13 TAC §17.1
The new rule is proposed under Texas Government Code, §442.005(q)
which authorizes the Texas Historical Commission to promulgate rules to carry
out the intent of this chapter and associated legislative mandates.
Texas Government Code §442.015 is affected by the proposed new rule.
§17.1.Texas Preservation Trust Fund.
(a)
Definition. The Texas preservation trust fund (hereinafter
referred to as trust fund or fund) is a fund in the state treasury, created
by enactment of Senate Bill 294 by the 71st Texas Legislature (1989), which
amended the Texas Government Code, Chapter 442, by adding §442.015. The
trust fund shall consist of transfers made to the fund, including state and
federal legislative appropriations, grants, donations, proceeds of sales,
loan repayments, interest income earned by the fund, and any other monies
received. Funds may be received from federal, state, or local government sources,
organizations, charitable trusts and foundations, private individuals, business
or corporate entities, estates, or any other source.
(b)
Purpose. The purpose of the Texas preservation trust fund
is to serve as a source of funding for the Texas Historical Commission (Commission)
to provide financial assistance to qualified applicants for the acquisition,
survey, restoration, preservation, or for planning and educational activities
leading to the preservation, of historic properties and associated collections
in the State of Texas.
(c)
Types of assistance. Commission shall provide financial
assistance in the form of grants or loans. Grant recipients shall be required
to follow the terms and conditions of the Preservation Trust Fund Grants and
other terms and conditions imposed by Commission at the time of the grant
award. Loans shall have a term not to exceed five years at an interest rate
at the prime interest rate at the time the loan is made.
(d)
Allowable use of trust fund monies. In all cases when no
specification is made or the specified amount is less than $5,000 the proceeds
and/or interest on such gifts or monies shall be unencumbered and shall accrue
to the benefit of the entire fund. Money deposited to the fund for specific
projects shall only be used for the projects specified provided that the specific
project has received approval of the Commission, there is or will be a dedicated
account within the Trust Fund for that project, and all other requirements
herein are met. Money deposited to specified projects in amounts of $5,000
or greater shall retain all proceeds or interest earned for that specified
project unless the donor stipulates that all proceeds or interest earned shall
be unencumbered and accrue to the benefit of the entire fund.
(e)
Organization. The Texas preservation trust fund shall be
administered by the Commission through its Executive Committee. The trust
fund advisory board, and commission staff shall provide support and input
as needed.
(f)
All actions of the Executive Committee are subject to ratification
by the full Texas Historical Commission with the exception of emergency grants.
Duties of the Executive Committee are:
(1)
to approve all policies and guidelines for the administration
of the fund or any of its associated boards and committees;
(2)
to approve the acceptance of grants or other donations
of money, property, and/or services from any source. Money received shall
be deposited to the credit of the Texas preservation trust fund;
(3)
to provide final approval of all trust fund allocations
based on advisory board and commission staff recommendations.
(g)
Texas Preservation Trust Fund Advisory Board (hereinafter
referred to as advisory board) as established per Texas Government Code §442.015,
which created the Texas preservation trust fund. Members of the advisory board
shall serve a two-year term expiring on February 1 of each odd-numbered year.
Advisory board members may be reappointed. Advisory board members will continue
to serve until a new appointment is made or until reappointed. A member of
the advisory board is not entitled to compensation for his service, but is
entitled to reimbursement for reasonable expenses incurred while attending
advisory board meetings subject to any limit provided by the General Appropriations
Act. The advisory board shall meet annually in the fall of each year or at
other times as determined by the commission or Executive Director. Duties
of the advisory board are:
(1)
to make recommendations to the Commission through the Executive
Committee on all trust fund project allocations with the exception of emergency
grants, as per the trust fund statute;
(2)
to consult with and advise the Executive Committee and
Commission staff on matters relating to more efficient utilization or enhancement
of the trust fund in order to further the cause of historic preservation throughout
Texas; and
(3)
to provide advice and guidance in their respective area
of expertise.
(h)
Texas preservation trust fund staff. The executive director
of the Texas Historical Commission shall organize and supervise the staff
for the Texas preservation trust fund.
(i)
General provisions.
(1)
Code of conduct--The Commission Code of Conduct shall apply
to members of the advisory board.
(2)
Vacancies--Any vacancy on the advisory board may be filled
at any time in the same manner as the incumbent member was appointed.
(j)
Eligible property or projects. To be considered eligible
for grant assistance, a property or project must:
(1)
be included in the National Register of Historic Places;
or
(2)
be designated as a Recorded Texas Historic Landmark; or
(3)
be designated as a State Archeological Landmark; or
(4)
be determined by the commission to qualify as an eligible
property under criteria for inclusion in the National Register of Historic
Places or for designation as a Recorded Texas Historic Landmark or a State
Archeological Landmark;
(5)
be determined by the commission to qualify as an education
grant per subsection (n)(4) of this section; or
(6)
be determined by the commission to qualify as an eligible
curation management project.
(k)
Eligible Applicants: Any public or private entity that
is the owner, manager, lessee, maintainer, potential purchaser of an eligible
property, or any public or private entity whose purpose includes historic
preservation is eligible for fund assistance. If applicant is not the owner
of the eligible property, written approval must be submitted by the owner
at time of application agreeing to follow all rules and conditions of the
commission required for receipt of funds.
(l)
Grant applications.
(1)
Application schedules and deadlines will be set by the
commission. Application forms are to be received by the commission at its
offices by these deadlines.
(2)
To remain eligible for potential funding, applicants must
complete the grant application form and include all required attachments as
stated in the grant application instruction booklet.
(3)
Grant applications that are incomplete and/or received
after the application deadline are ineligible for funding.
(4)
Grant applications with budgets showing a high percentage
of administrative costs will be considered to be less competitive than applications
having little or no administrative costs.
(m)
Grant awards.
(1)
Grants are awarded on a competitive basis to eligible properties
or projects judged by the Commission to provide the best use of limited grant
funds or on an emergency basis for properties or collections deemed highly
significant and/or endangered by the Commission. The Executive Director, with
the approval of the Executive Committee or Commission, will have the authority
to award grants on an emergency basis in accordance with subsection (n)(5)
of this section.
(2)
Meeting the eligibility criteria and submissions of a grant
application does not guarantee award of a grant in any amount.
(3)
The commission may consider an appropriate distribution
of funds across geographic area, discipline, or type of preservation grant
when making awards.
(n)
Types of preservation grants. Preservation grants shall
be awarded only for:
(1)
architectural or archeological development ("preservation,"
"restoration," "rehabilitation," and "reconstruction," as defined by the Secretary
of the Interior's Standards for The Treatment of Historic Properties, latest
edition or Secretary of the Interior's Standards for Preservation Planning
and Standards for Archeological Documentation, latest edition); the costs
include professional fees to prepare an acceptable project proposal and supervise
actual construction, the costs of construction, and related expenses approved
by the commission; or
(2)
architectural or archeological acquisition of absolute
ownership of an eligible property (that is what is defined in subsection (j)
of this section) and related costs and professional fees approved by the commission;
or
(3)
planning costs necessary for the preparation of property
specific historic structure reports, historic or cultural resource reports,
preservation plans, maintenance studies, resource surveys, and/or feasibility
studies as approved by the commission; or
(4)
education costs necessary for training individuals and
organizations about historic resources and historic preservation techniques;
or.
(5)
emergency costs necessary for the acquisition, evaluation,
planning or repair of eligible property or projects as defined in subsection
(j) of this section, to reduce or eliminate an immediate threat, resulting
from a natural or man-made disaster. In consideration of the emergency nature,
the commission may develop and adopt policy and procedures to implement this
type of preservation grant with requirements separate from those in this rule.
(o)
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 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.
(p)
Initial grant allocations. Grants shall be allocated by
vote of the Commission at large upon the recommendation of the Executive Committee
at any duly noticed meeting of the commission. Reallocation of returned funds
may be made by the Executive Committee of the commission upon the recommendation
of the Executive Director of the commission.
(q)
Final grant approval.
(1)
Submission of project proposal, scope of work, or research
design.
(A)
For architectural projects to remain eligible for the grant
allocation, an acceptable project proposal, consistent with the Secretary
of the Interior's Standards for the Treatment of Historic Properties, latest
edition, and consisting of plans/specifications, appraisal, unexecuted contract
documents, and/or other material as required shall be submitted to the commission
for review and approval. An acceptable project proposal must be submitted
within three months of the allocation by the Commission unless otherwise approved
in writing by the commission.
(B)
For archeological projects to remain eligible for the grant
allocation, modifications to the scope of work and research design as required
by the commission shall be submitted to the commission for review and approval.
(C)
For educational projects to remain eligible for the grant
allocation, an acceptable project proposal must be submitted within three
months of the allocation by the Commission unless otherwise approved in writing
by the commission.
(D)
For planning projects to remain eligible for the grant
allocation, an acceptable project proposal must be submitted within three
months of the allocation by the Commission unless otherwise approved in writing
by the commission
(2)
Review and approval of project proposal, scope of work,
or research design. Upon completion of the review, approved projects will
be notified of the assigned project start date, as well as the project expenses
eligible for grant funding (allowable expenses) and those expenses not eligible
(unallowable expenses).
(3)
Commencement of project work. Project work as approved
shall commence within 90 days of the assigned start date unless otherwise
approved in writing by the commission. Approved project work may not begin
before the assigned project start date, except for planning work required
by the project proposal.
(4)
Forfeiture of grant allocation. Failure to comply with
the deadline for submission of an acceptable project proposal, or to meet
the deadline for starting the project work, or to perform any part of the
project work as approved, or to receive permission from the commission before
commencing additional work may result in forfeiture of the full grant amount.
(r)
Award of contract.
(1)
Architectural development grant projects. All project work
as approved in the project proposal shall be awarded subsequent to formal
advertising for bids or other method approved in writing by the commission.
(2)
Architectural planning grant projects. Contract for work
described in the approved project proposal shall be awarded subsequent to
interview with at least three professional firms, or other method approved
in writing by the commission.
(s)
Grant reimbursement procedures.
(1)
Reimbursement of allowable project expenses. The only expenditures
made before a start date that are reimbursable are for planning work required
by the project proposal after the initial grant allocation notification.
(2)
All payment of grant funds shall be strictly on a reimbursement
basis with the exception of emergency grants in accordance with subsection
(n)(5) of this section for which the Executive Committee or Commission may
determine other payment methods. 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 lesser; or according to a schedule as determined by the Executive
Director of the Commission; or at the completion of the project after an acceptable
required completion report and/or planning documents have been received by
the commission.
(3)
Deadline for submission of requests for reimbursement.
Allowable project expenses equal to two times the grant amount shall be incurred
by the deadlines announced by the commission. Proof of those incurred expenses
and corresponding payments shall be submitted to the commission by the deadlines
announced by the commission.
(4)
Forfeiture of grant. Failure to expend the full grant amount
by the deadlines as announced by the commission or to submit to the commission
all required material by the August 1 deadline or other deadline as announced
by the commission may result in forfeiture of the remaining grant amount unless
otherwise approved in writing by the commission.
(t)
Deed restrictions/designations/conservation easements.
Acquisition and development projects shall be encumbered, prior to reimbursement
of any project expenses, with a protective designation, deed restriction,
conservation easement (as defined in Title 8, Natural Resources Code, Chapter
183), or other appropriate covenants in favor of the state in a format acceptable
to the commission. The deed restriction shall run with the land, be enforceable
by the State of Texas, and its duration will be based upon the cumulative
amount of grant assistance. The terms of the deed restrictions/designations/conservation
easements shall be set by the commission.
(u)
Repayment penalty for resale of property within one year
of acquisition. If a property acquired with a preservation grant is sold within
one year of the purchase date, the project owner may be required to repay
the State of Texas the amount of the grant allocation.
(v)
Completion reports for acquisition and development projects.
Projects assisted with acquisition or development grants will be required
to submit a project completion report with copies as determined by the commission,
consisting of photo documentation and project summary prepared by the supervising
project professional, to the commission no later than deadlines announced
by the commission. Final reimbursement, in the amount of 10% of the grant
allocation may be retained until receipt of an acceptable completion report
by the commission.
(w)
Professional standards.
(1)
Project personnel for development and planning grants.
Project proposal documents for development and planning grants shall be prepared
by, and development work supervised by, appropriate personnel in compliance
with the following criteria except as otherwise approved by the Executive
Director:
(A)
History. The minimum professional qualifications in history
are a graduate degree in history or closely related field; or a bachelor's
degree in history or closely related field plus one of the following:
(i)
at least two years of full-time experience in research,
writing, teaching, interpretation, or other demonstrable professional activity
with an academic institution, historical organization or agency, museum, or
other professional institution; or
(ii)
substantial contribution through research and publication
to the body of scholarly knowledge in the field of history.
(B)
Archeology. The minimum professional qualifications in
archeology are a graduate degree in archeology, anthropology, or closely related
field plus:
(i)
at least one year of full-time professional experience
or equivalent specialized training in archeological research, administration,
or management of archeological collections;
(ii)
at least four months of supervised field and analytic
experience in general North American archeology; and
(iii)
demonstrated ability to carry research to completion.
(iv)
In addition to these minimum qualifications, a professional
in prehistoric archeology shall have at least one year of full-time professional
experience at a supervisory level in the study of archeological resources
of the prehistoric period. A professional in historic archeology shall have
at least one year of full-time professional experience at a supervisory level
in the study of archeological resources of the historic period.
(C)
Architectural history. The minimum professional qualifications
in architectural history are a graduate degree in architectural history, art
history, historic preservation, or closely related field plus one of the following:
(i)
at least two years of full-time experience in research,
writing, or teaching in American architectural history or restoration architecture
with an academic institution, historical organization or agency, museum, or
other professional institution; or
(ii)
substantial contribution through research and publication
to the body of scholarly knowledge in the field of American architectural
history.
(D)
Architecture. The minimum professional qualifications in
architecture are a professional degree in architecture plus at least two years
of full-time professional experience in architecture; or a state license to
practice architecture.
(2)
Project personnel for acquisition grants. The single appraisal
required for acquisition grants shall be prepared by a professional appraiser.
(3)
Project personnel for education projects shall be approved
by the Executive Director.
(x)
Performance standards. All development and planning projects
must be in conformance with the Secretary of the Interior's Standards for
the Treatment of Historic Properties, latest edition. All archeological projects
must be in conformance with the Secretary of the Interior's Standards for
Preservation Planning and Standards for Archeological Documentation, latest
edition.
(y)
Compliance with requirements for accessibility to facilities
by persons with disabilities. All projects must be in compliance with or in
receipt of appropriate variance from the regulations issued by the Texas Department
of Licensing and Regulation, under Texas Government Code Chapter 469, Elimination
of Architectural Barriers.
(z)
Compliance with Uniform Grant and Contract Management Act.
All projects by political subdivisions of the state must be in compliance
with the Uniform Grant and Contract Management Act, Texas Government Code
Chapter 783.
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 June 9, 2006.
TRD-200603140
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Earliest possible date of adoption: July 23, 2006
For further information, please call: (512) 463-8817