PART 2. TEXAS HISTORICAL COMMISSION
CHAPTER 11. ADMINISTRATIVE DEPARTMENT
The Texas Historical Commission (Commission) is adopting new §11.13, concerning Formal Bid Protest Procedures, without changes to the proposed text as published in the March 6, 2009, issue of the Texas Register (34 TexReg 1512) and will not be republished.
The purpose of this section is to implement Texas Government Code §2155.076, which requires all state agencies to adopt bid protest procedures. The procedures being adopted conform to the requirements of the statute and are consistent with the rules of the Comptroller of Public Accounts, which administers the State's purchasing program.
No comments were received regarding adoption of this new section.
This new section is adopted under the Texas Government Code §442.005, which provides the Commission with authority to promulgate rules that will reasonably effect the purposes of this chapter, and Texas Government Code §552.275, which provides that governmental bodies may adopt rules on this subject.
No other articles, codes, or statutes are affected by this 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 28, 2009.
TRD-200901590
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Effective date: May 18, 2009
Proposal publication date: March 6, 2009
For further information, please call: (512) 936-4323
The Texas Historical Commission (Commission) is adopting new §11.14, concerning Negotiated Rulemaking and Alternative Dispute Resolution, without changes to the proposed text as published in the March 6, 2009, issue of the Texas Register (34 TexReg 1513) and will not be republished.
The section establishes a policy for the use of negotiated rulemaking methods in adopting rules of the Commission when the Commission determines that it is appropriate. The Deputy Director of the Commission is appointed as the negotiated rulemaking coordinator. The section establishes a policy for the use of alternative dispute resolution methods to resolve internal and external disputes. The Deputy Director of the Commission is appointed as the alternative dispute resolution coordinator.
The Commission is required to adopt this rule by the Legislature, Texas Government Code §442.023, which requires the adoption of negotiated rulemaking procedures under Texas Government Code, Chapter 2008 for the adoption of Commission rules; and appropriate alternative dispute resolution procedures under Texas Government Code, Chapter 2009 to assist in the resolution of internal and external disputes under the Commission's jurisdiction.
No comments were received regarding adoption of this new section.
This new section 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 the chapter, and Texas Government Code §442.023, which requires the Commission to adopt a policy regarding negotiated rulemaking and alternative dispute resolution.
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 28, 2009.
TRD-200901591
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Effective date: May 18, 2009
Proposal publication date: March 6, 2009
For further information, please call: (512) 936-4323
The Texas Historical Commission (Commission) adopts amendments to §15.3 concerning State Board of Review/National Register without changes to the proposed text as published in the March 6, 2009, issue of the Texas Register (34 TexReg 1514) and will not be republished.
These adopted amendments allow the State Historic Preservation Officer the authority to appoint a Texas advisor of the National Trust for Historic Preservation or, if the advisory member declines, to appoint a citizen member to the State Board of Review.
No comments were received regarding adoption of the amendment to §15.3, State Board of Review/National Register.
The amendments are adopted under the Texas Government Code §442.005(q) which provides the Texas Historical Commission with the authority to promulgate rules and conditions to reasonably affect the purposes of the chapter. No other statutes, articles or codes are affected by this amendment.
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 28, 2009.
TRD-200901596
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Effective date: May 18, 2009
Proposal publication date: March 6, 2009
For further information, please call: (512) 936-4323
SUBCHAPTER B. OFFICIAL TEXAS HISTORICAL MARKER PROGRAM
The Texas Historical Commission (Commission) adopts amendments to §21.7, relating to Application Requirements, and §21.9, relating to Application Evaluation Procedures, without changes to the proposed text as published in the March 6, 2009, issue of the Texas Register (34 TexReg 1515) and will not be republished.
These amendments will implement changes for administering the Official Texas Historical Marker Program contained in Texas Government Code §442.006(b) and (h), passed by the Legislature in House Bill 12, 80th Session, 2007. The amendments to §21.7 address the procedures and content of marker applications. The amendments to §21.9 address the criteria for ranking the marker applications and the scoring system the Commission uses. A limitation is placed on the number of markers to be authorized each year through the use of these criteria.
No comments were received regarding adoption of the amendments to §21.7, Application Requirements, and §21.9, Application Evaluation Procedures.
The amendments are adopted under the Texas Government Code §442.005(q) which provides the Texas Historical Commission with the authority to promulgate rules and conditions to reasonably affect the purposes of the chapter. Under §2007.003(b) of the Texas Government Code, the Commission has determined that Chapter 2007 of the Texas Government Code does not apply to these rules.
The revised sections are adopted under the Texas Government Code, §442.005(q), which authorizes the Commission to adopt rules to carry out its programs. The revised sections implement changes to Texas Government Code, §442.006. No other statutes are affected.
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 28, 2009.
TRD-200901600
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Effective date: May 18, 2009
Proposal publication date: March 6, 2009
For further information, please call: (512) 936-4323
The revised sections are adopted under the Texas Government Code, §442.005(q), which authorizes the Commission to adopt rules to carry out its programs. The revised sections implement changes to Texas Government Code, §442.006. No other statutes are affected.
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 28, 2009.
TRD-200901601
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Effective date: May 18, 2009
Proposal publication date: March 6, 2009
For further information, please call: (512) 936-4323