Tex. Gov't Code Section 442.002
Commission; Members; Sunset Act


(a)

The Texas Historical Commission is an agency of the state.

(b)

The commission is composed of 15 members appointed by the governor with the advice and consent of the senate. One member must have expertise in archeology, preferably as a professional archeologist, one must have expertise in history, preferably as a professional historian, and one must have expertise in architecture, preferably as a professional architect who is licensed in this state and has expertise in historic preservation and architectural history. The remaining members must represent the general public. A person is not eligible for appointment as a member of the commission if the person or the person’s spouse:

(1)

owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the commission or receiving money other than grant money from the commission;

(2)

uses or receives a substantial amount of tangible goods, services, or money from the commission, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses; or

(3)

is employed by or participates in the management of a business entity or other organization regulated by or receiving money other than grant money from the commission.

(c)

Members serve for staggered six-year terms, with the terms of one-third of the members expiring February 1 of each odd-numbered year.

(d)

Any vacancy occurring on the commission shall be filled for the unexpired term.

(e)

A member of the commission must be a citizen of this state who has demonstrated an interest in the preservation of the state’s historical or archeological heritage. In making appointments to the commission, the governor shall seek to have each geographical section of the state represented as nearly as possible.

(f)

A person may not serve as a member of the commission or act as the general counsel to the commission if the person is required to register as a lobbyist under Chapter 305 (Registration of Lobbyists) because of the person’s activities for compensation on behalf of a profession related to the operation of the commission.

(g)

The commission shall hold at least one regular meeting in each calendar quarter of each year. The commission may hold other meetings at times and places scheduled by it in formal session or called by the chairman of the commission.

(h)

The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor. At its first meeting in each odd-numbered year, the commission shall select from its membership an assistant presiding officer and a secretary.

(i)

A member of the commission serves without pay but shall be reimbursed for actual expenses incurred in attending a meeting of the commission.

(j)

The commission is subject to the open meetings law, Chapter 551 (Open Meetings), and the administrative procedure law, Chapter 2001 (Administrative Procedure). The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission.

(k)

The Texas Historical Commission is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2031.

(l)

Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 2.13, eff. Nov. 12, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(50), (83), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 109, Sec. 1, eff. Aug. 30, 1995; Acts 2003, 78th Leg., ch. 1170, Sec. 19.01, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 1, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 37 (S.B. 283), Sec. 1, eff. May 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 26 (S.B. 763), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 178 (H.B. 1422), Sec. 1, eff. September 1, 2019.

Source: Section 442.002 — Commission; Members; Sunset Act, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­442.­htm#442.­002 (accessed Apr. 29, 2024).

442.001
Definitions
442.002
Commission
442.003
Purpose of Commission
442.004
Personnel
442.005
General Powers and Duties of Commission
442.006
State Historical Marker Program
442.007
State Archeological Program
442.008
County Courthouses
442.009
Consumer Information and Complaints
442.010
Audits
442.011
Penalty
442.012
Lawsuits
442.013
No Effect on Other Organizations and Activities
442.014
Main Street Program
442.015
Texas Preservation Trust Fund Account
442.016
Liability for Adversely Affecting Historic Structure or Property
442.017
Identification and Preservation of Abandoned Cemeteries
442.018
Identification and Preservation of Texas Underground Railroad Historical Sites
442.019
Tom Lea Trail
442.020
Texas Treasure Awards
442.0021
Commission Members: Training
442.021
El Camino Real De Los Tejas National Historic Trail
442.0022
Commission Members: Conflict of Interest
442.022
Use of Technology
442.0023
Commission Members: Grounds for Removal
442.023
Negotiated Rulemaking and Alternative Dispute Procedures
442.024
Scenic Loop Road--boerne Stage Road--toutant Beauregard Road Historic Corridor
442.025
Texas Historic Roads and Highways Program
442.026
Bankhead Highway as Texas Historic Highway
442.029
Hispanic Heritage Center of Texas
442.031
Don Juan De Onate Trail as Texas Historic Highway
442.032
Naming of Certain Areas on Historic Sites
442.0045
Delegation of Certain Powers and Duties
442.0051
Fees
442.051
Museum Definition
442.052
Powers of Commission
442.0052
Volunteer Services
442.0053
Eligibility Criteria for Inclusion of Real Property in State Historic Sites System
442.053
Revenue Bonds for Museum
442.0054
Disclosure of Personal Customer Information
442.055
Grants
442.0055
Affiliated Nonprofit Organization
442.0056
Acquisition of Historic Sites
442.056
National Museum of the Pacific War Museum Fund
442.0057
Solicitation, Receipt, and Transfer of Land
442.0058
Sale or Exchange of Land
442.0059
Employee Fund-raising
442.0061
State Historical Marker Program to Honor African American Legislators
442.061
Definition
442.062
Jurisdiction and Maintenance of Museum
442.063
Grants
442.0065
Guide to Historical Markers
442.065
Definition
442.066
Iwo Jima Monument and Museum
442.0071
Duties Regarding Governor’s Mansion
442.071
Definition
442.072
Commission Jurisdiction
442.0072
Preservation and Maintenance of Gethsemane Church and Carrington-covert House
442.0073
Preservation and Maintenance of Certain State Buildings
442.073
Historic Site Account
442.0074
Preservation, Maintenance, and Improvement of Republic of Texas Granite Boundary Marker
442.074
Grants
442.075
Transfer of Historic Sites from Parks and Wildlife
442.076
French Legation
442.077
Agreement Relating to French Legation
442.0081
Historic Courthouse Preservation and Maintenance Programs
442.0082
Historic Courthouse Project
442.0083
Funding for Historic Courthouse Preservation Program
442.0084
Equitable Representation in Monuments
442.0085
State Register of Historic Places
442.0086
Military Sites Program
442.0087
Fort Bliss Museum and Study Center
442.0088
Texas Heritage Trails Program
442.0095
Program and Facility Accessibility
442.101
Authority to Contract
442.102
Construction of Roads by Texas Department of Transportation
442.103
Lease of Lands and Improvements
442.104
Lease of Grazing Rights
442.105
Establishment of Fees
442.106
Concessions
442.107
Publications on Historic Sites
442.108
Deposit of Receipts
442.109
Mistaken Deposit
442.110
Programs for the Development of Historic Sites and Structures
442.111
Financing of Historic Site Programs
442.112
State Historic Site Retail Operations
442.113
Texas Historical Commission Retail Operations Fund
442.0145
Texas Historical Artifacts Program
442.0151
Historic Infrastructure Sustainability Trust Fund
442.0155
Funds Subject to State Funds Reform Act
442.0195
Texas Music History Trail
442.201
Authorization
442.202
Scope of Rules
442.203
Posting of Rules
442.204
Removal from Site
442.205
Enforcement of Rules
442.206
Effect of Rules
442.207
Penalty
442.251
Jurisdiction
442.252
San Jacinto Museum and Battlefield Association
442.253
Executive Manager
442.271
Jurisdiction
442.272
Powers of Commission

Accessed:
Apr. 29, 2024

§ 442.002’s source at texas​.gov