Part 2.
TEXAS HISTORICAL COMMISSION
Chapter 17.
STATE ARCHITECTURAL PROGRAMS
13 TAC §17.1
The Texas Historical Commission (THC) proposes an amendment
to §17.1 of Chapter 17 (Title 13, Part 2 of the Texas Administrative
Code) concerning the Preservation Trust Fund Grants and the Texas Preservation
Trust Fund.
The purpose of the proposed amendments are to more conveniently enable
grant recipients to be reimbursed for expenses incurred throughout the implementation
of the grant funded project, and/or to provide grants without the requirement
of matching funds or in-kind contributions for those projects that are deemed
exceptional preservation projects.
F. Lawerence Oaks, Executive Director, has determined that for the first
five-year period the amendement is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
amendment.
Mr. Oaks has also determined that for each year of the first five year
period that the amendment is in effect the public benefit anticipated as a
result of the amendment will be an increase in the number projects that can
apply for grants under the Texas Preservation Trust Fund. Additionally, Mr.
Oaks has determined that there will be no effect on small businesses.
Comments on the proposal may be submitted to F. Lawerence Oaks, Executive
Director, Texas Historical Commission, P.O. Box 12276, Austin, Texas 78711.
Comments will be accepted for 30 days after publication in the
Texas Register
.
The amendment is proposed under §442.005(q), Title 4 of
the Texas Government 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 articles, statutes or codes are affected by the proposed amendment.
§17.1.Preservation Trust Fund Grants.
(a) - (c)
(No change.)
(d)
Eligible match for grant assistance. Applicants eligible
to receive grant assistance shall provide a minimum of one dollar in cash
match to each state dollar for approved project costs. The commission
or the Executive Director upon designation by the commission
, by written
policy, may approve up to 50 percent in-kind match for projects involving
highly significant and endangered properties.
In exceptional circumstances
and upon recommendation by the Executive Director of the commission, the commission
may also waive the one to one cash match requirement completely, and/or approve
any combination of matching cash or in-kind contribution percentages that
the commission deems appropriate.
(e)
Grant applications.
(1)
An application schedule and
[
(2) - (4)
(No change.)
(f) - (h)
(No change.)
(i)
Grant reimbursement procedures.
(1)
(No change.)
(2)
All payment of grant funds shall be strictly on a reimbursement
basis. Reimbursement may be made after the competitive award of contract and
submission of proof of all incurred allowable expenses
in increments
of at least $2,500 or at least 10% of the total project cost, whichever is
greater; or according to a schedule as determined by the Executive Director
of the commission; or
[
(3) - (4)
(No change.)
(j) - (p)
(No change.)
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 May 21, 2003.
TRD-200303183
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Earliest possible date of adoption: July 6, 2003
For further information, please call: (512) 463-5711
The Texas Historical Commission (THC) proposes to repeal §§21.1-21.31,
concerning the Museum Services, Official Texas Historical Marker, Historic
Texas Cemetery and Awards programs, and proposes new §§21.1-21.3,
21.6-21.9, 21.12, 21.15 and 21.18 in its History Programs chapter. 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.
F. Lawerence Oaks, executive director, has determined that, for the first
five-year period the proposed sections are in effect, there are no fiscal
implications for state or local government as a result of enforcing or administering
the sections.
F. Lawerence Oaks also has determined that, for each year of the first
five years the sections are in effect, the public benefit anticipated as a
result of enforcing the sections is that individuals, organizations or county
historical commissions desiring to preserve their local history through these
programs increased opportunities to do so with the changes proposed. There
is no adverse economic effect on small or micro businesses, or on businesses
of any size, as a result of enforcing or administering the sections, because,
although there is a cost associated with obtaining an Official Texas Historical
Marker and registering a Historic Texas Cemetery, the programs are optional
and businesses are not required to participate in them. There is no anticipated
economic cost to persons who are required to comply with the proposed sections.
There is no anticipated effect on local employment in geographic areas affected
by these sections.
Questions about the content of this proposal may be directed to Cynthia
Beeman at (512) 463-5854 in THC's History Programs Division. Written comments
on the proposal may be submitted to Cynthia Beeman, History Programs Division,
Texas Historical Commission, P.O. Box 12276, Austin, Texas 78712-2276, within
30 days of publication in the Texas Register.
Under Section 2007.003(b) of the Government Code, THC has determined that
Chapter 2007 of the Government Code does not apply to these rules. Accordingly,
THC is not required to complete a takings impact assessment regarding these
rules.
13 TAC §§21.1 - 21.31
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Historical Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed 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, Sections 442.005 and 442.006.
§21.1.Oversight for Museum Services.
§21.2.Grant Program for History Museums.
§21.3.Winedale Museum Seminar.
§21.4.Museum On-Site Consultations.
§21.5.State Marker Review Board.
§21.6.Definition of Official Texas Historical Markers.
§21.7.Documentation.
§21.8.Permanent Archives.
§21.9.County Approval of Applications.
§21.10.Use of Emblems or Logos.
§21.11.Response Required of Applicant.
§21.12.Burden of Proof.
§21.13.Relative Weight of Data.
§21.14.Subject Marker Approval.
§21.15.Marking Individuals.
§21.16.Marking Events.
§21.17.Recorded Texas Historic Landmarks.
§21.18.Relocated Structures.
§21.19.Artificial Siding.
§21.20.Permanence of Recorded Texas Historic Landmark Designation.
§21.21.Restraints to Changes in Recorded Texas Historic Landmarks.
§21.22.Disposition of a Recorded Texas Historic Landmark Marker.
§21.23.Placement of Historical Markers.
§21.24.Relocation of Historical Markers.
§21.25.Significance of Marker Topics.
§21.26.Marker Inscriptions.
§21.27.Restraint on Including Owners or Restorers in Marker Text.
§21.28.Replacement of Markers.
§21.29.Owner's Permission.
§21.30.Historic Texas Cemetery.
§21.31.Awards.
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 May 20, 2003.
TRD-200303132
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Proposed date of adoption: July 25, 2003
For further information, please call: (512) 463-6100
Subchapter A. INTRODUCTION
13 TAC §§21.1 - 21.3
The new sections are proposed under the Government Code, Chapter
442, which authorizes THC to adopt rules to carry out its programs.
The new sections implement the Government Code, Sections 442.005 and 442.006.
§21.1.Object.
The Texas Historical Commission, hereafter referred to as the commission,
is specifically empowered to adopt reasonable rules and procedures concerning
the following programs: Official Texas Historical Marker, Historic Texas Cemetery,
Museum Services, Awards. These rules and procedures assure a degree of uniformity
and quality of these programs, as provided by the Government Code, §442.005
and §442.006.
§21.2.Scope.
The intent of these rules is to provide criteria by which the commission
will implement and administer the Official Texas Historical Marker, Historic
Texas Cemetery, Museum Services and Awards programs. These rules and procedures
are within the legal authority of the commission and can be defined through
the rulemaking authority of the commission.
§21.3.Definitions.
When used in this chapter, the following words or terms have the following
meanings unless the context indicates otherwise:
(1)
Official Texas Historical Marker. Official Texas Historical
Markers are those markers and plaques the Texas Historical Commission awards,
approves or administers. They include centennial markers the State of Texas
awarded in the 1930s; Civil War Centennial markers from the 1960s; and medallions
and markers the commission's predecessor, the Texas State Historical Survey
Committee, awarded.
(2)
Historical marker application. Historical marker application
means a current version of the commission's
Official
Texas Historical Marker Application Form
and all required supporting
documentation as required in §21.4 of this chapter (relating to Application
Requirements).
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 May 20, 2003.
TRD-200303133
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Proposed date of adoption: July 25, 2003
For further information, please call: (512) 463-6100
13 TAC §§21.6 - 21.9
The new sections are proposed under the Government Code, Chapter
442, which authorizes THC to adopt rules to carry out its programs.
The new sections implement the Government Code, Sections 442.005 and 442.006.
§21.6.Recorded Texas Historic Landmark Designation.
(a)
The commission may award the Recorded Texas Historic Landmark
(RTHL) designation to historic structures that meet criteria set forth in
this chapter.
(b)
The RTHL designation becomes effective upon approval by
the Texas Historical Commission.
(c)
Official Texas Historical Markers signify the RTHL designation;
designation comes only through application to and approval by the commission.
(d)
Once designated, properties are subject to provisions of
the Government Code, §442.006(f) and rules of the commission.
§21.7.Application Requirements.
(a)
Any individual, group or county historical commission may
apply to the commission for an Official Texas Historical Marker. The application
shall include:
(1)
a completed current Official Texas Historical Marker application
form;
(2)
a comprehensive research paper on the topic under consideration
that contains a narrative history including:
(A)
an introduction with historical background and broad historical
context of the topic under consideration;
(B)
a detailed chronological history that documents the complete
history of the topic; and
(C)
a concluding section that summarizes the history and addresses
the significance of the topic;
(3)
Reference notes. Facts contained in the research paper
that cannot be assumed to be common knowledge shall be documented with reference
notes, which can be footnotes, endnotes or parenthetical notes;
(4)
Bibliography of sources cited. A bibliography is a list
of all the sources used in researching the topic.
(A)
for published sources, the bibliography shall include information
on the author, title, publisher and date of publication.
(B)
for unpublished sources, the bibliography shall include
a description and date of the document, and the location of the collection
or record;
(C)
for oral history sources, the bibliography shall include
the name of the interviewer and the interviewee; the date of the interview;
the relevance of the interviewee to the topic under consideration; a statement
regarding existence and location of any related notes, transcripts and/or
recordings;
(5)
Map. A letter-size map indicating the proposed marker location;
(6)
Photographs.
(A)
For subject markers, the requirement is a current photograph
of the proposed marker location.
(B)
For Recorded Texas Historic Landmark markers, the photographic
requirements are:
(i)
at least one historic photograph of the structure under
review;
(ii)
one current photograph of each elevation of the exterior
of the structure; and
(iii)
additional photographs the commission staff may request
to facilitate determination of a structure's eligibility for designation.
(C)
For Historic Texas Cemetery markers, the requirements are:
(i)
a current photograph of the proposed marker location;
(ii)
at least one current photograph showing an overall view
of the cemetery; and
(iii)
photographs that document individual features referred
to in the application's narrative history;
(7)
Authorization. Permission is required for placement of
the marker, as indicated by the signature of the property owner;
(8)
County historical commission approval. The county historical
commission (CHC) must approve the application history, content and documentation.
If a county has no active CHC, the county judge's approval may be substituted;
and
(9)
Additional documentation.
(A)
Recorded Texas Historic Landmark markers also require:
(i)
letter-size floor plans delineating any alterations or
additions, with relevant dates, to the structure under consideration for designation
and relevant dates;
(ii)
a letter-size site plan showing the building or structure
under consideration, plus any outbuildings or other significant features,
such as landscaping; and
(iii)
the legal description of the property (lot and block
numbers; metes and bounds).
(B)
Historic Texas Cemetery markers also require proof of Historic
Texas Cemetery designation.
(b)
The Texas Historical Commission is the final arbiter on
all matters related to marker eligibility, inscriptions, titles and placement.
(c)
All materials submitted for an Official Texas Historical
Marker become the property of the Texas Historical Commission and part of
the permanent archival files of the agency, and are subject to the Texas Open
Records Act.
(d)
All Official Texas Historical Markers are the property
of the State of Texas and may be recalled by the commission.
§21.8.Criteria Considerations.
(a)
Subject markers. Subject markers may be awarded to topics
of local, state or national historical significance that meet the following
requirements:
(1)
Age. A topic commemorated with a subject marker must relate
to a time at least 50 years before the date of application, with the following
exceptions:
(A)
Individuals. An individual may be the topic of a marker
or be mentioned in a marker inscription 10 years after his or her death.
(B)
Events. If an event changed the course of state or local
history, that event may be eligible for a marker 30 years after its occurrence.
An event must have a specific beginning and ending date, and the overall history
of the topic under consideration must have concluded at least 30 years before
the date of application; debuts or founding dates of topics with continuing
history are not considered events.
(C)
Waiver of age requirement. The commission may waive the
age requirement for topics deemed exceptionally significant;
(2)
Historical significance. The narrative history must clearly
convey the significance of the topic. A topic is considered to have historical
significance if it had influence, effect or impact on the course of history
or cultural development; age alone does not determine significance.
(3)
Marker location. Subject markers must be placed at publicly
accessible sites that are relevant to the history being commemorated.
(b)
Recorded Texas Historic Landmark markers. Recorded Texas
Historic Landmark markers may be awarded to historic structures that meet
the following criteria:
(1)
Age. A structure may be eligible for the Recorded Texas
Historic Landmark marker 50 years after its date of construction. The commission
may waive the age requirement for structures deemed exceptionally significant;
(2)
Historical significance. The narrative history must clearly
convey the structure's historical significance. A structure is considered
to have historical significance if it had influence, effect or impact on the
course of history or cultural development; age alone does not determine significance.
(3)
Architectural integrity. The commission adheres to
(4)
Other considerations.
(A)
A structure that has been moved cannot be considered for
designation as a Recorded Texas Historic Landmark (RTHL).
(B)
A structure cannot be considered for RTHL designation if
artificial siding applied to its exterior within the preceding 50 years covers
or alters its historic architectural materials or features.
(C)
RTHL is a permanent legal designation and may not be removed
from the property in the event of a transfer of ownership or unauthorized
removal of the marker. The marker awarded to any designated structure remains
with that structure and may not be removed or displayed elsewhere unless the
Texas Historical Commission gives express approval for such action.
(D)
An RTHL marker must be located on or immediately adjacent
to the designated structure.
(E)
In accordance with provisions of the Government Code, §442.006(f),
if appreciable changes not properly approved by the Texas Historical Commission
are made to a designated structure, the Texas Historical Commission may withdraw
the designation and the marker.
(c)
Historic Texas Cemetery markers. A marker may be awarded
to a cemetery only if the commission has designated the cemetery as a Historic
Texas Cemetery. The marker must be located either at or immediately adjacent
to the designated cemetery.
§21.9.Application Evaluation Procedures.
The commission may adopt internal procedures governing evaluation for
approval or rejection of applications for Official Texas Historical Markers,
Recorded Texas Historic Landmarks or Historic Texas Cemetery designations.
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 May 21, 2003.
TRD-200303151
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Proposed date of adoption: July 25, 2003
For further information, please call: (512) 463-6100
13 TAC §21.12
The new section is proposed under the Government Code, Chapter
442, which authorizes THC to adopt rules to carry out its programs.
The new section implements the Government Code, Sections 442.005 and 442.006.
§21.12.Historic Texas Cemetery.
(a)
Cemeteries that are deemed worthy of recognition and preservation
for their historic associations are eligible for listing as a Historic Texas
Cemetery. The purpose of this listing is to alert the present and future owners
of the existence of the cemetery. Such cemeteries are eligible for this status
if established at least 50 years ago. The History Programs Committee may waive
the age requirement for cemeteries that are deemed to be exceptionally significant.
Listing as a Historic Texas Cemetery does not restrict in any way the private
owner's use of the land.
(b)
Any individual, organization, or agency may submit an application.
The Texas Historical Commission shall notify the owner of the property containing
the cemetery via certified mail about the proposed listing.
(c)
Applications for Historic Texas Cemetery listing are available
at the Commission. Completed applications, along with the processing fee of
$25 (twenty-five dollars), should be sent directly to the Commission for processing
and review. The Commission may request further documentation if necessary.
The burden of proof of the existence of the cemetery is on the applicant.
If the application is accepted for listing, the applicant and landowner will
be sent a Declaration of Dedication to be completed and filed with the appropriate
county clerk's office. Applications rejected because of ineligibility may
be reviewed by the History Programs Committee upon the request of the applicant.
The cemetery will be officially recognized as a Historic Texas Cemetery when
the applicant forwards proof of the recording of the Declaration of Dedication
from the appropriate county clerk's office.
(d)
Listing as a Historic Texas Cemetery must be based on complete
documentation of the cemetery's eligibility as outlined in the application
form available from the Commission. Examples of documentation that may be
required include deed and title, plot records, archival documents, photographs,
oral histories, remote sensing, and archeological data.
(e)
The Historic Texas Cemetery listing may be removed only
by action of the Commission or by an order of the court of proper jurisdiction
removing the dedication or permitting the removal of the cemetery and the
return of the land to other purposes. A transfer of ownership does not result
in a removal of the dedication.
(f)
A Historic Texas Cemetery may be further recognized with
an Official Historic Texas Cemetery Marker, available for purchase through
the Commission. The marker should be placed in accordance with §§21.7-21.9
of this title.
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 May 21, 2003.
TRD-200303152
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Proposed date of adoption: July 25, 2003
For further information, please call: (512) 463-6100
13 TAC §21.15
The new section is proposed under the Government Code, Chapter
442, which authorizes THC to adopt rules to carry out its programs.
The new section implements the Government Code, Sections 442.005 and 442.006.
§21.15.Museum Services.
(a)
All policies and procedures relating to museum services
and operation of the Sam Rayburn House Museum shall be determined by the Commission.
(b)
The Commission may establish a grant program to assist
small history museums in the State of Texas.
(1)
The conditions of eligibility, procedures for consideration,
and criteria for evaluating applications for such grants shall be determined
by the Commission and made available to members of the public.
(2)
Decisions on the grants shall be made by vote of the Commission
in a duly posted open meeting.
(3)
Grants shall be made without regard to the race, religion,
ethnicity, gender, political affiliation, or national origin of the applicant.
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 May 21, 2003.
TRD-200303153
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Proposed date of adoption: July 25, 2003
For further information, please call: (512) 463-6100
13 TAC §21.18
The new section is proposed under the Government Code, Chapter
442, which authorizes THC to adopt rules to carry out its programs.
The new section implements the Government Code, Sections 442.005 and 442.006.
§21.18.Awards.
(a)
The Commission may establish and present such awards and
prizes as it determines to be appropriate.
(b)
The conditions of eligibility, procedures for consideration,
and criteria for judging such awards shall be determined by the Commission
and made available to members of the public who may be interested in nominating
individuals or organizations for such awards.
(c)
Decisions on the awards shall be made by vote of the Commission
in a duly posted open meeting.
(d)
Awards shall be made without regard to the race, religion,
ethnicity, gender, political affiliation, or national origin of the nominee.
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 May 21, 2003.
TRD-200303154
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Proposed date of adoption: July 25, 2003
For further information, please call: (512) 463-6100
Application
] deadline
will be set by the commission,
[
is 5:00 p.m.
on June 1 of each year, or 5:00 p.m. of the last regular work day of May if
June 1 should fall on a weekend or holiday, or at other times as announced
by the Texas Historical Commission;
] application forms are to be received
by the commission at its offices by this deadline.
and corresponding payments totaling more
than 50% but less than 75% of the total project cost, and/or
] at the
completion of the project after an acceptable required completion report and/or
planning documents have been received by the commission.
Chapter 21.
LOCAL HISTORY PROGRAMS
Chapter 21.
HISTORY PROGRAMS
Subchapter B. OFFICIAL TEXAS HISTORICAL MARKER PROGRAM
Subchapter C. HISTORIC TEXAS CEMETERY PROGRAM
Subchapter D. MUSEUM SERVICES PROGRAM
Subchapter E. AWARDS PROGRAM
Chapter 24.
RESTRICTED CULTURAL RESOURCE INFORMATION