TITLE 13. CULTURAL RESOURCES

PART 2. TEXAS HISTORICAL COMMISSION

CHAPTER 11. ADMINISTRATIVE DEPARTMENT

13 TAC §11.7

The Texas Historical Commission (THC) is adopting an amendment to §11.7 of Title 13, Part 2, Chapter 11 of the Texas Administrative Code, concerning the Code of Conduct and Ethics Policy, without changes to the proposed text as published in the December 12, 2008, issue of the Texas Register (33 TexReg 10123) and will not be republished. This amendment is needed to comply with §572.051(d) of the Texas Government Code, Standards of Conduct; State Agency Ethics, which requires all state agencies to adopt an ethics policy and requires the Office of the Attorney General to provide a model policy.

The amendment adds language to §11.7(b) - (e) to clarify conduct and ethics expected of THC employees. These clarifications are needed to comply with §572.051(d) of the Texas Government Code, Standards of Conduct; State Agency Ethics.

No comments were received regarding adoption of this amendment.

The amendment is adopted under Chapter 442 of the Texas Government Code, which provides the Texas Historical Commission with authority to promulgate rules and §572.051(d) 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 February 18, 2009.

TRD-200900686

F. Lawerence Oaks

Executive Director

Texas Historical Commission

Effective date: March 10, 2009

Proposal publication date: December 12, 2008

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


13 TAC §11.10

The Texas Historical Commission (Commission) is adopting the repeal of §11.10 (relating to Charges for Public Records) of Title 13, Part 2, Chapter 11 of the Texas Administrative Code, as published in the December 5, 2008, issue of the Texas Register (33 TexReg 9840) and the section will not be republished. The section has been superseded by legislation and the adoption by the Attorney General of Texas of a uniform rule for all agencies on this subject.

No comments were received regarding the repeal of §11.10. The repeal will take effect 20 days after filing with the Texas Register.

The repeal is adopted under the Texas Government Code §442.005(q), which provides the Commission with authority to promulgate rules that will reasonably effect the purposes of Chapter 442 of the 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 February 19, 2009.

TRD-200900715

F. Lawerence Oaks

Executive Director

Texas Historical Commission

Effective date: March 11, 2009

Proposal publication date: December 5, 2008

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


13 TAC §11.12

The Texas Historical Commission (Commission) is adopting new §11.12, relating to Limitations on Responses to Public Information Requests of Title 13, Part 2, Chapter 11 of the Texas Administrative Code without changes to the proposed text as published in the December 5, 2008, issue of the Texas Register (33 TexReg 9841). The purpose of this section is to implement Texas Government Code §552.275, which allows governmental bodies to set limitations on the amount of time a governmental body must spend responding to requests under the Public Information Act without charging the requestor for the personnel time spent responding to the requests. This proposal would set that limit at 36 hours, as allowed by the statute.

No comments were received regarding new §11.12. The section will take effect 20 days after filing with the Texas Register.

The new rule is adopted under the Texas Government Code §442.005(q), which provides the Commission with authority to promulgate rules that will reasonably effect the purposes of that chapter, and Texas Government Code §552.275, which provides that governmental bodies may adopt rules on this subject.

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 February 19, 2009.

TRD-200900716

F. Lawerence Oaks

Executive Director

Texas Historical Commission

Effective date: March 11, 2009

Proposal publication date: December 5, 2008

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