Relating to establishing the Historic Texas Freedmen's Cemetery Designation Program; authorizing a fee.

Contracts

• Purchase & Sale Agreements (PSAs): Buyers must insert contingencies allowing termination if an SB217 application is filed during the contract period. Sellers must update representations and warranties to confirm no notice of application has been received from the THC.
• Vendor Agreements: If engaging historical consultants to pursue or contest a designation, cap fees and clearly define the scope of historical verification work.

Hiring/Training

• Mailroom & Legal Intake: Staff must be trained to flag notices from the Texas Historical Commission immediately. The law requires notification to property owners *and* adjacent owners; failure to respond to these notices waives your ability to contest boundary definitions.
• Land Acquisition Teams: Project managers must be trained to identify potential Freedmen’s Cemetery sites during the site assessment phase to avoid late-stage development halts.

Reporting & Record-Keeping

• Application Documentation: Applicants bear the burden of proof. You must compile evidence of the cemetery’s physical existence and the presence of at least one freed slave’s grave.
• Title Records: Upon designation, the certification and medallion records must be permanently attached to the property file to satisfy future disclosure requirements.

Fees & Costs

• Application Fee: Capped at $25.00 per application (payable to THC).
• Medallion Cost: To be determined by the THC (purchase is optional but recommended for designated sites).
• Hidden Costs: Significant potential costs for historical consultants to verify or refute claims regarding unmarked graves and boundary lines.