13 TAC §§12.5, 12.7, 12.9
The Texas Historical Commission proposes amendments to Chapter
12, §§12.5, 12.7 and 12.9 (related to the Texas Historic Courthouse
Preservation Program). These amendments are proposed as a means of clarification
and strengthening requirements.
F. Lawerence Oaks, Executive Director, has determined that for the first
five-year period during which these amendments are in effect there will be
no fiscal implications to state or local governments as a result of enforcing
or administering these amendments.
F. Lawerence Oaks, Executive Director, has also determined that for the
first five year period the amendments are in effect, the public benefit anticipated
will be to have a clearer understanding of the rules of the Texas Historic
Courthouse Preservation Program. There will be no effect on small or micro-businesses.
There is no anticipated economic costs to individuals required to comply with
the amendments as proposed.
Comments on the proposed rules may be submitted to F. Lawerence Oaks, Executive
Director, Texas Historical Commission, P.O. Box 12276, Austin, Texas 78711-2276
(512-463-6100). Comments will be accepted for 30 days after publication in
the
Texas Register
.
These amendments are proposed under Texas Government Code, §442.005
(q) which authorized the Texas Historical Commission to promulgate rules to
carry out the intent of this chapter and associated legislative mandates.
No other statutes, articles or codes are affected by the proposed amendments.
§12.5.Definitions.
When used in this chapter, the following words or terms have the following
meanings unless the context indicates otherwise.
(1)
Texas Historic Courthouse Preservation Program. Means the
grant or loan program created by the enactment of HB 1341 by the 76th Texas
Legislature (1999).
(2)
The Courthouse Fund Account. Means a separate account in
the general revenue funds. The account consists of transfers made to the account,
payment on loans made under the historic courthouse preservation program,
grants and donations received for the purposes of the historic courthouse
preservation program, and income earned on investments of money in the account.
(3)
Texas Courthouse Preservation Program Advisory Committee.
Means a committee that serves the commission in matters concerning the courthouse
program.
(4)
Historic courthouse. Means a county courthouse that is
at least 50 years old prior to the date of application, with the initial date
of service defined as the date of the first official commissioners court meeting
in the building.
(5)
Historic courthouse project. Means an undertaking to preserve
or restore a historic courthouse.
(6)
Historic courthouse structure. Means a courthouse structure
that is one or more of the following:
(A)
a county courthouse that is at least 50 years old prior
to the date of application, with the initial date of service defined as the
date of the first official commissioners court meeting in the building.
(B)
listed on the National Register of Historic Places;
(C)
designated a Recorded Texas Historic Landmark;
(D)
designated a State Archeological Landmark;
(E)
determined by the commission to qualify as an eligible
property under the designations noted above;
(F)
certified by the commission to other state agencies as
worthy of preservation; or,
(G)
designated by an ordinance of a municipality with a population
of more than 1.5 million as historic.
(7)
Master preservation plan or master plan. Means a comprehensive
planning document that includes the historical background of a courthouse,
as well as a detailed analysis of its architectural integrity, current condition,
and future needs for preservation. The commission shall promulgate specific
guidelines for developing the document.
(8)
Restoration. Means the act or process of accurately depicting
the form, features, and character of a property as it appeared at a particular
period of time by means of the removal of features from other periods in its
history and reconstruction of missing features from the restored period. (As
defined by the Secretary of the Interior's Standards for the Treatment of
Historic Properties (1995 edition, or as revised)).
(9)
Reconstruction. Means the act or process of depicting,
by means of new construction, the form, features, and detailing of a non-surviving
site, landscape, building, structure, or object for the purpose of replicating
its appearance at a specific period of time and in its historic location.
(As defined by the Secretary of the Interior's Standards for the Treatment
of Historic Properties (1995 edition, or as revised)).
(10)
Preservation. Means the act or process of applying measures
necessary to sustain the existing form, integrity, and materials of a historic
property. (As defined by the Secretary of the Interior's Standards for the
Treatment of Historic Properties (1995 edition, or as revised)).
(11)
Rehabilitation. Means the act or process of making possible
a compatible use for a property through repair, alterations, and additions
while preserving those portions or features which convey its historical, cultural,
or architectural values. (As defined by the Secretary of the Interior's Standards
for the Treatment of Historic Properties (1995 edition, or as revised)).
(12)
Match requirement. Means the percentage of the total grant
project cost that must be provided by a county in the form of a prior capital
expenditures match, prior in-kind match, current cash match, current in- kind
match, or planning match.
(13)
Prior capital expenditures match. Means monies previously
spent by a county for past courthouse preservation projects in the 30-month
period prior to the date of application,
excluding monies required to
match a previous Texas Historic Courthouse Preservation Program grant unless
otherwise determined by the Texas Historical Commission
.
(14)
Prior in-kind match. Means materials donated to a county
for past courthouse preservation projects in the 30-month period prior to
the date of application.
(15)
Current cash match. Means monies to be paid by a county
as part of the preservation project described in a current request for grant
or loan funding.
(16)
Current in-kind match. Materials to be donated as part
of the preservation project described in a current request for grant or loan
funding.
(17)
Planning match. Means monies spent on an approved master
preservation plan.
§12.7.Grant or Loan Program.
(a)
Property Eligibility. In order to be eligible for grants
or loans under the courthouse program, a county's historic courthouse must
be determined a historic courthouse structure as defined in §12.5 of
this chapter.
(b)
Master plan requirement. In order to be eligible for funding,
a county must have completed a current master preservation plan, completed
or updated in the 30-month period prior to the date of application, and received
approval of the plan from the commission.
(c)
Types of Assistance. The commission may provide financial
assistance in the form of grants or loans. Grant or loan recipients shall
be required to follow the terms and conditions of the Texas Historic Courthouse
Preservation Program and other terms and conditions imposed by the commission
at the time of the grant award or loan.
(d)
Match for grant or loan assistance. Applicants eligible
to receive grant or loan assistance must provide a minimum of 15% of the total
project cost, of which not more than one half of the match may be derived
from prior capital expenditures, prior in-kind match, and current in-kind
match, and not less than one half of the match must be derived from current
cash match and/or planning match. Prior capital expenditure and prior in-kind
matches constitute credit for commission approved capital and planning expenditures
during the 30-month period prior to the date of application.
(e)
Allowable use of grant or loan monies.
(1)
A county that receives money under the courthouse program
must use the money only for preservation, reconstruction, rehabilitation,
and restoration expenses that the commission determines eligible.
(2)
All work must comply with the Secretary of the Interior's
Standards for the Treatment of Historic Properties (1995 edition, or as revised).
(3)
Individual grants or loans may not exceed $4 million.
(4)
The commission may grant less than the amount requested
in a courthouse grant application.
(f)
Administration. The courthouse program shall be administered
by the commission.
(g)
Advisory Committee.
(1)
The purpose of the advisory committee is to advise the
commission on matters related to the Texas Historic Courthouse Preservation
Program.
(2)
The advisory committee shall consist of:
(A)
members from the different geographical areas of the state;
(B)
an equal number of members from counties with a population
of:
(i)
24,999 or less;
(ii)
25,000 to 75,000; and
(iii)
75,001 or more; and
(C)
at least the following members:
(i)
one or more elected county officials;
(ii)
one or more members of historical organizations or persons
with knowledge of and experience in preservation who are not elected county
officials; and
(iii)
one or more members of the general public who do not
meet the requirements of (C) (i) or (C) (ii) of this subchapter.
(3)
The advisory committee shall meet annually, or as directed
by the commission, to discuss issues related to paragraph (g)(1) of this section
and provide a report in written form, or in other formats as determined by
the commission, at a regularly scheduled commission meeting, or at times as
otherwise determined by the agency.
(4)
The advisory committee shall be abolished on August 31,
2003, unless specifically continued by an affirmative vote of the commission.
(h)
Procedures. The commission shall adopt procedures, and
revise them as necessary, to implement the Texas Historic Courthouse Preservation
Program.
(i)
Compliance with current program
grant manual and all other rules, statutes, policies, procedures and directives
is mandatory for all historic courthouse projects unless written exception
is provided by the Texas Historical Commission due to unforeseen circumstances
beyond the control of grantee or grantor.
§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)
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
must
[
may
] require creation
of a conservation easement on the property
with a minimum term of 50
years
, 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
in perpetuity
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 November 5, 2002.
TRD-200207200
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Earliest possible date of adoption: December 22, 2002
For further information, please call: (512) 463-6100