Part 2. TEXAS HISTORICAL COMMISSION

Chapter 11. ADMINISTRATIVE DEPARTMENT

13 TAC §11.11

The Texas Historical Commission (THC) proposes new §11.11, relating to Restrictions on Assignment of Vehicles.

The THC is proposing the new section so that it may contain rules that govern the assignment and use of the agency's vehicles. The proposed new §11.11 relating to Property Accountability with the proposed new section is in response to House Bill 3125, 76th Legislature, 1999 that required the General Services Commission and the Council on Competitive Government to develop a plan for improving the administration and operation of the state's vehicles. The bill further requires each state agency to adopt rules, consistent with the plan, relating to the assignment and use of the agency's vehicles. Section 11.11 is necessary to comply with House Bill 3125.

Penny Black, Chief Financial Officer, has determined that for the first five-year period, the new sections are in effect, there will be no fiscal implications for state or local governments as a result of encoring or administering the new sections. There are no anticipated economic costs for persons required to comply with the sections as proposed. There will be no significant impact on local economies or overall employment as a result of enforcing or administering the new sections.

Penny Black has also determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing or administering the new sections will be to ensure the efficient use of state resources for solely legitimate business purposes. There will be no effect on small business and there is no anticipated economic cost to persons who are required to comply with the rule as proposed.

Written comments on the proposed new chapter and sections may be submitted to Kimberly Gamble, Texas Register Liaison, P.O. Box 12276, Austin, Texas 78711. All comments must be received within 30 days of publication.

The new section is proposed under Cultural Resources Code, §442.005 that provides the Texas Historical Commission with the authority to establish rules for the conduct of the work of the Texas Historical Commission. The proposed new § 11.11 relating to Property Accountability with the proposed new section is proposed under Government Code, §2171.1045, which requires the THC to adopt rules relating to the assignment and use of THC vehicles.

No statutes, articles or codes are affected by the proposed new chapter, subchapters or sections.

§11.11.Restrictions on Assignment of Vehicles.

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) THC--The Texas Historical Commission

(2) Executive Director--The Executive Director of the Texas Historical Commission of Texas or the Executive Director's designee not below the level of division director.

(b) Motor pool. Each THC vehicle, with the exception of a vehicle assigned to a field employee, will be assigned to the THC motor pool and is available for checkout.

(c) Regular vehicle assignment. The THC may assign a vehicle to an individual administrative or executive employee on a regular or everyday basis only if the Executive Director makes a documented finding that the assignment is critical to the needs and mission of the department.

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 August 3, 2001.

TRD-200104458

F. Lawerence Oaks

Executive Director

Texas Historical Commission

Earliest possible date of adoption: September 16, 2001

For further information, please call: (512) 463-6100

13 TAC §11.12

The Texas Historical Commission (THC) proposes new §11.12, concerning Memorandum of Understanding with the Texas Department of Economic Development, the Texas Department of Transportation, the Texas Parks and Wildlife Department, the Texas Commission on the Arts and the Texas Historical Commission.

Government Code, §481.028, requires the Texas Department of Economic Development to develop a memorandum of understanding with the Texas Department of Transportation (TxDOT), and the Texas Parks and Wildlife Department to cooperate in marketing and promoting Texas as a travel destination and provide services to travelers, and requires each agency to adopt the MOU by rule. This section adopts by reference the provision of the MOU proposed by the Texas Department of Economic Development and published in the December 29, 2000, issue of the Texas Register (25 TexReg 12878). The Texas Department of Economic Development adopted the rule in the March 9, 2001, issue of the Texas Register (26 TexReg 2017).

Mr. Terry Colley, Deputy Executive Director, Texas Historical Commission, has determined that for the first five-year period, the new sections are in effect, there will be no fiscal implications for state or local governments as a result of encoring or administering the new sections. There are no anticipated economic costs for persons required to comply with the sections as proposed. There will be no significant impact on local economies or overall employment as a result of enforcing or administering the new sections.

Terry Colley has also determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing or administering the new sections will be to ensure the efficient use of state resources for solely legitimate business purposes. There will be no effect on small business and there is no anticipated economic cost to persons who are required to comply with the rule as proposed.

Written comments on the proposed new chapter and sections may be submitted to Kimberly Gamble, Texas Register Liaison, P.O. Box 12276, Austin, Texas 78711. All comments must be received within 30 days of publication.

The new section is proposed under the Government Code, §442.005, which provided the Texas Historical Commission with the authority to establish rules for the conduct of the work of the Texas Historical Commission.

No other statute, code, or article is affected by this proposal.

§11.12.Memorandum of Understanding with the Texas Department of Economic Development, the Texas Department of Transportation, the Texas Parks and Wildlife Department, the Texas Commission on the Arts and the Texas Historical Commission.

In order to comply with Government Code, §481.028, the provisions of 10 TAC §195.6, concerning a Memorandum of Understanding with the Texas Department of Economic Development, the Texas Department of Transportation, the Texas Parks and Wildlife Department, the Texas Commission on the Arts and the Texas Historical Commission relating to the coordination of travel and tourism responsibilities, are adopted by reference.

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 August 3, 2001.

TRD-200104459

F. Lawerence Oaks

Executive Director

Texas Historical Commission

Earliest possible date of adoption: September 16, 2001

For further information, please call: (512) 463-6100

13 TAC §12.9

The Texas Historical Commission proposes amendments to §12.9, concerning future rounds of the courthouse program, to review the status of on-going projects and to decide on important issues of program administration for the coming biennium. This change will provide the broadest flexibility of allocating grants 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 businesses. There is no anticipated economic cost to 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. All comments will be accepted for 30 days after publication in the Texas Register .

The amendment is proposed under the Natural Resources Code, Title 9, Chapter 191 (revised by Senate Bill 231, 68th Legislature, 1983, and by House Bill 2056, 70th Legislature, 1987), § 191.02, which provides the Texas Antiquities Committee with authority to promulgate rules and require contract or permit conditions to reasonably effect the purposes of Chapter 191.

No statutes, articles or codes are affected by the proposed chapter, subchapters or sections.

§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) the address of the courthouse;

(2) a statement of the historic designations that the courthouse has or is likely to receive;

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

(4) a statement of previous allowable money or in-kind contribution the county will use for their match;

(5) a statement of whether the courthouse is currently functioning as a courthouse;

(6) copies of any plans, including the required master preservation plan, that the county may have for the project;

(7) copies of existing deed covenants, restrictions or easements held by the commission or other preservation organizations;

(8) statements of support from local officials and community leaders; and

(9) the current cost estimate of the proposed project; and

(10) any other information that the commission may require.

(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.

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

(1) the status of the building as a functioning courthouse;

(2) the age of the courthouse;

(3) the degree of endangerment;

(4) the courthouse is subject to a current conservation easement or covenant held by the commission;

(5) the proposal is in conformance with the approved master plan and addresses the work in proper sequence;

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

(7) the importance of the building within the context of an architectural style;

(8) the proposal addresses and remedies former inappropriate changes;

(9) the historic significance of the courthouse, as defined by 36 CFR §101(a)(2) (A) and (E), and NPS Bulletin 15, "How to Apply the National Register Criteria for Evaluation."

(10) the degree of surviving integrity of original design and materials;

(11) if a county submits 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) the use of the building as a courthouse after the project;

(13) the county's provision of a match greater than 15% of the grant request;

(14) the proposal results in a fully restored county courthouse;

(15) the status of the courthouse in terms of state and local historical designations that are in place;

(16) the county government's provision of preservation incentives and support of the county historical commission and other county-wide preservation efforts;

(17) the location of the county in a region with few awarded courthouse grant applications;

(18) the existence of a plan for physically protecting county records during the restoration and afterwards, as well as an assessment of current and future space needs and public accessibility for such records;

(19) the existence of a strong history of compliance with the state courthouse law (Texas Government Code, §442.008);

(20) the effort to protect and enhance surrounding historic resources; and

(21) the evidence of community support and county commitment to protection.

(d)

Other Considerations.

(1) [ (d) ] The factors noted in subsection (c) of this section, and any additional ones determined necessary by the commission, will be published prior to each individual grant round as part of the formal procedures for the round.

(2) The commission may distribute a portion of the funds available for each grant period to be used for specific purposes and/or granted through different criteria than other funds. Such specific purposes may include, but are not limited to, the following:

(A) Emergency repairs necessary to prevent damage to or deterioration of the courthouse; or

(B) Compliance with the Americans with Disabilities Act or other state or federally mandated repairs or modifications.

(3) Any such distribution to a specific purpose or change in criteria must be decided by a vote of the commission and advertised to the potential grantees prior to the date for the submission of applications.

(e) As a condition for a county to receive money under the courthouse fund, the commission may require creation of a conservation easement on the property, and may require creation of other appropriate covenants in favor of the state. The highest preference will be given to counties agreeing to the above referenced easements or covenants at the time of application.

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

(1) The commission may make periodic inspections of the projects to ensure compliance with program rules and procedures.

(2) The commission may require periodic reports to ensure compliance with program rules and procedures and as a prerequisite to disbursement of grant or loan funds.

(3) The commission may adopt additional procedures to ensure program compliance.

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 August 3, 2001.

TRD-200104460

F. Lawerence Oaks

Executive Director

Texas Historical Commission

Earliest possible date of adoption: September 16, 2001

For further information, please call: (512) 463-6100