reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 13 - TEXAS HISTORIC PRESERVATION TAX CREDIT PROGRAM › Section 13.3 - Evaluation of Significance

Current through Reg. 49, No. 28; July 12, 2024
(a)
										Application Part A - Evaluation of Significance. Part A of the application requires information to allow the
										Commission to evaluate whether a building is a certified historic structure and shall be completed for all
										buildings to be included in the project. Part A of the application is evaluated against criteria for
										significance and integrity issued by the National Park Service.
(b) Application Requirements. Information to be submitted in Part A of the
										application includes:
(1) Name, mailing address, telephone number, and email
										address of the property owner(s) and Applicant if different from the Owner;
(2) Name and address of the property;
(3) Name of the historic district, if applicable;
(4) Current photographs of the building and its site, showing exterior and
										interior features and spaces adequate to document the property's significance. Photographs must be formatted
										as directed by the Commission in published program guidance materials on the Commission's online Texas
										Historic Preservation Tax Credit Application Guide available by accessing thc.texas.gov;
(5) Date of construction of the property;
(6) Brief description of the appearance of the property, including
										alterations, characteristic features, and estimated date or dates of construction and alterations;
(7) Brief statement of significance summarizing why a property is:
(A) eligible for individual listing in the National Register of Historic
										Places;
(B) contributes to a historic district listed in the
										National Register of Historic Places or a certified local district; or
(C) contributes to a potential historic district, accompanied by:
(i) a map showing the boundary of the potential historic district and the
										location of the property within the district;
(ii) photographs of
										other properties in the district; and
(iii) justification for the
										district's eligibility for listing in the National Register of Historic Places;
(8) A map showing the location of the historic
										property;
(9) Signature of the Owner, and Applicant if different
										from the Owner, requesting the determination; and
(10) Other
										information required on the application by the Commission.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 13 - TEXAS HISTORIC PRESERVATION TAX CREDIT PROGRAM › Section 13.4 - Description of Rehabilitation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Application Part B - Description of Rehabilitation. Part B of the application
				requires information to allow the Commission to determine whether the proposed
				rehabilitation work is consistent with the Standards for Rehabilitation and
				shall be completed for all projects and phases of projects. Part B may only be
				submitted with Part A of the application or after the Part A of the application
				has been submitted to the Commission.
(b) Application Requirements. If a property
				is a certified historic structure or receives a preliminary determination of
				significance, an Applicant or Owner of the property shall request that the
				Commission determine whether the rehabilitation plan is in conformance with the
				Standards for Rehabilitation. Information to be submitted in the Part B
				includes:
(1) Name, mailing address, telephone
				number, and email address of the Owner and Applicant if different from the
				Owner;
(2) Name and address of the
				property;
(3) Current photographs
				of the building and its site, showing exterior and interior features and spaces
				adequate to document the property's significance. Photographs must be formatted
				as directed by the Commission in published program guidance materials on the
				Commission's online Texas Historic Preservation Tax Credit Application Guide
				available by accessing thc.texas.gov;
(4) A rehabilitation plan including drawings
				of the site plan and the building floor plans showing existing conditions and
				all proposed work with elevation drawings if applicable to illustrate any new
				construction, alterations, or additions. Drawings of the existing building
				condition and drawings of the proposed project are required to substantiate the
				scope of the project. If the project is a phased development, a description of
				all phases of work with the associated timeline shall be provided;
(5) Additional photos as necessary to
				completely illustrate all areas of the building that will be affected by the
				rehabilitation;
(6) A timeframe by
				which all work included in the project will be completed with a projected
				starting date and completion or placed in service date;
(7) An estimate of the aggregate eligible
				costs and expenses;
(8) Signature
				of the Owner, and Applicant if different from the Owner, requesting the review;
				and
(9) Other information required
				on the application by the Commission.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 13 - TEXAS HISTORIC PRESERVATION TAX CREDIT PROGRAM › Section 13.5 - Request for Certification of Completed Work

Current through Reg. 49, No. 28; July 12, 2024
(a) Application Part C - Request for
				Certification of Completed Work. Part C of the application requires information
				to allow the Commission to certify the completed work follows the Standards for
				Rehabilitation and the rehabilitation plan as approved by the Commission in the
				Part B review. Part C may be submitted when the project is placed in
				service.
(b) Application
				requirements. Information to be submitted in the Part C includes:
(1) Name, mailing address, telephone number,
				and email address of the property owner(s);
(2) Name and address of the
				property;
(3) Photographs of the
				completed work showing similar views of the photographs provided in Parts A and
				B. Photographs must be formatted as directed by the Commission in published
				program guidance materials on the Commission's online Texas Historic
				Preservation Tax Credit Application Guide available by accessing
				thc.texas.gov;
(4) Evidence of the
				placed in service date, such as a certificate of occupancy issued by the local
				building official, certificate of substantial completion, final invoice issued
				by a contractor, or alternative documentation approved by the Commission;
				and
(5) Other information required
				on the application by the Commission.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 13 - TEXAS HISTORIC PRESERVATION TAX CREDIT PROGRAM › Section 13.6 - Application Review Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Application
				form. The Commission staff will develop the application and may modify it as
				needed over time. All required forms, including application Parts A, B, C, and
				amendment forms, are available from the Commission at no cost.
(b) Delivery. Applications will be accepted
				beginning on January 1, 2015 and continuously thereafter. Applications should
				be submitted to the Commission in the manner and format directed by the
				Commission in published program guidance materials on the Commission's online
				Texas Historic Preservation Tax Credit Application Guide available by accessing
				thc.texas.gov.
(c) Application Part
				A - Evaluation of Significance. Part A of the application will be used by the
				Commission to confirm historic designation or to determine if the property is
				eligible for qualification as a certified historic structure.
(1) If a property is individually listed in
				the National Register of Historic Places or designated as a Recorded Texas
				Historic Landmark or State Antiquities Landmark, the property is qualified as a
				certified historic structure.
(2)
				The applicant will be responsible for providing sufficient information to the
				Commission with which the Commission staff may make a determination. If all
				requested information is not provided to make a determination that a building
				is eligible for designation as a certified historic structure, the staff may
				request additional information from the applicant. If the additional
				information requested is not provided in a timely manner, the application will
				be considered incomplete and review of the application will be placed on hold
				until sufficient information is received.
(3) The Commission staff review Part A of a
				complete application, unless otherwise provided in §
										13.8 of this title (relating to
				Relationship with the Federal Rehabilitation Tax Credit Program), and shall
				notify the applicant in writing of any determination it makes upon completing
				the review of Part A of the application.
(4) There is no fee to review Part A of the
				application.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 13 - TEXAS HISTORIC PRESERVATION TAX CREDIT PROGRAM › Section 13.7 - Inspection

Current through Reg. 49, No. 28; July 12, 2024
(a) Inspection. The Commission may conduct an
				inspection of a project for which an application has been submitted to review
				current conditions, work completed in association with the current application,
				or previously executed phases of work.
(b) Notice. The Commission must give
				reasonable notice of not less than 48 hours to the applicant of its intent to
				inspect the property.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 13 - TEXAS HISTORIC PRESERVATION TAX CREDIT PROGRAM › Section 13.8 - Relationship with the Federal Rehabilitation Tax Credit Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Projects seeking federal and state
				credits. Projects seeking certification for both the federal rehabilitation tax
				credit and the Texas Historic Preservation Tax Credit must meet eligibility
				requirements for each program separately.
(1)
				Applicants for both programs shall submit the first page of the Part A, B, and
				C application forms, accompanied by the Part 1, 2, and 3 application forms for
				the federal rehabilitation tax credit program, respectively.
(2) A project , or any part or phase of a
				project, also submitted for the federal rehabilitation tax credit will be
				reviewed and approved or rejected by the National Park Service before the
				Commission issues its determinations under this chapter. Official written
				determinations from the National Park Service, including Advisory
				Determinations on phased work, may meet this qualification. The Commission will
				consider National Park Service decisions in rendering its determinations. A
				project that receives certification for the purposes of the federal
				rehabilitation tax credit will receive a certification of eligibility pursuant
				to the Texas Historic Preservation Tax Credit, provided that the building is a
				certified historic structure at the time the credit is taken.
(3) Applicants may subdivide a phased project
				submitted for the federal rehabilitation tax credit program into a series of
				smaller projects submitted for the state program. These smaller projects must
				be described in the application for the federal credit at the outset of the
				project, and must correlate to individual phases of the federal phased project.
				Each project corresponding to a phase of the federal tax credit project may be
				submitted for the state credit when that phase of work is placed in service.
				Official determinations from the National Park Service must still be received
				for each phase of work submitted for the federal program before the Commission
				issues its determination on each corresponding smaller project submitted for
				the state program.
(4) The review
				fees required per §
										RSA 13.6
				of this title, Application Review Process, must be paid before the Commission
				will issue any determinations or certifications pursuant to the Texas Historic
				Preservation Tax Credit, even if the project has previously received
				certification by the National Park Service for the federal rehabilitation tax
				credit.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 13 - TEXAS HISTORIC PRESERVATION TAX CREDIT PROGRAM › Section 13.9 - Appeals

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant or owner may appeal any
				determination on a Part B or Part C application that a rehabilitation does not
				meet the Secretary of the Interior's Standards for Rehabilitation under §
									RSA 13.6<subdiv>(d)(2)(C) or (e)(3)(B)</subdiv> of this chapter (relating to
				Application Review Process) and is therefore denied credits. A request for an
				appeal shall be made in writing to the Executive Director of the Texas
				Historical Commission, 1511 Colorado Street, Austin, Texas 78711, within 30
				days of issuance of the decision that is the subject of the appeal.
(b) All information that the appellant wishes
				the Executive Director to consider shall be presented in writing. The Executive
				Director may request additional information from the appellant if the Executive
				Director determines such additional information is necessary to make a decision
				on the appeal.
(c) The Executive
				Director shall consider the appellant's previously submitted application
				materials, any further written submissions by the appellant, and other
				available information. The Executive Director may take into account new
				information not previously available or submitted, alleged errors in
				professional judgment, alleged prejudicial procedural errors, or other errors
				related to the previous determination on Part B or Part C of an application.
(d) The Executive Director's
				decision may reverse the appealed decision in whole or in part, affirm the
				appealed decision in whole or in part, or resubmit the matter to program staff
				for further consideration.
(e) A
				written decision on the appeal will be provided to the appellant no more than
				60 days after the Executive Director receives an appeal under this rule;
				provided, however, that if the Executive Director requests additional
				information from the appellant then the written decision on the appeal will be
				provided within 60 days of the last materials provided in response to the
				Executive Director's request.
(f)
				The appellant may request that the Executive Director reconsider the Executive
				Director's decision on appeal. Such requests must be submitted to the address
				stated above no more than 30 days following issuance of the decision that is
				the subject of the request for reconsideration. The Executive Director may
				accept the request and reconsider the decision or deny the request. Appellants
				are not entitled to further review after the Executive Director's final
				decision upon a request for reconsideration.
(g) The appeals process established by this
				rule is not a contested case under Texas Government Code Chapter 2001 and does
				not grant any right to judicial review.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 14 - TEXAS HISTORICAL ARTIFACTS ACQUISITION PROGRAM › Section 14.1 - Scope

Current through Reg. 49, No. 28; July 12, 2024
The intent of these rules is to provide a program by which
				  the Texas Historical Commission, hereafter referred to as the commission, may
				  acquire documents, records, or historical artifacts related to the history of
				  Texas.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 14 - TEXAS HISTORICAL ARTIFACTS ACQUISITION PROGRAM › Section 14.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
When used in this chapter, the following words or terms have
				  the following meanings unless the context indicates otherwise.
(1) Historical Artifacts--The tangible
				remains of existing and past inhabitants of, and visitors to, the state of
				Texas.
(2) Records--Documents that
				are written, either by hand or mechanical impression, that provide important
				information related to the history of Texas.
(3) Documents--Written letters, diaries,
				journals, books, photographs, drawn pictures, or any other material accounts or
				portrayals of information related to the history of Texas.
(4) Acquisition--The purchase or other
				necessary expenditures associated with obtaining, transporting, packaging, and
				preparing documents, records, or historical artifacts for perpetual
				preservation, including cataloguing, collecting, analyzing, conserving,
				excavating, or curating. Ownership of all materials will be by the State of
				Texas.
(5) Museum--The Bob Bullock
				Texas State History Museum, or any public or private institution that is
				organized on a permanent basis for mainly educational or aesthetic purposes,
				uses a professional staff, owns or uses tangible objects, whether animate or
				inanimate, cares for those objects and exhibits them to the public on a regular
				basis for at least 120 days a year, and has as a primary purpose the curation
				or display of documents, records, or historical artifacts important to Texas
				history. Such institutions must be certified by the commission's Curatorial
				Facility Certification Program to hold state-associated held-in-trust
				collections, in accordance with Chapter 29 of this title (relating to
				Management and Care of Artifacts and Collections).
(6) Repository--Any publicly or privately
				supported institution that has as its primary purpose the curation for public
				benefit of documents, records, or historical artifacts important to Texas
				history. Such institutions must be certified by the commission's Curatorial
				Facility Certification Program to hold state-associated held-in-trust
				collections, in accordance with Chapter 29 of this title.
(7) Emergency acquisition--That the decision
				to purchase documents, records, or historical artifacts must be made before the
				next scheduled meeting of the commission. Such decisions would be necessary
				because the documents, records, or artifacts are available for immediate sale
				and are not likely to be available for acquisition at the next scheduled
				commission meeting. The decision to make an emergency acquisition will be made
				by the executive director with the advice of the chair of the
				commission.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 14 - TEXAS HISTORICAL ARTIFACTS ACQUISITION PROGRAM › Section 14.5 - Acquisition Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Documents,
				records, or historical artifacts, hereafter collectively referred to as
				historical items, may be identified for potential purchase by any person and
				brought to the attention of the commission.
(b) Only historical items that represent a
				unique opportunity to preserve the cultural heritage of Texas will be
				considered for acquisition. Historical artifacts, records, and documents
				recommended for acquisition will be researched for authenticity and
				appropriateness of acquisition, by the staff of the commission, or consultants
				contracted by the commission for this purpose. Staff will make a recommendation
				to the commission.
(c) The
				commission will review the recommendation for the acquisition of historical
				items, including the staff findings and comments, and will make a final
				decision to proceed or to not proceed with the acquisition. Commission review
				can occur at a regularly called meeting or by special meeting as called by the
				chair of the commission.
(d) In
				cases of emergency acquisition, the executive director, in consultation with
				the chair, may make a final decision to proceed or to not proceed with an
				acquisition of historical items. The decision shall be reported by the chair at
				the next regularly scheduled meeting of the commission. The commission will not
				purchase items of questionable origin.
(e) The commission will decide if a museum or
				repository will receive the acquired historical items. Acquisitions may also be
				made by the commission for historical items to be maintained at the
				commission's headquarters. For materials not housed at the commission's
				headquarters, held-in-trust agreements will be executed between the receiving
				museum or repository and the commission to insure the safety and long-term care
				of the historical items. Exceptions to the certification requirement may be
				considered by the commission on a case-by-case basis.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 15 - ADMINISTRATION OF FEDERAL PROGRAMS › Section 15.1 - Designation of State Historic Preservation Officer

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission is hereby designated to
				administer the Federal National Historic Preservation Act of 1966 and any
				amendments thereto and is authorized and empowered to prepare, maintain, and
				keep up to date a statewide comprehensive historic preservation plan.
(b) The governor of Texas, in accordance with
				Texas Government Code, Chapter 442, §442.005, has designated the executive
				director of the Texas Historical Commission as the state historic preservation
				officer, or state liaison officer of Texas.
(c) The National Historic Preservation Act of
				1966, as amended, established the principal responsibilities of the state
				historic preservation officer for each state, which are:
(1) in cooperation with federal and state
				agencies, local governments, and private organizations and individuals, direct
				and conduct a comprehensive statewide survey of historic properties and
				maintain inventories of such properties;
(2) identify and nominate eligible properties
				to the National Register and otherwise administer applications for listing
				historic properties on the national register;
(3) prepare and implement a comprehensive
				statewide historic preservation plan;
(4) administer the state program of federal
				assistance for historic preservation within the state;
(5) advise and assist, as appropriate,
				federal and state agencies and local governments in carrying out their historic
				preservation responsibilities;
(6)
				cooperate with the secretary, the Advisory Council on Historic Preservation,
				and other federal and state agencies, local governments, and organizations and
				individuals to ensure that historic properties are taken into consideration at
				all levels of planning and development;
(7) provide public information, education and
				training, and technical assistance relating to the federal and state historic
				preservation programs; and
(8)
				cooperate with local governments in the development of local historic
				preservation programs and assist local governments in becoming
				certified.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 15 - ADMINISTRATION OF FEDERAL PROGRAMS › Section 15.5 - Federal Tax Incentives

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligibility.
				The certified rehabilitation of a certified historic structure may qualify for
				a rehabilitation credit on federal income taxes as provided for in the Internal
				Revenue Code,
				26 United States
				Code§§47,
				RSA 48<subdiv>(g)</subdiv>
				and
				RSA 170<subdiv>(h)</subdiv>;
				applicable Internal Revenue Service regulations including 26 Code of Federal
				Regulations §1.48-12; and National Park Service regulations including 36
				Code of Federal Regulations Part 67.
(b) Applications. Pursuant to 36 Code of
				Federal Regulations §67.1(c), the Texas Historical Commission, as the
				State Historic Preservation Office, participates in the review of request for
				certification. Two copies of the Historic Preservation Certification
				Application must be submitted to the Texas Historical Commission for review.
				Within 30 days of receipt of a complete, adequately documented application, the
				commission forwards one copy of the application and the commission's
				recommendations to the U.S. Department of the Interior for a final
				certification decision. The Texas Historical Commission provides technical
				consultation during planning and implementation of project work.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 15 - ADMINISTRATION OF FEDERAL PROGRAMS › Section 15.6 - Rules and Procedures for Certified Local Governments

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The Certified Local Government
				program (hereinafter referred to as the Program) is part of the Historic
				Preservation Fund (HPF) grants-in-aid program authorized by the National
				Historic Preservation Act of 1966 (
				RSA 470 et seq.) (also referred to as the Act),
				to provide a statutory framework for national historic preservation
				partnerships among federal, state, tribal, and local governments in the
				identification, evaluation, designation, and protection of historic and
				prehistoric properties. The Texas State Historic Preservation Office (Texas
				SHPO), within the Texas Historical Commission (THC), coordinates the state's
				preservation responsibilities as set out in the Act. Local participation in
				this Program is provided to local governments that are certified by the
				Secretary of the United States Department of the Interior and administered by
				the National Park Service (NPS) through the Program.
(1) Section 101(c)(1) of the Act directs the
				Texas State Historic Preservation Officer (SHPO) and the Secretary of the
				Department of the Interior through the NPS to participate in the partnership
				and Title 36, Code of the Federal Regulations, Part 61.6 lists requirements
				that the SHPO and local governments are to meet.
(2) These requirements are also found in the
				Historic Preservation Fund (HPF) grants manual, as published and amended by the
				NPS.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 16 - HISTORIC SITES › Section 16.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms shall have the specified
				  meanings when used in this chapter unless the context clearly requires
				  otherwise.
(1) Commission--The Texas
				Historical Commission.
(2)
				Executive Director--The Executive Director of the Commission.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 16 - HISTORIC SITES › Section 16.3 - Addition of Historic Sites to the Texas Historical Commission Historic Sites Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Criteria. The
				addition of new Historic Sites will follow the "State Historic Sites Historic
				Properties Collection Plan" in a three-step process as posted on the Texas
				Historical Commission's (Commission) website at thc.texas.gov detailing themes
				and subthemes in Texas history, site assessment, operational and managerial
				evaluations processes and the following criteria:
(1) The property must have recognized
				statewide or national significance based on the standards of the National
				Register of Historic Places.
(2)
				The property should be able to provide interpretation of a significant theme or
				event of Texas history that is not fully represented by the Commission's
				existing historic sites or other historic sites accessible to the public. The
				Commission will strive to maintain a geographic, cultural and thematic balance
				in its program.
(3) The property
				should have exceptional integrity of location (including surrounding
				environment), design, material, setting, feeling, and association.
(4) The property should have appropriate
				collections (objects, manuscript material, artifacts) associated with the
				historic site or necessary artifacts related to the site's history and period
				of significance should be identified and available.
(5) The property must be appropriate for use
				as an interpretive museum or historic site, have high potential to attract and
				accommodate diverse and new audiences, and be accessible to travelers as well
				as to the local community.
(6) The
				property must be available without restrictions that would limit the
				Commission's options for preservation and interpretation as a historic site
				(for example, a life estate retained by the grantor, restrictions against
				future sale or conveyance, or limits on alterations deemed appropriate by the
				Commission). The Commission encourages the use of easements or other
				restrictions to ensure the preservation of historic sites.
(7) Financial resources must be available or
				assured, including an endowment fund where appropriate, or sources of funding
				must be identified in a comprehensive funding plan to ensure the restoration,
				interpretation, development, long term operation and preservation of the
				site.
(8) The property must have
				the potential for strong supporting partnerships including community
				support.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 16 - HISTORIC SITES › Section 16.5 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
Penalties for violations of §
									RSA 16.4 of
				  this chapter (relating to Rules of Visitor Conduct) are Class C Misdemeanors,
				  pursuant to Texas Government Code, §
									RSA 442.205.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 16 - HISTORIC SITES › Section 16.6 - Volunteer Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
				may use the services of volunteers to help carry out the duties and
				responsibilities of the agency.
(1) Site
				managers are responsible for documenting their volunteer program and recording
				volunteer service to commission both on and off site. Volunteers will be
				required to sign in and out to verify hours of service and their supervisor
				will be required to record all program areas and task assignments to
				volunteers.
(2) All volunteers will
				be required to sign a waiver of liability.
(3) Volunteers may not drive agency vehicles
				such as cars, trucks and vans. With the permission of the site manager and
				proof of competency and insurance, a volunteer may operate equipment such as
				mules, golf carts, tractors and riding mowers. Site staff may transport
				volunteers in a state vehicle for purposes of carrying out their volunteer
				assignment.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 16 - HISTORIC SITES › Section 16.7 - Supporting Nonprofit Partners

Current through Reg. 49, No. 28; July 12, 2024
(a) The Deputy Executive Director for State Historic Sites or that person's designee shall work with members of the public to establish and maintain Supporting Nonprofit Partners (SNPs) to assist the Texas Historical Commission (THC) in carrying out its mission through the preservation of, and programming at, State Historic Sites as appropriate to each site.
(b) To be considered an SNP pursuant to this section, an entity must:
(1) Either receive a 501c3 designation from the Internal Revenue Service and be incorporated in accordance with the Texas Nonprofit Corporation Act (Business Organizations Code, Chapter 22), or be fiscally sponsored by the Friends of the Texas Historical Commission (FTHC), and
(2) Within 60 days of receiving an official 501c3 designation or notice of fiscal sponsorship by the FTHC, enter into a Memorandum of Agreement with the THC, which agreement will detail the duties and responsibilities of both parties.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 16 - HISTORIC SITES › Section 16.8 - Contracts for Public Works

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
				shall solicit, evaluate, negotiate, select and award contracts for construction
				projects by means of a fair and impartial method as authorized by applicable
				law.
(b) The Commission shall
				ensure that any method used to solicit, evaluate, select and award a contract
				for construction results in the best value for the Commission.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 16 - HISTORIC SITES › Section 16.9 - Disclosure of Personal Customer Information

Current through Reg. 49, No. 28; July 12, 2024
(a)
				In accordance with Texas Government Code, §
									RSA 442.0054,
				the Texas Public Information Act is not applicable to personal customer
				information obtained from persons who purchase customer products, licenses, or
				services from the Commission.
(b)
				The Commission will collect and use personal customer information only as
				required to carry out Commission functions.
(c) This chapter shall apply to customer
				information regardless of the form in which the customer information is
				maintained and shall also apply to mailing lists.
(d) The Commission will not sell or exchange
				any personal customer information as described in subsection (a) of this
				section.
(e) The name and address
				and telephone, social security, driver's license, bank account, credit card, or
				charge card number of a person who purchases customer products or pays for
				admission or facility use at a State Historic Site operated by the Commission
				will not be disclosed except as otherwise required by law or as authorized:
(1) to federal or state law enforcement
				agency if the agency provides a lawfully issued subpoena; or
(2) to another governmental body with a
				statutory authority to request and use the information that agrees to maintain
				confidentiality of the information.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 16 - HISTORIC SITES › Section 16.10 - Commemorative Naming of State Historic Site Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Commemorative naming refers to the naming
				of a property or some component of a property for an individual or civic or
				charitable group in recognition of outstanding achievement, distinctive
				service, or significant community contribution, generally without financial
				consideration.
(b) The term "civic
				or charitable group" shall mean a nonprofit entity, family or group that has
				made a substantial contribution to the state or community, either through civic
				involvement, through involvement in historic events relevant to a specific
				State Historic Site, or through an in-kind donation to support a specific State
				Historic Site. For-profit entities shall not be considered civic or charitable
				groups for purposes of this section.
(c) Only non-historic features at State
				Historic Sites may be named pursuant to these rules, such as new visitor
				centers, meeting rooms, theaters, galleries, plazas, and other similar features
				designed for public use.
(d) The
				Executive Director and the Deputy Executive Director for Historic Sites shall
				have the authority to independently review and recommend commemorative naming
				proposals to the Commission for final approval.
(e) Any proposal for commemorative naming
				shall be made in writing and shall include sufficient explanation to enable the
				Commission to make a determination that the request is justified and complies
				with this policy.
(f) In reaching
				its decision, the Commission shall consider the proposed name, any
				contributions the individual or organization has made to the state of Texas,
				whether or not the local community supports the proposal, and, in the case of
				individuals, whether or not the person's surviving family supports the
				proposal.
(g) Commemorative naming
				may not reference any person not deceased for at least five years.
(h) Commemorative renaming of existing named
				facilities is discouraged.
(i) The
				Commission shall have the authority to rescind the naming of any property or
				component of any property if, in the Commission's opinion, the individual,
				civic or charitable group is found to have participated in any behavior which
				would have a negative impact on the site or agency or would discredit the work
				of the agency in any way.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 16 - HISTORIC SITES › Section 16.12 - Operation and Leasing of State Historic Site Concessions

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions
(1) State historic site: A state owned
				historic property under the management control of the Commission.
(2) Concessions: Those services and
				accommodations offered to the public at state historic sites for which charges,
				fees, admissions, or similar assessments are collected, excluding historic
				sites admissions and facilities use fees.
(3) Concessioner: Any person, partnership, or
				corporation granted leased concession rights or privileges at a state historic
				site.
(4) Franchise fee: The annual
				fee or percentage of gross receipts a concessioner pays to the Commission for
				state historic site concession rights or privileges.
(5) Leased concessions: Rights or privileges
				granted by the Commission to any individual, partnership, or corporation to
				provide visitor services and accommodations for profit within the boundaries of
				a state historic site property.
(6)
				Visitor services: Contracted service to operate a facility, program, retail
				store, food service, event, rental program and any other public service to
				address the public's use and enjoyment.
(7) Accommodation: Contracted services to
				operate lodging, camping, RV park or other like overnight programming
				addressing the public's use and enjoyment.
(8) Incidents: Any occurrence and or site
				condition impacting the health and safety of the staff and public.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 18 - TEXAS HOLOCAUST, GENOCIDE, AND ANTISEMITISM ADVISORY COMMISSION › Section 18.1 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				Texas Government Code Section
				448, the Texas
				Holocaust, Genocide, and Antisemitism Advisory Commission (THGAAC) performs its
				statutory duties as an advisor to the Texas Historical Commission (THC)
				consistent with Government Code Chapter 442.
(b) THGAAC shall provide advice and guidance
				to THC on matters related to the Holocaust and other genocides and
				antisemitism, generally. Such guidance may, on occasion, take the form of
				recommendations that THC carry out certain actions consistent with THC and
				THGAAC's respective enabling acts, such as making grant awards, approving
				travel for staff and advisory commission members, approving contract amendments
				in certain amounts or for certain terms, or adopting administrative rules
				governing the operation of THGAAC.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 18 - TEXAS HOLOCAUST, GENOCIDE, AND ANTISEMITISM ADVISORY COMMISSION › Section 18.5 - Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) The THC may enter into contracts with one
				or more non-profit organizations to assist the advisory commission in
				fulfilling its duties.
(b) Each
				such contract shall clearly establish the role of the non-profit, the nature of
				the relationship between the non-profit and the THC and the THGAAC, the
				performance expectations for the non-profit, any requirements or expectations
				regarding the activities and the employees of the non-profit, the THC's
				expectations regarding ownership of products developed by the non-profit, the
				THC's long-term goals for the THGAAC and the non-profit's role in achieving
				those goals, a system for evaluating the non-profit's performance, and what
				support, if any, THC will provide to the non-profit in fulfillment of the
				contract.
(c) The provisions of
				TAC, Title 13, Part 2, Ch 11, Subchapter A, §11.9 (relating to Donations
				and Relationships with Affiliated Non-Profit Organizations) will apply to any
				relationship between the THC, THGAAC, and a non-profit organization pursuant to
				this section.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 18 - TEXAS HOLOCAUST, GENOCIDE, AND ANTISEMITISM ADVISORY COMMISSION › Section 18.7 - Related Non-Profit Organization

Current through Reg. 49, No. 28; July 12, 2024
The THC may enter into a relationship with a non-profit
				  organization, the purpose of which is to raise funds for or provide services or
				  other benefits to the THGAAC. The relationship between the non-profit and
				  THGAAC, including the detailed roles of each entity, must be reduced to writing
				  in a Memorandum of Understanding (MOU), which must be approved by the THC to be
				  effective. Also included in the MOU will be performance expectations for the
				  non-profit, any requirements or expectations regarding the activities and the
				  employees of the non-profit, and the THC's expectations regarding ownership of
				  products developed by the non-profit.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 18 - TEXAS HOLOCAUST, GENOCIDE, AND ANTISEMITISM ADVISORY COMMISSION › Section 18.9 - Administrative Grant Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				Government Code §
									448.101(c)
				THC may provide matching grants to assist in the implementation of the THGAAC's
				goals and objectives.
(b) On an
				annual basis and with the advice of the THGAAC, THC shall set a maximum amount
				that will be available for grants and establish a funding cycle for such
				grants. Any project types that will be given scoring priority in that grant
				round will also be identified. All grants shall be awarded on a reimbursement
				basis, i.e. the grant recipient must provide proof that funds have been
				expended in compliance with the grant contract and request reimbursement from
				THC before payment will be made from the grant.
(c) Grants may be awarded for any of the
				following purposes:
(1) To combat antisemitism
				and to implement Holocaust and genocide courses of study and awareness
				programs;
(2) To support volunteers
				who have agreed to share, in classrooms, seminars, exhibits, or workshops,
				their verifiable knowledge and experiences regarding the Holocaust or other
				genocides;
(3) To support events
				memorializing the Holocaust and other genocides;
(4) To support events designed to enhance
				public awareness of the fight against antisemitism and continuing significance
				of the Holocaust and other genocides; and
(5) To support efforts to recognize
				International Holocaust Remembrance Day.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 19 - TEXAS MAIN STREET PROGRAM › Section 19.1 - Object

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Historical Commission
				(Commission) is specifically empowered to designate and provide assistance to
				Texas cities through the Texas Main Street Program.
(b) The mission of the Texas Main Street
				Program is to assist Texas communities in the preservation and revitalization
				of historic downtowns and commercial neighborhood districts in accordance with
				the national Main Street Approach .
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 19 - TEXAS MAIN STREET PROGRAM › Section 19.2 - Scope

Current through Reg. 49, No. 28; July 12, 2024
These rules provide a system by which the Commission may
				  designate and provide service to Texas Main Street cities. All applications,
				  designations, and services shall comply with these rules.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 19 - TEXAS MAIN STREET PROGRAM › Section 19.4 - Application to the Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Application to
				the program. Applications to the program are due annually on the last working
				day of July or other dates established by the Commission.
(b) Eligibility. Cities with population of
				50,000 or fewer may apply to the Main Street Program as a Texas Main Street
				Small City. Cities with population of 50,001 or more people may apply to the
				Main Street Program as a Texas Main Street Urban City. Cities of any population
				that are not accepted upon the first application may be invited by the
				Commission to participate in the program as a Texas Main Street Provisional
				City. Cities that formerly participated in the program and whose participation
				ceased may reapply as a Texas Main Street Recertified City within the
				currently-appropriate population category. Cities or commercial neighborhood
				districts may apply as Texas Main Street Affiliates in accordance with
				requirements outlined in the application guidelines.
(c) Qualifications. Applications must
				demonstrate an acceptable number of historic commercial buildings, public
				sector support, community and private sector support and meet any other
				requirements outlined in the application guidelines.
(d) Application guidelines. The Commission
				shall determine the application guidelines and requirements and make them
				available to cities in advance of the application deadline.
(e) Review of Applications. The Main Street
				Interagency Council shall review applications for designation as official Texas
				Main Street cities. Recommendations from the Interagency Council and staff are
				forwarded to the Commission for final selection. Applications for Texas Main
				Street Affiliates shall be reviewed by staff and recommendations forwarded to
				the Commission for final selection.
(f) Official selection. The Commission shall
				select new, recertified, provisional, or affiliate Texas Main Street cities by
				vote at a meeting of the Commission. Up to five new or recertified cities per
				year may be selected, subject to available resources. Provisional or affiliate
				participants are selected subject to available Commission resources.
(g) Cities not selected. Cities not selected
				will be so notified in writing by the state coordinator of the Texas Main
				Street Program. Such cities will be given an evaluation of their application
				and reasons they were not selected upon request.