13 TAC §12.5, §12.7
The Texas Historical Commission adopts amendments to §12.5
and §12.7, related to the Texas Historic Courthouse Preservation Program
without changes to the text as published in the November 22, 2002, issue of
the
Texas Register
(27 TexReg 10837) and will
not be republished. Also in this issue of the
Texas
Register
the Texas Historical Commission is withdrawing §12.9.
These amendments are being adopted as a means of clarification and strengthening
requirements.
Comments on the proposed rule changes were received from the Texas Conference
of Urban Counties who commented on §12.9 (e) of the rules, that states
"As a condition for a county to receive money under the courthouse fund, the
commission must require creation of a conservation easement on the property
with a minimum term of 50 years, 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 in perpetuity at the
time of application." The Texas Conference of Urban Counties is concerned
that the proposed mandatory easement period is too long.
These amendments are adopted under Texas Government Code, §442.005
(q) which authorized the Texas Historical Commission to promulgate rules to
carry out the intent of this chapter.
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 March 10, 2003.
TRD-200301657
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Effective date: March 30, 2003
Proposal publication date: November 22, 2002
For further information, please call: (512) 463-6100