89R9434 GP-F     By: Kolkhorst S.B. No. 2036       A BILL TO BE ENTITLED   AN ACT   relating to the authority and responsibilities of the Texas   Historical Commission; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 442, Government Code, is   amended by adding Section 442.0046 to read as follows:          Sec. 442.0046.  AUTHORITY OF EXECUTIVE DIRECTOR TO ENTER   CERTAIN CONTRACTS.  (a)  The executive director may negotiate with   and award a contract for goods or services to any qualified vendor   if the executive director:                (1)  solicits bids for the goods or services through a   competitive process in compliance with all applicable laws,   including Chapters 2155, 2254, and 2269, that fails to result in   competitive responsive bids;                (2)  makes a written determination that resoliciting   bids for the goods or services would:                      (A)  be unlikely to result in responsive bids;                      (B)  increase costs to the commission; or                      (C)  delay the ability of the commission to   address a critical need; and                (3)  determines that the vendor meets the requirements   of the original solicitation.          (b)  To the extent practicable, the executive director may   combine the procurement of multiple goods or services into a single   competitively bid contract to enhance the contract's attraction for   potential vendors.          SECTION 2.  Section 442.005(p), Government Code, is amended   to read as follows:          (p)  The commission may accept a gift, grant, devise, or   bequest of money, securities, services, or property to carry out   any purpose of this chapter, including funds raised or services   provided by a volunteer or volunteer group to promote the work of   the commission. The commission shall [may] participate in the   establishment and operation of the [an] affiliated nonprofit   organization described by Subchapter A-1 whose purpose is to raise   funds for or provide services or other benefits to the commission.          SECTION 3.  Subchapter A, Chapter 442, Government Code, is   amended by adding Section 442.034 to read as follows:          Sec. 442.034.  PRESERVATION, MAINTENANCE, AND REPAIR OF   CERTAIN HISTORICAL MARKERS.  (a)  In this section:                (1)  "Civil War centennial marker" means a marker   installed as part of the celebration of the centennial of the Civil   War.                (2)  "Institution of higher education" and "university   system" have the meanings assigned by Section 61.003, Education   Code.                (3)  "Marker" means a marker, monument, or other   memorial installed on public or private property to commemorate an   area, event, or person that is engraved with text or to which a   plaque with text is attached.                (4)  "Republic of Texas centennial marker" means a   marker installed as part of the celebration of the centennial of the   Republic of Texas.          (b)  This section applies only to a Civil War centennial   marker or a Republic of Texas centennial marker that was installed   by or at the direction of:                (1)  the former Centennial Commission;                (2)  the former Texas Civil War Centennial Commission;                (3)  the commission or a predecessor of the commission;   or                (4)  the Republic of Texas.          (c)  A Civil War centennial marker or a Republic of Texas   centennial marker is state property, regardless of whether the   marker is located on public or private property.          (d)  The commission has jurisdiction over and is responsible   for the preservation, maintenance, and repair of Civil War   centennial markers and Republic of Texas centennial markers.          (e)  This section may not be construed as transferring   ownership or control of, or the responsibility to preserve,   maintain, or repair, a museum, exhibition building, or other   building that is:                (1)  associated with or located near a Civil War   centennial marker or a Republic of Texas centennial marker; and                (2)  owned or operated by a private entity,   municipality, county, or institution of higher education or   university system.          SECTION 4.  Chapter 442, Government Code, is amended by   adding Subchapter A-1 to read as follows:   SUBCHAPTER A-1.  FRIENDS OF TEXAS HISTORICAL COMMISSION          Sec. 442.041.  DEFINITION. In this subchapter,   "organization" means the Friends of the Texas Historical   Commission.          Sec. 442.042.  PURPOSE.  (a) The organization is the   affiliated nonprofit organization formed under Section 442.005(p).          (b)  The commission shall designate the organization as the   entity responsible for providing:                (1)  services and other benefits to the commission; and                (2)  financial support as requested by the commission   and approved by the organization's board.          Sec. 442.043.  RULES; GUIDELINES. (a)  The commission shall   adopt rules:                (1)  establishing guidelines under which the   organization may solicit and accept sponsorships or donations from   private entities in connection with commission activities;                (2)  establishing best practices under which the   organization may engage in business activities described by this   subchapter, including procurement guidelines for the use of state   money; and                (3)  governing the relationship between the commission   and the organization that, at a minimum:                      (A)  define the extent to which commission   employees with regulatory responsibilities, including the   executive director, may participate in activities that raise funds   for the organization, which may not include the direct solicitation   of funds; and                      (B)  define the relationship between commission   employees and the organization.          (b)  The commission shall establish guidelines for   identifying and defining the administrative and financial support   the commission may provide for the organization.          Sec. 442.044.  AGREEMENTS. The organization and the   commission may enter into an agreement for the following purposes:                (1)  expanding, renovating, or improving historic   sites or facilities, including through construction;                (2)  maintaining, preserving, restoring, and   protecting historical markers, monuments, and historic sites;                (3)  promoting and conducting archeological studies;                (4)  designing and fabricating exhibits and   preserving, storing, and displaying artifacts, historical data,   items of historical significance, and other items;                (5)  creating interpretive and educational programs;                (6)  acquiring additional artifacts, historical and   marketing data, real estate, and items of historical significance   relevant to state history, settlement, and culture and state   historic sites; and                (7)  supporting programming or providing financial   support for projects of the commission.          Sec. 442.045.  COLLECTION AND USE OF CERTAIN FEE AND REVENUE   RECEIPTS. (a)  An agreement described by Section 442.044 may   authorize the organization to:                (1)  charge and collect fees in connection with the   organization's activities, including fees for viewing special   exhibits or films, attending programs or events, and using   commission facilities or other facilities; and                (2)  collect revenue from gift shop and concession   sales.          (b)  The organization shall hold, invest, manage, use, and   apply money received from the fees and sales described by   Subsection (a) only for the benefit of the commission and may   exercise discretion, subject to the terms of an agreement described   by Section 442.044, regarding business operations, exhibits,   programming, management, preservation, restoration, and site   development.          Sec. 442.046.  OWNERSHIP AND ACQUISITION OF PROPERTY. The   organization:                (1)  retains ownership of property held in the name of   the organization; and                (2)  may acquire items by gift, grant, or purchase   using the organization's money.          Sec. 442.047.  DISPOSITION OF ORGANIZATION ASSETS ON   DISSOLUTION. (a)  In the event of the organization's dissolution,   the commission is the sole beneficiary of all items held in the   organization's name that relate to the commission, except as   otherwise provided by the organization's articles of incorporation   or the terms of the gift or other transfer of the items to the   organization.          (b)  An item for which the commission is not the sole   beneficiary must be clearly identified and described on an agreed   list prepared jointly by the commission and the organization.          Sec. 442.048.  CONFIDENTIALITY OF CERTAIN INFORMATION.  The   name, address, and other identifying information of a person who   makes a donation, including a gift, grant, or other financial   contribution, to the organization is confidential and excepted from   disclosure under Chapter 552.          SECTION 5.  Section 442.072(a), Government Code, is amended   to read as follows:          (a)  The following historic sites in this state are under the   commission's jurisdiction:                (1)  Acton State Historic Site;                (2)  Barrington Living History Farm State Historic   Site;                (3)  Bush Family Home State Historic Site;                (4)  Caddo [Caddoan] Mounds State Historic Site;                (5) [(3)]  Casa Navarro State Historic Site;                (6) [(4)]  Confederate Reunion Grounds State Historic   Site;                (7) [(5)]  Eisenhower Birthplace State Historic Site;                (8) [(6)]  Fannin Battleground State Historic Site;                (9) [(7)]  Fanthorp Inn State Historic Site;                (10) [(8)]  Fort Griffin State Historic Site;                (11) [(9)]  Fort Lancaster State Historic Site;                (12)  Fort Martin Scott State Historic Site;                (13) [(10)]  Fort McKavett State Historic Site;                (14)  French Legation State Historic Site;                (15) [(11)]  Fulton Mansion State Historic Site;                (16)  Goodnight Ranch State Historic Site;                (17)  Harvey House State Historic Site;                (18)  Iwo Jima Monument and Museum State Historic Site;                (19)  Kreische Brewery State Historic Site;                (20) [(12)]  Landmark Inn State Historic Site;                (21) [(13)]  Levi Jordan State Historic Site;                (22) [(14)]  Lipantitlan State Historic Site;                (23) [(15)]  Magoffin Home State Historic Site;                (24) [(16)]  Mission Dolores State Historic Site;                (25) [(17)]  Monument Hill [and Kreische Brewery]   State Historic Site [Sites];                (26) [(18)]  National Museum of the Pacific War;                (27)  Old Socorro Mission State Historic Site;                (28)  Palmito Ranch Battlefield State Historic Site;                (29)  Port Isabel Lighthouse State Historic Site;                (30)  Presidio La Bahia State Historic Site;                (31) [(19)]  Sabine Pass Battleground State Historic   Site;                (32) [(20)]  Sam Bell Maxey House State Historic Site;                (33) [(21)]  Sam Rayburn House State Historic Site;                (34) [(22)]  San Felipe de Austin State Historic Site;                (35)  San Jacinto Battleground State Historic Site;                (36)  Star of the Republic Museum State Historic Site;                (37) [(23)]  Starr Family Home State Historic Site;                (38)  Stephen F. Austin Memorial State Historic Site;                (39) [(24)]  Varner-Hogg Plantation State Historic   Site; and                (40) [(25)]  Washington-on-the-Brazos State Historic   Site[; and                [(26)  the property known as the French Legation].          SECTION 6.  Section 442.101(c), Government Code, is amended   to read as follows:          (c)  Except as authorized by Section 442.0046, the [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.          SECTION 7.  Section 442.113, Government Code, is amended by   amending Subsection (a) and adding Subsections (a-1) and (d) to   read as follows:          (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 earned revenue operating receipts   and may not include appropriated money.          (a-1)  The commission may purchase goods for resale   necessary to support the commission's retail operations using   general revenue available to the commission for that purpose only   until sufficient money is available in the fund established under   this section to fully support retail operations.          (d)  The commission's retail and earned revenue operations   are considered auxiliary enterprises for purposes of Section   2155.141.          SECTION 8.  Chapter 442, Government Code, is amended by   adding Subchapter D-1 to read as follows:   SUBCHAPTER D-1. WASHINGTON-ON-THE-BRAZOS HISTORICAL FOUNDATION          Sec. 442.151.  DEFINITION. In this subchapter, "foundation"   means the Washington-on-the-Brazos Historical Foundation.          Sec. 442.152.  PURPOSE OF FOUNDATION. (a)  The foundation is   a nonprofit historical association organized for the purposes of   supporting the operations of:                (1)  the Washington-on-the-Brazos State Historic Site;                (2)  the Fanthorp Inn State Historic Site;                (3)  the Barrington Living History Farm State Historic   Site; and                (4)  the Star of the Republic Museum State Historic   Site.          (b)  The commission shall designate the foundation as the   entity responsible for providing operational support for the sites   described by Subsection (a) and engaging in related activities for,   and providing financial support to, those sites.          Sec. 442.153.  RESPONSIBILITIES OF FOUNDATION AND   COMMISSION. The foundation and the commission shall enter into an   agreement that establishes the:                (1)  working relationship between the foundation and   the commission in connection with the activities conducted at the   sites described by Section 442.152(a);                (2)  best practices under which the foundation may   engage in business activities described by this subchapter,   including procurement guidelines for the use of state money;                (3)  relationship between the commission's employees   and the foundation; and                (4)  guidelines for identifying and defining the   administrative and financial support the commission may provide in   connection with the sites described by Section 442.152(a).          Sec. 442.154.  AGREEMENTS REGARDING CERTAIN HISTORIC SITES.   (a) The foundation and the commission may enter into an agreement   regarding a site described by Section 442.152(a) for the following   purposes:                (1)  expanding, renovating, managing, maintaining,   operating, or providing financial support for the site;                (2)  maintaining, preserving, restoring, and   protecting property located on the site;                (3)  promoting and conducting archeological studies at   the site;                (4)  maintaining, repairing, renovating, restoring,   improving, expanding, or equipping improvements at the site,   including constructing new improvements;                (5)  designing and fabricating exhibits and   preserving, storing, and displaying artifacts, historical data,   and items of historical significance, including artifacts, data,   livestock, and items owned or held by the foundation, at the site;                (6)  creating interpretive and educational programs   regarding the site;                (7)  acquiring additional artifacts, historical data,   and items of historical significance relevant to the Texas   Revolution and the period in which it occurred, and early Texas   settlement and culture related to the site; and                (8)  preserving, restoring, storing, and conserving   artifacts, historical data, and items of historical significance   related to the site.          (b)  Subject to the terms of an agreement under this section,   the foundation may exercise discretion regarding business   operations, exhibits, programming, collection management,   preservation, restoration, storage, and site development at the   site that is the subject of the agreement.          Sec. 442.155.  COLLECTION AND USE OF CERTAIN FEE AND REVENUE   RECEIPTS. (a)  An agreement described by Section 442.154 may   authorize the foundation to, at the site that is the subject of the   agreement:                (1)  charge and collect fees in connection with the   foundation's activities at the site, including fees for viewing   special exhibits or films, attending programs or events, and using   the facilities at the site; and                (2)  collect revenue from gift shop and concession   sales at the site.          (b)  The foundation shall hold, invest, manage, use, and   apply money received from the fees and sales described by   Subsection (a) only for the benefit of the sites described by   Section 442.152(a).          Sec. 442.156.  COMMISSION ADVICE AND OVERSIGHT. (a)  The   commission shall advise the foundation on the operation,   interpretation, and presentation of historical events,   preservation, archeology, education, nature, philanthropy, and   business development regarding a site described by Section   442.152(a).          (b)  The commission may appoint two nonvoting members to the   foundation's board.          Sec. 442.157.  FUNDRAISING. (a) The foundation shall set   priorities for fundraising activities at the sites described by   Section 442.152(a).          (b)  Notwithstanding Subsection (a), the commission may   adopt rules to establish naming opportunities as described by   Section 442.032.          Sec. 442.158.  OWNERSHIP AND ACQUISITION OF PROPERTY. The   foundation:                (1)  retains ownership of property held in the name of   the foundation; and                (2)  may acquire items by gift, grant, or purchase   using the foundation's money.          Sec. 442.159.  DISPOSITION OF FOUNDATION ASSETS ON   DISSOLUTION. (a)  In the event of the foundation's dissolution, the   commission is the sole beneficiary of all items held in the   foundation's name that relate to the revolutionary history of a   site described by Section 442.152(a) and to early Texas settlement   and culture, except as otherwise provided by the foundation's   articles of incorporation or the terms of the gift or other transfer   of the items to the foundation.          (b)  An item for which the commission is not the sole   beneficiary must be clearly identified and described on an agreed   list prepared jointly by the commission and the foundation.          SECTION 9.  Subchapter K, Chapter 2166, Government Code, is   amended by adding Section 2166.504 to read as follows:          Sec. 2166.504.  APPLICABILITY OF SUBCHAPTER TO CERTAIN   MARKERS. This subchapter does not apply to a marker over which the   Texas Historical Commission has jurisdiction under Section   442.034.          SECTION 10.  Section 442.0055, Government Code, is repealed.          SECTION 11.  Section 442.0046, Government Code, as added by   this Act, applies only to a contract for which bids are first   solicited on or after the effective date of this Act.  A contract   for which bids are first solicited before the effective date of this   Act is governed by the law as it existed immediately before the   effective date of this Act, and that law is continued in effect for   that purpose.          SECTION 12.  On the effective date of this Act, the Texas   Historical Commission replaces the Texas Facilities Commission as   the state agency responsible for the preservation, maintenance, and   repair of the markers described by Section 442.034, Government   Code, as added by this Act.          SECTION 13.  This Act takes effect September 1, 2025.