13 TAC §§12.1, 12.3, 12.5, 12.7, 12.9
The Texas Historical Commission proposes a new Chapter 12,
§§12.1, 12.3, 12.5, 12.7, and 12.9 to contain rules concerning the
preservation of county courthouses within the state of Texas. With over 220
historic courthouses, Texas has more historic county courthouses than any
other state. These courthouses provide examples of significant architectural
styles and illustrate the importance of county government in the history of
our state. In 1998, the historic courthouses of Texas were named to a national
list of endangered historic sites, focusing attention on the threats facing
these structures. Realizing that historic Texas courthouses are national treasures
threatened by neglect, deterioration, lack of maintenance, insufficient funds,
and inappropriate development, Governor George W. Bush proposed the creation
of the Texas Historic Courthouse Preservation Program. The 76th Texas Legislature
(1999) subsequently established the program with the purpose of providing
grants or loans to counties in order to preserve our state's historic courthouses.
The chapter is proposed to define the process by which eligible counties may
apply for and potentially be granted funds from the Texas Historic Courthouse
Preservation Program.
F. Lawerence Oaks, Executive Director, has determined that for the first
five-year period during which the sections as proposed are in effect there
will be only limited fiscal implications as a result of enforcing or administering
this section of rules for state or local governments. Those costs, namely
matching grant funds, will be incurred only by those counties that voluntarily
seek, and are qualified for, grants or loans under the Texas Historic Courthouse
Preservation Program.
Mr. Oaks also anticipates that the public will benefit from this program
through the restoration and preservation of our state's valuable historic
county courthouses. These rules establish procedures that the commission and
grant or loan applicants must follow in order to appropriately distribute
the funds available through the Texas Historic Courthouse Preservation Program.
The only costs for members of the public as a result of the enforcement or
administration of this section of rules would arise in those counties in which
county administrators voluntarily chose to use county funds as part of a cash
match for grant funds.
Comments on the proposal may be submitted to F. Lawerence Oaks, Executive
Director, Texas Historical Commission, P.O. Box 12276, Austin, Texas 78711-2276.
The new rules are proposed under Texas Government Code, §442.005(q)
which authorizes the Texas Historical Commission to promulgate rules for its
programs.
The proposed rules also affect Texas Government Code §442.0081, the
statute implementing the Texas Historic Courthouse Preservation Program.
§12.1.Object.
The Texas Historical Commission, hereafter referred to as the commission,
is specifically empowered to adopt reasonable rules concerning the Texas Historic
Courthouse Preservation Program for the purpose of distributing funds provided
by the State Legislature. Implementation of this grant and loan program is
the objective of this chapter.
§12.3.Scope.
The intent of these rules is to provide a system by which the commission
may grant or loan money to a county that owns a historic courthouse, for the
purpose of preserving or restoring the courthouse, if the county's application
meets the standards of the Texas Historic Courthouse Preservation Program.
Restrictions on who can obtain funds and how the funds are used is within
the legal authority of the commission, and can be defined through the rule-making
authority of the commission.
§12.5.Definitions.
When used in this chapter, the following words or terms have the following
meanings unless the context indicates otherwise.
(1)
Texas Historic Courthouse Preservation Program. Means the
grant or loan program created by the enactment of HB 1341 by the 76th Texas
Legislature (1999).
(2)
The Courthouse Fund. Means a separate account in the
general revenue fund. The account consists of transfers made to the account,
payment on loans made under the historic courthouse preservation program,
grants and donations received for the purposes of the historic courthouse
preservation program, and income earned on investments of money in the account.
(3)
Texas Courthouse Preservation Program Advisory Committee.
Means a committee that serves the commission in matters concerning the courthouse
program.
(4)
Historic courthouse. Means a county courthouse that
is at least 50 years old prior to the date of application, with the initial
date of service defined as the date of the first official commissioners court
meeting in the building.
(5)
Historic courthouse project. Means an undertaking
to preserve or restore a historic courthouse.
(6)
Historic courthouse structure. Means a courthouse
structure that is one or more of the following:
(A)
listed on the National Register of Historic Places;
(B)
designated a Recorded Texas Historic Landmark;
(C)
designated a State Archeological Landmark;
(D)
determined by the commission to qualify as an eligible
property under the designations noted above;
(E)
certified by the commission to other state agencies as
worthy of preservation; or,
(F)
designated by an ordinance of a municipality with a population
of more than 1.5 million as historic.
(7)
Master preservation plan or master plan. Means
a comprehensive planning document that includes the historical background
of a courthouse, as well as a detailed analysis of its architectural integrity,
current condition, and future needs for preservation. The commission shall
promulgate specific guidelines for developing the document.
(8)
Restoration. Means the act or process of accurately
depicting the form, features, and character of a property as it appeared at
a particular period of time by means of the removal of features from other
periods in its history and reconstruction of missing features from the restored
period. (As defined by the Secretary of the Interior's Standards for the Treatment
of Historic Properties (1995 edition, or as revised)).
(9)
Reconstruction. Means the act or process of depicting,
by means of new construction, the form, features, and detailing of a non-surviving
site, landscape, building, structure, or object for the purpose of replicating
its appearance at a specific period of time and in its historic location.
(As defined by the Secretary of the Interior's Standards for the Treatment
of Historic Properties (1995 edition, or as revised)).
(10)
Preservation. Means the act or process of applying
measures necessary to sustain the existing form, integrity, and materials
of a historic property. (As defined by the Secretary of the Interior's Standards
for the Treatment of Historic Properties (1995 edition, or as revised)).
(11)
Rehabilitation. Means the act or process of making
possible a compatible use for a property through repair, alterations, and
additions while preserving those portions or features which convey its historical,
cultural, or architectural values. (As defined by the Secretary of the Interior's
Standards for the Treatment of Historic Properties (1995 edition, or as revised)).
(12)
Match requirement. Means the percentage of the total
grant project cost that must be provided by a county in the form of a prior
capital expenditures match, prior in-kind match, current cash match, current
in-kind match, or planning match. Prior capital expenditures match. Means
monies previously spent by a county for past preservation projects.
(13)
Prior in-kind match. Means materials donated to a
county for past preservation projects.
(14)
Current cash match. Means monies to be paid by a
county as part of the preservation project described in a current request
for grant or loan funding.
(15)
Current in-kind match. Means materials to be donated
as part of the preservation project described in a current request for grant
or loan funding.
(16)
Planning match. Means monies spent on an approved
master preservation plan.
§12.7.Grant or Loan Program.
(a)
Property Eligibility. In order to be eligible for grants
or loans under the courthouse program, a county's historic courthouse must
be determined a historic courthouse structure as defined in §12.5 of
this title (relating to Definitions).
(b)
Master plan requirement. In order to be eligible for funding,
a county must have completed a current master preservation plan, as described
above, and received the approval of the commission.
(c)
Types of Assistance. The commission shall provide financial
assistance in the form of grants or loans. Grant or loan recipients shall
be required to follow the terms and conditions of the Texas Historic Courthouse
Preservation Program and other terms and conditions imposed by the commission
at the time of the grant award or loan.
(d)
Match for grant or loan assistance. Applicants eligible
to receive grant or loan assistance must provide a minimum of 15% of the total
project cost, of which not more than one half of the match may be derived
from prior capital expenditures, prior in-kind match, and current in-kind
match, and not less than one half of the match must be derived from current
cash match and/or planning match. Prior capital expenditure and prior in-kind
matches constitute credit for commission approved capital and planning expenditures
during the 30- month period prior to the date of application.
(e)
Allowable use of grant or loan monies.
(1)
A county that receives money under the courthouse program
must use the money only for preservation and restoration expenses that the
commission determines eligible.
(2)
All work must comply with the Secretary of the Interior's
Standards for the Treatment of Historic Properties (1995 edition, or as revised).
(3)
Individual grants or loans may not exceed $4 million.
(4)
The commission may grant less than the amount requested
in a courthouse grant application.
(f)
Administration. The courthouse program shall be administered
by the commission.
(g)
Advisory Committee.
(1)
The purpose of the advisory committee is to advise the
commission on matters related to the Texas Historic Courthouse Preservation
Program.
(2)
The advisory committee shall consist of:
(A)
members from the different geographical areas of the state;
(B)
an equal number of members from counties with a population
of:
(i)
24,999 or less;
(ii)
25,000 to 75,000; and
(iii)
75,001 or more; and
(C)
at least the following members:
(i)
one or more elected county officials;
(ii)
one or more members of historical organizations or persons
with knowledge of and experience in preservation who are not elected county
officials; and
(iii)
one or more members of the general public who do not
meet the requirements of clause (i) or (ii) of this subparagraph.
(3)
The advisory committee shall meet annually,
or as directed by the commission, to discuss issues related to subsection
(g)(1) of this section and provide a report in written form, or in other formats
as determined by the commission, at a regularly scheduled commission meeting,
or at times as otherwise determined by the agency.
(4)
The advisory committee shall be abolished on August
31, 2003, unless specifically continued by an affirmative vote of the commission.
(h)
Procedures. The commission shall adopt procedures, and
revise them as necessary, to implement the Texas Historic Courthouse Preservation
Program.
§12.9.Application Requirements and Considerations.
(a)
A county that owns a historic courthouse may apply to the
commission for a grant or loan for a historic courthouse project. The application
must include:
(1)
the address of the courthouse;
(2)
a statement of the historic designations that the
courthouse has or is likely to receive;
(3)
a statement of the amount of money or in-kind contributions
that the county commits to contribute to the project;
(4)
a statement of previous allowable money or in-kind
contribution the county will use for their match;
(5)
a statement of whether the courthouse is currently
functioning as a courthouse;
(6)
copies of any plans, including a master preservation
plan, that the county may have for the project;
(7)
copies of existing deed covenants, restrictions or
easements held by the commission or other preservation organizations;
(8)
statements of support from local officials and community
leaders; and
(9)
any other information that the commission may require.
(b)
The Texas Historic Courthouse Preservation Program will
be a competitive process, with applications evaluated and grants awarded based
on the factors provided in this section.
(c)
In considering whether to grant an application, the commission
will assign weights to and consider each of the following factors:
(1)
the amount of money available for a grant;
(2)
the percentage of the cost that the county will contribute;
(3)
any in-kind contributions the county will provide;
(4)
the cost of the proposed project;
(5)
the historic significance of the courthouse;
(6)
the county's approved master preservation plan;
(7)
the status of the building as a functioning courthouse;
(8)
the county's provision of a match greater than 15%
of the grant request;
(9)
the courthouse is subject to a current conservation
easement or covenant held by the commission;
(10)
the courthouse is subject to a current preservation
covenant and/or deed restriction as part of the grant process;
(11)
the age of the courthouse;
(12)
the status of the courthouse in terms of state and
local historical designations that are in place;
(13)
the location of the county in a region with few awarded
courthouse grant applications;
(14)
the degree of surviving integrity of original design
and materials;
(15)
the proposal is in conformance with the approved
master plan and addresses the work in proper sequence;
(16)
the county government's provision of preservation
incentives and support of the county historical commission and other county-wide
preservation efforts;
(17)
the use of the building as a courthouse after the
project;
(18)
the importance of the building within an architectural
style/context;
(19)
the evidence of community support and county commitment
to protection;
(20)
the proposal addresses and remedies former inappropriate
changes;
(21)
the existence of a plan for protecting county records
during the restoration and afterwards;
(22)
the effort to protect and enhance surrounding historic
resources;
(23)
the degree of endangerment;
(24)
the existence of a strong history of compliance with
the state courthouse law (Texas Government Code, Section 442.008); and
(25)
the proposal results in a fully restored county courthouse.
(d)
The factors noted in subsection (c) of this section, and
any additional ones determined necessary by the commission, will be published
prior to each individual grant round as part of the formal procedures for
the round.
(e)
As a condition for a county to receive money under the
courthouse fund, the commission may require creation of a conservation easement
on the property, and may require creation of other appropriate covenants in
favor of the state. The highest preference will be given to counties agreeing
to the above referenced easements or covenants at the time of application.
(f)
The commission shall provide oversight of historic courthouse
projects.
(1)
The commission may make periodic inspections of the projects
to ensure compliance with program rules and procedures.
(2)
The commission may require periodic reports to ensure
compliance with program rules and procedures and as a prerequisite to disbursement
of grant or loan funds.
(3)
The commission may adopt additional procedures to
ensure program compliance.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on August
2, 1999.
TRD-9904713
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Earliest possible date of adoption: September 12, 1999
For further information, please call: (512) 463-5711