AAThe 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)AAEach commission member must have an
interest in historic preservation and an understanding of local history and resources. (d)AAThe 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.A318.004.
APPOINTMENT BY STATE.AAIf 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 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.A318.005. MEETINGS.AA(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)AAAll 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.A318.006. RESOURCE IDENTIFICATION.AA(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)AAThe commission should develop and maintain its inventory of surveyed individual properties and districts in accordance
with standards established by the Texas Historical Commission. (c)AAThe 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.A318.007. EDUCATION.AAThe 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.A318.008. REPORTS AND
RECOMMENDATIONS.AA(a) In order to inform the commissioners court and the Texas Historical Commission 1
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)AAThe 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.A318.009. FISCAL AND HUMAN RESOURCES.AA(a) The commissioners court
may pay the necessary expenses of the commission. (b)AAThe 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)AAerecting historical markers and monuments; (2)AApurchasing objects and collections of objects that are historically significant
to the county; (3)AApreparing, publishing, and disseminating, by sale or otherwise, a history of the county; (4)AAhiring professional staff and consultants; (5)AAproviding matching funds
for grants; and (6)AAfunding other programs or activities as suggested by the Texas Historical Commission and the commissioners court. (c)AAThe 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.A318.010. RESOURCE INTERPRETATION.AA(a) The commission shall review applications for
Official Texas Historical Markers to determine the accuracy, appropriateness, and completeness of the application. (b)AAThe commission should establish a system for the periodic review,
assessment, and maintenance of Official Texas Historical Markers in the county. (c)AAThe commission should work to promote historic and cultural sites in the county to develop and sustain
heritage tourism. (d)AAThe commission may: (1)AAoperate and manage any museum owned or leased by the county; (2)AAacquire artifacts and other museum collections in the name of the museum
or the commission; and (3)AAsupervise any employees hired by the commissioners court to operate the museum. (e)AAIn 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.A318.0101. PLANNING.AAThe 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.A318.0102. LEADERSHIP AND TRAINING.AA(a) The Texas Historical Commission shall make orientation materials and training available to all county historical commissions.
(b)AAThe commission should strive to be represented at informational or educational meetings sponsored by the Texas Historical Commission at least twice each year. (c)AAThe 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.A318.012.
HISTORIC SITE TAX EXEMPTION.AA(a) The commissioners court may establish a program under which the commission:(1)AAreceives and reviews applications that are filed with the county and
that request a property tax exemption under 2
Section 11.24, Tax Code; and (2)AArecommends 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)AAThe 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)AAA 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)AAThe 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.A318.013. CONTRACTS FOR LEASE OR MANAGEMENT OF LANDMARKS.AA(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)AAThe contract must be drawn in consultation with the commission and must specify the duties of
the contracting party, including duties as to: (1)AAmaintenance and repairs; (2)AAproviding public access; (3)AArestricting inappropriate commercial uses; and (4)AApromoting preservation
of the historic, cultural, or architectural aspects of the landmark. (c)AAThe 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)AAThe 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.A318.021. APPROPRIATIONS TO HISTORICAL
FOUNDATIONS: CERTAIN COUNTIES.AAThe 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. 3