HBA-DMD H.B. 1780 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1780 By: Puente State, Federal, & International Relations 4/17/1999 Introduced BACKGROUND AND PURPOSE H.B. 1780 authorizes a political subdivision to object to the Texas Historical Commission (committee) about the location for public display of antiquities only if the political subdivision proposes a suitable location in its territory for displaying the item and the item was discovered in or recovered from the political subdivision's territory. This bill requires an administrative law judge (judge) employed by the State Office of Administrative Hearings to conduct the hearing of an objection by a political subdivision. It also requires the judge and the committee to consider certain factors, when determining whether granting the political subdivision's proposal to display the item at a certain location would harm or endanger the preservation or restoration of the item. H.B. 1780 requires the committee to remain the legal custodian of the item. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter C, Chapter 191, Natural Resources Code, by adding Section 191.0585, as follows: Sec. 191.0585. DISPUTE OVER WHERE TO DISPLAY AN ARTIFACT. (a) Authorizes a political subdivision to object to the Texas Historical Commission (committee) about the location for public display of an item described in this chapter (Antiquities Code) only if the political subdivision proposes a suitable location in its territory for displaying the item and the item was discovered in or recovered from the political subdivision's territory. (b) Provides that the resolution of an objection made under this section is a contested case under Chapter 2001 (Administrative Procedure), Government Code. Requires an administrative law judge (judge) employed by the State Office of Administrative Hearings to conduct the hearing under Section 2001.058 (Hearing Conducted by State Office of Administrative Hearings), Government Code. Requires the judge to propose and the committee to order that the item be displayed in the location proposed by the political subdivision unless the item is more closely connected to the history of another region of the state or unless moving the item to or maintaining the item in the location proposed by the political subdivision would harm or endanger the preservation or restoration of the item. Requires the judge and the committee to consider certain factors, when determining whether granting the political subdivision's proposal would harm or endanger the preservation or restoration of the item. (c) Requires the committee, if after receipt of the judge's proposal for decision the committee rules in favor of the political subdivision, to arrange for the political subdivision to display the item as a permanent exhibit in the political subdivision's boundary under Section 191.058 (Curation of Artifacts), Natural Resources Code. (d) Requires the committee to remain the legal custodian of the item. SECTION 2.Effective date: September 1, 1999. Provides that Section 191.0585, Natural Resources Code, as added by this Act, applies to an item discovered or recovered on, before, or after the effective date of this Act. SECTION 3.Emergency clause.