bill tightening Historical Commission review of historic sites

The text as introduced · 537 words

89R15667 SCF-F

By: Johnson
H.B. No. 4450

A BILL TO BE ENTITLED

AN ACT

relating to procedures for approving certain projects and permit

applications by the Texas Historical Commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 191.0525, Natural Resources Code, is

amended by amending Subsections (f) and (i) and adding Subsection

(j) to read as follows:

(f) Except for a project location described by Subsection

(i), this [ This ] section does not apply to any state agency or

political subdivision that has entered into a memorandum of

understanding for coordination with the committee.

(i) This section does not authorize breaking ground at a

project location on state public land if:

(1) the project location or any structure on the

project location is listed in the National Register of Historic

Places; and

(2) the project would substantially change the

historic or cultural character of the project location or a

structure on the project location.

(j) The committee by rule shall establish procedures to

implement this section.

SECTION 2. Section 191.054, Natural Resources Code, is

amended by amending Subsection (a) and adding Subsection (d) to

read as follows:

(a) Except as provided by Subsection (d), the [ The ]

committee may issue a permit to other state agencies or political

subdivisions or to qualified private institutions, companies, or

individuals for the survey and discovery, excavation, demolition,

or restoration of, or the conduct of scientific or educational

studies at, in, or on landmarks, or for the discovery of eligible

landmarks on public land if it is the opinion of the committee that

the permit is in the best interest of the State of Texas.

(d) The committee shall file notice of a demolition permit

application for publication in the Texas Register in the manner

prescribed by Chapter 2002, Government Code, at least 30 days

before the committee takes any action on the application or issues

the permit. An interested person may challenge the issuance of a

demolition permit under this section in the manner provided for a

contested case under Chapter 2001, Government Code. If an

application for a demolition permit is challenged under this

section, the committee may not issue the permit unless the permit

applicant establishes by a preponderance of the evidence submitted

to the record that the demolition is in the public interest.

SECTION 3. Section 191.098, Natural Resources Code, is

amended by adding Subsection (d) to read as follows:

(d) Subsections (b) and (c) do not apply to a building

described by Subsection (a) that is listed in or located on property

listed in the National Register of Historic Places.

SECTION 4. The changes to Chapter 191, Natural Resources

Code, made by this Act apply only to an application for a

demolition permit or notice of a demolition, renovation, or

alteration of a building that is filed with the Texas Historical

Commission on or after January 1, 2026.

SECTION 5. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.