Part 7.
STATE PRESERVATION BOARD
Chapter 111.
RULES AND REGULATIONS OF THE BOARD
13 TAC §111.5
The State Preservation Board adopts an amendment to §111.5,
concerning board meetings, without changes to the proposed text as published
in the October 15, 1999, issue of the
Texas Register
(24 TexReg 8829). The section is amended to delete the unnecessary
provision regarding special meetings. The section also incorporates the amendment
to the Government Code, §443.004(b).
The changes being made to this chapter are in accordance with the General
Appropriations Act, Article IX, §167, 75th Legislature, 1997. The proposed
rule review was published in the July 30, 1999, issue of the
Texas Register
(24 TexReg 5889).
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Government Code, §443.007(a)(7),
which authorizing the board to adopt rules concerning the buildings, their
contents, and their grounds.
No other statutes, articles or codes are affected by the adopted amendment.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 10, 2000.
TRD-200002514
Richard L. Crawford
Executive Director
State Preservation Board
Effective date: April 30, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 463-5495
13 TAC §111.13
The State Preservation Board adopts an amendment to §111.13,
concerning exhibitions and events in the Capitol Building, without changes
to the proposed text as published in the October 15, 1999, issue of the
The changes being made to this chapter are in accordance with the General
Appropriations Act, Article IX, §167, 75th Legislature, 1997. The proposed
rule review was published in the July 30, 1999, issue of the
Texas Register
(24 TexReg 5889).
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Government Code, §443.007(a)(7),
which authorizing the board to adopt rules concerning the buildings, their
contents, and their grounds.
No other statutes, articles or codes are affected by the adopted amendment.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 10, 2000.
TRD-200002515
Richard L. Crawford
Executive Director
State Preservation Board
Effective date: April 30, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 463-5495
13 TAC §111.14
The State Preservation Board adopts new §111.14, concerning
events in the Capitol and Capitol Extension, without changes to the proposed
text as published in the October 15, 1999, issue of the
Texas Register
(24 TexReg 8832). The adoption establishes a new rule
for regulating events in the Capitol and Capitol Extension. The new rule will
provide procedures for the public's use of the Capitol and Capitol Extension.
The changes being made to this chapter are in accordance with the General
Appropriations Act, Article IX, §167, 75th Legislature, 1997. The proposed
rule review was published in the July 30, 1999, issue of the
Texas Register
(24 TexReg 5889).
No comments were received regarding adoption of the new section.
The new section is adopted under the Government Code, §443.007(a)(7),
which authorizing the board to adopt rules concerning the buildings, their
contents, and their grounds.
No other statutes, articles or codes are affected by the adopted new section.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 10, 2000.
TRD-200002516
Richard L. Crawford
Executive Director
State Preservation Board
Effective date: April 30, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 463-5495
13 TAC §111.16
The State Preservation Board adopts an amendment to §111.16,
concerning changes to the Capitol Building, General Land Office Building,
and Grounds, without changes to the proposed text as published in the October
15, 1999, issue of the
Texas Register
(24
TexReg 8833). The amendment deletes references to the General Services Commission.
(House Bill 1 (General Appropriations Act), 75th Legislature, Regular Session
transferred maintenance and custodial services from General Services Commission
to the State Preservation Board.) The amendment also deletes outdated operating
procedures in subsection (d)(4).
The changes being made to this chapter are in accordance with the General
Appropriations Act, Article IX, §167, 75th Legislature, 1997. The proposed
rule review was published in the July 30, 1999, issue of the
Texas Register
(24 TexReg 5889).
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Government Code, §443.007(a)(7),
which authorizing the board to adopt rules concerning the buildings, their
contents, and their grounds.
No other statutes, articles or codes are affected by the adopted amendment.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 10, 2000.
TRD-200002517
Richard L. Crawford
Executive Director
State Preservation Board
Effective date: April 30, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 463-5495
13 TAC §111.17
The State Preservation Board adopts an amendment to §111.17,
concerning Capitol Collections Policy, without changes to the proposed text
as published in the October 15, 1999, issue of the
Texas Register
(24 TexReg 8834). The amendment removes all references
to the Permanent Advisory Committee (PAC) which was abolished in compliance
with SB 383 (73rd Regular Session); establishes a date on which the Collections
Review Committee (CRC) will automatically be abolished. The CRC may continue
in existence after September 1, 2002, only if the Board affirmatively votes
to continue the committee. The Collections Review Committee will continue
to operate under the guidelines currently established in the agency's rules.
Also, the amendment deletes an outdated procedure in subsection (f)(2) referencing
the capitol renovation.
The changes being made to this chapter are in accordance with the General
Appropriations Act, Article IX, §167, 75th Legislature, 1997. The proposed
rule review was published in the July 30, 1999, issue of the
Texas Register
(24 TexReg 5889).
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Government Code, §443.007(a)(7),
which authorizing the board to adopt rules concerning the buildings, their
contents, and their grounds.
No other statutes, articles or codes are affected by the adopted amendment.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 10, 2000.
TRD-200002518
Richard L. Crawford
Executive Director
State Preservation Board
Effective date: April 30, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 463-5495
13 TAC §111.18
The State Preservation Board adopts an amendment to §111.18,
concerning the Capitol Collections Management Manual, without changes to the
proposed text as published in the October 15, 1999, issue of the
Texas Register
(24 TexReg 8835). The amendment removes all references
to the Permanent Advisory Committee (PAC) which was abolished in compliance
with SB 383 (73rd Regular Session); deletes the reference to completion of
Capitol Interior Preservation Board under subsection (h)(4)(E), Documentation
of collections and deletes the reference to services provided by General Services
Commission, substituting Capitol police.
The changes being made to this chapter are in accordance with the General
Appropriations Act, Article IX, §167, 75th Legislature, 1997. The proposed
rule review was published in the July 30, 1999, issue of the
Texas Register
(24 TexReg 5889).
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Government Code, §443.007(a)(7),
which authorizing the board to adopt rules concerning the buildings, their
contents, and their grounds.
No other statutes, articles or codes are affected by the adopted amendment.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 10, 2000.
TRD-200002519
Richard L. Crawford
Executive Director
State Preservation Board
Effective date: April 30, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 463-5495
13 TAC §111.20
The State Preservation Board adopts an amendment to §111.20,
concerning use of Capitol Grounds, with changes to the proposed text as published
in the October 15, 1999, issue of the
Texas Register
(24 TexReg 8836). The amended rule is being republished because of
a correction to a structural problem in subsection (b). The amendment clarifies
and expands procedures for public events on the Capitol Grounds.
The changes being made to this chapter are in accordance with the General
Appropriations Act, Article IX, §167, 75th Legislature, 1997. The proposed
rule review was published in the July 30, 1999, issue of the
Texas Register
(24 TexReg 5889).
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Government Code, §443.007(a)(7),
which authorizing the board to adopt rules concerning the buildings, their
contents, and their grounds.
No other statutes, articles or codes are affected by the adopted amendment.
§111.20.Use of the Capitol Grounds.
(a)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise
(1)
Event--Any performance, ceremony, presentation, or activity
held on the grounds.
(2)
Public purpose--The promotion of the public health,
education, safety, morals, general welfare, security, and prosperity of all
of the inhabitants or residents within the state, the sovereign powers of
which are exercised to promote such public purpose or public business. The
chief test of what constitutes a public purpose is that the public generally
must have a direct interest in the purpose and the community at large is to
be benefitted. This does not include activities which promote a specific viewpoint
or issue and could be considered lobbying. Political rallies, receptions,
and campaign activities are prohibited on the Grounds.
(3)
Capitol grounds--The area within the historic cast
iron fencing; the area lying between the fencing and city streets that is
owned by the state; the esplanade just outside the east entrance to the Capitol
between the gateposts and San Jacinto Street; the Old General Land Office
Building grounds between 11th and 12th Streets and the Capitol's eastern iron
fence and the State Insurance Building; the area bordered by 11th Street to
the south, Colorado Street to the east, Lavaca Street to the west, and the
Westgate Building property to the north; property north of the Capitol bordered
by Colorado Street on the west, San Jacinto Street on the east and 15th Street
on the north, which is not occupied with other state buildings, or the Texas
Employment Workforce Commission Building property and accompanying terraces.
Street right-of-ways within these boundaries include 14th Street and Congress
Avenue.
(4)
State official sponsor--The Governor, the Lieutenant
Governor, the Speaker of the Texas House of Representatives, a Texas Senator,
or a member of the Texas House of Representatives.
(b)
Deposit for use of Capitol grounds. A deposit is required
from persons or entities that use the grounds of the Capitol for an event
or other scheduled activity. The deposit is in an amount set by the office
of the State Preservation Board designed to recover the estimated direct costs
to the state of the event or activity. The deposit is required in the office
of the State Preservation Board no later than 24 hours prior to the event.
The office of the State Preservation Board may deduct from the deposit:
(1)
the cost of damage to the grounds of the Capitol that directly
results from the event or other activity;
(2)
the costs of extra labor, materials, and utilities
directly attributable to the event or other activity; and
(3)
the costs of extra security requested by the person
or entity for the event or other activity.
(c)
Criteria for Approval of Grounds Events.
(1)
All Capitol grounds events will be approved and scheduled
by the office of the State Preservation Board upon the recommendation of a
state official sponsor as described in subsection (a)(4) of this section.
(2)
All events must have a clear public purpose as described
in subsection (a)(2) of this section.
(3)
An event of the grounds of the Capitol should not
exceed 3 hours in length.
(4)
Events will not be approved if they:
(A)
promote a commercial enterprise;
(B)
obstruct entrances or interrupt traffic flow through the
building;
(C)
obstruct the view of or access to fire fighting equipment,
fire alarm pull stations, or fire hydrants;
(D)
involve the use of flammable, hazardous or odorous chemicals
or materials;
(E)
involve use of signs or placards attached to objects that
might cause damage to the building or its contents.
(5)
Intended use may not interfere with any legislative
session or regular use of the grounds of the Capitol for transaction of state
business.
(6)
Sound equipment, chairs, podiums, tents, or other
equipment required for ceremonies, presentations, or performances must be
approved by the office of the State Preservation Board, but furnished and
installed by the requesting party. Installation approval is subject to inspection.
(7)
The State of Texas, the State Preservation Board,
or any employee of the State Preservation Board are not liable for any injury
which may occur to any person during any event on the Capitol grounds.
(8)
Security requirements other than that routinely provided
by Capitol police are the responsibility of the organizers; however, the office
of the State Preservation Board must approve any additional security arrangements.
(9)
Fund-raising on the premises is not allowed unless
the fund-raising directly benefits the Capitol or unless it is part of the
gubernatorial inaugural, or a similar event approved by the board, and the
funds are used to help defray the costs of the event.
(10)
With the exception of businesses authorized by the
State Preservation Board to operate in the Capitol, vendors and/or the promotion
of a commercial enterprise involving the exchange of money are prohibited.
(d)
Scheduling events.
(1)
No more than two events will be scheduled for the Capitol
grounds in one working day.
(2)
A written request to schedule an event on the Capitol
grounds must be received by the office of the State Preservation Board three
weeks before the date requested. Those requesting to schedule an event will
be notified within one week following the receipt of the request.
(3)
Requests must be accompanied by the State Preservation
Board event agreement form and be accompanied by:
(A)
a detailed description of the event, including equipment
and props to be used, and anticipated length and scope;
(B)
a brief statement of the purpose of the event;
(C)
the areas on the Capitol Grounds being requested for the
event;
(D)
a list of all electrical equipment and power requirements
for each piece of equipment;
(E)
a recommendation from the state official sponsor as described
in subsection (a)(4) of this section.
(4)
Incomplete requests will not be considered.
(5)
No signs or placards displayed or available for display
during the event may be carried into the Capitol building. No signs or placards
may be attached to any part of the Capitol, including but not limited to fences,
lampposts, trees, etc. except as approved by the board.
(6)
A properly approved and signed request to use the
grounds for a lawful public purpose shall constitute tacit acceptance by the
organizer of all legal and financial liability for any damage to state property,
or for any personal injury, caused by the described activity, or occurring
as the approximate result of the activity.
(7)
Approval shall not be granted when it is determined
from the request that physical damage to state property (including but not
limited to the Capitol's exterior walls, doors, windows or lighting, monuments,
fencing, lampposts, walkways, driveways, curbs, signage, irrigation system,
trees, grass, plants, or flower beds) may result from the described activity.
No torches, candles, or other open-flame illuminating devices or fires are
allowed for use on the grounds.
(8)
Upon completion of the event, organizers will be held
responsible for clean-up of the area. Any deposit will be refunded following
an inspection of the area to determine that the area has been adequately cleaned.
The organizer(s) may be present at this inspection by contacting the office
of the State Preservation Board.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on April 10, 2000.
TRD-200002520
Richard L. Crawford
Executive Director
State Preservation Board
Effective date: April 30, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 463-5495
13 TAC §111.21
The State Preservation Board adopts an amendment to §111.21,
concerning fire protection policy, without changes to the proposed text as
published in the October 15, 1999, issue of the
Texas Register
(24 TexReg 8838). The section amends the reference to
Commission on Fire Protection to State Fire Marshal's Office; modifies standard
procedure in subsection (c)(4) instructing Capitol fire marshal to advise
the executive director rather than the Board.
The changes being made to this chapter are in accordance with the General
Appropriations Act, Article IX, §167, 75th Legislature, 1997. The proposed
rule review was published in the July 30, 1999, issue of the
Texas Register
(24 TexReg 5889).
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Government Code, §443.007(a)(7),
which authorizing the board to adopt rules concerning the buildings, their
contents, and their grounds.
No other statutes, articles or codes are affected by the adopted amendment.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 10, 2000.
TRD-200002521
Richard L. Crawford
Executive Director
State Preservation Board
Effective date: April 30, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 463-5495
13 TAC §111.22
The State Preservation Board adopts an amendment to §111.22,
concerning definitions of Capitol Grounds, without changes to the proposed
text as published in the October 15, 1999, issue of the
Texas Register
(24 TexReg 8839). The section amends the identification
of the Texas Workforce Commission Building property.
The changes being made to this chapter are in accordance with the General
Appropriations Act, Article IX, §167, 75th Legislature, 1997. The proposed
rule review was published in the July 30, 1999, issue of the
Texas Register
(24 TexReg 5889).
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Government Code, §443.007(a)(7),
which authorizing the board to adopt rules concerning the buildings, their
contents, and their grounds.
No other statutes, articles or codes are affected by the adopted amendment.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 10, 2000.
TRD-200002522
Richard L. Crawford
Executive Director
State Preservation Board
Effective date: April 30, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 463-5495
13 TAC §111.23
The State Preservation Board adopts an amendment to §111.23,
concerning Fund-Raising Policy, without changes to the proposed text as published
in the October 15, 1999, issue of the
Texas Register
(24 TexReg 8839). The section is amended to delete dated language
referencing the Capitol Restoration Project. The amendment also deletes outdated
procedures for acknowledgments of contributions.
The changes being made to this chapter are in accordance with the General
Appropriations Act, Article IX, §167, 75th Legislature, 1997. The proposed
rule review was published in the July 30, 1999, issue of the
Texas Register
(24 TexReg 5889).
No comments were received regarding adoption.
The amendment is adopted under the Government Code, §443.007(a)(7),
which authorizing the board to adopt rules concerning the buildings, their
contents, and their grounds.
No other statutes, articles or codes are affected by the adopted amendment.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 10, 2000.
TRD-200002523
Richard L. Crawford
Executive Director
State Preservation Board
Effective date: April 30, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 463-5495
13 TAC §111.25
The State Preservation Board adopts an amendment to §111.25,
concerning Memorials/Monuments on the Capitol Grounds, without changes to
the proposed text as published in the October 15, 1999, issue of the
The changes being made to this chapter are in accordance with the General
Appropriations Act, Article IX, §167, 75th Legislature, 1997. The proposed
rule review was published in the July 30, 1999, issue of the
Texas Register
(24 TexReg 5889).
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Government Code, §443.007(a)(7),
which authorizing the board to adopt rules concerning the buildings, their
contents, and their grounds.
No other statutes, articles or codes are affected by the adopted amendment.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 10, 2000.
TRD-200002524
Richard L. Crawford
Executive Director
State Preservation Board
Effective date: April 30, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 463-5495
13 TAC §111.26
The State Preservation Board adopts an amendment to §111.26,
Use of Gift Shop Funds, without changes to the proposed text as published
in the October 15, 1999, issue of the
Texas Register
(24 TexReg 8841). The section is amended to clarify the definition
of gift shop revenues and to expand the purpose of the gift shop account.
The expanded language is authorized in the Government Code, Chapter 443.013.
The changes being made to this chapter are in accordance with the General
Appropriations Act, Article IX, §167, 75th Legislature, 1997. The proposed
rule review was published in the July 30, 1999, issue of the
Texas Register
(24 TexReg 5889).
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Government Code, §443.007(a)(7),
which authorizing the board to adopt rules concerning the buildings, their
contents, and their grounds.
No other statutes, articles or codes are affected by the adopted amendment.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 10, 2000.
TRD-200002525
Richard L. Crawford
Executive Director
State Preservation Board
Effective date: April 30, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 463-5495
13 TAC §111.27
The State Preservation Board adopts an amendment to §111.27,
concerning General Rules for Use of the Capitol, Capitol Extension, and Capitol
Grounds, without changes to the proposed text as published in the October
15, 1999, issue of the
Texas Register
(24
TexReg 8841). The amendment changes the reference of "garage" in subsection
(g) to "garages" to include both Extension parking garage and Capitol Visitors
Parking Garage authorized in the Government Code, Chapter 443.0151. The amendment
adds parking prohibition of TV satellite trucks on the Capitol drive.
The changes being made to this chapter are in accordance with the General
Appropriations Act, Article IX, §167, 75th Legislature, 1997. The proposed
rule review was published in the July 30, 1999, issue of the
Texas Register
(24 TexReg 5889).
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Government Code, §443.007(a)(7),
which authorizing the board to adopt rules concerning the buildings, their
contents, and their grounds.
No other statutes, articles or codes are affected by the adopted amendment.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 10, 2000.
TRD-200002526
Richard L. Crawford
Executive Director
State Preservation Board
Effective date: April 30, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 463-5495