Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.24 - Delegation of Authority to Executive Director

Current through Reg. 49, No. 28; July 12, 2024
(a) Delegation of Authority to Executive
				  Director. In addition to any other powers and duties expressly provided by
				  Federal or State law, the executive director is authorized to perform the
				  duties or exercise the powers of the commission as described in this section.
				  The executive director, or his or her designee, is authorized to undertake the
				  following acts:
(1) contract or otherwise
				  provide for discovery operations and scientific investigations under the
				  provisions of §191.053 of the State Antiquities Code;
(2) consider requests for, and issue or deny
				  permits provided for in §§191.054, 191.095, 191.098, and 191.131 of
				  the State Antiquities Code;
(3)
				  contract with other state agencies or political subdivisions and qualified
				  private institutions, corporations or individuals for curation and/or display
				  of artifacts in the agency's custody pursuant to §191.058 of the State
				  Antiquities Code;
(4) apply to any
				  appropriate agency or officer of the United States for participation in any
				  federal program pertaining to historic preservation pursuant to Government Code
				  § 442.005(g);
(5) certify to
				  another state agency the worthiness of preservation of any historic district,
				  site, structure, or object significant in Texas or American history,
				  architecture, archeology or culture pursuant to Government Code §
				  442.005(h);
(6) conduct educational
				  programs, seminars, and workshops throughout this state covering any phase of
				  historic preservation pursuant to Government Code § 442.005(l);
(7) make a report of the Commission's
				  activities to the Governor and to the legislature at least biennially pursuant
				  to Government Code § 442.005(n);
(8) participate in the operation of an
				  affiliated nonprofit organization whose purpose is to raise funds for or
				  provide services or other benefits to the Commission pursuant to Government
				  Code § 442.005(p);
(9) review
				  and approve or reject the final form or dimensions of, or text or illustrations
				  on, any marker, monument or medallion pursuant to Government Code §
				  442.006;
(10) enter into contracts
				  or cooperative agreements with the federal government, other state agencies,
				  state or private museums or educational institutions, or qualified persons,
				  including for-profit corporations, for prehistoric or historic archeological
				  investigations, surveys, excavations, or restorations pursuant to Government
				  Code § 442.007(c);
(11)
				  approve construction plans and monitor work on the Governor's Mansion, its
				  contents and grounds, and manage the contents of the Mansion including
				  authority to contract with a nonprofit organization to assist in the
				  preservation and maintenance of the Mansion and its grounds and contents,
				  pursuant to Government Code § 442.0071;
(12) make the determinations and provide the
				  notifications required pursuant to Government Code § 442.008 relating to
				  historic county courthouses;
(13)
				  select businesses to receive the Texas Business Treasure Award pursuant to
				  Government Code § 442.020;
(14) lease grazing rights from other parties
				  for proper livestock management pursuant to Government Code § 442.104;
(15) review bids and
				  qualifications and provide recommendations to the Texas Facilities Commission
				  before a contract is awarded for the major repair or renovation of a state
				  structure designated by the Texas Historical Commission as a Recorded Texas
				  Historic Landmark pursuant to Government Code § 2166.254;
(16) investigate a suspected but unverified
				  cemetery with the consent of the land owner, under Health and Safety Code
				  §
											RSA 711.010;
(17) evaluate a notice of an unverified
				  cemetery, the evidence submitted with the notice, and the response of the land
				  owner, if any, and determine whether there is sufficient evidence of the
				  existence of a cemetery under Health and Safety Code §
											RSA 711.0111
				  and to provide such information and file such notice as is allowed
				  thereunder;
(18) waive the 60-day
				  waiting period provided in Government Code § 442.006, or require an
				  additional waiting period of not longer than 30 days;
(19) administer the County Historical
				  commission program as described in Local Government Code Chapter 318;
(20) review surface mining permit
				  applications and submit any necessary comments pursuant to Natural Resources
				  Code §
											RSA 131.139;
(21) administer the Tax Credit for Certified
				  Rehabilitation of Certified Historic Structures as found in Tax Code Chapter
				  171 Subchapter S including, but not limited to, the issuance of letters of
				  determination and certificates of eligibility;
(22) certify when a historical name for a
				  farm-to-market or ranch road has been in common usage for at least 50 years
				  pursuant to Transportation Code §
											RSA 225.005;
(23) review and approve plans, programs and
				  materials relating to historical interpretation of the State Cemetery pursuant
				  to Government Code § 2165.2561;
(24) contract with one or more nonprofit
				  organizations to fulfill the Commission's duties to administer the Texas
				  Heritage Trails Program pursuant to Government Code § 442.0045;
(25) determine whether or not a governmental
				  entity's landmark ordinance meets the requirements of the Certified Local
				  Government program pursuant to Government Code Subtitle Z Chapter 3000;
(26) hire, terminate, assign
				  duties of, evaluate performance of, reward, and set salaries of Texas
				  Historical Commission staff other than the Executive Director;
(27) manage the agency's operating budget,
				  including making adjustments not to exceed 20% of the appropriation for any
				  agency strategy;
(28) request
				  representation on behalf of the Texas Historical Commission from the Office of
				  the Attorney General;
(29) request
				  an opinion of the Attorney General pursuant to Texas Government Code §
				  402.042 on legal issues;
(30)
				  negotiate and contract for services relating to a commission project for a
				  historic site and for construction, restoration, renovation or preservation of
				  any building, structure or landscape related to historic sites under Government
				  Code § 402.101;
(31) execute
				  documents necessary for the operation and administration of the agency or
				  necessary to carry out the statutory authority of the agency including but not
				  limited to personnel action forms, timesheets, performance evaluations,
				  hotel/restaurant contracts, telecommuting agreements, contracts and contract
				  revisions, Memorandums of Understanding, Memorandums of Agreement, and
				  Inter-Agency Contracts;
(32)
				  execute documents carrying out decisions of the Commission, including but not
				  limited to grant contracts, Historic Texas Cemetery certifications, curatorial
				  facility certifications, contracts and contract amendments, and notification
				  letters; and
(33) request a letter
				  ruling from the Attorney General under Texas Government Code § 551.301
				  concerning the disclosure of information upon the receipt of a request under
				  the Texas Public Information Act.