CHAPTER 318. HISTORIC PRESERVATION BY COUNTIES

State Codes and Statutes

Statutes > Texas > Local-government-code > Title-10-parks-and-other-recreational-and-cultural-resources > 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.

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.

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.

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.

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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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