TITLE 13.CULTURAL RESOURCES

Part 2. TEXAS HISTORICAL COMMISSION

Chapter 15. ADMINISTRATION OF FEDERAL PROGRAMS

The Texas Historical Commission adopts amendments to §15.6 to update its Certified Local Government state procedures of Title 13, Part 2, Chapter 15 of the Texas Administrative Code with no changes made to the proposed text as published in the April 25, 2003, issue of the Texas Register (28 TexReg 3439).

Minor changes are needed to meet National Park Service requirements for the state Certified Local Government program in order to reflect various changes in the National Historic Preservation Act, in 36 CFR 61, and in the Historic Preservation Fund Grants Manual .

No comments were received regarding adoption of the amendments.

The amendments are adopted under Texas Government Code, §442.005(q) which authorizes the Texas Historical Commission to "adopt rules as it considers proper for the effective administration of this chapter." The amendments are also adopted under Texas Government Code, §442.005(t) which authorizes the Texas Historical Commission to "promote heritage tourism by assisting persons, including local governments, organizations, and individuals, in the preservation, enhancement, and promotion of heritage and cultural attractions in this state..."

Texas Government Code §442.005(t) is affected by the amendments.

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 August 8, 2003.

TRD-200304888

F. Lawerence Oaks

Executive Director

Texas Historical Commission

Effective date: August 28, 2003

Proposal publication date: April 25, 2003

For further information, please call: (512) 936-4323

Chapter 21. LOCAL HISTORY PROGRAMS

The Texas Historical Commission (THC) adopts the repeal of §§21.1-21.31, concerning the Museum Services, Official Texas Historical Marker, Historic Texas Cemetery and Awards programs, and adopts new §§21.1-21.3, 21.6-21.9, 21.12, 21.15 and 21.18 in its History Programs chapter. New §21.3 is adopted with changes to the proposed text as published in the June 6, 2003, issue of the Texas Register (28 TexReg 4383). New §§21.1, 21.2, 21.6-21.9, 21.12, 21.15 and 21.18 and the repeals of §§21.1-21.31 are adopted without changes and will not be republished.

The purpose of the repeals and new sections is to update and clarify the criteria for administering these programs to bring the rules in line with current procedures. The new sections change the age criteria for topics eligible for subject markers from 75 to 50 years; change the date an individual can be eligible for a marker or for mentioning in a marker inscription from 20 to 10 years after his or her death; allow the THC to adopt internal procedures for approval or rejection of marker applications; clarifies ownership of Official Texas Historical Markers by the State of Texas; and clarifies the scope of the museum services, cemetery preservation and awards programs.

No comments were received regarding adoption of the repeals and new sections.

13 TAC §§21.1 - 21.31

The repeals are adopted under the Government Code, Chapters 442.005 and 442.006, which authorizes THC to adopt rules to carry out its programs and to direct and coordinate the museum services, historical markers, Historic Texas Cemetery and Awards programs.

The repeals implement the Government Code, §442.005 and §442.006.

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 August 8, 2003.

TRD-200304939

F. Lawrence Oaks

Executive Director

Texas Historical Commission

Effective date: August 28, 2003

Proposal publication date: June 6, 2003