Texas Register
. Any questions regarding these proposed
amendments should be directed to Mark H. Denton, at the same address, or by
calling (512) 463-5711.
The amendments are proposed under §442.005(q), Title 13
Part II of the Texas Government Code, and §191.052 of the Texas Natural
Resources 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 statues, articles, or codes are affected by these amendments.
These rule amendments implement §442.005(b) of the Texas Government
Code and §191.051 of the Texas Natural Resources Code.
§26.6. Antiquities Advisory Board.
As provided for by the 74th Texas Legislature, within Section 442.005(r)
of the Government Code of Texas (relating to the statutes of the Texas Historical
Commission), the committee is authorized to create an Antiquities Advisory
Board (hereafter referred to as the board). The board
will make recommendations
to the committee on issues related to the Antiquities Code of Texas, and the
chairman of the board will be appointed by the Chairman of the committee,
from either
[
will be chaired by
] the Governor-appointed professional
archeologist,
historian, or architect members
[
member
]
of the Texas Historical Commission [
,and will make recommendations to
the committee on issues related to the Antiquities Code of Texas
]. The
Vice Chair will be elected each year by the board from within their membership.
The board will also be composed of the following
nine
[
six
] membership positions:
a
[
the
] representative
of the Texas Archeological Society
who is nominated in consultation between
TAS and the committee, a representative
[
,the president
]
of the Council of Texas Archeologists
who is nominated in consultation
between CTA and the committee
, a state agency archeologist
who
is nominated in consultation between state agencies that employ archeologists
and the committee, two historians nominated by the committee from the disciplines
of Texas history, two historic architects nominated by the committee from
the disciplines of historic architecture,
[
a contract archeologist,
] the Governor-appointed professional
archeologist, historian,
and
architect
members
[
member
] of the [
Texas
Historical Commission, and the Governor-appointed professional historian member
of the
] Texas Historical Commission. [
The contract archeologist,
will be appointed by the committee, and will serve one three year term that
expires on February 1. The board will provide nominations to the committee
for the selection of the contract archeologist position.
] The
non-governor appointed archeologists, historians, and historic architects,
[
state agency archeologist,
] will
all
serve [
a
]
two
[
one
] year
terms
[
term
] that
expire
[
expires
]
on
February
1,
of either odd or even numbered years as determined by the committee
[
and the appointment must rotate between the state agencies that
have staff archeologists
]. If the Governor does not appoint a professional
archeologist, architect,
or
[
and
] historian to the Texas
Historical Commission, the committee will appoint such individuals to the
board and they will serve for a term of two years or until replaced by a Governor-appointee(s).
Specific duties of the board include providing recommendations on proposed
State Archeological Landmark designations, and in resolving disputes regarding
the issuance of Texas Antiquities Permits. The board shall convene immediately
prior to each quarterly meeting of the committee unless otherwise requested
by the board chair, and board meetings shall conform to the Texas Open Meetings
Act, Chapter 551 of the Texas Government Code and the Administrative Procedure
Act, Texas Government Code 2001. The recommendations of the board will be
brought to the committee by the board chair and/or one of the other committee
members who serves on the board and whose area of expertise is related to
the subject under consideration. The board will accomplish their specific
duties in the following manner.
(1)
Consider and discuss all proposed State Archeological
Landmark designations, and any non-adjudicative issues or dispute related
to Antiquities Permit issuance that are brought before them by the committee,
Archeology Division
[
Department of Antiquities Protection
]
or Division of Architecture staff, members of the board, or the public.
(2)
Function as preliminary mediators for the committee
unless otherwise directed by the committee, or refused by a complainant(s).
(3)
Vote on final recommendations related to appropriate
issues of concern, and present those recommendations to the committee.
(4)
Conflicts of interest.
(A)
Any member of the board
who
[
that
]
has a conflict of interest related to an issue that comes before the board
shall recuse himself/herself from voting
and participating in the discussion
on that issue. [
A member of the Board who has a conflict of interest
may respond to questions directed to them by seated members of the Board.
] Prior to any deliberations concerning the issue in which a member
of the Board has a conflict of interest, the member with a conflict shall
announce, for the record, that such a conflict exists and physically absent
and recuse himself/herself from the decision-making process and
not
[
neither
] vote
on
[directly, in absentia, nor by
proxy in
] that matter. Board minutes must indicate which member recused
himself/herself and the reason(s) for the recusal.
(B)
For the purpose of these rules a conflict of interest
would result if a vote by a member of the Board is likely to result in a financial
benefit or personal gain for the following individuals:
(i)
the member of the board;
(ii)
any person of the member's immediate family, which includes
spouse and any minor children; or
(iii)
a business partner of the member; or
(iv)
any organization for profit in which the member, or any
person of clauses (ii) and (iii) of this subparagraph, that is serving or
is about to serve as an officer, director, trustee, partner, or employee.
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.
(5)
The Board shall follow parliamentary authority
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
May 17, 1999.
TRD-9902857
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Earliest possible date of adoption: July 4, 1999
For further information, please call: (512) 463-5711