Part 2. TEXAS HISTORICAL COMMISSION

Chapter 12. TEXAS HISTORIC COURTHOUSE PRESERVATION PROGRAM

13 TAC §12.5

The Texas Historical Commission proposes amendments to §12.5, to decide on important issues on the courthouse program administration for the coming biennium. This change will streamline and provide the broadest flexibility of allocating grant funds.

F. Lawerence Oaks, Executive Director, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

Mr. Oaks has also determined that for each year of the first five year period the rule is in effect, the public benefit anticipated as a result of administering the rule will be that more grants will be able to be funded.

There will be no effect on small business. There is no anticipated economic cost to the persons who are required to comply with the rule as proposed.

Written comments on the amended rule proposal may be submitted to Kimberly Gamble, Texas Register Liaison, Texas Historical Commission, P.O. Box 12276, Austin, Texas 78711-2276. All comments will be accepted for 30 days after the date of publication in the Texas Register .

These amendments are 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 §442.0081 is affected by the proposed amendments.

§12.5.Definitions.

When used in this chapter, the following words or terms have the following meanings unless the context indicates otherwise.

(1) Texas Historic Courthouse Preservation Program. Means the grant or loan program created by Texas Government Code, Chapter 442, §442.0081-83 [ the enactment of HB 1341 by the 76th Texas Legislature (1999) ].

(2) - (11) (No change.)

(12) Match requirement. Means the percentage of the total [ grant ] project cost that must be provided by a county [ in the form of a prior capital expenditures match, prior in kind match, current cash match, current in kind match, or planning match ].

[ (13) Prior capital expenditures match. Means monies previously spent by a county for past courthouse preservation projects in the 30 month period prior to the date of application, excluding monies required to match a previous Texas Historical Commission.]

[ (14) Prior in-kind match. Means materials donated to a county for past courthouse preservation projects in the 30 month period prior to the date of application.]

(13) [ (15) ] Current cash match. Means monies to be paid by a county as part of the preservation project described in a current request for grant or loan funding.

(14) [ (16) ] Current in-kind match. Materials and labor to be donated as part of the preservation project described in a current request for grant or loan funding.

(15) [ (17) ] Planning match. Means county monies spent on an approved master preservation plan or approved construction plans and specifications .

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 March 6, 2006.

TRD-200601417

F. Lawerence Oaks

Executive Director

Texas Historical Commission

Earliest possible date of adoption: April 16, 2006

For further information, please call: (512) 463-8817

13 TAC §12.7

The Texas Historical Commission proposes amendments to §12.7, to decide on important issues on the courthouse program administration for the coming biennium. This change will streamline and provide the broadest flexibility of allocating grant funds.

F. Lawerence Oaks, Executive Director, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

Mr. Oaks has also determined that for each year of the first five year period the rule is in effect, the public benefit anticipated as a result of administering the rule will be that more grants will be able to be funded.

There will be no effect on small business. There is no anticipated economic cost to the persons who are required to comply with the rule as proposed.

Written comments on the amended rule proposal may be submitted to Kimberly Gamble, Texas Register Liaison, Texas Historical Commission, P.O. Box 12276, Austin, Texas 78711-2276. All comments will be accepted for 30 days after the publication in the Texas Register .

These amendments are 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 §442.0081 is affected by the proposed amendments.

§12.7.Grant or Loan Program.

(a) (No change.)

(b) Master plan requirement. In order to be eligible for funding, a county must have [ completed ] a current master preservation plan approved by [ , completed or updated in the 30-month period prior to the date of application, and received approval of the plan from ] the commission. The Commission may require an outdated master plan be updated prior to the date of application or a before a grant or loan is approved.

(c) (No change.)

(d) Match for grant or loan assistance. Applicants eligible to receive grant or loan assistance must provide a minimum of 15% of the total project cost or other match requirements as determined by the commission. Credit toward match may be given for county's prior planning costs, such as those involved with preparing an approved master plan or approved construction plans and specifications for the project. Not less than one half of the match must be derived from current cash match and/or planning match. [ , of which not more than one half of the match may be derived from prior capital expenditures, prior in-kind match, and current in-kind match, and not less than one half of the match must be derived from current cash match and/or planning match. Prior capital expenditure and prior in-kind matches constitute credit for commission approved capital and planning expenditures during the 30-month period prior to the date of application. ]

(e) Allowable use of grant or loan monies.

(1) A county that receives money under the courthouse program must use the money only for preservation, reconstruction, rehabilitation, [ and ] restoration or other expenses that the commission determines eligible.

(2) (No change.)

(3) Individual grants or loans may not exceed $6 (six) [ $4 ] million and the cumulative total may not exceed $6 million to any one county .

(4) The commission may grant a different [ less than the ] amount than requested in a courthouse grant application.

(f) (No change.)

(g) Advisory Committee.

(1) The Commission may appoint Advisory Committees or other working groups [ The purpose of the advisory committee is ] to advise the commission on matters related to the Texas Historic Courthouse Preservation Program including courthouse maintenance .

(2) The Commission may consider the following when selecting members of an advisory committee or working group [ The advisory committee shall consist of ]:

(A) geographic diversity; [ members from the different geographical areas of the state ];

(B) population; [ an equal number of members from counties with a population of: ]

[ (i) 24,999 or less;]

[ (ii) 25,000 to 75,000; and]

[ (iii) 75,001 or more; and]

(C) area of expertise; and/or [ at least the following members: ]

[ (i) one or more elected county officials;]

[ (ii) one or more members of historical organizations or persons with knowledge of and experience in preservation who are not elected county officials; and]

[ (iii) one or more members of the general public who do not meet the requirements of (C)(i) or (C)(ii) of this subchapter.]

(D) representation of the public interest.

[ (3) The advisory committee shall meet annually, or as directed by the commission, to discuss issues related to paragraph (g)(1) of this section and provide a report in written form or in other formats as determined by the commission, at a regularly scheduled commission meeting, or at times as otherwise determined by the agency.]

[ (4) The advisory committee shall be abolished on August 31, 2003, unless specifically continued by an affirmative vote of the commission.]

(h) - (i) (No change.)

(j) Grants for Construction Plans and Specifications:

(1) (No change.)

(2) A county receiving a grant for completing plans and specifications must apply for a construction grant from this program at the next grant program funding opportunity following THC acceptance of the complete plans and specifications. The county [ county's grant application ] must provide at least an equal level of commitment [ preservation commitments ] to program components as provided in their previous funding applications. If a construction grant is awarded, the county must go forward with construction of the courthouse project so funded. If a grant is not awarded, the county must continue to apply for construction grants and make a good-faith effort to receive the grant when subsequent opportunities arise.

(3) - (4) (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 March 6, 2006.

TRD-200601418

F. Lawerence Oaks

Executive Director

Texas Historical Commission

Earliest possible date of adoption: April 16, 2006

For further information, please call: (512) 463-8817

13 TAC §12.9

The Texas Historical Commission proposes amendments to §12.9, to decide on important issues on the courthouse program administration for the coming biennium. This change will streamline and provide the broadest flexibility of allocating grant funds.

F. Lawerence Oaks, Executive Director, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

Mr. Oaks has also determined that for each year of the first five year period the rule is in effect, the public benefit anticipated as a result of administering the rule will be that more grants will be able to be funded.

There will be no effect on small business. There is no anticipated economic cost to the persons who are required to comply with the rule as proposed.

Written comments on the amended rule proposal may be submitted to Kimberly Gamble, Texas Register Liaison, Texas Historical Commission, P.O. Box 12276, Austin, Texas 78711-2276. All comments will be accepted for 30 days after the publication in the Texas Register .

These amendments are 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 §442.0081 is affected by the proposed amendments.

§12.9.Application Requirements and Considerations.

(a) A county that owns a historic courthouse may apply to the commission for a grant or loan for a historic courthouse project. The application must include:

(1) - (2) (No change.)

(3) a statement of the amount of money and [ or ] in-kind contributions that the county commits to contribute to the project;

(4) a statement of previous county monies spent on planning which [ allowable money or in-kind contribution ] the county may be allowed as credit toward [ will use for ] their match;

(5) (No change.)

(6) copies of any plans, including the required master preservation plan or construction plans and specifications , that the county may have for the project unless the commission already has these plans on file ;

(7) - (10) (No change.)

(b) The Texas Historic Courthouse Preservation Program will be a competitive process, with applications evaluated and grants awarded based on the factors provided in this section, including the amount of program money for grants.

(1) Funding requests may be reduced by the commission to reflect ineligible project costs or smaller scopes or phases of work such as planning for the construction work.

(2) The commission may adjust the amount of a previously awarded grant up and/or down based on the changing conditions of the property and the program.

(c) In considering whether to grant an application, the commission will assign weights to and consider each of the following factors:

(1) - (5) (No change.)

(6) the county agrees to place/extend a preservation easement/ covenant and/or deed restriction as part of the grant process;

(7) - (10) (No change.)

(11) if a county submits completed and Commission-approved construction [ complete ] plans and specifications for proposed work at the time of the application, provided the plans and specifications comply with the previously approved master plan;

(12) - (21) (No change.)

(d) - (e) (No change.)

(f) The commission shall provide oversight of historic courthouse projects.

(1) The commission may make periodic inspections of the projects during construction and/or upon and following completion to ensure compliance with program rules and procedures.

(2) - (3) (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 March 6, 2006.

TRD-200601419

F. Lawerence Oaks

Executive Director

Texas Historical Commission

Earliest possible date of adoption: April 16, 2006

For further information, please call: (512) 463-8817