Part 2.
TEXAS HISTORICAL COMMISSION
Chapter 19.
TEXAS MAIN STREET PROJECT
13 TAC §§19.1 - 19.8
(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repeal will not be published.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 Texas Historical Commission (hereafter referred
to as the Commission) proposes the repeal of §§19.1 - 19.8 of Chapter
19 (Title 13, Part 2 of the Texas Administrative Code) concerning the Texas
Main Street Project. New §§19.1 - 9.5 will replace the repealed
sections and they are contemporaneously proposed in this issue of the
The repeal of these sections are being proposed in an effort to update
and modify existing rules associated with the Texas Main Street Project.
F. Lawerence Oaks, Executive Director, has determined that for the first
five-year period the repeals are in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
repeals.
Mr. Oaks has also determined that the public benefit for the first five
year period the repeals will be in effect is the administrative efficiency
created by removing obsolete provisions from the Texas Administrative Code.
There will be no effect on small businesses or individuals who are required
to comply with the repeals as proposed.
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 repeals are proposed under §442.005(q), Title 4, Chapter
442 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.
These repeals implement §442.014 of the Texas Government Code.
§19.1.Administration of the Project.
§19.2.The Interagency Council.
§19.3.Processing Applications for Designation as Main Street Cities.
§19.4.Qualification as a Self-initiated Main Street City.
§19.5.Assistance To Be Provided Qualifying Self-initiated Main Street Cities.
§19.6.Qualification as an Urban Main Street Program.
§19.7.Assistance To Be Provided to Qualifying Urban Main Street Cities.
§19.8.Assistance To Be Provided to Qualifying Self-initiated Urban Main Street Cities.
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 February 14, 2005.
TRD-200500685
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Earliest possible date of adoption: April 3, 2005
For further information, please call: (512) 463-1858
13 TAC §§19.1 - 19.5
The Texas Historical Commission (hereafter referred to as
the Commission) proposes the creation of new §§19.1 - 19.5 of Chapter
19 (Title 13, Part 2 of the Texas Administrative Code) concerning the Texas
Main Street Program.
The creation of these new sections is an effort to thoroughly update and
modify existing rules associated with the Texas Main Street Program. The existing
rules have been in effect for many years with few revisions and have been
augmented over the years as the program has developed. The existing rules
contain information that is inaccurate and outdated and were not straightforward
and easy to understand. It was apparent that the rules needed to be revisited
and rewritten in a comprehensive way so that they better complied with the
format of Texas Historical Commission rules. The proposed new rules address
the manner in which the program operates in a clear and concise fashion. Section
19.1 provides that the purpose of the Main Street Program is to provide assistance
to Texas Main Street cities. Section 19.2 provides that a system exists by
which the Commission may designate and provide assistance to Texas Main Street
cities. Section 19.3 provides for definitions used in the rules to explain
the different types of programs within the Texas Main Street Program as well
as other definitions relating to the program. Section 19.4 provides for the
application process and review as well as selection of Texas Main Street cities.
Section 19.5 provides for the assistance rendered to Texas Main Street cities
and any fees that may be associated with this assistance.
F. Lawerence Oaks, Executive Director, has determined that for the first
five-year period the new rules are in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
new rules.
Mr. Oaks has also determined that for each year of the first five year
period the new rules are in effect the public benefit anticipated will be
an increased efficiency and effectiveness in the implementation of the Texas
Administrative Code. There will be no effect on small businesses or individuals
required to comply with the new rules as proposed.
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 new rules are proposed under §442.005(q), Title 4, Chapter
442 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 statutes, articles, or codes are affected by the new rules.
§19.1.Object.
(a)
The Texas Historical Commission (Commission) is specifically
empowered to designate and provide assistance to Texas cities through the
Texas Main Street Program.
(b)
The mission of the Texas Main Street Center is to assist
Texas communities in the preservation and revitalization of historic downtowns
and commercial neighborhood districts in accordance with the National Main
Street Four Point Approach of organization, economic restructuring, design,
and promotion.
§19.2.Scope.
These rules provide a system by which the Commission may designate
and provide service to Texas Main Street cities. All applications, designations,
and services shall comply with these rules.
§19.3.Definitions.
When used in this chapter, the following words or terms have the following
meanings unless the context clearly indicates otherwise:
(1)
Texas Main Street Program--A program of the Texas Historical
Commission in which designated Texas Main Street cities receive assistance
for their historic, commercial buildings.
(2)
Texas Main Street City--Any city that has been officially
designated by the Texas Historical Commission as a participant in the Texas
Main Street Program.
(3)
Texas Main Street Small City--Main Street city with population
of 50,000 people or fewer.
(4)
Texas Main Street Urban City--Main Street city with population
greater than 50,000 people.
(5)
Texas Main Street Provisional City--A Main Street city
of any size that is not accepted upon first application submittal may participate
provisionally in the program, upon invitation, while application is resubmitted
the following year.
(6)
Texas Main Street Recertified City--A city that was formerly
in the program that has reapplied and been accepted to be a Main Street City.
(7)
Main Street Interagency Council--A council that evaluates
and ranks Main Street applications and makes recommendations to the Commission.
The composition of the Main Street Interagency Council is determined by the
Commission.
§19.4.Application to the Program.
(a)
Application to the program. Applications to the program
are due annually on the last working day of July or other dates established
by the Commission.
(b)
Eligibility. Cities with population of 50,000 or fewer
may apply to the Main Street Program. Cities with population of 50,001 or
greater may apply to the Urban Main Street Program. A city of not more than
65,000 in population that considers that it should qualify as a small city
may apply to the Commission to be considered as a small city. If the Commission
determines that the city has shown good cause to be considered as a small
city, it may allow the city to be designated as a Main Street city under the
rules for small cities. Cities of any population that are not accepted upon
the first application may be invited by the Commission to participate in the
Provisional Main Street Program.
(c)
Qualifications. Applications must demonstrate an acceptable
amount of historic commercial buildings, public sector support, community
and private sector support and meet any other requirements outlined in the
application guidelines.
(d)
Application guidelines. The Commission shall determine
the exact application guidelines and requirements each year and make them
available to cities in advance of the application deadline.
(e)
Review of Applications. The Main Street Interagency Council
shall review applications for designation as official Texas Main Street cities.
Recommendations from the Interagency Council and staff are forwarded to the
Commission for final selection.
(f)
Official selection. The Commission shall select Texas Main
Street cities by vote at a meeting of the Commission. Up to five cities per
year may be selected, subject to available resources.
(g)
Cities not selected. Cities not selected will be so notified
in writing by the state coordinator of the Texas Main Street Program. Such
cities will be given an evaluation of their application and reasons they were
not selected upon request.
§19.5.Assistance Provided.
(a)
Training. Each new Main Street City will receive at no
charge basic training for their Main Street manager at the beginning of the
program. All new Main Street boards will receive at no charge comprehensive
board training at the beginning of their city's Main Street Program. Additional
training and continuing education is available throughout a city's participation
in the Texas Main Street Program.
(b)
Technical assistance. Each Texas Main Street City receives
technical assistance and training in the areas of design, economic restructuring,
promotion and organization.
(c)
Main Street network. Each Texas Main Street City is eligible
to receive Texas Main Street publications and participate in Texas Main Street
networking opportunities.
(d)
Fees. Main Street small cities and provisional cities will
pay a fee for participation beyond the initial three years. Urban cities will
pay a fee for participation in the program. The amount of the fee is determined
by the Commission.
(e)
Main Street Status. In order to remain a Texas Main Street
City, the community must be certified on an annual basis by the Texas Main
Street office in Austin to confirm that the community meets all of the requirements
for designation.
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 February 14, 2005.
TRD-200500686
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Earliest possible date of adoption: April 3, 2005
For further information, please call: (512) 463-1858
Chapter 19.
TEXAS MAIN STREET PROGRAM
Chapter 29.
MANAGEMENT AND CARE OF ARTIFACTS AND COLLECTIONS