TITLE 13.CULTURAL RESOURCES

Part 2. TEXAS HISTORICAL COMMISSION

Chapter 11. ADMINISTRATIVE DEPARTMENT

13 TAC §11.12

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Historical Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Historical Commission (THC) proposes to repeal Texas Administrative Code (TAC), Title 13, Part 2, Chapter 11, §11.12, relating to the 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 the past, it has been required by §481.028, Government Code, that the Texas Historical Commission publish for public comment in the Texas Register , the Memorandum of Understanding (MOU) for Tourism with the Texas Historical Commission, 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. This section of law was repealed by the 78th Legislature and so the THC is no longer is required to submit the MOU for public comment. Therefore, the THC staff is requesting repeal of §11.12 which is no longer needed.

F. Lawerence Oaks, Executive Director, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal.

Mr. Oaks has determined that the public benefit for the first five year period the repeal will be in effect is the administrative efficiency created by removing obsolete provisions from the Texas Administrative Code. There will be no effect on small businesses or individuals.

Written comments on the proposed repeal of §11.12 may be submitted to Maria Tissing, Texas Register Liaison, P.O. Box 12276, Austin, Texas 78711-2276. To be considered, all written comments must be received by the THC no later than 30 days from the date this notice is published in the Texas Register .

The repeal is proposed under Statutory Authority of the 78th Legislative Session, Senate Bill 275, the Texas Department of Economic Development's Sunset Bill.

The proposed repeal affects no other area of the Texas Administrative Code.

§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.

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 March 8, 2004.

TRD-200401784

F. Lawerence Oaks

Executive Director

Texas Historical Commission

Earliest possible date of adoption: April 25, 2004

For further information, please call: (512) 463-8817


Chapter 12. TEXAS HISTORIC COURTHOUSE PRESERVATION PROGRAM

13 TAC §12.7

The Texas Historical Commission (THC) proposes an amendment to §12.7 of Chapter 12 (Title 13, Part 2 of the Texas Administrative Code), concerning the Texas Historic Courthouse Preservation Program.

The purpose of the proposed amendment is for greater efficiency and accountability within the Texas Historic Courthouse Preservation Program.

F. Lawerence Oaks, Executive Director, has determined that for the first five-year period the amendment is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amendment.

Mr. Oaks has also determined that for each year of the first five-year period that the amendment is in effect the public benefit anticipated as a result of this amendment will be more efficient use of limited state funds. Additionally, Mr. Oaks has determined that there will be no effect on small businesses or individuals.

Comments on the proposal may be submitted to: Joy Schneider, Courthouse Program Administrative Assistant, 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 amendment is proposed under §442.005(q), Title 4 of the Texas Government Code, which provides the Texas Historical Commission with the authority to promulgate rules and conditions to reasonably affect the purposes of this chapter.

No other statutes, codes, or articles are affected by this amendment.

§12.7.Grant or Loan Program.

(a) - (i) (No change.)

(j) Grants for Construction Plans and Specifications:

(1) The Commission may make grants to counties for the purpose of completing construction plans and specifications for courthouse construction projects.

(2) A county receiving a grant for completing plans and specifications must apply for a construction grant from this program at the next grant program funding opportunity following THC acceptance of the complete plans and specifications. The county's grant application must provide at least equal preservation commitments to their previous applications. If a construction grant is awarded, the county must go forward with construction of the courthouse project so funded. If a grant is not awarded, the county must continue to apply for construction grants and make a good-faith effort to receive the grant when subsequent opportunities arise.

(3) A county that does not apply for a construction grant in accordance with this section at each grant funding opportunity during the following six years or does not complete the courthouse project by other means within these six years following the THC acceptance of the plans and specifications will be required to repay the grant for plans and specifications to the Commission unless the Commission votes to allow additional time to accomplish the construction project.

(4) A county that continues to apply for construction grants and makes a good-faith effort to receive the award and does not receive a grant or is able to complete the construction project by other good faith efforts will not be required to repay the grant.

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 March 10, 2004.

TRD-200401825

F. Lawerence Oaks

Executive Director

Texas Historical Commission

Earliest possible date of adoption: April 25, 2004

For further information, please call: (512) 463-8817