Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,334
8313-8478 p. ; 28 cm.View a full description of this periodical.
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(d) - (h) (No change.)
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on November 6,
2013.
TRD-201305120
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: December 22, 2013
For further information, please call: (512) 463-4075
TITLE 13. CULTURAL RESOURCES
PART 2. TEXAS HISTORICAL
COMMISSION
CHAPTER 12. TEXAS HISTORIC
COURTHOUSE PRESERVATION PROGRAM
13 TAC 12.3, 12.5, 12.7, 12.9
The Texas Historical Commission ("commission") proposes
amendments to 12.3, 12.5, 12.7 and 12.9 related to the Texas
Historic Courthouse Preservation Program. The amendments
are needed to address changes in the Texas Government Code
which occurred as a result of House Bill 3674 in the 83rd Leg-
islative Session. The commission proposes to insert references
to the municipalities as a potential grant applicant and recipient
of state grant funds.
The commission is specifically empowered to adopt reasonable
rules concerning the Texas Historic Courthouse Preservation
Program for the purpose of distributing funds provided by the
State Legislature. Implementation of this grant and loan pro-
gram is the objective of this chapter.
Mark Wolfe, Executive Director, has determined for the first five-
year period the amended rules are in effect there will be no fiscal
implications for state or local government as a result of enforcing
or administering these rules.
Mr. Wolfe has also determined for each year of the first five-
year period the amendment of the rules are in effect the public
benefit anticipated as a result of administering the rules will be
the preservation of additional historic county courthouses.
Mr. Wolfe has also determined there will be no impact on small
or micro-businesses or individuals as a result of implementing
these rules.
Comments on the proposal may be submitted to Mark Wolfe, Ex-
ecutive Director, Texas Historical Commission, P.O. Box 12276,
Austin, Texas 78711-2276. Comments will be accepted for 30
days after publication in the Texas Register.
These amendments are proposed under the authority of Texas
Government Code 442.005(q), which provides the commission
with the authority to promulgate rules and conditions to reason-
ably effect the purposes of those chapters.No other statutes, articles, or codes are affected by these pro-
posed amendments.
12.3. Scope.
The intent of these rules is to provide a system by which the commis-
sion may grant or loan money to a county or municipality that owns
a historic courthouse, for the purpose of preserving or restoring the
courthouse, if the county's application meets the standards of the Texas
Historic Courthouse Preservation Program. Restrictions on who can
obtain funds and how the funds are [is] used are within the legal au-
thority of the commission, and can be defined through the rule-making
authority of the commission.
12.5. Definitions.
When used in this chapter, the following words or terms have the fol-
lowing meanings unless the context indicates otherwise.
(1) Texas Historic Courthouse Preservation Program.
Means the grant or loan program created by Texas Government Code
442.0081-83.
(2) The Courthouse Fund Account. Means a separate
account in the general revenue fund. 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 or
building that previously served as 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 structure that currently or previously served as the
official county courthouse of the county in which it is located; and
[county couthouse] 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 Antiquities [Archeological]
Landmark;
(E) determined by the commission to qualify as an eli-
gible 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 com-
prehensive planning document that includes the historical background
of a courthouse, as well as a detailed analysis of its architectural in-
tegrity, current condition, and future needs for preservation. The com-
mission shall promulgate specific guidelines for developing the docu-
ment.38 TexReg 8334 November 22, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013, periodical, November 22, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379965/m1/22/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.