PART 2. TEXAS HISTORICAL COMMISSION
CHAPTER 11. ADMINISTRATIVE DEPARTMENT
The Texas Historical Commission (Commission) proposes new §11.13 (relating to Formal Bid Protest Procedures) to Title 13, Part 2, Chapter 11 of the Texas Administrative Code. The purpose of this section is to implement Texas Government Code §2155.076, which requires all state agencies to adopt bid protest procedures. The procedures to be adopted conform to the requirements of the statute and are consistent with the rules of the Comptroller of Public Accounts, which administers the State's purchasing program.
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 defined procedures and standards for any bid protests that are filed with 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 78711-2276. Comments will be accepted for 30 days after publication in the Texas Register.
The new rule 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 §552.275, which provides that governmental bodies may adopt rules on this subject.
No other codes, statutes, or articles are affected by this proposal.
§11.13.Formal Bid Protest Procedures.
(a) The purpose of this section is to provide an internal protest procedure to be used by any actual or prospective bidder, offeror, proposer, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract by the commission from a delegated procurement. The following procedures are available for persons or firms not awarded the contract pursuant to authority delegated to the Commission by the Comptroller of Public Accounts or by Texas Government Code, Chapters 2155 - 2158. These procedures are consistent with the rules of the Comptroller of Public Accounts insofar as such rules are applicable to an internal agency review.
(b) Any actual bidder or offeror who is aggrieved in connection with the award of a contract may formally protest the award of the contract by submitting a protest to the executive director in accordance with the procedures in this section.
(1) Any bid protest must be in writing and received in the care of the executive director within five working days after the bidder is notified that the award of a contract is forthcoming or otherwise knows, or should have known, of the occurrence of the action which is protested.
(2) Formal protests must conform to the requirements of and shall be resolved in accordance with the procedures set forth in this section.
(3) In the event of a timely protest, the commission shall consider the protest and reply in writing before proceeding with the solicitation or with the award of the contract unless the executive director makes a determination that the award of contract without delay is necessary to protect substantial interests of the state.
(4) If the executive director determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, the executive director shall inform the protesting party and other interested parties of that determination by letter. The letter shall set forth the reasons for the determination and may set forth any appropriate remedial action, which may include canceling or voiding the contract to the extent allowed by law.
(5) A bid or a bid protest that is not submitted in a timely manner is not eligible for consideration under this section.
(c) A formal protest shall be addressed to the executive director and must be sworn and contain the following:
(1) a specific identification of a statutory or regulatory provision(s) that the action complained of is alleged to have violated;
(2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this subsection;
(3) a precise statement of the relevant facts;
(4) an identification of the issue or issues to be resolved;
(5) argument and authorities in support of the protest; and
(6) a statement that copies of the protest have been mailed or delivered to all other identifiable interested parties. Upon request, the commission will furnish to the requestor a list of interested parties, as reflected in the records of the commission.
(d) The executive director may request additional information from the party submitting the protest, any other interested party, or commission staff.
(e) If the protest is not resolved by mutual agreement, the executive director will issue a written determination of the protest.
(1) If the executive director determines that no violation of rules or statutes has occurred, he shall so inform the protesting party by letter which sets forth the reasons for the determination.
(2) If the executive director determines that a violation of the rules or statutes has occurred, he shall so inform the protesting party by letter which sets forth the reasons for the determination and the appropriate remedial action.
(f) A decision by the executive director shall be the final administrative action.
(g) The commission will maintain all documentation about the purchasing process to be used in the event of a protest or appeal in accordance with the commission's record retention schedule.
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 20, 2009.
TRD-200900746
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Proposed date of adoption: April 15, 2009
For further information, please call: (512) 463-8817
The Texas Historical Commission (Commission) proposes new §11.14, Title 13, Part 2, Chapter 11 of the Texas Administrative Code relating to Negotiated Rulemaking and Alternative Dispute Resolution. The rule establishes a policy for the use of negotiated rulemaking methods in adopting rules of the Commission when the Commission determines that it is appropriate. The Deputy Director of the Commission is appointed as the negotiated rulemaking coordinator. The rule establishes a policy for the use of alternative dispute resolution methods to resolve internal and external disputes. The Deputy Director of the Commission is appointed as the alternative dispute resolution coordinator.
The Commission is required to adopt this rule by the Legislature, Texas Government Code, §442.023, which requires the adoption of negotiated rulemaking procedures under Texas Government Code, Chapter 2008, for the adoption of Commission rules; and appropriate alternative dispute resolution procedures under Texas Government Code, Chapter 2009, to assist in the resolution of internal and external disputes under the Commission's jurisdiction.
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 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 rule will be improved dispute resolution processes by the agency and increased use of negotiated rulemaking techniques. This should reduce the number of contested cases and other disputes affecting the agency. Additionally, Mr. Oaks has determined that there will be no effect on small and micro businesses. There will be no anticipated economic cost to persons who are required to comply with these rule amendments as proposed.
Comments on the proposal may be submitted to F. Lawerence Oaks, Executive Director, Texas Historical Commission, P.O. Box 12276, Austin, Texas 78711-2276. Comments will be accepted for 30 days after publication in the Texas Register.
The rule is proposed under the Texas Government Code §442.005(q), which provides the Commission with authority to promulgate rules that will reasonably effect the purposes of the chapter, and Texas Government Code §442.023, which requires the Commission to adopt a policy regarding negotiated rulemaking and alternative dispute resolution.
§11.14.Negotiated Rulemaking and Alternative Dispute Resolution.
(a) Negotiated rulemaking.
(1) The commission's policy is to encourage the use of negotiated rulemaking for the adoption of commission rules in appropriate situations.
(2) The commission's deputy director or his designee shall be the commission's negotiated rulemaking coordinator (NRC). The NRC shall perform the following functions, as required:
(A) coordinate the implementation of the policy set out in subsection (a)(1) of this section, and in accordance with the Negotiated Rulemaking Act, Chapter 2008, Government Code;
(B) serve as a resource for any staff training or education needed to implement negotiated rulemaking procedures; and,
(C) collect data to evaluate the effectiveness of negotiated rulemaking procedures implemented by the commission.
(3) The commission, its rules committee, or the executive director may direct the NRC to begin negotiated rulemaking procedures on a specified subject.
(b) Alternative Dispute Resolution (ADR).
(1) The commission's policy is to encourage the resolution and early settlement of internal and external disputes, including contested cases, through voluntary settlement processes, which may include any procedure or combination of procedures described by Chapter 154, Civil Practice and Remedies Code. Any ADR procedure used to resolve disputes before the commission shall comply with the requirements of Chapter 2009, Government Code, and any model guidelines for the use of ADR issued by the State Office of Administrative Hearings.
(2) The commission's deputy director or his designee shall be the commission's dispute resolution coordinator (DRC). The DRC shall perform the following functions, as required:
(A) coordinate the implementation of the policy set out in subsection (a) of this section;
(B) serve as a resource for any staff training or education needed to implement the ADR procedures; and
(C) collect data to evaluate the effectiveness of ADR procedures implemented by the commission.
(3) The commission, a committee of the commission, a respondent in a disciplinary matter pending before the commission, the executive director, or a commission employee engaged in a dispute with the executive director or another employee, may request that the contested matter be submitted to ADR. The request must be in writing, be addressed to the DRC, and state the issues to be determined. The person requesting ADR and the DRC will determine which method of ADR is most appropriate. If the person requesting ADR is the respondent in a disciplinary proceeding, the executive director shall determine if the commission will participate in ADR or proceed with the commission's normal disciplinary processes.
(4) Any costs associated with retaining an impartial third party mediator, moderator, facilitator, or arbitrator, shall be borne by the party requesting ADR.
(5) Agreements of the parties to ADR must be in writing and are enforceable in the same manner as any other written contract. Confidentiality of records and communications related to the subject matter of an ADR proceeding shall be governed by §154.073 of the Civil Practice and Remedies Code.
(6) If the ADR process does not result in an agreement, the matter shall be referred to the commission for other appropriate disposition.
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 20, 2009.
TRD-200900724
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Proposed date of adoption: April 15, 2009
For further information, please call: (512) 463-8817
The Texas Historical Commission (Commission) proposes to amend §15.3, Texas Administrative Code, Title 13, Part 2, Chapter 15, concerning State Board of Review/National Register. This amendment is being proposed to allow the State Historic Preservation Officer the authority to appoint a Texas advisor of the National Trust for Historic Preservation or, if the advisory member declines, to appoint a citizen member to the State Board of Review.
F. Lawerence Oaks, Executive Director, has determined that for the first five-year period the rules are in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the rules.
Mr. Oaks has also determined that for each year of the first five year period the rules are in effect the public benefit anticipated as a result of these rule amendments will be an increased efficiency and effectiveness in the implementation of the State Board of Review. There will also be no effect on small businesses or micro-businesses. There are no anticipated economic costs to persons who are required to comply with the 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 78711-2276. Comments will be accepted for 30 days after publication in the Texas Register.
The amendments are proposed under the Texas Government Code §442.005(q) which provides the Texas Historical Commission with the authority to promulgate rules and conditions to reasonably affect the purposes of the chapter. No other statutes, articles or codes are affected by this amendment.
§15.3.State Board of Review/National Register.
(a) Name. The name of this organization shall be the State Board of Review (hereafter referred to as the "board", "review board", or "board of review") for the National Register of Historic Places, Texas.
(b) Purpose. The purpose of this organization is to review and make recommendations to the state historic preservation officer regarding nominations from Texas to the National Register of Historic Places, and to perform other duties and responsibilities as prescribed in the Federal Register.
(c) Membership. The voting membership of the state
board of review shall consist of 11 Texas residents. The board shall
include one professional in the disciplines of history, prehistoric
archeology, and historic archeology, and two professionals each in
architectural history and architecture. All professional members shall
meet the minimum standards of professional qualifications as set forth
in the Federal Register (Part V: 36 Code of Federal Regulations Part
61, §61.4(e)) and verified by the state historic preservation
officer (state liaison officer). Professionals from closely related
fields are eligible to serve on the board of review in lieu of the
above specified professionals subject to the approval of the National
Park Service. [The senior appointed representative from Texas
serving as advisor to the National Trust for Historic Preservation
shall serve as an ex-officio, voting member of the board.]
Four [Three
] citizen members with a demonstrated interest,
competence, and knowledge in historic preservation will be selected
and shall serve as voting members. Whenever possible, one of
these members shall be selected from the appointed representatives
from Texas serving as advisors to the National Trust for Historic
Preservation.
(d) Appointments. Appointments to the State Board
of Review [state board of review] shall be upon
recommendation of the State Historic Preservation Officer and confirmed by
a majority vote of the Texas Historical Commission. The term
of office for board of review members shall be two years, with five
members to be appointed one year and six to be appointed on alternate
years. Terms shall begin October 1. Appointments by the Texas Historical
Commission to fill vacancies may occur at any time during the year.
No member of the State Board of Review [state board
of review] shall be appointed to more than three consecutive terms.
(e) Election and duties of officers. A chairperson, vice-chairperson, and secretary will be elected by the review board annually by a majority vote at the first meeting of each federal fiscal year. The chairperson shall perform such duties as are properly required of him or her by the board. He/she shall have general supervision of the affairs of the board, and shall have authority to interpret and carry out all policies established by its members. The vice-chairperson shall perform such duties as the board or chairperson directs, and shall preside in the absence of the chairperson. The secretary shall certify the minutes of all meetings of the board and shall perform other duties as may be prescribed by the chairperson or board. The secretary shall preside in the absence of both the chairperson and the vice-chairperson. The secretary shall complete an evaluation form for each nomination presented by staff at each board meeting. The form will become a part of the commission's permanent record of opinions and decisions by the board, and will be filed in the National Register programs office of the Texas Historical Commission.
(f) Meetings. Meetings of the State Board of Review [
state board of review] shall be held as many times per year
as prescribed in the Federal Register (Part V: 36 Code of Federal
Regulations Part 61, §61.4(e)) pertaining to the National Register
of Historic Places. Other meetings may be called by the chairperson
as needed. The majority of the membership shall constitute a quorum
and the chairperson shall vote only to break a tie. The chairperson
may appoint members to committees for specific purposes and committee
meetings may be required. Committee reports, if any, shall be given
to the full board. If the elected secretary is absent from a board
meeting, the chairperson shall appoint a member of the board to serve
as the secretary.
(g) Rules. The board of review shall adopt these written procedures as required by the federal guidelines for the National Register as published in the Federal Register (Part V: 36 Code of Federal Regulations Part 61, §61.4(e)). The adoption of, and amendments to, these rules shall be subject to approval and adoption as rules by the Texas Historical Commission.
(h) Code of conduct.
(1) No member of the State Board of Review [
state board of review] may vote upon the consideration of a
property for nomination to the National Register of Historic Places
if the member has a conflict of interest, real or potential, in that vote.
(2) A member of the board of review has a conflict of interest in such a vote if there is likely to be a financial benefit from the property being considered to any of the following:
(A) the member of the board of review; or
(B) any person of the member's immediate family, which includes spouse and any minor children; or
(C) a business partner of the member; or
(D) any organization for profit in which the member, or any person of subparagraphs (B) and (C) of this paragraph is serving or is about to serve as an officer, director, trustee, partner, or employee.
(3) A financial benefit includes, but is not limited to, grant money, contract, subcontract, royalty, commission, contingency, brokerage fee, gratuity, favor, or any other things of real or potential value.
(4) A member of the State Board of Review [state board of review
] who has a conflict of interest may not
participate as a private citizen in the deliberations concerning the
property being considered for nomination to the National Register.
(5) Prior to any deliberations concerning the property in which a member of the state board of review has a conflict of interest, the member with a conflict shall announce, for the record, that such a conflict exists and physically recuse himself/herself from the decision-making process and not vote directly, in absentia, or by proxy in that matter. Review board minutes must indicate which member recused himself/herself and the reasons for the recusal.
(6) The nomination of any property passed by the board of review in which a member of the board has announced a conflict of interest will be forwarded to the United States Department of the Interior with a request for an intensive review of that nomination.
(i) Conduct of meetings. Parliamentary authority shall be according to Robert's Rules of Order, Newly Revised, except where specifically provided for otherwise in these rules.
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 20, 2009.
TRD-200900765
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Earliest possible date of adoption: April 5, 2009
For further information, please call: (512) 463-8817
The Texas Historical Commission (Commission) proposes amendments to §21.7, relating to Application Requirements, and §21.9, relating to Application Evaluation Procedures, Title 13, Part 2, Chapter 21, History Programs. The purpose of the amendments is to implement changes for administering the Official Texas Historical Marker Program contained in Texas Government Code, §442.006(b) and (h), passed by the Legislature in House Bill 12, 80th Session, 2007. The amendments to §21.7 address the procedures and content of marker applications. The amendments to §21.9 address the criteria for ranking the marker applications and the scoring system the Commission will use. A limitation will be placed on the number of markers to be authorized each year through the use of these criteria.
F. Lawerence Oaks, Executive Director, has determined that, for the first five-year period the proposed sections are in effect, there are no fiscal implications for state or local government as a result of enforcing or administering the sections.
F. Lawerence Oaks also has determined that, for each year of the first five years the sections are in effect, the public benefit anticipated as a result of enforcing the sections is that individuals, organizations, or county historical commissions desiring to preserve their local history through these programs will have increased clarity and understanding of the goals of the historic marker program and greater clarity in meeting the requirements to obtain markers. There is no adverse economic effect on small or micro businesses, or on businesses of any size, as a result of enforcing or administering the sections; because, although there is a cost associated with obtaining an Official Texas Historical Marker, the program is optional and businesses are not required to participate in them. There is no anticipated economic cost to persons who are required to comply with the proposed sections. There is no anticipated effect on local employment in geographic areas affected by these sections.
Questions about the content of this proposal may be directed to Bratten Thomason at (512) 463-5854 in the Commission's History Programs Division. Written comments on the proposal may be submitted to: Bratten Thomason, History Programs Division, Texas Historical Commission, P.O. Box 12276, Austin, Texas 78711-2276, within 30 days of publication in the Texas Register.
Under §2007.003(b) of the Texas Government Code, the Commission has determined that Chapter 2007 of the Texas Government Code does not apply to these rules. Accordingly, the Commission is not required to complete a takings impact assessment regarding these rules.
SUBCHAPTER B. OFFICIAL TEXAS HISTORICAL MARKER PROGRAM
The revised sections are proposed under the Texas Government Code, §442.005(u), which authorizes the Commission to adopt rules to carry out its programs. The revised sections implement changes to Texas Government Code, §442.006. No other statutes are affected.
§21.7.Application Requirements.
(a) Any individual, group or county historical commission may apply to the commission for an Official Texas Historical Marker. The application shall include:
(1) a completed current Official Texas Historical Marker application form;
(2) supporting documentation as provided in program guidelines, criteria and procedures adopted by the commission.
(3) an application fee in the amount of $100.00.
(b) Historic Texas Cemetery markers. A marker may be awarded to a cemetery only if the commission has designated the cemetery as a Historic Texas Cemetery. See §21.12 of this chapter for information concerning Historic Texas Cemetery designation. The marker must be located either at or immediately adjacent to the designated cemetery.
(c) The following procedures shall be observed for the marker application process. Potential sponsors should check the commission web site at www.thc.state.tx.us for current information on the Official Texas Historical Marker Program.
(1) The sponsor must contact the county historical commission (CHC) to obtain a marker application form, to review basic program requirements and to discuss the county's review process and procedures, which differ from county to county. The commission does not mandate a specific review process at the county level, so the sponsor will need to work closely with the CHC to be sure all local concerns and procedures are addressed properly. The CHCs cannot send the application forward until they can certify that the history and the application have been adequately reviewed.
(2) CHC reviews the marker application for accuracy and significance, and either approves the application or works with the sponsor to develop additional information as necessary.
(3) CHC-approved applications are forwarded online as a Word document to the History Programs Division of the commission. Once the application is received by the commission, additional notifications and correspondence will be between the CHC contact and the commission staff contact only, unless otherwise noted.
(4) Commission staff makes a preliminary assessment to determine if the topic is eligible for review and if all required elements are included. The commission will notify the applicant through the CHC whether the application is accepted.
(5) Upon notification the application has been accepted for review, a $100 application fee is due within ten days.
(6) Eligible applications receive further review, and additional information may be requested via email. Failure to provide all requested materials as instructed within 45 days, unless a longer period is approved by the commission, will result in cancellation of the application.
(7) Commission staff and commissioners review applications and determine:
(A) eligibility for approval;
(B) size and type of marker for each topic; and
(C) priorities for work schedule on the approved applications.
(8) CHC and sponsor will be notified via email of approval and provided a payment form for the casting of the marker.
(9) The payment must be received in commission offices within 45 days or the application will be cancelled.
(10) Commission staff will write the marker inscription. One review copy will be provided via email to the CHC contact only for local distribution as needed. Inscription review is for accuracy of content only; the commission determines the content, wording, punctuation, phrasing, etc.
(A) Upon approval of the inscription, the CHC contact provides additional copies as necessary for committee, commission, or sponsor review and conveys a single response to the commission.
(B) Upon receipt of emailed approval by the CHC, the commission proceeds with the order.
(C) If changes recommended by the CHC are approved by the commission, staff will send a revised copy for content review. Because inscription reviews are for content only, only two reviews should be necessary to complete this step of the process. Additional requests for revisions are subject to approval by the commission, which will be the sole determiner of warranted requests for changes. Excessive requests for change, or delays in response, may, in the determination of the commission, result in cancellation of the order.
(D) Only the authorized CHC contact - chair or marker chair - can make the final approval of inscriptions at the county level. Final approval will be construed by the commission to mean concurrence by any interested parties, including the sponsor.
(11) After final approval, the order is sent to marker supplier for manufacturing. Subject to the terms of the commission vendor contract, only authorized commission staff may contact the manufacturer relative to any aspect of Official Texas Historical Markers, including those in process or previously approved.
(12) Commission staff reviews galley proofs of markers. With commission approval, manufacturing process proceeds. Manufacturer inspects, crates and ships completed markers and notifies commission, which in turn notifies CHC contact.
(13) With shipment notice, planning can begin on marker dedication ceremony, as needed, in conjunction with CHC, sponsors and other interested parties.
(14) Information on planning and conducting marker ceremonies is provided by the commission through its web site.
(15) Once the planning is complete, the CHC posts the information to the commission web site calendar.
(16) Commission staff enters marker information into the Texas Historic Sites Atlas at website atlas.thc.state.tx.us, an online inventory of marker information and inscriptions.
(d) Application content.
(1) Each marker application must address the criteria specified in §21.9 in sufficient detail to allow the commission to judge the merit of the application.
(2) Documentation. Each marker application must contain sufficient documentation to verify the assertions about the above criteria. If the claims in the application cannot be verified through documentation, the application will be rejected.
(e) Limitation of markers awarded.
(1) The commission will set a numerical limit on the number of markers that will be approved annually.
(2) No markers in excess of the limit may be approved except by vote of the commission to amend the limit.
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 20, 2009.
TRD-200900767
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Earliest possible date of adoption: April 5, 2009
For further information, please call: (512) 463-8817
The revised sections are proposed under the Texas Government Code, §442.005(u), which authorizes the Commission to adopt rules to carry out its programs. The revised sections implement changes to Texas Government Code, §442.006. No other statutes are affected.
§21.9.Application Evaluation Procedures.
(a) The commission adopts the following criteria [
may adopt internal procedures] governing
evaluation for approval or rejection of applications for Official
Texas Historical Markers, Recorded Texas Historic Landmarks (RTHLs),
or Historic Texas Cemetery designations.
(1) Age: Structures eligible for the RTHL designation and marker must be at least 50 years old. Older structures may be awarded additional weight.
(2) Historical significance: Architectural significance alone is not enough to qualify a structure for the RTHL designation. It must have an equally significant historical association, and that association can come from an event that occurred at the site; through individuals who owned or lived on the property; or, in the case of bridges, industrial plants, schoolhouses, and other non-residential properties, through documented significance to the larger community.
(3) Architectural significance: Structures deemed architecturally significant are outstanding examples of architectural history through design, materials, structural type or construction methods. In all cases, eligible architectural properties must display integrity; that is, the structure should be in a good state of repair, maintain its appearance from its period of significance and be considered an exemplary model of preservation. Architectural significance is often best determined by the relevance of the property to broader contexts, including geography. Any changes over the years should be compatible with original design and reflect compliance with accepted preservation practices, e.g., the Secretary of the Interior's Standards for Rehabilitation.
(4) State of repair: Structures not considered by the commission to be in a good state of repair are ineligible for RTHL designation. The commission reserves the sole right to make that determination relative to eligibility for RTHL markers.
(5) Diversity of topic for addressing gaps in historical marker program. This criterion addresses the extent to which topic relates to an aspect or area of Texas history that has not been well represented by the marker program.
(6) Value of topic as an undertold or untold aspect of Texas history. This criterion addresses the extent to which topic addresses undertold facets of Texas history and increases the diversity of history and cultures interpreted through the marker program.
(7) Endangerment level of property, site or topic. This criterion addresses the extent to which the property (RTHLs), site or story is in danger of being lost if its history and significance are not addressed through the marker program.
(8) CHC support and existing documentation. This criterion addresses the extent to which the CHC has shown strong support and partnership in developing the topic and the quality of the research and documentation for the application.
(9) Diversity among this group of candidates. This criterion addresses the extent to which this topic represents an undertold story of Texas history among the applications received during that year's marker cycle.
(10) Relevance to other commission programs. This criterion addresses the extent to which the topic coordinates with other significant programs and initiatives of the agency.
(b) Applications and topics with exceptional significance directly address established statewide themes, promote undertold stories of Texas history and have exceptional ability to educate the public on aspects of Texas history not fully addressed by the marker program. Applications and topics with high significance address statewide themes, promote undertold stories of Texas history and have some ability to educate the public on aspects of Texas history not fully addressed by the marker program. Applications and topics that meet requirements have been found to fulfill the basic application requirements and guidelines, relate to statewide themes but do not necessarily directly address topics that have not been widely addressed by the marker program. Applications and topics deemed not eligible do not relate to statewide themes and/or do not meet the basic program application requirements and guidelines. All markers must relate to the statewide themes established by the Commission. These themes are available on the Commission's website at www.thc.state.tx.us. From time to time the commission may establish thematic priorities for the marker program. Additional points will be awarded to projects falling within these priorities.
(c) The scoring system for ranking applications is as follows:
(1) 15 pts. max. Relevance to the commission's current thematic priorities;
(2) 10 pts. max. Value of topic as an undertold or untold aspect of Texas history;
(3) 10 pts. max. Endangerment level of property, site or topic;
(4) 10 pts. max. Age;
(5) 10 pts. max. Historical or architectural/site significance;
(6) 10 pts. max. Historical or architectural/site integrity (state of repair);
(7) 10 pts. max. Diversity of topic for addressing gaps in historical marker program;
(8) 10 pts. max. CHC support and existing documentation; and
(9) 10 pts. max. Diversity among this group of candidates; and
(10) 5 pts. max. Relevance to other commission programs.
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 20, 2009.
TRD-200900768
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Earliest possible date of adoption: April 5, 2009
For further information, please call: (512) 463-8817