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.