PART 2. TEXAS HISTORICAL COMMISSION
The Texas Historical Commission (Commission) proposes new Chapter 16, §16.3, relating to Addition of Historic Sites to Texas Historical Commission Historic Sites Program. The purpose of this section is to describe the circumstances under which the Texas Historical Commission may acquire new historic sites that will be administered by the Commission. The Commission will not accept properties into the Historic Site program strictly for preservation of the resource. Acquisition is based on a comprehensive evaluation of the property's ability to best serve the citizens of Texas as an interpreted site within the resources available to the Commission. The Commission operates a system of state historic sites as mandated by the Texas Legislature in House Bill 12 (Act of May 29, 2007, Chapter 1159, §§11 - 12, Regular Session, 80th Legislature). The Commission's mission is to protect and preserve the state's historic and prehistoric resources for the use, education and enjoyment and economic benefit of present and future generations.
F. Lawerence Oaks, Executive Director, has determined that for the first five-year period the rule is in effect there will not be fiscal implications for state or local governments 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 this new rule will be an orderly and well-defined program for the acquisition of new historic sites by the Commission. Additionally, Mr. Oaks has determined that there will be no effect on small or micro businesses. There will be no anticipated economic cost to persons who are required to comply with the rule 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 section is proposed under the Texas Government Code §442.005, which provides the Commission with authority to promulgate rules that will reasonably effect the purposes of this chapter, and Texas Government Code §442.075, which provides that the Commission may accept the transfer of additional historic sites.
No other code, article, or statute is affected by this proposal.
§16.3.Addition of Historic Sites to Texas Historical Commission Historic Sites Program.
(a) Criteria. Consideration for accepting a historic property for development as a Texas Historical Commission (Commission) historic site will be based on the following criteria:
(1) The property must have recognized statewide or national significance based on the standards of the National Register of Historic Places.
(2) The property should be able to provide interpretation of a significant theme or event of Texas history that is not fully represented by the Commission's existing historic sites or other historic sites accessible to the public. The Commission will strive to maintain a geographic, cultural and thematic balance in its program.
(3) The property should have exceptional integrity of location (including surrounding environment), design, material, setting, feeling, and association.
(4) The property should have appropriate collections (objects, manuscript material, artifacts) associated with the historic site or necessary artifacts related to the site's history and period of significance should be identified and available.
(5) The property must be appropriate for use as an interpretive museum or historic site, have high potential to attract and accommodate diverse and new audiences, and be accessible to travelers as well as to the local community.
(6) The property must be available without restrictions that would limit the Commission's options for preservation and interpretation as a historic site (for example, a life estate retained by the grantor, restrictions against future sale or conveyance, or limits on alterations deemed appropriate by Commission). The Commission encourages the use of easements or other restrictions to ensure the preservation of historic sites.
(7) Financial resources must be available or assured, including an endowment fund where appropriate, or sources of funding must be identified in a comprehensive funding plan to ensure the restoration, interpretation, development, long term operation and preservation of the site.
(8) The property must have the potential for strong supporting partnerships including community support.
(b) Evaluation Process. To evaluate the site against these criteria, Commission will follow a two-step process as follows.
(1) A staff committee will be appointed to conduct a preliminary review of the property with reference to the above criteria. The committee will make a recommendation to the Commission whether to proceed with the second step evaluation.
(2) Staff will obtain and use the following information:
(A) A description of the property, including land, structures and other features.
(B) A preliminary inventory of collections and equipment.
(C) A statement of significance or reference to its designation on the National Register of Historic Places/National Historic Landmark and an evaluation of the site's integrity.
(D) A statement from the current owner indicating a willingness to transfer the real and relevant personal property and the terms and conditions for such a transfer.
(E) Needed and available funding for development costs and continuing operational costs.
(F) Letters of support from interested parties, including an indication of willingness to create an appropriate support group.
(G) A statement identifying how the property would support the educational mission of the Historic Sites program to serve a broad and diverse audience.
(H) A preliminary estimate of the visitation and costs for development and operation of the site.
(3) Upon positive action by the Commission on the above recommendation, the staff will prepare or have prepared a management plan for the site including:
(A) Evaluation of the site, including buildings, support facilities, infrastructure (including roads, trails, utility service/water and sewer systems), landscape features, and collections.
(B) Merits of the proposed site compared to other sites in Texas that embody the same or similar historical or physical characteristics.
(C) Preservation and facility development needs.
(D) Costs and timeline for making the property available to the public.
(E) Any limitation on site development, such as environmental regulations and local restrictions (zoning, land use).
(F) Needed staffing and consultant services for development of the site.
(G) Needed staffing and services for operation of the site, including ongoing costs of preservation operation, and marketing.
(H) Business plan for the site identifying projected audience/annual visitation, sources of funds for all aspects of the program including available community support, potential to generate revenue, and endowment.
(4) This plan will be reviewed by a panel of experts including an independent Texas historian, museum professional, and expert in heritage tourism and their recommendation will be taken into consideration by the Commission to determine whether the property should be accepted.
(5) The decision to accept a site is within the sole discretion of the Commission, including determining whether acceptance of a property that meets all technical criteria is in the best interest of the State.
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 6, 2008.
TRD-200802904
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Earliest possible date of adoption: July 20, 2008
For further information, please call: (512) 463-6323