13 TAC §26.6
The Texas Historical Commission adopts amendments to Section
26.6 with changes to the proposed text as published in the June 4, 1999 issue
of the
Texas Register
(24 TexReg 4117).
The proposed amendment to Section 26.6 was published in the
Texas Register
with an inadvertent omission and two typographical errors.
The words "in consultation with the Texas Society of Architects" should have
been added to the sentence regarding the appointment of two historic architects
to the Antiquities Advisory Board. The word "also" should have been removed
as the fourth word of the sentence discussing the make-up of the board's membership,
and in that same sentence, the word "nine" should have been "ten" indicating
the total number of proposed members of the Antiquities Advisory Board. Accordingly,
the sentence should read as follows: "The board will be composed of the following
ten membership positions: a representative of the Texas Archeological Society
who is nominated in consultation between TAS and the committee, a representative
of the Council of Texas Archeologists who is nominated in consultation between
CTA and the committee, a state agency archeologist who is nominated in consultation
between state agencies that employ archeologists and the committee, two historians
nominated by the committee from the disciplines of Texas history, two historic
architects nominated by the committee, in consultation with the Texas Society
of Architects, from the disciplines of historic architecture, the Governor-appointed
professional archeologist, historian, and architect members of the Texas Historical
Commission."
The complete changes to Section 26.6 were needed to clarify the responsibilities,
conflicts of interest, and term limitations of Antiquities Advisory Board
members. They also provide a new structure for the Antiquities Advisory Board
that will assist the commission by expanding the board's membership to include
more expertise in the fields of history and historic architecture on the board.
The Commission received one comment regarding adoption of these amendments,
and it was in opposition to the direct appointment of historians and historic
architects to the Antiquities Advisory Board from the general public. The
commenter preferred that these appointments be made in consultation with several
different professional organizations associated with those professions. The
commission agrees in part, and the suggestion is addressed above with regard
to the inadvertent omission concerning the Commission's intended consultation
with the Texas Society of Architects.
The amendments are adopted under Section 442.005(q), Title 13
Part II of the Texas Government Code, and Section 191.052 of the Texas Natural
Resources Code, which provides the Texas Historical Commission with the authority
to promulgate rules and conditions to reasonably effect the purposes of this
chapter. No other statues, articles, or codes are affected by these amendments.
These adopted rule amendments implement Section 442.005(b) of the Texas
Government Code and Section 191.051 of the Texas Natural Resources Code.
§26.6. Antiquities Advisory Board.
As provided for by the 74th Texas Legislature, within Section 442.005(r)
of the Government Code of Texas (relating to the statutes of the Texas Historical
Commission), the committee is authorized to create an Antiquities Advisory
Board (hereafter referred to as the board). The board will make recommendations
to the committee on issues related to the Antiquities Code of Texas, and the
chairman of the board will be appointed by the Chairman of the committee,
from either the Governor-appointed professional archeologist, historian, or
architect members of the Texas Historical Commission. The Vice Chair will
be elected each year by the board from within their membership. The board
will be composed of the following ten membership positions: a representative
of the Texas Archeological Society who is nominated in consultation between
TAS and the committee, a representative of the Council of Texas Archeologists
who is nominated in consultation between CTA and the committee, a state agency
archeologist who is nominated in consultation between state agencies that
employ archeologists and the committee, two historians nominated by the committee
from the disciplines of Texas history, two historic architects nominated by
the committee, in consultation with the Texas Society of Architects, from
the disciplines of historic architecture, the Governor-appointed professional
archeologist, historian, and architect members of the Texas Historical Commission.
The non-governor appointed archeologists, historians, and historic architects,
will all serve two year terms that expire on February 1, of either odd or
even numbered years as determined by the committee. If the Governor does not
appoint a professional archeologist, architect, or historian to the Texas
Historical Commission, the committee will appoint such individuals to the
board and they will serve for a term of two years or until replaced by a Governor-appointee(s).
Specific duties of the board include providing recommendations on proposed
State Archeological Landmark designations, and in resolving disputes regarding
the issuance of Texas Antiquities Permits. The board shall convene immediately
prior to each quarterly meeting of the committee unless otherwise requested
by the board chair, and board meetings shall conform to the Texas Open Meetings
Act, Chapter 551 of the Texas Government Code and the Administrative Procedure
Act, Texas Government Code 2001. The recommendations of the board will be
brought to the committee by the board chair and/or one of the other committee
members who serves on the board and whose area of expertise is related to
the subject under consideration. The board will accomplish their specific
duties in the following manner.
(1)
Consider and discuss all proposed State Archeological
Landmark designations, and any non-adjudicative issues or dispute related
to Antiquities Permit issuance that are brought before them by the committee,
Archeology Division or Division of Architecture staff, members of the board,
or the public.
(2)
Function as preliminary mediators for the committee
unless otherwise directed by the committee, or refused by a complainant(s).
(3)
Vote on final recommendations related to appropriate
issues of concern, and present those recommendations to the committee.
(4)
Conflicts of interest.
(A)
Any member of the board who has a conflict of interest
related to an issue that comes before the board shall recuse himself/herself
from voting and participating in the discussion on that issue. Prior to any
deliberations concerning the issue in which a member of the Board has a conflict
of interest, the member with a conflict shall announce, for the record, that
such a conflict exists and physically absent and recuse himself/herself from
the decision-making process and not vote on that matter. Board minutes must
indicate which member recused himself/herself and the reason(s) for the recusal.
(B)
For the purpose of these rules a conflict of interest
would result if a vote by a member of the Board is likely to result in a financial
benefit or personal gain for the following individuals:
(i)
the member of the board:
(ii)
any person of the member's immediate family, which includes
spouse and any minor children; or
(iii)
a business partner of the member; or
(iv)
any organization for profit in which the member, or
any person of clauses (ii) and (iii) of this subparagraph, that is serving
or is about to serve as an officer, director, trustee, partner, or employee.
A financial benefit includes, but is not limited to, grant money, contract,
subcontract, royalty, commission, contingency, brokerage fee, gratuity, favor,
or any other things of real or potential value.
(5)
The Board shall follow parliamentary authority
according to Robert's Rules of Order, Newly Revised, except where specifically
provided for otherwise in these rules.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on July
30, 1999.
TRD-9904629
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Effective date: August 19, 1999
Proposal publication date: June 4, 1999
For further information, please call: (512) 463-5711