§ 442.005 — GENERAL POWERS AND DUTIES OF COMMISSION.

Texas § 442.005

• Jurisdiction: Texas
• Code GV: Government Code

Text

Sec. 442.005. GENERAL POWERS AND DUTIES OF COMMISSION. (a) The commission shall furnish leadership, coordination, and services to county historical commissions, historical societies, and the organizations, agencies, institutions, museums, and individuals of this state interested in the preservation of archeological or historical heritage and shall act as a clearinghouse and information center for that work in this state.
(b) The commission is responsible for the administration of the Antiquities Code of Texas, Chapter 191 , Natural Resources Code, and shall strive to establish effective working relationships among individuals primarily interested in history, architecture, and archeology.
(c) The commission shall furnish professional consultant services to museums and to agencies, individuals, and organizations interested in the preservation and restoration of archeological or historic structures, sites, or landmarks.
(d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(41), eff. June 17, 2011.
(e) The commission shall administer the federal National Historic Preservation Act of 1966 and may prepare, maintain, and keep up to date a statewide comprehensive historic preservation plan.
(f) The commission by rule may establish a reasonable fee to recover its costs arising from review of a rehabilitation project on an income-producing property included in the National Register of Historic Places. Any fee established is payable by the applicant for the rehabilitation project.
(g) The commission may apply to any appropriate agency or officer of the United States for participation in any federal program pertaining to historic preservation.
(h) The commission may certify to another state agency the worthiness of preservation of any historic district, site, structure, or object significant in Texas or American history, architecture, archeology, or culture.
(i) The commission may provide matching grants to assist the preservation of a historic structure significant in Texas or American history, architecture, archeology, or culture.
(j) The commission shall use its facilities and leadership to stimulate the development and protection of archeological or historical resources in every locality of this state, emphasizing responsibility and privilege of local effort except in a case in which the project or problem clearly demands a broader approach.
(k) The commission may provide matching grants to preserve collections of small history museums in this state if the collections are significant in Texas or American history, architecture, archeology, or culture.
(l) The commission may conduct educational programs, seminars, and workshops throughout this state covering any phase of historic preservation.
(m) The commission shall continue cooperative studies and surveys of the various aspects of historical heritage.
(n) Not later than December 1 before each regular session of the legislature, the commission shall make a report of its activities to the governor and to the legislature.
(o) The commission may enter into contracts with other state agencies or institutions, qualified private institutions, and other persons, including for-profit corporations, to carry out the purposes of this chapter. A contract with a for-profit corporation under this chapter may not permit any property preserved, maintained, or administered by the commission under this chapter to display any corporate name, logo, or product other than a discreet plaque or similar acknowledgment that does not detract from the property's historic purpose.
(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 may participate in the establishment and operation of an affiliated nonprofit organization whose purpose is to raise funds for or provide services or other benefits to the commission or one or more historic sites as defined by Section 442.071 .
(q) The commission may adopt rules as it considers proper for the effective administration of this chapter.
(r) The commission may establish advisory committees to advise the commission on archeological and historical matters, including an advisory committee to consider matters relating to Chapter 191 , Natural Resources Code.
(s) The commission may promote the appreciation of historic sites, structures, or objects in the state through a program designed to develop tourism in the state.
(t) The commission shall promote heritage tourism by assisting persons, including local governments, organizations, and individuals, in the preservation, enhancement, and promotion of heritage and cultural attractions in this state. The program must include efforts to:
(1) raise the standards of heritage and cultural attractions around this state;
(2) foster heritage preservation and education;
(3) encourage regional cooperation and promotion of heritage and cultural attractions; and
(4) foster effective local tourism leadership and organizational skills.
(u) The commission may:
(1) maintain the historic character of the sites and structures entrusted to its care;
(2) use its resources to develop the historic sites through promotional and educational activities, including the purchase of items for resale or donation and the purchase of plants and landscaping services; and
(3) accept advertisements in selected agency publications, including print and electronic publications, at a rate that offsets development and production costs.
(v) The commission may accept a gift of real property, whether of historical value or not. When the gift is received, the commission may:
(1) arrange for the preservation, maintenance, and public exhibition of the property; or
(2) at the commission's discretion, sell the property at fair market value and use the proceeds to carry out any purpose of this chapter.

Legislative History

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1995, 74th Leg., ch. 109, Sec. 5, eff. Aug. 30, 1995; Acts 1997, 75th Leg., ch. 428, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 461, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 377, Sec. 2, eff. Sept. 1, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179 ), Sec. 25(41), eff. June 17, 2011. Acts 2013, 83rd Leg., R.S., Ch. 550 (S.B. 615 ), Sec. 1, eff. September 1, 2013. Acts 2025, 89th Leg., R.S., Ch. 948 (H.B. 4187 ), Sec. 2, eff. September 1, 2025.