Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 15 - ADMINISTRATION OF FEDERAL PROGRAMS › Section 15.3 - State Board of Review/National Register

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Name. The name of this organization shall be the State Board of Review
				(hereafter referred to as the "board", "review board", or "board of review")
				for the National Register of Historic Places, Texas.
(b) Purpose. The purpose of this organization
				is to review and make recommendations to the state historic preservation
				officer regarding nominations from Texas to the National Register of Historic
				Places (hereafter referred to as the "National Register"), and to perform other
				duties and responsibilities as prescribed in the Federal Register.
(c) Membership. The voting membership of the
				board of review shall consist of 11 Texas residents. The board shall include
				one professional in the disciplines of history, prehistoric archeology, and
				historic archeology, and two professionals each in architectural history and
				architecture. All professional members shall meet the minimum standards of
				professional qualifications as set forth in the Federal Register (Part V: 36
				Code of Federal Regulations Part 61, §61.4(e)) and verified by the state
				historic preservation officer (state liaison officer). Professionals from
				closely related fields are eligible to serve on the board of review in lieu of
				the above specified professionals subject to the approval of the National Park
				Service. Four citizen members with a demonstrated interest, competence, and
				knowledge in historic preservation will be selected and shall serve as voting
				members. Whenever possible, one of these members shall be selected from the
				appointed representatives from Texas serving as advisors to the National Trust
				for Historic Preservation.
(d)
				Appointments. Appointments to the board of review shall be upon recommendation
				of the State Historic Preservation Officer and confirmed by a majority vote of
				the Texas Historical Commission (hereafter referred to as the "commission").
				The term of office for board of review members shall be two years, with five
				members to be appointed one year and six to be appointed on alternate years.
				Terms shall begin October 1. Appointments by the commission to fill vacancies
				may occur at any time during the year. No member of the board shall be
				appointed to more than three consecutive terms.
(e) Election and duties of officers. A
				chairperson, vice-chairperson, and secretary will be elected by the review
				board annually by a majority vote at the first meeting of each federal fiscal
				year. The chairperson shall perform such duties as are properly required of him
				or her by the board. He/she shall have general supervision of the affairs of
				the board, and shall have authority to interpret and carry out all policies
				established by its members. The vice-chairperson shall perform such duties as
				the board or chairperson directs, and shall preside in the absence of the
				chairperson. The secretary shall certify the minutes of all meetings of the
				board and shall perform other duties as may be prescribed by the chairperson or
				board. The secretary shall preside in the absence of both the chairperson and
				the vice-chairperson. The secretary shall complete an evaluation form for each
				nomination presented by staff at each board meeting. The form will become a
				part of the commission's permanent record of opinions and decisions by the
				board, and will be filed in the National Register programs office of the
				commission.
(f) Meetings. Meetings
				of the board of review shall be held as many times per year as prescribed in
				the Federal Register (Part V: 36 Code of Federal Regulations Part 61,
				§61.4(e)) pertaining to the National Register. Other meetings may be
				called by the chairperson as needed. The majority of the membership shall
				constitute a quorum and the chairperson shall vote only to break a tie. The
				chairperson may appoint members to committees for specific purposes and
				committee meetings may be required. Committee reports, if any, shall be given
				to the full board. If the elected secretary is absent from a board meeting, the
				chairperson shall appoint a member of the board to serve as the
				secretary.
(g) Rules. The board of
				review shall adopt these written procedures as required by the federal
				guidelines for the National Register as published in the Federal Register (Part
				V: 36 Code of Federal Regulations Part 61, §61.4(e)). The adoption of, and
				amendments to, these rules shall be subject to approval and adoption as rules
				by the commission.
(h) Code of
				conduct.
(1) No member of the board of review
				may vote upon the consideration of a property for nomination to the National
				Register if the member has a conflict of interest, real or potential, in that
				vote.
(2) A member of the board of
				review has a conflict of interest in such a vote if there is likely to be a
				financial benefit from the property being considered to any of the following:
(A) the member of the board of review;
				or
(B) any person of the member's
				immediate family, which includes spouse and any minor children; or
(C) a business partner of the member;
				or
(D) any organization for profit
				in which the member, or any person of subparagraphs (B) and (C) of this
				paragraph is serving or is about to serve as an officer, director, trustee,
				partner, or employee.
(3) A financial benefit includes, but is not
				limited to, grant money, contract, subcontract, royalty, commission,
				contingency, brokerage fee, gratuity, favor, or any other things of real or
				potential value.
(4) A member of
				the board who has a conflict of interest may not participate as a private
				citizen in the deliberations concerning the property being considered for
				nomination to the National Register.
(5) Prior to any deliberations concerning the
				property in which a member of the board has a conflict of interest, the member
				with a conflict shall announce, for the record, that such a conflict exists and
				physically recuse himself/herself from the decision-making process and not vote
				directly, in absentia, or by proxy in that matter. Review board minutes must
				indicate which member recused himself/herself and the reasons for the
				recusal.