Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 26.5 - Antiquities Advisory Board

Current through Reg. 49, No. 28; July 12, 2024
As permitted by Texas Government Code, §
										RSA 442.005<subdiv>(r)</subdiv>,
					 the commission hereby creates the Antiquities Advisory Board (hereafter
					 referred to as the board). The board shall make recommendations to the
					 commission on issues related to the Antiquities Code of Texas, Texas Natural
					 Resources Code, Title 9, Chapter 191. The board is composed of the following
					 ten membership positions: three members of the commission appointed by the
					 chair, a representative of the Texas Archeological Society (TAS) who is
					 nominated in consultation between TAS and the commission, a representative of
					 the Council of Texas Archeologists (CTA) who is nominated in consultation
					 between CTA and the commission, a state agency archeologist who is nominated in
					 consultation between state agencies that employ archeologists and the
					 commission, two historians nominated by the commission from the discipline of
					 Texas history, and two historic architects nominated by the commission, in
					 consultation with the Texas Society of Architects, from the discipline of
					 historic architecture. The chair of the board is appointed by the chair of the
					 commission, from one of the three commission members that serve on the board.
					 The vice chair will be elected each odd year by the board from within their
					 membership. The archeologists, historians and historic architects serve
					 two-year terms that expire on February 1, of either odd or even numbered years,
					 as determined by the commission. All recommendations made by the board are
					 brought to the commission by the board chair, or one of the other commission
					 members who serve on the board. The board will accomplish its specific duties
					 in the following manner.
(1) Consider
				  and discuss all proposed landmark nominations and any non-adjudicative issues
				  or disputes specifically related to Antiquities Code of Texas and associated
				  permitting issues that are brought before them by the commission, members of
				  the board, or the public.
(2)
				  Function as preliminary reviewers for the commission unless otherwise directed
				  by the commission, or refused by a complainant(s).
(3) Vote on final recommendations related to
				  appropriate issues of concern and present those recommendations to the
				  commission.
(4) Conflicts of
				  interest.
(A) Any member of the board who has
				  a conflict of interest related to an issue that comes before the board shall
				  recuse himself/herself from voting and participating in the discussion on that
				  issue. Prior to any deliberations concerning the issue with 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 absent and
				  recuse himself/herself from the decision-making process and not vote on that
				  matter. Board minutes must indicate which member recused himself/herself and
				  the reason(s) for the recusal.
(B)
				  For the purpose of this chapter a conflict of interest would result if a vote
				  by a member of the board is likely to result in a financial benefit or personal
				  gain for any of the following individuals:
(i) the member of the board;
(ii) any person within the second degree of
				  consanguinity or affinity to the person, which includes a spouse, sibling,
				  parent, grandparent, child or grandchild, whether by blood or
				  marriage;
(iii) a business partner
				  of the member; or
(iv) any
				  organization for profit in which the member, or any person of clauses (ii) and
				  (iii) of this subparagraph, that is serving or is about to serve as an officer,
				  director, trustee, partner, or employee. 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 pecuniary value.