TITLE 13.CULTURAL RESOURCES

Part 2. TEXAS HISTORICAL COMMISSION

Chapter 19. TEXAS MAIN STREET PROJECT

13 TAC §§19.1 - 19.8

The Texas Historical Commission (hereafter referred to as the Commission) adopts the repeal of §§19.1 - 19.8 of Chapter 19 (Title 13, Part 2 of the Texas Administrative Code), concerning the Texas Main Street Project, as published in the March 4, 2005, issue of the Texas Register (30 TexReg 1213).

The repeal of these sections are being adopted in an effort to update and modify existing rules associated with the Texas Main Street Project.

No public comments were received regarding the adoption of this repeal.

The repeal of these sections are adopted under Title 4, Chapter 442, §442.005(q) of the Texas Government Code, which provides the Texas Historical Commission with the authority to promulgate rules and conditions to reasonably effect the purposes of this chapter.

The repeal implements §442.014 of the Texas Government Code.

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 19, 2005.

TRD-200501616

F. Lawerence Oaks

Executive Director

Texas Historical Commission

Effective date: May 9, 2005

Proposal publication date: March 4, 2005

For further information, please call: (512) 463-1858


Chapter 19. TEXAS MAIN STREET PROGRAM

13 TAC §§19.1 - 19.5

The Texas Historical Commission (hereafter referred to as the Commission) adopts new §§19.1 - 19.5 of Chapter 19 (Title 13, Part 2 of the Texas Administrative Code), concerning the Texas Main Street Program. Sections 19.1, 19.2, 19.4, and 19.5 are adopted without changes to the proposed text as published in the March 4, 2005, issue of the Texas Register (30 TexReg 1213). Section 19.3 is adopted with changes to the proposed text as published. A typo was corrected in §19.3(4) relating to the population of urban Main Street cities. Instead of "greater than 50,000 people" it should read "50,001 people or greater."

The adoption of the new sections is an effort to thoroughly update and modify existing rules associated with the Texas Main Street Program. The existing rules have been in effect for many years with few revisions and have been augmented over the years as the program has developed. The existing rules contain information that is inaccurate and outdated and were not straightforward and easy to understand. It was apparent that the rules needed to be revisited and rewritten in a comprehensive way so that they better complied with the format of Texas Historical Commission rules. The adopted new rules address the manner in which the program operates in a clear and concise fashion. Section 19.1 provides that the purpose of the Main Street Program is to provide assistance to Texas Main Street cities. Section 19.2 provides that a system exists by which the Commission may designate and provide assistance to Texas Main Street cities. Section 19.3 provides for definitions used in the rules to explain the different types of programs within the Texas Main Street Program as well as other definitions relating to the program. Section 19.4 provides for the application process and review as well as selection of Texas Main Street cities. Section 19.5 provides for the assistance rendered to Texas Main Street cities and any fees that may be associated with this assistance.

No public comments were received regarding adoption of the new sections.

The new sections are adopted under Title 4, Chapter 442, §442.005(q) of the Texas Government Code, which provides the Texas Historical Commission with the authority to promulgate rules and conditions to reasonably effect the purposes of this chapter.

The adopted new sections implement §442.014 of the Texas Government Code. No other statutes, articles, or codes are affected by the new sections.

§19.3.Definitions.

When used in this chapter, the following words or terms have the following meanings unless the context clearly indicates otherwise:

(1) Texas Main Street Program--A program of the Texas Historical Commission in which designated Texas Main Street cities receive assistance for their historic, commercial buildings.

(2) Texas Main Street City--Any city that has been officially designated by the Texas Historical Commission as a participant in the Texas Main Street Program.

(3) Texas Main Street Small City--Main Street city with population of 50,000 people or fewer.

(4) Texas Main Street Urban City--Main Street city with population of 50,001 people or greater.

(5) Texas Main Street Provisional City--A Main Street city of any size that is not accepted upon first application submittal may participate provisionally in the program, upon invitation, while application is resubmitted the following year.

(6) Texas Main Street Recertified City--A city that was formerly in the program that has reapplied and been accepted to be a Main Street City.

(7) Main Street Interagency Council--A council that evaluates and ranks Main Street applications and makes recommendations to the Commission. The composition of the Main Street Interagency Council is determined by the Commission.

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 19, 2005.

TRD-200501615

F. Lawerence Oaks

Executive Director

Texas Historical Commission

Effective date: May 9, 2005

Proposal publication date: March 4, 2005

For further information, please call: (512) 463-1858


Chapter 29. MANAGEMENT AND CARE OF ARTIFACTS AND COLLECTIONS

13 TAC §29.6

The Texas Historical Commission (hereafter referred to as the Commission) adopts amendments to §29.6 of Title 13, Part 2, Chapter 29 of the Texas Administrative Code, relating to the management and care of artifacts and collections, gathered under the jurisdiction of Texas Government Code, Chapter 442 and the Antiquities Code of Texas (Title 9, Chapter 191, of the Texas Natural Resources Code), without changes to the proposed text as published in the March 4, 2005, issue of the Texas Register (30 TexReg 1214).

The amendments are needed in a continuing effort by the Commission to assist and encourage curatorial facilities to upgrade their care of state associated collections that are gathered under the jurisdiction of the Antiquities Code of Texas.

The Commission received no comments concerning adoption the amendments.

The amendments are adopted under both Title 4, Chapter 442, §442.005(q) of the Texas Government Code and Title 9, Chapter 191, §191.052 of the Texas Natural Resources Code, which provides the Commission with the authority to promulgate rules and conditions to reasonably effect the purposes of this chapter.

No other statutes, articles or codes are affected by the adoption.

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 19, 2005.

TRD-200501613

F. Lawrence Oaks

Executive Director

Texas Historical Commission

Effective date: May 9, 2005

Proposal publication date: March 4, 2005

For further information, please call: (512) 463-1858