reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 1 - TEXAS STATE LIBRARY AND ARCHIVES COMMISSION › Chapter 10 - ARCHIVES AND HISTORICAL RESOURCES › Section 10.2 - Public Access to Archival State Records and Other Historical Resources

Current through Reg. 49, No. 28; July 12, 2024
(a) Public access to archival state records and
				other historical resources in the possession of the agency will be granted under the
				following conditions, subject to subsection (b) of this section.
(1) Access to archival state records and other
				historical resources maintained in Austin will be provided in the State Archives
				Reading Room of the Lorenzo de Zavala State Archives and Library Building.
(2) Access to archival state records and other
				historical resources maintained at the Sam Houston Regional Library and Research
				Center in Liberty, Texas will be provided in the Center's Reading Room.
(3) Registration and presentation of a current
				photo identification is required to use original archival state records and other
				resources.
(4) Researchers aged 17 and
				older may use original archival state records and other resources. Researchers
				between the ages of 13 and 16 are permitted to use original archival state records
				and other resources if supervised by an adult. One adult per researcher between the
				ages of 13 and 16 is required. Children aged 12 and under are not permitted to use
				original archival state records or historical resources.
(5) All researchers and supervising adults, if
				applicable, must agree to and comply with the Reading Room Policies and instructions
				as provided by staff members.
(6) Access
				will be granted during business hours for each location as posted on the agency's
				website or as may be amended from time to time by additional notice.
(7) Request for access to archival state records
				or other historical resources must be submitted on a material request form whether
				the request is a Research Request or a Public Information Act (PIA)
				Request.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 1 - TEXAS STATE LIBRARY AND ARCHIVES COMMISSION › Chapter 10 - ARCHIVES AND HISTORICAL RESOURCES › Section 10.3 - Loan and Exhibition of State Archives

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose
				of this section is to specify the conditions under which items may be loaned to
				eligible borrowers for public exhibition. Even if a prospective borrower meets all
				eligibility requirements for a loan, the decision regarding any and all loans is at
				the sole discretion of the agency or the commission, as appropriate.
(b) Eligible borrowers. Any public or private
				cultural heritage or educational institution or organization may request the loan of
				an item for public exhibition purposes. The Texas State Preservation Board and its
				exhibit venues will have preference over other archives, museums, and similar public
				institutions in Texas. Texas archives, museums, and similar public institutions will
				have preference over out-of-state and private entities. Loans to institutions
				outside of Texas will generally only be approved for nationally significant
				exhibitions by major institutions.
(c)
				Loan Request. Except as provided below and in subsection (e), requests for loans
				must be submitted to the director and librarian at least 60 days prior to the
				expected loan receipt date and include the exhibition title, dates of exhibition and
				loan period, a general description of the exhibition, and complete citations for
				each item requested. Exceptions to the 60-day requirement are as follows:
(1) Requests for loans of any item by a non-Texas
				venue must be submitted at least 12 months prior to expected loan receipt date;
				and
(2) Requests for loans of an item
				may be approved in less than 60 days if the director and librarian waives the 60-day
				requirement.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 1 - TEXAS STATE LIBRARY AND ARCHIVES COMMISSION › Chapter 10 - ARCHIVES AND HISTORICAL RESOURCES › Section 10.4 - Reappraisal and Deaccessioning of Items

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				recognizes the need for periodic reevaluations and thoughtful selection
				necessary for the growth and proper care of collections. To maintain the
				integrity of the State Archives holdings, items may be reappraised by staff to
				determine if they still meet professional appraisal criteria and comply with
				the agency's acquisition policy. Items that do not meet professional appraisal
				criteria and are not in compliance will be considered for
				deaccession.
(b) Deaccession may be
				appropriate for items:
(1) That were never
				appraised or are not subject to archival review according to the creating
				agency's approved records retention schedule;
(2) Whose retention period has changed from
				permanent to nonpermanent according to the creating agency's approved records
				retention schedule;
(3) That are
				duplicates of other items in the State Archives if such duplicates are found in
				records of a separate state agency or in a separate non-state agency
				collection;
(4) That are
				reproductions of archival materials owned by other individuals or
				repositories;
(5) Whose condition
				has deteriorated to a point that they are unstable or endanger staff or other
				items;
(6) The agency cannot
				properly access or store;
(7) That
				are permanently closed, in whole or in part, by the creating agency;
(8) That do not meet the requirements of the
				agency's current acquisition policy; or
(9) Approved on a case-by-case basis for
				deaccession for other reasons not listed above.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 1 - TEXAS STATE LIBRARY AND ARCHIVES COMMISSION › Chapter 10 - ARCHIVES AND HISTORICAL RESOURCES › Section 10.5 - Transfer of State Agency Records to the State Archives

Current through Reg. 49, No. 28; July 12, 2024
(a) Archival
				state records shall be transferred to the state archives when the records are
				no longer needed for the administration of the state agency. Records designated
				as archival on the state agency's approved records retention schedule must be
				transferred to the state archives. For records designated for archival review
				on the state agency's approved records retention schedule, the state agency's
				records management officer must contact the state archives for an archival
				review before disposition.
(b) To
				initiate a transfer of archival state records, the transferring state agency
				shall notify the state archives using the forms and procedures prescribed by
				the state archives and available at
www.tsl.texas.gov
. Submission of these forms
				shall constitute a formal request from the state agency for the state archives
				to accept legal and physical custody of the records.
(c) For archival state records stored
				temporarily in the State Records Center, on notification that the records have
				met retention requirements and are eligible for archival review or transfer,
				the state agency records management officer must notify the state archives
				using the forms and procedures prescribed by the state archives and available
				at
www.tsl.texas.gov
. Submission of
				these forms shall constitute a formal request from the state agency for the
				state archives to accept legal and physical custody of the records.
(d) Archival state records approved for
				transfer to the state archives must be identified, packaged, and transferred
				according to the procedures prescribed by the state archives and available at
www.tsl.texas.gov
.
(e) All transfers must be accompanied by an
				inventory as prescribed by the state archives and available at
www.tsl.texas.gov
.
(f) Records storage equipment received with
				transfers of records to the state archives will be retained or disposed of at
				the discretion of the state archives unless the transferring state agency
				requests the equipment's return.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.1 - Commission Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				  Historical Commission shall hold regular quarterly meetings. The commission may
				  hold such other meetings at such other times and places as it may schedule in
				  formal session. The chair may call special meetings of the commission at his or
				  her discretion, provided that 10-days' notification is given to the commission.
				  The chair shall call special meetings of the commission at any time upon
				  written request to the chair signed by six or more members, provided that
				  10-days' notification is given to the commission.
(b) A majority of the membership of the
				  commission constitutes a quorum authorized to transact businesses of the
				  commission.
(c) No proxies are
				  allowed.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.2 - Election of Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) At the last
				  quarterly meeting of even-numbered years, the chair shall appoint three people
				  to serve on a nominating committee, and shall also appoint a chair of that
				  committee. The positions available for nomination shall be the vice chair and
				  secretary.
(b) The nominating
				  committee will nominate only one person for each elective office. The committee
				  shall contact each person it wishes to nominate in order to obtain the person's
				  acceptance of nomination. A commission member may hold only one office at a
				  time.
(c) The nominating committee
				  will present its report of nominees at the first commission meeting of
				  odd-numbered years. The chair shall call for further nomination from the floor.
				  After all nominations are made, the chair will close the nominations and ask
				  for a vote by voice or show of hands. If there is a simple majority for one
				  person for each elective office, those people are elected. If there is not a
				  majority for any one person for each office, the commission shall hold an
				  election runoff for each office between the two people receiving the highest
				  number of votes for that office. The chair will only vote to make or break
				  ties.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.3 - Filling Vacancies

Current through Reg. 49, No. 28; July 12, 2024
(a) In the event of
				  a vacancy in any elective office of the commission, an election shall be held
				  at the next commission meeting, except the first commission meeting of
				  odd-numbered years, to fill such vacancy.
(b) The chair shall call for nominations from
				  the floor. After all nominations are made, the chair will close the nominations
				  and ask for discussion. Upon the close of discussion, the chair will ask for a
				  vote by voice or show of hands. If there is a simple majority for one person,
				  that person is elected. If there is not a majority for any one person, an
				  election runoff shall immediately be held between the two people receiving the
				  highest number of votes. The chair will only vote to make or break
				  ties.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.4 - Duties of Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) The chair shall
				  perform such duties as are properly required of him or her by the commission.
				  He or she shall preside at all meetings. He or she shall have general
				  supervision of the affairs of the commission, and shall have authority to
				  interpret and carry out all policies established by its members. He or she
				  shall answer directly to the commission. The chair appoints all committees as
				  he or she deems necessary, and is an ex officio member of all committees except
				  the nominating committee.
(b) The
				  vice-chair shall perform such duties as the commission or the chair may direct,
				  and shall preside in the absence of the chair.
(c) The secretary shall certify the minutes
				  of all meetings of the commission and shall perform such other duties as may be
				  prescribed by the commission or the chair. The secretary shall preside in the
				  absence of the chair and the vice-chair.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.5 - Executive Committee

Current through Reg. 49, No. 28; July 12, 2024
This committee consists of the chair, vice-chair,
					 secretary, and immediate past chair of the Texas Historical Commission, as well
					 as other members of the commission appointed by the chair. The committee may
					 act on behalf of the Full Commission with its advance approval, or such action
					 may be placed on the agenda of the next meeting of the Commission for
					 ratification.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.6 - Conduct of Meeting

Current through Reg. 49, No. 28; July 12, 2024
The chair, or in his or her absence, the vice-chair, shall
					 preside at all meetings of the commission and shall make such parliamentary
					 rulings as are reasonably necessary to carry out the business of the
					 commission.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.7 - Code of Conduct and Ethics Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) If a
				  member, agent, or employee of the Texas Historical Commission has a conflict of
				  interest in any transaction involving the selection, award, or administration
				  of historic preservation funds, state historic preservation grants, or museum
				  grants, he or she may not participate in a vote, discussion, or decision about
				  the matter.
(b) A person has a
				  conflict of interest in such a transaction if a financial benefit as a result
				  of such a transaction is likely to be received by any of the following:
(1) the person;
(2) any member of the person's immediately
				  family, which includes spouse and any minor children;
(3) a business partner of the person;
				  or
(4) any organization for profit
				  in which the person or any persons of paragraphs (2) and (3) of this subsection
				  is serving or is about to serve as an officer, director, trustee, partner, or
				  employee.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.8 - Use of Buildings and Grounds

Current through Reg. 49, No. 28; July 12, 2024
(a) Use requests.
				  Requests for use of Gethsemane Church, Carrington-Covert House,
				  Christianson-Leberman Building, and grounds shall be made in writing to the
				  executive director not less than four weeks prior to the date of intended use.
				  The executive director may, at his discretion, prohibit use of the buildings or
				  grounds if such use would destroy, damage, or threaten to destroy or damage the
				  properties or would require overtime work by commission employees. Intended use
				  may not interfere with any regular, daily use of Gethsemane Church,
				  Carrington-Covert House, Christianson-Leberman Building, or grounds.
(b) Expenses for use of properties. Any
				  person or organization that uses the buildings or grounds listed in subsection
				  (a) of this section shall reimburse the Texas Historical Commission for
				  utilities consumed during the period of use, for staff time required for
				  supervision of the activity, and the extra janitorial work required before and
				  after such use.
(c) Liability for
				  use of properties. People using the buildings and grounds listed in subsection
				  (a) of this section will be liable for any damage to state property as a result
				  of their activity.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.9 - Donations and Relationship with Affiliated Non-Profit Organizations

Current through Reg. 49, No. 28; July 12, 2024
(a) Donations
(1) All funds received from donations to the
				  commission will be deposited in the state treasury and used for the purpose
				  specified by the donor, or for general commission programs when no purpose is
				  specified.
(2) Donations to the
				  commission will not be used for supplementation of salary of any employee of
				  the commission.
(3) The commission
				  will not accept donations from organizations or individuals administering
				  grants from the commission or which have projects undergoing review by the
				  commission.
(4) Donations other
				  than money may be accepted at the discretion of the commission.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.11 - Restrictions on Assignment of Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Definitions. The following words and terms, when used in this section, shall
				  have the following meanings, unless the context clearly indicates otherwise.
(1) THC--The Texas Historical
				  Commission.
(2) Executive
				  Director--The Executive Director of the Texas Historical Commission or the
				  Executive Director's designee not below the level of division
				  director.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.13 - Formal Bid Protest Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  purpose of this section is to provide an internal protest procedure to be used
				  by any actual or prospective bidder, offeror, proposer, or contractor who is
				  aggrieved in connection with the solicitation, evaluation, or award of a
				  contract by the commission from a delegated procurement. The following
				  procedures are available for persons or firms not awarded the contract pursuant
				  to authority delegated to the Commission by the Comptroller of Public Accounts
				  or by Texas Government Code, Chapters 2155 - 2158. These procedures are
				  consistent with the rules of the Comptroller of Public Accounts insofar as such
				  rules are applicable to an internal agency review.
(b) Any actual bidder or offeror who is
				  aggrieved in connection with the award of a contract may formally protest the
				  award of the contract by submitting a protest to the executive director in
				  accordance with the procedures in this section.
(1) Any bid protest must be in writing and
				  received in the care of the executive director within five working days after
				  the bidder is notified that the award of a contract is forthcoming or otherwise
				  knows, or should have known, of the occurrence of the action which is
				  protested.
(2) Formal protests must
				  conform to the requirements of and shall be resolved in accordance with the
				  procedures set forth in this section.
(3) In the event of a timely protest, the
				  commission shall consider the protest and reply in writing before proceeding
				  with the solicitation or with the award of the contract unless the executive
				  director makes a determination that the award of contract without delay is
				  necessary to protect substantial interests of the state.
(4) If the executive director determines that
				  a violation of the rules or statutes has occurred in a case where a contract
				  has been awarded, the executive director shall inform the protesting party and
				  other interested parties of that determination by letter. The letter shall set
				  forth the reasons for the determination and may set forth any appropriate
				  remedial action, which may include canceling or voiding the contract to the
				  extent allowed by law.
(5) A bid or
				  a bid protest that is not submitted in a timely manner is not eligible for
				  consideration under this section.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.14 - Negotiated Rulemaking and Alternative Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a) Negotiated rulemaking.
(1) The commission's policy is to encourage
				  the use of negotiated rulemaking for the adoption of commission rules in
				  appropriate situations.
(2) The
				  commission's deputy director or his designee shall be the commission's
				  negotiated rulemaking coordinator (NRC). The NRC shall perform the following
				  functions, as required:
(A) coordinate the
				  implementation of the policy set out in subsection (a)(1) of this section, and
				  in accordance with the Negotiated Rulemaking Act, Chapter 2008, Government
				  Code;
(B) serve as a resource for
				  any staff training or education needed to implement negotiated rulemaking
				  procedures; and
(C) collect data to
				  evaluate the effectiveness of negotiated rulemaking procedures implemented by
				  the commission.
(3) The
				  commission, its rules committee, or the executive director may direct the NRC
				  to begin negotiated rulemaking procedures on a specified subject.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.15 - Advisory Committees and Boards

Current through Reg. 49, No. 28; July 12, 2024
(a) As
				  provided by Texas Government Code, §
										RSA 442.005<subdiv>(r)</subdiv>
				  the commission may establish advisory committees or boards to advise the
				  commission on archeological and historical matters.
(b) Section
				  RSA 26.5
				  of this title (relating to Antiquities Advisory Board) provides for the
				  creation of an Antiquities Advisory Board whose purpose, tasks and manner for
				  reporting to the agency are defined therein. Said Board shall be abolished or
				  reauthorized by rule on or before February 1, 2025.
(c) Section
				  RSA 15.3
				  of this title (relating to State Board of Review/National Register) provides
				  for the creation of a State Board of Review whose purpose, tasks and manner for
				  reporting to the agency are defined therein. Said Board shall be abolished or
				  reauthorized by rule on or before February 1, 2025.
(d) Section
				  RSA 17.1
				  of this title (relating to Texas Preservation Trust Fund) provides for the
				  creation of a Texas Preservation Trust Fund Advisory Board whose purpose, tasks
				  and manner for reporting to the agency are defined therein. Said Board shall be
				  abolished or reauthorized by rule on or before February 1, 2025.
(e) Pursuant to Chapter 2110 of the Texas
				  Government Code the commission shall annually evaluate the work, usefulness,
				  and cost effectiveness of these advisory committees or boards, and report the
				  same to the Legislative Budget Board biennially with the agency's request for
				  appropriations.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.16 - Dual Office Holding

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  Texas Government Code Chapter 574 (Dual Office Holding), an employee of the
				  commission who is a non-elective state officer may not accept an offer to serve
				  in another non-elective office unless the officer obtains from the commission a
				  finding that the officer has satisfied Article XVI, Section 40, of the Texas
				  Constitution.
(b) The minutes of
				  the commission meeting shall include any findings made under Texas Government
				  Code Chapter 574.
(c) Adoption of
				  this rule is required of state agencies by Texas Government Code §
										RSA 574.003.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.17 - Employee Training and Education

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission may use state funds to provide education and training for its
				  employees in accordance with the State Employees Training Act.
(b) The education or training shall be
				  related to the employee's current position or prospective job duties within the
				  commission.
(c) The commission's
				  education and training program benefits both the agency and the employees
				  participating by:
(1) preparing for
				  technological and legal developments;
(2) increasing work capabilities;
(3) increasing the number of qualified
				  employees in areas for which the commission has difficulty in recruiting and
				  retaining employees; and
(4)
				  increasing the competence of commission employees.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.18 - Sick Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
A sick leave pool is established to alleviate hardship
					 caused to an employee and the employee's immediate family if a catastrophic
					 injury or illness forces the employee to exhaust all eligible leave time earned
					 by that employee and to lose compensation time from the state.
(1) The commission's Executive Director shall
				  designate a pool administrator.
(2)
				  The pool administrator will recommend a policy, operating procedures, and forms
				  for the administration of this section for approval by the Executive
				  Director.
(3) Operation of the pool
				  shall be consistent with Texas Government Code Chapter 661, Subchapter A, State
				  Employee Sick Leave Pool.
(4)
				  Adoption of this rule is required of state agencies by Texas Government Code
				  §
										RSA 661.002.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.19 - Petition for Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  interested person may petition for the adoption, amendment, or repeal of a rule
				  to the commission's Executive Director.
(b) A petition under this section must be in
				  writing and contain the following minimum requirements:
(1) It must specify or otherwise make clear
				  that the petition is made pursuant to the provisions of the Administrative
				  Procedure Act.
(2) It must clearly
				  state the body or substance of the rule requested for adoption, and, if
				  appropriate, relate the requested rule to an adopted rule or rules of the
				  commission.
(3) It must contain the
				  petitioner's full name, address, telephone number, and signature.
(4) It must be signed by the petitioner with
				  the date the petition is submitted.
(5) It must include the chapter and
				  subchapter in which, in the petitioner's opinion, the rule belongs, and the
				  proposed rule text of a new rule or the text of the proposed rule change
				  prepared in a manner to indicate the words to be added or deleted from the
				  current text, if any.
(6) It must
				  include a statement of statutory or other authority under which the rule is to
				  be promulgated; and a brief explanation of why the rule action is necessary or
				  desirable.
(7) The person or
				  persons submitting a petition for rulemaking must state whether or not they are
				  the following:
(A) a resident of this
				  state;
(B) a business entity
				  located in this state;
(C) a
				  governmental subdivision located in this state; or
(D) a public or private organization located
				  in this state that is not a state agency.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.20 - Historically Underutilized Business Program

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission adopts by reference the
				  rules of the Texas Comptroller of Public Accounts in 34 TAC Part 1, Chapter 20,
				  Subchapter B (relating to Historically Underutilized Business Program). These
				  rules were promulgated by the Texas Comptroller of Public Accounts under Texas
				  Government Code §
										RSA 2161.002.
(b) Adoption of this rule is required of
				  state agencies by Texas Government Code §
										RSA 2161.003.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.21 - Bid Submission and Opening

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission adopts by reference the rules of the Texas Comptroller of Public
				  Accounts relating to bid opening and tabulation (34 Texas Administrative Code
				  §
										RSA 20.35).
(b) Adoption of this rule is required of
				  state agencies by Texas Government Code §
										RSA 2156.005<subdiv>(d)</subdiv>.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.22 - Negotiation and Mediation of Claims in Contract Disputes

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission adopts by reference the
				  rules of the Office of the Attorney General in 1 TAC Part 3, Chapter 68
				  Negotiation and Mediation of Certain Contract Disputes. The rules set forth a
				  process to permit parties to structure a negotiation or mediation in a manner
				  that is most appropriate for a particular dispute regardless of the contract's
				  complexity, subject matter, dollar amount, or method and time of
				  performance.
(b) Adoption of this
				  rule is required of state agencies by Texas Government Code §
										RSA 2260.052<subdiv>(c)</subdiv>.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.23 - Procedure for Contracts Requiring Enhanced Contract or Performance Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) Contracts for
				  the purchase of goods or services that have a value in excess of $1 million
				  will be identified for enhanced contract or performance monitoring.
(b) Contracts that are identified for
				  enhanced contract or performance monitoring will be reported to the commission
				  at the first regular quarterly commission meeting after the contract is
				  approved and signed.
(c) Contracts
				  will be monitored in accordance with policies and procedures in the
				  commission's contract management handbook.
(d) The commission will be notified, as
				  appropriate, of any serious issue or risk that is identified with respect to a
				  contract monitored under this rule.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter A - ADMINISTRATION › Section 11.25 - State Employee Family Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
A state employee family leave pool is established to
					 provide eligible employees more flexibility in bonding and caring for children
					 during a child's first year following birth, adoption, or foster placement, and
					 caring for a seriously ill family member or the employee, including
					 pandemic-related illnesses or complications caused by a pandemic.
(1) The Commission's Executive Director shall
				  designate a pool administrator.
(2)
				  The pool administrator will recommend a policy, operating procedures, and forms
				  for the administration of this section for approval by the Executive
				  Director.
(3) Operation of the pool
				  shall be consistent with Texas Government Code, Chapter 661, Subchapter A-1.
				  State Employee Family Leave Pool.
(4) Adoption of this rule is required of
				  state agencies by Texas Government Code § 661.022.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter B - OFFICIAL CORPORATE SPONSORS › Section 11.41 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Commission--Texas Historical Commission.
(2) Commission brands--The Commission's
				  trademarks, logos, name, seal, and other intellectual property.
(3) Commission site (or "site")--A state
				  historic site under the jurisdiction of the Commission, or other property or
				  facility owned or operated by the Commission.
(4) For-profit entity--A corporation,
				  organization, sole proprietorship, estate, trust, partnership, association, or
				  any other legal entity, that exists for the purpose of generating
				  profits.
(5) Affiliated non-profit
				  entity--A duly organized and registered non-profit organization whose sole
				  purpose is to support the programs and work of the Commission. This includes
				  the Friends of the Texas Historical Commission and non-profit organizations
				  affiliated with individual historic sites.
(6) Official Corporate Sponsor (OCS)--A
				  for-profit entity that:
(A) is designated as
				  an official corporate sponsor by the Commission;
(B) contributes funds or works with the
				  Commission to raise funds for Commission operations and maintenance or other
				  priority projects or programs, either directly with the Commission or through
				  an affiliated non-profit entity;
(C) receives a valuable consideration from
				  the Commission in return for their contribution; and
(D) is selected as provided in this
				  subchapter.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter B - OFFICIAL CORPORATE SPONSORS › Section 11.42 - Designation of Official Corporate Sponsors

Current through Reg. 49, No. 28; July 12, 2024
(a) A for-profit entity will not be
				  designated as an OCS:
(1) if there is a
				  reasonable possibility of a conflict of interest between the Commission and the
				  business entity, or if the designation would create the appearance of a
				  conflict of interest. Business entities that have contracts with the
				  Commission, recipients of Commission grants or who have business under review
				  by the Commission are considered to have a conflict of interest with the
				  Commission for OCS purposes;
(2) if
				  the affiliation of the Commission with the business entity would undermine the
				  reputation, credibility or integrity of the Commission in the judgment of the
				  Commission; or
(3) if the business
				  entity's mission or purpose conflicts with the mission and goals of the
				  Commission.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter B - OFFICIAL CORPORATE SPONSORS › Section 11.43 - Sponsorship Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) Each OCS shall
				  enter an agreement with the Commission regarding the terms, conditions,
				  restrictions, benefits, roles and responsibilities of the Commission and the
				  OCS and the scope of the OCS designation. Where a donation will be made to an
				  affiliated non-profit entity, that entity may also be a party to the agreement
				  between the Commission and the OCS.
(b) Among the benefits that may be provided
				  by the Commission to an OCS is the right of the OCS to identify itself as an
				  "Official Sponsor of the Texas Historical Commission" or other variations of
				  this designation, including but not limited to the "Official (specific business
				  category) Sponsor of Texas Historical Commission," as defined and limited in
				  the sponsorship agreement.
(c) An
				  OCS's work with the Commission must not conflict with the Commission's mission
				  and goals. Any change in the activities or character of the OCS during the term
				  of the agreement that would create a possible conflict of interest must be
				  brought to the attention of the Commission in a timely manner.
(d) An OCS shall not subcontract or enter an
				  agreement with another person or entity to carry out the OCS's functions as an
				  OCS, except as agreed in writing by the Commission.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter B - OFFICIAL CORPORATE SPONSORS › Section 11.44 - Fundraising by Official Corporate Sponsors

Current through Reg. 49, No. 28; July 12, 2024
(a) An OCS may conduct fundraising activities
				  to generate funds for the Commission or the affiliated non-profit entity only
				  if allowed in the sponsorship agreement.
(b) Where allowed, the OCS shall submit funds
				  generated on behalf of or for the benefit of the Commission as soon as possible
				  and in a manner as determined by the Commission. During the time such funds are
				  being held by the OCS, the OCS shall manage and account for such funds in
				  accordance with applicable accounting standards.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter B - OFFICIAL CORPORATE SPONSORS › Section 11.45 - Donations

Current through Reg. 49, No. 28; July 12, 2024
Nothing in this subchapter shall limit the ability of an
					 OCS or any other business entity to make an unrestricted donation of cash,
					 goods, or services to the Commission or affiliated non-profit entity, so long
					 as the donation is accepted by the Commission or affiliated non-profit entity
					 in accordance with applicable law and Commission policy. Such a donation may be
					 for a general or specific purpose or program.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 11 - ADMINISTRATION DEPARTMENT › Subchapter B - OFFICIAL CORPORATE SPONSORS › Section 11.46 - Advertising

Current through Reg. 49, No. 28; July 12, 2024
(a) Commission funds shall not be used to
				  advertise a product and/or service of the OCS. Commission funds can be used to
				  support the OCS activities under the sponsorship agreement, including but not
				  limited to:
(1) to provide information about
				  the relationship with the OCS and encourage public participation in
				  OCS-sponsored activities or events in support of the Commission's
				  mission;
(2) to provide information
				  about the availability of products and/or services of an OCS that have been
				  created and/or are being made available to benefit the Commission pursuant to a
				  sponsorship agreement; and
(3) to
				  offset fulfillment costs or opportunity costs to the Commission as a result of
				  a sponsored project or as called for in the sponsorship agreement.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 12 - TEXAS HISTORIC COURTHOUSE PRESERVATION PROGRAM › Section 12.1 - Object

Current through Reg. 49, No. 28; July 12, 2024
The Texas Historical Commission, hereafter referred to as 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
				  program is the objective of this chapter.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 12 - TEXAS HISTORIC COURTHOUSE PRESERVATION PROGRAM › Section 12.3 - Scope

Current through Reg. 49, No. 28; July 12, 2024
The intent of these rules is to provide a system by which the
				  commission 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 used are within the legal authority of the commission, and can be
				  defined through the rule-making authority of the commission.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 12 - TEXAS HISTORIC COURTHOUSE PRESERVATION PROGRAM › Section 12.7 - Grant or Loan Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Property Eligibility. In
										order to be eligible for grants or loans under the courthouse program, a historic courthouse owned by either
										a county or municipality must be:
(1) listed in the National Register of
										Historic Places;
(2) designated a Recorded Texas Historic
										Landmark;
(3) designated a State Antiquities Landmark;
(4) determined by the commission to qualify as an eligible property under
										the designations noted above;
(5) certified by the commission as
										worthy of preservation; or,
(6) designated by an ordinance of a
										municipality with a population of more than 1.5 million as historic.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 12 - TEXAS HISTORIC COURTHOUSE PRESERVATION PROGRAM › Section 12.9 - Application Requirements and Considerations

Current through Reg. 49, No. 28; July 12, 2024
(a) A county or municipality that owns a historic courthouse may apply to
										the commission for a grant or loan for a historic courthouse project. The application must include:
(1) the address of the courthouse;
(2) a statement of the historic designations that the courthouse has or is
										likely to receive;
(3) a statement of the amount of money that
										the county or municipality commits to contribute to the project;
(4) a statement of previous county or municipal monies spent on planning
										which the county or municipality may be allowed as credit toward their match;
(5) a statement of whether the courthouse is currently functioning as a
										courthouse or other public facility;
(6) copies of any plans,
										including the required master preservation plan or construction plans and specifications, that the county or
										municipality may have for the project unless the commission already has these plans on file;
(7) copies of existing deed covenants, restrictions or easements held by
										the commission or other preservation organizations;
(8)
										statements of support from local officials and community leaders;
(9) the current cost estimate of the proposed project; and
(10) any other information that the commission may require.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 13 - TEXAS HISTORIC PRESERVATION TAX CREDIT PROGRAM › Section 13.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in these rules shall have the
											  following meanings unless the context clearly indicates otherwise:
(1) Applicant--The entity that has submitted an application for a building
										or structure it owns or for which it has a contract to purchase.
(2) Application--A fully completed Texas Historic Preservation Tax Credit
										Application form submitted to the Commission, which includes three parts:
(A) Part A - Evaluation of Significance, to be used by the Commission to
										make a determination whether the building is a certified historic structure;
(B) Part B - Description of Rehabilitation, to be used by the Commission to
										review proposed projects for compliance with the Standards for Rehabilitation; and
(C) Part C - Request for Certification of Completed Work, to be used by the
										Commission to review completed projects for compliance with the work approved under Part B.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 13 - TEXAS HISTORIC PRESERVATION TAX CREDIT PROGRAM › Section 13.2 - Qualification Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
										Qualification for credit.
(1) An Owner is eligible for a credit for eligible
										costs and expenses incurred in the certified rehabilitation of a certified historic structure if:
(A) the rehabilitated certified historic structure is placed in service on
										or after September 1, 2013;
(B) the Owner has an ownership
										interest in the certified historic structure in the year during which the structure is placed in service
										after the rehabilitation; and
(C) the total amount of the
										eligible costs and expenses incurred exceeds $5,000.