{ "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "ruleCount": 502, "rules": [ { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212954&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212954", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "A", "label": "LIBRARY SERVICES AND TECHNOLOGY ACT STATE PLAN" }, "rule": { "number": "§1.21", "label": "State Plan for the Library Services and Technology Act in Texas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "29749", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas State Library and Archives Commission adopts by reference the State Plan for the Library Services and Technology Act in Texas FFY 2023-2027.", "sourceNote": "Source Note: The provisions of this §1.21 adopted to be effective January 1, 1976; amended to be effective December 12, 1976, 1 TexReg 3458; amended to be effective September 1, 1979, 4 TexReg 2898; amended to be effective March 26, 1980, 5 TexReg 906; amended to be effective August 22, 1980, 5 TexReg 3170; amended to be effective October 27, 1981, 6 TexReg 3810; amended to be effective March 3, 1983, 8 TexReg 553; amended to be effective October 17, 1983, 8 TexReg 3928; amended to be effective August 6, 1984, 9 TexReg 4029; amended to be effective April 29, 1985, 10 TexReg 1227; amended to be effective November 21, 1985, 10 TexReg 4331; amended to be effective September 12, 1986, 11 TexReg 3830; amended to be effective January 23, 1989, 14 TexReg 223; amended to be effective June 4, 1990, 15 TexReg 2851; amended to be effective April 10, 1991, 16 TexReg 1817; amended to be effective December 16, 1991, 16 TexReg 7010; amended to be effective March 24, 1993, 18 TexReg 1679; amended to be effective June 27, 1995, 20 TexReg 4343; amended to be effective November 8, 1996, 21 TexReg 10741; amended to be effective September 6, 1998, 23 TexReg 9028; amended to be effective September 2, 2007, 32 TexReg 5364; amended to be effective March 6, 2023, 48 TexReg 1291." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29749&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "29749", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "B", "label": "STANDARDS FOR ACCREDITATION OF A MAJOR RESOURCE SYSTEM OF LIBRARIES IN THE TEXAS LIBRARY SYSTEM" }, "rule": { "number": "§1.41", "label": "Geographical Area of System" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7174&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7174", "queryAsDate": "03/11/2026" }, "ruleBody": "A major resource system or regional library system shall serve a population of 200, 000 or more within 4,000 or more square miles, including contiguous whole counties.", "sourceNote": "Source Note: The provisions of this §1.41 adopted to be effective September 1, 1977, 2 TexReg 1923; amended to be effective April 30, 1985, 10 TexReg 1227." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7174&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7174", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "B", "label": "STANDARDS FOR ACCREDITATION OF A MAJOR RESOURCE SYSTEM OF LIBRARIES IN THE TEXAS LIBRARY SYSTEM" }, "rule": { "number": "§1.42", "label": "Boundaries of System" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29750&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "29750", "queryAsDate": "03/11/2026" }, "ruleBody": "External boundaries of a major resource system or regional library system shall be coterminous with the boundaries of councils of government, unless permission to vary is granted by the governor's office at the request of the state librarian. The state shall be organized into 10 regions as follows.(1) Big Country Library System (32 counties): Brown, Callahan, Coke, Coleman, Comanche, Concho, Crockett, Eastland, Fisher, Haskell, Irion, Jones, Kent, Kimble, Knox, Mason, McCulloch, Menard, Mitchell, Nolan, Reagan, Runnels, Schleicher, Scurry, Shackelford, Stephens, Sterling, Stonewall, Sutton, Taylor, Throckmorton, Tom Green.(2) Texas Panhandle Library System (26 counties): Armstrong, Briscoe, Carson, Castro, Childress, Collingsworth, Dallam, Deaf Smith, Donley, Gray, Hall, Hansford, Hartley, Hemphill, Hutchinson, Lipscomb, Moore, Ochiltree, Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, Wheeler.(3) Central Texas Library System (30 counties): Bastrop, Bell, Blanco, Bosque, Brazos, Burleson, Burnet, Caldwell, Coryell, Falls, Fayette, Freestone, Grimes, Hamilton, Hays, Hill, Lampasas, Lee, Leon, Limestone, Llano, Madison, McLennan, Milam, Mills, Robertson, San Saba, Travis, Washington, Williamson.(4) South Texas Library System (26 counties): Aransas, Bee, Brooks, Calhoun, Cameron, De Witt, Duval, Goliad, Gonzales, Hidalgo, Jackson, Jim Hogg, Jim Wells, Kenedy, Kleberg, Lavaca, Live Oak, McMullen, Nueces, Refugio, San Patricio, Starr, Victoria, Webb, Willacy, Zapata.(5) Northeast Texas Library System (33 counties): Anderson, Bowie, Camp, Cass, Cherokee, Collin, Cooke, Dallas, Delta, Ellis, Fannin, Franklin, Grayson, Gregg, Harrison, Henderson, Hopkins, Hunt, Kaufman, Lamar, Marion, Morris, Navarro, Panola, Rains, Red River, Rockwall, Rusk, Smith, Titus, Upshur, Van Zandt, Wood.(6) Texas Trans Pecos Library System (nine counties): Brewster, Culberson, El Paso, Hudspeth, Jeff Davis, Pecos, Presidio, Reeves, Terrell.(7) North Texas Library System (20 counties): Archer, Baylor, Clay, Cottle, Denton, Erath, Foard, Hardeman, Hood, Jack, Johnson, Montague, Palo Pinto, Parker, Somervell, Tarrant, Wichita, Wilbarger, Wise, Young.(8) Houston Area Library System (28 counties): Angelina, Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Hardin, Harris, Houston, Jasper, Jefferson, Liberty, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, Tyler, Walker, Waller, Wharton.(9) West Texas Library System (29 counties): Andrews, Bailey, Borden, Cochran, Crane, Crosby, Dawson, Dickens, Ector, Floyd, Gaines, Garza, Glasscock, Hale, Hockley, Howard, King, Lamb, Loving, Lubbock, Lynn, Martin, Midland, Motley, Terry, Upton, Ward, Winkler, Yoakum.(10) San Antonio Area Library System (21 counties): Atascosa, Bandera, Bexar, Comal, Dimmit, Edwards, Frio, Gillespie, Guadalupe, Karnes, Kendall, Kerr, Kinney, La Salle, Maverick, Medina, Real, Uvalde, Val Verde, Wilson, Zavala.", "sourceNote": "Source Note: The provisions of this §1.42 adopted to be effective September 1, 1977, 2 TexReg 1923; amended to be effective April 30, 1985, 10 TexReg 1227; amended to be effective August 23, 1990, 15 TexReg 4577." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29750&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "29750", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "B", "label": "STANDARDS FOR ACCREDITATION OF A MAJOR RESOURCE SYSTEM OF LIBRARIES IN THE TEXAS LIBRARY SYSTEM" }, "rule": { "number": "§1.43", "label": "Long-Range Plan of System Services (Biennial Budget)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "29751", "queryAsDate": "03/11/2026" }, "ruleBody": "On behalf of a major resource system or regional library system, a plan for system services shall be biennially revised, updated, and submitted to the state librarian by the major resource center, nonprofit corporation, or business. Data determining the adequacy of library services, methods to evaluate the effectiveness of system programs, and documentation indicating full membership participation in the planning process shall be included.", "sourceNote": "Source Note: The provisions of this 1.43 adopted to be effective January 19, 1984, 9 TexReg 178; amended to be effective April 30, 1985, 10 TexReg 1227." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29751&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "29751", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "B", "label": "STANDARDS FOR ACCREDITATION OF A MAJOR RESOURCE SYSTEM OF LIBRARIES IN THE TEXAS LIBRARY SYSTEM" }, "rule": { "number": "§1.44", "label": "Annual Program and Budget for System Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7173&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7173", "queryAsDate": "03/11/2026" }, "ruleBody": "On behalf of a major resource system or regional library system, a major resource center, nonprofit corporation, or business shall submit an annual program and budget for system services 150 days prior to the beginning of the state fiscal year for approval by the state librarian. Approval of a major resource system's or regional library system's annual program and budget shall be certified by the state librarian in writing 60 days prior to the beginning of the state fiscal year. If, following consultation with the major resource system or regional library system, the state librarian, on behalf of the Texas State Library and Archives Commission, does not certify approval of the system's annual program of services and budget, the state librarian may recommend that the commission not contract with the major resource center, nonprofit corporation, or business until the plan is acceptably redrawn. If the state librarian does not accept a proposed program of service from a major resource center, nonprofit corporation, or business, a public hearing shall be held within the boundaries of the system, with adequate prior notification to member librarians, to allow exchange of information among member libraries, the state library, and major resource center, nonprofit corporation, or business.", "sourceNote": "Source Note: The provisions of this §1.44 adopted to be effective September 1, 1977, 2 TexReg 1923; amended to be effective December 15, 1980, 5 TexReg 4787; amended to be effective April 30, 1985, 10 TexReg 1227." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7173&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7173", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "B", "label": "STANDARDS FOR ACCREDITATION OF A MAJOR RESOURCE SYSTEM OF LIBRARIES IN THE TEXAS LIBRARY SYSTEM" }, "rule": { "number": "§1.45", "label": "Reestablishment of System Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7175&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7175", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission may, following a public hearing, contract with a major resource center, nonprofit corporation, or business. If necessary, the commission will provide an opportunity for public libraries to rejoin a major resource system or regional library system by resolution or ordinance of their governing authorities; or the commission may transfer the public libraries to other systems and provide an opportunity for the public libraries to join another system by resolution or ordinance.", "sourceNote": "Source Note: The provisions of this §1.45 adopted to be effective September 1, 1977, 2 TexReg 1923; amended to be effective April 30, 1985, 10 TexReg 1227." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7175&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7175", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "B", "label": "STANDARDS FOR ACCREDITATION OF A MAJOR RESOURCE SYSTEM OF LIBRARIES IN THE TEXAS LIBRARY SYSTEM" }, "rule": { "number": "§1.46", "label": "Interlibrary Loan and Reference and Referral Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130779&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130779", "queryAsDate": "03/11/2026" }, "ruleBody": "On behalf of the major resource system, a major resource center shall fully participate in the state library system by providing interlibrary loan and reference referral services to member libraries and other libraries served through the state library system. This requirement for accreditation of a major resource system may be waived at the discretion of the state librarian with the approval of the commission. Should libraries receiving interlibrary loan services experience dissatisfaction with the performance of the interlibrary loan contractor, they have the right and obligation to advise the commission during the period of the contract. This will be taken into consideration when the contract is being negotiated for renewal.", "sourceNote": "Source Note: The provisions of this §1.46 adopted to be effective September 1, 1977, 2 TexReg 1923." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130779&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130779", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "B", "label": "STANDARDS FOR ACCREDITATION OF A MAJOR RESOURCE SYSTEM OF LIBRARIES IN THE TEXAS LIBRARY SYSTEM" }, "rule": { "number": "§1.47", "label": "Consulting and Continuing Education Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117185&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117185", "queryAsDate": "03/11/2026" }, "ruleBody": "A major resource or regional library system shall provide on-site consulting and continuing education services to libraries and unserved areas in its region to meet commission or federal goals.", "sourceNote": "Source Note: The provisions of this §1.47 adopted to be effective September 1, 1977, 2 TexReg 1923; amended to be effective December 15, 1980, 5 TexReg 4787; amended to be effective May 1, 1981, 6 TexReg 1438; amended to be effective February 15, 1982, 7 TexReg 436; amended to be effective April 29, 1985, 10 TexReg 1227; amended to be effective July 5, 2007, 32 TexReg 3982." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117185&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117185", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "B", "label": "STANDARDS FOR ACCREDITATION OF A MAJOR RESOURCE SYSTEM OF LIBRARIES IN THE TEXAS LIBRARY SYSTEM" }, "rule": { "number": "§1.48", "label": "Criteria for Major Resource Centers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7176", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission shall designate a large public library to serve as the major resource center for an area of 4,000 or more square miles. To be designated as the major resource center, the library must:(1) have and annually maintain its accreditation as a member of the library system;(2) employ a full time professional librarian as the library director of the major resource center;(3) employ a staff of professional librarians equal to or exceeding twice the number of professional librarians employed by the system operation grant;(4) have annual total local expenditures equal to or exceeding twice the system operation grant amount.(b) The library must provide the commission with an ordinance or resolution of its governing body accepting the designation as a major resource center and stating the type of service to be given and the area to be served.", "sourceNote": "Source Note: The provisions of this §1.48 adopted to be effective October 17, 2004, 29 TexReg 9531." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7176", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "B", "label": "STANDARDS FOR ACCREDITATION OF A MAJOR RESOURCE SYSTEM OF LIBRARIES IN THE TEXAS LIBRARY SYSTEM" }, "rule": { "number": "§1.53", "label": "Direct Grants-in-Aid: Prohibition" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7177", "queryAsDate": "03/11/2026" }, "ruleBody": "Direct grants-in-aid to major resource system or regional library system member libraries are prohibited. Grants-in-aid are defined as cash grants for library materials or other expenses in which the major benefit is to the receiving library as opposed to the major resource system of libraries. Programs requiring direct grants to member libraries as reimbursement for providing system services are an allowable expense.", "sourceNote": "Source Note: The provisions of this §1.53 adopted to be effective September 1, 1977, 2 TexReg 1293; amended to be effective April 30, 1985, 10 TexReg 1227." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7177", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "B", "label": "STANDARDS FOR ACCREDITATION OF A MAJOR RESOURCE SYSTEM OF LIBRARIES IN THE TEXAS LIBRARY SYSTEM" }, "rule": { "number": "§1.54", "label": "Equalization Grants: Prohibition" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7178", "queryAsDate": "03/11/2026" }, "ruleBody": "Equalization grants to major resource system or regional library system member libraries are not an allowable system expense.", "sourceNote": "Source Note: The provisions of this §1.54 adopted to be effective September 1, 1977, 2 TexReg 1293; amended to be effective April 30, 1985, 10 TexReg 1227." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7178&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7178", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "B", "label": "STANDARDS FOR ACCREDITATION OF A MAJOR RESOURCE SYSTEM OF LIBRARIES IN THE TEXAS LIBRARY SYSTEM" }, "rule": { "number": "§1.61", "label": "System Bylaws" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117186&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "117186", "queryAsDate": "03/11/2026" }, "ruleBody": "Consistent with the established rules and regulations of the state library system and the Library Systems Act, by September 1, 1978, on behalf of a major resource system, a major resource center shall provide a copy of system bylaws approved by the system advisory council, the major resource center, and a majority of the member libraries to the state librarian for approval as a part of the annual program of system service. The bylaws shall specify the purposes of the library system, responsibilities and relationships of the member libraries, the system advisory council, and the major resource center with regard to review and approval of long range plans, annual programs and budgets, program and budget changes, election of advisory council members, procedures to call and conduct membership and council meetings, employment and dismissal of system staff, and such other matters as are deemed appropriate. The bylaws will also delineate the responsibilities and duties of the officers of the system advisory council, the major resource center director, the system coordinator, and any standing committees of member librarians established in the annual program of service.", "sourceNote": "Source Note: The provisions of this §1.61 adopted to be effective September 1, 1977, 2 TexReg 1923." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=117186&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "117186", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "B", "label": "STANDARDS FOR ACCREDITATION OF A MAJOR RESOURCE SYSTEM OF LIBRARIES IN THE TEXAS LIBRARY SYSTEM" }, "rule": { "number": "§1.63", "label": "Proposal Requirements: Fiscal and Administrative Responsibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7183&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7183", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A nonprofit corporation organized under the Library Systems Act, §441.131, seeking to contract with the Texas State Library and Archives Commission as a regional library system must demonstrate fiscal and administrative responsibility as determined annually by the state library from the following information submitted by the nonprofit corporation:(1) articles of incorporation with the Office of the Secretary of State;(2) bylaws adopted by the board of directors and approved by the membership;(3) policies and procedures of the corporation on financial management, personnel, and procurement as adopted by the board of directors;(4) long-range plan (biennial budget) (see §1.43 of this title (relating to Long-Range Plan of System Services));(5) annual program and budget (see §1.44 of this title (relating to Annual Program and Budget for System Services));(6) documentation of tax status with appropriate authorities; and(7) detailed business plan, including cash flow analysis, cash flow management plan, verification of cash reserves and lines of credit, risk analysis, risk management plan, verification of specified insurance coverage, and a plan providing for the annual accumulation of cash reserves as described in §1.64 of this title (relating to Cash Reserves: Regional Library System) such that the reserve shall be fully funded by the date of submission of the sixth annual program of service submitted under the terms of this rule.(b) A nonprofit corporation organized under subsection (a) of this section, seeking to contract with a third party private business to administer the system (when the contract exceeds $100,000, or 20 percent of the system operation grant, whichever is less) must demonstrate fiscal and administrative responsibility as determined annually by the state library from the following information submitted by the nonprofit corporation and private business, in addition to the information submitted under subsection (a) of this section:(1) contracts between the business and the nonprofit corporation;(2) performance deposit in the form of an assignment of a savings account, a bank letter of credit, a continuous bond, a U.S. treasury bond readily convertible to cash, or any cash equivalent item, the amount to be not less than 10% of the proposed contract;(3) certificate of good standing from the Comptroller of Public Accounts;(4) tax returns of the business for the last three years;(5) audited financial statements of the business for the last three years, and;(6) detailed business plan, including cash flow analysis, cash flow management plan, verification of lines of credit, risk analysis, risk management plan, and verification of specified insurance coverage.(c) A business (sole proprietorship, partnership, or corporation) seeking to contract with the Texas State Library and Archives Commission to administer services to a regional library system must demonstrate fiscal and administrative responsibility annually as determined by the state library from the following information submitted by the business:(1) contracts between the business and two-thirds of the governing bodies of the member libraries;(2) performance deposit in the form of an assignment of a savings account, a bank letter of credit, a continuous bond, a U.S. treasury bond readily convertible to cash, or any cash equivalent item, the amount to be not less than 10% of the proposed contract;(3) certificate of good standing from the Comptroller of Public Accounts;(4) tax returns of the business for the last three years;(5) audited financial statements of the business for the last three years;(6) long-range plan (biennial budget) (see §1.43 of this title (relating to Long-Range Plan of System Services));(7) annual program and budget (see §1.44 of this title (relating to Annual Program and Budget for System Services)); and(8) detailed business plan, including cash flow analysis, cash flow management plan, verification of lines of cash reserves and credit, risk analysis, risk management plan, and verification of specified insurance coverage.(d) Grants or contracts to regional library systems or other nonprofit corporations shall be administered by the State Library and Archives Commission according to the Uniform Grant and Contract Management Act (Government Code, Chapter 783) and the rules for administering this act (1 TAC §5.141 et seq.), unless federal statute or policy supersedes them.", "sourceNote": "Source Note: The provisions of this §1.63 adopted to be effective April 30, 1985, 10 TexReg 1227; amended to be effective March 24, 1993, 18 TexReg 1679; amended to be effective July 17, 1997, 22 TexReg 6429; amended to be effective October 17, 2004, 29 TexReg 9532." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7183&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7183", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "B", "label": "STANDARDS FOR ACCREDITATION OF A MAJOR RESOURCE SYSTEM OF LIBRARIES IN THE TEXAS LIBRARY SYSTEM" }, "rule": { "number": "§1.64", "label": "Cash Reserves: Regional Library Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29752&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "29752", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A nonprofit corporation or business shall maintain cash reserves, not to include the performance deposit in §1.63 of this title (relating to Proposal Requirements), totaling both:(1) an amount not less than 15% of all the ongoing operating costs (administrative, personnel and fringe benefits) in the proposed annual contract, to be used to satisfy obligations and maintain operations in the event of an interruption in cash flow; and(2) an amount not less than 5.0% of the proposed total annual contract, less the ongoing operating costs, to be used to satisfy debts or other costs which cannot be paid with grant funds; these funds must be from sources other than a system operations grant.(b) Regional library systems shall have five years to accumulate this cash reserve. For the purpose of this rule, the years will be considered to begin on the date the annual program of service for the subsequent fiscal year is due at the Texas State Library. For regional library systems in existence at the time the rule is adopted, the five-year period will begin with the submission of the next annual program of service after the adoption of the rule. For all others, the five year period will begin with the submission of the first program of service by the regional library system.(c) The regional library system shall accumulate the cash reserve according to the following schedule:(1) With the submission of the annual program of service for year one, the regional library system must submit a plan for accumulating the cash reserve to accompany the annual program of service.(2) With the submission of the annual program of service for year two, the regional library system must demonstrate it has already accumulated at least 20% of the total cash reserve required by this rule.(3) With the submission of the annual program of service for year three, the regional library system must demonstrate it has already accumulated at least 40% of the total cash reserve required by this rule.(4) With the submission of the annual program of service for year four, the regional library system must demonstrate it has already accumulated at least 60% of the total cash reserve required by this rule.(5) With the submission of the annual program of service for year five, the regional library system must demonstrate it has already accumulated at least 80% of the total cash reserve required by this rule.(6) With the submission of the annual program of service for every year thereafter, the regional library system must demonstrate the cash reserve account required by this rule is fully funded.", "sourceNote": "Source Note: The provisions of this §1.64 adopted to be effective July 17, 1997, 22 TexReg 6429." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29752&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "29752", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "B", "label": "STANDARDS FOR ACCREDITATION OF A MAJOR RESOURCE SYSTEM OF LIBRARIES IN THE TEXAS LIBRARY SYSTEM" }, "rule": { "number": "§1.65", "label": "Directors and Officers of Regional Library Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130778&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130778", "queryAsDate": "03/11/2026" }, "ruleBody": "A nonprofit corporation shall not establish a charter or adopt bylaws that permit member library directors or member library staff to serve on the board of directors. Nor shall member library directors or member library staff serve as officers or directors of a for-profit corporation or as general or limited partners of a partnership; nor shall the commission contract with a sole proprietorship owned by a member library director or member library staff.", "sourceNote": "Source Note: The provisions of this §1.65 adopted to be effective April 30, 1985, 10 TexReg 1227." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130778&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130778", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "B", "label": "STANDARDS FOR ACCREDITATION OF A MAJOR RESOURCE SYSTEM OF LIBRARIES IN THE TEXAS LIBRARY SYSTEM" }, "rule": { "number": "§1.67", "label": "Federal Priorities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224902", "queryAsDate": "03/11/2026" }, "ruleBody": "When the Texas Library System is funded in whole or in part by federal funds, major resource or regional library systems shall include in their long-range plan and annual program of services and budget projects which specifically address the federal priorities, as determined by the Commission.", "sourceNote": "Source Note: The provisions of this §1.67 adopted to be effective April 30, 1985, 10 TexReg 1227; amended to be effective March 10, 1999, 24 TexReg 1612; amended to be effective July 5, 2007, 32 TexReg 3982." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224902&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224902", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "C", "label": "MINIMUM STANDARDS FOR ACCREDITATION OF LIBRARIES IN THE STATE LIBRARY SYSTEM" }, "rule": { "number": "§1.70", "label": "Purpose and Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224903", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Government Code, §441.006, charges the commission with adopting policies and rules to aid and encourage the development of and cooperation among all types of libraries. In addition, Government Code, Chapter 441, Subchapter I, authorizes the commission with setting accreditation standards for public libraries. Under this authority, this subchapter prescribes the policies and standards for the accreditation of public libraries, which determines the eligibility of public libraries for state assistance through programs and services of the agency.(b) Accreditation is not intended to evaluate the adequacy of a public library's staff, budget, resources, or services, nor is accreditation intended to limit or restrict the number of communities in Texas that wish to operate a public library. The accreditation process is designed to establish the minimum criteria a library must meet if the library wishes to take advantage of certain programs offered by the commission. (c) The annual report described in §1.78 of this title (relating to Annual Report) is the mechanism by which accreditation criteria are reviewed and accreditation is awarded.", "sourceNote": "Source Note: The provisions of this §1.70 adopted to be\r\neffective September 1, 2025, 50 TexReg 2765." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224903&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224903", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "C", "label": "MINIMUM STANDARDS FOR ACCREDITATION OF LIBRARIES IN THE STATE LIBRARY SYSTEM" }, "rule": { "number": "§1.71", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224904", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Accreditation--means the process by which a library is accredited by the Texas State Library and Archives Commission as having met the standards in this subchapter. Accreditation is not required but determines the eligibility of public libraries to receive state assistance through programs and services of the Texas State Library and Archives Commission. (2) Agency--means the Texas State Library and Archives Commission as an agency of the state of Texas, including the staff, collections, archives, operations, programs, and property of the Texas State Library and Archives Commission.(3) Commission--means the seven-member governing body of the Texas State Library and Archives Commission.(4) Continuing education--means professional development activities for library directors that are instructional, free of lobbying, and relevant to the operation of a library. Activities may include workshops, appropriate conference sessions, online training, and courses. (5) Library collection item--means any item in the library's catalog that may be circulated, including books, e-books, audio and e-audio books, video and e-video items, non-traditional educational items such as kits, instruments, and equipment, and locally licensed databases or other informational items as determined by professional library standards.(6) Library operating hours--means the number of unique hours the library is open to the public as set by local governing authorities based on and subject to local considerations, including need and budget.(7) Local fiscal year--means the 12-month period used by a local entity for budgeting and operations. For accreditation purposes, it is the fiscal year in which January 1 of the requested year falls.(8) Per capita--means the locally funded operating expenditures of the library divided by the library's assigned population under §1.72 of this title (relating to Legal Service Area).(9) Professional librarian--means a person holding a master's degree or comparable certification in library or information studies from an accredited program.(10) Public library--means a library that is operated by a single public entity or board, that is freely open to all persons under identical conditions, that receives its financial support in whole or part from public funds, and that provides the following at a minimum: (A) An organized collection of print or other library materials, or a combination thereof; (B) At least one public access computer;(C) Paid or contracted staff; (D) An established schedule in which services of the staff are available to the public; and(E) The facilities necessary to support such a collection, staff, and schedule. (11) State fiscal year--means the 12-month period beginning September 1 and ending August 31.", "sourceNote": "Source Note: The provisions of this §1.71 adopted to\r\nbe September 1, 2025, 50 TexReg 2765." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224904&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224904", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "C", "label": "MINIMUM STANDARDS FOR ACCREDITATION OF LIBRARIES IN THE STATE LIBRARY SYSTEM" }, "rule": { "number": "§1.72", "label": "Legal Service Area." }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224905", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A public library's legal service area is based on the source(s) of local government funding for the library and the population assigned to the library as described below. Legal service area calculations will be determined as follows using the population in the most recent decennial census or official population estimate of the United States Department of Commerce, Bureau of the Census, if available: (1) In counties with one or more public libraries that receive only city and private funds, each library is credited with serving the population of the city or cities from which it receives funds or with which it has a contract. (2) In counties with only one public library and that library receives county funds, the library is credited with serving the entire county population. (3) In counties with more than one public library that receives both city and county funds, the libraries that receive city and county funds are credited with serving their city population plus a percentage of the population living outside the cities. This percentage is the ratio of each city's population to the total of all the populations of cities with public libraries within the county. (4) In counties with a library established by the county commissioners court and that receives no city funds or an incorporated library that receives no city funds, and one or more city libraries that receive county funds, the city libraries that receive county and city funds are credited with serving their city populations plus a percentage of the county population living outside the cities. The percentage is the ratio of each city's population to the county population. The county library or incorporated library that receives county funds and no city funds serves all county residents not served by a city library. (5) In counties with one library that receives county funds and one or more public libraries that do not receive county funds, the library that receives county funds is credited with serving the county population less the populations of cities with public libraries. (6) In counties with more than one library that receives county funds and no city funds, the county population living outside cities with public libraries will be prorated among the libraries in the same ratio as the county funds are allocated. (7) When school districts contract with one or more nonprofit corporations, cities, municipalities, or counties for public library services as part of their students' educational program, the library is credited with serving the total population living within the school district, as published annually in the most recent Small Area Income and Poverty Estimate Program (SAIPE). (8) Libraries that enter into agreements or contracts with counties, cities, municipalities, or school districts to provide public library services will be assigned the respective population under this section whether or not there is an exchange of funds. (9) If a library believes it has been assigned an unrealistic population figure, it may request in writing that the Library Systems Act Advisory Board approve an exception to the population-served methodology. The board will use its discretion to devise a method by which data from the United States Department of Commerce, Bureau of the Census will be used to calculate the legal service area. (b) If a library does not report receiving public monies for public library service, that library will be assigned no population.(c) Population estimates assigned at the beginning of the state fiscal year will remain in place throughout the following annual report submission and review process period until new populations are assigned for the following cycle. Any resulting population changes will go into effect with the next assignment of the legal service areas.", "sourceNote": "Source Note: The provisions of this §1.72 adopted to be\r\neffective September 1, 2025, 50 TexReg 2765." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224905&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224905", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "C", "label": "MINIMUM STANDARDS FOR ACCREDITATION OF LIBRARIES IN THE STATE LIBRARY SYSTEM" }, "rule": { "number": "§1.73", "label": "Public Library Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224906", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A public library must provide the following services to the general public without charge:(1) Dissemination of civic, community, or other ephemeral material freely available and not in the library's catalog;(2) Circulation of materials to those with borrowing privileges who reside in the library's legal service area; (3) Reserving library materials to those with borrowing privileges who reside in the library's legal service area; (4) Reference services;(5) Admission to the facility; (6) Use of onsite resources that do not have to be reserved; and (7) Admission to programs conducted by the library that are paid for in whole or part by state-awarded funds.(b) In recognition of the statewide benefit to the public having access to library materials, a public library is encouraged to provide services free of charge to the general public regardless of residency, including borrowing privileges. However, these rules do not prohibit a library from establishing policies, including the imposition of fees and terms, under which borrowing privileges may be extended to individuals living outside of the library's legal service area.(c) A public library must make a good faith effort to allow use of computers and other technology to access information sources, databases, or other similar services as allowed by local license agreements, to the general public without charge, regardless of the person's residency.(d) Library entities contracted with school districts to provide library services to the general public residing in the school district must provide services in addition to that provided to school students, faculty, and staff. The library and the school district must enter into an agreement that establishes the policies each library facility must adhere to, including all applicable state laws and regulations. Public library services must be provided at least the required number of hours all weeks of the year, except those weeks with national or state holidays.(e) A public library shall serve all members of the general public, certifying annually that no person shall be excluded from participation in or denied the benefits of the appropriate services of that library in accordance with federal and state law.", "sourceNote": "Source Note: The provisions of this §1.73 adopted to be\r\neffective September 1, 2025, 50 TexReg 2765." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224906&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224906", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "C", "label": "MINIMUM STANDARDS FOR ACCREDITATION OF LIBRARIES IN THE STATE LIBRARY SYSTEM" }, "rule": { "number": "§1.74", "label": "Public Library: Legal Establishment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224907", "queryAsDate": "03/11/2026" }, "ruleBody": "A public library must be established to provide general library services as provided in this section. To meet this requirement, a library must be established as:(1) a department of a city, municipality, or county government by charter, resolution, or ordinance; or by contract as provided for in the Government Code, Chapter 791; (2) a library district established under the provisions of Local Government Code, Chapter 326, Library Districts; (3) a library district established under the provisions of Local Government Code, Chapter 336, Multi-Jurisdictional Library Districts; or (4) a nonprofit corporation chartered by the Office of the Secretary of State for the purposes of providing free public library services for a city, municipality, county, and/or school district. A nonprofit public library must also have a contract with each governmental entity that provides funding to the library.", "sourceNote": "Source Note: The provisions of this §1.74 adopted to\r\nbe effective September 1, 2025, 50 TexReg 2765." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224907&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224907", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "C", "label": "MINIMUM STANDARDS FOR ACCREDITATION OF LIBRARIES IN THE STATE LIBRARY SYSTEM" }, "rule": { "number": "§1.75", "label": "Local Operating Expenditures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224908&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224908", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A public library must demonstrate local effort on an annual basis by maintaining or increasing local operating expenditures or per capita local operating expenditures. Expenditures for the current reporting year will be compared to the average of the total local operating expenditures or to the average of the total per capita local operating expenditures for the three preceding years. (b) A public library that expends at least $22.00 per capita and at least $200,000 of local funds is exempt from subsection (a) of this accreditation criterion.(c) At least half of the annual local operating expenditures required to meet the minimum level of per capita support for accreditation must be from local government sources. Local government sources are defined as money appropriated by library districts, school districts, or city, municipal, or county governments. (d) A public library that expends at least $22.00 per capita is exempt from subsection (c) of this accreditation criterion if it shows evidence of some library expenditures from local government sources and is open to the public under identical conditions without charge.(e) A public library must have minimum total local expenditures of $24,000 in local fiscal years 2026, 2027, 2028; at least $27,000 in local fiscal years 2029, 2030, 2031; at least $30,000 in local fiscal years 2032, 2033, 2034.", "sourceNote": "Source Note: The provisions of this §1.75 adopted to be\r\neffective September 1, 2025, 50 TexReg 2765." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224908&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224908", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "C", "label": "MINIMUM STANDARDS FOR ACCREDITATION OF LIBRARIES IN THE STATE LIBRARY SYSTEM" }, "rule": { "number": "§1.76", "label": "Quantitative Standards for Accreditation of a Library" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224909&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224909", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A public library must meet the quantitative standards for accreditation in this section, in addition to the other requirements in this subchapter.(b) A public library must have at least one library collection item per capita or expend at least 15 percent of the library's local expenditures on library collection items. If the library serves 25,000 persons or less, the library must maintain a collection of at least 7,500 library collection items.(c) A public library must ensure at least 5 percent of its library collection items were published or created in the last five years.(d) A public library must be open for service not less than 40 hours per week, except that a public library that serves 25,000 persons or less must be open for not less than 20 hours per week.(e) A public library must employ a library director for at least 40 hours per week, except that a public library that serves 25,000 persons or less must employ a library director for at least 20 hours per week.(f) A library director for a library serving a population of 100,001 or more must complete a minimum of 20 hours of continuing education annually. A library director for a library serving a population of 100,000 or less must complete a minimum of 10 hours of continuing education annually. A library director must maintain documentation of attendance, duration, and relevance of each continuing education credit claimed.(g) A library must have local expenditures as follows:(1) A library serving a population of 200,001 persons or more must have local expenditures equaling at least $13.50 per capita in local fiscal years 2026, 2027, 2028; at least $13.91 in local fiscal years 2029, 2030, 2031; and at least $14.32 per capita in local fiscal years 2032, 2033, 2034;(2) A library serving a population of 100,001 - 200,000 persons must have local expenditures equaling at least $10.50 per capita in local fiscal years 2026, 2027, 2028; at least $10.82 in local fiscal years 2029, 2030, 2031; and at least $11.14 per capita in local fiscal years 2032, 2033, 2034; (3) A library serving a population of 25,001 - 100,000 persons must have local expenditures equaling at least $7.50 per capita in local fiscal years 2026, 2027, 2028; at least $7.73 in local fiscal years 2029, 2030, 2031; and at least $7.96 per capita in local fiscal years 2032, 2033, 2034; and (4) A library serving a population of 25,000 or less must have local expenditures equaling at least $5.50 per capita in local fiscal years 2026, 2027, 2028; at least $5.67 in local fiscal years 2029, 2030, 2031; and at least $5.83 per capita in local fiscal years 2032, 2033, 2034.(h) A library must employ full-time equivalent professional librarians as follows:(1) A library serving a population of 200,001 persons or more must employ at least six full-time equivalent professional librarians with one additional full-time equivalent professional librarian for every 50,000 persons above 200,000; (2) A library serving a population of 100,001 - 200,000 persons must employ at least four full-time equivalent professional librarians, with one additional full-time equivalent professional librarian for every 50,000 persons above 100,000; (3) A library serving a population of 25,001 - 100,000 persons must employ at least one full-time equivalent professional librarian, with one additional full-time equivalent professional librarian for every 50,000 persons above 50,000; and (4) A library serving a population of 25,000 or less is not required to have a professional librarian on staff.", "sourceNote": "Source Note: The provisions of this §1.76 adopted to\r\nbe effective September 1, 2025, 50 TexReg 2765." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224909&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224909", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "C", "label": "MINIMUM STANDARDS FOR ACCREDITATION OF LIBRARIES IN THE STATE LIBRARY SYSTEM" }, "rule": { "number": "§1.77", "label": "Other Operational Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224910&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224910", "queryAsDate": "03/11/2026" }, "ruleBody": "Each public library applying for accreditation must meet the following requirements and report to the agency on the status of each requirement annually:(1) The library must have a website detailing current services and contact information, including a telephone number and email address.(2) The library must have available technology to enable staff and the general public to access the Internet and print, copy, and scan materials. (3) The library must have an integrated searchable catalog of its holdings available to the public online through the library's website.(4) The library must offer to borrow materials through the statewide interlibrary loan system for eligible persons residing within the library's legal service area and offer to lend materials to other participating Texas libraries using the statewide interlibrary loan system. The library's governing authority may adopt local policies regarding collections available to lend, lending periods and renewals, patron eligibility, and other factors. Local policies must be available to the public. (5) The library must have a strategic plan that is approved by its governing authority and reviewed and updated at least every five years. The library's strategic plan may be part of a larger plan from the governing authority. (6) At a minimum, the library must maintain current and publicly available policies or procedures, approved by the library's governing or designated authority, addressing the following subjects:(A) Circulation;(B) Collection Development;(C) Technology Use; and(D) Information Security and Privacy.", "sourceNote": "Source Note: The provisions of this §1.77 adopted\r\nto be effective September 1, 2025, 50 TexReg 2765." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224910&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224910", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "C", "label": "MINIMUM STANDARDS FOR ACCREDITATION OF LIBRARIES IN THE STATE LIBRARY SYSTEM" }, "rule": { "number": "§1.78", "label": "Annual Report" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224911", "queryAsDate": "03/11/2026" }, "ruleBody": "To be eligible for accreditation, a public library must submit a report each year detailing local library activity for the local fiscal year requested in a manner and form prescribed by the agency. A library that does not submit an annual report by the deadline established by the agency will automatically lose accreditation for the upcoming state fiscal year and be ineligible to access certain agency services and programs.", "sourceNote": "Source Note: The provisions of this §1.78 adopted to be\r\neffective September 1, 2025, 50 TexReg 2765." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224911", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "C", "label": "MINIMUM STANDARDS FOR ACCREDITATION OF LIBRARIES IN THE STATE LIBRARY SYSTEM" }, "rule": { "number": "§1.79", "label": "Emergency Waiver of Accreditation Criteria" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224912", "queryAsDate": "03/11/2026" }, "ruleBody": "One or more accreditation criteria in this subchapter may be waived if a library shows good cause for failure to meet the criteria. For purposes of this subchapter, good cause means a public health emergency, including, but not limited to, a pandemic or epidemic; a natural or man-made disaster, including, but not limited to, a tornado, hurricane, flood, wildfire, explosion, or chemical spill; or other extraordinary hardship which is beyond the control of the library as determined by the agency.", "sourceNote": "Source Note: The provisions of this §1.79 adopted to be\r\neffective September 1, 2025, 50 TexReg 2765." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224912", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "C", "label": "MINIMUM STANDARDS FOR ACCREDITATION OF LIBRARIES IN THE STATE LIBRARY SYSTEM" }, "rule": { "number": "§1.80", "label": "Conditional Accreditation of a Library" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224913", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Conditional accreditation is a temporary status granted when a library fails to meet one criterion in this subchapter. A conditionally accredited library enjoys the same benefits and privileges as a fully accredited library. A library that fails to meet more than one criterion is not eligible for conditional accreditation. (b) The maximum length of time a library may be conditionally accredited is three years. A library that is still unable to meet an accreditation criterion at the end of the conditional accreditation period, whether it is the same or a new criterion, will not be accredited and must reapply for accreditation the following year. (c) A public library actively seeking accreditation by securing the per capita support necessary for qualification may be conditionally accredited on the basis of the library's current operating budget rather than its expenditures of the preceding year.(d) To be fully accredited, a library must meet all accreditation requirements in this subchapter by the end of the conditional accreditation period.", "sourceNote": "Source Note: The provisions of this §1.80 adopted to be\r\neffective September 1, 2025, 50 TexReg 2765." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224913", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "C", "label": "MINIMUM STANDARDS FOR ACCREDITATION OF LIBRARIES IN THE STATE LIBRARY SYSTEM" }, "rule": { "number": "§1.81", "label": "Loss of Accreditation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224914", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Accreditation is conditioned on submission of the annual report required in §1.78 of this title (relating to Annual Report) and meeting the accreditation criteria established by this subchapter. If a library loses accreditation, the library will not be accredited for the next fiscal year and will not have access to certain agency services during that year. (b) If the agency determines a library does not meet the criteria for accreditation at any time during the accreditation year, the agency will notify the library in writing of the potential loss of accreditation. (c) A public library that does not submit an annual report by the established deadline will automatically lose accreditation for the upcoming state fiscal year.(d) A public library that does not meet the minimum criteria for accreditation required by this subchapter and as documented on the annual report may lose accreditation. (e) On notification of the potential loss of accreditation, the agency may allow the library a reasonable period of time to come into compliance and remain accredited. A library may also choose to be unaccredited or appeal the determination.(f) If a library chooses to be unaccredited for the year in question but wants to be considered for accreditation in subsequent years, the library must continue to submit an annual report each year it is not accredited. The library may be re-accredited during the next annual report cycle if the library reports data showing that it meets all accreditation criteria by the prescribed deadline. A library that lacks only one criterion for accreditation may be eligible for a waiver as detailed in §1.79 of this title (relating to Emergency Waiver of Accreditation Criteria). (g) A library must continue to submit an annual report to continue to receive minimum agency services, such as the agency's summer reading program and access to consulting services.", "sourceNote": "Source Note: The provisions of this §1.81 adopted to be\r\neffective September 1, 2025, 50 TexReg 2765." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224914", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "C", "label": "MINIMUM STANDARDS FOR ACCREDITATION OF LIBRARIES IN THE STATE LIBRARY SYSTEM" }, "rule": { "number": "§1.82", "label": "Appeal of Accreditation Determination" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130780&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130780", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A library that is not accredited or that loses accreditation may appeal the determination to the Library Systems Act Advisory Board (LSA Board). (b) To appeal a determination regarding accreditation, a library must notify the agency of its intention to appeal. On notification of the intent to appeal, the agency will provide the library with information on the process and documentation needed. (c) A formal appeal must include a letter of appeal to the director of the Library Development and Networking division providing a detailed description of the accreditation issue and a proposed resolution and timeline. Appellants may include supporting documentation and letters of support with the letter of appeal.(d) After considering the matter at its meeting, the LSA Board will make a recommendation on the appeal to the Director and Librarian of the Texas State Library and Archives Commission. The Director and Librarian will make a final determination based on the recommendation but is not bound by the LSA Board's recommendation. (e) The agency will notify the library of the final determination, at which point, the library can accept the ruling or appeal to the commission following the agency's protest procedure as described in §2.55 of this title (relating to Protest Procedure).", "sourceNote": "Source Note: The provisions of this §1.82 adopted to be\r\neffective September 1, 2025, 50 TexReg 2765." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130780&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130780", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "D", "label": "GRANTS: SYSTEM OPERATION, INCENTIVE, ESTABLISHMENT, AND EQUALIZATION" }, "rule": { "number": "§1.91", "label": "System Operation Grants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27837&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27837", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) System operation grants are to provide basic system support services to member libraries, to coordinate and cooperate with the commission and libraries in the region, and to meet commission or federal goals, and to reimburse libraries for providing specialized services. System operation grants are awarded to major resource and regional library systems operating under an approved program of services and budget.(b) Each major resource or regional library system must, at minimum, apply for funding to provide basic system support services to member libraries. To meet this requirement, each system must apply for the minimum funding necessary for at least one full-time professional librarian and one full-time equivalent support staff. These staff shall be assigned to administration, continuing education, or consulting duties, to meet commission or federal goals; these staff shall be provided with regional travel, communications, and other operating funds to implement the approved program of services. Major resource or regional library systems may also apply for higher levels of funding, as specified in the grant guidelines issued by the commission.", "sourceNote": "Source Note: The provisions of this §1.91 adopted to be effective September 1, 1977, 2 TexReg 1927; amended to be effective September 1, 1979, 4 TexReg 2677; amended to be effective July 20, 1987, 12 TexReg 2179; amended to be effective July 5, 2007, 32 TexReg 3983." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27837&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27837", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "D", "label": "GRANTS: SYSTEM OPERATION, INCENTIVE, ESTABLISHMENT, AND EQUALIZATION" }, "rule": { "number": "§1.92", "label": "Incentive Grants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7190&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7190", "queryAsDate": "03/11/2026" }, "ruleBody": "Incentive grants are to encourage libraries to join together into larger units of service in order to meet criteria for major resource system membership. System member libraries joining together into a county or multicounty library system may be eligible for incentive grants.", "sourceNote": "Source Note: The provisions of this §1.92 adopted to be effective September 1, 1977,2 TexReg 1927; amended to be effective December 9, 1980, 5 TexReg 4766." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7190&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7190", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "D", "label": "GRANTS: SYSTEM OPERATION, INCENTIVE, ESTABLISHMENT, AND EQUALIZATION" }, "rule": { "number": "§1.94", "label": "Unserved County: Definition" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130781&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130781", "queryAsDate": "03/11/2026" }, "ruleBody": "An unserved county is defined as either a county with no existing free public library services or a county that is served by a library that has not expended funds from local city and/or county taxes for a period of three years prior to application for an establishment grant. A period of establishment may not exceed three years.", "sourceNote": "Source Note: The provisions of this §1.94 adopted to effective September 1, 1977, 2 TexReg 1927." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130781&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130781", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "D", "label": "GRANTS: SYSTEM OPERATION, INCENTIVE, ESTABLISHMENT, AND EQUALIZATION" }, "rule": { "number": "§1.96", "label": "System Operation Grant: Formula" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26276&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "26276", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) System operation grant funding shall be allocated to meet commission or federal goals. Allocation formula:(1) 34% of the total amount specified for system operation grants shall be apportioned equally to the major resource and regional library systems;(2) 33% of the total shall be apportioned on the number of member libraries in a system as compared to the total number of member libraries; the number of member libraries shall be the number of member libraries on the March 1 preceding the beginning of the state fiscal year; and,(3) 33% of the total shall be apportioned on a per capita basis by the last decennial census or the most recent population estimate of the United States Department of Commerce, Bureau of the Census. The population base for distribution of these funds is the total population residing within the library system boundaries.(b) In state fiscal year 2009 and later, all library system grants shall be at least $300,000. The grant amounts awarded to library systems by this section may be adjusted by the commission to achieve this minimum grant.", "sourceNote": "Source Note: The provisions of this §1.96 adopted to be effective July 5, 2007, 32 TexReg 3983." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26276&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "26276", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "E", "label": "GRANTS: ELECTRONIC ACCESS" }, "rule": { "number": "§1.100", "label": "Standards for Local Public Library Internet Access" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145114", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this undesignated head, shall have the following meanings, unless the context clearly indicates otherwise.(1) Administrative staff--Library staff whose responsibilities include management or supervision.(2) Bandwidth--The amount of data that can be sent through a given communications circuit per second, generally expressed as kilobits per second (Kbps).(3) Client--A computer system or process that requests a service of another computer system or process (a \"server\") according to a specified protocol.(4) Dedicated connection--A permanent, as opposed to dialup, connection between machines established over a telephone line, including permanent virtual circuits.(5) Dialup connection--A temporary, as opposed to dedicated, connection between machines established over a telephone line using modems.(6) Distributed system--A collection of computers whose distribution is transparent to the user so that the system appears as one local machine, and which usually uses a client-server organization.(7) Domain Name Server or Domain Name System (DNS)--A general-purpose distributed, replicated, data query service used on the Internet for translating host names into Internet addresses, as specified in RFC-1034 and 1035 (DOMAIN, Domain Name System) and RFC-974 (DNS-MX, Mail Routing and the Domain System) or their current successor documents.(8) Domain name--The common suffix in a Fully Qualified Domain Name that a group of computers share.(9) File Transfer Protocol (FTP)--A protocol for transferring files from one computer to another over the Internet, as specified in RFC-959 or its current successor document.(10) Format of Electronic Mail Messages (MAIL)--A format for transferring electronic mail messages from one computer to another over the Internet, as specified in RFC-822 or its current successor document.(11) Fully Qualified Domain Name (FQDN)--The full name of a computer system, consisting of its local host name and its domain name.(12) Gopher--A distributed document retrieval system that started at the University of Minnesota, as defined in RFC-1432 or its most current successor document.(13) Graphical User Interface (GUI)--The use of pictures rather than words to represent the input and output of a computer program.(14) Host name--The unique name by which a computer is known on a network, used to identify it in electronic information interchange.(15) Host--A computer (including a terminal) connected to a network.(16) Hypertext Markup Language (HTML)--A hypertext document format, using Standard Generalized Markup Language, used by the World Wide Web.(17) Hypertext Transfer Protocol (HTTP)--The client-server TCP/IP protocol used on the World Wide Web for the exchange of HTML documents.(18) Internet address--The 32-bit host address defined by the Internet Protocol in RFC-791, usually represented in dotted decimal notation.(19) Internet Architecture Board (IAB)--A technical advisory group of the Internet Society chartered by the Internet Society Trustees to provide oversight of the architecture of the Internet and its protocols.(20) Internet connection--A combination of hardware, software, and telecommunications services that allows a computer to communicate with any other computer on the worldwide network of networks known as the Internet, and that adheres to the required standard protocols listed in RFC-1800 or its current successor document.(21) Internet Protocol (IP)--A protocol for computer telecommunications as specified in RFC-791 or its current successor document.(22) Internet provider--An organization that is authorized to provide Internet connections to other organizations.(23) Management Information Base-II (MIB-II)--A specification of the managed objects to be defined in a internetwork management system as specified in RFC-1213 or its current successor document.(24) Network--A hardware and software computer data communication system.(25) Protocol--A set of formal rules describing how to transmit data across a network.(26) Public service staff--Library staff whose primary responsibilities include helping library users to find and use information or materials; pages, shelvers, circulation and clerical staff (or others whose reference or reader's advisory duties are incidental) are not included.(27) Request for Comments (RFC)--A version of an Internet specification, published as part of the \"Request for Comments\" (RFC) document series, the official publication channel for Internet standards documents and other publications of the Internet Engineering Steering Group, Internet Architecture Board, and Internet community.(28) Server--A computer system or process that provides some service for other computers (\"clients\") connected to it via a network, according to a specified protocol.(29) Simple Mail Transfer Protocol (SMTP)--A mail transfer protocol defining an envelope to be used in delivering messages between computers on the Internet, as specified in RFC-821 or its current successor document.(30) Simple Network Management Protocol (SNMP)--A protocol for remote management and collection of network management information as specified in RFC-1157 or its current successor document.(31) Technical services staff--Library staff whose primary responsibilities include selecting, cataloging, or indexing information or materials for the library collection.(32) Telnet Protocol (TELNET)--A protocol that allows a user on one computer to login remotely to another computer over the Internet, as specified in RFC-854 and 855 or their current successor documents.(33) Text-based--Working under a non-window-based operating system, as opposed to a graphical user interface.(34) Transmissions Control Protocol (TCP)--A protocol for computer telecommunications as specified in RFC-793 or its current successor document.(35) Wide Area Information Server (WAIS)--A distributed (client-server) information retrieval system that uses a protocol defined in the American National Standards Institute Z39.50.(36) World Wide Web (WWW)--An Internet client-server hypertext distributed information retrieval system using HTTP that originated from the CERN High-Energy Physics laboratories in Geneva, Switzerland.(b) These standards for local public library Internet access apply to all Internet connections funded in whole or in part by the Texas State Library and Archives Commission under §1.101 of this title (relating to Internet Assistance Grants).(1) Internet Protocol standards. All connections must implement TCP/IP, Telnet, File Transfer Protocol, Simple Mail Transfer Protocol and Format of Electronic Mail Messages. Dedicated connections must also implement Management Information Base-II and Simple Network Management Protocol.(2) Application standards. All new hosts must provide Internet access through a graphical HTTP/1.0 or higher client. All existing hosts must provide Internet access through a graphical user interface (GUI) HTTP/1.0 or higher client, if this is possible with existing network hardware and software and the addition of client software; if not, existing hosts must provide Internet access through a text-based HTTP/1.0 or higher client.(3) Bandwidth standards. All connections must have guaranteed availability of bandwidth.(A) Dedicated lines must have at least 56 Kbps available to the library at all times.(B) Dialup connections must be equipped by both the library and the provider to handle connections of at least 28.8 Kbps, regardless of the expected performance of the telephone line. Internet providers must guarantee service equivalent to a connection on 95% of connection attempts during the period 9:00 a.m. to 9:00 p.m. (local time) daily.(4) Addressing standards. Each Internet host must have an Internet address that is used only by the public library and its users; that is, temporary Internet addresses dynamically assigned by an Internet provider are not acceptable if they may also be assigned to other users. All Internet addresses must be resolvable to a fully qualified domain name through a Domain Name System.(5) Access Standards. Internet hosts must be available for the direct use of library users during all open hours of the library location. There must be at least one host available to library users in each library location. For dedicated connections there must be at least one host available to users for every 50,000 library circulations or greater part thereof per year. Up to one dial-up port for every 150,000 circulations may be counted as an available host. Library connections must allow users to:(A) Search and use information sources on the Internet and the World Wide Web, including those available by telnet, gopher, HTTP, WAIS, and FTP.(B) Obtain copies of information by electronic-mailing, downloading to a diskette, and printing.(6) All permanent public service staff must be trained to use and support library users in the use of Internet access; other permanent library staff must be trained to use networked information and services as needed to support their job tasks.(7) All permanent public service, technical service, and administrative staff must have access to e-mail, telnet and World Wide Web.(8) If the library operates a public access automated catalog that can support a telnet, HTTP, or Z39.50 server, the catalog must be made available to the general public on the Internet.", "sourceNote": "Source Note: The provisions of this §1.100 adopted to be effective November 30, 1995, 20 TexReg 9563." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145114", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "F", "label": "SYSTEM ADVISORY COUNCIL" }, "rule": { "number": "§1.111", "label": "Advisory Council" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145115", "queryAsDate": "03/11/2026" }, "ruleBody": "An advisory council for each major resource system shall be established with not more than twelve and not less than six members representing the member libraries of the system.", "sourceNote": "Source Note: The provisions of this §1.111 adopted to be effective April 8, 2010, 35 TexReg 2741." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145115&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145115", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "F", "label": "SYSTEM ADVISORY COUNCIL" }, "rule": { "number": "§1.112", "label": "Member Library Representatives" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145116", "queryAsDate": "03/11/2026" }, "ruleBody": "Library directors of accredited libraries shall designate a member library representative and one alternate. Representatives may include board members, others qualified by knowledge and/or experience to represent a library, the library director, and library staff. The representative is the voting member for the library and is eligible for advisory council membership. A system may adopt by-laws specifying member library representative term limits or attendance requirements.", "sourceNote": "Source Note: The provisions of this §1.112 adopted to be effective April 8, 2010, 35 TexReg 2741." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145116&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145116", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "F", "label": "SYSTEM ADVISORY COUNCIL" }, "rule": { "number": "§1.113", "label": "Advisory Council Election" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145117", "queryAsDate": "03/11/2026" }, "ruleBody": "The representatives in an annual meeting shall elect members of their group to fill council vacancies. The term of office for representatives and alternates shall be the state fiscal year.", "sourceNote": "Source Note: The provisions of this §1.113 adopted to be effective April 8, 2010, 35 TexReg 2741." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145117&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145117", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "F", "label": "SYSTEM ADVISORY COUNCIL" }, "rule": { "number": "§1.114", "label": "Advisory Council Terms of Office" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145120", "queryAsDate": "03/11/2026" }, "ruleBody": "The term of office of a council member is three years. A council member may serve no more than two consecutive terms, but shall again become eligible for election to the council after an absence of one full term. Council members may be replaced by a vote of the council if a council member does not regularly attend council meetings.", "sourceNote": "Source Note: The provisions of this §1.114 adopted to be effective April 8, 2010, 35 TexReg 2741." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145120&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145120", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "F", "label": "SYSTEM ADVISORY COUNCIL" }, "rule": { "number": "§1.115", "label": "Advisory Council Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145121", "queryAsDate": "03/11/2026" }, "ruleBody": "The council shall annually elect a chair, vice-chair, and secretary.", "sourceNote": "Source Note: The provisions of this §1.115 adopted to be effective April 8, 2010, 35 TexReg 2741." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145121&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145121", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "F", "label": "SYSTEM ADVISORY COUNCIL" }, "rule": { "number": "§1.116", "label": "Representation on the Council" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145122&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145122", "queryAsDate": "03/11/2026" }, "ruleBody": "Broad geographical representation and representation by size and type of member library is encouraged on the system advisory council.", "sourceNote": "Source Note: The provisions of this §1.116 adopted to be effective April 8, 2010, 35 TexReg 2741." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145122&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145122", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "F", "label": "SYSTEM ADVISORY COUNCIL" }, "rule": { "number": "§1.117", "label": "Council Officers, Not Reappointed as Library Representative" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145123&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145123", "queryAsDate": "03/11/2026" }, "ruleBody": "Representatives are elected to council each fiscal year. Thereafter, the representative shall complete his or her council term of three years unless the representative is replaced as the official representative of the member library. If the council member is replaced as the official representative, the new representative may vote on behalf of his or her library at the annual meeting of representatives to fill council vacancies. No individual library in the system shall have more than one representative on the system advisory council.", "sourceNote": "Source Note: The provisions of this §1.117 adopted to be effective April 8, 2010, 35 TexReg 2741." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145123&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145123", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "F", "label": "SYSTEM ADVISORY COUNCIL" }, "rule": { "number": "§1.118", "label": "Advisory Council Vacancies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145124", "queryAsDate": "03/11/2026" }, "ruleBody": "Vacancies on the system advisory council arising for reasons other than the regular expiration of terms of office may be filled by election or appointment from among the representatives for the unexpired term. If the unexpired term was held by an officer of the council, the representative may be elected or appointed to fill the unexpired term and need not necessarily be that officer. The vacated council office may be filled from among the members already on that council.", "sourceNote": "Source Note: The provisions of this §1.118 adopted to be effective April 8, 2010, 35 TexReg 2741." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145124", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "F", "label": "SYSTEM ADVISORY COUNCIL" }, "rule": { "number": "§1.119", "label": "Federated County and Multi-county Representation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145125", "queryAsDate": "03/11/2026" }, "ruleBody": "A federated county or multi-county library system will be eligible to send to the annual meeting of representatives either one representative to represent the entire federated county or multi-county library system; or the federated county or multi-county library system may elect to permit each individual member in that system to send one representative to the meeting. Only those federated county or multi-county system member libraries that could individually qualify for state library system membership may be eligible to send a representative.", "sourceNote": "Source Note: The provisions of this §1.119 adopted to be effective April 8, 2010, 35 TexReg 2741." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145125", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "F", "label": "SYSTEM ADVISORY COUNCIL" }, "rule": { "number": "§1.120", "label": "Council Review and Approval Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145118", "queryAsDate": "03/11/2026" }, "ruleBody": "Unless otherwise provided for in the system bylaws, the signature of the council chairman on the following documents shall be required as certification that the advisory council has had an opportunity to review and approve: the system long range plan, the annual program of services and budget, amendments to the annual program or budget requiring a contract modification, and system bylaws. In the event that a member of the advisory council has had an opportunity to review the documents, but does not approve their contents, a letter stating minority reports should accompany the documents to the State Library. In the event that a majority of the advisory council does not approve the contents of one of the documents referred to in this section, the chairman should sign the certificate of review and forward the advisory council's report with it. The chairman of the advisory council should sign the certificate of review in the appropriate place, if the majority of the advisory council determine that they have not been adequately informed of its contents by the major resource center staff.", "sourceNote": "Source Note: The provisions of this §1.120 adopted to be effective April 8, 2010, 35 TexReg 2741." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145118&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145118", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "F", "label": "SYSTEM ADVISORY COUNCIL" }, "rule": { "number": "§1.121", "label": "Disqualification of Council Members" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145119", "queryAsDate": "03/11/2026" }, "ruleBody": "If the library represented by a council member is disqualified from system membership or chooses to withdraw from the system, that council member shall cease to be a member of the system advisory council.", "sourceNote": "Source Note: The provisions of this §1.121 adopted to be effective April 8, 2010, 35 TexReg 2741." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145119&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145119", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "1", "label": "LIBRARY DEVELOPMENT" }, "subchapter": { "number": "F", "label": "SYSTEM ADVISORY COUNCIL" }, "rule": { "number": "§1.123", "label": "Voting by Member Library Representatives" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216939", "queryAsDate": "03/11/2026" }, "ruleBody": "The representative of each member library of a major resource system shall have one vote as a representative of a member library.", "sourceNote": "Source Note: The provisions of this §1.123 adopted to be effective April 8, 2010, 35 TexReg 2741." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216939", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227712&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227712", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:(1) Agency--means the Texas State Library and Archives Commission as an agency of the state of Texas, including the staff, collections, archives, operations, programs, and property of the Texas State Library and Archives Commission.(2) Commission--means the seven-member governing body of the Texas State Library and Archives Commission.(3) Competitive grant--Any grant awarded by the Texas State Library and Archives Commission based on competition among eligible entities for available grant funds.(4) Director and librarian--Chief executive and administrative officer of the Texas State Library and Archives Commission.(5) State Archives--A non-circulating collection of Texas state and local government records, private papers, maps, photographs, newspapers, and published materials that documents the history of the State of Texas and the growth and actions of its government.", "sourceNote": "Source Note: The provisions of this §2.1 adopted to be effective September 9, 1998, 23 TexReg 9030; amended to be effective November 29, 1999, 24 TexReg 10525; amended to be effective May 12, 2004, 29 TexReg 4463; amended to be effective March 12, 2024, 49 TexReg 1458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227712&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227712", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.2", "label": "Responsibilities of Commission and the Director and Librarian" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227713&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227713", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) General Powers and Responsibilities. The commission is a seven-member citizen board appointed by the governor with the advice and consent of the senate. The agency is within the executive branch, but functions independently within its statutory authority to serve the long-term public interest.(b) Powers and Responsibilities of the Commission. The commission is responsible for establishing the policy framework through which the Texas State Library carries out its statutory responsibilities. The commission governs the library through the director and librarian. The staff of the library receive direction from the commission through the director and librarian. Specifically, the commission:(1) adopts administrative rules that guide the staff in administering library programs;(2) approves strategic and operating plans and requests for appropriations;(3) approves all contracts as specified in §2.77 of this subchapter (relating to Contract Approval Authority and Responsibilities); (4) approves all competitive grants, and all other grants of $250,000 or more, made by the library;(5) acknowledges acceptance of gifts, grants, or donations of $500 or more that are in accord with the mission and purposes of the library;(6) oversees operations of the library for integrity, effectiveness, and efficiency;(7) acts as a final board of appeals for staff decisions or advisory board recommendations on grants, accreditation of libraries, certification of librarians, or other issues of concern to the public;(8) selects the director and librarian and approves the selection of the assistant state librarian; and(9) conducts a periodic performance review of the director and librarian.(c) Powers and Responsibilities of the Director and Librarian. The director and librarian is responsible for the effective and efficient administration of the policies established by the commission. Specifically, the director and librarian:(1) selects, organizes, and directs the staff of the library;(2) establishes the operating budget for the library and allocates funds among strategies, programs, and projects within the limits of statutory authority and as set forth in the General Appropriations Acts of the legislature;(3) approves expenditures of funds in accordance with law;(4) represents the commission and reports on behalf of the commission to the governor, the legislature, the public, or other organized groups as required;(5) reports in a timely manner all relevant information first to the chair and subsequently to all members of the commission, endeavoring to report to members of the commission in such a manner that the members are equally well informed on matters that concern the commission; and(6) delegates his/her responsibilities to the assistant state librarian or other agency staff as appropriate.", "sourceNote": "Source Note: The provisions of this §2.2 adopted to\r\nbe effective July 17, 1997, 22 TexReg 6431; amended to be effective\r\nMay 12, 2004, 29 TexReg 4463; amended to be effective June 25, 2023,\r\n48 TexReg 3223; amended to be effective March 12, 2024, 49 TexReg\r\n1458; amended to be effective March 10, 2026, 51 TexReg 1375." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227713&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227713", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.3", "label": "Procedures of Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216942", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Election of Officers. In accordance with statute, the chair of the commission is designated by the governor. The vice-chair is elected by the members of the commission at the first meeting in even numbered years.(b) Powers of the Chair. The chair shall call meetings of the commission, set the agenda for meetings of the commission, preside at meetings of the commission, and authenticate actions of the commission as necessary.(c) Vice-Chair. The vice chair of the commission exercises the powers and authority of the chair in the event of a vacancy, absence, or incapacity of the chair, including the authority to call a meeting, set the agenda, and act on behalf of the chair.(d) Committees. The chair shall appoint an audit committee, consisting of three members of the commission, one to serve as chair. The audit committee will receive plans and reports from internal and external auditors, review and revise such plans and reports as needed, and recommend them to the commission for adoption and approval. The chair shall appoint such other committees of the commission as may be deemed necessary.(e) Meetings. The commission shall have regularly scheduled meetings five times per year. The chair may call additional meetings of the commission as may be necessary, provided that adequate notice of such meetings shall be given in accordance with the Open Meetings Act (Government Code, Chapter 551). The chair shall call a special meeting of the commission upon written request by a majority of the members of the commission. Any regularly scheduled meeting of the commission may be canceled by the chair, provided that ten days notification is given to the members of the commission.(f) Agenda. The chair shall establish the agenda for meetings of the commission with advice from other members and the director and librarian. Any person may request that an item be placed on the agenda of the next meeting of the commission by writing to the chair, with a copy to the director and librarian. Such item will be added to the agenda at the discretion of the chair, except that the chair will place on the agenda any item requested by a majority of the members of the commission. Notice and agenda of commission meetings shall be posted by the director and librarian in accordance with the Open Meetings Act.(g) Transaction of Business. As defined in the Open Meetings Act, a majority of the members of the commission, or four members, shall constitute a quorum. Meetings of the commission are conducted in a manner that welcomes public participation and complies with the spirit of the Open Meetings Act. At each meeting of the commission the agenda shall include a period for public comment of up to five minutes per individual. Actions of the commission are approved by a majority of the members present and voting. Proxies are not allowed.(h) Minutes of Meetings. The director and librarian shall prepare minutes of commission meetings and file copies with members of the commission, the Legislative Reference Library, and the state publications program of the Texas State Library. Any changes or subsequent corrections of minutes at a commission meeting shall be filed in the same manner.(i) Establishing, Amending, or Rescinding Existing Policy. The commission fosters an open administrative process with full public participation in rule making through advance publication of all proposed rules in the Texas Register.(j) Travel of Commission Members. Members of the commission are entitled to reimbursement for actual expenses incurred to attend meetings of the commission subject to any applicable limitation on reimbursement provided by the General Appropriations Act or other act of the legislature. The chair shall review and approve any claim for reimbursement of actual expenses reasonably incurred in connection with the performance of other services as a commission member, subject to any applicable limitation on reimbursement provided by the General Appropriations Act or other act of the legislature.(k) Grants. The commission delegates to the director and librarian its authority to approve all grants that are less than $250,000, except competitive grants.(l) Gifts and Donations. The commission delegates to the director and librarian its authority to accept gifts, grants and donations of less than $500 that are in accord with the mission and purposes of the commission. Any such gifts, grants or donations will be managed in accordance with principles of sound financial management and will be used for the purposes for which they are given.(m) Advisory Committees. The chair may establish and appoint committees to assist the commission in their deliberations as needed and for the period required.(n) Code of Conduct. Members of the commission and officers and employees of the agency will not solicit or accept any gift, favor, service, or thing of value that might reasonably tend to influence the member, officer, or employee in the discharge of official duties, or that the member, officer, or employee knows or should know is being offered with the intent of influencing the member's, officer's, or employee's official conduct. Members, officers, and employees of the commission will not accept employment, engage in a business or professional activity, or accept compensation that would:(1) require or induce them to disclose confidential information acquired by virtue of official position;(2) impair their independence of judgment in the performance of official duties; or(3) create a conflict between their private interest and the public interest.", "sourceNote": "Source Note: The provisions of this §2.3 adopted to\r\nbe effective July 17, 1997, 22 TexReg 6431; amended to be effective\r\nMay 12, 2004, 29 TexReg 4463; amended to be effective July 1, 2020,\r\n45 TexReg 4319; amended to be effective March 12, 2024, 49 TexReg\r\n1458; amended to be effective March 10, 2026, 51 TexReg 1375." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216942", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.5", "label": "Advisory Committees; General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216943", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose and scope. This section governs procedures for the creation and operation of advisory committees, except as otherwise provided by law or commission rule. The purpose of an advisory committee is to make recommendations to the commission on programs, rules, and policies affecting the delivery of information services in the state. An advisory committee's sole role is to advise the commission. An advisory committee has no executive or administrative powers or duties with respect to the operation of the commission, and all such powers and duties rest solely with the commission.(b) Creation and duration of advisory committees. The commission shall create advisory committees by commission order. An advisory committee is abolished on the fourth anniversary of the date of its creation unless the commission designates a different expiration date for an advisory committee or an advisory committee has a specific duration prescribed by law.(c) Appointment procedures. The commission will appoint members to an advisory committee based on advice and input from the director and librarian. Each advisory committee will elect from its members a presiding officer, who will report the advisory committee's recommendations to the commission.(d) Size and quorum requirement. An advisory committee must be composed of a reasonable number of members not to exceed 24. A majority of advisory committee membership will constitute a quorum. An advisory committee may act only by majority vote of the members present at the meeting.(e) Membership terms. Advisory committee members:(1) may serve two- or four-year staggered terms, as ordered by the commission; and(2) are appointed by and serve at the pleasure of the commission. If a member resigns, dies, becomes incapacitated, is removed by the commission, otherwise vacates the position, or becomes ineligible prior to the end of the member's term, the commission will appoint a replacement to serve the remainder of the unexpired term.(f) Conditions of membership.(1) Qualifications. To be eligible to serve as a member of an advisory committee, a person must have knowledge about and interests in the specific purpose and tasks of an advisory committee as established by commission order.(2) Conflict of interest. Advisory committee members are subject to the same laws and policies governing ethical standards of conduct as those for commission members and employees.(3) Training requirements. Each member of an advisory committee must complete training regarding the Open Meetings Act, Chapter 551 of the Government Code, and the Public Information Act, Chapter 552 of the Government Code.(g) Administrative support. For each advisory committee, the director and librarian will designate a division of the agency that will be responsible for providing any necessary administrative support essential to the functions of the committee.(h) Meetings.(1) Meeting requirements. The division designated for an advisory committee under subsection (g) of this section shall submit to the Secretary of State notice of a meeting of the advisory committee. The notice must provide the date, time, place, and subject of the meeting. All advisory committee meetings shall be open to the public.(2) Scheduling of meetings. Meeting dates, times, places, and agendas will be set by the division designated under subsection (g) of this section.(3) Attendance. A record of attendance at each meeting of an advisory committee will be made. Unless otherwise provided by law, if a member of an advisory committee misses three consecutive advisory committee meetings, the member automatically vacates the position and the commission will appoint a new member to fill the remainder of the unexpired term created by the vacancy.(i) Record. Agency staff shall maintain minutes of each advisory committee meeting and distribute copies of approved minutes and other advisory committee documents to the commission and advisory committee members.(j) Reporting recommendations. The agency shall report an advisory committee's recommendations to the commission. The presiding officer of an advisory committee or designee may appear before the commission to present the committee's recommendations.(k) Reimbursement. Members of an advisory committee shall not be reimbursed for expenses unless reimbursement is authorized by law and approved by the director and librarian.(l) Review of advisory committees. The agency shall monitor the composition and activities of advisory committees. To enable the commission to evaluate the continuing need for an advisory committee, the agency shall report on the advisory committee's work, usefulness, and costs, including the cost of agency staff time spent in support of the committee's activities, at least annually.(m) Compliance with the Open Meetings Act. An advisory committee shall comply with the Open Meetings Act, Government Code, Chapter 551.(n) Rules. For each advisory committee appointed, the commission shall adopt rules that address the purpose of the advisory committee. The rules may address additional items, including membership qualifications, terms of service, operating procedures, and other standards to ensure the effectiveness of an advisory committee appointed under this subchapter.", "sourceNote": "Source Note: The provisions of this §2.5 adopted to be effective July 1, 2020, 45 TexReg 4319; amended to be effective March 12, 2024, 49 TexReg 1458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216943", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.7", "label": "Library Systems Act Advisory Board (LSA Board)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216944", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The LSA Board is created to advise the commission on matters relating to the Library Systems Act. The LSA Board's tasks include reviewing and making recommendations regarding the minimum standards for accreditation of libraries in the state library system, reviewing and making recommendations regarding the application of the standards to local libraries, reviewing and making recommendations regarding the future development of the Library Systems Act, reviewing and making recommendations regarding grant programs for local libraries, and reviewing and making recommendations regarding agency programs that affect local libraries.(b) The LSA Board reports to the commission through its meetings and meeting minutes, and/or reports or letters to the Director and Librarian.(c) The LSA Board membership consists of five librarians qualified by training, experience, and interest to advise the commission on the policy to be followed in applying Government Code, Chapter 441, Subchapter I, Library Systems. The term of office for each LSA Board member is three years.(d) The LSA Board shall expire on February 20, 2028.", "sourceNote": "Source Note: The provisions of this §2.7 adopted to be effective February 26, 2015, 40 TexReg 812; amended to be effective July 1, 2020, 45 TexReg 4319; amended to be effective March 12, 2024, 49 TexReg 1458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216944", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.8", "label": "Texas Historical Records Advisory Board (THRAB)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216945", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The THRAB is created to serve as the central advisory body for historical records planning and projects funded by the National Historical Publications and Records Commission that are developed and implemented in this state and advise the Texas State Library and Archives Commission on matters related to historical records in the state. The advisory board's tasks include those enumerated in Government Code §441.242.(b) The advisory board reports to the commission through its meetings and meeting minutes, and/or reports or letters to the Director and Librarian.(c) The THRAB is composed of:(1) the state archivist, who shall be appointed as the historical records coordinator by the governor and who serves as presiding officer of the THRAB;(2) two public members, appointed by the governor; and(3) six members, appointed by the director and librarian, who must have recognized experience in the administration of government records, historical records, or archives.(d) The terms of office for the members of the THRAB are as follows:(1) The historical records coordinator serves a four-year term;(2) The two public members appointed by the governor serve staggered terms of three years with the terms of the members expiring on February 1 of different years; and(3) The six members appointed by the director and librarian serve staggered terms of three years with the terms of one-third of the members expiring on February 1 of each year.(e) The THRAB shall expire on February 20, 2028.", "sourceNote": "Source Note: The provisions of this §2.8 adopted to be effective February 26, 2015, 40 TexReg 813; amended to be effective July 1, 2020, 45 TexReg 4319; amended to be effective March 12, 2024, 49 TexReg 1458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216945", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.9", "label": "TexShare Library Consortium Advisory Board (TexShare Advisory Board)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172189&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172189", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The TexShare Advisory Board is created to advise the commission on matters relating to the consortium.(b) The TexShare Advisory Board membership shall represent the various types of libraries comprising the membership of the consortium, with at least two members representing the general public. Members must be qualified by training and experience to advise the commission on policy to be followed in applying Government Code, Chapter 441, Subchapter M, TexShare Library Consortium. TexShare Advisory Board members serve three-year terms beginning September 1.(c) The TexShare Advisory Board shall expire on February 20, 2028.", "sourceNote": "Source Note: The provisions of this §2.9 adopted to be effective July 1, 2020, 45 TexReg 4319; amended to be effective March 12, 2024, 49 TexReg 1458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172189&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172189", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.11", "label": "Merit Selection Principles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206976&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206976", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Texas Government Code Chapter 655 (regarding Merit Selection Principles), the following principles will be effective if the agency becomes required by federal law or regulation to use a merit system of personnel administration for the agency or for a program administered under the agency.(b) The agency shall establish policies and procedures to ensure compliance with the federal requirements; and the recruitment, selection, and advancement of highly competent agency personnel.(c) The agency shall ensure that it:(1) recruits, selects, and promotes its employees according to the relative abilities, knowledge, and skills of the applicants or employees;(2) provides equitable and adequate compensation to an employee;(3) provides any employee training necessary to ensure performance of a high quality;(4) uses the adequacy of an employee's job performance to determine whether the employee will be retained;(5) treats a job applicant or employee fairly in all aspects of personnel administration;(6) complies fully with state and federal equal opportunity and nondiscrimination laws;(7) protects an employee against coercion for partisan political purposes and prohibits the employee from using employment status to interfere with or affect the result of an election or nomination for office; and(8) implements any additional merit principles required by federal law or regulation.", "sourceNote": "Source Note: The provisions of this §2.11 adopted to be effective May 4, 2015, 40 TexReg 2411." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206976&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206976", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.12", "label": "Sick Leave Pool" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206977&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206977", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A sick leave pool is established to alleviate hardship caused to an employee and the employee's immediate family if a catastrophic injury or illness forces the employee to exhaust all eligible leave time earned by that employee and to lose compensation time from the state.(b) The director-librarian or designee shall administer the sick leave pool.(c) The prescribed procedures relating to the operation of the sick leave pool will be published in the agency's Employee Guide. (d) Operation of the pool shall be consistent with Government Code, Chapter 661, Subchapter A (relating to State Employee Sick Leave Pool).", "sourceNote": "Source Note: The provisions of this §2.12 adopted to be effective May 4, 2015, 40 TexReg 2411; amended to be effective December 6, 2021, 46 TexReg 8239." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206977&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206977", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.13", "label": "State Employee Family Leave Pool" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138591&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138591", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A state employee family leave pool is established to provide eligible state employees more flexibility in bonding with and caring for children during a child's first year following birth, adoption, or foster placement and for caring for a seriously ill family member or the employee.(b) The director-librarian or designee shall administer the sick leave pool.(c) The prescribed procedures relating to the operation of the family leave pool will be published in the agency's Employee Guide. (d) Operation of the pool shall be consistent with Government Code, Chapter 661, Subchapter A-1 (relating to State Employee Family Leave Pool).", "sourceNote": "Source Note: The provisions of this §2.13 adopted to be effective December 6, 2021, 46 TexReg 8239." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138591&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138591", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.40", "label": "Alternative Dispute Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138592&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138592", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The agency's policy is to enable the resolution and early settlement of internal and external disputes, including contested cases, through voluntary settlement processes, which may include a procedure or combination of procedures described by Chapter 154, Civil Practice and Remedies Code. Any Alternative Dispute Resolution (ADR) procedure used to resolve disputes before the commission shall comply with the requirements of Chapter 2009, Government Code, and any model guidelines for the use of ADR issued by the State Office of Administrative Hearings.(b) The agency's deputy director or his designee shall be the agency's dispute resolution coordinator (DRC). The DRC shall perform the following functions, as required:(1) coordinate the implementation of the policy set out in subsection (a) of this section;(2) serve as a resource for any staff training or education needed to implement the ADR procedures; and(3) collect data to evaluate the effectiveness of ADR procedures implemented by the agency.(c) Any costs associated with retaining an impartial third party mediator, moderator, facilitator, or arbitrator, shall be borne by the party requesting ADR.(d) Agreements of the parties to ADR must be in writing and are enforceable in the same manner as any other written contract. Confidentiality of records and communications related to the subject matter of an ADR proceeding shall be governed by §154.073 of the Civil Practice and Remedies Code.(e) If the ADR process does not result in an agreement, the matter may be referred to the commission for other appropriate disposition.", "sourceNote": "Source Note: The provisions of this §2.40 adopted to be effective November 16, 2008, 33 TexReg 9078." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138592&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138592", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.42", "label": "Negotiation and Mediation of Certain Contract Disputes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216946", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission adopts by reference the rules of the Office of the Attorney General in Texas Administrative Code, Title 1, Part 3, Chapter 68 relating to Negotiation and Mediation of Certain Contract Disputes to comply with the requirements of Government Code, Chapter 2260, §2260.052(c). The rules set forth a process to permit parties to structure a negotiation or mediation in a manner that is most appropriate for a particular dispute regardless of the contract's complexity, subject matter, dollar amount, or method and time of performance.", "sourceNote": "Source Note: The provisions of this §2.42 adopted to be effective November 16, 2008, 33 TexReg 9078." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216946", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.46", "label": "Negotiated Rulemaking" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216947", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) It is the commission's policy to engage in negotiated rulemaking procedures under Government Code, Chapter 2008, when appropriate. When the agency finds that proposed rules are likely to be complex or controversial, or to affect disparate groups, negotiated rulemaking may be proposed.(b) When negotiated rulemaking is proposed, the director and librarian will appoint a convenor to assist in determining whether it is advisable to proceed. The convenor shall perform the duties and responsibilities contained in Government Code, Chapter 2008.(c) If the convenor recommends proceeding with negotiated rulemaking and the commission adopts the recommendation, the commission shall initiate negotiated rulemaking according to the provisions of Government Code, Chapter 2008.", "sourceNote": "Source Note: The provisions of this §2.46 adopted to be effective November 16, 2008, 33 TexReg 9078; amended to be effective July 1, 2020, 45 TexReg 4319; amended to be effective March 12, 2024, 49 TexReg 1458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216947", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.48", "label": "Petition for Adoption of Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220553", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any interested person may petition the agency requesting the adoption of a rule.(b) At a minimum, a petition under this section must be in writing directed to the director and librarian and contain the following:(1) A clear and concise statement of the substance of the proposed rule, together with a brief explanation of the purpose to be accomplished through such adoption;(2) The petitioner's full name, Texas address, telephone number, and signature; and(3) The chapter and subchapter in which, in the petitioner's opinion, the rule belongs, and the proposed rule text of a new rule or the text of the proposed rule change prepared in a manner to indicate the words to be added or deleted from the current text, if any.(c) Within 60 days after receipt, the agency will either deny the petition in writing, stating its reasons therefore, or will initiate rulemaking proceedings in accordance with the Administrative Procedure Act (Government Code, Chapter 2001, Subchapter B).(d) If rulemaking procedures are initiated under this section, the version of the rule the agency proposes may differ from the version proposed by the petitioner.", "sourceNote": "Source Note: The provisions of this §2.48 adopted to be effective November 16, 2008, 33 TexReg 9078; amended to be effective July 1, 2020, 45 TexReg 4319; amended to be effective March 12, 2024, 49 TexReg 1458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220553", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.51", "label": "Public Record Fees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220554", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The agency will charge the fees established by the Office of the Attorney General in Texas Administrative Code, Title 1, Part 3, Chapter 70 (relating to Cost of Copies of Public Information) and the amounts described in subsection (b) of this section for providing any person the following:(1) Reproductions of materials from its collections of library and archival materials that are maintained for public reference;(2) Copies of public records of other agencies stored in the State Records Center; and(3) Records of the agency.(b) The agency will maintain a fee schedule outlining the charges for providing information to any individual. In addition to the fees described in subsection (a) of this section and listed on the fee schedule, the agency will charge as follows:(1) Certification of copies is $5.00 per instrument, which may include several pages with certification required only once. If certification is requested on each page, the cost is $5 per instrument if the instrument consists of 5 pages or less or $1 per page if the instrument consists of more than 5 pages.(2) If a customer requests items printed from digital information resources, the items will be billed at the page rate for paper copies.(3) If a customer requests printing of large format materials held in the Texas State Archives, the charge will be assessed at an established rate available on the agency fee schedule.(4) The charge for duplication of non-standard materials from the archival collections is the actual commercial reproduction cost plus 25% of that cost.(5) If any materials must first be digitized prior to duplication, an additional fee to cover the cost of digitization, available on the agency fee schedule, will be charged.(6) A customer will be billed for any third-party access or use charges, if applicable.(7) The minimum charge for any service requiring preparation of an invoice is $1.00.(c) The agency will not provide copies of or access to the records of other entities housed in the State Records Center without written permission of the entity.", "sourceNote": "Source Note: The provisions of this §2.51 adopted to be effective July 4, 1994, 19 TexReg 4814; amended to be effective March 4, 1997, 22 TexReg 1889; amended to be effective May 12, 2004, 29 TexReg 4463; amended to be effective August 31, 2015, 40 TexReg 5456; amended to be effective January 11, 2017, 42 TexReg 11; amended to be effective March 18, 2020, 45 TexReg 1852; amended to be effective August 29, 2024, 49 TexReg6445." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220554", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.52", "label": "Patron Registration and Customer Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216948&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216948", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Registration.(1) Any person 17 years of age or older wishing to access materials in the State Archives or access certain library services, including, but not limited to, borrowing items from the agency's circulating collections, interlibrary loan, and remote access to TexShare databases, must register with the agency in person each year by presenting a current government-issued photo identification, signing a registration agreement, and providing their name, home address, telephone number, and e-mail address, if applicable or required for specific services.(2) Patrons of the State Archives must also comply with §10.2 of this title (relating to Public Access to Archival State Records and Other Historical Resources).(3) Only individuals are eligible for patron registration. Entities of any type or groups of individuals are not eligible for patron registration.(b) Loans of Circulating Items.(1) The loan period for circulating items borrowed by patrons is four weeks. Loans may be renewed once for one four-week period if the item has not been reserved by another patron. Overdue materials may be renewed if they are less than 4 weeks overdue.(2) The loan period for materials loaned to other libraries through the interlibrary loan program is eight weeks.(3) There is no limit on the number of circulating items a patron may borrow except for reels of microfilm, which are limited to a maximum of five reels of microfilm at one time.(c) Overdue and Lost Items.(1) Patrons are responsible for items checked out in their name until they are returned to the circulation desk of the collection from which they were borrowed. Items must be returned in person at the Lorenzo de Zavala State Archives and Library Building, 1201 Brazos, Austin, Texas 78701-1938.(2) There is no fine for overdue items.(3) The agency will assess patrons for the cost of replacement of lost items. Replacement cost is based on the current price of the item.(4) The agency will send a patron an invoice for the replacement cost of an item when it is six weeks overdue.(d) Suspension of Service.(1) The agency may permanently suspend a patron's borrowing privileges if the patron fails to return materials within eight weeks of the due date more than two times.(2) The agency may suspend all services to a patron for six months if the patron smokes (including tobacco, vaping, or e-cigarettes) in an agency facility or brings any type of food, gum, candy, throat lozenges, or liquid into an agency reading or reference room.(3) The agency may permanently suspend all services to a patron if the patron exhibits behavior the agency considers threatening, harassing, or obscene toward agency staff or other patrons or if a patron steals, damages, or destroys any item in the State Archives or any other property of the agency.(4) Any individual who has been suspended under this subsection may appeal the decision by filing a protest with the director and librarian in compliance with §2.55 of this title (relating to Protest Procedure).", "sourceNote": "Source Note: The provisions of this §2.52 adopted to be effective July 4, 1994, 19 TexReg 4814; amended to be effective September 6, 1998, 23 TexReg 9036; amended to be effective May 12, 2004, 29 TexReg 4463; amended to be effective August 29, 2024, 49 TexReg 6445." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216948&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216948", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.53", "label": "Service Complaints" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216949", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Complaints regarding agency services must be submitted in writing to the director and librarian. Complaints may be mailed to Director and Librarian, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas, 78711-2927; hand-delivered at 1201 Brazos Street, Austin, Texas, 78701, or sent by email to dir.lib@tsl.texas.gov. The agency will review, investigate, and respond to complaints within 10 business days from the date the complaint is received. The agency will notify the complainant if additional time is necessary to investigate a complaint.(b) The agency will maintain a record of complaints filed. This will include information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.(c) The agency will make information available describing its procedures for complaint investigation and resolution.", "sourceNote": "Source Note: The provisions of this §2.53 adopted to be effective July 17, 1997, 22 TexReg 6431; amended to be effective September 7, 1998, 23 TexReg 9037; amended to be effective May 12, 2004, 29 TexReg 4463; amended to be effective August 25, 2008, 33 TexReg 6810; amended to be effective March 12, 2024, 49 TexReg 1458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216949", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.54", "label": "HUB Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216950&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216950", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission adopts the rules of the Comptroller of Public Accounts relating to the Historically Underutilized Business (HUB) Program at 34 TAC, Part 1, Chapter 20, Subchapter D, Division 1.", "sourceNote": "Source Note: The provisions of this §2.54 adopted to be effective March 12, 2024, 49 TexReg 1458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216950&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216950", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.55", "label": "Protest Procedure" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227714&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227714", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An aggrieved person who is not satisfied with a decision, procedure, or service received from agency staff of the commission or who is an actual or prospective bidder, grantee, or contractor aggrieved in connection with a solicitation, evaluation, or award may file a protest with the director and librarian in accordance with this rule.(b) A protest must be submitted to the director and librarian within 21 days after the person knows or should have known of the matter that is protested. The director and librarian has the discretion to allow a protest filed after 21 days if the protestant shows good cause for the late filing or if the protest raises an issue significant to the general policies and procedures of the commission.(c) The protestant shall mail or deliver a copy of the protest to all interested persons. The director and librarian will furnish a list of interested persons to a protestant. For protests of a competitive selection (bid, contract, or grant), interested persons shall include all persons who have submitted a bid, proposal, or application.(d) A protest must be in writing and identified as a protest under commission rule 13 TAC §2.55 and contain the following:(1) a description of the protestant's interest in the matter;(2) the issue(s) to be resolved and remedy(s) requested;(3) the protestant's argument supporting the protest, including a statement of relevant facts and applicable law, specifying the statutes, rules, or other legal authority alleged to have been violated;(4) the protestant's affirmation that facts set forth in the protest are true; and(5) a certification that a copy of the protest has been mailed or delivered to all interested persons.(e) Upon receipt of a protest conforming to the requirements of this section, the agency shall not proceed with the solicitation, award, or contract until the protest is resolved, unless the director and librarian makes a written determination that delay would harm the substantial interests of the state.(f) The director and librarian has the authority to decide, settle, or resolve the protest and will make a written determination. The director and librarian may solicit written responses to the protest from other parties. The director and librarian shall inform the protesting party and other interested parties by letter of his determination, how to appeal the determination to the commission, and how to respond to any appeal that is filed.(g) An interested party may appeal the determination of the director and librarian. An appeal must be in writing and conform to paragraphs (1) - (3) of this subsection:(1) the appeal must be received in the office of the director and librarian no later than 15 days after the date the determination is mailed to interested parties;(2) a copy of the appeal must be mailed or delivered by the appealing party to all interested parties and contain a certification of mailing or delivery;(3) the appealing party must state whether or not an opportunity is requested to make an oral presentation to the commission in open meeting.(h) The director and librarian shall refer the matter to the commission for their consideration at an open meeting.(i) The chair of the commission has the discretion to allow an appeal filed more than 15 days after the director and librarian's determination if the appealing party shows good cause for the late filing or if the appeal raises an issue significant to the general policies or procedures of the commission.(j) An interested party may file a response to an appeal of the determination of the director and librarian no later than 15 days after the appeal is mailed or delivered. The chair of the commission has the discretion to allow a response filed more than 15 days after the appeal of the determination by the director and librarian if the interested party shows good cause for the late filing or if the response raises an issue significant to the general policies or procedures of the commission.(k) Copies of the appeal and responses of interested parties, if any, shall be mailed to the commission by the director and librarian.(l) The chair of the commission has the discretion to decide whether or not a request for oral presentations will be granted and will set the order and amount of time for oral presentations that are allowed. The chair also has the discretion to decide whether presentations and written documents presented by agency staff and interested parties will be allowed.(m) The commission will determine properly filed appeals and make its decision in open meeting. The commission shall vote to uphold or reverse the decision of the director and librarian. Failing a majority vote of the commission to reverse, the director and librarian's decision is upheld. The commission's decision is final and not subject to judicial review under the statutes governing the commission.(n) A decision issued either by the commission in open meeting or in writing by the director and librarian shall be the final administrative action of the commission.(o) Documentation concerning a protest of a competitive selection is part of the agency's records series for that selection and is retained in accordance with the agency's approved records retention schedule.", "sourceNote": "Source Note: The provisions of this §2.55 adopted to be effective September 7, 1998, 23 TexReg 9037; amended to be effective May 12, 2004, 29 TexReg 4463; amended to be effective March 12, 2024, 49 TexReg 1458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227714&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227714", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.56", "label": "Training and Education of Staff" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216952", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The agency may provide training and education for its employees in accordance with Government Code, Chapter 656, Subchapters C and D. The agency will develop policies for training and education provided or funded by the agency under the training and education program. (b) The agency's employee training and education program may include, but is not limited to, the following:(1) agency sponsored training;(2) seminars and conferences; (3) internet training; and (4) tuition reimbursement.(c) The agency may provide training to any of its employees to enable them to perform their current duties more effectively. The agency may also provide training to selected employees to enable them to perform prospective duties needed by the agency.(d) The agency may require an employee to attend any necessary training program.(e) Employee training must be recommended by the division director and approved by the director and librarian or designee. Approval to participate in a training program is not automatic and may be subject to the availability of funds within a division's budget.(f) When training is approved, the agency will either pay the training costs or allow the employee's schedule to accommodate the training (by rearranging work hours or allowing the training to be taken as work time), or both.(g) Certain obligations may be required of employees on completion of training, including, but not limited to, the following: (1) After attending training, an employee must submit a report of the training to the Human Resources Office of the agency within three working days; and (2) An employee may be required to make an oral or written presentation regarding information obtained from the training to other employees.(h) An employee who fails to complete training the agency has paid for must reimburse the agency for the cost of the training, unless the employee failed to complete the training for reasons beyond the employee's control.(i) The agency offers a Tuition Assistance Program to provide additional opportunities to enhance employee job skills and to retain a well-qualified, trained, professional workforce dedicated to the agency's mission. The Tuition Assistance Program includes instruction, teaching, or other education received by a state employee that is not normally received by other state employees and that is designed to enhance the ability of the employee to perform the employee's job. (j) Employees who wish to apply for the Tuition Assistance Program must receive approval for participation from their supervisor and human resources and complete the Tuition Assistance Application and Reimbursement form. To be eligible for participation in the Tuition Assistance Program, employees must:(1) Be continuously employed by the agency for at least one year at the time of application; (2) Maintain satisfactory job performance (or better) as documented in their current performance evaluation; and (3) Have no disciplinary action during the six months prior to application.(k) An employee participating in the Tuition Assistance Program must agree in writing, prior to beginning the coursework or examination, to a one-year service commitment to the agency. Employees who do not comply with the length of the service requirement must reimburse the agency for the amount of reimbursements received.(l) A reimbursement to an employee or administrator for tuition under the provisions of Government Code, §656.047 must be approved by the director and librarian before the reimbursement is paid.(m) If an employee is to receive special training that will be paid by the agency, and during the training period the employee will not perform regular duties for three or more months as a result of the training, the employee must agree in writing to the requirements of Government Code §656.103 and §656.104.", "sourceNote": "Source Note: The provisions of this §2.56 adopted to be\r\neffective July 4, 2001, 26 TexReg 4871; amended to be effective May\r\n12, 2004, 29 TexReg 4463; amended to be effective March 12, 2024,\r\n49 TexReg 1458; amended to be effective March 10, 2026, 51 TexReg\r\n1375." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216952", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.60", "label": "Friends Groups" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172193&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172193", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission may designate nonprofit organizations that are organized to raise funds and provide services and other benefits to the agency as a \"friend\" of the commission. A friends group must submit copies of its charter and bylaws or other organizational documents to the commission for review and approval. Upon designation as a friend of the commission and for so long as such designation exists, the commission may recognize a friends group. Designation as a \"friend\" shall be reviewed periodically but not less than once every five years.(b) Funds accepted by friends groups for the benefit of the commission to support the purposes and programs of the commission are to be managed as reasonably prudent persons would manage funds if acting on their own behalf. Such funds are to be accounted for according to generally accepted accounting principles. A financial report shall be prepared at least annually and made available to the public upon request.(c) The commission may authorize reasonable use of agency employees, equipment, or property by recognized friends groups in order to further or support the purposes or programs of the commission, provided such usage is commensurate with the benefit received or to be received by the commission. Agency employees shall receive no compensation from the friends groups for such service.(d) A commission member or agency employee may not serve as an officer or director of a friends group. The commission will designate not more than one of its members to serve as liaison to each friends group.(e) Nothing in this section shall supersede any rule or statute regulating the conduct of an employee of a state agency or the procedures of a state agency. To the extent of any conflict, the other rule or statute shall prevail.", "sourceNote": "Source Note: The provisions of this §2.60 adopted to be effective May 12, 2004, 29 TexReg 4463; amended to be effective March 12, 2024, 49 TexReg 1458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172193&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172193", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.61", "label": "Private Donors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216953", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Government Code §441.006(b)(2), Government Code Chapter 575, Government Code Chapter 2255, and the General Appropriations Act, this section establishes the criteria, procedures and standards of conduct governing the relationship between the commission and its officers and employees and private donors. This section authorizes the commission to accept donations it determines are in the public interest to accept, and that further its goals and programs.(b) A private donor may make monetary or non-monetary donations, including contributions and gifts, to the commission to be spent or used for public purposes. Use by the commission of the donation must be consistent with the mission and duties of the agency. If the donor specifies the purpose of the donation, the commission should use the donation for that purpose. A donation may be accepted only if it does not influence or reasonably appear to influence, the agency or staff in the performance of official duties.(c) On behalf of the commission, the director-librarian may accept donations that do not exceed $500 in value. Donations that exceed $500 in value must be accepted by the commission in open meeting. Acceptance of the donation by the commission will be recorded in the minutes, together with the name of the donor, description of the donation and a statement of the purpose of the donation, if any.(d) Monetary donations must be spent in accordance with the State Appropriations Act and deposited in the state treasury unless statutorily exempted. Reimbursements for employee travel expenses or other operating expenses are not considered to be donations.(e) The commission may document terms or conditions relating to the donation through an agreement with the donor.", "sourceNote": "Source Note: The provisions of this §2.61 adopted to be effective May 4, 2015, 40 TexReg 2411." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216953&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216953", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.70", "label": "Vehicle Fleet Management" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172192&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "172192", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To the extent applicable, the commission adopts the Texas State Vehicle Fleet Management Plan developed by the Office of Vehicle Fleet Management, Statewide Procurement Division of the Texas Comptroller of Public Accounts.(b) The director and librarian will designate a vehicle fleet manager for the agency.(c) The vehicle fleet manager, with executive approval, is responsible for:(1) managing the agency's vehicle fleet in accordance with the State Vehicle Fleet Management Plan;(2) observing and enforcing statewide fleet management policies and procedures at the agency level; and(3) developing written policies and procedures for managing commission vehicles that implement, to the extent feasible, the Best Practices guidelines of the State Vehicle Fleet Management Plan.(d) Each agency vehicle is assigned to the agency motor pool and is available for checkout for official business by employees who are authorized to drive agency vehicles, with the advance approval of the executive or the vehicle fleet manager.(e) The agency may assign a vehicle to an individual administrative or executive employee on a regular or everyday basis only if the agency makes a written documented finding that the assignment is critical to the needs and mission of the agency.", "sourceNote": "Source Note: The provisions of this §2.70 adopted to be effective February 27, 2001, 26 TexReg 1697; amended to be effective May 12, 2004, 29 TexReg 4463; amended to be effective June 25, 2023, 48 TexReg 3223; amended to be effective March 12, 2024, 49 TexReg 1458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=172192&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "172192", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.75", "label": "Contract Monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198764&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198764", "queryAsDate": "03/11/2026" }, "ruleBody": "Contract monitoring is primarily conducted by the program and administrative staff of the agency under the authority and direction of Government Code §2261.202. The internal audit function will perform any additional contract monitoring as specifically directed by the Audit Committee of the commission.", "sourceNote": "Source Note: The provisions of this §2.75 adopted to be effective May 4, 2015, 40 TexReg 2411." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198764&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198764", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.76", "label": "Enhanced Contract Monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216954&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216954", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission will identify contracts that require enhanced contract or performance monitoring.(b) In determining which contracts require enhanced contract or performance monitoring, the commission will consider factors including:(1) total dollar amount of contract;(2) total contract duration;(3) vendor past performance;(4) user and business process impacts of contract failure or delay;(5) risk of fraud, waste, or abuse;(6) special circumstances of the project; and(7) scope of goods or services provided.(c) The director and librarian or designee will provide information on contracts that require enhanced monitoring to the commission. The commission will also be notified immediately of any serious issue or risk that is identified with respect to a contract subject to enhanced contract monitoring.(d) This section does not apply to a memorandum of understanding, interagency contract, interlocal agreement, or contract for which there is not a cost.", "sourceNote": "Source Note: The provisions of this §2.76 adopted to be effective March 18, 2020, 45 TexReg 1853." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216954&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216954", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "A", "label": "PRINCIPLES AND PROCEDURES OF THE COMMISSION" }, "rule": { "number": "§2.77", "label": "Contract Approval Authority and Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216960", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this rule is to establish the approval authority and responsibilities for executing contracts required by the agency.(b) Applicability. This rule applies to all contracts entered into by the agency.(c) Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates otherwise.(1) Contract--means a written agreement between the agency and a contractor for goods or services. As used in this section, \"contract\" includes the following: interagency contracts with other government entities; interlocal agreements with other government entities; and other documents in which funds or services allocated to the agency are exchanged for the delivery of other goods or services.(2) Value--means the estimated dollar amount the agency may be obligated to pay pursuant to the contract and all executed and proposed amendments, extensions, and renewals of the contract. The agency shall base its determination of the proposed length of and compensation during the original term and renewal periods of the contract on best business practices, state fiscal standards, and applicable law, procedures, and regulations. The agency's determination of contract value reflects the definition set forth in the State of Texas Contract Management Guide as developed by the comptroller under Government Code, §2262.051.(d) Approval Authority.(1) Commission Approval. The director and librarian or designee shall present certain contracts to the commission for approval. The commission shall consider for approval:(A) any contract or amendment with a value expected to exceed $1 million;(B) any amendment to a contract that results in the contract value exceeding $1 million;(C) any contract or amendment to a contract that relates to the TexShare Library Consortium regardless of overall contract value; and(D) any other contract deemed appropriate for commission approval as determined by the director and librarian in consultation with the chair of the commission.(2) Agency Approval.(A) The commission delegates authority to the director and librarian or designee to approve all contracts not listed in paragraph (1) of this subsection;(B) The commission delegates authority to the director and librarian or designee to approve contracts with an overall contract value that exceeds $1 million as approved by commission order; and(C) The commission delegates authority to the director and librarian to approve a purchase request or contract listed in paragraph (1) of this subsection for an emergency as defined in 34 TAC §20.25 (relating to Definitions), or to avoid undue material additional cost to the state. The director and librarian shall report any purchase requests or contracts executed by the director and librarian under this authority to the commission chair prior to execution of any such purchase requests or contracts.(e) Authority to Execute Contracts. The commission delegates authority to the director and librarian to execute all contracts for the agency. This authority may be delegated by the director and librarian to the assistant state librarian or other designee.(f) Contract Planning. The agency will present to the commission for information a contract plan for the next fiscal year that outlines the agency's anticipated contracting actions that exceed $500,000. The director and librarian or designee will present updates to the contract plan to the commission for information periodically throughout the fiscal year.", "sourceNote": "Source Note: The provisions of this §2.77 adopted to be effective June 25, 2023, 48 TexReg 3223; amended to be effective March 12, 2024, 49 TexReg 1458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216960&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216960", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "C", "label": "GRANT POLICIES" }, "rule": { "number": "§2.110", "label": "Scope of Subchapter" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216961", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Texas Government Code, Chapter 441, authorizes the commission to establish a program of grants using state, federal, or other funds. This subchapter establishes the guidelines for awarding grants and other rules necessary to the administration of these grant programs.(b) The agency adopts by reference the Uniform Grant Management Standards and the Texas Grant Management Standards as published by the Texas Comptroller of Public Accounts.", "sourceNote": "Source Note: The provisions of this §2.110 adopted to be effective March 12, 2024, 49 TexReg 1458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216961&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216961", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "C", "label": "GRANT POLICIES" }, "rule": { "number": "§2.111", "label": "General Selection Criteria" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216955", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Grants shall be awarded based on guidelines that reflect applicable state or federal priorities and mandates. The grant guidelines issued by the agency will specify the timetable, forms, procedures, and any supplemental criteria or requirements applicable to a particular grant for that year. Grant guidelines include the goals describing the purpose of the grant program, applicant eligibility requirements, description of the services to be provided, applicable priorities and restrictions, the selection criteria, and the process to evaluate grant applications and select awards.(b) The general selection criteria include:(1) applicant eligibility;(2) relevance to goals;(3) program impact;(4) program scope and quality;(5) the cost of proposed service;(6) measurability of service impact; and(7) compliance with requirements.(c) The agency may consider additional factors in the selection process, including:(1) financial ability to perform services;(2) state and regional service needs and priorities;(3) improved access for underserved areas and populations;(4) improved access to funding for libraries that have not received grants from the agency within a specified time frame to be determined by the agency or that have limited resources;(5) ability to continue services after grant period; and(6) past performance and compliance.", "sourceNote": "Source Note: The provisions of this §2.111 adopted to be effective March 5, 2007, 32 TexReg 1068; amended to be effective May 3, 2009, 34 TexReg 2601; amended to be effective March 18, 2020, 45 TexReg 1853; amended to be effective March 12, 2024, 49 TexReg 1458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216955", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "C", "label": "GRANT POLICIES" }, "rule": { "number": "§2.112", "label": "Eligible and Ineligible Expenses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216956&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216956", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Except as provided in grant guidelines, competitive grants may fund costs for staff, equipment, capital expenditures, supplies, professional services, and other typical operating expenses, as permitted by §2.110(b) of this title (relating to Scope of Subchapter). The purpose of competitive grants is not for collection development or other activities primarily focused on the acquisition of library materials or resources.(b) Except as provided in grant guidelines, competitive grants may not fund the following:(1) Capital expenditures related to the purchase of real property or buildings;(2) Capital expenditures related to the construction or expansion of facilities, including fixtures and services;(3) Capital expenditures related to renovation costs, including fixtures and services;(4) Food, beverages, or food delivery equipment or services;(5) Awards, honoraria, prizes, gifts, or incentives;(6) Equipment or technology not specifically needed to carry out the goals of the grant;(7) Transportation /travel for project participants or non-grant funded personnel;(8) Databases currently offered or similar to ones offered by the agency (i.e., a magazine index database may not be purchased if a comparable one is provided by the agency);(9) Collection development purchases not targeted directly to the grant goals nor integral to the service program;(10) Advertising or public relations costs not directly related to promoting awareness of grant-funded activities;(11) Performers or presenters whose purpose is to entertain rather than to educate; or(12) Other expenses as excluded in the grant guidelines.", "sourceNote": "Source Note: The provisions of this §2.112 adopted to be effective March 5, 2007, 32 TexReg 1068; amended to be effective June 25, 2023,48 TexReg 3224; amended to be effective March 12, 2024, 49 TexReg 1458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216956&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216956", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "C", "label": "GRANT POLICIES" }, "rule": { "number": "§2.113", "label": "Selection Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216957&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216957", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be eligible for review, each application must be submitted by the specified deadline with all required components and all necessary authorization signatures.(b) Agency staff will review each application for the following:(1) legal eligibility of the institution to participate in a grant program and appropriate authorizing signature;(2) conformance to the federal and state regulations pertaining to grants;(3) inclusion of unallowable costs;(4) errors in arithmetic or cost calculations;(5) submission of all required forms;(6) compliance with submission procedures and deadlines; and(7) relevance and appropriateness of the project design and activities to the purpose of the grant program.(c) Agency staff will raise issues and questions regarding the needs, methods, staffing and costs of the applications. Staff will also raise concerns regarding the relevance and appropriateness of the project design and activities to the purpose of the grant program. Staff comments will be sent to the review panel with the applications for consideration by the panel.(d) Applicants will be sent a copy of the staff comments to give applicants an opportunity to respond in writing. Applicants may not modify the proposal in any way; however, applicants' responses to staff comments will be distributed to the panel.(1) Applications with significant errors, omissions, or eligibility problems will not be rated. Applications in which the project design and activities are not relevant and appropriate to the purpose of the grant program will be ineligible.(2) Agency staff will be available to offer technical assistance to reviewers.(e) The agency may use peer review panels to evaluate applications in competitive grant programs.(1) Peer reviewers may include professionals, citizens, community leaders, and agency and library staff to evaluate grant applications. Peer reviewers must have appropriate training or service on citizen boards in an oversight capacity and may not evaluate grant applications in which there is, or is a possible appearance of, a conflict of interest.(2) The agency staff will distribute selected applications to reviewers and will provide written instructions or training for peer reviewers. Reviewers must complete any training prior to reviewing applications.(3) The reviewers will score each application according to the review criteria and requirements stated in the grant guidelines.(4) Each evaluation of an application for competitive grants shall be appropriately documented by the peer reviewer conducting the evaluation. The documentation shall include the scores assigned by the peer reviewer. The peer reviewer may also include comments that may be shared with the applicant.(f) Applications will be scored using the following process:(1) The peer reviewers will review all complete and eligible grant applications forwarded to them by agency staff and complete a rating form for each. Each reviewer will evaluate the proposal in relation to the specific requirements of the criteria and will assign a value, depending on the points assigned to each criterion.(2) No reviewer who is associated with an applicant or who stands to benefit directly from an application will serve on the review panel for the grant program in which the application is submitted for that grant cycle. Any reviewer who is associated with a potential applicant in the respective category must inform the agency and their organization about a potential conflict of interest. Any reviewer who feels unable to evaluate a particular application fairly may choose not to review that application.(3) Reviewers will consider and assess the strengths and weaknesses of any proposed project only on the basis of the documents submitted. Considerations of geographical distribution, demographics, type of library, or personality will not influence the assessment of a proposal by the review panel. The panel members must make their own individual decisions regarding the applications. The panel may discuss applications, but the panel's recommendations will be compiled from the individual assessments, not as the result of a collective decision or vote.(4) Reviewers may not discuss proposals with any applicant before the proposals are reviewed. Agency staff is available to provide technical assistance to reviewers. Agency staff will conduct all negotiations and communication with the applicants.(5) Reviewers may recommend setting conditions for funding a given application or group of applications (e.g., adjusting the project budget, revising project objectives, modifying the timetable, amending evaluation methodology, etc.). The recommendation must include a statement of the reasons for setting such conditions. Reviewers who are ineligible to evaluate a given proposal will not participate in the discussion of funding conditions.(6) Reviewers will submit their evaluation forms to the agency. In order to be counted, the forms must arrive before the specified due date.", "sourceNote": "Source Note: The provisions of this §2.113 adopted to be effective March 5, 2007, 32 TexReg 1068; amended to be effective March 12, 2024, 49 TexReg 1458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216957&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216957", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "C", "label": "GRANT POLICIES" }, "rule": { "number": "§2.114", "label": "Funding Decisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216958", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The agency staff will submit a recommended priority-ranked list of applicants for possible funding. Final approval of a grant award will be made by the commission in an open meeting.(b) Applications for grant funding will be evaluated only upon the information provided in the written application, including attachments, if any.(c) The agency staff may negotiate with selected applicants to determine the terms of the award. To receive an award, the applicant must accept any additional or special terms and conditions listed in the grant contract and any changes in the grant application.(d) The agency staff will notify unsuccessful applicants in writing.(e) The agency has the right to reject applications or cancel or modify a grant solicitation at any point before a contract is signed. The award of any grant is subject to the availability of funds.", "sourceNote": "Source Note: The provisions of this §2.114 adopted to be effective March 5, 2007, 32 TexReg 1068; amended to be effective March 12, 2024, 49 TexReg 1458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216958", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "C", "label": "GRANT POLICIES" }, "rule": { "number": "§2.115", "label": "Grant Recommendation and Award Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201916", "queryAsDate": "03/11/2026" }, "ruleBody": "To be considered eligible for funding, any application must receive a minimum adjusted mean score of more than 60 percent of the maximum points available. However, eligibility does not guarantee funding. The commission may also choose to award extra points to libraries that have not received funding within a specified time frame to be determined by the agency or that have limited resources. To reduce the impact of scores that are exceedingly high or low, or otherwise outside the range of scores from other reviewers, agency staff will tabulate the panel's work using calculations such as an adjusted mean score.(1) Applications will be ranked in priority order by score for consideration by the commission.(2) If insufficient funds remain to fully fund the next application, the staff may negotiate a reduced grant with the next ranked applicant.(3) If the panel recommends funding an application that, for legal, fiscal, or other reasons, is unacceptable to the staff, a contrary recommendation will be made. The applicant will be informed of this situation prior to presentation to the commission and may negotiate a revision to the application. A positive recommendation to the commission will be contingent upon successfully completing these negotiations prior to the commission meeting.(4) If the panel is unable to produce a set of recommendations for funding, the agency staff will use the same evaluation procedures to develop recommendations to the commission.", "sourceNote": "Source Note: The provisions of this §2.115 adopted to be effective March 12, 2024, 49 TexReg 1458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201916", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "C", "label": "GRANT POLICIES" }, "rule": { "number": "§2.119", "label": "Multiple Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216959", "queryAsDate": "03/11/2026" }, "ruleBody": "Applicants for competitive grants may submit more than one grant application in the same grant cycle only if:(1) the applications are for different projects in different grant programs and the applications are not the same, or nearly the same; or(2) the grant program has specified separate categories for application and the proposals submitted are not the same, or nearly the same, project.", "sourceNote": "Source Note: The provisions of this §2.119 adopted to be effective March 5, 2007, 32 TexReg 1068; amended to be effective February 2, 2014, 39 TexReg 399; amended to be effective December 2, 2020, 45 TexRg 8515." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216959&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216959", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "C", "label": "GRANT POLICIES" }, "rule": { "number": "§2.120", "label": "Applicant Eligibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165771&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165771", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each notice of funding opportunity for a specific grant program will identify one or more of the following Texas entities as an eligible applicant:(1) public libraries;(2) TexShare Library Consortium member institutions; or(3) nonprofit organizations.(b) A public library is eligible for a grant program if it is accredited under Subchapter C of Chapter 1 of this Title (relating to Minimum Standards for Accreditation of Libraries in the State Library System).(c) A nonprofit organization is eligible if it is applying on behalf of accredited public libraries as defined by this section or TexShare member institutions, and the nonprofit organization's organizational charter, operating guidelines, or mission statement includes providing direct support for activities and goals of one or more public libraries or TexShare member institutions as a defined objective.", "sourceNote": "Source Note: The provisions of this §2.120 adopted to be effective December 2, 2020, 45 TexRg 8515; amended to be effective March 12, 2024, 49 TexReg 1458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165771&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165771", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "C", "label": "GRANT POLICIES" }, "rule": { "number": "§2.310", "label": "Goals and Purposes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "150941", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This grant provides funds for programs that establish or enhance cooperative services among libraries that are members of the TexShare Library Consortium or the Texas Library System, or these libraries and community organizations. Programs must emphasize improved services by the participating entities to their customers and be designed as a multi-year cooperative program. The purpose is not for collection development, or other activities primarily focused on the acquisition of library materials or resources.(b) Programs may be in the following categories:(1) Expand services for learning and access to information and educational resources in a variety of formats;(2) develop library services that provide all users access to information through local, state, regional, national, and international electronic networks;(3) provide electronic and other linkages between and among all types of libraries; or(4) develop public and private partnerships with other agencies and community-based organizations.", "sourceNote": "Source Note: The provisions of this §2.310 adopted to be effective March 5, 2007, 32 TexReg 1068; amended to be effective May 3, 2009, 34 TexReg 2601; amended to be effective February 2, 2014, 39 TexReg 399." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "150941", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "C", "label": "GRANT POLICIES" }, "rule": { "number": "§2.311", "label": "Eligible Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140393&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "140393", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Through their governing authority, major resource library systems, regional library systems, and libraries that are members of the TexShare Library Consortium or Texas Library System are eligible to apply for funds. These funds are awarded to major resource or regional library systems, TexShare member libraries or Texas Library System members but may be used with all types of libraries as specified in the grant guidelines and application. Applicants must be members of the TexShare Library Consortium or the Texas Library System at the time of application and for the period of grant funding. Non-profit organizations may be awarded funds for projects that involve a number of TexShare or Texas Library System member libraries, as well as other types of libraries or organizations. Public school libraries that are not members of the Texas Library System may participate as partners in grants led by eligible entities.(b) Successful applicants are eligible to apply for grant funds for the two years following the initial grant year. The second and third application will be evaluated with the same criteria as new applications. No applicant will be eligible for a fourth year of funding for the same project.", "sourceNote": "Source Note: The provisions of this §2.311 adopted to be effective March 5, 2007, 32 TexReg 1068; amended to be effective March 9, 2011, 36 TexReg 1490." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140393&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "140393", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "C", "label": "GRANT POLICIES" }, "rule": { "number": "§2.312", "label": "Criteria for Award" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140394&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "140394", "queryAsDate": "03/11/2026" }, "ruleBody": "Proposals will be scored by peer reviewers on eight criteria. The maximum points for each criterion is shown. Those projects which initiate or expand the sharing of library materials using a shared library automation system may receive up to 4 additional points, based on the merits of the proposal. If the project is to implement or expand a shared library automation system, that system must implement a proven and widely accepted resource sharing technology such as a Z39.50 server, or a \"Search and Retrieval by URL\" (SRU) server.(1) Needs assessment. (15 points) Applicants describe why the program is needed, the program goals and audience. They describe the greater community to be served. They include demographic statistics, library records, or surveys to support these statements. They attach letters of cooperation showing commitment to the project from agencies to be involved.(2) Program design. (20 points) Applicants thoroughly describe services, programs, activities; describe the location where they will be offered; and explain how these services will attract shared library users. Collaborative projects have priority and inclusion of relevant community organizations is encouraged.(3) Project impact. (15 points) Applicants describe the impact their project will have on library services and users locally, as well as regionally or statewide. This may include how the proposed project is a model program that would benefit other communities.(4) Personnel. (5 points) Applicants identify who will administer the funds and which positions will provide the services. List how much time will be spent in each position on assigned duties. List how the qualifications of each person relate to their job duties. Full job descriptions are required for new hires.(5) Timetable. (5 points) Applicants present a timetable for project activities within the fiscal year (i.e., a list of actions with a date by which they will be accomplished); provide verification that facilities will be available, equipment and materials delivered; and explain how the staff will be hired and trained in time to carry out the services as planned.(6) Evaluation. (10 points) Applicants set achievable, measurable outcomes, and present a reasonable method to collect data. Applicants present a method to count users of the services as well as the effectiveness of the service.(7) Budget. (20 points) Applicants provide a complete budget for the proposed project and fully justify the budget by describing how budgeted items will contribute to the project; identify a source for the stated costs (e.g., city pay classification for staff, catalog or city/county bid list for equipment); the costs are reasonable to achieve project objectives. If new staff are to be employed, applicants take into account the time for a realistic hiring process to occur.(8) Sustainability. (10 points) Applicants describe the resources that will be used to support the services developed through the grant in the future. A written commitment of future support from governing bodies is desirable, but not required.", "sourceNote": "Source Note: The provisions of this §2.312 adopted to be effective March 5, 2007, 32 TexReg 1068; amended to be effective May 3, 2009, 34 TexReg 2601." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140394&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "140394", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "C", "label": "GRANT POLICIES" }, "rule": { "number": "§2.410", "label": "Goals and Purposes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "150942", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This grant program expands library services to all members of the library's community. It enables libraries to develop programs for populations with special needs. Programs involving collaboration are encouraged. Programs must emphasize improved services by the library to its customers. The purpose is not for collection development, or other activities primarily focused on the acquisition of library materials or resources.(b) Programs may be in one of the following categories:(1) Target library services to individuals of diverse geographic, cultural, and socioeconomic backgrounds, to individuals with disabilities, and to individuals with limited functional literacy or information skills.(2) Target library and information services to persons having difficulty using a library and to underserved urban and rural communities, including children from families with incomes below the poverty line.", "sourceNote": "Source Note: The provisions of this §2.410 adopted to be effective March 5, 2007, 32 TexReg 1068; amended to be effective May 3, 2009, 34 TexReg 2601." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=150942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "150942", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "C", "label": "GRANT POLICIES" }, "rule": { "number": "§2.411", "label": "Eligible Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "140395", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Through their governing authority, major resource library systems, regional library systems, and libraries that are members of the TexShare Library Consortium or Texas Library System are eligible to apply for funds. These funds are awarded to major resource or regional library systems, TexShare member libraries or Texas Library System members but may be used with all types of libraries as specified in the grant guidelines and application. Applicants must be members of the TexShare Library Consortium or the Texas Library System at the time of application and for the period of grant funding. Non-profit organizations may be awarded funds for projects that involve a number of TexShare or Texas Library System member libraries, as well as other types of libraries or organizations. Public school libraries that are not members of the Texas Library System may participate as partners in grants led by eligible entities.(b) Successful applicants are eligible to apply for grant funds for the two years following the initial grant year. The second and third application will be evaluated with the same criteria as new applications. No applicant will be eligible for a fourth year of funding for the same project.", "sourceNote": "Source Note: The provisions of this §2.411 adopted to be effective March 5, 2007, 32 TexReg 1068; amended to be effective March 9, 2011, 36 TexReg 1491." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140395&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "140395", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "C", "label": "GRANT POLICIES" }, "rule": { "number": "§2.412", "label": "Criteria for Award" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129350&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129350", "queryAsDate": "03/11/2026" }, "ruleBody": "Proposals will be scored by peer reviewers on eight criteria. The maximum points for each criterion is shown.(1) Needs assessment. (15 points) Applicants describe why the program is needed, the program goals and audience. They describe the greater community to be served. They include demographic statistics, library records, or surveys to support these statements. They attach letters of cooperation showing commitment to the project from agencies to be involved.(2) Program design. (20 points) Applicants thoroughly describe services, programs, activities; describe the location where they will be offered; and explain how these services will attract shared library users. Collaborative projects have priority and inclusion of relevant community organizations is encouraged.(3) Project impact. (15 points) Applicants describe the impact their project will have on library services and users locally, as well as regionally or statewide. This may include how the proposed project is a model program that would benefit other communities.(4) Personnel. (5 points) Applicants identify who will administer the funds and which positions will provide the services. List how much time will be spent in each position on assigned duties. List how the qualifications of each person relate to their job duties. Full job descriptions are required for new hires.(5) Timetable. (5 points) Applicants present a timetable for project activities within the fiscal year (i.e., a list of actions with a date by which they will be accomplished); provide verification that facilities will be available, equipment and materials delivered; and explain how the staff will be hired and trained in time to carry out the services as planned.(6) Evaluation. (10 points) Applicants set achievable, measurable outcomes, and present a reasonable method to collect data. Applicants present a method to count users of the services as well as the effectiveness of the service.(7) Budget. (20 points) Applicants provide a complete budget for the proposed project and fully justify the budget by describing how budgeted items will contribute to the project; identify a source for the stated costs (e.g., city pay classification for staff, catalog or city/county bid list for equipment); the costs are reasonable to achieve project objectives. If new staff are to be employed, applicants take into account the time for a realistic hiring process to occur.(8) Sustainability. (10 points) Applicants describe the resources that will be used to support the services developed through the grant in the future. A written commitment of future support from governing bodies is desirable, but not required.", "sourceNote": "Source Note: The provisions of this §2.412 adopted to be effective March 5, 2007, 32 TexReg 1068; amended to be effective May 3, 2009, 34 TexReg 2601." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129350&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129350", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "C", "label": "GRANT POLICIES" }, "rule": { "number": "§2.510", "label": "Goals and Purposes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129351&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129351", "queryAsDate": "03/11/2026" }, "ruleBody": "The TexTreasures grant program provides assistance and encouragement to libraries to provide access to their special or unique holdings and to make information about these holdings available to library users across the state. This grant program focuses on making unique library collections accessible for TexShare constituents. Applicants may propose projects designed to increase accessibility through a wide range of activities such as organizing, cataloging, indexing, or digitizing local materials.", "sourceNote": "Source Note: The provisions of this §2.510 adopted to be effective March 5, 2007, 32 TexReg 1068." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129351&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129351", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "C", "label": "GRANT POLICIES" }, "rule": { "number": "§2.511", "label": "Eligible Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165772&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165772", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Through their governing authority, libraries that are members of the TexShare Library Consortium, or non-profit organizations that are applying on behalf of TexShare members, are eligible to apply for funds. These funds are awarded to eligible applicants, but may be used with all types of libraries or with non-profit organizations that participate as partners in the grant project, as specified in the grant guidelines and application.(b) Successful applicants are eligible to apply for grant funds for the two years following the initial grant year. The second and third application will be evaluated with the same criteria as new applications. No applicant will be eligible for a fourth year of funding for the same project.", "sourceNote": "Source Note: The provisions of this §2.511 adopted to be effective March 5, 2007, 32 TexReg 1068." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165772&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165772", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "C", "label": "GRANT POLICIES" }, "rule": { "number": "§2.512", "label": "Criteria for Award" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129356", "queryAsDate": "03/11/2026" }, "ruleBody": "Proposals will be scored by peer reviewers on five criteria. The maximum number of points for each criterion is shown.(1) Significance of the collection (35 points). Will the materials be useful to users throughout the state? Does this project focus on materials about Texas? Will the project provide an \"advancement of knowledge,\" rather than cleaning up general backlogs?(2) Project Design (25 points). Is the project well defined? Will access to the collection be sustainable beyond the grant period? Does the project design reference commonly accepted standards and practices?(3) Availability (20 points). How will access to the collection be provided? Will bibliographic records be available through OCLC or the Internet? Will materials themselves be available through an Internet connection, through interlibrary loan, through reciprocal borrowing, or only on-site use? Will common interoperability standards be used?(4) Cost Effectiveness (15 points). How appropriate are the chosen hardware, software, staffing, and service providers for the project, given the cost of the project? Is the budget realistic? Does the project proposal make effective use of the grant funds?(5) Evaluation (5 points). How well has the applicant designed and described the methodology to evaluate the project and estimate the level of usage? Is the evaluation methodology appropriate and effective?", "sourceNote": "Source Note: The provisions of this §2.512 adopted to be effective March 5, 2007, 32 TexReg 1068; amended to be effective February 2, 2014, 39 TexReg 399." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129356", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "C", "label": "GRANT POLICIES" }, "rule": { "number": "§2.710", "label": "Goals and Purposes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165773", "queryAsDate": "03/11/2026" }, "ruleBody": "This grant funds public library programs to promote reading and literacy within local communities. Programs may be targeted to the entire community or to a segment of the community. Programs involving collaboration with other community organizations are encouraged. The agency may designate specific funding priorities for each grant cycle in response to identified needs. If this occurs, staff will provide details of funding priorities and scoring implications to applicants and to the peer review panel. The purpose is not for collection development, or other activities primarily focused on the acquisition of library materials or resources.", "sourceNote": "Source Note: The provisions of this §2.710 adopted to be effective March 5, 2007, 32 TexReg 1068." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165773&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165773", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "C", "label": "GRANT POLICIES" }, "rule": { "number": "§2.711", "label": "Eligible Applicants" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140398&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "140398", "queryAsDate": "03/11/2026" }, "ruleBody": "Public libraries and local public library systems, through their governing authority (city, county, corporation, or district) are eligible to apply for grants. To receive a grant, applicants must be members of the Texas Library System for the fiscal year the grant contracts are issued. Libraries or library systems will not be awarded more than one grant in a single grant cycle. Libraries or library systems will not be awarded a grant in two consecutive grant cycles for the same, or nearly the same, project.", "sourceNote": "Source Note: The provisions of this §2.711 adopted to be effective March 5, 2007, 32 TexReg 1068; amended to be effective February 2, 2014, 39 TexReg 400." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=140398&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "140398", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "2", "label": "GENERAL POLICIES AND PROCEDURES" }, "subchapter": { "number": "C", "label": "GRANT POLICIES" }, "rule": { "number": "§2.712", "label": "Criteria for Award" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215609&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215609", "queryAsDate": "03/11/2026" }, "ruleBody": "Proposals will be scored by peer reviewers on six criteria. The maximum points for each criterion is shown.(1) Needs Assessment (20 points). Describe why the program is needed in the community.(2) Program purpose (20 points). Describe the program goals, audience, outcomes, and relationship to the library long range plan or goals.(3) Program design (20 points). Provide a detailed description of the program and its activities.(4) Timetable (10 points). Provide a timetable of program activities.(5) Evaluation plan (10 points). Describe how the anticipated outcomes will be measured.(6) Budget (20 points). Provide a detailed budget and justify budgeted costs.", "sourceNote": "Source Note: The provisions of this §2.712 adopted to be effective March 5, 2007, 32 TexReg 1068; amended to be effective May 3, 2009, 34 TexReg 2601." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215609&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215609", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "3", "label": "STATE PUBLICATIONS DEPOSITORY PROGRAM" }, "rule": { "number": "§3.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215610&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215610", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Born digital publication--A state publication that originates in electronic format.(2) Commission--The Texas State Library and Archives Commission as an agency of the state of Texas, including the staff, collections, archives, operations, programs, and property of the Texas State Library and Archives Commission.(3) Complex relational database--A database comprised of multiple inter-related tables that is dynamically updated, that contains only minimal narrative text, and that cannot be accurately represented as a set of static HTML pages or a spreadsheet.(4) Depository library--A depository library as defined by Government Code, §441.101(2).(5) Director and Librarian--Chief executive and administrative officer of the Texas State Library and Archives Commission.(6) Electronic format--A form of recorded information that can be processed by a computer.(7) Online publication--A publication that is published on the Internet as a file or files.(8) Physical format--A transportable medium in which analog or digital information is published, such as print, microform, magnetic disk, or optical disk.(9) Publicly distributed--Provided to persons outside of the agency, in print or other physical medium, or by an Internet connection, or from a limited local area network on agency premises, or at another location on behalf of the agency. Information that is made accessible only through an authentication process, such as a username and password, or upon request via open records laws, is not deemed publicly distributed.(10) Removable electronic media--Devices used to store and transfer electronic information.(11) Site map--An HTML page providing links to all materials available to the public on a Web site. A site map can provide links to sections or categories within a Web site rather than to each individual document if all documents within each section are inter-linked.(12) State agency--A state agency as defined by Government Code, §441.101(3).(13) State publication--A state publication as defined by Government Code, §441.101(4).(14) State Publications Depository Program--A program of the Texas State Library and Archives Commission designed to collect, preserve, and distribute state publications, and promote their use by the citizens of Texas and the United States.(15) Substantive change--A modification of a state publication in any format that represents a fundamental alteration in the information content of a publication. Examples of a substantive change include but are not limited to:(A) changes to publicly distributed agency information based on the installation of new leadership in a state agency;(B) amendments to agency policies (such as reversals of former policies; expansions of authority via statutory means, rule-making authority, or judicial process; or clarifications of existing policies);(C) provision of new information, such as information reports; and(D) revisions to previously issued information, such as documents describing the financial status, providing statistical data, or reporting on matters within the agency's area of authority.(16) Texas Digital Archive--The digital repository maintained and operated by the Texas State Library and Archives Commission for the preservation of and access to permanently valuable copies of archival state records, reports, and publications.(17) Transitory or inconsequential change--A modification of a state publication in any format that represents a minor alteration of the publication and does not alter the essential content of the original publication. A transitory or inconsequential change includes but is not limited to correction of misspellings or typographical errors and the alteration of an online publication due to the expiration of textual information that is linked to time-dependent publications (such as press releases or announcements regarding the activities of an agency's programs).", "sourceNote": "Source Note: The provisions of this §3.1 adopted to be effective November 18, 2015, 40 TexReg 8021; amended to be effective March 17, 2019, 44 TexReg 1305; amended to be effective November 29, 2023, 48 TexReg 6900." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215610&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215610", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "3", "label": "STATE PUBLICATIONS DEPOSITORY PROGRAM" }, "rule": { "number": "§3.2", "label": "Standard Requirements for State Publications in All Formats" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215611", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) State agencies are required to furnish copies of state publications in physical format to the commission or provide the commission online access to state publications. A state agency is not required to furnish copies of or provide online access to state publications that are exempt from the State Publications Depository Program under §3.5 of this title (relating to Standard Exemptions for State Publications in All Formats) or §3.6 of this title (relating to Special Exemptions)(b) When a state publication is distributed to the public in multiple formats, state agencies are required to provide access to or copies of that publication to the commission in all formats in which the publication is publicly distributed. State agencies are not required to provide copies to the commission of publications on removable electronic media if the state publications are made available to the commission under §3.3(e) of this title or other electronic submission agreed to by both agencies.(c) When a state publication changes frequently, as in the case of an online publication that announces time-dependent information, state agencies are required to determine whether the alteration in the publication represents a substantive change or a transitory or inconsequential change. If the modification is a substantive change, the original version and the new version must be treated as separate publications and managed in accordance with §3.3 of this title (relating to Standard Deposit and Reporting Requirements for State Publications in All Formats). If the modification is a transitory or inconsequential change, the two versions are not deemed to be separate publications.(d) Submission of publications to the depository program does not fulfill a state agency's records retention requirements for those publications.", "sourceNote": "Source Note: The provisions of this §3.2 adopted to be effective November 18, 2015, 40 TexReg 8021; amended to be effective March 17, 2019, 44 TexReg 1305; amended to be effective November 29, 2023, 48 TexReg 6900." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215611&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215611", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "3", "label": "STATE PUBLICATIONS DEPOSITORY PROGRAM" }, "rule": { "number": "§3.3", "label": "Standard Deposit and Reporting Requirements for State Publications in All Formats" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214857", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) State publications in physical format. State agencies must deposit four copies of state publications in physical format to the State Publications Depository Program except as follows:(1) State agencies must deposit three copies of the following state publications:(A) Annual financial reports; and(B) Annual operating budgets.(2) State agencies must deposit two copies of the following state publications:(A) Requests for legislative appropriations;(B) Quarterly and annual reports of measures; and(C) State or strategic plans (for agency services, programs within its jurisdiction).(b) State publications in electronic format. The number and method of submission of state publications in electronic format differs depending on whether the electronic state publication is available online and specific instructions that may apply to the preparation and distribution of the publication. Unless specific instructions require otherwise:(1) If a state publication is available online, a state agency shall provide the commission online access to the publication. The state agency is not required to submit an electronic copy of the state publication on removable electronic storage media. If also available in print, the URL for the online publication must be included on the cover or title page of the printed publication submitted in accordance with subsection (a) of this section;(2) If a state publication is not available online, the state agency must submit one copy of each state publication on removable electronic storage media or other method approved by the Director and Librarian. Files must be formatted in a readily accessible format or other file type accessible via software provided to the commission or that is in the public domain. If the file is compressed, it must be compressed using lossless compression techniques.(c) Minimum requirements for electronic submissions. All submissions of state publications in electronic format for the State Publications Depository Program must:(1) Consist of an Adobe Portable Document File (PDF) or other secure file type accepted at the determination of the Director and Librarian;(2) Include a publication reporting form;(3) Be submitted by the designated state agency publications liaison(s); and(4) Include the following descriptive information at a minimum:(A) a title tag;(B) an author meta tag that includes the name of the state agency responsible for creating the state publication;(C) a description meta tag that includes a narrative description of the publication; and(D) a keyword or subject meta tag that includes selected terms from within the publication.(d) Publication reporting form. A state agency must include a completed publication reporting form with each submission of a publication in either print or electronic format. If a state publication is made available to the commission online in compliance with subsection (b)(1) of this section, the state agency must provide a completed publication reporting form to the commission when the agency notifies the commission that the publication is available.(e) The Texas Records and Information Locator (TRAIL). TRAIL provides access to state publications that are made available to the public by state agencies online. A state agency is not required to submit copies of its state agency websites to the commission for the State Publications Depository Program. State agencies should ensure their websites adhere to the following minimum technical requirements to enable the commission to harvest the website through TRAIL:(1) Guaranteed access, at no charge, to the state agency's online state publications. If a \"robots.txt\" file is used to prevent harvesting of a State Agency website, then that file must include an exception for TSLAC's designated harvesting system;(2) State publications must be accessible:(A) by anonymous File Transfer Protocol (FTP), Hyper Text Transfer Protocol (HTTP) or other electronic means as defined in Internet standards documents of the Internet Engineering Steering Group, Internet Architecture Board, and Internet community; and(B) by following a link or series of links from the Agency's primary URL. For publications accessible only by database searching or similar means, an alternative path such as a hidden link to a comprehensive site map must be provided except as exempted in §3.5 of this title (relating to Standard Exemptions for State Publications in All Formats); or(C) on alternative electronic formats and interfaces consistent with requirements of the Americans with Disabilities Act of 1990 and as amended.(3) Each original state publication and subsequent versions as described in §3.2(c) of this title (relating to Standard Requirements for State Publications in All Formats) must remain available on the agency website for a minimum of nine months to ensure that the publication has been collected by the commission and made available in TRAIL. Agencies may confirm that a version of an online publication has been added to the TRAIL archive by searching at www.tsl.texas.gov/trail/index.html.", "sourceNote": "Source Note: The provisions of this §3.3 adopted to be effective November 29, 2023, 48 TexReg 6900." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214857", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "3", "label": "STATE PUBLICATIONS DEPOSITORY PROGRAM" }, "rule": { "number": "§3.5", "label": "Standard Exemptions for State Publications in All Formats" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214858&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214858", "queryAsDate": "03/11/2026" }, "ruleBody": "The following publications are exempt from the State Publications Depository Program and shall not be provided to the commission:(1) agendas;(2) advertisements;(3) alumni materials;(4) announcements;(5) artwork (graphical representations without textual information);(6) calendars;(7) codes (as compendia);(8) complex relational databases;(9) contracts;(10) correspondence;(11) course schedules and materials;(12) curriculum catalogs (departmental only);(13) drafts of plans, reports;(14) fiction;(15) forms and instruction manuals for their completion;(16) fund raising materials;(17) grant proposals, bids;(18) hearings (transcripts of);(19) job listings;(20) laws (as compendia);(21) literary criticisms;(22) memorabilia;(23) memoranda (including e-mail);(24) news or press releases;(25) newsletters and subscriber lists meant only for employee, faculty or student use;(26) non-fiction university press publications not aligned with the commission's collection development policy;(27) notices of sale;(28) opinions and orders issued by state courts;(29) daily or weekly periodicals (that are summarized in monthly or quarterly publications);(30) personnel manuals;(31) photographs;(32) poetry;(33) policy handbooks intended only for internal use;(34) programs (announcements of events, training sessions);(35) recruitment materials;(36) reprints (reissued without change);(37) rules and regulations after 1976 (as compendia);(38) standards (as compendia);(39) stationery;(40) student publications (those produced by students);(41) telephone directories meant only for employee, faculty, or student use;(42) training materials;(43) unedited compilations of data or information submitted via forms or other means from individuals or entities under the regulation of a state agency; and(44) volunteer newsletters.", "sourceNote": "Source Note: The provisions of this §3.5 adopted to be effective November 18, 2015, 40 TexReg 8021; amended to be effective August 29, 2023, 48 TexReg 4638." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214858&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214858", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "3", "label": "STATE PUBLICATIONS DEPOSITORY PROGRAM" }, "rule": { "number": "§3.6", "label": "Special Exemptions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215612&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215612", "queryAsDate": "03/11/2026" }, "ruleBody": "Upon written application, the Director and Librarian may exempt other state publications and information formats not listed in §3.5 of this title (relating to Standard Exemptions for State Publications in All Formats) from deposit requirements.", "sourceNote": "Source Note: The provisions of this §3.6 adopted to be effective November 18, 2015, 40 TexReg 8021; amended to be effective August 29, 2023, 48 TexReg 4638." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215612&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215612", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "3", "label": "STATE PUBLICATIONS DEPOSITORY PROGRAM" }, "rule": { "number": "§3.7", "label": "State Publications Contact Person" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174428", "queryAsDate": "03/11/2026" }, "ruleBody": "Each state agency must provide notice to the commission in writing of one person to act as liaison with the State Publications Depository Program for state publications in physical formats and one person to act as liaison with the State Publications Depository Program for online or electronic publications. An agency may designate the same person to fulfill the liaison duties for both types of publications. Agencies may request in writing to designate additional liaisons in cases where the size and complexity of the agency's publishing activities merit additional coverage. A liaison's duties include:(1) Depositing all state publications within the scope of their designated responsibility;(2) Providing information to the commission and coordinating with commission staff to resolve problems regarding publications;(3) Maintaining records of the agency's state publications;(4) Negotiating exemptions from deposit requirements;(5) Maintaining and submitting publication reporting forms; and(6) Identifying and depositing historical publications that may be discovered in the regular course of business that should have been furnished to the commission for inclusion in the State Publications Depository Program but were not.", "sourceNote": "Source Note: The provisions of this §3.7 adopted to be effective November 18, 2015, 40 TexReg 8021; amended to be effective November 29, 2023, 48 TexReg 6900." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174428", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "3", "label": "STATE PUBLICATIONS DEPOSITORY PROGRAM" }, "rule": { "number": "§3.8", "label": "Designation and Termination of Depository Library Status for State Publications in Physical Formats" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=188965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "188965", "queryAsDate": "03/11/2026" }, "ruleBody": "The Director and Librarian has designated Texas Tech University and University of North Texas as depository libraries for state publications in physical formats. Replacement designations may be made by the Director and Librarian.", "sourceNote": "Source Note: The provisions of this §3.8 adopted to be effective November 18, 2015, 40 TexReg 8021." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=188965&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "188965", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "4", "label": "SCHOOL LIBRARY PROGRAMS" }, "subchapter": { "number": "A", "label": "STANDARDS AND GUIDELINES" }, "rule": { "number": "§4.1", "label": "School Library Programs: Standards and Guidelines for Texas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227715&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227715", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The School Library Programs: Standards and Guidelines for Texas, which are available at https://www.tsl.texas.gov/node/66176 and provided in this subsection are adopted by the Texas State Library and Archives Commission. The Standards and Guidelines are based on the work and recommendations of an advisory committee formed to review and update the current Standards and Guidelines.Attached Graphic(b) The School Library Programs: Standards and Guidelines for Texas are applicable to local Texas school districts (Independent, consolidated, common, or municipal districts and charter schools accredited by the Texas Education Agency as provided by TEC Chapter 11 Subchapter D, Chapter 39). (c) The School Library Programs: Standards and Guidelines for Texas, describe six common beliefs for school library programs: Information Literacy, Inquiry, Reading, Digital Learning, Safe and Nurturing Environment, Leadership, and an Appendix. The Standards and Guidelines describe five levels of achievement; Distinguished, Accomplished, Proficient, Developing, and Improvement Needed.", "sourceNote": "Source Note: The provisions of this §4.1 adopted to be effective June 14, 2004, 29 TexReg 5781; amended to be effective June 20, 2005, 30 TexReg 3578; amended to be effective March 8, 2018, 43 TexReg 1431." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227715&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227715", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "4", "label": "SCHOOL LIBRARY PROGRAMS" }, "subchapter": { "number": "A", "label": "STANDARDS AND GUIDELINES" }, "rule": { "number": "§4.2", "label": "School Library Programs: Collection Development Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200741&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200741", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each Texas public school district board or governing body must approve and institute a collection development policy that describes the processes and standards by which a school library acquires, maintains, and withdraws library materials as defined by Education Code, §33.020(3).(b) A school library collection should include materials that are age appropriate and suitable to the campus and students it serves and include a range of materials. A school library collection should:(1) Enrich and support the Texas Essential Knowledge and Skills (TEKS) and curriculum established by Education Code, §28.002 (relating to Required Curriculum), while taking into consideration students' varied interests, maturity levels, abilities, and learning styles;(2) Foster growth in factual knowledge, literary appreciation, aesthetic values, and societal standards;(3) Encourage the enjoyment of reading, foster high-level thinking skills, support personal learning, and encourage discussion based on rational analysis; and(4) Represent the ethnic, religious, and cultural groups of the state and their contribution to Texas, the nation, and the world.(c) A school library collection development policy must:(1) Describe the purpose and collection development goals;(2) Designate the responsibility for collection development; (3) Establish procedures for the evaluation, selection, acquisition, reconsideration, and deselection of materials;(4) Consider the distinct age groups, grade levels, and possible access to materials by all students within a campus;(5) Include a process to determine and administer student access to material rated by library material vendors as \"sexually relevant\" as defined by Education Code, §35.001 consistent with any policies adopted by the Texas Education Agency and local school board requirements;(6) Include an access plan that, at a minimum, allows efficient parental access to the school district's physical library catalog and online library catalog; and(7) Comply with all applicable local, state, and federal laws and regulations. Specifically, a collection development policy must:(A) Recognize that parents are the primary decision makers regarding their student's access to library material;(B) Prohibit the possession, acquisition, and purchase of: (i) harmful material, as defined by Education Code, §33.020(1); (ii) library material rated sexually explicit material by the selling library material vendor under Education Code, §35.002; (iii) library material that is pervasively vulgar or educationally unsuitable as referenced in Board of Education v. Pico, 457 U.S. 853 (1982); (iv) library material containing indecent content as defined by Education Code, §33.020(2) or profane content as defined by Education Code, §33.020(4); (v) or library material that refers a person to an Internet website containing content prohibited under this subsection, including by use of a link or QR code, as defined by Health and Safety Code, §443.001;(C) Recognize that obscene content is not protected by the First Amendment to the United States Constitution;(D) Be required for all library materials available for use or display, including material contained in school libraries, classroom libraries, online catalogs, library mobile applications, and any other library catalog a student may access;(E) Ensure schools provide library catalog transparency, including, but not limited to:(i) Online catalogs that are publicly available; and(ii) Information about titles and how and where material can be accessed;(F) Recommend schools communicate effectively with parents regarding collection development, including, but not limited to:(i) Access to district/campus policies relating to school libraries;(ii) Consistent access to library resources; and(iii) Opportunities for students, parents, educators, and community members to provide feedback on library materials and services;(G) Prohibit the removal of material based solely on the ideas contained in the material or the personal background of the author of the material or characters in the material; and(H) Demonstrates a commitment to compliance with the Children's Internet Protection Act (Pub. L. No. 106-554), including through the use of technology protection measures, as defined by that Act.(d) Evaluation of materials as referenced in this section includes a consideration of the factors described in subsection (b) of this section, consideration of local priorities and school district standards, including recommendations of a local school library advisory council if the district has established one under Education Code, §33.025, and at least two of the following:(1) Consideration of recommendations from parents, guardians, and local community members;(2) Consultation with the school district's educators and library staff and/or consultation with library staff of similarly situated school districts and their collections and collection development policies;(3) An extensive review of the text of item;(4) The context of a work, including consideration of the contextual characteristics, overall fit within existing school library collection, and potential support of the school curriculum; or(5) Consideration of authoritative reviews of the items from sources such as professional journals in library science, recognized professional education or content journals with book reviews, national and state award recognition lists, library science field experts, and highly acclaimed author and literacy expert recommendations.(e) A reconsideration process as referenced in this section should ensure that any parent or person standing in parental relation to a student enrolled in the school district, a person employed by the district, or a person residing in the district may request the reconsideration of a specific item in their school district's library catalog. A reconsideration process should:(1) Establish a uniform procedure an individual must follow when filing a request;(2) Require a school district to include a form adopted by the Texas Education Agency to request a reconsideration of an item on the school's public internet website if the school has a public internet website or ensure the form is publicly available at a school district administrative office;(3) Require that the completed form be distributed to the superintendent or superintendent designee, school librarian, school district board of trustees or governing body at the time of submission;(4) Include a reasonable timeframe, approved by the school board, for the review and recommendation by a committee charged with the review of the item in its entirety. A district should convene a review committee in accordance with criteria established by the district to ensure a thorough and fair process. A reasonable timeframe should take no longer than 90 days after the date the request for reconsideration is received and take into account:(A) The time necessary to convene a committee to meet and review the item;(B) Flexibility that may be necessary depending on the number of pending reconsideration requests; and(C) Other factors relevant to a fair and consistent process, including informing the requester on the progress of the review in a timely fashion;(5) Prohibit students enrolled in the district from accessing the material until the district takes action in response to the request for reconsideration;(6) Include a review and appeal process approved by the school district board of trustees or governing body; and(7) Provide that if an item has gone through the reconsideration process and remains in the collection, a school district may not be required to reconsider an item within two calendar years of the final decision.(f) School districts should ensure a professional librarian certified by the State Board for Educator Certification or other dedicated professional library staff trained on proper collection development standards is responsible for the selection and acquisition of library materials.(g) A school district must develop collection assessment and evaluation procedures to periodically appraise the quality of library materials in the school library to ensure the library's goals, objectives, and information needs are serving its school community and should stipulate the means to weed or update the collection.(h) A school district's collection development policy should be reviewed at least every three years and updated as necessary.(i) School districts may add procedures to these minimum requirements to satisfy local needs so long as the added procedures do not conflict with these minimum requirements.(j) School districts are responsible for ensuring their school libraries implement and adhere to these collection development standards.", "sourceNote": "Source Note: The provisions of this §4.2 adopted to be effective\r\nJanuary 3, 2024, 48 TexReg 8348; amended to be effective March 10,\r\n2026, 51 TexReg 1376." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200741&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200741", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "A", "label": "RECORDS RETENTION SCHEDULING" }, "rule": { "number": "§6.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119505&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119505", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in these sections shall have the meanings defined in Government Code, §441.180.(1) Agency head--The appointed or elected official who serves by the state constitution, state statute, or action of the governing body of a state agency as the chief executive and administrative officer of a state agency.(2) Archival state record--Any state record of enduring value that will be preserved on a continuing basis by the commission or another state agency until the state archivist indicates that based on a reappraisal of the record it no longer merits further retention.(3) Certification--The process, inclusive of recertification, by which a records retention schedule or amendments to a schedule are approved for use by a state agency during a certification period.(4) Certification period--The period of time during which a records retention schedule, including certified amendments to the schedule, may be used by a state agency in the final disposition of state records without additional authorization from the director and librarian.(5) Commission--The Texas State Library and Archives Commission.(6) Component--A division, department, program, or other sub-division of a state agency.(7) Confidential state record--Any state record to which public access is denied under Government Code, Chapter 552, or other state or federal law.(8) Decertification--The process by which an approved records retention schedule of a state agency is disapproved because of failure of the state agency to adhere to the requirements of Government Code, Chapter 441, Subchapter L, and these rules adopted under that subchapter.(9) Director and librarian--The chief executive and administrative officer of the Texas State Library and Archives Commission.(10) Final disposition--Final processing of state records by either destruction or archival preservation by the commission, by a state agency, or by an alternate archival institution as permitted by Government Code, Chapter 441, Subchapter L.(11) Records management officer--The agency head or the person appointed by the agency head to act as the state agency's representative in all issues of records management policy, responsibility, and statutory compliance pursuant to Government Code, §441.184.(12) Records retention schedule--A document prepared in accordance with §6.2 of this title (relating to Submission of Records Retention Schedules for Certification).(13) Records series--A group of identical or related records that are normally used and/or filed together, and that permit evaluation as a group for retention scheduling purposes.(14) Retention period--The period of time during which state records must be maintained before final disposition.(15) State agency--Any department, commission, board, office, or other agency in the executive, legislative, or judicial branch of state government created by the constitution or a statute of this state, including an eleemosynary institution; any university system and its components and any institution of higher education as defined by §61.003, Education Code, except a public junior college, not governed by a university system board; the Texas Municipal Retirement System and the Texas County and District Retirement System; and any public non-profit corporation created by the legislature whose responsibilities and authority are not limited to a geographical area less than that of the state.(16) State archivist--The person designated by the director and librarian to administer the state archives program under Government Code, §441.181.(17) State record--Any written, photographic, machine-readable, or other recorded information created or received by or on behalf of a state agency or an elected state official that documents activities in the conduct of state business or use of public resources. The term does not include library or museum material made or acquired and preserved solely for reference or exhibition purposes; an extra copy of recorded information preserved only for reference; a stock of publications or blank forms; or any records, correspondence, notes, memoranda, or other documents, other than a final written agreement described by §2009.054(c), associated with a matter conducted under an alternative dispute resolution procedure in which personnel of a state department or institution, local government, special district, or other political subdivision of the state participated as a party, facilitated as an impartial third party, or facilitated as the administrator of a dispute resolution system or organization.(18) State records administrator--The person designated by the director and librarian to administer the state records management program under Government Code, §441.182.(19) Texas State Records Retention Schedule--Figure 13 TAC §6.10(a) of this title (relating to Texas State Records Retention Schedule).(20) Texas State University Records Retention Schedule--Figure 13 TAC §6.10(b) of this title (relating to Texas State University Records Retention Schedule).(21) Vital state record--Any state record necessary to the resumption or continuation of state agency operations in an emergency or disaster; the re-creation of the legal and financial status of the agency; or the protection and fulfillment of obligations to the people of the state.", "sourceNote": "Source Note: The provisions of this §6.1 adopted to be effective October 24, 1994, 19 TexReg 8108; amended to be effective September 2, 1999, 24 TexReg 6727; amended to be effective November 28, 1999, 24 TexReg 10320; amended to be effective August 30, 2020, 45 TexReg 5906." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119505&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119505", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "A", "label": "RECORDS RETENTION SCHEDULING" }, "rule": { "number": "§6.2", "label": "Submission of Records Retention Schedules for Certification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168342&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "168342", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A state agency, if it does not have a certified schedule, must submit a records retention schedule to the state records administrator for initial certification within one year of the effective date of this section or within one year of the effective date of establishment of a new state agency, whichever later.(b) For the purposes of this section, a state agency is considered a new state agency or component if through legislative action subsequent to the adoption of this section, it:(1) is created to carry out a new function or activity;(2) is the product of a merger between two or more state agencies or components;(3) is a component or components separated from a state agency or agencies and designated as an independent state agency; or(4) becomes a state agency by amendment to the definition of a state agency in Government Code, §441.180.(c) At the discretion of the state records administrator and on petition from the records management officer that it will be impossible for the state agency to comply fully with the requirements of subsection (a) of this section, the state records administrator may extend the deadline for the filing of a records retention schedule for a period on which the state records administrator and the records management officer agree. One or more additional extensions may be granted, but in no case may the first extension and any additional extensions be for a combined period of more than two years from the effective date of this section or of the establishment of a new agency.(d) At the discretion of the state records administrator and on petition from the records management officer, the state records administrator may permit the state agency to submit records retention schedules on a component by component basis for certification in lieu of a single submission. The petition must state the reason why the state agency believes this alternative method of submission is in the best interests of its records management program and must provide an estimated timetable for the submission of schedules for the other components of the state agency. Schedules submitted and certified under this alternative method may be combined by the state records administrator for the purposes of recertification under §6.3 of this title (relating to Submission of Records Retention Schedules for Recertification), with submission for recertification of the combined schedule due on the applicable anniversary date of the first schedule submitted and certified.(e) For the purposes of this section, a new state agency is considered established on the effective date the first agency head assumes the position of the elected or appointed chief executive and administrative officer of the state agency.", "sourceNote": "Source Note: The provisions of this §6.2 adopted to be effective October 24, 1994, 19 TexReg 8108; amended to be effective June 12, 1995, 20 TexReg 3983; amended to be effective September 2, 1999, 24 TexReg 6727; amended to be effective June 1, 2005, 30 TexReg 1766." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168342&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "168342", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "A", "label": "RECORDS RETENTION SCHEDULING" }, "rule": { "number": "§6.3", "label": "Submission of Records Retention Schedules for Recertification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "168340", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) After initial certification, a records retention schedule must be submitted to the state records administrator for recertification one year from the date of certification or recertification for the first two recertification periods.(b) After the second recertification, a records retention schedule must be submitted for recertification every five years from the date of the last recertification, except for the following situations.(1) If a state agency with a certified schedule absorbs another state agency, the records retention schedule must be submitted for recertification within one year of the effective date of the reorganization, and then will revert, when the schedule is recertified, to annual or quinquennial certification depending on the certification status of the absorbing agency under this section at the time of absorption.(2) A state agency may choose to submit a complete retention schedule for recertification at any time during a certification period.(c) If a state agency with a certified schedule absorbs another state agency with a certified schedule, the records management officer of the absorbing agency may use the certified schedule of the absorbed agency as the basis for disposition of the records of the absorbed agency until the records retention schedule of the absorbing agency is recertified in accordance with this section.(d) If a state agency with a certified schedule administers another state agency with a certified schedule, the records management officer of the administering agency may use the certified schedule of the administratively attached agency as the basis for lawful disposition of the records of the administratively attached agency until the records retention schedule of the administering agency is recertified in accordance with this section.(e) A records retention schedule due for recertification under this section must be submitted to the state records administrator no later than one year from the end of the month in which the schedule was certified or last recertified (or five years if the state agency is due for quinquennial recertification).(f) At the discretion of the state records administrator and on petition from the records management officer of a state agency that it will be impossible to comply fully with the requirements of subsection (e) of this section, the state records administrator may extend the deadline for submission of the records retention schedule for up to 3 months from the end of the month the recertification of the schedule was due. One or more additional extensions may be granted, but in no case may the first extension and any additional extensions be for a combined period of more than one year from the end of the month the recertification was due.", "sourceNote": "Source Note: The provisions of this §6.3 adopted to be effective October 24, 1994, 19 TexReg 8108; amended to be effective September 2, 1999, 24 TexReg 6727; amended to be effective May 12, 2004, 29 TexReg 4468; amended to be effective June 1, 2005, 30 TexReg 1766; amended to be effective September 3, 2014, 39 TexReg 6432." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "168340", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "A", "label": "RECORDS RETENTION SCHEDULING" }, "rule": { "number": "§6.4", "label": "Submission of Amendments to Records Retention Schedules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200742&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200742", "queryAsDate": "03/11/2026" }, "ruleBody": "During a certification period the records management officer must keep the agency's retention schedule current by submitting amendments to the schedule to:(1) add a records series;(2) propose an amended period of time a records series will be retained; and(3) indicate changes to information concerning a records series required under §6.5(a) of this title (relating to Certification of Records Retention Schedules and Amendments).", "sourceNote": "Source Note: The provisions of this §6.4 adopted to be effective October 24, 1994, 19 TexReg 8108; amended to be effective September 2, 1999, 24 TexReg 6727; amended to be effective June 1, 2005, 30 TexReg 1766; amended to be effective September 3, 2014, 39 TexReg 6432." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200742&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200742", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "A", "label": "RECORDS RETENTION SCHEDULING" }, "rule": { "number": "§6.5", "label": "Certification of Records Retention Schedules and Amendments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168341&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "168341", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) To be a candidate for certification, a records retention schedule must:(1) list all records series maintained by the state agency, regardless of medium;(2) indicate whether the records are archival state records or state records that must be reviewed by the state archivist for potential archival value prior to their destruction;(3) ensure that state records maintained by the state agency listed in the Texas State Records Retention Schedule or Texas State University Records Retention Schedule are retained for the minimum periods prescribed in the schedules;(4) ensure that state records not listed in the Texas State Records Retention Schedule are kept for a length of time sufficient to meet administrative, legal, fiscal, and archival requirements; and(5) be submitted in a manner and form prescribed by the state records administrator.(b) To be a candidate for certification, an amendment to a records retention schedule must meet the criteria in paragraphs (2) - (5) of subsection (a) of this section.(c) To be certified, a records retention schedule or an amendment to the schedule must be approved by the director and librarian and may also require the approval of the state auditor.", "sourceNote": "Source Note: The provisions of this §6.5 adopted to be effective October 24, 1994, 19 TexReg 8108; amended to be effective September 2, 1999, 24 TexReg 6727; amended to be effective June 1, 2005, 30 TexReg 1766; amended to be effective August 30, 2020, 45 TexReg 5906." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=168341&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "168341", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "A", "label": "RECORDS RETENTION SCHEDULING" }, "rule": { "number": "§6.6", "label": "Decertification" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119510&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119510", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a state agency fails to submit a records retention schedule to the state records administrator for recertification by a required deadline or fails to request an extension, the certification of the currently approved schedule and any approved amendments to the schedule expires one year from the end of the month in which the schedule was initially certified or last recertified (or five years if the state agency is due for quinquennial recertification).(b) If a state agency refuses to permit the inspection of a state records series by the state archivist or fails to respond to questions from the state archivist concerning the content, use, or other aspects of a state records series in order for the state archivist to determine if the series contains archival state records in accordance with Government Code, §441.186, the director and librarian may order the decertification of its approved records retention schedule, with decertification effective 30 days from the date of the order.(c) If a state agency fails to cooperate fully and in a timely manner with the commission, the director and librarian, or any other authorized designee of the director and librarian in fulfilling their duties in accordance with Government Code §441.183, the director and librarian may order the decertification of its approved records retention schedule, with decertification effective 30 days from the date of the order.(d) If its records retention schedule is decertified according to this section, a state agency is no longer authorized to destroy records based on the schedule and must submit requests for the destruction of its records in accordance with §6.7 of this title (relating to Destruction of State Records).", "sourceNote": "Source Note: The provisions of this §6.6 adopted to be effective October 24, 1994, 19 TexReg 8108; amended to be effective September 2, 1999, 24 TexReg 6727; amended to be effective June 1, 2005, 30 TexReg 1766; amended to be effective September 3, 2014, 39 TexReg 6432." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119510&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119510", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "A", "label": "RECORDS RETENTION SCHEDULING" }, "rule": { "number": "§6.7", "label": "Destruction of State Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200743&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200743", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Without a certified records retention schedule, a state agency must request authorization from the director and librarian for the destruction of any state record.(b) A state agency with a certified records retention schedule must request authorization from the director and librarian for the destruction of any state record that does not appear on the certified schedule or a certified amendment to the schedule.(c) Requests for authorization for the destruction of state records shall be in a form and manner prescribed by the state records administrator.", "sourceNote": "Source Note: The provisions of this §6.7 adopted to be effective October 24, 1994, 19 TexReg 8108; amended to be effective September 2, 1999, 24 TexReg 6727; amended to be effective June 1, 2005, 30 TexReg 1766." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200743&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200743", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "A", "label": "RECORDS RETENTION SCHEDULING" }, "rule": { "number": "§6.8", "label": "Implementation of Certified Records Retention Schedules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217999&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "217999", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A state agency must establish policies and procedures to ensure state records are maintained until the expiration of the retention periods on its records retention schedule.(b) Final disposition of state records must ensure that:(1) archival state records scheduled to be preserved by the commission are transferred to the commission on paper, on microform that meets the specifications in American National Standard for Imaging Materials - Processed Silver-Gelatin Type Black-and-White Film - Specifications for Stability (ANSI/NAPM IT9.1-1996), in electronic format that meets the requirements of the state archives, or in another medium with prior approval of the state archivist;(2) records scheduled for destruction are destroyed in a manner that ensures protection for any sensitive or confidential information; and(3) the final disposition of records is documented by the state agency.", "sourceNote": "Source Note: The provisions of this §6.8 adopted to be effective October 24, 1994, 19 TexReg 8108; amended to be effective September 2, 1999, 24 TexReg 6727; amended to be effective August 30, 2020, 45 TexReg 5906." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=217999&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "217999", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "A", "label": "RECORDS RETENTION SCHEDULING" }, "rule": { "number": "§6.10", "label": "Texas State Records Retention Schedules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "124", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A record listed in the Texas State Records Retention Schedule (Revised 5th Edition) must be retained for the minimum retention period indicated by any state agency that maintains a record of the type described.Attached Graphic(b) A record listed in the Texas State University Records Retention Schedule (2nd Edition) must be retained for the minimum retention period indicated by any university or institution of higher education.Attached Graphic", "sourceNote": "Source Note: The provisions of this §6.10 adopted to be effective October 24, 1994, 19 TexReg 8108; amended to be effective January 1, 1998, 22 TexReg 11348; amended to be effective June 1, 2005, 30 TexReg 1766; amended to be effective September 1, 2007, 32 TexReg 4384; amended to be effective July 4, 2012, 37 TexReg 4890; amended to be effective August 31, 2016, 41 TexReg 6476; amended to be effective December 10, 2019, 44 TexReg 7533; amended to be effective May 10, 2020, 45 TexReg 2831; amended to be effective July 18, 2022, 47 TexReg 4114; amended to be effective May 13, 2024, 49 TexReg 3201." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=124&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "124", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR STATE AGENCIES" }, "rule": { "number": "§6.21", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27844&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27844", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in these sections, have the following meanings, unless the context clearly indicates otherwise. Terms not defined in these sections have the meanings defined in the Government Code, Chapter 441, or technical report AIIM TR2 adopted by reference in §6.22(a) of this title (relating to Adopted National Standards).(1) Agency--A state executive, educational, judicial, legislative, or eleemosynary department, institution, board, or commission.(2) Aperture card--A card with a rectangular opening(s) into which 16mm/35mm microfilm frames can be inserted, mounted, or pre-mounted.(3) Batch--A quantity of chemicals or film which has been prepared at one time, and which has been identified through labeling or through other means by the manufacturer as a batch or lot.(4) CAD (computer assisted design)--A method of creating microimages by computer-driven laser.(5) Convenience film--Microfilm copies of records created only for convenience of use and considered nonrecords under the Government Code, §441.031(5).(6) Declaration by the camera operator--A target photographed on film following the filmed records that provides identification of beginning and ending records on the film; signature of the camera operator; date the declaration was filmed; and reduction range, if more than one ratio has been used.(7) Diazo--A photographic film containing one or more photosensitive layers composed of diazonium salts in a polymeric material which react with coupler(s) to form an azo dye image after film processing.(8) Duplicate microfilm--A microfilm copy made from the original or master negative. Can be silver, diazo or vesicular film.(9) Essential record--Any state record necessary to resume or continue a state agency's business; to recreate its legal and financial status; and to preserve the rights of the agency, its employees, and its clients.(10) Microfilm--Roll microfilm, microfiche, computer output microfilm (COM), and all other formats produced by any method of microphotography or other means of miniaturization on film.(11) Microfilm container--Generic term for any enclosure in close or direct contact with film such as a reel, can, bag, folder, sleeve (sheath), jacket, envelope, window mount or mat, slide mount, carton, cartridge, cassette, and aperture card.(12) Microfilming--The methods, procedures, and processes used to produce microfilm.(13) Needs assessment--A documented process to determine the feasibility and justification for microfilming records including consideration of the retention period and activity rate of the records, advantages and limitations of alternate records media, protection of essential records, access or retrieval concerns, and cost comparisons.(14) Original microfilm--Film produced directly from the record (also known as first-generation microfilm and camera film).(15) Records administrator--The head of an agency or the person appointed by the head of an agency to act as the agency's representative in all issues of records management policy, responsibility, and statutory compliance pursuant to the Government Code, §441.037.(16) Records custodian--The agency employee who is in charge of an office that creates or receives state records.(17) Records retention schedule--A document prepared in accordance with §6.2 of this title (relating to Submission of Records Retention Schedules for Certification).(18) Records series--A group of identical or related records that are normally used and/or filed together, and that permit evaluation as a group for retention scheduling purposes.(19) Retention period--The period of time during which a state record must be maintained before final disposition.(20) Security copy--Either the original microfilm or a duplicate that is stored offsite for the full retention period of the record.(21) State record--Any written, photographic, machine-readable, or other recorded information created or received by a state agency that documents its activities in the conduct of state business or use of public resources. The term does not include library or museum material made or acquired and preserved solely for reference or exhibition purposes, an extra copy of recorded information preserved only for reference, or a stock of publications or blank forms.(22) Step-and-repeat system--A method of microfilming by which images are directly placed on an area of film according to a predetermined format, usually in orderly rows and columns.(23) Title page--A target photographed on film stating that the records are microfilmed in the regular course of business and identifying the name of the agency of origin, if applicable; name of the records administrator or name and title of the current records custodian; name and location of service bureau, if applicable; reduction ratio; records series title; inclusive dates of records and volume numbers or serial numbers needed to clearly identify the records; and restriction or classification, if applicable.(24) Vesicular--Photographic film containing one or more photosensitive layers composed of diazonium salt in a thermoplastic material.", "sourceNote": "Source Note: The provisions of this §6.21 adopted to be effective June 12, 1996, 21 TexReg 4989." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27844&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27844", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR STATE AGENCIES" }, "rule": { "number": "§6.22", "label": "Adopted National Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7250&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7250", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission adopts by reference the following copyrighted standards and recommended practices issued by the American National Standards Institute (ANSI) and/or the Association for Information and Image Management (AIIM) as minimum requirements for all microfilming of state records where these sections do not specify a standard or practice. A copy of each of the standards adopted in this section is on file and available for public inspection during regular working hours at the State and Local Records Management Division, Texas State Library, 4400 Shoal Creek Boulevard, Austin, TX 78756. The standards are distributed by and available from the Association for Information and Image Management, Suite 1100, 1100 Wayne Avenue, Silver Spring, MD 20910-5699.(1) AIIM TR2-1992, Glossary of Imaging Technology.(2) AIIM TR11-1987 with 1993 addendum, Microfilm Jacket Formatting and Loading Techniques.(3) AIIM TR12-1988, Bar Coding on Microfiche for Production and Dynamic Distribution Control.(4) ANSI IT9.2-1991, Imaging Media--Photographic Processed Films, Plates, and Papers--Filing Enclosures and Storage Containers.(5) ANSI IT9.5-1992, Imaging Media (Film)--Ammonia-Processed Diazo Films--Specifications for Stability.(6) ANSI IT9.11-1991, Imaging Media--Processed Safety Photographic Film--Storage.(7) ANSI IT9.12-1991, Photography--Processed Vesicular Photographic Film--Specifications for Stability.(8) ANSI/AIIM MS1-1988, Recommended Practice for Alphanumeric Computer-Output Microforms--Operational Practices for Inspection and Quality Control.(9) ANSI/AIIM MS5-1992, Microfiche.(10) ANSI/AIIM MS8-1988, Image Mark (Blip) Used in Image Mark Retrieval Systems.(11) ANSI/AIIM MS11-1987, Microfilm Jackets.(12) ANSI/AIIM MS14-1988, Specifications for 16mm and 35mm Roll Microfilm.(13) ANSI/AIIM MS17-1992, Micrographics--Rotary (Flow) Microfilm Camera Test Chart and Test Target--Descriptions and Use.(14) ANSI/AIIM MS18-1992, Micrographics--Splices for Imaged Microfilm--Dimensions and Operational Constraints.(15) ANSI/AIIM MS19-1993, Standard Recommended Practice--Identification of Microforms.(16) ANSI/AIIM MS23-1991, Practice for Operational Procedures/Inspection and Quality Control of First-generation, Silver Microfilm of Documents.(17) ANSI/AIIM MS28-1987, Alphanumeric COM Quality Test Slide.(18) ANSI/AIIM MS39-1987, Recommended Practice for Operational Procedures, Quality Control and Inspection of Graphic Computer-Output Microforms.(19) ANSI/AIIM MS42-1989, Recommended Practice for the Expungement, Deletion, Correction, or Amendment of Records on Microforms.(20) ANSI/AIIM MS43-1988, Recommended Practice for Operational Procedures/Inspection and Quality Control of Duplicate Microforms of Documents and From COM.(21) ANSI/AIIM MS45-1990, Recommended Practice for Inspection of Stored Silver-Gelatin Microforms for Evidence of Deterioration.(22) ANSI/AIIM MS51-1991, Micrographics--ISO Resolution Test Chart No. 2--Description and Use.(23) ANSI/NAPM IT9.1-1992, Imaging Media (Film)--Silver-Gelatin Type--Specifications for Stability.(24) ANSI/NAPM IT9.17-1993, Photography--Determination of Residual Thiosulfate and Other Related Chemicals in Processed Photographic Materials--Methods Using Iodine-Amylose, Methylene Blue and Silver Sulfide.(b) In case of conflict between any standard adopted by reference in subsection (a) of this section and any provision of these sections, these sections prevail.", "sourceNote": "Source Note: The provisions of this §6.22 adopted to be effective June 12, 1996, 21 TexReg 4989." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7250&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7250", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR STATE AGENCIES" }, "rule": { "number": "§6.23", "label": "General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "125", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) These sections apply to the microfilming of any state record that is to be maintained solely in microfilm format and to all microfilm which is created or maintained for the full retention period of the record as a backup or security copy of a state record. These sections do not apply to convenience film.(b) Microfilming of records must be in compliance with an approved agency records retention schedule except, if an agency does not have an approved schedule, a microfilming needs assessment must be completed to determine if filming is justified.(c) For microfilm maintained as roll film, no more than one records series is permitted on each roll of microfilm.(d) For essential records that are microfilmed, there must be a security copy stored offsite.(e) The originals of records or source documents that have been microfilmed may be destroyed prior to the expiration of their retention periods only if the microfilm complies with these sections and in accordance with the Government Code, §441.035.(f) After the completion of the production tests and inspections required under §6.25 of this title (relating to Microfilm Production Tests and Inspections), original microfilm must not be unwound and used for any purpose except:(1) to produce duplicate copies of the film;(2) to carry out inspections under §6.27 of this title (relating to Inspection of Stored Original Microfilm);(3) to expunge records as required by §6.32 of this title (relating to Expungement); or(4) to destroy records as required by §6.33 of this title (relating to Destruction of Microfilmed Records).(g) Microfilm produced for an agency is the property of the agency, and the agency head and the records administrator have the same responsibilities for ensuring the management and preservation of microfilmed records under the Government Code, Title 4, Subtitle D, as if the records were not microfilmed.(h) If a service provider is used for the filming, processing, and/or storage of state records, a written agreement must be in place to provide access in compliance with local, state, and federal laws or delivery of the records as needed by the state agency and to allow inspections of the microfilm facilities by the agency head, records administrator, records custodian, or other authorized representative of the governing body of the agency.(i) All microfilm produced before the effective date of these sections is validated to the extent the microfilm was produced in the manner and according to the standards prescribed by prior law.", "sourceNote": "Source Note: The provisions of this §6.23 adopted to be effective June 12, 1996, 21 TexReg 4989." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=125&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "125", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR STATE AGENCIES" }, "rule": { "number": "§6.24", "label": "Microfilm Production Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27486", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Standards for original microfilm.(1) First-generation, silver microfilm--ANSI/AIIM MS23.(2) Microfiche--ANSI/AIIM MS5.(3) Roll microfilm--ANSI/AIIM MS14.(4) Splices for microfilm--ANSI/AIIM MS18.(5) The quality-index graph in standard ANSI/AIIM MS23 must be used to determine the minimum quality index for all microfilm of essential and permanent records and for 10% of the total volume of microfilm of other records. All microfilm of permanent and essential records must meet a minimum quality index level of 5.0. Microfilm of other records must meet a minimum quality index level of 3.6.(b) Standards for microfilm duplicates.(1) ANSI/AIIM MS43 and the following standards, as applicable.(2) Diazo film--ANSI IT9.5.(3) Vesicular film--ANSI IT9.12.(4) Silver film--ANSI/NAPM IT9.1.(c) Film specifications.(1) Original microfilm must meet standard ANSI/NAPM IT9.1, except where these sections specifically state otherwise.(2) Film with a polyester base must be used for records having a retention period of 10 years or more.(3) Any film type may be used for records having a retention period of less than 10 years, provided the microfilmed record will last for the required retention period.(d) Indexing.(1) The indexing and retrieval system to be used must be determined before preparing documents for filming.(2) The records must be arranged, identified, and indexed for filming so that an individual document or a series of documents can be located on film.(3) Any use of image marking must comply with standard ANSI/AIIM MS8.(4) In those instances where records are not self-indexing, (i.e., not in a readily identifiable numeric or alphabetic sequence) an index must be maintained.(e) Document preparation.(1) All imperfections that affect the legibility of a document must be repaired, if possible, and if allowed by the records administrator or records custodian.(2) Documents must be filmed in an orderly sequence and misplaced pages, folders or other file units must be put in the correct order.(3) The film must be as complete a record of the file as possible. Problems with missing file units, incorrect pagination, illegible pages, etc. must be documented by inserting and filming targets, as specified in standard ANSI/AIIM MS23.(4) Whenever possible, targets must all face the same direction as the records being microfilmed.(f) Image sequence for filming.(1) The image sequence on roll microfilm must be at a minimum:(A) leader with a minimum of 700 millimeters (28 inches) of blank film;(B) density target and resolution target;(C) title page;(D) records on film;(E) declaration by camera operator;(F) density target and resolution target; and(G) trailer with a minimum of 700 millimeters (28 inches) of blank film.(2) The filming sequence for retakes/additions on all microfilm must be:(A) title target identifying the retake/addition records;(B) the retake/addition records; and(C) declaration by camera operator.(3) Retakes/additions can be spliced either before the density and resolution targets at the beginning of the film or after the density and resolution targets at the end of the film. Retakes/additions can be on another roll of film if cross-indexed to the original role on the title target and the container label.", "sourceNote": "Source Note: The provisions of this §6.24 adopted to be effective June 12, 1996, 21 TexReg 4989." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27486&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27486", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR STATE AGENCIES" }, "rule": { "number": "§6.25", "label": "Microfilm Production Tests and Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=126&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "126", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following tests must be performed on microfilm as indicated.(1) Methylene blue test.(A) A methylene blue test for conventionally processed silver-gelatin film must be performed on all original microfilm in compliance with standard ANSI/NAPM IT9.17.(B) A test must be performed on a strip of processed, clear, and unexposed film approximately six inches long from the original microfilm or on a process control strip at least once each week during which processing is done.(C) A test must also be performed whenever a batch of fixer or developer is changed, or when changes in processing such as replacement or addition of filter, water softener, or replenishing system are made, or when water is changed.(D) If processing is performed by a service bureau, a test performed for one agency may satisfy this requirement for more than one agency.(E) If film fails to meet the standards established by these sections, it must be rewashed and retested within 14 days of initial processing.(F) Once a year, two test strips must be taken from the same microfilm; one must be sent to an independent testing laboratory and the other to the laboratory which performs the weekly test, for verification of test results.(G) If either test result is greater than 0.014 grams per square meter, the records administrator or records custodian must identify and remedy the cause of the deviation from the required standard.(2) Density test.(A) A density test must be performed on all original microfilm in compliance with standard ANSI/AIIM MS23 and the background density must be in accordance with that standard.(B) Densitometer used must be calibrated daily, when in use.(3) Resolution test.(A) A resolution test must be performed on all original microfilm in compliance with standard ANSI/AIIM MS23.(B) The resolution target must meet the following standards:(i) ANSI/AIIM MS17; and/or(ii) ANSI/AIIM MS19; and/or(iii) ANSI/AIIM MS51.(C) Photocopies of the resolution target must not be used for testing.(D) Resolution target images must be evaluated under a microscope to determine if resolution loss from duplicating is acceptable. A duplicate of a first-generation film must have a resolution loss of no more than one test pattern of the test objects described in ANSI/AIIM MS51.(b) Original processed microfilm must be visually inspected according to the following procedures.(1) Within two weeks of completion of the methylene blue test, a visual inspection of microfilm must be completed to verify legibility.(2) Film of essential records or records having a retention period of 10 years or more must be inspected image by image.(3) Film of non-essential records having a retention period of less than 10 years must be inspected at least every three meters (10 feet) of each roll or every third fiche.(4) Images of documents must be uniformly placed on the film and must be free of any defects in the filming area that would interfere with the documents being read.(5) If a defect is found on any microfilm, the microfilm immediately preceding and following the sample of microfilm on which the defect was found must be inspected. If a defect is found on those microfilms, the uninspected microfilm preceding and/or following those microfilms must be inspected image by image until all defective film has been identified.(c) Testing and Inspection of Equipment.(1) Cameras and ancillary equipment must be calibrated, tested, or otherwise inspected and adjusted at least twice annually or more often if required to comply with manufacturer's specifications or recommended operating and maintenance procedures.(2) Processors must be monitored on a scheduled basis with process control strips (sensitometric strips) at a minimum at the start of processing each day and whenever a batch of film, fixer, or developer is changed, or when changes in processing such as replacement or addition of filter, water softener, or replenishing system are made, or when water is changed.", "sourceNote": "Source Note: The provisions of this §6.25 adopted to be effective June 12, 1996, 21 TexReg 4989." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=126&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "126", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR STATE AGENCIES" }, "rule": { "number": "§6.26", "label": "Storage of Original Microfilm" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7249", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Original microfilm must be stored in a separate building from that in which duplicate copies, if any, or the original records are housed, and under conditions that meet the requirements of this section.(b) Microfilm must be stored in a storage room or vault that complies with the following:(1) is separate from other types of storage, offices, or work areas and offers protection from fire, water, steam, structural collapse, unauthorized access, and other potential hazards;(2) is equipped with a fire alarm system and capable of preventing temperatures inside the storage room/vault from exceeding 150 degrees Fahrenheit and the relative humidity inside the storage room/vault from exceeding 85% for up to two hours in the event of a fire external to the storage room/vault;(3) if constructed or readapted after 1991 to serve as a microfilm storage facility, is equipped with a fire suppression system and with automatic fire control dampers in ducts carrying air to and from the storage room/vault;(4) if needed, is equipped with a system capable of removing those gaseous impurities in the surrounding environment as specified in standard ANSI IT9.11;(5) if subject to invasion of solid particles that can abrade film or react on the images, has mechanical filters or electrostatic precipitators installed with a cleaning efficiency of at least 80% when tested with atmospheric air in accordance with standard ANSI IT9.11;(6) has approximately 0.05 inch of pressure above atmospheric pressure; e.g., a positive air pressure is maintained within the storage room or vault; and(7) has adequate temperature and humidity controls.(A) For microfilm of records with a retention of 10 years or more, temperature must not exceed 70 degrees Fahrenheit, and a constant relative humidity of 35% must be maintained with a maximum variance of plus/minus 5.0% relative humidity in a 24-hour period.(B) For microfilm of records with a retention of less than 10 years, the maximum temperature must not exceed 77 degrees Fahrenheit, and a relative humidity range between 20% and 50% must be maintained with a maximum variation of plus/minus 5.0% relative humidity in a 24-hour period.(c) Standards for microfilm containers and storage housings.(1) A microfilm container must be used for processed microfilm to protect the film and facilitate identification and handling.(2) Chemically stable materials such as non-corrosible metals (anodized aluminum or stainless steel), peroxide-free plastics, and acid-free paper must be used for containers to ensure no degradation is caused to the image.(A) If an adhesive is used, it must have no harmful effect on the photographic images.(B) Inks used on the container and on the label must not be a source of products that may damage the film or the enclosure itself.(C) Paper that is free of chemicals harmful to the film may be used to secure roll film, if needed.(3) Container label information must include:(A) whether the film is original microfilm or a duplicate, including generation number if known;(B) identification number;(C) name of agency;(D) records series title;(E) inclusive dates of records;(F) the beginning and ending records; and(G) retakes/additions, if applicable.(4) Microfilm must be stored in a closed housing or may be stored on open shelves or racks if the film is in closed containers.(5) Storage housing materials must be noncombustible and noncorrosive.(6) Storage housing and containers must not be overloaded and film must not be stored under pressure.(d) Films of different generic types, such as silver-gelatin, diazo, and vesicular films, must not be stored in the same storage room/vault or in rooms sharing common ventilation.", "sourceNote": "Source Note: The provisions of this §6.26 adopted to be effective June 12, 1996, 21 TexReg 4989." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7249&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7249", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR STATE AGENCIES" }, "rule": { "number": "§6.27", "label": "Inspection of Stored Original Microfilm" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7252", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An inspection of stored original microfilm must be conducted in accordance with the following standards:(1) ANSI IT9.11;(2) ANSI/AIIM MS45; and(3) ANSI/NAPM IT9.1.(b) When inspection is done, the sample of microfilm to be inspected for each storage room or vault, if more than one, must be 1/1000th of the total volume of stored microfilm or at least 100 microforms (rolls, jackets, microfiche, aperture cards, COM, etc.) whichever is greater. Sampling procedures must be established that will assure that all parts of the group of microfilm are represented.(c) An inspection of stored microfilm must be conducted every two years, except if the microfilm has been stored under temperature and/or humidity conditions other than those specified in these sections, it must be inspected yearly.(d) Containers used to store the film must be inspected for evidence of rust, corrosion, or other deterioration and replaced, if needed.(e) Original microfilm must be inspected on a light box with rewinds or comparable equipment which will not scratch the film.(f) If deterioration is found, a more extensive inspection must be conducted to locate all deteriorating film.(g) Any deteriorating film must immediately be removed from the storage area and the problem corrected before returning the film to storage.", "sourceNote": "Source Note: The provisions of this §6.27 adopted to be effective June 12, 1996, 21 TexReg 4989." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7252&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7252", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR STATE AGENCIES" }, "rule": { "number": "§6.28", "label": "Computer Output Microfilm (COM)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7253", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Standards for COM are the same as other microfilm formats, except as stated in this section.(b) The COM original must be wet processed silver-gelatin film for essential records and records with a retention of 10 years or more.(c) The following standards for production, testing, and inspection of COM must be met:(1) ANSI/AIIM MS1;(2) ANSI/AIIM MS5;(3) ANSI/AIIM MS28;(4) ANSI/AIIM MS39;(5) ANSI/AIIM MS43; and(6) ANSI/NAPM IT9.17.(d) If bar coding is used, the procedures in technical report AIIM TR12 must be followed.(e) The COM original must be visually inspected every 10 feet.(f) Eye-legible titling information must include the following:(1) name of agency;(2) records series title;(3) date(s) of records; and(4) starting and/or ending indexing information.(g) A reduction ratio not exceeding 48:1 must be used.(h) Adherence to the provisions of §6.24(f) of this title (relating to Image Sequence for Filming) is not required.", "sourceNote": "Source Note: The provisions of this §6.28 adopted to be effective June 12, 1996, 21 TexReg 4989." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7253", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR STATE AGENCIES" }, "rule": { "number": "§6.29", "label": "Jacketing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7254", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Standards for jacketed microfilm are the same as other microfilm formats, except as stated in this section.(b) Original microfilm may be placed in a jacket, if there is a security copy stored according to the provisions of §6.26 of this title (relating to Storage of Original Microfilm) and inspected according to the provisions of §6.27 of this title (relating to Inspection of Stored Original Microfilm).(c) The following must be included in the jacket header information:(1) name of agency;(2) records series title;(3) date(s) of records; and(4) starting and/or ending indexing information.(d) Header information must be created with a black carbon-type ribbon or ink that will not bleed, spread, or transfer.(e) Microfilm jackets must comply with ANSI/AIIM MS11.(f) The procedures in AIIM TR11 must be used for the jacketing of film.(g) If using a strip film processor camera, the density test and resolution test for original microfilm must be conducted at a minimum of once every roll or every 3,000 images.", "sourceNote": "Source Note: The provisions of this §6.29 adopted to be effective June 12, 1996, 21 TexReg 4989." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7254", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR STATE AGENCIES" }, "rule": { "number": "§6.30", "label": "Aperture Card/CAD Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7251", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Standards for film produced by aperture card/CAD systems are the same as other microfilm formats, except as stated in this section.(b) The original microfilm and enclosure must pass the photographic activity test criteria outlined in the standard ANSI IT9.2.(c) A density test and a resolution test must be conducted on a sample of original microfilm at a minimum of once every 250 cards or every 1,000 images, whichever is greater.(d) Aperture cards must have the following information on label headings:(1) name of agency;(2) records series title;(3) date(s) of records; and(4) unique identifier.(e) Adherence to the provisions of §6.24(f) of this title (relating to Image Sequence for Filming) is not required.", "sourceNote": "Source Note: The provisions of this §6.30 adopted to be effective June 12, 1996, 21 TexReg 4989." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7251&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7251", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR STATE AGENCIES" }, "rule": { "number": "§6.31", "label": "Step-and-Repeat Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7255", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Standards for film produced by step-and-repeat systems are the same as other microfilm formats, except as stated in this section.(b) Silver-gelatin microfilm in roll or microfiche form must be used for original microfilm.(c) A density test and a resolution test for original microfilm must be conducted at the beginning of each day of filming and at a minimum of once every roll, or if using pre-cut film, every 3,000 images.(d) Adherence to the provisions of §6.24(f) of this title (relating to Image Sequence for Filming) is not required.", "sourceNote": "Source Note: The provisions of this §6.31 adopted to be effective June 12, 1996, 21 TexReg 4989." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7255", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR STATE AGENCIES" }, "rule": { "number": "§6.32", "label": "Expungement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7257&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7257", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Expungement of records must comply with statutory law and standard ANSI/AIIM MS42.(b) If roll film is spliced, the following information must be inserted in place of the expunged record(s):(1) a start of expungement target;(2) replacement documents for documents that were expunged (if necessary);(3) an expungement certificate containing the following information:(A) the number of the district court ordering the expungement;(B) the signature, printed name, and title of the custodian of expunged records;(C) the date of expungement.(c) If the abrasion method is used, an expungement certificate must be maintained that includes the information specified by subsection (b)(3)(A)-(C) of this section and other information sufficient to identify the microfilm and the image location, if applicable. This certificate must be preserved until the microfilm's final disposition.(d) Images on film must not be expunged by punching holes through film, by using opaque, by blotting images with ink-type pen, or by using chemical means such as potassium dichromate (bleach) on film emulsion.(e) Expungement certificates must not be used when an amended certificate of birth is prepared and filed based on adoption, legitimation, or paternity determination. No evidence may be retained in the microfilm, index, or cross-reference through which the confidentiality of adoption, legitimation, or paternity actions may be directly or indirectly violated.", "sourceNote": "Source Note: The provisions of this §6.32 adopted to be effective June 12, 1996, 21 TexReg 4989." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7257&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7257", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR STATE AGENCIES" }, "rule": { "number": "§6.33", "label": "Destruction of Microfilmed Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29763&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "29763", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Microfilmed records must be destroyed only in accordance with the Government Code, §441.035.(b) Microfilmed records scheduled for destruction must be disposed of in a manner that ensures protection for any sensitive or confidential information.(c) Destruction of records on a roll of microfilm containing multiple record series must be done by destroying the whole roll of film at the time the records on the film that have the longest retention period are eligible for destruction or, if filmed prior to the effective date of these standards, by deleting the section of the film containing records eligible for destruction and splicing the film. If the film is spliced, a destruction notice containing the following information must be inserted in place of the deleted records:(1) the record series title and the inclusive dates of the records;(2) the signature and printed name of the agency records administrator approving deletion of the records;(3) the date of the deletion.", "sourceNote": "Source Note: The provisions of this §6.33 adopted to be effective June 12, 1996, 21 TexReg 4989." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29763&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "29763", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR STATE AGENCIES" }, "rule": { "number": "§6.34", "label": "Documentation and Recordkeeping" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=127&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "127", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Microfilm production, including testing, and inspection.(1) Records administrators must require documentation to be maintained that identifies titles of records filmed, quality control tests conducted, the results of quality control tests, dates records filmed, disposition of records after filming, dates film processed, disposition of film, reduction ratio used, records series contained on each microfilm, and equipment on which each microfilm was filmed and processed. The documentation must be retained until final disposition of all microfilm documented in the log or equivalent.(2) If filming or processing is done by a service bureau, the agency must obtain a statement of the results of density, resolution, methylene blue, and visual inspection tests from the service bureau attesting to the accurate reproduction of records filmed.(b) Microfilm storage inspections.(1) The following information must be recorded for each inspection of stored microfilm.(A) the quantity and identification of microfilm inspected;(B) the condition of the microfilm, including description of any deterioration;(C) any corrective action required;(D) the date(s) of inspection and signed certification of inspector; and(E) the date any corrective action was completed.(2) The inspection log of stored microfilm must be maintained by year and within each year numerically according to microfilm identifier or number.(c) Microfilm program procedures, training, and reviews.(1) Written procedures must be prepared for the microfilm program and periodically updated to reflect current practice and at a minimum must include a description of:(A) purpose of microfilm program;(B) microfilm production including tests and inspections;(C) storage of microfilm;(D) inspection of stored microfilm;(E) destruction of microfilmed records including expungement of information on microfilm; and(F) documentation maintained.(2) Staff training on microfilm procedures must be documented.(3) The microfilm program must be reviewed yearly by the records administrator for compliance with the Government Code, Chapter 441, and these sections.", "sourceNote": "Source Note: The provisions of this §6.34 adopted to be effective June 12, 1996, 21 TexReg 4989." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=127&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "127", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR STATE AGENCIES" }, "rule": { "number": "§6.35", "label": "Public Access to Information on Microfilm" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185253", "queryAsDate": "03/11/2026" }, "ruleBody": "Agencies must adopt procedures to ensure that the public has the same access to information on microfilm as they would be entitled to if the information were recorded in another medium and to protect access to confidential information on microfilm. Where microfilm is the record medium, a paper copy, duplicate microfilm, or other type of copy must be made available for public use. The agency must not provide the original microfilm for public access.", "sourceNote": "Source Note: The provisions of this §6.35 adopted to be effective June 12, 1996, 21 TexReg 4989." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185253", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "C", "label": "STANDARDS AND PROCEDURES FOR MANAGEMENT OF ELECTRONIC RECORDS" }, "rule": { "number": "§6.91", "label": "General Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185254", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Authority. The Texas State Library and Archives Commission, hereafter referred to as the commission, is specifically empowered to adopt rules for the creation, protection, maintenance, and storage of electronic state records. Also, the commission may adopt other rules it determines as necessary for cost reduction and efficiency of recordkeeping by state agencies, and for the state's management and preservation of records. Statutory authority for this subchapter is provided in Texas Government Code §§441.189(a), 441.190, and 441.199.(b) Purpose. The purpose of this subchapter is to establish minimum standards and procedures for the creation, protection, maintenance, retention, storage, disposition, and preservation of electronic state records as part of the records management program required in state agencies by Texas Government Code §441.183.(c) Scope. This subchapter applies to:(1) all state agencies as defined in Texas Government Code §441.180(9); and(2) all state records as defined in Texas Government Code §441.180(11).", "sourceNote": "Source Note: The provisions of this §6.91 adopted to be effective August 31, 2017, 42 TexReg 4285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185254", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "C", "label": "STANDARDS AND PROCEDURES FOR MANAGEMENT OF ELECTRONIC RECORDS" }, "rule": { "number": "§6.92", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185255", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words, terms, acronyms, and concepts when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Terms defined in Texas Government Code §441.180 shall have the meaning assigned by statute.(1) Archival state record--Archival state record has the meaning as defined in Texas Government Code §441.180(2).(2) ARIS--Archives and Information Services division of the commission.(3) Digital Rights Management--Various access control technologies that are used to restrict usage or access of proprietary hardware, software, or copyrighted works by controlling the use, modification and distribution of records, as well as systems within devices that enforce these policies.(4) Electronic state record--Information that meets the definition of a state record in the Texas Government Code §441.031 and §441.180, and is maintained in electronic format for computer processing, including the product of computer processing of the information. Any state record may be created or stored electronically in accordance with standards and procedures adopted as administrative rules of the commission as authorized by Texas Government Code §441.189.(5) Essential state record--See Vital state record.(6) Final disposition--Final processing of state records by either destruction or archival preservation by the commission, by a state agency, or by an alternate archival institution as permitted by Texas Government Code Chapter 441, Subchapter L and 13 TAC §6.1(10).(7) Information systems--The combination of information, technology, processes, and people brought together to support a given business objective .(8) Institution of higher education--SEE State agency.(9) Metadata--Data that summarizes basic information about a record, and which can facilitate tracking, locating, verifying authenticity, or working with specific records or data. Examples include but are not limited to author, date created, date modified, file extension, and file size.(10) Migration--In a computer environment, the act of moving data or records in electronic form from one hardware or software system or configuration to another so that they may continue to be understandable and usable for as long as they are needed.(11) Records management program--The program of a state agency undertaken on a continuing and active basis (i.e. not a project) to apply management techniques to the creation, use, maintenance, retention, preservation, and destruction of state records as required by Texas Government Code §441.183.(12) Records series--A group of identical or related records that are normally used and/or filed together, and that permit evaluation as a group for retention scheduling purposes as defined in 13 TAC §6.1(13).(13) State agency--State agency has the meaning as defined in Texas Government Code §441.180(9).(14) Structured data--Data that resides in fixed fields within a record or file. Relational databases and spreadsheets are examples of structured data.(15) Vital state record--Vital state record has the meaning as defined in Texas Government Code §441.180(13).", "sourceNote": "Source Note: The provisions of this §6.92 adopted to be effective August 31, 2017, 42 TexReg 4285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185255&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185255", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "C", "label": "STANDARDS AND PROCEDURES FOR MANAGEMENT OF ELECTRONIC RECORDS" }, "rule": { "number": "§6.93", "label": "Policies and Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185256", "queryAsDate": "03/11/2026" }, "ruleBody": "State agency heads or designees shall approve and institute written policies and procedures that communicate an enterprise-wide approach for electronic state records management practices, and that create accountability and auditability for the execution of these policies and procedures. Refer to Guidelines (§6.96) for recommended electronic records management best practices and standards to satisfy requirements specified under this subchapter.(1) An agency's policies and procedures required by this section shall include these elements:(A) Establish a component of the agency's active and continuing records management program to address the management of electronic state records that includes the management of electronic state records created, received, retained, used, transmitted, or disposed of electronically, including those electronic state records in the possession of the state agency, vendors, or other third parties (i.e., telecommunication, social media, etc.);(B) Integrate the management of electronic state records with other records and information resources management programs of the state agency;(C) Incorporate electronic state records management objectives, responsibilities, and authorities in pertinent state agency directives;(D) Address electronic state records management requirements, including retention requirements and final disposition;(E) Address the use of new technologies adequate to fulfill the agency's duty to identify, manage, retain, and make final disposition of electronic state records;(F) Ensure transparency by documenting in an open and verifiable manner the processes and activities carried out in the management of electronic state records; and(G) Require that records management concepts and requirements be included in agency training on information systems and resources. Also, an agency's information resources personnel shall receive training on records management issues as they relate to electronic information systems, electronic mail systems, the operation, care, and handling of information, and the hardware, software, and media used to ensure that:(i) Information resources personnel understand the records management implications of selecting, purchasing, developing, installing, deploying, modifying, and retiring technology hardware, software, etc.; and(ii) Decision makers and end users understand their responsibilities to create, protect, and manage electronic state records anywhere.(2) An agency's policies and procedures shall adhere to 1 TAC 202 requirements regarding security programs; and(3) An agency's policies and procedures shall follow privacy requirements for information that must be protected from unauthorized use or disclosure as required by applicable state or federal law (e.g. constitutional, statutory, judicial, and legal agreement requirements).", "sourceNote": "Source Note: The provisions of this §6.93 adopted to be effective August 31, 2017, 42 TexReg 4285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185256", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "C", "label": "STANDARDS AND PROCEDURES FOR MANAGEMENT OF ELECTRONIC RECORDS" }, "rule": { "number": "§6.94", "label": "Minimum Requirements for all Electronic State Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185257&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185257", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each state agency must:(1) Manage electronic state records according to the state agency's records management program and certified records retention schedule regardless of format, system, or storage location;(2) Maintain state agency ownership and responsibility for state records regardless of where the record originates or resides, including but not limited to cloud computing services and social media sites;(3) Develop and maintain up-to-date documentation about electronic records systems adequate to identify, retain, read, process, or migrate the records and ensure the timely, authorized final disposition of electronic state records;(4) Ensure that electronic state records remain readily retrievable and readable for as long as they are maintained by the state agency by migration or by maintaining any software, hardware, and documentation required to retrieve and read the electronic state records;(5) Maintain descriptive and technical metadata required for electronic state records to be fully understandable by the appropriate designated community, including metadata necessary to adequately support the authenticity, integrity, reliability, and usability as well as the preservation of a record;(6) Preserve the authenticity, integrity, reliability, and usability of the records;(7) Ensure that electronic state records are readily retrievable and readable independently of other records in the information or storage system;(8) Ensure that system backups that are required for disaster recovery are not used to satisfy records retention requirements unless indexed for ready retrievability and tested on a regular basis; and(9) Require all third-party custodians of records to provide the state agency with descriptions of their business continuity and/or disaster recovery plans as regards to the protection of the state agency's vital state records.(b) Any technological component for electronic state records developed, used, or acquired by a state agency must meet the following requirements:(1) Support the state agency's ability to meet the minimum requirements in subection (a) of this section to preserve and make readily retrievable and readable any electronic state record or to extract or migrate the record in as complete a form as possible for its full retention period; and(2) Provide security to ensure the authenticity of the records in accordance with 1 TAC 202 regarding security programs.", "sourceNote": "Source Note: The provisions of this §6.94 adopted to be effective August 31, 2017, 42 TexReg 4285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185257&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185257", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "C", "label": "STANDARDS AND PROCEDURES FOR MANAGEMENT OF ELECTRONIC RECORDS" }, "rule": { "number": "§6.95", "label": "Additional Record Requirements for Archival, Permanent, and Vital Electronic State Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185258", "queryAsDate": "03/11/2026" }, "ruleBody": "In addition to the minimum requirements in §6.94, the following requirements apply to electronic state records that are archival for the State Archives, archival for an agency archives, permanent, and vital:(1) Archival for the State Archives: Archival electronic state records indicated by records series that are marked with \"A\" (Archival) or \"R\" (Archival Review) codes in the state agency's certified records retention schedule, must be:(A) Offered to the commission for review or transferred to the custody of the commission when retention requirements are met, the administrative need of the state agency ends, or earlier as required and in accordance with Texas Government Code §441.186, unless the law requires the records to remain with the state agency. A transfer or review must include the following:(i) The state agency must contact the commission to coordinate transfer or review of the archival electronic state records;(ii) Each records series to be transferred must contain, at minimum, the following metadata:(I) Series title (from records retention schedule);(II) Inclusive dates covered by the transfer;(III) Arrangement (folder structure) of the records in the transfer;(IV) File format(s) represented;(V) Creating application; and(VI) Date of last modification;(iii) Each individual record transferred must include, at minimum, the following metadata:(I) Title or subject;(II) Creator (could be a person, office, division, and/or state agency); and(III) Date of creation;(iv) Metadata must be embedded in the records or provided in a separate file at the time of transfer;(v) The state agency must maintain the integrity of the record through use of checksums on each record transferred;(vi) The state agency must remove any encryption or other Digital Rights Management prior to transfer or provide the commission with method(s) for doing so; and(vii) The state agency must follow procedures published on the commission's website for transferring or reviewing archival electronic state records.(B) Identified as archival electronic state records in the custody of the state agency because the commission cannot immediately accept custody of the records in accordance with Texas Government Code §441.186(e) and the state agency must:(i) Maintain documentation for the operating environment in which the records were created or are being maintained;(ii) For structured data, also maintain all metadata required to understand the structure of the records;(iii) Store records in standard formats as identified in procedures published on the commission's website , or else:(I) If business requirements necessitate use of non-standard formats, the records must be converted to standard formats before transfer to the commission or before going into long-term storage; and(II) If the records are stored in a proprietary system, the state agency must retain all licenses required to access records;(iv) Not maintain redacted records as the record copy, but may store redacted records with the record copy; and(v) Follow the commission procedures published on the commission's website for storing archival electronic state records until transfer to or review by the commission.(2) Archival for agency archives: For archival electronic state records indicated by records series that are marked with \"A\" or \"I\" (Archival) or \"R\" or \"O\" (Archival Review) codes in the state agency's certified records retention schedule.(A) This paragraph applies to:(i) The small number of agencies which are allowed by statute to maintain a state agency archive instead of transferring their archival state records to the commission. Refer to Government Code Chapter 441 and confirm with the State Archives before implementing a state agency archives; and(ii) Archival electronic state records described in records series marked as \"I\" (Archival) or \"O\" (Archival Review) in a university's certified records retention schedule, which must be transferred to or reviewed by the university's archives.(B) Each state agency must:(i) Have policies and procedures to properly identify, maintain, migrate, and preserve archival electronic state records; and(ii) Adhere to the requirements listed in paragraph (3) of this section and as issued in commission guidelines.(3) Permanent: Electronic state records with permanent retention periods but that are not archival (\"A\", \"I\", \"O\" or \"R\") on the state agency's certified records retention schedule:(A) Must meet the requirements listed in paragraph (1)(B) or (2) of this section, as applicable;(B) Must be documented and migrated when necessary to ensure that they remain permanently accessible and readable; and(C) May be indexed and converted to microfilm for permanent retention.(4) Vital: Vital electronic state records must be included with special provisions in state agency records management policies and procedures and the state agency records management program and the state agency must:(A) Identify records series containing vital electronic state records on the state agency's certified records retention schedule;(B) Create written policies for the protection of vital electronic state records in all formats and storage locations;(C) Create written disaster recovery procedures for accessing vital electronic state records during a disruptive event;(D) Address vital electronic state records in continuity of operations, business continuity, and/or disaster recovery plans as part of the state agency's overall continuity program, as required in Texas Labor Code §412.054; and(E) Require all third-party custodians of records holding records on behalf of the agency to provide the state agency with descriptions of their business continuity and/or disaster recovery plans as regards to the protection of the state agency's vital electronic state records.", "sourceNote": "Source Note: The provisions of this §6.95 adopted to be effective August 31, 2017, 42 TexReg 4285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185258&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185258", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "C", "label": "STANDARDS AND PROCEDURES FOR MANAGEMENT OF ELECTRONIC RECORDS" }, "rule": { "number": "§6.96", "label": "Guidelines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185259&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185259", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission will issue guidelines, under the authority of the state records administrator to assist state agencies in fulfilling their duties required under this subchapter, and will update the guidelines as necessary to address technological changes. These guidelines will offer best practices and direction about how to comply with the requirements of these rules.", "sourceNote": "Source Note: The provisions of this §6.96 adopted to be effective August 31, 2017, 42 TexReg 4285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185259&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185259", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "C", "label": "STANDARDS AND PROCEDURES FOR MANAGEMENT OF ELECTRONIC RECORDS" }, "rule": { "number": "§6.97", "label": "Final Disposition of Electronic State Records by Transfer to State Archives or Destruction" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185260", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any electronic state record may be destroyed only in accordance with a certified records retention schedule per Texas Government Code §441.185 or, in lieu of being listed on a state agency's certified records retention schedule, a records disposition authorization request approved by the commission's director and librarian;(b) A state agency must ensure that an electronic state record scheduled for disposition is disposed of in a manner that ensures protection of confidential information; and(c) A state agency must establish and implement procedures that address the disposition of electronic state records by staff in accordance with its certified records retention schedule as well as secure destruction requirements from the Department of Information Resources, including identifying and disposing of transitory information.", "sourceNote": "Source Note: The provisions of this §6.97 adopted to be effective August 31, 2017, 42 TexReg 4285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185260&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185260", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "C", "label": "STANDARDS AND PROCEDURES FOR MANAGEMENT OF ELECTRONIC RECORDS" }, "rule": { "number": "§6.98", "label": "Uniform Electronic Transactions Act (UETA)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=88500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "88500", "queryAsDate": "03/11/2026" }, "ruleBody": "Pursuant to the Texas Business and Commerce Code §322.017, the Department of Information Resources and the commission jointly formed the Uniform Electronic Transactions Act Task Force to create rules and develop the Guidelines for the Management of Electronic Transactions and Signed Records. The Guidelines for the Management of Electronic Transactions and Signed Records are applicable to state agencies that send and accept electronic records and electronic signatures to and from other persons and to state agencies that otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures. These guidelines are detailed in 1 TAC 203.", "sourceNote": "Source Note: The provisions of this §6.98 adopted to be effective August 31, 2017, 42 TexReg 4285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=88500&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "88500", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "D", "label": "FEE SCHEDULES" }, "rule": { "number": "§6.121", "label": "Micrographics Services Fee Schedule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227364", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No later than July 31 of each fiscal year, the state records administrator, as defined by the Government Code, §441.180, shall present to the Commission for approval a schedule of proposed fees to recover the costs of providing micrographics services to state agencies and local governments during the following fiscal year.(b) The schedule of proposed fees presented to the Commission under subsection (a) of this section must be sufficient to recover all direct and indirect costs of providing the services and shall also include costs for expanding micrographics services offered to local governments by the Commission as provided by the Government Code, §441.168.(c) The state records administrator shall monitor the costs of providing micrographics services and present to the Commission for approval any needed amendments to fees to cover changes in costs during a fiscal year.", "sourceNote": "Source Note: The provisions of this §6.121 adopted to be effective August 20, 2001, 26 TexReg 6102." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227364", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "6", "label": "STATE RECORDS" }, "subchapter": { "number": "D", "label": "FEE SCHEDULES" }, "rule": { "number": "§6.122", "label": "Records Storage Services Fee Schedule" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200744&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200744", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) No later than July 31 of each fiscal year, the state records administrator, as defined by the Government Code, §441.180, shall present to the Commission for approval a schedule of proposed fees to recover the costs of providing records storage services to state agencies and local governments during the following fiscal year.(b) The schedule of proposed fees presented to the Commission under Subsection (a) must be sufficient to recover all direct and indirect costs of providing the services.(c) The state records administrator shall monitor the costs of providing records storage services and present to the Commission for approval any needed amendments to fees to cover changes in costs during a fiscal year.", "sourceNote": "Source Note: The provisions of this §6.122 adopted to be\r\neffective August 20, 2001, 26 TexReg 6102." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200744&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200744", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "A", "label": "REGIONAL HISTORICAL RESOURCE DEPOSITORIES AND REGIONAL RESEARCH CENTERS" }, "rule": { "number": "§7.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7269", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Commission--The Texas State Library and Archives Commission.(2) Depository--A regional historical resource depository established under the Government Code, §441.153.(3) Historical resources--Books, publications, newspapers, manuscripts, papers, documents, memoranda, records, maps, artworks, photographs, microfilm, sound recordings, or other material of historical interest or value, to which title and custody have been transferred to and accepted by the Texas State Library and Archives Commission, including local government records of permanent value transferred to the custody of the commission under the Local Government Code, Title 6, Subtitle C.(4) Local historical resources--Local government records of permanent value as defined in Subtitle C, Title 6, Local Government Code, Title 6, and any books, publications, newspapers, manuscripts, papers, documents, memoranda, records, maps, artworks, photographs, microfilm, sound recordings, or other material of historical interest or value to a specific region transferred to the custody of and accepted by the commission.(5) Regional research center--A regional research center established under the Government Code, §441.154.", "sourceNote": "Source Note: The provisions of this §7.1 adopted to be effective February 19, 1990, 15 TexReg 652; amended to be effective August 30, 2020, 45 TexReg 5907." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7269", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "A", "label": "REGIONAL HISTORICAL RESOURCE DEPOSITORIES AND REGIONAL RESEARCH CENTERS" }, "rule": { "number": "§7.2", "label": "Designation of Depositories" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7271&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7271", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission will consider designation of an existing or proposed library or archives as a depository when in the opinion of the commission such designation would enhance its ability to carry out its responsibilities under the Government Code, Title 4, Chapter 441, Subchapter J, or the Local Government Code, Title 6, Subtitle C, and when the chief executive officer of an archives or library requesting depository designation agrees in writing to these rules and to such other terms as the commission may determine are necessary. Agreements between the commission and requesting archives and libraries shall be in a form to be established by the commission.(b) The commission will specify the geographical area of the state to be served by a depository at the time it is designated; however, the commission retains the specific right under the Government Code, §441.153(d), to change the boundaries of depository regions. A depository region must comprise at least one county, with a population of no fewer than 85,000, and all local government offices within the counties served.", "sourceNote": "Source Note: The provisions of this §7.2 adopted to be effective February 19, 1990, 15 TexReg 652." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7271&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7271", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "A", "label": "REGIONAL HISTORICAL RESOURCE DEPOSITORIES AND REGIONAL RESEARCH CENTERS" }, "rule": { "number": "§7.3", "label": "Minimum Requirements for Depositories" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7272&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7272", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The depository must maintain regular hours of operation and be open to the public and staffed at least 40 hours per week.(b) The depository must provide a fire resistive stack area with installed metal shelving designed for record storage containers and an area suitable for processing records, heat, air conditioning, janitorial and maintenance service, and professional supervision for the storage, protection, and reference service of historical resources placed in the depository. The shelving area for historical resources shall be sufficiently separated, either physically or by clearly marked shelf labeling, from that used for the depository's own materials, to avoid accidental interfiling. Stack and processing areas must be closed to the public at all times and locked after operating hours.(c) The depository must provide at least one staff member to assist patrons in the use of historical resources and to handle loan requests for historical resources; however, the staff member may provide such assistance in addition to other regular duties. The depository must provide depository materials to researchers and must monitor their use so as to avert destructive handling or theft, but is not required nor expected to perform research for patrons.(d) The depository must provide suitable research space, tables, and chairs for depository patrons and provide other facilities and equipment, such as microfilm readers, necessary to use and copy historical resources.(e) The depository must enforce commission policies concerning researchers' access to and proper handling of historical resources.(f) Regardless of whether the depository is publicly or privately funded, it must make historical resources equally available to all persons 15 years of age or older who request them or to a person aged 12 to 15 who is accompanied by an adult. However, this requirement shall not prevent a depository from denying access to any person whose actions endanger the records or who causes a public danger or disturbance. One adult per juvenile researcher is required, and that person will be held responsible for the child's handling of depository materials. Persons under 12 may not use depository materials.(g) The depository must make historical resources available to researchers free of charge, but a charge may be made for photocopies of historical resources made on depository equipment, or to reimburse the depository for postage or other direct costs incurred in assisting a person, unless prohibited by law.(h) The depository staff must not make any inquiry of any person who applies for inspection or copying of historical resources beyond the purpose of establishing proper identification and the records being requested, and must otherwise comply with state statutes governing access to public information.(i) If the commission deems it necessary or advisable to assure proper care and availability of historical resources, it may establish additional requirements for specific institutions prior to signing agreements designating them as regional depositories.", "sourceNote": "Source Note: The provisions of this §7.3 adopted to be effective February 19, 1990, 15 TexReg 652." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7272&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7272", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "A", "label": "REGIONAL HISTORICAL RESOURCE DEPOSITORIES AND REGIONAL RESEARCH CENTERS" }, "rule": { "number": "§7.4", "label": "Management of Depositories and Regional Research Centers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29765&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "29765", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A depository may establish hours for historical resources to be available to the public to coincide with the hours of its own operation, so long as these include at least 32 hours between 7:30 a.m. and 6:30 p.m. Mondays through Fridays and no fewer than 40 total hours each week. The depository may be kept open longer provided the institution at which it is located insures the security of historical resources as required under these rules.(b) Historical resources may be made available for research or exhibit by temporary transfer to a depository or regional research center or to the Texas State Library. Records may not be transferred or loaned to any other institution or to a person. Historical resources may not be transferred or loaned if in the opinion of commission staff the transfer or loan would endanger them. If the cost of providing photocopies to a researcher would be less expensive than the cost of transporting the historical resources, the commission may require that photocopies be provided instead of transferring or loaning the historical resources.(c) Transfers of historical resources shall be scheduled as much as possible to coincide with other planned travel of state library staff and at the lowest cost compatible with security of the materials.(d) Requests for loan of historical resources must be submitted on forms prepared for that purpose by the commission and countersigned by a staff member of the commission or of a depository. If countersigned by depository staff, a commission staff member must sign approval on the loan form.(e) Transporting of historical resources must be by a member of the commission staff or, on request and authorization of commission staff, by depository staff, except that they may be shipped by air when a commission or depository staff member delivers them to the originating airport and another is on hand at arrival of the plane to take custody of them.(f) Historical resources may be loaned for a period of up to 60 days, and the loan may be renewed for one additional period of up to 30 days, if no other request for them has been received.(g) Historical resources which are on microfilm may be requested through either regular interlibrary loan or through interdepository loan. Interlibrary loan requests for historical resources may be handled by a depository in the same manner as other interlibrary loan requests it processes. Commission staff approval of interlibrary or interdepository loan requests for microfilm is not required and microfilm may be shipped by mail. Microfilm may be loaned for a two-week period, and may be renewed for an additional two weeks if no other request for them has been received.(h) The commission may remove historical resources from a depository or regional research center if in its opinion such removal is necessary for their protection or would make them more available to researchers.", "sourceNote": "Source Note: The provisions of this §7.4 adopted to be effective February 19, 1990, 15 TexReg 652." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29765&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "29765", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "A", "label": "REGIONAL HISTORICAL RESOURCE DEPOSITORIES AND REGIONAL RESEARCH CENTERS" }, "rule": { "number": "§7.5", "label": "Commission Staff at Depositories" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "129", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Provided the depository is able to make available an office, furniture, mail and telephone service, copying facilities, and sufficient work space for processing records, the commission may, pursuant to the Government Code, §441.153(e), station one or more staff members, who may be full or part time employees of the commission, at a depository for a period of time determined by the commission.(b) Commission staff may not provide reference or arrangement and description services for materials to which the commission does not hold title, nor be responsible for security of such materials, nor may they represent a depository in negotiations for accessions to its holdings or in other matters.(c) Working hours for commission staff stationed at a depository will be established by the commission. The depository must ensure commission staff access to the depository office and stack areas when needed to place new accessions in them, including after normal operating hours, by furnishing a key or providing a staff member to open the area.(d) The depository must make a staff member available to answer the telephone and take messages when the commission staff member is away from the office.", "sourceNote": "Source Note: The provisions of this §7.5 adopted to be effective February 19, 1990, 15 TexReg 652." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=129&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "129", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "A", "label": "REGIONAL HISTORICAL RESOURCE DEPOSITORIES AND REGIONAL RESEARCH CENTERS" }, "rule": { "number": "§7.6", "label": "Financial Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200745&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200745", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission will not pay for:(1) purchase or installation of shelving or other equipment for facilities that would remain at a depository if depository status were terminated;(2) direct grants to depositories, unless funds are specifically appropriated or donated to the commission for that purpose.(b) The commission will pay for:(1) travel or other expense of transferring accessions to depositories and of interdepository loans of historical resources other than microfilm;(2) long distance calls made by commission staff.", "sourceNote": "Source Note: The provisions of this §7.6 adopted to be effective February 19, 1990, 15 TexReg 652." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200745&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200745", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "A", "label": "REGIONAL HISTORICAL RESOURCE DEPOSITORIES AND REGIONAL RESEARCH CENTERS" }, "rule": { "number": "§7.7", "label": "Title to Materials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7256", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with state statutes concerning public records, to guarantee continuity of responsibility for the materials transferred to the commission, and to provide statewide uniformity in their administration, title to all materials given, donated, or transferred to the commission and placed in a depository shall reside in the commission., except as provided by §7.10 of this subchapter (relating to Application for Transfer of Title to Local Historical Resources).(b) Historical resources may be accessioned, and accessions negotiated, only by commission staff members. However, depository staff may, on request and authorization of the commission, physically transport to a depository historical resources which have previously been accepted by commission staff.", "sourceNote": "Source Note: The provisions of this §7.7 adopted to be effective February 19, 1990, 15 TexReg 652; amended to be effective August 30, 2020, 45 TexReg 5907." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7256", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "A", "label": "REGIONAL HISTORICAL RESOURCE DEPOSITORIES AND REGIONAL RESEARCH CENTERS" }, "rule": { "number": "§7.8", "label": "Termination of Depositories" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7273", "queryAsDate": "03/11/2026" }, "ruleBody": "Depository status may be terminated by either the commission or a depository on one year's notice in writing to the other party. In the event of termination, title to all materials placed in the depository will remain with the commission.", "sourceNote": "Source Note: The provisions of this §7.8 adopted to be effective February 19, 1990, 15 TexReg 652." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7273", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "A", "label": "REGIONAL HISTORICAL RESOURCE DEPOSITORIES AND REGIONAL RESEARCH CENTERS" }, "rule": { "number": "§7.9", "label": "Depositories Designated under Prior Law" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200746&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200746", "queryAsDate": "03/11/2026" }, "ruleBody": "Depositories designated under laws in effect prior to September 1, 1989, are continued in existence and will be governed by these rules as of their effective date. The commission will provide each depository with a copy of these rules.", "sourceNote": "Source Note: The provisions of this §7.9 adopted to be effective February 19, 1990, 15 TexReg 652." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200746&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200746", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "A", "label": "REGIONAL HISTORICAL RESOURCE DEPOSITORIES AND REGIONAL RESEARCH CENTERS" }, "rule": { "number": "§7.10", "label": "Application for Transfer of Title to Local Historical Resources" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "128", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with Government Code, §441.153(g), a depository may apply to the commission to transfer to the depository title to local historical resources placed in the depository by the commission. The commission shall approve the application only if the transfer of title is in the state's best interest.(b) To initiate transfer of title to a local historical resource, a depository must submit an application to the State Archivist on the form provided by the commission. The applicant must include all requested information on the application form. The form must be signed by an authorized representative of the depository's institution.(c) A depository may only apply for transfer of title to local historical resources currently held by the depository for which the commission has accession documentation. A depository may not apply for transfer of any other historical resources. A depository may not apply for transfer of any records of local governments not currently held by the depository on behalf of the commission. A depository must request transfer of all local historical resources in one application.(d) The State Archivist will review applications and notify the depository whether the application is approved or denied within 30 days of receipt. If the State Archivist is unable to make a determination within 30 days, the State Archivist will notify the depository and provide a new date by which the review will be completed. If a request is denied, the applicant may appeal the decision to the director and librarian. The decision of the director and librarian may not be appealed.(e) Approved applicants must continue to meet the requirements of §7.3 of this subchapter (relating to Minimum Requirements for Depositories) for local historical resources transferred to the depository under this section.(f) An application will not be approved if:(1) the request is for transfer of title of a state historical resource;(2) the request is for transfer of title of a local historical resource not currently held by the depository;(3) the application is not signed;(4) the depository cannot demonstrate the resource was placed in the depository by the commission;(5) the depository is not in compliance with §7.3 of this subchapter (relating to Minimum Requirements for Depositories); or(6) the transfer is not in the best interest of the state.", "sourceNote": "Source Note: The provisions of this §7.10 adopted to be effective August 30, 2020, 45 TexReg 5907." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "128", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR LOCAL GOVERNMENTS" }, "rule": { "number": "§7.21", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27488&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27488", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in these sections, have the following meanings, unless the context clearly indicates otherwise. Terms not defined in these sections have the meanings defined in the Local Government Code, Chapter 201, or technical report AIIM TR2 adopted by reference in §7.22(a) of this title (relating to Adopted National Standards).(1) Aperture card--A card with a rectangular opening(s) into which 16mm/35mm microfilm frames can be inserted, mounted, or pre-mounted.(2) Batch--A quantity of chemicals or film which has been prepared at one time, and which has been identified through labeling or through other means by the manufacturer as a batch or lot.(3) CAD (computer assisted design)--A method of creating microimages by computer-driven laser.(4) Convenience film--Microfilm copies of records created only for convenience of use and considered nonrecords under the Local Government Code, §201.003(8).(5) Declaration by the camera operator--A target photographed on film following the filmed records that provides identification of beginning and ending records on the film; signature of the camera operator; date the declaration was filmed; and reduction range, if more than one ratio has been used.(6) Diazo--A photographic film containing one or more photosensitive layers composed of diazonium salts in a polymeric material which react with coupler(s) to form an azo dye image after film processing.(7) Duplicate microfilm--A microfilm copy made from the original or master negative. Can be silver, diazo or vesicular film.(8) Essential record--Any local government record necessary to the resumption or continuation of government operations in an emergency or disaster, to the re-creation of the legal and financial status of the government, or to the protection and fulfillment of obligations to the people of the state.(9) Local government record--Any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by a local government or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business, except for materials excluded under the Local Government Code, Chapter 201.(10) Microfilm--Roll microfilm, microfiche, computer output microfilm (COM), and all other formats produced by any method of microphotography or other means of miniaturization on film.(11) Microfilm container--Generic term for any enclosure in close or direct contact with film such as a reel, can, bag, folder, sleeve (sheath), jacket, envelope, window mount or mat, slide mount, carton, cartridge, cassette, and aperture card.(12) Microfilming--The methods, procedures, and processes used to produce microfilm.(13) Needs assessment--A documented process to determine the feasibility and justification for microfilming records including consideration of the retention period and activity rate of the records, advantages and limitations of alternate records media, protection of essential records, access or retrieval concerns, and cost comparisons.(14) Original microfilm--Film produced directly from the record (also known as first-generation microfilm and camera film).(15) Records custodian--The appointed or elected public officer who by the state constitution, state law, ordinance, or administrative policy is in charge of an office that creates or receives local government records.(16) Records management officer--The person identified under the Local Government Code, §203.001 or designated under the Local Government Code, §203.025 as the records management officer.(17) Records series--A group of identical or related records that are normally used and/or filed together, and that permit evaluation as a group for retention scheduling purposes.(18) Retention period--The minimum time that a local government record must be retained as established on a records retention schedule adopted under §7.125 of this title (relating to Records Retention Schedules).(19) Security copy--Either the original microfilm or a duplicate that is stored offsite for the full retention period of the record.(20) Step-and-repeat system--A method of microfilming by which images are directly placed on an area of film according to a predetermined format, usually in orderly rows and columns.(21) Title page--A target photographed on film stating that the records are microfilmed in the regular course of business and identifying the name of the government and office of origin, if applicable; name and title of the current records custodian/officer; name and location of service bureau, if applicable; reduction ratio; records series title; inclusive dates of records and volume numbers or serial numbers needed to clearly identify the records; and restriction or classification, if applicable.(22) Vesicular--Photographic film containing one or more photosensitive layers composed of diazonium salt in a thermoplastic material.", "sourceNote": "Source Note: The provisions of this §7.21 adopted to be effective June 12, 1996, 21 TexReg 4990." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27488&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27488", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR LOCAL GOVERNMENTS" }, "rule": { "number": "§7.22", "label": "Adopted National Standards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7277", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission adopts by reference the following copyrighted standards and recommended practices issued by the American National Standards Institute (ANSI) and/or the Association for Information and Image Management (AIIM) as minimum requirements for all microfilming of local government records where these sections do not specify a standard or practice. A copy of each of the standards adopted in this section is on file and available for public inspection during regular working hours at the State and Local Records Management Division, Texas State Library, 4400 Shoal Creek Boulevard, Austin, Texas 78756. The standards are distributed by and available from the Association for Information and Image Management, Suite 1100, 1100 Wayne Avenue, Silver Spring, MD 20910-5699.(1) AIIM TR2-1992, Glossary of Imaging Technology.(2) AIIM TR11-1987 with 1993 addendum, Microfilm Jacket Formatting and Loading Techniques.(3) AIIM TR12-1988, Bar Coding on Microfiche for Production and Dynamic Distribution Control.(4) ANSI IT9.2-1991, Imaging Media--Photographic Processed Films, Plates, and Papers--Filing Enclosures and Storage Containers.(5) ANSI IT9.5-1992, Imaging Media (Film)--Ammonia-Processed Diazo Films--Specifications for Stability.(6) ANSI IT9.11-1991, Imaging Media--Processed Safety Photographic Film--Storage.(7) ANSI IT9.12-1991, Photography--Processed Vesicular Photographic Film--Specifications for Stability.(8) ANSI/AIIM MS1-1988, Recommended Practice for Alphanumeric Computer-Output Microforms--Operational Practices for Inspection and Quality Control.(9) ANSI/AIIM MS5-1992, Microfiche.(10) ANSI/AIIM MS8-1988, Image Mark (Blip) Used in Image Mark Retrieval Systems.(11) ANSI/AIIM MS11-1987, Microfilm Jackets.(12) ANSI/AIIM MS14-1988, Specifications for 16mm and 35mm Roll Microfilm.(13) ANSI/AIIM MS17-1992, Micrographics--Rotary (Flow) Microfilm Camera Test Chart and Test Target--Descriptions and Use.(14) ANSI/AIIM MS18-1992, Micrographics--Splices for Imaged Microfilm--Dimensions and Operational Constraints.(15) ANSI/AIIM MS19-1993, Standard Recommended Practice--Identification of Microforms.(16) ANSI/AIIM MS23-1991, Practice for Operational Procedures/Inspection and Quality Control of First-generation, Silver Microfilm of Documents.(17) ANSI/AIIM MS28-1987, Alphanumeric COM Quality Test Slide.(18) ANSI/AIIM MS39-1987, Recommended Practice for Operational Procedures, Quality Control and Inspection of Graphic Computer-Output Microforms.(19) ANSI/AIIM MS42-1989, Recommended Practice for the Expungement, Deletion, Correction, or Amendment of Records on Microforms.(20) ANSI/AIIM MS43-1988, Recommended Practice for Operational Procedures/Inspection and Quality Control of Duplicate Microforms of Documents and From COM.(21) ANSI/AIIM MS45-1990, Recommended Practice for Inspection of Stored Silver-Gelatin Microforms for Evidence of Deterioration.(22) ANSI/AIIM MS51-1991, Micrographics--ISO Resolution Test Chart No. 2--Description and Use.(23) ANSI/NAPM IT9.1-1992, Imaging Media (Film)--Silver-Gelatin Type--Specifications for Stability.(24) ANSI/NAPM IT9.17-1993, Photography--Determination of Residual Thiosulfate and Other Related Chemicals in Processed Photographic Materials--Methods Using Iodine-Amylose, Methylene Blue and Silver Sulfide.(b) In case of conflict between any standard adopted by reference in subsection (a) of this section and any provision of these sections, these sections prevail.", "sourceNote": "Source Note: The provisions of this §7.22 adopted to be effective June 12, 1996, 21 TexReg 4990." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7277&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7277", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR LOCAL GOVERNMENTS" }, "rule": { "number": "§7.23", "label": "General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "130", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) These sections apply to the microfilming of any local government record that is to be maintained solely in microfilm format and to all microfilm which is created or maintained for the full retention period of the record as a backup or security copy of a local government record. These sections do not apply to convenience film.(b) Microfilming of records must be in compliance with an approved records control schedule except, if a local government does not have an approved schedule, a microfilming needs assessment must be completed to determine if filming is justified.(c) For microfilm maintained as roll film, no more than one records series is permitted on each roll of microfilm.(d) For essential records that are microfilmed, there must be a security copy stored offsite.(e) The originals of records or source documents that have been microfilmed may be destroyed prior to the expiration of their retention periods only if the microfilm complies with these sections and in accordance with the Local Government Code, §§204.007-204.008.(f) After the completion of the production tests and inspections required under §7.25 of this title (relating to Microfilm Production Tests and Inspections), original microfilm must not be unwound and used for any purpose except:(1) to produce duplicate copies of the film;(2) to carry out inspections under §7.27 of this title (relating to Inspection of Stored Original Microfilm);(3) to expunge records as required by §7.32 of this title (relating to Expungement); or(4) to destroy records as required by §7.33 of this title (relating to Destruction of Microfilmed Records).(g) Microfilm produced for a local government is the property of the local government, and the local government and its records management officer have the same responsibilities for ensuring the management and preservation of microfilmed records under the Local Government Code, Title 6, Subtitle C, as if the records were not microfilmed.(h) If a service provider is used for the filming, processing, and/or storage of local records, a written agreement must be in place to provide access in compliance with local, state, and federal laws or delivery of the records as needed by the local government and to allow inspections of the microfilm facilities by the records management officer, records custodian, or other authorized representative of the governing body of the local government.(i) All microfilm produced before the effective date of these sections is validated to the extent the microfilm was produced in the manner and according to the standards prescribed by prior law or the provisions of Local Government Code, Chapter 204, and the rules adopted under it.", "sourceNote": "Source Note: The provisions of this §7.23 adopted to be effective June 12, 1996, 21 TexReg 4990." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=130&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "130", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR LOCAL GOVERNMENTS" }, "rule": { "number": "§7.24", "label": "Microfilm Production Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27489&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27489", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Standards for original microfilm.(1) First-generation, silver microfilm--ANSI/AIIM MS23.(2) Microfiche--ANSI/AIIM MS5.(3) Roll microfilm--ANSI/AIIM MS14.(4) Splices for microfilm--ANSI/AIIM MS18.(5) The quality-index graph in standard ANSI/AIIM MS23 must be used to determine the minimum quality index for all microfilm of essential and permanent records and for 10% of the total volume of microfilm of other records. All microfilm of permanent and essential records must meet a minimum quality index level of 5.0. Microfilm of other records must meet a minimum quality index level of 3.6.(b) Standards for microfilm duplicates.(1) ANSI/AIIM MS43 and the following standards, as applicable.(2) Diazo film--ANSI IT9.5.(3) Vesicular film--ANSI IT9.12.(4) Silver film--ANSI/NAPM IT9.1.(c) Film specifications.(1) Original microfilm must meet standard ANSI/NAPM IT9.1, except where these sections specifically state otherwise.(2) Film with a polyester base must be used for records having a retention period of 10 years or more.(3) Any film type may be used for records having a retention period of less than 10 years, provided the microfilmed record will last for the required retention period.(d) Indexing.(1) The indexing and retrieval system to be used must be determined before preparing documents for filming.(2) The records must be arranged, identified, and indexed for filming so that an individual document or a series of documents can be located on film.(3) Any use of image marking must comply with standard ANSI/AIIM MS8.(4) In those instances where records are not self-indexing (i.e., not in a readily identifiable numeric or alphabetic sequence) an index must be maintained.(e) Document preparation.(1) All imperfections that affect the legibility of a document must be repaired, if possible, and if allowed by the records management officer or records custodian.(2) Documents must be filmed in an orderly sequence and misplaced pages, folders or other file units must be put in the correct order.(3) The film must be as complete a record of the file as possible. Problems with missing file units, incorrect pagination, illegible pages, etc. must be documented by inserting and filming targets, as specified in standard ANSI/AIIM MS23.(4) Whenever possible, targets must all face the same direction as the records being microfilmed.(f) Image sequence for filming.(1) The image sequence on roll microfilm must be at a minimum:(A) leader with a minimum of 700 millimeters (28 inches) of blank film;(B) density target and resolution target;(C) title page;(D) records on film;(E) declaration by camera operator;(F) density target and resolution target; and(G) trailer with a minimum of 700 millimeters (28 inches) of blank film.(2) The filming sequence for retakes/additions on all microfilm must be:(A) title target identifying the retake/addition records;(B) the retake/addition records; and(C) declaration by camera operator.(3) Retakes/additions can be spliced either before the density and resolution targets at the beginning of the film or after the density and resolution targets at the end of the film. Retakes/additions can be on another roll of film if cross-indexed to the original role on the title target and the container label.", "sourceNote": "Source Note: The provisions of this §7.24 adopted to be effective June 12, 1996, 21 TexReg 4990." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27489&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27489", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR LOCAL GOVERNMENTS" }, "rule": { "number": "§7.25", "label": "Microfilm Production Tests and Inspections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "131", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following tests must be performed on microfilm as indicated.(1) Methylene blue test.(A) A methylene blue test for conventionally processed silver-gelatin film must be performed on all original microfilm in compliance with standard ANSI/NAPM IT9.17.(B) A test must be performed on a strip of processed, clear, and unexposed film approximately six inches long from the original microfilm or on a process control strip at least once each week during which processing is done.(C) A test must also be performed whenever a batch of fixer or developer is changed, or when changes in processing such as replacement or addition of filter, water softener, or replenishing system are made, or when water is changed.(D) If processing is performed by a service bureau, a test performed for one local government may satisfy this requirement for more than one local government.(E) If film fails to meet the standards established by these sections, it must be rewashed and retested within 14 days of initial processing.(F) Once a year, two test strips must be taken from the same microfilm; one must be sent to an independent testing laboratory and the other to the laboratory which performs the weekly test, for verification of test results.(G) If either test result is greater than 0.014 grams per square meter, the records management officer or records custodian must identify and remedy the cause of the deviation from the required standard.(2) Density test.(A) A density test must be performed on all original microfilm in compliance with standard ANSI/AIIM MS23 and the background density must be in accordance with that standard.(B) Densitometer used must be calibrated daily, when in use.(3) Resolution test.(A) A resolution test must be performed on all original microfilm in compliance with standard ANSI/AIIM MS23.(B) The resolution target must meet the following standards:(i) ANSI/AIIM MS17; and/or(ii) ANSI/AIIM MS19; and/or(iii) ANSI/AIIM MS51.(C) Photocopies of the resolution target must not be used for testing.(D) Resolution target images must be evaluated under a microscope to determine if resolution loss from duplicating is acceptable. A duplicate of a first-generation film must have a resolution loss of no more than one test pattern of the test objects described in ANSI/AIIM MS51.(b) Original processed microfilm must be visually inspected according to the following procedures.(1) Within two weeks of completion of the methylene blue test, a visual inspection of microfilm must be completed to verify legibility.(2) Film of essential records or records having a retention period of 10 years or more must be inspected image by image.(3) Film of non-essential records having a retention period of less than 10 years must be inspected at least every three meters (10 feet) of each roll or every third fiche.(4) Images of documents must be uniformly placed on the film and must be free of any defects in the filming area that would interfere with the documents being read.(5) If a defect is found on any microfilm, the microfilm immediately preceding and following the sample of microfilm on which the defect was found must be inspected. If a defect is found on those microfilms, the uninspected microfilm preceding and/or following those microfilms must be inspected image by image until all defective film has been identified.(c) Testing and Inspection of Equipment.(1) Cameras and ancillary equipment must be calibrated, tested, or otherwise inspected and adjusted at least twice annually or more often if required to comply with manufacturer's specifications or recommended operating and maintenance procedures.(2) Processors must be monitored on a scheduled basis with process control strips (sensitometric strips) at a minimum at the start of processing each day and whenever a batch of film, fixer, or developer is changed, or when changes in processing such as replacement or addition of filter, water softener, or replenishing system are made, or when water is changed.", "sourceNote": "Source Note: The provisions of this §7.25 adopted to be effective June 12, 1996, 21 TexReg 4990." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=131&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "131", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR LOCAL GOVERNMENTS" }, "rule": { "number": "§7.26", "label": "Storage of Original Microfilm" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7275", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Original microfilm must be stored in a separate building from that in which duplicate copies, if any, or the original records are housed, and under conditions that meet the requirements of this section.(b) Microfilm must be stored in a storage room or vault that complies with the following:(1) is separate from other types of storage, offices, or work areas and offers protection from fire, water, steam, structural collapse, unauthorized access, and other potential hazards;(2) is equipped with a fire alarm system and capable of preventing temperatures inside the storage room/vault from exceeding 150 degrees Fahrenheit and the relative humidity inside the storage room/vault from exceeding 85% for up to two hours in the event of a fire external to the storage room/vault;(3) if constructed or readapted after 1991 to serve as a microfilm storage facility, is equipped with a fire suppression system and with automatic fire control dampers in ducts carrying air to and from the storage room/vault;(4) if needed, is equipped with a system capable of removing those gaseous impurities in the surrounding environment as specified in standard ANSI IT9.11;(5) if subject to invasion of solid particles that can abrade film or react on the images, has mechanical filters or electrostatic precipitators installed with a cleaning efficiency of at least 80% when tested with atmospheric air in accordance with standard ANSI IT9.11;(6) has approximately 0.05 inch of pressure above atmospheric pressure; e.g., a positive air pressure is maintained within the storage room or vault; and(7) has adequate temperature and humidity controls.(A) For microfilm of records with a retention of 10 years or more, temperature must not exceed 70 degrees Fahrenheit, and a constant relative humidity of 35% must be maintained with a maximum variance of plus/minus 5.0% relative humidity in a 24-hour period.(B) For microfilm of records with a retention of less than 10 years, the maximum temperature must not exceed 77 degrees Fahrenheit, and a relative humidity range between 20% and 50% must be maintained with a maximum variation of plus/minus 5.0% relative humidity in a 24-hour period.(c) Standards for microfilm containers and storage housings.(1) A microfilm container must be used for processed microfilm to protect the film and facilitate identification and handling.(2) Chemically stable materials such as non-corrosible metals (anodized aluminum or stainless steel), peroxide-free plastics, and acid-free paper must be used for containers to ensure no degradation is caused to the image.(A) If an adhesive is used, it must have no harmful effect on the photographic images.(B) Inks used on the container and on the label must not be a source of products that may damage the film or the enclosure itself.(C) Paper that is free of chemicals harmful to the film may be used to secure roll film, if needed.(3) Container label information must include:(A) whether the film is original microfilm or a duplicate, including generation number if known;(B) identification number;(C) name of government and office of origin, if applicable;(D) records series title;(E) inclusive dates of records;(F) the beginning and ending records; and(G) retakes/additions, if applicable.(4) Microfilm must be stored in a closed housing or may be stored on open shelves or racks if the film is in closed containers.(5) Storage housing materials must be noncombustible and noncorrosive.(6) Storage housing and containers must not be overloaded and film must not be stored under pressure.(d) Films of different generic types, such as silver-gelatin, diazo, and vesicular films, must not be stored in the same storage room/vault or in rooms sharing common ventilation.", "sourceNote": "Source Note: The provisions of this §7.26 adopted to be effective June 12, 1996, 21 TexReg 4990." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7275&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7275", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR LOCAL GOVERNMENTS" }, "rule": { "number": "§7.27", "label": "Inspection of Stored Original Microfilm" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7278&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7278", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An inspection of stored original microfilm must be conducted in accordance with the following standards:(1) ANSI IT9.11;(2) ANSI/AIIM MS45; and(3) ANSI/NAPM IT9.1.(b) When inspection is done, the sample of microfilm to be inspected for each storage room or vault, if more than one, must be 1/1000th of the total volume of stored microfilm or at least 100 microforms (rolls, jackets, microfiche, aperture cards, COM, etc.) whichever is greater. Sampling procedures must be established that will assure that all parts of the group of microfilm are represented.(c) An inspection of stored microfilm must be conducted every two years, except if the microfilm has been stored under temperature and/or humidity conditions other than those specified in these sections, it must be inspected yearly.(d) Containers used to store the film must be inspected for evidence of rust, corrosion, or other deterioration and replaced, if needed.(e) Original microfilm must be inspected on a light box with rewinds or comparable equipment which will not scratch the film.(f) If deterioration is found, a more extensive inspection must be conducted to locate all deteriorating film.(g) Any deteriorating film must immediately be removed from the storage area and the problem corrected before returning the film to storage.", "sourceNote": "Source Note: The provisions of this §7.27 adopted to be effective June 12, 1996, 21 TexReg 4990." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7278&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7278", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR LOCAL GOVERNMENTS" }, "rule": { "number": "§7.28", "label": "Computer Output Microfilm (COM)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7274", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Standards for COM are the same as other microfilm formats, except as stated in this section.(b) The COM original must be wet processed silver-gelatin film for essential records and records with a retention of 10 years or more.(c) The following standards for production, testing, and inspection of COM must be met:(1) ANSI/AIIM MS1;(2) ANSI/AIIM MS5;(3) ANSI/AIIM MS28;(4) ANSI/AIIM MS39;(5) ANSI/AIIM MS43; and(6) ANSI/NAPM IT9.17.(d) If bar coding is used, the procedures in technical report AIIM TR12 must be followed.(e) The COM original must be visually inspected every 10 feet.(f) Eye-legible titling information must include the following:(1) name of government and office of origin, if applicable;(2) records series title;(3) date(s) of records; and(4) starting and/or ending indexing information.(g) A reduction ratio not exceeding 48:1 must be used.(h) Adherence to the provisions of §7.24(f) of this title (relating to Image Sequence for Filming) is not required.", "sourceNote": "Source Note: The provisions of this §7.28 adopted to be effective June 12, 1996, 21 TexReg 4990." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7274&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7274", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR LOCAL GOVERNMENTS" }, "rule": { "number": "§7.29", "label": "Jacketing" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7270", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Standards for jacketed microfilm are the same as other microfilm formats, except as stated in this section.(b) Original microfilm may be placed in a jacket, if there is a security copy stored according to the provisions of §7.26 of this title (relating to Storage of Original Microfilm) and inspected according to the provisions of §7.27 of this title (relating to Inspection of Stored Original Microfilm).(c) The following must be included in the jacket header information:(1) name of government and office of origin, if applicable;(2) records series title;(3) date(s) of records; and(4) starting and/or ending indexing information.(d) Header information must be created with a black carbon-type ribbon or ink that will not bleed, spread, or transfer.(e) Microfilm jackets must comply with ANSI/AIIM MS11.(f) The procedures in AIIM TR11 must be used for the jacketing of film.(g) If using a strip film processor camera, the density test and resolution test for original microfilm must be conducted at a minimum of once every roll or every 3,000 images.", "sourceNote": "Source Note: The provisions of this §7.29 adopted to be effective June 12, 1996, 21 TexReg 4990." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7270&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7270", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR LOCAL GOVERNMENTS" }, "rule": { "number": "§7.30", "label": "Aperture Card/CAD Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27490", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Standards for film produced by aperture card/CAD systems are the same as other microfilm formats, except as stated in this section.(b) The original microfilm and enclosure must pass the photographic activity test criteria outlined in the standard ANSI IT9.2.(c) A density test and a resolution test must be conducted on a sample of original microfilm at a minimum of once every 250 cards or every 1,000 images, whichever is greater.(d) Aperture cards must have the following information on label headings:(1) name of government and office of origin, if applicable;(2) records series title;(3) date(s) of records; and(4) unique identifier.(e) Adherence to the provisions of §7.24(f) of this title (relating to Image Sequence for Filming) is not required.", "sourceNote": "Source Note: The provisions of this §7.30 adopted to be effective June 12, 1996, 21 TexReg 4990." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27490", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR LOCAL GOVERNMENTS" }, "rule": { "number": "§7.31", "label": "Step-and-Repeat Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7279", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Standards for film produced by step-and-repeat systems are the same as other microfilm formats, except as stated in this section.(b) Silver-gelatin microfilm in roll or microfiche form must be used for original microfilm.(c) A density test and a resolution test for original microfilm must be conducted at the beginning of each day of filming and at a minimum of once every roll, or if using pre-cut film, every 3,000 images.(d) Adherence to the provisions of §7.24(f) of this title (relating to Image Sequence for Filming) is not required.", "sourceNote": "Source Note: The provisions of this §7.31 adopted to be effective June 12, 1996, 21 TexReg 4990." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7279&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7279", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR LOCAL GOVERNMENTS" }, "rule": { "number": "§7.32", "label": "Expungement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7280", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Expungement of records must comply with statutory law and standard ANSI/AIIM MS42.(b) If roll film is spliced, the following information must be inserted in place of the expunged record(s):(1) a start of expungement target;(2) replacement documents for documents that were expunged (if necessary);(3) an expungement certificate containing the following information:(A) the number of the district court ordering the expungement;(B) the signature, printed name, and title of the custodian of expunged records;(C) the date of expungement.(c) If the abrasion method is used, an expungement certificate must be maintained that includes the information specified by subsection (b)(3)(A)-(C) of this section and other information sufficient to identify the microfilm and the image location, if applicable. This certificate must be preserved until the microfilm's final disposition.(d) Images on film must not be expunged by punching holes through film, by using opaque, by blotting images with ink-type pen, or by using chemical means such as potassium dichromate (bleach) on film emulsion.(e) Expungement certificates must not be used when an amended certificate of birth is prepared and filed based on adoption, legitimation, or paternity determination. No evidence may be retained in the microfilm, index, or cross-reference through which the confidentiality of adoption, legitimation, or paternity actions may be directly or indirectly violated.", "sourceNote": "Source Note: The provisions of this §7.32 adopted to be effective June 12, 1996, 21 TexReg 4990." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7280", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR LOCAL GOVERNMENTS" }, "rule": { "number": "§7.33", "label": "Destruction of Microfilmed Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7281", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Microfilmed records must be destroyed only in accordance with the Local Government Code, §§202.001-202.003.(b) Microfilmed records scheduled for destruction must be disposed of in a manner that ensures protection for any sensitive or confidential information.(c) Destruction of records on a roll of microfilm containing multiple record series must be done by destroying the whole roll of film at the time the records on the film that have the longest retention period are eligible for destruction or, if filmed prior to the effective date of these standards, by deleting the section of the film containing records eligible for destruction and splicing the film. If the film is spliced, a destruction notice containing the following information must be inserted in place of the deleted records:(1) the record series title and the inclusive dates of the records;(2) the signature, printed name, and title of the custodian of the deleted records;(3) the date of the deletion.", "sourceNote": "Source Note: The provisions of this §7.33 adopted to be effective June 12, 1996, 21 TexReg 4990." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7281&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7281", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR LOCAL GOVERNMENTS" }, "rule": { "number": "§7.34", "label": "Documentation and Recordkeeping" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29762&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "29762", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Microfilm production, including testing, and inspection.(1) Records management officers or records custodians must require documentation to be maintained that identifies titles of records filmed, quality control tests conducted, the results of quality control tests, dates records filmed, disposition of records after filming, dates film processed, disposition of film, reduction ratio used, records series contained on each microfilm, and equipment on which each microfilm was filmed and processed. The documentation must be retained until final disposition of all microfilm documented in the log or equivalent.(2) If filming or processing is done by a service bureau, the local government must obtain a statement of the results of density, resolution, methylene blue, and visual inspection tests from the service bureau attesting to the accurate reproduction of records filmed.(b) Microfilm storage inspections.(1) The following information must be recorded for each inspection of stored microfilm.(A) the quantity and identification of microfilm inspected;(B) the condition of the microfilm, including description of any deterioration;(C) any corrective action required;(D) the date(s) of inspection and signed certification of inspector; and(E) the date any corrective action was completed.(2) The inspection log of stored microfilm must be maintained by year and within each year numerically according to microfilm identifier or number.(c) Microfilm program procedures, training, and reviews.(1) Written procedures must be prepared for the microfilm program and periodically updated to reflect current practice and at a minimum must include a description of:(A) purpose of microfilm program;(B) microfilm production including tests and inspections;(C) storage of microfilm;(D) inspection of stored microfilm;(E) destruction of microfilmed records including expungement of information on microfilm; and(F) documentation maintained.(2) Staff training on microfilm procedures must be documented.(3) The microfilm program must be reviewed by the records management officer or the records custodian yearly for compliance with the Local Government Code, Chapter 204, and these sections.", "sourceNote": "Source Note: The provisions of this §7.34 adopted to be effective June 12, 1996, 21 TexReg 4990." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29762&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "29762", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "B", "label": "MICROFILMING STANDARDS FOR LOCAL GOVERNMENTS" }, "rule": { "number": "§7.35", "label": "Public Access to Information on Microfilm" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206096", "queryAsDate": "03/11/2026" }, "ruleBody": "Local governments must adopt procedures to ensure that the public has the same access to information on microfilm as they would be entitled to if the information were recorded in another medium and to protect access to confidential information on microfilm. Where microfilm is the record medium, a paper copy, duplicate microfilm, or other type of copy must be made available for public use. The local government must not provide the original microfilm for public access.", "sourceNote": "Source Note: The provisions of this §7.35 adopted to be effective June 12, 1996, 21 TexReg 4990." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206096&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206096", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "C", "label": "STANDARDS AND PROCEDURES FOR MANAGEMENT OF ELECTRONIC RECORDS" }, "rule": { "number": "§7.71", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206097", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in these sections shall have the meanings defined in the Local Government Code, Title 6, Subtitle C, Chapter 201.(1) Authenticity--The quality of a record as being what it purports to be by establishing the origin, reliability, trustworthiness, and correctness of its content.(2) Data file--Related numeric, textual, sound, or graphic information that is organized in a strictly prescribed form and format.(3) Database--An organized collection of structured information or data which makes up records within files that have relationships with other records within other files.(4) Database management system (DBMS)--Software programs designed to organize, store, and retrieve machine-readable information from within databases.(5) Disposition--Final processing of local government records by archival transfer under Local Government Code, §203.049 or destruction under Local Government Code, §202.001 or Government Code, §441.0945.(6) Electronic record--Any information that is recorded in a form for computer processing and that satisfies the definition of local government record data in the Local Government Code, §201.003(8).(7) Electronic records system--Any information system that produces, manipulates, and stores local government records by using a computer.(8) Electronic storage media--All physical media capable of being read by a computer including computer hard disks, magnetic tapes, optical disks, or similar machine-readable media.(9) Essential record--A record as defined in Local Government Code, §201.003(5).(10) Integrity--The quality of a record as complete and free from unauthorized alteration.(11) Metadata--Data that summarizes basic information about a record, and which can facilitate tracking, locating, verifying authenticity, or working with specific records or data. Examples include, but are not limited to, author, date created, date modified, file extension, and file size.(12) Migration--The act of moving data or records from one hardware or software system or configuration to another so that records may continue to be understandable and usable for as long as they are needed.(13) Records Management Officer--Each elected county officer or the person designated by the governing body of each local government pursuant to the Local Government Code, §203.025.(14) Reliability--The quality of a record as a full and accurate representation of the activity or transaction it captures.(15) Text documents--Narrative or tabular documents, such as letters, memorandums, and reports, in loosely prescribed form and format.(16) Third-party custodians--Parties with which a local government entity may contract for services who are temporarily responsible for the maintenance of local government records, other than an interlocal contract under Local Government Code, §203.025(f).(17) Usability--The quality of a record as related to the producing activity or that can be accessed, identified, and readily retrieved, and interpreted or read within the broader context.", "sourceNote": "Source Note: The provisions of this §7.71 adopted to be effective March 12, 1993, 18 TexReg 1271; amended to be effective October 2, 1995, 20 TexReg 7484; amended to be effective August 31, 2021, 46 TexReg 5389." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206097&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206097", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "C", "label": "STANDARDS AND PROCEDURES FOR MANAGEMENT OF ELECTRONIC RECORDS" }, "rule": { "number": "§7.72", "label": "General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206098", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter establishes the minimum requirements for the maintenance, use, retention, and storage of any electronic record of a local government whose retention period is ten years or more on a records retention schedule adopted under §7.125 of this title (relating to Records Retention Schedules). These requirements are recommended as best practices for electronic records with retention periods of less than ten years. All electronic records are subject to the applicable provisions of the Local Government Code, Chapter 205.(b) Unless otherwise noted, these requirements apply to all electronic records systems and electronic storage media.(c) The governing body of a local government and its records management officer, in cooperation with other employees of the local government, must:(1) administer a program for the management of records created, received, maintained, used, or stored on electronic media;(2) integrate the management of electronic records with other records and information resources management programs;(3) incorporate electronic records management objectives, responsibilities, and authorities in pertinent directives;(4) establish procedures for addressing records management requirements, including recordkeeping requirements and disposition;(5) make training available for users of electronic records systems that addresses:(A) the operation, care, and handling of the equipment, software, media, and information contained in the system; and(B) records management concepts and applicable requirements, including any records management issues as they relate to subparagraph (A) of this paragraph;(6) develop and maintain up-to-date documentation about all electronic records systems that is adequate to specify all technical characteristics necessary for reading or processing the records and the timely, authorized disposition of records; and(7) specify the location and media on which electronic records are maintained to meet retention requirements and maintain inventories of electronic records systems to facilitate disposition.(d) An electronic records system not meeting the provisions of this subchapter may be utilized for records subject to this section, provided the source document, if any, or a paper copy of the record is maintained, or the record is microfilmed in accordance with the provisions of Local Government Code, Chapter 204, and the rules adopted under it.", "sourceNote": "Source Note: The provisions of this §7.72 adopted to be effective March 12, 1993, 18 TexReg 1271; amended to be effective October 2, 1995, 20 TexReg 7484; amended to be effective August 31, 2021, 46 TexReg 5389." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206098&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206098", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "C", "label": "STANDARDS AND PROCEDURES FOR MANAGEMENT OF ELECTRONIC RECORDS" }, "rule": { "number": "§7.73", "label": "Policies and Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206099", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Local government records management officers, in conjunction with the governing body, shall approve and institute written policies and procedures that communicate the organization's approach for electronic records management practices that ensure electronic records maintain and retain reliability, usability, integrity, and authenticity.(b) A local government's policies and procedures must:(1) establish a component of the local government's active and continuing records management program to address the management of electronic records created, received, retained, used, transmitted, or disposed of electronically, including electronic records maintained or managed by third-party custodians or other external entities;(2) integrate the management of electronic records into existing records and information resources management programs;(3) incorporate electronic records management objectives, responsibilities, and authorities;(4) address electronic records management requirements, including retention requirements and final disposition;(5) address the use of new technologies through regular media and format conversion, recopying, reformatting, and other necessary maintenance to ensure the retention and usability of electronic records until the expiration of their retention periods and final disposition; and(6) ensure transparency by documenting, in an open and verifiable manner, the processes and activities carried out in the management of electronic records.(c) A local government's policies and procedures must ensure information that must be protected from unauthorized use or disclosure is appropriately protected as required by applicable law, regulation, or other applicable requirement.", "sourceNote": "Source Note: The provisions of this §7.73 adopted to be effective August 31, 2021, 46 TexReg 5389." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206099&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206099", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "C", "label": "STANDARDS AND PROCEDURES FOR MANAGEMENT OF ELECTRONIC RECORDS" }, "rule": { "number": "§7.74", "label": "Minimum Requirements for all Electronic Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206100", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each local government must:(1) manage electronic records according to the local government's records management program and records retention schedule regardless of format, system, or storage location;(2) maintain ownership and responsibility for electronic records regardless of where the record originates or resides, including, but not limited to, external electronic records systems, third-party custodians, and social media platforms;(3) develop and maintain up-to-date documentation about electronic records systems and storage media adequate to identify, retain, read, process, or migrate electronic records and ensure the timely, authorized final disposition of electronic records;(4) ensure that electronic records remain readily retrievable and readable for as long as they are maintained by the local government through migration or by maintaining any software, hardware, and documentation required to retrieve and read the electronic records;(5) maintain descriptive and technical metadata required for electronic records to maintain and retain reliability, including metadata necessary to adequately support the usability, authenticity, or integrity as well as the preservation of a record;(6) preserve the authenticity, integrity, reliability, and usability of the records;(7) ensure that electronic records are readily retrievable and readable independently of other records in the database management system, electronic records system, or electronic storage media;(8) ensure that system backups that are required for disaster recovery are not used to satisfy records retention requirements unless indexed to ensure usability and are tested on a regular basis; and(9) require all third-party custodians of records to provide the local government with descriptions of their business continuity and/or disaster recovery plans pertaining to the protection of the local government's essential records.(b) Any technology for electronic records developed, used, or acquired by a local government must support the local government's ability to meet the minimum requirements in subsection (a) of this section to preserve and make readily retrievable and readable any electronic record or to extract or migrate the record in as complete a form as possible for its full retention period.", "sourceNote": "Source Note: The provisions of this §7.74 adopted to be effective August 31, 2021, 46 TexReg 5389." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206100&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206100", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "C", "label": "STANDARDS AND PROCEDURES FOR MANAGEMENT OF ELECTRONIC RECORDS" }, "rule": { "number": "§7.75", "label": "Security of Electronic Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206101", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Local governments must implement and maintain an electronic records security program for office and storage areas that:(1) ensures that only authorized individuals have access to electronic records;(2) provides for backup and recovery of records to protect against information loss;(3) ensures that authorized individuals are trained to safeguard confidential electronic records; and(4) minimizes the risk of unauthorized alteration or erasure of electronic records.(b) A duplicate copy of essential records and any software or documentation required to retrieve and read the records must be maintained in a separate storage area.(c) For records stored on rewritable electronic storage media, local governments must ensure that read/write privileges are controlled and that an audit trail of rewrites is maintained.", "sourceNote": "Source Note: The provisions of this §7.75 adopted to be effective March 12, 1993, 18 TexReg 1271; amended to be effective October 2, 1995, 20 TexReg 7484; amended to be effective August 31, 2021, 46 TexReg 5389." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206101&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206101", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "C", "label": "STANDARDS AND PROCEDURES FOR MANAGEMENT OF ELECTRONIC RECORDS" }, "rule": { "number": "§7.76", "label": "Maintenance of Electronic Storage Media" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206102", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Local governments must ensure that the reliability, integrity, and usability of information is not lost prior to its authorized destruction date because of changing technology or media deterioration through periodic checking and maintaining the state of electronic storage media, converting electronic storage media or file format, and taking other action as required to provide compatibility with current hardware and software. The migration strategy for upgrading equipment as technology evolves must be documented and include:(1) periodically recopying to the same electronic media as required, and/or transferring of data from an obsolete technology to a supportable technology; and(2) providing backward compatibility to the data in old systems, and/or converting data to media that the system upgrade and/or replacement can support.(b) The storage areas for electronic storage media must be maintained in environments without high levels of airborne particulates and within the following temperatures and relative humidities:(1) For magnetic media--65 degrees Fahrenheit to 75 degrees Fahrenheit, and 30% to 50% relative humidity;(2) For optical disks--14 degrees Fahrenheit to 74 degrees Fahrenheit, and 20% to 50% relative humidity.(c) Electronic storage media that cannot meet the requirements of subsection (a) of this section may not be used for the exclusive storage of electronic records subject to this subchapter.(d) Additionally, if electronic storage media is used to store permanent electronic records, local governments must maintain any metadata and media-specific information necessary to access the records.(e) The following standards must be met for electronic records stored as digital images on electronic storage media:(1) A visual quality control evaluation must be performed on a representative sample of scanned images and related index data. A representative sample must be at least 10% of the total scanned images.(2) A scanning density with a minimum of 200 dots per inch is required for recording text documents that contain no type font smaller than six point.(3) A scanning density with a minimum of 300 dots per inch is required for engineering drawings, maps, and other text documents with background detail.(4) The selected scanning density must be validated with tests on actual text documents.(f) A local government must prohibit smoking, drinking, and eating in areas containing electronic storage media.", "sourceNote": "Source Note: The provisions of this §7.76 adopted to be effective March 12, 1993, 18 TexReg 1271; amended to be effective October 2, 1995, 20 TexReg 7484; amended to be effective August 31, 2021, 46 TexReg 5389." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206102&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206102", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "C", "label": "STANDARDS AND PROCEDURES FOR MANAGEMENT OF ELECTRONIC RECORDS" }, "rule": { "number": "§7.77", "label": "Minimum Requirements for all Electronic Records Systems" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206103", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Local governments must maintain up-to-date technical documentation for each electronic records system that produces, uses, and stores data files. Documentation must:(1) include a narrative description of the system purpose and functionality;(2) describe the physical and technical characteristics of the records, including, but not limited to, each field associated with a record; its name, size, starting or relative position; and the form of the data;(3) outline steps to ensure the electronic records system remains usable for as long as the system is maintained by the local government, including maintaining any software, hardware, and documentation required to retrieve and read the electronic records;(4) describe the required descriptive and technical metadata the electronic records system must maintain for electronic records to have reliability, including metadata necessary to adequately support the usability, authenticity, integrity, and preservation of a record; and(5) incorporate instructions for carrying out disposition of records into electronic records systems.(b) Local governments must ensure electronic records systems using electronic storage media to maintain the record copy, or data used to generate the record copy, allow for:(1) all authorized users of the system to retrieve desired records, such as an indexing or text search system;(2) security to ensure integrity of the records;(3) exchanging records using an established standard format amongst the departments of the local government using different software/operating systems; and(4) disposition of the records.(c) An electronic records system must not create an impediment to access to public records.(d) Local governments must ensure that records created or maintained in electronic records systems can be:(1) identified sufficiently to enable authorized personnel to retrieve, protect, and carry out disposition of the records in the system; and(2) associated with related records in other formats.(e) A local government must prohibit smoking, drinking, and eating in areas containing electronic records systems that maintain the record copy.", "sourceNote": "Source Note: The provisions of this §7.77 adopted to be effective August 31, 2021, 46 TexReg 5389." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206103&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206103", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "C", "label": "STANDARDS AND PROCEDURES FOR MANAGEMENT OF ELECTRONIC RECORDS" }, "rule": { "number": "§7.78", "label": "Destruction of Electronic Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7286", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Electronic records may be destroyed only in accordance with the Local Government Code, §202.001.(b) Each local government must ensure that:(1) electronic records eligible for destruction are disposed of in a manner that ensures protection of any confidential information; and(2) electronic storage media used for electronic records containing confidential information is not reused if the previously recorded information can be compromised in any way through reuse.(c) For the court ordered expungement of information recorded on Write-Once-Read-Many (WORM) electronic storage media, all copies of the information must be destroyed wherever it exists, including any record, index, or reference to the expunged information on other electronic storage media. Methods for expunging information from WORM electronic storage media include:(1) overwriting the information to obliterate the original data, leaving no evidence of the original information; or(2) rewriting all the indices, pages, or documents, other than the expunged information, onto new electronic storage media and physically destroying the old electronic storage media.", "sourceNote": "Source Note: The provisions of this §7.78 adopted to be effective March 12, 1993, 18 TexReg 1271; amended to be effective October 2, 1995, 20 TexReg 7484; amended to be effective August 31, 2021, 46 TexReg 5389." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7286&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7286", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "D", "label": "RECORDS RETENTION SCHEDULES" }, "rule": { "number": "§7.121", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "26280", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this undesignated head shall have the meanings defined in the Local Government Code, §201.003, or the Government Code, §441.151.(1) County records manual--The Texas County Records Manual, including all editions unless a particular edition is specified, published by the Texas State Library and Archives Commission.(2) Records retention schedule--A document issued by the Texas State Library and Archives Commission under authority of the Government Code, §441.158, establishing mandatory retention periods for local government records.(3) Records management officer--The person identified under the Local Government Code, §203.001, or designated under the Local Government Code, §203.025, as the records management officer.", "sourceNote": "Source Note: The provisions of this §7.121 adopted to be effective February 1, 1992, 16 TexReg 7733." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=26280&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "26280", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "D", "label": "RECORDS RETENTION SCHEDULES" }, "rule": { "number": "§7.122", "label": "Applicability and Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216890&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216890", "queryAsDate": "03/11/2026" }, "ruleBody": "These sections apply to records and record data of all local government offices maintaining records of the types named in each records retention schedule, regardless of the media in which the records or record data are maintained, except where a records retention schedule states that it applies only to records or record data maintained in specified media.", "sourceNote": "Source Note: The provisions of this §7.122 adopted to be effective February 1, 1992, 16 TexReg 7733." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216890&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216890", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "D", "label": "RECORDS RETENTION SCHEDULES" }, "rule": { "number": "§7.123", "label": "General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7289&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7289", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following purposes of this undesignated head are to:(1) implement the Government Code, §441.158; and(2) provide procedures for the development of records retention schedules which ensure participation by the public, local officials, and state agencies having regulatory authority over local government recordkeeping.(b) The records retention schedules adopted in §7.125 of this title (relating to Records Retention Schedules) shall be considered minimum requirements and shall in no way affect the authority of the governing bodies of local governments or of elected county officials to establish longer periods of time for which records of their government or office are to be retained.", "sourceNote": "Source Note: The provisions of this §7.123 adopted to be effective February 1, 1992, 16 TexReg 7733; amended to be effective October 19, 1994, 19 TexReg 8030; amended to be effective March 6, 2024, 49 TexReg 1261." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7289&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7289", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "D", "label": "RECORDS RETENTION SCHEDULES" }, "rule": { "number": "§7.124", "label": "Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227042", "queryAsDate": "03/11/2026" }, "ruleBody": "The following general procedures will be followed by Texas State Library staff in developing original and amended records retention schedules.(1) Research.(A) An attempt will be made to identify all relevant federal and state statutes, administrative rules, and rules of court affecting the length of time for which each type of record maintained by a local government office should be retained in order to satisfy legal, fiscal, and administrative requirements of the local office, the state of Texas, and individual citizens of the state.(B) Retention periods established by other states for similar categories of local government records will be reviewed to determine generally accepted standards.(C) Representative officials maintaining records of the types to be governed by each schedule will be consulted to determine as much as possible a consensus opinion as to appropriate retention periods for those records.(D) Other state agencies having regulatory or supervisory authority over records of the types in each schedule will be consulted to establish, if possible, mutually satisfactory retention periods for those records.(E) Historians, attorneys, genealogists, and other members of the public who may have particular interest in the research use of records in a schedule will be consulted as to the potential permanent research value and likely frequency of research use of such records.(2) Drafting and review.(A) Following research and consultation as required in paragraph (1)(A)-(E) of this section, a preliminary draft of each schedule will be prepared and submitted to a representative sample of officials in each type of office affected, and to any other officials who ask to receive review copies, and to state agencies having regulatory or supervisory authority over local government records of the types in the schedule, for review and comment.(B) After its adoption, each schedule will be reviewed annually for needed revisions, and such revisions will be developed through the same process as the original schedules.(3) Distribution.(A) The Texas State Library will provide one free copy of each schedule to the records management officer of each government of a type to which the schedule is applicable, who has filed with the Texas State Library the notice of appointment and ordinance or order required by the Local Government Code, §203.025 and §203.026.(B) The Texas State Library will provide one free copy of each schedule to elected county officials whose offices are of a type to which the schedule is applicable and who have filed a written plan as required by the Local Government Code, §203.005.(C) The Texas State Library will notify each records management officer or elected county official, who has been provided a free copy of a schedule, of amendments to retention periods, procedural requirements, or cited authority for a retention period in the schedule. Notice will not be provided of amendments which are only editorial in nature.(D) The Texas State Library will refer other local government officials and staff requesting copies of schedules to the records management officers for their governments.", "sourceNote": "Source Note: The provisions of this §7.124 adopted to be effective February 1, 1992, 16 TexReg 7733." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227042", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "D", "label": "RECORDS RETENTION SCHEDULES" }, "rule": { "number": "§7.126", "label": "Local Schedule GR, Records Common to All Local Governments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227043", "queryAsDate": "03/11/2026" }, "ruleBody": "Local Schedule GR: Records Common to All Local Governments.Attached Graphic", "sourceNote": "Source Note: The provisions of this §7.126 adopted to be\r\neffective December 25, 2025, 50 TexReg 8285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227043", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "D", "label": "RECORDS RETENTION SCHEDULES" }, "rule": { "number": "§7.127", "label": "Local Schedule PW: Records of Public Works and Other Government Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227044", "queryAsDate": "03/11/2026" }, "ruleBody": "Local Schedule PW: Records of Public Works and Other Government Services.Attached Graphic", "sourceNote": "Source Note: The provisions of this §7.127 adopted to be\r\neffective December 25, 2025, 50 TexReg 8285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227044", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "D", "label": "RECORDS RETENTION SCHEDULES" }, "rule": { "number": "§7.128", "label": "Local Schedule CC: Records of County Clerks" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227045&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227045", "queryAsDate": "03/11/2026" }, "ruleBody": "Local Schedule CC: Records of County Clerks.Attached Graphic", "sourceNote": "Source Note: The provisions of this §7.128 adopted to be\r\neffective December 25, 2025, 50 TexReg 8285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227045&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227045", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "D", "label": "RECORDS RETENTION SCHEDULES" }, "rule": { "number": "§7.129", "label": "Local Schedule DC: Records of District Clerks" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227046&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227046", "queryAsDate": "03/11/2026" }, "ruleBody": "Local Schedule DC: Records of District Clerks.Attached Graphic", "sourceNote": "Source Note: The provisions of this §7.129 adopted to be\r\neffective December 25, 2025, 50 TexReg 8285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227046&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227046", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "D", "label": "RECORDS RETENTION SCHEDULES" }, "rule": { "number": "§7.130", "label": "Local Schedule PS: Records of Public Safety Agencies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227047&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227047", "queryAsDate": "03/11/2026" }, "ruleBody": "Local Schedule PS: Records of Public Safety Agencies.Attached Graphic", "sourceNote": "Source Note: The provisions of this §7.130 adopted to be\r\neffective December 25, 2025, 50 TexReg 8285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227047&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227047", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "D", "label": "RECORDS RETENTION SCHEDULES" }, "rule": { "number": "§7.131", "label": "Local Schedule SD: Records of Public School Districts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227048&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227048", "queryAsDate": "03/11/2026" }, "ruleBody": "Local Schedule SD: Records of Public School Districts.Attached Graphic", "sourceNote": "Source Note: The provisions of this §7.131 adopted to be\r\neffective December 25, 2025, 50 TexReg 8285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227048&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227048", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "D", "label": "RECORDS RETENTION SCHEDULES" }, "rule": { "number": "§7.132", "label": "Local Schedule JC: Records of Public Junior Colleges" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227049&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227049", "queryAsDate": "03/11/2026" }, "ruleBody": "Local Schedule JC: Records of Public Junior Colleges.Attached Graphic", "sourceNote": "Source Note: The provisions of this §7.132 adopted to be\r\neffective December 25, 2025, 50 TexReg 8285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227049&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227049", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "D", "label": "RECORDS RETENTION SCHEDULES" }, "rule": { "number": "§7.133", "label": "Local Schedule LC: Records of Justice and Municipal Courts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227050&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227050", "queryAsDate": "03/11/2026" }, "ruleBody": "Local Schedule LC: Records of Justice and Municipal Courts.Attached Graphic", "sourceNote": "Source Note: The provisions of this §7.133 adopted to be\r\neffective December 25, 2025, 50 TexReg 8285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227050&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227050", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "D", "label": "RECORDS RETENTION SCHEDULES" }, "rule": { "number": "§7.134", "label": "Local Schedule TX: Records of Property Taxation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227051&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227051", "queryAsDate": "03/11/2026" }, "ruleBody": "Local Schedule TX: Records of Property Taxation.Attached Graphic", "sourceNote": "Source Note: The provisions of this §7.134 adopted to be\r\neffective December 25, 2025, 50 TexReg 8285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227051&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227051", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "D", "label": "RECORDS RETENTION SCHEDULES" }, "rule": { "number": "§7.135", "label": "Local Schedule EL: Records of Elections and Voter Registration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227052&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227052", "queryAsDate": "03/11/2026" }, "ruleBody": "Local Schedule EL: Records of Elections and Voter Registration.Attached Graphic", "sourceNote": "Source Note: The provisions of this §7.135 adopted to be\r\neffective December 25, 2025, 50 TexReg 8285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227052&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227052", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "D", "label": "RECORDS RETENTION SCHEDULES" }, "rule": { "number": "§7.136", "label": "Local Schedule HR: Records of Public Health Agencies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227053&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227053", "queryAsDate": "03/11/2026" }, "ruleBody": "Local Schedule HR: Records of Public Health Agencies.Attached Graphic", "sourceNote": "Source Note: The provisions of this §7.136 adopted to be\r\neffective December 25, 2025, 50 TexReg 8285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227053&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227053", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "D", "label": "RECORDS RETENTION SCHEDULES" }, "rule": { "number": "§7.137", "label": "Local Schedule UT: Records of Utility Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "83241", "queryAsDate": "03/11/2026" }, "ruleBody": "Local Schedule UT: Records of Utility Services.Attached Graphic", "sourceNote": "Source Note: The provisions of this §7.137 adopted to be\r\neffective December 25, 2025, 50 TexReg 8285." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83241&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "83241", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "E", "label": "ELECTRONIC FILING AND RECORDING" }, "rule": { "number": "§7.141", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "83242", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in these sections shall have the meanings defined in the Local Government Code, Chapter 201.(1) Authorized filer--A person authorized to file instruments electronically as provided in the Local Government Code, §195.003.(2) Electronic record--Any information that is recorded in a form for computer processing and that satisfies the definition of local government record data in the Local Government Code, §205.001.(3) Filed instrument--An instrument that has been sent to and received by a participating county clerk, but not yet recorded.(4) Participating county clerk--A county clerk who chooses to accept real property instruments by electronic filing and to record those instruments electronically in accordance with the Local Government Code, §191.009 and Chapter 195 and these sections.(5) Real property record--All recorded instruments relating to real property.(6) Recorded instrument--An instrument that has been sent to, received by, and recorded by a participating county clerk.(7) Security procedure--A procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, callback or other verification procedures.", "sourceNote": "Source Note: The provisions of this §7.141 adopted to be effective December 6, 2000, 25 TexReg 11937." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83242&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "83242", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "E", "label": "ELECTRONIC FILING AND RECORDING" }, "rule": { "number": "§7.142", "label": "General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "83243", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) These sections establish the minimum requirements for the electronic filing and recording of real property records by a participating county clerk.(b) If a participating county clerk chooses to accept instruments for filing electronically, the participating county clerk shall record those instruments electronically.(c) An authorized filer must apply to a participating county clerk to be enrolled in the participating county clerk's electronic filing and recording program.(d) An authorized filer and a participating county clerk must enter into an agreement of understanding relating to the terms and conditions of participation in the county clerk's electronic filing and recording program.(e) The provisions of an agreement of understanding must be consistent with these sections and the Local Government Code, Chapter 195.(f) A participating county clerk may adopt other procedures and requirements consistent with these sections and the Local Government Code, Chapter 195, in order to implement fully the electronic filing and recording program of the participating county clerk.(g) Any electronic record created by electronic recording means shall meet the minimum requirements for the management of electronic records in subchapter C of Chapter 7 of this title (relating to Standards and Procedures for Electronic Records).(h) A participating county clerk shall:(1) impose no fee or charge of any kind for filing or recording electronically, other than the recording fees authorized by state law for filing of a paper instrument;(2) provide a requester (as defined in Government Code, §552.003) of an instrument filed or recorded electronically with electronic copies of the instrument in a form that is capable of being processed by use of technology that is generally available and nonproprietary in nature;(3) provide the electronic copies at the cost of producing the copies in accordance with the Government Code, §552.262; and(4) retain control and ownership of the electronic records created or received by the office of the county clerk and be responsible for their maintenance as public property pursuant to the Local Government Code, §201.005.", "sourceNote": "Source Note: The provisions of this §7.142 adopted to be effective December 6, 2000, 25 TexReg 11937." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83243&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "83243", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "E", "label": "ELECTRONIC FILING AND RECORDING" }, "rule": { "number": "§7.143", "label": "Form and Method of Transmission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "83244", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An authorized filer should visually inspect each instrument prior to transmitting to ensure compliance with existing statutory recording requirements.(b) Electronic submissions shall carry sufficient information to identify the authorized filer and to uniquely identify the instrument to be recorded.(c) Instruments transmitted electronically shall:(1) provide fidelity to the original appearance of any instrument at the time such instrument was first created, whether by electronic or other means;(2) retain the original content; and(3) provide for a non-proprietary digital file format.(d) An electronic filing system may offer several means by which electronic instruments can be delivered to a participating county clerk. Commonly available electronic delivery mechanisms include network connections, direct electronic connection with the county clerk, and physical delivery of media.", "sourceNote": "Source Note: The provisions of this §7.143 adopted to be effective December 6, 2000, 25 TexReg 11937." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "83244", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "E", "label": "ELECTRONIC FILING AND RECORDING" }, "rule": { "number": "§7.144", "label": "Method of Recording" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "83245", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An agreement of understanding between a participating county clerk and an authorized filer shall include information required by the participating county clerk in order to provide electronic notice of confirmation or rejection of an electronic filing and subsequent recording, or if such electronic notice is not possible, by telephone or facsimile. The agreement of understanding shall address the following:(1) All electronic submissions shall generate an acknowledgment of receipt to an authorized filer indicating that the instrument has been filed, but not recorded by the participating county clerk. The acknowledgment of receipt shall include the identity of the receiving county clerk, date and time of the instrument's receipt (which is the county clerk's official receipt date/time), and a county clerk-assigned instrument reference number (i.e., transaction number).(2) When a participating county clerk provides acknowledgment of receipt of an instrument filed electronically, the instrument is considered to have been filed in compliance with the applicable regulations and laws relating to filing of an instrument with the county clerk.(3) A notice of confirmation of recording or a notice of rejection for recording shall be provided by a participating county clerk to an authorized filer no later than the first business day after the instrument is filed electronically pursuant to the Local Government Code, §195.004(a).(4) A notice of confirmation shall include recording information for the instrument accepted for recording and shall identify the instrument accepted for recording, as provided in the agreement.(5) A notice of rejection shall include a brief explanation of the reason or reasons for rejection and shall identify the instrument rejected for recording, as provided in the agreement.(6) If a participating county clerk complies with the notice provisions of the agreement, the failure of an authorized filer to receive notice of confirmation or rejection of filing and subsequent recording shall not affect the validity of the confirmation or rejection.(b) The authorized filer shall be responsible for returning the original instrument to the party or parties entitled to it after notice of confirmation of recording is received by the authorized filer and for providing to such party or parties the recording information set forth in the notice of confirmation from the participating county clerk.(c) A participating county clerk may allow the concurrent submission of an index of real property records filed electronically with the corresponding electronically filed instruments.(d) If a participating county clerk permits an electronically filed index of real property records, and the authorized filer submits an electronic index, the following requirements shall be met:(1) The index shall show the same information that may be required by state law for an index to the same record if it is not filed electronically.(2) Indexing fields and field syntax shall be provided by the participating county clerk to enable authorized filers, who choose to do so, to transmit that information in as complete a form as possible.", "sourceNote": "Source Note: The provisions of this §7.144 adopted to be effective December 6, 2000, 25 TexReg 11937." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=83245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "83245", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "E", "label": "ELECTRONIC FILING AND RECORDING" }, "rule": { "number": "§7.145", "label": "System Security Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161354&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161354", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Security procedures shall be implemented to ensure the authenticity and integrity of the electronically filed instrument, including the ability to verify the identity of the filer, as well as the ability to verify that an instrument has not been altered since it was transmitted or filed.(b) In order to protect the integrity of instruments to be recorded electronically, a participating county clerk and authorized filers shall meet the following security procedure requirements:(1) Authorized filers who are enrolled in a participating county clerk's electronic filing and recording program shall implement security procedures for all electronic filing transmissions in order to properly identify each authorized filer.(2) Instruments to be electronically transmitted to a participating county clerk for filing and recording shall be instruments in a form eligible for recording under conventional means of recording.(3) Authorized filers agree to transmit eligible instruments using commercially available, nonproprietary formats and other commercially available, nonproprietary computer software programs compatible with those used by the participating county clerk.(4) All authorized filers shall be responsible for maintaining the security of the systems within their respective offices.(5) Participating county clerks and authorized filers shall scan files capable of carrying viruses prior to processing.(c) If a participating county clerk implements an interactive electronic filing process, the participating county clerk shall control interactive access to the electronic filing system via a user authentication process. When an electronic communication channel is used, the login process shall be secured via use of a secure communication channel, or other secure means.(d) Electronic filing and recording systems shall protect against system and security failures and, in addition, they shall provide normal backup and disaster recovery mechanisms in accordance with §7.75 of this title (relating to Security of Electronic Records).(e) If a participating county clerk permits electronic filing that utilizes digital signature standards based on public-private key encryption technology, they shall be in accordance with the Government Code, §2054.060. For purposes of efficiency, participating county clerks are encouraged to utilize technology and to accept certificates from certification authorities compatible with the technology used and certificates accepted by other participating county clerks.", "sourceNote": "Source Note: The provisions of this §7.145 adopted to be effective December 6, 2000, 25 TexReg 11937." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161354&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161354", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "F", "label": "RECORDS STORAGE STANDARDS" }, "rule": { "number": "§7.161", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161355&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161355", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this subchapter shall have the meanings defined in the Local Government Code, Chapter 201.(1) Court record--Any instrument, document, paper, or other record filed with, otherwise presented to, or produced by a court in this state.(2) Local government record--Any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by a local government or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business, except for materials excluded under the Local Government Code, §201.003(8).(3) Permanent record--Any local government record for which the retention period on a records retention schedule issued by the commission is given as permanent or which has been identified by the records management officer as possessing permanent historical value.(4) Records management officer--The person identified under the Local Government Code, §203.001 or designated under the Local Government Code, §203.025 as the records management officer.(5) Retention period--The minimum time that a local government record must be retained as established on a records retention schedule accepted for filing by the Texas State Library and Archives Commission pursuant to Local Government Code, §203.043.(6) Storage--The long-term holding of inactive records maintained for safekeeping.", "sourceNote": "Source Note: The provisions of this §7.161 adopted to be effective April 7, 2013, 38 TexReg 2098." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161355&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161355", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "F", "label": "RECORDS STORAGE STANDARDS" }, "rule": { "number": "§7.162", "label": "General" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161356", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) This subchapter seeks to preserve valuable historic records by establishing minimum and enhanced storage standards for pre-1951 court records and permanent records held by local governments.(b) The requirements of this subchapter apply only to records in storage and are not required for records being transported, temporarily housed or displayed, or in active use.(c) Unless otherwise noted, the requirements of this subchapter apply only to paper records. Storage requirements for local government records stored micrographically or electronically are adopted under §7.26 of this title (relating to Storage of Original Microfilm) and §7.76 of this title (relating to Maintenance of Electronic Records Storage Media) respectively.(d) The effective date of this subchapter shall be two years after the date of its adoption.", "sourceNote": "Source Note: The provisions of this §7.162 adopted to be effective April 7, 2013, 38 TexReg 2098." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161356&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161356", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "F", "label": "RECORDS STORAGE STANDARDS" }, "rule": { "number": "§7.163", "label": "Required Minimum Storage Conditions for Certain Non-Permanent Court Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161357&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161357", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pre-1951 court records with retention periods less than permanent shall be stored under conditions that meet the requirements of this section. Pre-1951 court records with permanent retention, e.g., case papers, shall be stored under conditions that meet the requirements of §7.164 of this title (relating to Required Minimum Storage Conditions for Permanent Records).(b) Records shall be stored in a manner that offers protection from fire, water, steam, structural collapse, unauthorized access, theft, and other similar hazards.", "sourceNote": "Source Note: The provisions of this §7.163 adopted to be effective April 7, 2013, 38 TexReg 2098." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161357&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161357", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "F", "label": "RECORDS STORAGE STANDARDS" }, "rule": { "number": "§7.164", "label": "Required Minimum Storage Conditions for Permanent Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161358&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161358", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Permanent records shall be stored under conditions that meet the requirements of this section.(b) Records shall be stored in a manner that complies with the following:(1) offers protection from fire, water, steam, structural collapse, unauthorized access, theft, and other similar hazards; and(2) does not expose records to direct sunlight.(c) Records or storage boxes shall not be stored in contact with the floor.(d) Records stored in a building or storage area constructed after the effective date of this section shall be protected by an operational fire detection system or the facility must be in compliance with local fire codes.(e) Records shall not be stored in any area of a building or storage area constructed after the effective date of this section that is located in a 100 year flood plain area, as established by the U.S. Geological Survey at the time of the construction of the building, unless the floor of said area is at least five feet above the 100 year flood level.", "sourceNote": "Source Note: The provisions of this §7.164 adopted to be effective April 7, 2013, 38 TexReg 2098." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161358&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161358", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "7", "label": "LOCAL RECORDS" }, "subchapter": { "number": "F", "label": "RECORDS STORAGE STANDARDS" }, "rule": { "number": "§7.165", "label": "Optional Enhanced Storage Conditions for Permanent Records" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206979", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) As resources permit, local governments should strive to store records under conditions that meet as many of the recommendations of this section as practicable.(b) Records should be stored in a building or storage area that:(1) has an operational fire suppression system;(2) has adequate environmental controls:(A) A maximum temperature of 70 degrees Fahrenheit and a constant relative humidity of 45% with a maximum variance of plus/minus 5% relative humidity in a 24-hour period should be maintained in the storage area.(B) Daily temperature/humidity checks should be conducted.(C) Positive atmospheric pressure should be maintained within the storage area.(3) has a pest management program; and(4) has appropriate shelving:(A) Shelving should be constructed of metal or other non-porous material.(B) The lowest shelf should be at least 4 to 6 inches from the floor.(C) Shelving should be arranged such that records are at least 4 inches from the interior face of exterior walls.(c) Records should be covered or housed in acid-neutral boxes to protect them from deterioration.(d) Ultraviolet filtering shields should be affixed to any fluorescent lights or windows.(e) If a Heating, Ventilation, and Air Conditioning (HVAC) system is in use in a records storage area, it should not be turned off and settings should not be changed for nights and weekends.", "sourceNote": "Source Note: The provisions of this §7.165 adopted to be effective April 7, 2013, 38 TexReg 2098." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206979&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206979", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "8", "label": "TEXSHARE LIBRARY CONSORTIUM" }, "rule": { "number": "§8.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145129&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "145129", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Institution of higher education--A public junior college certified by the Texas Higher Education Coordinating Board as described by Education Code, §61.063; a general academic teaching institution as defined by Education Code, §61.003(3); a medical and dental unit as defined by Education Code, §61.003(5); a public technical institute as defined by Education Code, §61.003(7); a private or independent institution of higher education as defined by Education Code, §61.003(15); a public state college as defined by Education Code, §61.003(16); or a work college as defined by 20 U.S.C. §1087-58.(2) TexShare Annual Report Survey--A report submitted to the commission each year by TexShare members and affiliate members. The report shall include questions concerning satisfaction with TexShare membership and programs. It may also be used to provide updates to institutional program participation contacts.(3) Commission--The Texas State Library and Archives Commission.(4) Consortium--The TexShare Library Consortium.(5) Director and Librarian--Chief executive and administrative officer of the commission.(6) Public Library has the meaning assigned by Government Code, §441.122.(7) Library of clinical medicine has the meaning assigned to Non-Profit Corporation by Government Code, §441.221.(A) Extensive library services are defined as:(i) Library is open and staffed a minimum of 45 hours per week;(ii) Staff includes a minimum of one full-time equivalent professional librarian (as defined in §1.84 of this title (relating to Professional Librarian));(iii) Library employs a library director for at least 40 hours per week in library duties;(iv) Services include circulation of materials, reference services, use of computers to access information sources, databases, or other similar services; and(v) An institutionally-approved collection development policy updated at least every five years.(B) Extensive collections in the fields of clinical medicine and the history of medicine is defined as follows:(i) Clinical medicine is defined as materials in the \"W\" category of the National Library of Medicine (NLM) classification scheme (www.nlm.nih.gov/clas/index.html).(ii) History of medicine is defined as:(I) Materials fitting the scope of the NLM classification scheme (www.nlm.nih.gov/clas/index.html) under WZ-History of Medicine, Misc or in the NLM classification scheme under history of a particular medical subject (e.g. history of surgery (WO 11), history of dermatology (WR 11), history of gynecology (WP 11), etc.); or(II) Unique archival materials (print materials, historical artifacts, and other resources) related to institutional history, or reflecting historically significant contributions of persons or institutions, or history of a particular area of health care.(iii) \"Extensive collections\" is defined as a minimum of 12,000 library resources in the field of clinical medicine and history of medicine, in print and in electronic formats, comprised of books, journal titles, technical reports, videos, or databases.(8) Public school district--Any school district or open enrollment charter school accredited by the Texas Education Agency under Texas Education Code, Section 11.001.(9) Public school library--An organized collection of printed, audiovisual and/or computer resources in a public school or public school campus (elementary or secondary). A public school library makes resources and services available to all students, teachers, and administrators. Collections such as classroom \"libraries\" or collections of primarily textbooks or other similar classroom teaching materials are not public school libraries.(10) Certified school librarian--A public school district staff member holding a current school librarian certificate issued by the State Board for Educator Certification under the authority of Education Code, Chapter 21, Subchapter B (§§21.031 - 21.058).(11) Certified staff member--A public school district staff member holding a current certificate, license, permit, or other credential issued by the State Board for Educator Certification under the authority of Education Code, Chapter 21, Subchapter B (§§21.031 - 21.058).(12) Consortium membership refers to membership held by those libraries meeting the eligibility criteria specified in §8.3(a)(1) of this chapter (relating to Consortium Membership and Affiliate Membership) and that are physically located in Texas or, if physically located outside of Texas, capable of providing online library services exclusively to Texas residents. Libraries meeting these requirements are referred to as \"members\" or \"consortium members.\"(13) Affiliate membership refers to membership held by public school districts and by eligible nonprofit libraries meeting the criteria specified in §8.3(a)(2) of this chapter. Libraries admitted under this section are referred to as \"affiliate members.\"(14) Eligible nonprofit library--A library not qualified for consortium membership by virtue of being a public library, library of clinical medicine, library component of an institution of higher education, or public school district that:(A) Is physically located in Texas or, if physically located outside of Texas, capable of providing online library services exclusively to Texas residents;(B) Is established as a nonprofit organization or administrative subdivision of a nonprofit organization:(i) under the Texas Nonprofit Corporation Law (Texas Business Organizations Code §22.001 et seq.); (ii) recognized as exempt from federal income tax under section 501(c)(3) of the U.S. Internal Revenue Code;(iii) operated by a unit of local, state, or federal government; or(iv) operated by a federally recognized American Indian tribe;(C) Is a component of one of the following:(i) An institution accredited by an accrediting agency recognized by the Texas Higher Education Coordinating Board as specified in 19 TAC §7.6 (relating to Recognition of Accrediting Agencies);(ii) Other agency of higher education as defined by Education Code, §61.003 (6);(iii) A full member of the National Network of Libraries of Medicine, South Central Region;(iv) The National Archives and Records Administration;(v) A U.S. Department of Defense installation;(vi) A non-public school accredited by an agency recognized by the Texas Private School Accreditation Commission; or(vii) A federally recognized American Indian tribe; and(D) Provides library services, defined as:(i) Provides services including circulation of materials, reference services, and use of computers to access information sources;(ii) Is open and staffed a minimum of 20 hours per week; and(iii) Employs a library director for at least 20 hours per week in library duties.", "sourceNote": "Source Note: The provisions of this §8.1 adopted to be effective June 24, 1998, 23 TexReg 6436; amended to be effective December 9, 2001, 26 TexReg 9845; amended to be effective May 18, 2006, 31 TexReg 3871; amended to be effective April 8, 2010, 35 TexReg 2742; amended to be effective September 18, 2011, 36 TexReg 5835; amended to be effective November 30, 2014, 39 TexReg 9201; amended to be effective November 28, 2018, 43 TexReg 7669; amended to be effective June 29, 2021, 46 TexReg 3872; amended to be effective December 6, 2021, 46 TexReg 8239." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=145129&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "145129", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "8", "label": "TEXSHARE LIBRARY CONSORTIUM" }, "rule": { "number": "§8.2", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206978", "queryAsDate": "03/11/2026" }, "ruleBody": "The purpose of TexShare is to assist libraries across the state:(1) to improve the availability of library resources in all communities;(2) to promote the future health and well-being of the citizenry and enhance quality teaching and research excellence at institutions of higher education through the efficient exchange of information and the sharing of library resources;(3) to maximize the effectiveness of library expenditures by enabling libraries to share staff expertise and to share library resources in print and in an electronic form, including books, journals, technical reports, and databases;(4) to increase the intellectual productivity of customers at the participating institutions by emphasizing access to information rather than ownership of documents and other information sources; and(5) to facilitate joint purchasing agreements for purchasing information services and encourage cooperative research and development of information technologies.", "sourceNote": "Source Note: The provisions of this §8.2 adopted to be effective June 24, 1998, 23 TexReg 6436; amended to be effective December 9, 2001, 26 TexReg 9845; amended to be effective April 8, 2010, 35 TexReg 2742." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206978&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206978", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "8", "label": "TEXSHARE LIBRARY CONSORTIUM" }, "rule": { "number": "§8.3", "label": "Consortium Membership and Affiliated Membership" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193229&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193229", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Eligibility of individual institutions or libraries.(1) Membership in the consortium is open to all institutions of higher education and libraries of clinical medicine that are physically located in Texas or, if physically located outside of Texas, capable of providing online library services exclusively to Texas residents, and to all public libraries that are members of the state library system.(2) Affiliate membership is open to public school districts and to other eligible nonprofit libraries submitting an application for affiliate membership to the Director and Librarian.(b) Agreement.(1) Public libraries will be members of TexShare upon becoming members of the state library system.(2) Institutions of higher education and libraries of clinical medicine must file membership agreements, signed by a duly authorized administrative official, on joining the consortium.(3) Eligible nonprofit libraries whose applications for affiliate membership have been approved must file an affiliate membership agreement, signed by a duly authorized administrative official, specifying in which programs of the consortium they may participate and any limitations to participation that will apply.(4) Public school districts and open enrollment charter schools accredited by the Texas Education Agency will be affiliate members of TexShare.(5) Membership agreements must be approved by the Director and Librarian following review by the TexShare Advisory Board before an institution may identify itself as a member or affiliate member of TexShare.(6) Participation in specific programs of the consortium may require additional agreements.(c) Renewal of membership.(1) Institutions of higher education, public libraries, libraries of clinical medicine, and eligible nonprofit libraries will have their memberships or affiliate memberships automatically renewed for each state fiscal year, provided that they continue to meet the definition required in subsection (a) of this section.(2) Members may choose to submit updated membership agreements annually or as required by their respective administrations.(d) Multiple Libraries.(1) For institutions of higher education, the unit of membership in the TexShare Library Consortium shall be the institution. Institutions of higher education, as determined by the Texas Higher Education Coordinating Board, with libraries in multiple locations shall apply as a single unit. Community colleges shall apply per their certification by the Texas Higher Education Coordinating Board, in accordance with Education Code §61.063.(2) Public libraries with branches shall be admitted as a single unit.(3) For libraries of clinical medicine, the unit of membership shall be the non-profit corporation; those having multiple locations shall apply as a single unit. The various locations served by a non-profit corporation must be fully governed and owned by that non-profit corporation in order to qualify under the non-profit corporation's membership.(4) For eligible nonprofit libraries, the unit of membership or affiliate membership shall be determined during the application process.(e) Suspension and loss of membership.(1) TexShare Annual Report Survey. Members and affiliate members shall be asked to file a current and complete TexShare annual report survey with the commission by December 15 of each year. Following review by the TexShare Advisory Board, the Director and Librarian may suspend or revoke any institution's membership following two or more failures to submit TexShare annual report surveys. Institutions may re-join TexShare at any time provided that they continue to meet the definition in subsection (a) of this section and upon submission of a written membership or affiliate membership agreement as described in subsection (b) of this section.(2) Institutions of higher education, libraries of clinical medicine, nonprofit libraries, and public libraries that no longer meet the definition in subsection (a) of this section, or are otherwise not qualified, will have their TexShare membership or affiliate membership revoked. Institutions may re-join TexShare at any time provided that they meet the definition in subsection (a) of this section and upon submission of a written membership or affiliate membership agreement as described in subsection (b) of this section.(3) Upon written request of the member institution, their TexShare membership may be suspended or revoked. Institutions may re-join TexShare at any time provided that they continue to meet the definition in subsection (a) of this section and upon submission of a written membership or affiliate membership agreement as described in subsection (b) of this section.(f) Members, affiliate members, and public school districts may receive services or be assessed fees based on demographic, financial, or other information, as reflected in the latest statistics from the National Center for Educational Statistics, the Texas Higher Education Coordinating Board, the Independent Colleges and Universities of Texas, the Texas Education Agency, the Texas Public Library Annual Report, or from statistical information received directly from the member, affiliate member, or public school library and certified by the member, affiliate member, or public school library as accurate.(g) Fees. Some consortium services are supported by fees paid by participants. Fees will be set by the Director and Librarian for different categories of consortium services, in consideration of the costs involved in providing these services to member libraries, affiliate members, and public school libraries.(h) Complaints regarding fee assessments, denial of membership, or denial of affiliate membership will be processed in accordance with procedures outlined in §2.55 of this title (relating to Protest Procedure).", "sourceNote": "Source Note: The provisions of this §8.3 adopted to be effective June 24, 1998, 23 TexReg 6436; amended to be effective December 9, 2001, 26 TexReg 9845; amended to be effective May 12, 2004, 29 TexReg 4468; amended to be effective February 15, 2005, 30 TexReg 707; amended to be effective April 8, 2010, 35 TexReg 2742; amended to be effective March 9, 2011, 36 TexReg 1492; amended to be effective November 28, 2018, 43 TexReg 7669; amended to be effective December 6, 2021, 46 TexReg 8239." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193229&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193229", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "8", "label": "TEXSHARE LIBRARY CONSORTIUM" }, "rule": { "number": "§8.4", "label": "Advisory Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193230&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "193230", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission shall appoint an advisory board to advise the commission on matters relating to the consortium. The advisory board is charged with reviewing information on the status and plans for consortial programs and services, providing input and recommendations regarding those programs and services, and making recommendations regarding consortia membership and governance. The advisory board may recommend to the Director and Librarian that:(1) the consortium enter into cooperative projects with entities other than public libraries, libraries of clinical medicine, or institutions of higher education; and/or(2) the consortium admit or deny membership status or affiliate membership status to libraries of clinical medicine, independent institutions of higher education, and eligible nonprofit libraries.(b) Members of the advisory board shall be chosen to present as much variety as possible in geographic distribution and size and type of institution. At least two members must be representatives of the general public. Each of the following types of institutions must be represented by at least one member: public libraries; public junior colleges; general academic teaching institutions and private or independent institutions of higher educations; and public school districts. The maximum number of members shall not exceed 11. Members of the advisory board must be qualified by training and experience to advise the commission on policy.(c) The advisory board shall meet at least twice a year regarding consortium programs and plans at the call of the advisory board's chair or of the Director and Librarian. The advisory board reports to the agency through its meeting and meeting minutes, and/or reports or letters to the Director and Librarian.(d) Members of the advisory board serve three-year terms beginning September 1.(e) A member of the advisory board serves without compensation but is entitled to reimbursement for actual and necessary expenses incurred in the performance of official duties, subject to any applicable limitation on reimbursement provided by the General Appropriations Act.(f) The advisory board shall elect a chair and a vice chair at the first meeting of each fiscal year.", "sourceNote": "Source Note: The provisions of this §8.4 adopted to be effective June 24, 1998, 23 TexReg 6436; amended to be effective December 9, 2001, 26 TexReg 9845; amended to be effective April 8, 2010, 35 TexReg 2742; amended to be effective February 26, 2015, 40 TexReg 812; amended to be effective November 28, 2018, 43 TexReg 7669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=193230&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "193230", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "8", "label": "TEXSHARE LIBRARY CONSORTIUM" }, "rule": { "number": "§8.5", "label": "Programs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214859", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The programs of the consortium shall include activities designed to facilitate library resource sharing. Such activities may include:(1) providing electronic networks, shared electronic resources, reciprocal borrowing, delivery services, and other infrastructure necessary to enable the libraries in the consortium to share resources;(2) negotiating and executing statewide contracts for information products and services;(3) coordinating library planning, research and development; or(4) training library personnel.(b) Programs of the consortium are established and administered for the benefit of consortium members. Consortium members may sometimes enter into formal or informal agreements with other members and with non-member entities. Under these agreements, consortium members may not provide systematic access to consortium services to non-member entities or to members ineligible to participate in such services. This provision should not be construed in such a way as to limit a member institution's ability to provide on-site access to TexShare electronic resources to members of the public as permitted by contract.(c) Public school districts may participate in group purchasing agreements provided by the consortium if such libraries are managed by or report to a certified school librarian or other certified staff member in the public school district or public school campus.(d) Affiliate members may participate in programs of the consortium as specified in their affiliate membership agreement or as determined from time to time by commission staff with approval from the TexShare Advisory Board and the Director and Librarian.", "sourceNote": "Source Note: The provisions of this §8.5 adopted to be effective June 24, 1998, 23 TexReg 6436; amended to be effective December 9, 2001, 26 TexReg 9845; amended to be effective February 15, 2005, 30 TexReg 707; amended to be effective May 18, 2006, 31 TexReg 3871; amended to be effective April 8, 2010, 35 TexReg 2742; amended to be effective November 28, 2018, 43 TexReg 7669." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214859", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "9", "label": "TALKING BOOK PROGRAM" }, "rule": { "number": "§9.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214860", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Active--means a borrower who has requested at least one book or magazine in the preceding 12-month period or signed on to the Braille and Audio Reading Download service at least once in a six-month period.(2) Agency--means the Texas State Library and Archives Commission as an agency of the state of Texas, including the staff, collections, archives, operations, programs, and property of the Texas State Library and Archives Commission.(3) Applicant agreement--means a statement signed by each new applicant which states the borrower agrees to abide by the policies and procedures of the program.(4) Audit--means a periodic inventory of equipment and/or books, as required by the National Library Service.(5) Books--means Braille, large print, and audio publications, both physical hardcopy and digital download.(6) Borrower--means an eligible person or institution that has registered with the Talking Book Program, part of the National Library Service for the Blind and Print Disabled's library network.(7) Certifying authority--means a registered nurse, therapist, professional staff member of a hospital, doctor of medicine, doctor of osteopathy, ophthalmologist, optometrist, psychologist, or an individual representing a public or welfare agency or institution, such as an educator, social worker, case worker, counselor, rehabilitation teacher, certified reading specialist, dyslexia specialist, school psychologist, superintendent, or librarian.(8) Digital download service--means a service provided or funded by either the National Library Service or the agency in which borrowers may download via the Internet audio and/or text computer files containing the contents of books and magazines.(9) Digital talking book--means an audio or electronic Braille book produced by digital processes. Audio books are available in physical format or may be accessed through a digital download service. Braille books are accessed by digital download. These books are produced either by, or under the direction of, the National Library Service or the agency.(10) Digital talking book machine--means a hardware device produced by the National Library Service and assigned to the commission for loan to borrowers. These may also include commercially-produced machines purchased by the commission for the purpose of loan to borrowers by the commission.(11) Equipment--means any playback machine, accessories, and parts thereof that enable a borrower to listen to books and magazines.(12) Loan period--means the specific period of time that an item is loaned to a borrower. The loan period begins when the agency assigns the book to the borrower and ends with the date the item is due back to the agency.(13) Magazines--means periodical publications in Braille, large print, or digital format.(14) National Library Service--means the National Library Service for the Blind and Print Disabled, a division of the Library of Congress that operates a free national library service that produces audio and Braille materials and distributes them to a cooperating network of regional and subregional libraries, to be circulated by postage-free mail to blind and physically disabled borrowers.(15) Program--means the Talking Book Program.(16) Veteran--means any person who has been honorably discharged or honorably released from the U.S. Armed Forces, meaning the U.S. Army, the U.S. Navy, the U.S. Marine Corps, the U.S. Air Force, the U.S. Coast Guard, and all armed auxiliary services of these branches.", "sourceNote": "Source Note: The provisions of this §9.1 adopted to be effective August 29, 2023, 48 TexReg 4640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214860", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "9", "label": "TALKING BOOK PROGRAM" }, "rule": { "number": "§9.2", "label": "Administration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214861", "queryAsDate": "03/11/2026" }, "ruleBody": "The program provides library services for Texas residents with visual, physical, or reading disabilities. The program is operated and administered by the agency as part of the National Library Service, a program administered by the Library of Congress. The National Library Service provides the agency books in audio and braille formats and reading equipment. Postage for mailing materials and equipment to and from borrowers is paid by the U.S. Government under the provisions of 39 U.S.C.A. §3403, Matter for blind and other handicapped persons.", "sourceNote": "Source Note: The provisions of this §9.2 adopted to be effective November 16, 2008, 33 TexReg 9079; amended to be effective March 20, 2019, 44 TexReg 1437; amended to be effective August 29, 2023, 48 TexReg 4640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214861", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "9", "label": "TALKING BOOK PROGRAM" }, "rule": { "number": "§9.3", "label": "Eligibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214862&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214862", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following persons are eligible for the program:(1) persons whose visual acuity, as determined by competent authority, is 20/200 or less in the better eye with correcting glasses, or whose widest diameter of visual field is no greater than 20 degrees;(2) persons whose visual disability, with correction and regardless of optical measurement, is certified by competent authority as preventing reading of standard printed material;(3) persons certified by competent authority as unable to read or unable to use standard printed materials as a result of physical limitations;(4) persons certified by competent authority as having a reading disability resulting from organic dysfunction and of sufficient severity to prevent their reading printed material in a normal manner; and(5) persons certified by competent authority as having an allergy or other chemically-based reaction of sufficient severity as to prevent their handling of printed materials in a normal manner.(b) The following persons are not eligible for service:(1) persons who are illiterate without having an eligible disability; and(2) persons who cannot read because of an intellectual disability or an intellectual development disorder.(c) All borrowers will remain eligible for service, provided they:(1) continue to meet the requirements for eligibility in the program;(2) are active borrowers; and(3) maintain their accounts in good standing, meaning:(A) borrower does not have excessive overdue, lost, or damaged materials and/or machines;(B) borrower has not had account suspended for failure to follow procedures and policies as part of the membership agreement or for failure to cooperate with the agency; and(C) borrower has not had service suspended for misuse of the service, as specified in §9.11 of this title (relating to Misuse of Service).", "sourceNote": "Source Note: The provisions of this §9.3 adopted to be effective November 16, 2008, 33 TexReg 9079; amended to be effective March 20, 2019, 44 TexReg 1437; amended to be effective August 29, 2023, 48 TexReg 4640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214862&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214862", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "9", "label": "TALKING BOOK PROGRAM" }, "rule": { "number": "§9.4", "label": "Application for Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214863", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each potential borrower must submit an application for service by mail, email, or facsimile. Individuals reactivating accounts after five years discontinuance must submit a new application. The application may be either the specific application issued by the agency or the generic application issued by the National Library Service. Any application must include the following to be accepted and processed:(1) Signature from a certifying authority;(2) Signed copy of the applicant agreement; and(3) Alternative contact person, and if applicable, any person authorized to access and make decisions on the borrower's account.(b) Incomplete applications or applications submitted by applicants who do not meet eligibility requirements will be returned to the applicants.", "sourceNote": "Source Note: The provisions of this §9.4 adopted to be effective November 16, 2008, 33 TexReg 9079; amended to be effective March 20, 2019, 44 TexReg 1437; amended to be effective August 29, 2023, 48 TexReg 4640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214863&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214863", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "9", "label": "TALKING BOOK PROGRAM" }, "rule": { "number": "§9.5", "label": "Priority for Veterans" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214864", "queryAsDate": "03/11/2026" }, "ruleBody": "As required by the National Library Service, veterans using the service are to be given priority whenever they request services. Veteran borrowers are subject to the same requirements as other borrowers.", "sourceNote": "Source Note: The provisions of this §9.5 adopted to be effective November 16, 2008, 33 TexReg 9079; amended to be effective August 29, 2023, 48 TexReg 4640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214864", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "9", "label": "TALKING BOOK PROGRAM" }, "rule": { "number": "§9.6", "label": "Status of Users" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214865", "queryAsDate": "03/11/2026" }, "ruleBody": "Borrowers must notify the agency if any of the following circumstances occur:(1) the borrower moves to a different address, acquires a different telephone number, or changes email address;(2) the borrower desires to cancel service permanently or to place service on temporary hold for vacation, illness, or other reasons;(3) the borrower moves temporarily or permanently to a location outside the State of Texas;(4) the borrower desires to add a contact person or remove a contact person;(5) the borrower wishes to designate a person to have access to the account and to act for the borrower;(6) the borrower wishes to block a person from having access to the account or to request that that person no longer act for the borrower; or(7) the borrower ceases to be eligible for service.", "sourceNote": "Source Note: The provisions of this §9.6 adopted to be effective November 16, 2008, 33 TexReg 9079; amended to be effective August 29, 2023, 48 TexReg 4640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214865&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214865", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "9", "label": "TALKING BOOK PROGRAM" }, "rule": { "number": "§9.7", "label": "Playback Equipment" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214866", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The playback machine is a digital talking book machine. Equipment may be distributed by the National Library Service to the agency for loan to borrowers, purchased by borrowers, or purchased by the agency for loan to borrowers. All loaned equipment is subject to be returned to the agency by borrowers when requested to do so. Damage or loss of equipment may cause a borrower's account to not be in good standing.(1) Loan period. Playback equipment may be loaned to any borrower who continues to meet eligibility requirements for service and who maintains an account in good standing. Equipment and accessories are loaned free of charge. A borrower may keep playback equipment for as long as the borrower remains in the program and maintains active status.(2) Replacement of equipment. An active borrower may request replacement of equipment if experiencing difficulty in using equipment or equipment does not operate properly. A borrower may be required to return current equipment before replacement equipment is sent to borrower.(3) Number of loaned equipment allowed. An active individual borrower may not have more than one of each type of playback equipment on loan at any given time. An active institutional borrower may have more than one of each type of playback equipment on loan at any given time if the institution serves a number of active individual borrowers and machines are available for loan.(4) Ownership of equipment and accessories. Some playback equipment, amplifiers, headphones, and remote controls distributed by the agency or the National Library Service are the property of the federal government. Any equipment purchased by the agency for loan to borrowers is the property of the agency.(5) Repair of playback equipment. Only the agency is authorized to make repairs to playback equipment on loan to Texas borrowers, or to make the determination that a machine is damaged beyond repair. A machine that needs repair must be returned to the agency, which will provide a replacement machine. Under no circumstances should a borrower or any other person attempt to repair the playback equipment or accessories.(6) Accessories for use with the digital talking book machine may be requested through the agency.(7) Non-transferal of equipment. Borrowers must not lend, sell, or otherwise transfer playback equipment to other persons.(8) Return of equipment. Playback equipment and accessories must be returned to the agency if the borrower ceases to actively use the service or no longer meets eligibility requirements for the service.(9) Lost and damaged machines. A borrower is responsible for the good upkeep of any equipment loaned to that borrower. A borrower who repeatedly damages or loses equipment will not receive an automatic replacement, and a moratorium on future loans may be placed on the borrower's account. Borrowers may also face suspension of services in cases of flagrant abuse of equipment.(10) Misuse of equipment. Borrowers who cause damage to equipment through negligence, intentional act, or failure to exercise reasonable care to safeguard or maintain the equipment or who use the equipment in an unauthorized manner may have their service suspended temporarily or permanently, depending on the severity or frequency of the damage or unauthorized use.(11) Recall of equipment. Equipment may be recalled for the following reasons:(A) periodic maintenance, either scheduled or unscheduled;(B) as part of a recall issued by the National Library Service;(C) for the purpose of repairing the machine;(D) for non-cooperation on the part of the borrower with staff who are implementing and/or enforcing program policies and procedures;(E) for a borrower's failure to adhere to the patron loan policy, the program's policies and procedures, and/or for abusive, destructive, or threatening behavior toward staff and property of National Library Service and of the agency;(F) when a borrower no longer meets eligibility requirements for service, ceases to be an active borrower, or is deceased; and(G) for any other reason or occasion, as determined by staff in accordance with policies and procedures of the program and/or guidelines provided by the National Library Service.(b) If a borrower's machine is recalled, a replacement machine will be issued, dependent on the reason for the recall and the availability of a replacement machine. In the case of a general or wide-ranging recall, staff will notify borrowers affected by the recall in as reasonable a timeframe as possible. A borrower who does not cooperate with staff in the recall of equipment may have the loan of that equipment revoked for a period of time in accordance with the program's policies and procedures. A moratorium on future loans of equipment also may be placed on the borrower's account.(c) Required audits of equipment. A borrower must cooperate with the agency in the auditing of any loaned equipment. Staff may conduct periodic, limited audits, in accordance with guidelines provided by the National Library Service, in which a set number of machines selected for audit must be located and reported as being in the assigned location. Staff may also conduct a regular audit of all equipment, in which all equipment must be located and accounted for. A borrower who does not cooperate with staff conducting an audit may have the loan of all equipment revoked and a moratorium on future loans of equipment placed on the account.", "sourceNote": "Source Note: The provisions of this §9.7 adopted to be effective November 16, 2008, 33 TexReg 9079; amended to be effective March 20, 2019, 44 TexReg 1437; amended to be effective August 29, 2023, 48 TexReg 4640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214866&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214866", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "9", "label": "TALKING BOOK PROGRAM" }, "rule": { "number": "§9.8", "label": "Books and Magazines" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214867", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Loan period. The loan period for books is 45 days. The loan period for magazines is 21 days. No fines for overdue books or magazines will be levied, although excessive overdues may result in suspension of service until overdue situation is resolved.(b) Ownership. Books and magazines in all formats are the property of state and/or federal government. Books or magazines identified as \"TSL\" are the property of the agency. Magazines distributed by the National Library Service are the property of the National Library Service.(c) Non-transferal of materials. Borrowers must not lend, sell, or otherwise transfer library books or magazines to other persons.(d) Return of books and magazines. Except for disposable Braille and large print materials, all books and magazines must be returned to the agency at the end of their loan period. National Library Service distributed magazines must be returned to the location listed on the mailing card or the label on the mailing container. If the borrower becomes ineligible or cancels service, all books and magazines must be returned to the agency regardless of whether the loan period has ended.", "sourceNote": "Source Note: The provisions of this §9.8 adopted to be effective November 16, 2008, 33 TexReg 9079; amended to be effective March 20, 2019, 44 TexReg 1437; amended to be effective August 29, 2023, 48 TexReg 4640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214867&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214867", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "9", "label": "TALKING BOOK PROGRAM" }, "rule": { "number": "§9.9", "label": "Availability of Materials" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138610&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "138610", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All materials that are available for distribution to borrowers are distributed either by specific request of the borrower or through an automated selection process based on an array of variables chosen by the borrower. The agency monitors borrowers' requests and attempts to keep items in stock that borrowers are likely to demand. Availability of items such as books and magazines are subject to the following circumstances:(1) popular demand for a particular item;(2) whether an item has been damaged and removed from the collection;(3) ability of staff to acquire and/or replace an item; or,(4) whether an item has been lost.(b) From time to time, shortages of books, equipment, and other items for distribution to borrowers may occur. In the event of a shortage that will be widespread or has the potential to be of some duration, the agency will institute a special process of distribution to ensure that items are made available to borrowers in an efficient and equitable manner. The type of process used will be determined by the specific type of shortage and in consultation with staff of the National Library Service.", "sourceNote": "Source Note: The provisions of this §9.9 adopted to be effective November 16, 2008, 33 TexReg 9079; amended to be effective August 29, 2023, 48 TexReg 4640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=138610&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "138610", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "9", "label": "TALKING BOOK PROGRAM" }, "rule": { "number": "§9.10", "label": "Use of Mail Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214868", "queryAsDate": "03/11/2026" }, "ruleBody": "Borrowers should return all materials through the United States Postal Service. No postage is required to return materials under current postal service regulations. All books, magazines, and equipment should be returned in its original packaging. When returning books, magazines, or equipment, the borrower must deliver the materials or equipment to the United States Postal Service by placing the items in a mailbox or taking them to a post office. Placing them on a doorstep for the mail carrier to pick up does not constitute delivery to the postal service and, if problems arise by use of this method, the borrower is responsible for the lost or damaged materials.", "sourceNote": "Source Note: The provisions of this §9.10 adopted to be effective November 16, 2008, 33 TexReg 9079." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214868&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214868", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "9", "label": "TALKING BOOK PROGRAM" }, "rule": { "number": "§9.11", "label": "Misuse of Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214869&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214869", "queryAsDate": "03/11/2026" }, "ruleBody": "The following actions may result in suspension of borrowing privileges:(1) repeated requests for replacement of equipment that has been damaged through negligence, maliciousness, or unauthorized repair;(2) excessive numbers of overdue books or magazines;(3) repeated loss or damage of books or magazines;(4) abusive, obscene, harassing, or threatening behavior to the agency and/or staff of the National Library Service;(5) providing access to/making available books or playback equipment to unauthorized persons;(6) violations of the Patron Loan Policy and/or other policies described in this chapter;(7) refusal to cooperate with the agency carrying out policies and procedures of the program;(8) not keeping borrower's account in good standing, as described in §9.3(c)(3) of this chapter (relating to Eligibility).", "sourceNote": "Source Note: The provisions of this §9.11 adopted to be effective November 16, 2008, 33 TexReg 9079; amended to be effective March 20, 2019, 44 TexReg 1437; amended to be effective August 29, 2023, 48 TexReg 4640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214869&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214869", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "9", "label": "TALKING BOOK PROGRAM" }, "rule": { "number": "§9.12", "label": "Notification of Potential Suspension" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214870", "queryAsDate": "03/11/2026" }, "ruleBody": "If a borrower is engaging in any activity described in §9.11 of this chapter (relating to Misuse of Service), the agency will contact the borrower and attempt to resolve the situation. In most cases, a warning letter will be sent stating that borrowing privileges will be suspended on a designated date if the borrower does not cease the misuse of service.", "sourceNote": "Source Note: The provisions of this §9.12 adopted to be effective November 16, 2008, 33 TexReg 9079; amended to be effective August 29, 2023, 48 TexReg 4640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214870&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214870", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "9", "label": "TALKING BOOK PROGRAM" }, "rule": { "number": "§9.13", "label": "Correction of Problem" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214871", "queryAsDate": "03/11/2026" }, "ruleBody": "If the borrower's response to a warning letter resolves the apparent problem or the borrower ceases the misuse of service by the designated date, and the borrower agrees to abide by agency policies in the future, no further action will take place at that time.", "sourceNote": "Source Note: The provisions of this §9.13 adopted to be effective November 16, 2008, 33 TexReg 9079; amended to be effective August 29, 2023, 48 TexReg 4640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214871&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214871", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "9", "label": "TALKING BOOK PROGRAM" }, "rule": { "number": "§9.14", "label": "Suspension of Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214872&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214872", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The agency may suspend a borrower's service if:(1) borrower requests suspension of service because of illness, temporary relocation, or other personal reasons;(2) borrower has not been active for a year;(3) staff of the National Library Service request suspension of the account;(4) the agency determines the borrower misused the service, as described in §9.11 of this chapter (relating to Misuse of Service); or(5) the agency identifies a problem with the account and the agency needs additional information from the borrower.(b) In the event of suspension under subsection (a)(3) and (a)(5) of this section, the agency will take the following actions:(1) attempt to contact the borrower and resolve the situation so that service may be restored;(2) determine an appropriate period of suspension if the situation warrants an extended suspension.(c) Suspension for cause generally will not exceed six months. In some instances, a longer suspension may be imposed after consultation with staff of the National Library Service. In the case of minor problems with the account, such as outdated or incorrect contact information, suspension is in effect until the problem is corrected or resolved.(d) Any suspension may be extended if the cause has not been resolved as of the end of the previous suspension.(e) Suspension of service may be limited only to the portion of service being misused. For example, if the misuse relates to Braille books, then Braille service would be suspended, but circulation of other formats would continue. The scope of the suspension will be determined by the extent of the cause and at the discretion of the agency.", "sourceNote": "Source Note: The provisions of this §9.14 adopted to be effective November 16, 2008, 33 TexReg 9079; amended to be effective August 29, 2023, 48 TexReg 4640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214872&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214872", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "9", "label": "TALKING BOOK PROGRAM" }, "rule": { "number": "§9.15", "label": "Reinstatement of Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214873", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If a borrower has voluntarily suspended service, then the borrower may contact the agency at any time to reinstate service. Service will be reinstated if less than five years have elapsed since service was suspended, the borrower still meets eligibility requirements, and the account is otherwise in good standing, as described in §9.3(c)(3) of this chapter (relating to Eligibility).(b) If service was automatically suspended because the borrower had not been active for one year, then the borrower may contact the agency at any time and request that service be reinstated. Service will be reinstated if less than five years have elapsed since service was suspended, the borrower still meets eligibility requirements, and the account is otherwise in good standing.(c) If a borrower has been suspended for cause, service may be reinstated when the cause has been resolved or the suspension has expired, depending on the cause of suspension. In the case of a lengthy suspension, the patron will receive instructions, as part of the suspension notification, as to how to reinstate service. The borrower must continue to meet eligibility requirements and the account must otherwise be in good standing.", "sourceNote": "Source Note: The provisions of this §9.15 adopted to be effective November 16, 2008, 33 TexReg 9079; amended to be effective August 29, 2023, 48 TexReg 4640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214873&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214873", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "9", "label": "TALKING BOOK PROGRAM" }, "rule": { "number": "§9.16", "label": "Termination of Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214874", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Service to eligible borrowers will not be permanently cancelled, although suspensions may be applied repeatedly. An account will be closed only under the following circumstances:(1) a borrower ceases to meet eligibility requirements;(2) a borrower requests that service be terminated; or,(3) a borrower ceases to be active.(b) A borrower's application and account information will remain on file for five years after the account has been closed, and the account may be reactivated at any time within the five years. After five years, the application and account information will be disposed of in accordance with the agency's approved records retention schedule. If a borrower wishes to reinstate service after five years, the borrower must file a new application as required by §9.4 of this chapter (relating to Application for Service).", "sourceNote": "Source Note: The provisions of this §9.16 adopted to be effective November 16, 2008, 33 TexReg 9079; amended to be effective August 29, 2023, 48 TexReg 4640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214874&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214874", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "9", "label": "TALKING BOOK PROGRAM" }, "rule": { "number": "§9.17", "label": "Transfer of Service" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214875", "queryAsDate": "03/11/2026" }, "ruleBody": "A borrower who has lived or will live outside the State of Texas for six months or longer will no longer be eligible to receive service through the agency and must return all books and magazines. At the borrower's request, the agency will make arrangements to have service transferred to the new state of residence.", "sourceNote": "Source Note: The provisions of this §9.17 adopted to be effective November 16, 2008, 33 TexReg 9079; amended to be effective August 29, 2023, 48 TexReg 4640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214875", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "9", "label": "TALKING BOOK PROGRAM" }, "rule": { "number": "§9.18", "label": "Reactivation of Accounts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214876", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any account that has been suspended may be reactivated within a five-year period if:(1) The borrower continues to meet eligibility requirements for service;(2) The account will be in good standing upon reactivation; and(3) The agency has received an application as required by §9.4 of this chapter (relating to Application for Service).(b) An account that has been closed for more than five years cannot be reactivated; the individual must file a new application.", "sourceNote": "Source Note: The provisions of this §9.18 adopted to be effective November 16, 2008, 33 TexReg 9079; amended to be effective August 29, 2023, 48 TexReg 4640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214876", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "10", "label": "ARCHIVES AND HISTORICAL RESOURCES" }, "rule": { "number": "§10.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "220364", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Accession--means the formal acceptance of an item or collection into the holdings of the State Archives and generally includes a transfer of title.(2) Agency--means the Texas State Library and Archives Commission as an agency of the state of Texas, including the staff, collections, archives, operations, programs, and property of the Texas State Library and Archives Commission.(3) Commission--means the seven-member governing body of the Texas State Library and Archives Commission.(4) Deaccession--means the permanent removal of an item or collection of items from the holdings of the State Archives.(5) Disposal--means the final disposition of an item or collection of items from the State Archives which may include transfer to another repository, sale, or destruction of the item or collection.(6) Item--means archival material, historical item, artifact, or museum piece in the custody of the State Archives, including the Sam Houston Regional Library and Research Center.(7) Reappraisal--means the review of items that have been previously appraised, which may result in the identification of materials that no longer merit permanent preservation and that are candidates for deaccessioning.(8) State archives--means the program of the Archives and Information Services Division of the Texas State Library and Archives Commission for the continued preservation of archival state records and historical resources.", "sourceNote": "Source Note: The provisions of this §10.1 adopted to be effective March 6, 2023, 48 TexReg 1293; amended to be effective August 29, 2023, 48 TexReg 4640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=220364&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "220364", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "10", "label": "ARCHIVES AND HISTORICAL RESOURCES" }, "rule": { "number": "§10.2", "label": "Public Access to Archival State Records and Other Historical Resources" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212958", "queryAsDate": "03/11/2026" }, "ruleBody": "(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 and §2.52 of this title (relating to Patron Registration and Customer Service).(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 government-issued 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 a registered patron 17 or older. One registered researcher 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 registered researchers 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.(b) The agency may restrict access to any original archival state record or other historical resource in its possession and provide only copies if, in the opinion of the state archivist, such access would compromise the continued preservation of the original item. The state archivist will consider the following factors in the consideration of requests for access to original archival state records or other historical resources:(1) physical condition of the archival state record or resource;(2) availability of a digital or other facsimile copy of the archival state record or resource;(3) the intrinsic or monetary value of the item to the State; and(4) any other factor that, in the opinion of the state archivist, may compromise the continued preservation of the original item.", "sourceNote": "Source Note: The provisions of this §10.2 adopted to be effective June 28, 2022, 47 TexReg 3663; amended to be effective March 6, 2023, 48 TexReg 1293; amended to be effective August 29, 2024, 49 TexReg 6445." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212958&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212958", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "10", "label": "ARCHIVES AND HISTORICAL RESOURCES" }, "rule": { "number": "§10.3", "label": "Loan and Exhibition of State Archives" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "216884", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.(d) Loan Period. Except as provided in subsection (e), the maximum loan period for any item is six months, unless the agency determines the loan is in the best interest of the state or will provide a benefit to the agency related to public education, outreach, publicity, or promotion of the agency's mission. The director and librarian may recall a loaned item for good cause at any time and will attempt to give reasonable notice thereof.(e) Special circumstances. Loan requests and loan periods for certain items are subject to additional requirements and conditions as follows:(1) The maximum loan period for textiles, flags, artworks, photographic materials, documents with faded or vulnerable inks, or any other especially light sensitive or fragile items is three months;(2) Requests for loan of the original signed manuscript and the printed broadside copy of the Texas Declaration of Independence, the Constitution of Texas (including original drafts), treaties of the Republic of Texas, the Travis Letter, and other items of particular historical significance as determined by the state archivist must be submitted at least 12 months prior to expected loan receipt date and require formal approval of the commission in an open meeting, and:(A) The maximum loan period is 30 days unless the commission determines the exhibition is of special state or national significance; and(B) Requests may be approved in less than 12 months, but in no event less than six months, if the director and librarian recommends waiver of the 12-month requirement and the commission approves.(f) Loan Agreement. A borrower must sign a written loan agreement documenting the borrower's commitment to compliance with this section and any additional conditions appropriate for the specific loan. Additional conditions may include, but are not limited to, the following:(1) Borrower may not display items in a location or exhibition other than that cited on the loan agreement without prior written permission from the director and librarian;(2) Borrower may not transfer physical custody of loaned items to another institution or third party without prior written permission from the director and librarian;(3) Borrower may not alter, clean, or repair loaned items, perform any conservation treatment, or remove a document from a housing provided by the agency without prior written permission from the director and librarian; and(4) Borrower will notify the agency promptly if any agreed upon conditions change during the course of exhibition of the item.(g) Security and Environmental Conditions.(1) Items must be displayed in a facility equipped with a networked fire monitoring and alarm system with an automatic aqueous or non-aqueous clean agent fire suppression system and fire protection equipment as described in National Fire Protection Association-Standard for the Protection of Cultural Resources Including Museums, Libraries, Places of Worship, and Historic Properties (NFPA909-2021).(2) Items on loan must be secure at all times. Professional security guards or other trained personnel must regularly patrol exhibition areas during hours of public access. The borrower must have sufficient 24-hour guards or a 24-hour electronic security system to effectively monitor and protect the exhibition, storage, and preparation areas at all times. The commission may require continuous 24-hour onsite guard by a Licensed Texas Peace Officer, Texas Department of Public Safety officer, licensed Texas security guard, or an equivalent officer or guard within the borrower's jurisdiction if the borrower is located in a state other than Texas.(3) Temperature and humidity levels must be monitored and controlled. A temperature of 70 degrees Fahrenheit, plus or minus 5 degrees, and a relative humidity of 50% plus or minus 5% without rapid fluctuations must be maintained in the storage, preparation, and exhibition areas. Before approving a loan and while items are on loan, the director and librarian may request copies of temperature and humidity readings from the borrower to verify these requirements.(4) Exhibit venue must be a stationary weather-tight structure with a permanent foundation. Display in portable or temporary buildings or in vehicles is prohibited.(5) Exhibition cases must be clean, dust-proof, and secured with locks or security screws. Exhibit must be case set into or affixed to a permanent wall, anchored to the floor or foundation, or of such substantial construction as to be immovable without special equipment. Frames must also be clean, dust-proof, and secured to the wall with security screws or other hanging methods approved by the director and librarian. Glass or acrylic sheeting, such as plexiglass, lucite, or polycast must protect all materials displayed in frames or cases. The director and librarian may specify grades of acrylic sheeting that filter ultraviolet light for materials that are especially light sensitive.(6) The exhibition must be monitored daily to ensure security and stability of documents within the cases and frames as well as adequate maintenance and cleaning of the exhibit area.(7) Eating, drinking, and smoking must be prohibited in the storage, preparation, and exhibition areas.(h) Lighting Conditions.(1) Incandescent or LED lights are the preferred lighting types for exhibition lighting. All light sources must be filtered to remove the ultraviolet component.(2) When lighting items exhibited in a case, exterior lights shall be used whenever possible. If interior case lights are used, fluorescent or LED lights with ultraviolet filters are preferable to ensure a minimal effect on temperature in the case.(3) No items may be exhibited where they will be exposed to direct or unfiltered sunlight.(4) The allowable light level for display of certain items of particular historical significance, as determined by the state archivist, is an illumination of no more than 5 foot-candles or 53.8 lux, measured near the surface of the exhibited item. Exhibits with adjustable fiber optic illumination are preferred. The allowable range of illumination for all other items is 5 - 7 foot-candles or 53.8 - 75.3 lux, where a smaller numerical reading is preferred.(i) Handling and Installation.(1) Items may be handled and installed only by a curator, archivist, registrar, exhibit technician, or conservator under contract to or on the staff of the borrower.(2) The agency may encapsulate or mat documents for loan to minimize dangers associated with handling and exhibition. No item borrowed for exhibition may be altered, cleaned, repaired, or removed from housing provided by the agency without first obtaining written permission from the director and librarian.(3) The agency may directly supervise the installation of its items.(4) All items must be handled, supported, and conveyed by means that will prevent damage during transport to and from the borrowing institution and within it.(5) All items must be given sufficient physical support to prevent damage during exhibition.(j) Inspections.(1) An agency staff member may inspect the exhibition area before the loan is approved. If, after an agency staff inspection, in the opinion of the director and librarian any loan requirement cannot be met, the loan will not be made.(2) Agency staff members or personnel designated by the director and librarian may inspect loaned items at any time during the period of the loan. If agency staff identify any requirement of this section not being met and the borrower is unable to correct the deficiency in a reasonable period of time, the loan will be terminated and the agency will recall the item.(k) Packing and Transportation.(1) Unless the agency specifies otherwise, agency staff will pack items going out on loan. The borrower is responsible for packing loan items to return to the agency. All items must be given sufficient support and protection to prevent damage during transit.(2) The borrower will pay all costs associated with shipping or transporting the items on loan from the agency. Shipping arrangements will be made in consultation with the agency.(3) Transportation for certain items of particular historical significance, as determined by the state archivist, to and from the borrower location will generally require the services of a DPS escort, armored security contractor, or bonded security courier. The borrower will be responsible for costs associated with transportation and security. The location of the venue and distance from the agency, as well as mode of transportation required to deliver the loan item, will be considered in evaluating the request.(l) Insurance. Prior to loaning an item, a borrower must provide evidence of all-risk insurance coverage adequate to cover the assigned monetary values for all loaned items from the time the items leave the agency until the time of return. The agency may assign insurance values for loan items at its discretion, based on a new, previous, or similar appraisals or estimates, adjusted if necessary. If an appraised or estimated insurance value is not available, the borrower may be required to pay for an appraisal by a qualified, reputable, and mutually agreed upon appraiser.(m) Publicity and Credit.(1) The director and librarian must approve any plans to reproduce loaned items for exhibition-related publications, other publications, and publicity purposes.(2) Agency materials on exhibition may be photographed by the general public without the use of flash or tripod.(3) In the exhibition and related publicity, the agency must receive clear and prominent credit. The following credit line shall be used: Archives and Information Services Division, Texas State Library and Archives Commission.", "sourceNote": "Source Note: The provisions of this §10.3 adopted to be effective March 6, 2023, 48 TexReg 1293." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=216884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "216884", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "10", "label": "ARCHIVES AND HISTORICAL RESOURCES" }, "rule": { "number": "§10.4", "label": "Reappraisal and Deaccessioning of Items" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214877", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.(c) Items may only be deaccessioned if a majority of the Deaccession Workgroup votes to recommend deaccession and the state archivist approves. The state archivist will notify the director and librarian prior to final approval of deaccessioning of items.(d) The agency will determine the appropriate method by which to dispose of a deaccessioned item, which may include, but is not limited to, the following:(1) Items may be transferred to a repository with an appropriate collecting scope;(2) Items that are state records will be destroyed by the agency;(3) For any other non-government records, the agency will make a reasonable effort to locate the original donor to return the deaccessioned item, unless the donor claimed a charitable donation tax deduction. To return a donated item to the original donor:(A) Donor(s) must sign a written acknowledgment attesting to the fact that a tax deduction was not claimed;(B) If the donor is deceased, any claimant requesting return in lieu of the donor must present a notarized statement that he/she is either the sole party at interest or authorized to represent all parties at interest, along with providing supporting proof; and(C) If the original donor cannot be located, these items may be offered to another repository or destroyed;(4) Any item whose condition could endanger individuals or other items will be destroyed; and(5) The sale of any deaccessioned materials will be approved by the Commission and the funds will be used to preserve state archival records and other historical resources and to make the records and resources available for research.(e) If an item or collection of items approved for deaccession has been logged in the accession log as \"on loan' to the agency or has unknown provenance, staff will follow the procedures in Property Code, Chapter 80 (relating to Ownership, Conservation, and Disposition of Property Loaned to Museum) regarding ultimate disposition of the item or items.(f) Upon deaccession, the agency relinquishes title to the object or collection, except in the case of theft or loss. If deaccessioning is due to theft or loss, the agency will retain title to the item for the state in case it is ever recovered.", "sourceNote": "Source Note: The provisions of this §10.4 adopted to be effective March 6, 2023, 48 TexReg 1293; amended to be effective March 6, 2024, 49 TexReg 1261." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214877", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "1", "label": "TEXAS STATE LIBRARY AND ARCHIVES COMMISSION" }, "chapter": { "number": "10", "label": "ARCHIVES AND HISTORICAL RESOURCES" }, "rule": { "number": "§10.5", "label": "Transfer of State Agency Records to the State Archives" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167423", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.", "sourceNote": "Source Note: The provisions of this §10.5 adopted to be effective August 29, 2023, 48 TexReg 4640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167423", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.1", "label": "Commission Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187238", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Texas Historical Commission shall hold regular quarterly meetings. The commission may hold such other meetings at such other times and places as it may schedule in formal session. The chair may call special meetings of the commission at his or her discretion, provided that 10-days' notification is given to the commission. The chair shall call special meetings of the commission at any time upon written request to the chair signed by six or more members, provided that 10-days' notification is given to the commission.(b) A majority of the membership of the commission constitutes a quorum authorized to transact businesses of the commission.(c) No proxies are allowed.", "sourceNote": "Source Note: The provisions of this §11.1 adopted to be effective December 31, 1984, 9 TexReg 6315; amended to be effective July 9, 1996, 21 TexReg 5971; amended to be effective September 2, 2013, 38 TexReg 5709." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187238&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187238", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.2", "label": "Election of Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167428", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) At the last quarterly meeting of even-numbered years, the chair shall appoint three people to serve on a nominating committee, and shall also appoint a chair of that committee. The positions available for nomination shall be the vice chair and secretary.(b) The nominating committee will nominate only one person for each elective office. The committee shall contact each person it wishes to nominate in order to obtain the person's acceptance of nomination. A commission member may hold only one office at a time.(c) The nominating committee will present its report of nominees at the first commission meeting of odd-numbered years. The chair shall call for further nomination from the floor. After all nominations are made, the chair will close the nominations and ask for a vote by voice or show of hands. If there is a simple majority for one person for each elective office, those people are elected. If there is not a majority for any one person for each office, the commission shall hold an election runoff for each office between the two people receiving the highest number of votes for that office. The chair will only vote to make or break ties.", "sourceNote": "Source Note: The provisions of this §11.2 adopted to be effective December 31, 1984, 9 TexReg 6315; amended to be effective July 9, 1996, 21 TexReg 5971; amended to be effective September 2, 2013, 38 TexReg 5709; amended to be effective January 2, 2018, 42 TexReg 7677." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167428&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167428", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.3", "label": "Filling Vacancies" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167424", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In the event of a vacancy in any elective office of the commission, an election shall be held at the next commission meeting, except the first commission meeting of odd-numbered years, to fill such vacancy.(b) The chair shall call for nominations from the floor. After all nominations are made, the chair will close the nominations and ask for discussion. Upon the close of discussion, the chair will ask for a vote by voice or show of hands. If there is a simple majority for one person, that person is elected. If there is not a majority for any one person, an election runoff shall immediately be held between the two people receiving the highest number of votes. The chair will only vote to make or break ties.", "sourceNote": "Source Note: The provisions of this §11.3 adopted to be effective December 31, 1984, 9 TexReg 6315; amended to be effective July 9, 1996, 21 TexReg 5971; amended to be effective September 2, 2013, 38 TexReg 5709." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167424&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167424", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.4", "label": "Duties of Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187239", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The chair shall perform such duties as are properly required of him or her by the commission. He or she shall preside at all meetings. He or she shall have general supervision of the affairs of the commission, and shall have authority to interpret and carry out all policies established by its members. He or she shall answer directly to the commission. The chair appoints all committees as he or she deems necessary, and is an ex officio member of all committees except the nominating committee.(b) The vice-chair shall perform such duties as the commission or the chair may direct, and shall preside in the absence of the chair.(c) The secretary shall certify the minutes of all meetings of the commission and shall perform such other duties as may be prescribed by the commission or the chair. The secretary shall preside in the absence of the chair and the vice-chair.", "sourceNote": "Source Note: The provisions of this §11.4 adopted to be effective December 31, 1984, 9 TexReg 6315; amended to be effective July 9, 1996, 21 TexReg 5971; amended to be effective September 2, 2013, 38 TexReg 5709." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187239", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.5", "label": "Executive Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167426&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167426", "queryAsDate": "03/11/2026" }, "ruleBody": "This committee consists of the chair, vice-chair, secretary, and immediate past chair of the Texas Historical Commission, as well as other members of the commission appointed by the chair. The committee may act on behalf of the Full Commission with its advance approval, or such action may be placed on the agenda of the next meeting of the Commission for ratification.", "sourceNote": "Source Note: The provisions of this §11.5 adopted to be effective December 31, 1984, 9 TexReg 6315; amended to be effective September 2, 2013, 38 TexReg 5709; amended to be effective January 2, 2018, 42 TexReg 7678." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167426&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167426", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.6", "label": "Conduct of Meeting" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167429", "queryAsDate": "03/11/2026" }, "ruleBody": "The chair, or in his or her absence, the vice-chair, shall preside at all meetings of the commission and shall make such parliamentary rulings as are reasonably necessary to carry out the business of the commission.", "sourceNote": "Source Note: The provisions of this §11.6 adopted to be effective December 31, 1984, 9 TexReg 6315; amended to be effective September 2, 2013, 38 TexReg 5709." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167429&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167429", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.7", "label": "Code of Conduct and Ethics Policy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167430&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167430", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.(c) A financial benefit includes, but is not limited to, grant money, contract, subcontract, royalty, commission, contingency, brokerage fee, gratuity, favor, or any other thing of pecuniary value.(d) Ethics Policy.(1) Pursuant to §572.051(c) of the Texas Government Code, the commission promulgates the following ethics policy.(2) This ethics policy prescribes standards of conduct for all commission employees.(3) This ethics policy does not supersede any applicable federal or Texas law or administrative rule.(4) All commission employees must familiarize themselves with this ethics policy.(5) All commission employees must abide by all applicable federal and Texas laws, administrative rules, and commission conduct policies, including this ethics policy. A commission employee who violates any provision of the commission's ethics policies is subject to termination of the employee's state employment or another employment-related sanction. A commission employee who violates any applicable federal or Texas law or rule may be subject to civil or criminal penalties in addition to any employment-related sanction.(e) Standards of Conduct.(1) A commission employee shall not:(A) accept or solicit any gift, favor, or service that might reasonably tend to influence the employee in the discharge of official duties, or that the employee knows or should know is being offered with the intent to influence the employee's official conduct;(B) intentionally or knowingly solicit, accept, or agree to accept any benefit for having exercised his or her official powers or performed his or her official duties in favor of another;(C) disclose confidential information, information that is excepted from public disclosure under the Texas Public Information Act (Texas Government Code Annotated Chapter 552), or information that has been ordered sealed by a court, that was acquired by reason of the employee's official position, or accept other employment, including self-employment, or engage in a business, charity, nonprofit organization, or professional activity that the employee might reasonably expect would require or induce the employee to disclose confidential information, information that is excepted from public disclosure under the Texas Public Information Act, or information that has been ordered sealed by a court, that was acquired by reason of the employee's official position;(D) accept other employment, including self-employment, or compensation or engage in a business, charity, nonprofit organization, or professional activity that could reasonably be expected to impair the employee's independence of judgment in the performance of the employee's official duties;(E) make personal investments, or have a personal or financial interest, that could reasonably be expected to create a substantial conflict between the employee's private interest and the public interest;(F) utilize state time, property, facilities, or equipment for any purpose other than official state business, unless such use is reasonable and incidental and does not result in any direct cost to the state or commission, interfere with the employee's official duties, and interfere with commission functions;(G) utilize his or her official position, or state issued items, such as a badge, indicating such position for financial gain, obtaining privileges, or avoiding consequences of illegal acts;(H) knowingly make misleading statements, either oral or written, or provide false information, in the course of official state business; or(I) engage in any political activity while on state time or utilize state resources for any political activity.(2) A commission employee shall:(A) perform his or her official duties in a lawful, professional, and ethical manner befitting the state and the commission; and(B) report any conduct or activity that the employee believes to be in violation of this ethics policy to his or her division director, or, if the division director is involved in the conduct or activity, to the executive director.", "sourceNote": "Source Note: The provisions of this §11.7 adopted to be effective December 31, 1984, 9 TexReg 6315; amended to be effective July 9, 1996, 21 TexReg 5971; amended to be effective March 10, 2009, 34 TexReg 1583; amended to be effective September 2, 2013, 38 TexReg 5709." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167430&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167430", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.8", "label": "Use of Buildings and Grounds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167431", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Use requests. Requests for use of Gethsemane Church, Carrington-Covert House, Christianson-Leberman Building, and grounds shall be made in writing to the executive director not less than four weeks prior to the date of intended use. The executive director may, at his discretion, prohibit use of the buildings or grounds if such use would destroy, damage, or threaten to destroy or damage the properties or would require overtime work by commission employees. Intended use may not interfere with any regular, daily use of Gethsemane Church, Carrington-Covert House, Christianson-Leberman Building, or grounds.(b) Expenses for use of properties. Any person or organization that uses the buildings or grounds listed in subsection (a) of this section shall reimburse the Texas Historical Commission for utilities consumed during the period of use, for staff time required for supervision of the activity, and the extra janitorial work required before and after such use.(c) Liability for use of properties. People using the buildings and grounds listed in subsection (a) of this section will be liable for any damage to state property as a result of their activity.", "sourceNote": "Source Note: The provisions of this §11.8 adopted to be effective December 31, 1984, 9 TexReg 6315; amended to be effective July 9, 1996, 21 TexReg 5971; amended to be effective September 2, 2013, 38 TexReg 5709." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167431&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167431", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.9", "label": "Donations and Relationship with Affiliated Non-Profit Organizations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167432", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.(b) Relationship with Affiliated Non-Profit Organization(1) The commission is authorized to participate in the establishment and operation of an affiliated nonprofit organization whose purpose is to raise funds for or provide services or other benefits to the commission by Texas Government Code §442.005(p).(2) The commission, by vote of the commission in a duly posted meeting, may authorize the establishment of a contractual relationship with a non-profit organization for any purpose authorized by law and in compliance with this section.(3) The contract or other agreement with the affiliated non-profit organization shall set out fully the relationship between the commission and the affiliated non-profit organization, and shall meet the following requirements:(A) Administration and investment of funds received by the organization for the benefit of the commission.(i) All records of the affiliated non-profit organization shall be available for inspection or audit by the commission or its designee.(ii) A representative of the affiliated non-profit organization shall regularly report to the commission on the operations of the affiliated non-profit organization.(iii) Funds or other assets of the affiliated non-profit organization shall be administered and invested in a manner to be provided in the contract or other agreement. At a minimum, funds received by the affiliated non-profit organization shall be handled as follows:(I) Funds shall be placed in an account at a financial institution within ten business days of receipt.(II) Funds shall be placed in an interest-bearing or other investment account in accordance with the investment policy of the affiliated nonprofit organization.(III) Funds shall be used only to support approved projects of the commission or to pay administrative expenses of an affiliated non-profit organization.(IV) Employees of the commission shall not be signatories on accounts of an affiliated non-profit organization.(B) Use of an employee or property of the agency by the affiliated non-profit organization.(i) Staff of the commission may assist in the operation of the affiliated non-profit organization during regular work hours only with the written approval of the executive director.(ii) Staff involved in regulatory functions of the commission shall not participate in the management of the affiliated non-profit organization except on a case-by-case basis with the written approval of the executive director. All staff involved in the development of grant proposals may provide subject-matter expertise for the grant proposals, including, with the written approval of the executive director, participating in the presentation of grant proposals to potential donors.(iii) Property of the commission may be used in support of an affiliated non-profit organization so long as the use serves a public purpose and is within the limitations of this section and any contract or agreement between the commission and the affiliated non-profit organization. Any state property entrusted to the affiliated non-profit organization must remain on the inventory of the commission and be properly accounted for in accordance with state agency requirements.(iv) The commission may provide office space, pay utilities, and pay other expenses of an affiliated non-profit organization as long as any such expense serves a public purpose and is within the limitations of this section and any contract or agreement between the commission and the affiliated non-profit organization.(4) Prohibitions in relationship with affiliated non-profit organization.(A) An employee of the commission may not also serve as an employee, elected officer or director of an affiliated non-profit organization. An employee of the commission may serve as an ex officio, non-voting director of an affiliated non-profit organization.(B) A commissioner or employee of the commission shall not receive monetary enrichment from the affiliated non-profit organization except with the approval of the executive director, or, in the case of the executive director or a commissioner, with the approval of the commission.(5) The commission may recommend or nominate individuals to serve as officers, directors, or employees of an affiliated non-profit organization.(6) The commission shall have a formal liaison committee or other, similar group to monitor the operation of an affiliated non-profit organization.(7) An affiliated non-profit organization will not knowingly accept donations from organizations or individuals administering grants from the commission or which have contracts with the commission. Should such a donation be accepted, it shall be returned upon discovery of such a relationship.(8) An affiliated non-profit organization may not expend funds for the purpose of influencing legislative action, either directly or indirectly.(9) The commission shall review its relationship with an affiliated non-profit organization on a schedule to be established by the commission, but not less than once every 10 years.(c) The provisions of this rule shall not apply to non-profit organizations created for the support of individual state historic sites. Such organizations are subject to regulation in §16.7 of this title (relating to Friends Organizations).", "sourceNote": "Source Note: The provisions of this §11.9 adopted to be effective December 31, 1984, 9 TexReg 6315; amended to be effective July 9, 1996, 21 TexReg 5971; amended to be effective November 29, 2006, 31 TexReg 9599; amended to be effective September 2, 2013, 38 TexReg 5709." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167432", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.11", "label": "Restrictions on Assignment of Vehicles" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167433", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) THC--The Texas Historical Commission.(2) Executive Director--The Executive Director of the Texas Historical Commission or the Executive Director's designee not below the level of division director.(b) Motor pool. Each THC vehicle, with the exception of a vehicle assigned to a field employee, will be assigned to the THC motor pool and is available for checkout.(c) Regular vehicle assignment. The THC may assign a vehicle to an individual administrative or executive employee on a regular or everyday basis only if the Executive Director makes a documented finding that the assignment is critical to the needs and mission of the department.", "sourceNote": "Source Note: The provisions of this §11.11 adopted to be effective October 7, 2001, 26 TexReg 7528; amended to be effective September 2, 2013, 38 TexReg 5909." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167433", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.12", "label": "Limitations on Responses to Public Information Requests" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167434", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The reasonable limit on the amount of time that personnel of the commission are required to spend producing public information for inspection or duplication by a single requestor, or providing copies of public information to a requestor, without recovering its costs attributable to that personnel time is set at 36 hours for each fiscal year of the commission, from September 1 to August 31.(b) A single requestor includes a request for public information submitted in the name of a minor, as defined by §101.003(a), Texas Family Code, included in the calculation of the cumulative amount of time spent complying with a request for public information by a parent, guardian, or other person who has control of the minor under a court order and with whom the minor resides, unless that parent, guardian, or other person establishes that another person submitted that request in the name of the minor.(c) A single requestor includes members, officers, employees, agents, or representatives of a single corporation, firm, partnership, joint venture, familial unit, or other similar entity acting in concert to request public information from the commission.(d) Each time the commission complies with a request for public information, the commission shall provide the requestor with a written statement of the amount of personnel time spent complying with that request and the cumulative amount of time spent complying with requests for public information from that requestor during the applicable 12-month period. The amount of time spent preparing the written statement may not be included in the amount of time included in the statement provided to the requestor under this subsection.(e) If in connection with a request for public information, the cumulative amount of personnel time spent complying with requests for public information from the same requestor equals or exceeds the limit established by the commission under subsection (a) of this section, the commission shall provide the requestor with a written estimate of the total cost, including materials, personnel time, and overhead expenses, necessary to comply with the request. The written estimate must be provided to the requestor on or before the 10th day after the date on which the public information was requested. The amount of this charge relating to the cost of locating, compiling, and producing the public information shall be calculated in accordance with rules prescribed by the attorney general under Texas Government Code §552.262(a) and (b).(f) If the commission determines that additional time is required to prepare the written estimate under subsection (e) of this section and provides the requestor with a written statement of that determination, the commission will provide the written statement under that subsection as soon as practicable, but on or before the 10th day after the date the commission provided the statement under this subsection.(g) If a commission provides a requestor with the written statement under subsection (e) of this section, the commission is not required to produce public information for inspection or duplication or to provide copies of public information in response to the requestor's request unless on or before the 10th day after the date the commission provided the written statement under that subsection, the requestor submits a statement in writing to the commission in which the requestor commits to pay the lesser of:(1) the actual costs incurred in complying with the requestor's request, including the cost of materials and personnel time and overhead; or(2) the amount stated in the written statement provided under subsection (e) of this section.(h) If the requestor fails or refuses to submit the written statement under subsection (g) of this section, the requestor is considered to have withdrawn the requestor's pending request for public information.(i) This section does not prohibit the commission from providing a copy of public information without charge or at a reduced rate under Texas Government Code §552.267 or from waiving a charge for providing a copy of public information under that section.(j) This section does not apply if the requestor is a representative of:(1) a radio or television station that holds a license issued by the Federal Communications Commission; or(2) a newspaper that is qualified under Texas Government Code §2051.044 to publish legal notices or is a free newspaper of general circulation and that is published at least once a week and available and of interest to the general public in connection with the dissemination of news.(k) This section does not apply if the requestor is an elected official of the United States, this state, or a political subdivision of this state.(l) This section does not apply if the requestor is a representative of a publicly funded legal services organization that is exempt from federal income taxation under §501(a), Internal Revenue Code of 1986, as amended, by being listed as an exempt entity under §501(c)(3) of that code.(m) If the charges for labor to a requestor are applicable under this section, the commission shall not waive or reduce those charges.", "sourceNote": "Source Note: The provisions of this §11.12 adopted to be effective March 11, 2009, 34 TexReg 1584; amended to be effective August 31, 2009, 34 TexReg 5906." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167434", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.13", "label": "Formal Bid Protest Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167435&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "167435", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.(c) A formal protest shall be addressed to the executive director and must be sworn and contain the following:(1) a specific identification of a statutory or regulatory provision(s) that the action complained of is alleged to have violated;(2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this subsection;(3) a precise statement of the relevant facts;(4) an identification of the issue or issues to be resolved;(5) argument and authorities in support of the protest; and(6) a statement that copies of the protest have been mailed or delivered to all other identifiable interested parties. Upon request, the commission will furnish to the requestor a list of interested parties, as reflected in the records of the commission.(d) The executive director may request additional information from the party submitting the protest, any other interested party, or commission staff.(e) If the protest is not resolved by mutual agreement, the executive director will issue a written determination of the protest.(1) If the executive director determines that no violation of rules or statutes has occurred, he shall so inform the protesting party by letter which sets forth the reasons for the determination.(2) If the executive director determines that a violation of the rules or statutes has occurred, he shall so inform the protesting party by letter which sets forth the reasons for the determination and the appropriate remedial action.(f) A decision by the executive director shall be the final administrative action.(g) The commission will maintain all documentation about the purchasing process to be used in the event of a protest or appeal in accordance with the commission's record retention schedule.", "sourceNote": "Source Note: The provisions of this §11.13 adopted to be effective May 18, 2009, 34 TexReg 2947." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=167435&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "167435", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.14", "label": "Negotiated Rulemaking and Alternative Dispute Resolution" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "224006", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.(b) Alternative Dispute Resolution (ADR).(1) The commission's policy is to encourage the resolution and early settlement of internal and external disputes, including contested cases, through voluntary settlement processes, which may include any procedure or combination of procedures described by Chapter 154, Civil Practice and Remedies Code. Any ADR procedure used to resolve disputes before the commission shall comply with the requirements of Chapter 2009, Government Code, and any model guidelines for the use of ADR issued by the State Office of Administrative Hearings.(2) The commission's deputy executive director or his designee shall be the commission's dispute resolution coordinator (DRC). The DRC shall perform the following functions, as required:(A) coordinate the implementation of the policy set out in subsection (a) of this section;(B) serve as a resource for any staff training or education needed to implement the ADR procedures; and(C) collect data to evaluate the effectiveness of ADR procedures implemented by the commission.(3) The commission, a committee of the commission, a respondent in a disciplinary matter pending before the commission, the executive director, or a commission employee engaged in a dispute with the executive director or another employee, may request that the contested matter be submitted to ADR. The request must be in writing, be addressed to the DRC, and state the issues to be determined. The person requesting ADR and the DRC will determine which method of ADR is most appropriate. If the person requesting ADR is the respondent in a disciplinary proceeding, the executive director shall determine if the commission will participate in ADR or proceed with the commission's normal disciplinary processes.(4) Any costs associated with retaining an impartial third party mediator, moderator, facilitator, or arbitrator, shall be borne by the party requesting ADR.(5) Agreements of the parties to ADR must be in writing and are enforceable in the same manner as any other written contract. Confidentiality of records and communications related to the subject matter of an ADR proceeding shall be governed by §154.073 of the Civil Practice and Remedies Code.(6) If the ADR process does not result in an agreement, the matter shall be referred to the commission for other appropriate disposition.", "sourceNote": "Source Note: The provisions of this §11.14 adopted to be effective May 18, 2009, 34 TexReg 2948; amended to be effective September 2, 2013, 38 TexReg 5909." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=224006&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "224006", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.15", "label": "Advisory Committees and Boards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184720&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "184720", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) As provided by Texas Government Code, §442.005(r) the commission may establish advisory committees or boards to advise the commission on archeological and historical matters. (b) Section 26.5 of this title (relating to Antiquities Advisory Board) provides for the creation of an Antiquities Advisory Board whose purpose, tasks and manner for reporting to the agency are defined therein. Said Board shall be abolished or reauthorized by rule on or before December 31, 2031. (c) Section 15.3 of this title (relating to State Board of Review/National Register) provides for the creation of a State Board of Review whose purpose, tasks and manner for reporting to the agency are defined therein. Said Board shall be abolished or reauthorized by rule on or before December 31, 2031. (d) Section 17.1 of this title (relating to Texas Preservation Trust Fund) provides for the creation of a Texas Preservation Trust Fund Advisory Board whose purpose, tasks and manner for reporting to the agency are defined therein. Said Board shall be abolished or reauthorized by rule on or before December 31, 2031. (e) Pursuant to Chapter 2110 of the Texas Government Code the commission shall annually evaluate the work, usefulness, and cost effectiveness of these advisory committees or boards, and report the same to the Legislative Budget Board biennially with the agency's request for appropriations.", "sourceNote": "Source Note: The provisions of this §11.15 adopted to be\r\neffective December 29, 2013, 38 TexReg 9352; amended to be effective\r\nFebruary 23, 2025, 50 TexReg 834." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=184720&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "184720", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.16", "label": "Dual Office Holding" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174849&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174849", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Texas Government Code Chapter 574 (Dual Office Holding), an employee of the commission who is a non-elective state officer may not accept an offer to serve in another non-elective office unless the officer obtains from the commission a finding that the officer has satisfied Article XVI, Section 40, of the Texas Constitution.(b) The minutes of the commission meeting shall include any findings made under Texas Government Code Chapter 574.(c) Adoption of this rule is required of state agencies by Texas Government Code §574.003.", "sourceNote": "Source Note: The provisions of this §11.16 adopted to be effective November 30, 2015, 40 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174849&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174849", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.17", "label": "Employee Training and Education" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174850", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.(d) Commission employees may be required to complete an education or training program related to the employee's duties or prospective duties as a condition of employment.(e) Participation in an education or training program requires the appropriate level of approval prior to participation and is subject to the availability of funds within the commission's budget.(f) The employee education and training program for the agency may include:(1) mandatory agency-sponsored training required for all employees;(2) education relating to technical or professional certifications and licenses;(3) education and training relating to the promotion of employee development;(4) employee-funded external education;(5) agency-funded external education; and(6) other agency-sponsored education and training determined by the agency to fulfill the purposes of the State Employees Training Act.(g) The commission's Executive Director shall designate an administrator of the agency's education and training program.(h) The administrator shall develop policies for administering each of the components of the employee education and training program. These policies shall include:(1) eligibility requirements for participation;(2) approval procedures for participation; and(3) obligations of program participants.(i) Approval to participate in any portion of the commission's education and training program shall not in any way affect an employee's at-will status or constitute a guarantee or indication of continued employment, nor shall it constitute a guarantee or indication of future employment in a current or prospective position.(j) Permission to participate in any education and training program may be withdrawn if the agency determines that participation would negatively impact the employee's job duties or performance.(k) All materials received by an employee through commission-funded training or education are the property of the commission.(l) Adoption of this rule is required of state agencies by Texas Government Code, §656.048.", "sourceNote": "Source Note: The provisions of this §11.17 adopted to be effective November 30, 2015, 40 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174850&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174850", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.18", "label": "Sick Leave Pool" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174851", "queryAsDate": "03/11/2026" }, "ruleBody": "A sick leave pool is established to alleviate hardship caused to an employee and the employee's immediate family if a catastrophic injury or illness forces the employee to exhaust all eligible leave time earned by that employee and to lose compensation time from the state.(1) The commission's Executive Director shall designate a pool administrator.(2) The pool administrator will recommend a policy, operating procedures, and forms for the administration of this section for approval by the Executive Director.(3) Operation of the pool shall be consistent with Texas Government Code, Chapter 661, Subchapter A. State Employee Sick Leave Pool.(4) Adoption of this rule is required of state agencies by Texas Government Code §661.002.", "sourceNote": "Source Note: The provisions of this §11.18 adopted to be effective November 30, 2015, 40 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174851&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174851", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.19", "label": "Petition for Rulemaking" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174852", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.(c) The Executive Director or the Executive Director's designee shall evaluate the merits of the proposal.(d) In accordance with the Government Code, §2001.021(c), the commission shall respond to the petitioner within 60 days of receipt of the petition. The response shall:(1) advise that rulemaking proceedings will be initiated; or,(2) deny the petition, stating the reasons for its denial.(e) If rulemaking procedures are initiated under this section, the version of the rule which the commission staff proposes may differ from the version proposed by the petitioner.(f) Adoption of this rule is required of state agencies by Texas Government Code, §2001.021(b).", "sourceNote": "Source Note: The provisions of this §11.19 adopted to be effective November 30, 2015, 40 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174852&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174852", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.20", "label": "Historically Underutilized Business Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174853", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission adopts by reference the rules of the Texas Comptroller of Public Accounts in 34 TAC Part 1, Chapter 20, Subchapter B (relating to Historically Underutilized Business Program). These rules were promulgated by the Texas Comptroller of Public Accounts under Government Code §2161.002.(b) Adoption of this rule is required of state agencies by Texas Government Code §2161.003.", "sourceNote": "Source Note: The provisions of this §11.20 adopted to be effective November 30, 2015, 40 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174853&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174853", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.21", "label": "Bid Submission and Opening" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174854", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission adopts by reference the rules of the Texas Comptroller of Public Accounts relating to bid opening and tabulation (34 Texas Administrative Code §20.35).(b) Adoption of this rule is required of state agencies by Texas Government Code §2156.005(d).", "sourceNote": "Source Note: The provisions of this §11.21 adopted to be effective November 30, 2015, 40 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174854&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174854", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.22", "label": "Negotiation and Mediation of Claims in Contract Disputes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174855", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission adopts by reference the rules of the Office of the Attorney General in 1 TAC Part 3, Chapter 68 Negotiation and Mediation of Certain Contract Disputes. The rules set forth a process to permit parties to structure a negotiation or mediation in a manner that is most appropriate for a particular dispute regardless of the contract's complexity, subject matter, dollar amount, or method and time of performance.(b) Adoption of this rule is required of state agencies by Texas Government Code §2260.052(c).", "sourceNote": "Source Note: The provisions of this §11.22 adopted to be effective November 30, 2015, 40 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174855&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174855", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.23", "label": "Procedure for Contracts Requiring Enhanced Contract or Performance Monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196880", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Contracts for the purchase of goods or services that have a value in excess of $1 million will be identified for enhanced contract or performance monitoring.(b) Contracts that are identified for enhanced contract or performance monitoring will be reported to the commission at the first regular quarterly commission meeting after the contract is approved and signed.(c) Contracts will be monitored in accordance with policies and procedures in the commission's contract management handbook.(d) The commission will be notified, as appropriate, of any serious issue or risk that is identified with respect to a contract monitored under this rule.", "sourceNote": "Source Note: The provisions of this §11.23 adopted to be effective November 30, 2015, 40 TexReg 8640." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196880", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.24", "label": "Delegation of Authority to Executive Director" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209007&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209007", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Delegation of Authority to Executive Director. In addition to any other powers and duties expressly provided by Federal or State law, the executive director is authorized to perform the duties or exercise the powers of the commission as described in this section. The executive director, or his or her designee, is authorized to undertake the following acts:(1) contract or otherwise provide for discovery operations and scientific investigations under the provisions of §191.053 of the State Antiquities Code;(2) consider requests for, and issue or deny permits provided for in §§191.054, 191.095, 191.098, and 191.131 of the State Antiquities Code;(3) contract with other state agencies or political subdivisions and qualified private institutions, corporations or individuals for curation and/or display of artifacts in the agency's custody pursuant to §191.058 of the State Antiquities Code;(4) apply to any appropriate agency or officer of the United States for participation in any federal program pertaining to historic preservation pursuant to Government Code §442.005(g);(5) certify to another state agency the worthiness of preservation of any historic district, site, structure, or object significant in Texas or American history, architecture, archeology or culture pursuant to Government Code §442.005(h);(6) conduct educational programs, seminars, and workshops throughout this state covering any phase of historic preservation pursuant to Government Code §442.005(l);(7) make a report of the Commission's activities to the Governor and to the legislature at least biennially pursuant to Government Code §442.005(n);(8) participate in the operation of an affiliated nonprofit organization whose purpose is to raise funds for or provide services or other benefits to the Commission pursuant to Government Code §442.005(p);(9) review and approve or reject the final form or dimensions of, or text or illustrations on, any marker, monument or medallion pursuant to Government Code §442.006;(10) enter into contracts or cooperative agreements with the federal government, other state agencies, state or private museums or educational institutions, or qualified persons, including for-profit corporations, for prehistoric or historic archeological investigations, surveys, excavations, or restorations pursuant to Government Code §442.007(c);(11) approve construction plans and monitor work on the Governor's Mansion, its contents and grounds, and manage the contents of the Mansion including authority to contract with a nonprofit organization to assist in the preservation and maintenance of the Mansion and its grounds and contents, pursuant to Government Code §442.0071;(12) make the determinations and provide the notifications required pursuant to Government Code §442.008 relating to historic county courthouses;(13) select businesses to receive the Texas Business Treasure Award pursuant to Government Code §442.020;(14) lease grazing rights from other parties for proper livestock management pursuant to Government Code §442.104;(15) review bids and qualifications and provide recommendations to the Texas Facilities Commission before a contract is awarded for the major repair or renovation of a state structure designated by the Texas Historical Commission as a Recorded Texas Historic Landmark pursuant to Government Code §2166.254;(16) investigate a suspected but unverified cemetery with the consent of the land owner, under Health and Safety Code §711.010;(17) evaluate a notice of an unverified cemetery, the evidence submitted with the notice, and the response of the land owner, if any, and determine whether there is sufficient evidence of the existence of a cemetery under Health and Safety Code §711.0111 and to provide such information and file such notice as is allowed thereunder;(18) waive the 60-day waiting period provided in Government Code §442.006, or require an additional waiting period of not longer than 30 days;(19) administer the County Historical commission program as described in Local Government Code Chapter 318;(20) review surface mining permit applications and submit any necessary comments pursuant to Natural Resources Code §131.139;(21) administer the Tax Credit for Certified Rehabilitation of Certified Historic Structures as found in Tax Code Chapter 171 Subchapter S including, but not limited to, the issuance of letters of determination and certificates of eligibility;(22) certify when a historical name for a farm-to-market or ranch road has been in common usage for at least 50 years pursuant to Transportation Code §225.005;(23) review and approve plans, programs and materials relating to historical interpretation of the State Cemetery pursuant to Government Code §2165.2561;(24) contract with one or more nonprofit organizations to fulfill the Commission's duties to administer the Texas Heritage Trails Program pursuant to Government Code §442.0045;(25) determine whether or not a governmental entity's landmark ordinance meets the requirements of the Certified Local Government program pursuant to Government Code Subtitle Z Chapter 3000;(26) hire, terminate, assign duties of, evaluate performance of, reward, and set salaries of Texas Historical Commission staff other than the Executive Director;(27) manage the agency's operating budget, including making adjustments not to exceed 20% of the appropriation for any agency strategy;(28) request representation on behalf of the Texas Historical Commission from the Office of the Attorney General;(29) request an opinion of the Attorney General pursuant to Texas Government Code §402.042 on legal issues;(30) negotiate and contract for services relating to a commission project for a historic site and for construction, restoration, renovation or preservation of any building, structure or landscape related to historic sites under Government Code §402.101;(31) execute documents necessary for the operation and administration of the agency or necessary to carry out the statutory authority of the agency including but not limited to personnel action forms, timesheets, performance evaluations, hotel/restaurant contracts, telecommuting agreements, contracts and contract revisions, Memorandums of Understanding, Memorandums of Agreement, and Inter-Agency Contracts;(32) execute documents carrying out decisions of the Commission, including but not limited to grant contracts, Historic Texas Cemetery certifications, curatorial facility certifications, contracts and contract amendments, and notification letters; and(33) request a letter ruling from the Attorney General under Texas Government Code §551.301 concerning the disclosure of information upon the receipt of a request under the Texas Public Information Act.(b) This rule does not limit the express powers and responsibilities granted to the executive director in the Texas Government Code or as otherwise set forth in the rules of the commission. The commission's delegation of authority to the executive director under this rule does not divest the commission of that delegated authority, and the commission retains the ability to exercise all powers delegated to it by law when the commission deems it necessary or appropriate to carry out the functions of the commission. This rule does not limit the commission's power to delegate authority to the executive director by order.", "sourceNote": "Source Note: The provisions of this §11.24 adopted to be effective October 31, 2019, 44 TexReg 6360." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209007&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209007", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "A", "label": "ADMINISTRATION" }, "rule": { "number": "§11.25", "label": "State Employee Family Leave Pool" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174856&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174856", "queryAsDate": "03/11/2026" }, "ruleBody": "A state employee family leave pool is established to provide eligible employees more flexibility in bonding and caring for children during a child's first year following birth, adoption, or foster placement, and caring for a seriously ill family member or the employee, including pandemic-related illnesses or complications caused by a pandemic.(1) The commission's Executive Director shall designate a pool administrator.(2) The pool administrator will recommend a policy, operating procedures, and forms for the administration of this section for approval by the Executive Director.(3) Operation of the pool shall be consistent with Texas Government Code, Chapter 661, Subchapter A-1. State Employee Family Leave Pool.(4) Adoption of this rule is required of state agencies by Texas Government Code §661.022.", "sourceNote": "Source Note: The provisions of this §11.25 adopted to be effective May 26, 2022, 47 TexReg 3047." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174856&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174856", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "B", "label": "OFFICIAL CORPORATE SPONSORS" }, "rule": { "number": "§11.41", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174857", "queryAsDate": "03/11/2026" }, "ruleBody": "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.(7) Valuable Consideration--In kind or financial support that benefits the OCS such as recognition in Commission products, affiliation with Commission brands or programs, naming of or formal association with Commission programs, or use of Commission sites for promotional benefit.", "sourceNote": "Source Note: The provisions of this §11.41 adopted to be effective November 30, 2015, 40 TexReg 8641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174857&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174857", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "B", "label": "OFFICIAL CORPORATE SPONSORS" }, "rule": { "number": "§11.42", "label": "Designation of Official Corporate Sponsors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174858&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174858", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.(b) An entity shall not be considered an OCS until it has been designated as an OCS in a sponsorship contract signed by the executive director or his designee.(c) OCSs may be selected through a competitive process or by direct negotiation. The Friends of the Texas Historical Commission is the recognized fund-raising organization of the Texas Historical Commission. Potential sponsors should contact the Friends to learn the details of how to become an OCS.(d) The Commission's process for selecting and designating OCSs shall take into consideration:(1) the availability of other possible OCSs for the agency, program, project or site;(2) the amount and nature of support being offered, and the needs of the site or program;(3) the amount of support being offered in proportion to the value of the consideration and other benefits provided by the Commission; and(4) the level of compatibility of the entity's products, business and mission with the Commission's mission and goals.(e) The Commission may designate one exclusive OCS for the agency, and exclusive or multiple OCSs within a business category.(f) The Commission may establish minimum criteria that must be met by an entity to be considered for designation as an OCS. Such criteria may include, but are not limited to the following:(1) a minimum amount of the contribution in cash, goods, and/or services to be provided by the OCS;(2) the extent of the entity's geographic presence in the state;(3) the ability of the entity to engage in joint promotional campaigns and/or cooperative ventures utilizing technology and/or systems belonging to the entity;(4) authorization to conduct business in the state of Texas and being in good standing with the appropriate regulatory and taxing authorities of the state of Texas; and(5) specific kinds of businesses that are not appropriate for affiliation with the Commission.(g) The designation of an OCS shall be for a specified period of time, and no longer than five (5) years.(h) The designation of an OCS shall not constitute an endorsement by the Commission of the OCS or the OCS's products and/or services.(i) Notwithstanding the designation of an entity as an OCS and unless otherwise expressly agreed by the Commission in writing:(1) the Commission and an OCS are independent entities and are not agents, partners, joint venture participants or otherwise responsible for the acts, omissions, or conduct of the other party; and(2) the legal relationship of the Commission and an OCS shall be defined by contract and shall not be considered a \"partnership\" and neither the Commission nor an OCS shall be considered a \"partner\" of the other as those terms are defined and used in the Texas Business Organizations Code.(j) Donations from OCSs under a sponsorship agreement may be made to an affiliated non-profit entity for the benefit of the Commission.", "sourceNote": "Source Note: The provisions of this §11.42 adopted to be effective November 30, 2015, 40 TexReg 8641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174858&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174858", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "B", "label": "OFFICIAL CORPORATE SPONSORS" }, "rule": { "number": "§11.43", "label": "Sponsorship Agreement" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174859", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each OCS shall enter an agreement with the Commission regarding the terms, conditions, restrictions, benefits, roles and responsibilities of the Commission and the OCS and the scope of the OCS designation. Where a donation will be made to an affiliated non-profit entity, that entity may also be a party to the agreement between the Commission and the OCS.(b) Among the benefits that may be provided by the Commission to an OCS is the right of the OCS to identify itself as an \"Official Sponsor of the Texas Historical Commission\" or other variations of this designation, including but not limited to the \"Official (specific business category) Sponsor of Texas Historical Commission,\" as defined and limited in the sponsorship agreement.(c) An OCS's work with the Commission must not conflict with the Commission's mission and goals. Any change in the activities or character of the OCS during the term of the agreement that would create a possible conflict of interest must be brought to the attention of the Commission in a timely manner.(d) An OCS shall not subcontract or enter an agreement with another person or entity to carry out the OCS's functions as an OCS, except as agreed in writing by the Commission.", "sourceNote": "Source Note: The provisions of this §11.43 adopted to be effective November 30, 2015, 40 TexReg 8641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174859&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174859", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "B", "label": "OFFICIAL CORPORATE SPONSORS" }, "rule": { "number": "§11.44", "label": "Fundraising by Official Corporate Sponsors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174860", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An OCS may conduct fundraising activities to generate funds for the Commission or the affiliated non-profit entity only if allowed in the sponsorship agreement.(b) Where allowed, the OCS shall submit funds generated on behalf of or for the benefit of the Commission as soon as possible and in a manner as determined by the Commission. During the time such funds are being held by the OCS, the OCS shall manage and account for such funds in accordance with applicable accounting standards.", "sourceNote": "Source Note: The provisions of this §11.44 adopted to be effective November 30, 2015, 40 TexReg 8641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174860&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174860", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "B", "label": "OFFICIAL CORPORATE SPONSORS" }, "rule": { "number": "§11.45", "label": "Donations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174861", "queryAsDate": "03/11/2026" }, "ruleBody": "Nothing in this subchapter shall limit the ability of an OCS or any other business entity to make an unrestricted donation of cash, goods, or services to the Commission or affiliated non-profit entity, so long as the donation is accepted by the Commission or affiliated non-profit entity in accordance with applicable law and Commission policy. Such a donation may be for a general or specific purpose or program.", "sourceNote": "Source Note: The provisions of this §11.45 adopted to be effective November 30, 2015, 40 TexReg 8641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174861&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174861", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "B", "label": "OFFICIAL CORPORATE SPONSORS" }, "rule": { "number": "§11.46", "label": "Advertising" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226910&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226910", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Commission funds shall not be used to advertise a product and/or service of the OCS. Commission funds can be used to support the OCS activities under the sponsorship agreement, including but not limited to:(1) to provide information about the relationship with the OCS and encourage public participation in OCS-sponsored activities or events in support of the Commission's mission;(2) to provide information about the availability of products and/or services of an OCS that have been created and/or are being made available to benefit the Commission pursuant to a sponsorship agreement; and(3) to offset fulfillment costs or opportunity costs to the Commission as a result of a sponsored project or as called for in the sponsorship agreement.(b) The OCS shall not use Commission or affiliated non-profit entity brands, except as authorized by a sponsorship agreement with the Commission.(c) The Commission may provide to an OCS opportunities to place advertising in Commission publications, web sites, other media vehicles and outlets, so long as such advertising:(1) is in the best interest of the Commission; and(2) it does not conflict with the Commission's mission and goals.(d) The designation of an OCS as the exclusive OCS for a specific business category shall not limit the Commission's ability to accept advertising from potential competitors of the OCS in Commission publications, web sites and other media.", "sourceNote": "Source Note: The provisions of this §11.46 adopted to be effective November 30, 2015, 40 TexReg 8641." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226910&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226910", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "C", "label": "AFFILIATED NONPROFIT ORGANIZATIONS; FRIENDS OF THE TEXAS HISTORICAL COMMISSION" }, "rule": { "number": "§11.61", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226911", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Affiliated Nonprofit Organization (ANO)--A nonprofit organization designated in Subchapter A-1, Chapter 442, Texas Government Code, for the purpose of supporting the commission or a specific state historic site or sites by providing services and benefits, including financial support.(2) Commission--Texas Historical Commission.(3) Donor--A person who makes a contribution to the commission for which there is no consideration or expectation of consideration in return.(4) Director--Executive director of the commission.(5) Friends of the Texas Historical Commission (Friends)--the ANO designated in Subchapter A-1, Chapter 442, Texas Government Code, to provide services and benefits, including financial support, to the commission for the purpose of helping the commission achieve its goals and objectives.(6) Gift--A donation of money or property other than volunteer time for which there is no consideration or expectation of consideration in return.(7) Improvement--A permanent addition to real property which is in the nature of a fixture.(8) IRS 990--United States Internal Revenue Service Form 990, Return of Organization Exempt from Tax.(9) In-kind donation--A non-cash donation, such as services, personal property or real property.(10) Interpretive Master Plan--The collection of interpretive themes and plans approved by the commission for each state historic site under Texas Government Code §442.114.(11) Local sponsorship--A campaign to raise funds in support of a commission program that is intended to benefit a single state historic site.(12) Nonprofit entity--An incorporated entity that is exempt from federal taxation under §501(c) of the Internal Revenue Code of 1986 (Title 26, United States Code).(13) Program--An activity, event or project undertaken by an ANO for the benefit of the commission.(14) Sponsor--A person, corporation, company, or other organization that provides funds in support of a specific commission project, program or event.(15) Sponsorship--The payment of money, transfer of property, or performance of services by a person, corporation, company, or other organization with respect to which there is no arrangement or expectation of any substantial return benefit other than recognition or a non-substantial benefit.(16) Statewide sponsorship--A sponsorship or campaign to raise funds in support of a commission program that is intended to benefit more than a single commission facility or is intended to reach the majority of the population of the state.", "sourceNote": "Source Note: The provisions of this §11.61 adopted\r\nto be effective December 4, 2025, 50 TexReg 7697." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226911&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226911", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "C", "label": "AFFILIATED NONPROFIT ORGANIZATIONS; FRIENDS OF THE TEXAS HISTORICAL COMMISSION" }, "rule": { "number": "§11.62", "label": "Criteria and General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226912", "queryAsDate": "03/11/2026" }, "ruleBody": "All ANOs must meet the requirements and criteria of this section.(1) All ANOs must carry out the fiscal, business, legal, and tax responsibilities of a nonprofit entity as required by state and federal law.(2) ANOs must have obtained from the Internal Revenue Service a valid determination letter that it is an organization described in §501(c) of the Internal Revenue Code of 1986 (Title 26, United States Code), as amended.(3) An ANO's work with the commission must be consistent with the commission's mission and goals.(4) Upon dissolution, an ANO may be required to dispose of funds raised for the benefit of the commission in a way that will benefit the commission, in accordance with applicable law.(5) An ANO must be incorporated in accordance with the Texas Nonprofit Corporation Act (Chapter 22, Texas Business Organizations Code).(6) Each ANO must enter into an agreement with the commission detailing the responsibilities and duties of the ANO and the commission. Each ANO must maintain such an agreement with the commission for as long as the entity is an ANO. The agreement may also address the obligations of an ANO upon termination of the relationship between the ANO and the commission, including termination resulting from the dissolution of the ANO.(7) An ANO must promptly notify the commission of any change in its legal or tax-exempt status.", "sourceNote": "Source Note: The provisions of this §11.62 adopted\r\nto be effective December 4, 2025, 50 TexReg 7697." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226912&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226912", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "C", "label": "AFFILIATED NONPROFIT ORGANIZATIONS; FRIENDS OF THE TEXAS HISTORICAL COMMISSION" }, "rule": { "number": "§11.63", "label": "Criteria and General Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226913", "queryAsDate": "03/11/2026" }, "ruleBody": "ANOs must comply with the general best practices prescribed in this subsection.(1) ANOs shall not hold or obligate commission funds unless the ANO has entered into written agreement with the commission regarding the use of such funds.(2) ANOs shall comply with all applicable rules, regulations, and laws, including all applicable laws regarding discrimination based on race, color, national origin, sex, age, and disability.(3) ANOs shall not use or authorize the use of commission intellectual property, including trademarks, logos, name, or seal, without the express written agreement of the commission.(4) ANOs may use equipment, facilities, or services of employees of the commission only in accordance with a written agreement that provides for the payment of adequate compensation and/or identifies the benefit to the commission for such use. Notwithstanding this subsection, an ANO may use commission facilities to the same extent and for the same fee as members of the public.(5) ANOs shall conduct business in a way that will ensure public access and transparency. As used in this subsection, \"transparency\" shall mean that an ANO's business practices and internal processes are conducted in a way that is open, clear, measurable, and verifiable.(6) ANOs shall file with the commission and make available to the public an annual report that includes a list of the primary activities undertaken during the previous year, a summary of significant achievements and challenges over the previous year, and other information requested by the commission.(7) Regardless of whether an ANO is required to file an IRS 990 with the Internal Revenue Service, each ANO must complete and file an IRS 990 with the commission each year, regardless of income.(8) ANOs shall file with the commission their articles of incorporation, by-laws, most recent financial statements, and any updates to these documents upon request of the commission.(9) An ANO shall not engage in activities that would require it or a person acting on its behalf to register as a lobbyist under Chapter 305, Texas Government Code, or other Texas law. However, this subsection is not intended to restrict an ANO from providing information to the legislature or to other elected or appointed officials. (10) ANOs shall not donate funds to a political campaign or endorse a political candidate.(11) ANOs shall notify the commission of all meetings and allow a commission representative to attend all meetings, including, but not limited to, meetings of the ANO's general membership, managing board, and committees. Meeting notices must be provided to the commission sufficiently in advance of the meeting so that the commission representative has ample opportunity to attend. Such notice may be provided by letter, email, or telephone.(12) ANOs must have an annual audit by an independent accounting firm and shall make the results of that audit available to the commission.(13) ANOs must maintain an adequate directors and officers liability insurance policy.", "sourceNote": "Source Note: The provisions of this §11.63 adopted\r\nto be effective December 4, 2025, 50 TexReg 7697." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226913&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226913", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "C", "label": "AFFILIATED NONPROFIT ORGANIZATIONS; FRIENDS OF THE TEXAS HISTORICAL COMMISSION" }, "rule": { "number": "§11.64", "label": "Best Practices (Officers and Directors)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226914", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All officers and directors of each ANO must receive a copy of or a link to the commission's current Strategic Plan and the interpretive themes and plan(s) approved by the commission under Texas Government Code § 442.114 for the state historic site or sites supported by the ANO. The officers and directors of the Friends shall receive a copy of the Interpretive Master Plan approved by the commission.(b) In addition to subsection (a) of this section, ANOs must comply with these best practices regarding officers and directors:(1) ANOs must adopt and maintain a conflict of interest policy, which includes safeguards to prevent board members or their families from benefiting financially from any business decision of the ANO.(2) ANOs shall ensure that any compensation paid to executives or managers is reasonable.(3) ANOs shall not elect, designate, or otherwise select a commission employee as an officer or director, other than as a non-voting uncompensated representative of the commission.(4) ANOs shall hold regular meetings of its Board of Directors.(5) ANOs shall ensure that each board member and/or director is fully informed of the ANO's activities and shall provide the following information to new board members:(A) articles of incorporation and by-laws;(B) most recent financial statements;(C) commission rules on ANOs and sponsorship; and(D) current agreements with the commission.", "sourceNote": "Source Note: The provisions of this §11.64 adopted\r\nto be effective December 4, 2025, 50 TexReg 7697." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226914&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226914", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "C", "label": "AFFILIATED NONPROFIT ORGANIZATIONS; FRIENDS OF THE TEXAS HISTORICAL COMMISSION" }, "rule": { "number": "§11.65", "label": "Best Practices (Fundraising)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226915", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All ANOs must comply with the requirements of this subsection regarding fundraising.(1) ANOs may conduct fundraising to provide additional funds for commission operations, to enhance commission programs, to provide long-term endowments for commission programs, to facilitate special projects, or otherwise support the commission in carrying out its mission, but only as agreed in writing by the commission in advance.(2) ANOs may undertake programs for the benefit of the commission, so long as such programs are related to and supportive of the commission's mission and are agreed to in writing by the commission in advance. A single agreement may cover multiple programs.(3) ANOs shall decline donations that require actions, including recognition, by the commission for which the commission has not given prior written consent.(4) Funds accepted by an ANO for the benefit of the commission are to be managed as a reasonably prudent person would manage funds if acting on his or her own behalf and such funds are to be accounted for according to Generally Accepted Accounting Principles (GAAP).(5) All projects undertaken for the commission by an ANO must be related to and supportive of the facility, property, or program with which an ANO is associated or must further the ANO's mission related to the facility, property or program.(6) All donations to an ANO must benefit the commission or the facility, property, or program with which the ANO is associated or must further the ANO's mission related to the facility, property, or program.(7) For purposes of this subsection, a donation for the purpose of defraying the ANO's operating costs furthers the ANO's mission related to the facility, property, or program.(8) ANOs shall adopt procedures that address acceptance and granting of funds raised to benefit projects and/or programs of the commission.(b) Nothing in this subchapter shall limit the ability of an ANO to make an unrestricted cash donation to the commission. Such a donation may also be made for a specific purpose or program in furtherance of the commission's mission.(c) ANOs may work together towards a common fundraising goal for the benefit of the commission, consistent with the requirements of this subchapter.", "sourceNote": "Source Note: The provisions of this §11.65 adopted to be\r\neffective December 4, 2025, 50 TexReg 7697." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226915&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226915", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "C", "label": "AFFILIATED NONPROFIT ORGANIZATIONS; FRIENDS OF THE TEXAS HISTORICAL COMMISSION" }, "rule": { "number": "§11.66", "label": "Best Practices (Sponsorship)" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "226916", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) ANOs may solicit and accept sponsorships for commission programs, so long as the ANO complies with the provisions of this subsection and other written guidance that may be provided by the department.(1) All sponsorships of commission programs and the level of sponsorship recognition provided by the commission must have prior written approval of the commission.(2) ANOs shall not solicit or accept a sponsorship in support of a commission program from:(A) a person or entity that has been determined by the commission to conflict with either the commission's mission or legislative mandates; or(B) a person or entity that is in litigation with the commission at the time of consideration.(3) Sponsor recognition shall be limited as prescribed in this paragraph.(A) Sponsor recognition shall be solely in the context of the commission program that the sponsor has supported with a financial or in-kind contribution.(B) Sponsor recognition shall be permitted only when the financial or in-kind contribution is greater than the costs associated with providing sponsor recognition.(C) Sponsor recognition shall not include signage of any kind on state-owned motor vehicles or trailers that were purchased or are maintained with department funds.(D) Sponsor recognition shall not overshadow the project, the purposes of the project, or the mission of the commission or result in the role of the commission being less prominent than that of the sponsor.(4) In determining the level of sponsorship recognition to provide, the commission will consider:(A) the level of contribution as a percentage of the total funding required to execute or produce the program, event, or material;(B) the level of contribution as a percentage of total sponsorship dollars received;(C) the scope of exposure (e.g. statewide, regional, local, or a single location); and(D) the duration of exposure (e.g. one day, one month, or one year).(5) Sponsorship recognition may not promote the sponsor's products, services, or facilities. This subsection does not prohibit the broadcast or display of the sponsor's logo or name and a reference to the sponsor's location.(6) No officer or employee of the department shall act as the agent for any ANO or donor in negotiating the terms or conditions of any agreement relating to the provision of funds, services, or property to the commission by the ANO or donor.(b) Nothing in this subchapter shall limit the ability of an ANO to make an unrestricted cash donation to the commission when no sponsorship recognition is provided. Such a donation may also be made for a specific purpose or program in furtherance of the commission's mission.", "sourceNote": "Source Note: The provisions of this §11.66 adopted to be\r\neffective December 4, 2025, 50 TexReg 7697." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=226916&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "226916", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "11", "label": "ADMINISTRATION DEPARTMENT" }, "subchapter": { "number": "C", "label": "AFFILIATED NONPROFIT ORGANIZATIONS; FRIENDS OF THE TEXAS HISTORICAL COMMISSION" }, "rule": { "number": "§11.67", "label": "Commission Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "67938", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission will not obligate ANO funds or property except by written agreement signed by the ANO.(b) The Friends may reimburse commission employees for legitimate, documented expenses. Additionally, the Friends may award scholarships to commission employees from private, donor-directed sources, so long as there is a benefit to the commission.(c) The commission may develop model policies and procedures for adoption by ANOs. Where an ANO is required by these rules to adopt a policy or procedure, adoption of the model policy or procedure shall be deemed to comply with that requirement.(d) All reimbursements made by the Friends under subsection (b) and all donations to the commission of $500 or more must be approved by the commission, voting in public session.", "sourceNote": "Source Note: The provisions of this §11.67 adopted to be\r\neffective December 4, 2025, 50 TexReg 7697." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=67938&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "67938", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "12", "label": "TEXAS HISTORIC COURTHOUSE PRESERVATION PROGRAM" }, "rule": { "number": "§12.1", "label": "Object" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166257&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166257", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Historical Commission, hereafter referred to as the commission, is specifically empowered to adopt reasonable rules concerning the Texas Historic Courthouse Preservation Program for the purpose of distributing funds provided by the State Legislature. Implementation of this grant and loan program is the objective of this chapter.", "sourceNote": "Source Note: The provisions of this §12.1 adopted to be effective October 31, 1999, 24 TexReg 9277." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166257&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166257", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "12", "label": "TEXAS HISTORIC COURTHOUSE PRESERVATION PROGRAM" }, "rule": { "number": "§12.3", "label": "Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215560", "queryAsDate": "03/11/2026" }, "ruleBody": "The intent of these rules is to provide a system by which the commission may grant or loan money to a county or municipality that owns a historic courthouse, for the purpose of preserving or restoring the courthouse, if the county's application meets the standards of the Texas Historic Courthouse Preservation Program. Restrictions on who can obtain funds and how the funds are used are within the legal authority of the commission, and can be defined through the rule-making authority of the commission.", "sourceNote": "Source Note: The provisions of this §12.3 adopted to be effective October 31, 1999, 24 TexReg 9277; amended to be effective March 6, 2014, 39 TexReg 1357." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215560", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "12", "label": "TEXAS HISTORIC COURTHOUSE PRESERVATION PROGRAM" }, "rule": { "number": "§12.5", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215561&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215561", "queryAsDate": "03/11/2026" }, "ruleBody": "When used in this chapter, the following words or terms have the following meanings unless the context indicates otherwise:(1) Texas Historic Courthouse Preservation Program. Means the grant or loan program created by Texas Government Code §§442.0081 - 442.0083.(2) The Courthouse Fund Account. Means a separate account in the general revenue fund. The account consists of transfers made to account, payment on loans made under the historic courthouse preservation program, grants and donations received for the purposes of the historic courthouse preservation program, and income earned on investments of money in the account.(3) Texas Courthouse Preservation Program Advisory Committee. Means a committee that serves the commission in matters concerning the courthouse program.(4) Courthouse. Means the principal buildings which serve as the primary seat of county government of the county in which it is located, and its surrounding sites (typically the courthouse square). The courthouse includes additions or annexes physically attached to the building that were constructed for the purpose of expanding the functions of the courthouse, but it does not include other freestanding buildings on the site.(5) Historic courthouse. Means a building that currently or previously served as a county courthouse, as defined in paragraph (4) of this section, and which entered service as a courthouse at least 50 years prior to the due date of the grant application, using the first commissioners court meeting as its first date of service. A historic courthouse may include additions or annexes physically attached to the courthouse for at least 50 years prior to the due date of the grant application.(6) Historic courthouse project. Means an undertaking to preserve or restore a historic courthouse.(7) Master preservation plan or master plan. Means a comprehensive planning document that includes the historical background of a courthouse, as well as a detailed analysis of its architectural integrity, current condition, and future needs for preservation. The commission shall promulgate specific guidelines for developing the document.(8) Conservation Easement. Means a voluntary legal agreement whereby the property owner grants the Commission an interest in the property for the purpose of preservation of historic, architectural, scenic and open space values, also may be called a preservation easement.(9) Construction Documents (also known as contract documents). Means the written and graphic instructions used for construction of a project which are prepared by an architect and their engineering consultants. May also be called architectural plans and specifications.(10) Restoration. Means the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restored period. (As defined by the Secretary of the Interior's Standards for the Treatment of Historic Properties (1995 edition, or as revised)).(11) Reconstruction. Means the act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. (As defined by the Secretary of the Interior's Standards for the Treatment of Historic Properties (1995 edition, or as revised)).(12) Preservation. Means the act or process of applying measures necessary to sustain the existing form, integrity, and materials of a historic property. (As defined by the Secretary of the Interior's Standards for the Treatment of Historic Properties (1995 edition, or as revised)).(13) Rehabilitation. Means the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values. (As defined by the Secretary of the Interior's Standards for the Treatment of Historic Properties (1995 edition, or as revised)).(14) Full restoration. Means a construction grant to undertake a project to restore a courthouse to its appearance at an agreed upon restoration period, which includes removing additions and alterations from later periods and reconstructing features missing from the restoration period. This treatment applies to the site, exterior of the courthouse, and interior public spaces such as the corridors, stairways, and courtrooms. Secondary spaces may be preserved or rehabilitated rather than restored. Additions or attached annexes must be removed if they post-date the selected restoration period. Retention or removal of site features from outside of the restoration period may be evaluated on a case-by-case basis.(15) Restoration period. Means the date selected for the purpose of defining the full restoration of a courthouse, representing the most significant time in the courthouse's history. Selection of the restoration period must be justified based on documentary and physical evidence and surviving integrity of historic materials from that period, and it must be described in the master plan for the restoration project. The restoration period represents a time when the building in its entirety exhibited a cohesive architectural style exemplifying the work of an architect or a period when the building experienced a significant historical event.(16) Match requirement. Means the percentage of the total project cost that must be provided by a county or municipality.(17) Current cash match. Means monies to be paid by a county or municipality as part of the preservation project described in a current request for grant or loan funding.(18) Current in-kind match. Materials and labor to be donated as part of the preservation project described in a current request for grant or loan funding.(19) Planning match. Means county or municipal monies spent on an approved master preservation plan or approved construction plans and specifications.", "sourceNote": "Source Note: The provisions of this §12.5 adopted to be effective October 31, 1999, 24 TexReg 9277; amended to be effective March 30, 2003, 28 TexReg 2741; amended to be effective July 2, 2006, 31 TexReg 5096; amended to be effective March 6, 2014, 39 TexReg 1357; amended to be effective January 2, 2018, 42 TexReg 7678; amended to be effective November 23, 2023, 48 TexReg 6739." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215561&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215561", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "12", "label": "TEXAS HISTORIC COURTHOUSE PRESERVATION PROGRAM" }, "rule": { "number": "§12.7", "label": "Grant or Loan Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215562&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215562", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.(b) Master plan requirement. In order to be eligible for funding, a county or municipality must have completed a current master preservation plan approved by the commission. The commission may require an outdated master plan be updated prior to the date of application or a before a grant or loan is approved.(c) Types of Assistance. The commission may provide financial assistance in the form of grants or loans. Grant or loan recipients shall be required to follow the terms and conditions of the Texas Historic Courthouse Preservation Program and other terms and conditions imposed by the commission at the time of the grant award or loan.(d) Match for grant or loan assistance. Applicants eligible to receive grant or loan assistance should provide a minimum of 15% of the total project cost or other match requirements as determined by the commission. Credit toward the match may be given for a county's or municipality's prior capital and in-kind contributions and prior master planning costs, with not less than one half of the match derived from current cash match and/or planning match. In exceptional circumstances, the commission may, at its sole discretion, waive the match requirements and/or approve a larger credit toward prior expenditures.(e) Allowable use of grant or loan monies.(1) A county or municipality that receives money under the courthouse program must use the money only for preservation, reconstruction, rehabilitation, restoration or other expenses that the commission determines eligible.(2) All work must comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties (1995 edition, or as revised).(3) Individual grants or loans may not exceed $10 (ten) million and the cumulative total may not exceed $10 (ten) million to any one county or municipality.(4) The commission may grant a different amount than requested in a courthouse grant application.(f) Administration. The courthouse program shall be administered by the commission.(g) Advisory Committee.(1) The commission may appoint Advisory Committees or other working groups to advise the commission on matters related to the Texas Historic Courthouse Preservation Program including courthouse maintenance.(2) The commission should consider the following when selecting members of an advisory committee or working group:(A) geographic diversity;(B) population;(C) area of expertise; and/or(D) representation of the public interest.(h) Procedures. The commission shall adopt procedures, and revise them as necessary, to implement the Texas Historic Courthouse Preservation Program.(i) Compliance with current program grant manual and all other rules, statutes, policies, procedures and directives is mandatory for all historic courthouse projects unless written exception is provided by the commission due to unforeseen circumstances beyond the control of grantee or grantor.(j) Grants for Construction Plans and Specifications:(1) The commission may make grants for the purpose of completing construction plans and specifications for courthouse construction projects.(2) A county or municipality receiving a grant for completing plans and specifications is encouraged to apply for a construction grant from this program at the next grant program funding opportunity following commission acceptance of the complete plans and specifications. In the subsequent grant application, the county or municipality should provide at least an equal level of commitment to program components as provided in their previous funding applications.(k) Grants for Construction Defects:(1) The commission may make grants for the purpose of remedying defects in construction quality from a previous grant-funded project. Before applying for such a grant, a county or municipality must first pursue repairs under warranty or administrative remedies with their contractor, architect, or other party at fault for the defect.(2) If a county or municipality that receives a grant to remedy a construction defect later recovers funds related to the scope of the grant through litigation or a settlement agreement, the net amount recovered, minus court costs and attorney's fees, shall be ineligible for grant reimbursement. The commission may recapture the grant, or if the net amount recovered is insufficient to accomplish the full scope of work for the grant, the commission may revise the grant budget to consider such funds as the cash match and recapture the excess amount of the grant award. Further, the county or municipality must repay any such funds that were previously reimbursed, proportionate to the state share of the overall project costs.", "sourceNote": "Source Note: The provisions of this §12.7 adopted to be effective October 31, 1999, 24 TexReg 9277; amended to be effective March 30, 2003, 28 TexReg 2741; amended to be effective June 1, 2004, 29 TexReg 5337; amended to be effective July 2, 2006, 31 TexReg 5097; amended to be effective March 6, 2014, 39 TexReg 1357; amended to be effective November 28, 2018, 43 TexReg 7670; amended to be effective November 23, 2023, 48 TexReg 6739." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215562&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215562", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "12", "label": "TEXAS HISTORIC COURTHOUSE PRESERVATION PROGRAM" }, "rule": { "number": "§12.9", "label": "Application Requirements and Considerations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227716&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227716", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.(b) The Texas Historic Courthouse Preservation Program will be a competitive process, with applications evaluated and grants awarded based on the factors provided in this section, including the amount of program money for grants.(1) Funding requests may be reduced by the commission to reflect ineligible project costs or smaller scopes or phases of work such as planning for the construction work.(2) The commission may adjust the amount of a previously awarded grant up and/or down based on the changing conditions of the property and the program.(c) In considering whether to grant an application, the commission will assign weights to and consider each of the following factors:(1) the status of the building as a functioning courthouse;(2) the age of the courthouse;(3) the degree of endangerment;(4) whether the courthouse is subject to a current conservation easement or covenant held by the commission;(5) whether the proposal is in conformance with the approved master plan and addresses the current condition and needs of the property in proper sequence;(6) whether the county or municipality agrees to place/extend a preservation easement/covenant and/or deed restriction as part of the grant process;(7) the importance of the building within the context of an architectural style;(8) whether the proposal addresses and remedies former inappropriate changes;(9) the historic significance of the courthouse, as defined by 36 CFR §60.4, and National Park Service Bulletin 15, \"How to Apply the National Register Criteria for Evaluation;\"(10) the degree of surviving integrity of original design and materials;(11) if a county or municipality submits completed and commission-approved construction plans and specifications for proposed work at the time of the application, provided the plans and specifications comply with the previously approved master plan;(12) the use of the building as a courthouse after the project;(13) the county's or municipality's provision of a match greater than 15% of the grant request;(14) the degree to which the proposal achieves a fully restored county courthouse;(15) the status of the courthouse in terms of state and local historical designations that are in place;(16) the county or municipal government's provision of preservation incentives and support of the county historical commission and other county-wide preservation efforts;(17) the location of the county in a region with few awarded courthouse grant applications;(18) the existence of a plan for physically protecting county records during the restoration and afterwards, as well as an assessment of current and future space needs and public accessibility for such records, if county-owned;(19) the existence of a strong history of compliance with the state courthouse law (Texas Government Code, §442.008 and the Antiquities Code of Texas, Texas Natural Resources Code Chapter 191);(20) the effort to protect and enhance surrounding historic resources;(21) the evidence of community support and county or municipality commitment to protection;(22) the applicant's local funding capacity as measured by the total taxable value of properties in the jurisdiction; and(23) the number of prior cycles in which a county has applied for and not received a full restoration grant.(d) Other Considerations.(1) The factors noted in subsection (c) of this section, and any additional ones determined necessary by the commission, will be published prior to each individual grant round as part of the formal procedures for the round.(2) The commission may distribute a portion of the funds available for each grant period to be used for specific purposes on an expedited basis and/or granted through different criteria than other funds. Such specific purposes may include, but are not limited to, the following:(A) Emergency repairs necessary to address or prevent catastrophic damage to the courthouse; or(B) Compliance with the Americans with Disabilities Act or other state or federally mandated repairs or modifications; or(C) Previously awarded projects that require additional funding to accomplish the intended goals of the project; or(D) Updates to approved courthouse preservation master plans.(3) Any such distribution to a specific purpose or change in criteria must be decided by a vote of the commission and advertised to the potential grantees prior to the date for the submission of applications.(e) As a condition for a county or municipality to receive money under the courthouse fund, the commission may require creation of a conservation easement on the property, and may require creation of other appropriate covenants in favor of the state. The highest preference will be given to counties agreeing to the above referenced easements or covenants at the time of application.(f) The commission shall provide oversight of historic courthouse projects.(1) The commission may make periodic inspections of the projects during construction and/or upon and following completion to ensure compliance with program rules and procedures.(2) The commission may require periodic reports to ensure compliance with program rules and procedures and as a prerequisite to disbursement of grant or loan funds.(3) The commission may adopt additional procedures to ensure program compliance.", "sourceNote": "Source Note: The provisions of this §12.9 adopted to be effective October 31, 1999, 24 TexReg 9277; amended to be effective October 7, 2001, 26 TexReg 7529; amended to be effective July 2, 2006, 31 TexReg 5097; amended to be effective March 6, 2014, 39 TexReg 1357; amended to be effective November 30, 2015, 40 TexReg 8641; amended to be effective January 2, 2018, 42 TexReg 7678; amended to be effective November 28, 2018, 43 TexReg 7670; amended to be effective November 23, 2023, 48 TexReg 6739." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227716&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227716", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "13", "label": "TEXAS HISTORIC PRESERVATION TAX CREDIT PROGRAM" }, "rule": { "number": "§13.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227717&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "227717", "queryAsDate": "03/11/2026" }, "ruleBody": "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.(3) Application fee--The fee charged by the Commission and paid by the applicant for the review of Part B and Part C of the application as follows:Attached Graphic(4) Audited cost report--Such documentation as defined by the Comptroller in 34 TAC Chapter 3, Tax Administration.(5) Building--Any edifice enclosing a space within its walls, and usually covered by a roof, the purpose of which is principally to shelter any form of human activity, such as shelter or housing, or to provide working, office, parking, display, or sales space. The term includes, among other examples, banks, office buildings, factories, warehouses, barns, railway or bus stations, and stores and may also be used to refer to a historically and functionally related unit, such as a courthouse and jail or a house and barn. Functional constructions made usually for purposes other than creating human shelter or activity such as bridges, windmills, and towers are not considered buildings under this definition and are not eligible to be certified historic structures.(6) Certificate of Eligibility--A document issued by the Commission to the owner, following review and approval of a Part C application, that confirms the property to which the eligible costs and expenses relate is a certified historic structure and the rehabilitation qualifies as a certified rehabilitation; and specifies the date the certified historic structure was first placed in service after the rehabilitation.(7) Certified historic structure--A building or buildings located on a property in Texas that is certified by the Commission as:(A) listed individually in the National Register of Historic Places;(B) designated as a Recorded Texas Historic Landmark under §442.006, Texas Government Code, or as a State Antiquities Landmark under Chapter 191, Texas Natural Resources Code; §21.6 and §26.3(66) and (67) of this title (relating to Recorded Texas Historic Landmark Designation and Definitions, respectively); or(C) certified by the Commission as contributing to the historic significance of:(i) a historic district listed in the National Register of Historic Places; or(ii) a certified local district as per 36 CFR §67.9.(8) Certified local district--A local historic district certified by the United States Department of the Interior in accordance with 36 CFR §67.9.(9) Certified rehabilitation--The rehabilitation of a certified historic structure that the Commission has certified as meeting the Standards for Rehabilitation. If the project is submitted for the federal rehabilitation tax credit, it must be reviewed by the National Park Service prior to a determination that it meets the requirements for a certified rehabilitation under this rule. In the absence of a determination for the federal rehabilitation tax credit, the Commission shall have the sole responsibility for certifying the project.(10) Commission--The Texas Historical Commission.(11) Comptroller--The Texas Comptroller of Public Accounts. (12) Contributing--A building in a historic district considered to be historically, culturally, or architecturally significant according to the criteria established by state or federal government, including those formally promulgated by the National Park Service and the United States Department of the Interior at 36 CFR Part 60 and applicable National Register bulletins.(13) Credit--The tax credit for the certified rehabilitation of certified historic structures available pursuant to Chapter 172 of the Texas Tax Code.(14) District--A geographically definable area, urban, or rural, possessing a significant concentration, linkage, or continuity of sites, building, structures, or objects united by past events geographically but linked by association or history.(15) Eligible costs and expenses--The qualified rehabilitation expenditures as defined by §47(c)(2), Internal Revenue Code, including rehabilitation expenses as set out in 26 CFR §1.48-12(c), incurred during the project, except as otherwise specified in Chapter 172 of the Texas Tax Code, or, for a time period beginning January 1, 2026, until the statute reverts on January 1, 2035, by authorized investment of funds by an institution of higher education or university system as defined by Section 61.003, Education Code, if the other provisions of Section 47(c)(2) are met.(16) Federal rehabilitation tax credit--A federal tax credit for 20% of qualified rehabilitation expenditures with respect to a certified historic structure, as defined in §47, Internal Revenue Code; 26 CFR §1.48-12; and 36 CFR Part 67.(17) Functionally related buildings--A collection of buildings that were constructed or used to serve and support an overall single purpose during their period of significance. Examples include but are not limited to: a residence and carriage house; a multi-building apartment complex; a multi-building industrial or commercial complex; or buildings constructed as a campus. Buildings within a typical neighborhood or downtown commercial historic district, among other property types, do not count as functionally related buildings with other buildings in the district, unless there is a certain historical attachment other than community development. Functionally related buildings owned by one entity are viewed as a single property while those owned by separate entities are viewed as separate properties.(18) National Park Service--The agency of the U.S. Department of the Interior that is responsible for certifying projects to receive the federal rehabilitation tax credit.(19) Owner--A person, partnership, company, corporation, whether for profit or not, governmental body, an institution of higher education or university system or any other entity holding a legal or equitable interest in a Property or Structure, which can include a full or partial ownership interest. Not all of these owner entities can qualify as an applicant for the credit, based on the requirements listed in Chapter 172 of the Texas Tax Code. A long-term lessee of a property may be considered an owner if their current lease term is at a minimum 27.5 years for residential rental property or 39 years for nonresidential real property, as referenced by §47(c)(2), Internal Revenue Code.(20) Phased development--A rehabilitation project which may reasonably be expected to be completed in two or more distinct states of development, as defined by United States Treasury Regulation 26 CFR §1.48-12(b)(2)(v). Each phase of a phased development can independently support an Application for a credit as though it was a stand-alone rehabilitation, as long as each phase meets the definition of a Project. If any completed phase of the rehabilitation project does not meet the requirements of a certified rehabilitation, future applications by the same owner for the same certified historic structure will not be considered.(21) Placed in Service--A status obtained upon completion of the rehabilitation project as described in Part B of the application, and any subsequent amendments, and documented in Part C of the application. Evidence of the date a property is placed in service includes a certificate of occupancy issued by the local building official and/or an architect's certificate of substantial completion. Other documents will suffice when certificates of occupancy and/or substantial completion are not available for a specific project, including final contractor invoices or other verifiable statements of completion. Alternate documents should be approved by the Commission before submission. Placed in Service documentation must indicate the date that work was completed.(22) Project--A specified scope of work, as described in a rehabilitation plan submitted with Part B of the application and subsequent amendments, comprised of work items that will be fully completed and Placed in Service. Examples of a project may include, but are not limited to, a whole building rehabilitation, rehabilitation of individual floors or spaces within a building, repair of building features, or replacement of building systems (such as mechanical, electrical, and plumbing systems). Partial or incomplete scopes of work, such as project planning and design, demolition, or partial completion of spaces, features, or building systems are not included in this definition as projects. Per §13.6(f) of this title (relating to Application Review Process), the Commission's review encompasses the entire building and site even if other work items are not included in a submitted project.(23) Property--A parcel of real property containing one or more buildings or structures that is the subject of an application for a credit.(24) Rehabilitation--The process of returning a building or buildings to a state of utility, through repair or alteration, which makes possible an efficient use while retaining those portions and features of the building and its site and environment which are significant.(25) Rehabilitation plan--Descriptions, drawings, construction plans, and specifications for the proposed rehabilitation of a certified historic structure in sufficient detail to enable the Commission to evaluate compliance with the Standards for Rehabilitation.(26) Standards for Rehabilitation--The United States Secretary of the Interior's Standards for Rehabilitation as defined by the National Park Service in 36 CFR §67.7.(27) Structure--A building; see also certified historic structure. \"Structure\" may be used in place of the word \"building,\" but all tax credit projects must involve rehabilitation of a building as defined in §13.1(5) of this title.(28) Tax Credit--A credit earned against either the state franchise tax or the insurance premium tax per Chapter 172 of the Texas Tax Code and any limitations provided therein.", "sourceNote": "Source Note: The provisions of this §13.1 adopted to\r\nbe effective September 11, 2014, 39 TexReg 7081; amended to be effective\r\nNovember 20, 2014, 39 TexReg 8987; amended to be effective November\r\n30, 2015, 40 TexReg 8642; amended to be effective August 15, 2016,\r\n41 TexReg 5992; amended to be effective January 2, 2018, 42 TexReg\r\n7679; amended to be effective November 28, 2021, 46 TexReg 7874; amended\r\nto be effective April 30, 2023, 48 TexReg 2089; amended to be effective\r\nNovember 23, 2023, 48 TexReg 6739; amended to be effective March 5,\r\n2026, 51 TexReg 1380." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=227717&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "227717", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "13", "label": "TEXAS HISTORIC PRESERVATION TAX CREDIT PROGRAM" }, "rule": { "number": "§13.2", "label": "Qualification Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215565&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "215565", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.(2) A property for which eligible costs and expenses are submitted for the credit must meet Internal Revenue Code §47(c)(2) which includes:(A) non-residential real property;(B) residential rental property; or(C) other property types exempted from parts of Internal Revenue Code §47(c)(2) as described in Chapter 172 of the Texas Tax Code.(b) Eligible costs and expenses. Eligible costs and expenses means those costs and expenses allowed pursuant to Internal Revenue Code §47(c)(2) or as exempted by Chapter 172 of the Texas Tax Code. Such eligible costs and expenses, include, but are not limited to:(1) expenditures associated with structural components as defined by United States Treasury Regulation §1.48-1(e)(2) including walls, partitions, floors, ceilings, windows and doors, stairs, elevators, escalators, sprinkler systems, fire escapes, components of central air conditioning, heating, plumbing, and electrical systems, and other components related to the operation or maintenance of the building;(2) architectural services;(3) engineering services;(4) construction management and labor, materials, and reasonable overhead;(5) subcontracted services;(6) development fees;(7) construction period interest and taxes; and(8) other items referenced in Internal Revenue Code §47(c)(2). (c) Ineligible costs and expenses. Eligible costs and expenses as defined in Internal Revenue Code §47(c)(2) do not include the following:(1) the cost of acquiring any interest in the property;(2) the personal labor by the applicant;(3) any cost associated with the enlargement of an existing building;(4) site work expenditures, including any landscaping, sidewalks, paving, decks, outdoor lighting remote from the building, fencing, retaining walls or similar expenditures; or(5) any cost associated with the rehabilitation of an outbuilding or ancillary structure unless it is certified by the Commission to contribute to the historical significance of the property.(d) Eligibility date for costs and expenses.(1) Part A of the Texas Historic Preservation Tax Credit Certification Application must be submitted prior to the building being placed in service per §13.1(21) of this title (relating to Definitions). Projects that have been placed in service prior to submission of Part A of the application do not qualify for the program.(2) While the credit may be claimed for eligible costs and expenses incurred prior to the filing of an application, potential applicants are urged to file Parts A and B of the application at the earliest possible date. This will allow the Commission to review the application and provide guidance to the applicant that will increase the chances that the application will ultimately be approved and the credit received.(3) For an institution of higher education or university system as defined by Section 61.003, Education Code, eligible costs and expenditures may only be incurred on or after January 1, 2026, and before January 1, 2035, in accordance with Section 172.102(b) of the Tax Code.(e) Phased development. Part B applications for rehabilitation of the same certified historic structure may be submitted by the same owner only if they describe clearly defined phases of work that align with a cost report that separates the eligible costs and expenses by phase. Separate Part B and C applications shall be submitted for review by the Commission prior to issuance of a certificate of eligibility for each phase.(f) Amount of credit. The total amount of credit available is twenty-five percent (25%) of the aggregate eligible costs and expenses incurred in the certified rehabilitation of the certified historic structure.", "sourceNote": "Source Note: The provisions of this §13.2 adopted to be\r\neffective September 11, 2014, 39 TexReg 7081; amended to be effective\r\nAugust 15, 2016, 41 TexReg 5992; amended to be effective January 2,\r\n2018, 42 TexReg 7680; amended to be effective May 29, 2018, 43 TexReg\r\n3345; amended to be effective April 30, 2023, 48 TexReg 2089; amended\r\nto be effective November 23, 2023, 48 TexReg 6739; amended to be effective\r\nMarch 5, 2026, 51 TexReg 1380." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=215565&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "215565", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "13", "label": "TEXAS HISTORIC PRESERVATION TAX CREDIT PROGRAM" }, "rule": { "number": "§13.3", "label": "Evaluation of Significance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205040", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.(c) Consultation with Commission. Any person may informally consult with the Commission to determine whether a property is:(1) listed individually in the National Register of Historic Places;(2) designated as a Recorded Texas Historic Landmark or State Antiquities Landmark; or(3) certified by the Commission as contributing to the historic significance of a historic district listed in the National Register of Historic Places or a certified local district.(d) Automatic qualification as certified historic structure. 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, then it is a certified historic structure and should be indicated as such on Part A of the application.(e) Preliminary determination of significance. An Applicant for a property not listed in the National Register of Historic Places, neither individually nor as a contributing element to a historic district; not designated a Recorded Texas Historic Landmark nor State Antiquities Landmark; and not listed in a certified local district may obtain a preliminary determination from the Commission as to whether the property is individually eligible to become a certified historic structure or is eligible as a contributing structure in a potential historic district by submitting Part A of the application. Determination will be based on criteria for listing in the National Register of Historic Places. Applications for a preliminary determination of significance must show how the property meets one of the following criteria for listing in the National Register of Historic Places and any applicable criteria considerations from the National Park Service.(1) National Register of Historic Places criteria. The quality of significance in American history, architecture, archeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association and one or more of subparagraphs (A) - (D) of this paragraph:(A) Properties that are associated with events that have made a significant contribution to the broad patterns of our history; or(B) that are associated with the lives of persons significant in our past; or(C) that embody distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or(D) that have yielded, or may be likely to yield, information important in prehistory or history.(2) Criteria considerations. Ordinarily cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the National Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories:(A) A religious property deriving primary significance from architectural or artistic distinction or historical importance; or(B) A building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or(C) A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building directly associated with his or her productive life; or(D) A cemetery which derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or(E) A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or(F) A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or(G) A property achieving significance within the past 50 years if it is of exceptional importance.(3) Issuance of a preliminary determination of significance does not bind the Commission to the designation of an individual historic structure or district. Applicants proceed with rehabilitation projects at their own risk. If a structure is ultimately not listed in the National Register of Historic Places, designated as a Recorded Texas Historic Landmark, or certified as a contributing element to a local district pursuant to 36 CFR §67.9, the preliminary determination does not become final, and the owner will not be eligible for the credit. The Commission shall not issue a certificate of eligibility until or unless the designation is final.(f) Determination of contributing structures in existing historic districts. If a property is located in a district listed in the National Register of Historic Places or in a certified local district, an Applicant or an Owner of the property shall request that the Commission determine whether the property is of historic significance contributing to the district by submitting Part A of the application. The Commission evaluates properties located within historic districts listed in the National Register of Historic Places or certified local districts to determine whether they contribute to the historic significance of the district by applying the following standards:(1) A property contributing to the historic significance of a district is one which by location, design, setting, materials, workmanship, feeling, and association adds to the district's sense of time and place and historical development.(2) A property does not contribute to the historic significance of a district if it does not add to the district's sense of time and place and historical development, or if its location, design, setting, materials, workmanship, feeling, and association have been so altered or have so deteriorated that the overall integrity of the building has been irretrievably lost.(3) Generally, buildings that have been built within the past 50 years shall not be considered to contribute to the significance of a district unless a strong justification concerning their historical or architectural merit is given or the historical attributes of the district are considered to be less than 50 years old at the date of application.(4) Certification of significance will be made on the basis of the appearance and condition of the property before beginning the rehabilitation work.(5) If a nonhistoric surface material obscures a building's façade, it may be necessary for the owner to remove a portion of the surface material so that a determination of significance can be made. After the material has been removed, if the obscured façade has retained substantial historic integrity and the property otherwise contributes to the significance of the historic district, it will be considered eligible to be a certified historic structure.(g) Subsequent Designation. A building must be a certified historic structure prior to the issuance of the certificate of eligibility by the Commission as required by §172.105 (b)(1)(A) of the Texas Tax Code. If a property is not automatically qualified as a certified historic structure, an owner of a property shall request that the Commission determine whether the property is of historic significance by submitting Part A of the application in accordance with subsections (e) and (f) of this section. Upon listing in the National Register of Historic Places, designation as a Recorded Texas Historic Landmark, or certification as a contributing element to a local district pursuant to 36 CFR §67.9, Commission staff overseeing the National Register program and the Official Texas Historical Marker program (as applicable), shall prepare a notification, to be filed with the tax credit application, indicating that the designation process required by Part A has been fulfilled.(h) Multiple buildings. If a property owned by one entity contains more than one building and the Commission determines that the buildings have been functionally related historically, per §13.1(17) of this title (relating to Definitions), to serve an overall purpose (such as a residence and a carriage house), then the functionally related buildings will be treated as a single certified historic structure, regardless of whether one of the buildings is separately listed in the National Register of Historic Places or as a Recorded Texas Historic Landmark or is located within a historic district. Buildings owned by the same applicant that were not functionally related historically must be submitted as individual buildings on separate applications.(i) Portions of buildings. Portions of buildings, such as single condominium apartment units, are not independently eligible for certification as an individual space without assessment of any work undertaken elsewhere in the building within the last 24 months, as described in §13.6(f) of this title (relating to Application Review Process). This rule applies even when a building has multiple owners. A full description of all work at the building must be provided with the application.(j) Relocation of historic buildings. Relocation of a historic building from its original site may disqualify the building from eligibility or result in removal of designation as a certified historic structure. Applications involving buildings that have been moved or are to be moved will be evaluated on a case-by-case basis under the applicable criteria for designation as provided in this section. For a building listed in the National Register of Historic Places, the applicant will be responsible for updating the National Register of Historic Places nomination for the property or district, or the relocated building will not be considered a certified historic structure for the purpose of this credit. For a building designated as a Recorded Texas Historic Landmark, the applicant will be responsible for notifying the Commission and otherwise complying with the requirements of §21.11 of this title (relating to Review of Work on Recorded Texas Historic Landmarks) prior to undertaking any relocation.", "sourceNote": "Source Note: The provisions of this §13.3 adopted to be effective September 11, 2014, 39 TexReg 7081; amended to be effective May 26, 2021, 46 TexReg 3249; amended to be effective April 30, 2023, 48 TexReg 2089; amended to be effective November 23, 2023, 48 TexReg 6739." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205040", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "13", "label": "TEXAS HISTORIC PRESERVATION TAX CREDIT PROGRAM" }, "rule": { "number": "§13.4", "label": "Description of Rehabilitation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206784&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "206784", "queryAsDate": "03/11/2026" }, "ruleBody": "(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 timelines 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.(c) Determination of certified rehabilitation. Part B rehabilitation plans are reviewed by staff of the Commission for consistency with the Standards for Rehabilitation as set forth below:(1) A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.(2) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.(3) Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.(4) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.(5) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.(6) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.(7) Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.(8) Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.(9) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.(10) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.", "sourceNote": "Source Note: The provisions of this §13.4 adopted to be effective September 11, 2014, 39 TexReg 7081; amended to be effective May 26, 2021, 46 TexReg 3249." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=206784&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "206784", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "13", "label": "TEXAS HISTORIC PRESERVATION TAX CREDIT PROGRAM" }, "rule": { "number": "§13.5", "label": "Request for Certification of Completed Work" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213601&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213601", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application Part C - Request for Certification of Completed Work. Part C of the application requires information to allow the Commission to certify the completed work follows the Standards for Rehabilitation and the rehabilitation plan as approved by the Commission in the Part B review. Part C may be submitted when the project is placed in service.(b) Application requirements. Information to be submitted in the Part C includes:(1) Name, mailing address, telephone number, and email address of the property owner(s);(2) Name and address of the property;(3) Photographs of the completed work showing similar views of the photographs provided in Parts A and B. Photographs must be formatted as directed by the Commission in published program guidance materials on the Commission's online Texas Historic Preservation Tax Credit Application Guide available by accessing thc.texas.gov;(4) Evidence of the placed in service date, such as a certificate of occupancy issued by the local building official, certificate of substantial completion, final invoice issued by a contractor, or alternative documentation approved by the Commission; and(5) Other information required on the application by the Commission.", "sourceNote": "Source Note: The provisions of this §13.5 adopted to be effective September 11, 2014, 39 TexReg 7081; amended to be effective May 26, 2021, 46 TexReg 3249; amended to be effective November 28, 2021, 46 TexReg 7874." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213601&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213601", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "13", "label": "TEXAS HISTORIC PRESERVATION TAX CREDIT PROGRAM" }, "rule": { "number": "§13.6", "label": "Application Review Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213602&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213602", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.(d) Application Part B - Description of Rehabilitation. Part B of the application will be used by the Commission to review proposed projects for compliance with the Standards for Rehabilitation.(1) The applicant will be responsible for providing sufficient information, including photographs taken prior to the project, 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 project is eligible as a certified rehabilitation, staff may request additional information from the applicant, usually required to be submitted within 30 days. 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.(2) The Commission staff will review Part B 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 B of the application. In reviewing Part B of the application, the Commission shall determine if Part B is approved or not as follows:(A) Consistent with the Standards for Rehabilitation as determined by the Commission. If all aspects of Part B of the application meet the Standards for Rehabilitation, no additional information is required, and no conditions are imposed on the work, Part B is approved.(B) Consistent with the Standards for Rehabilitation with specific conditions of work required. The Commission may determine that the work described in the plan must be performed in a specific manner or with specific materials in order to fully comply with the Standards for Rehabilitation. In such cases, Part B may be approved with specific conditions required. For applications found to be consistent with the Standards for Rehabilitation with specific conditions required, the applicant shall provide written acceptance to the Commission of all specific conditions required. Otherwise the application will be determined to be not consistent with the Standards for Rehabilitation; applications found to be consistent with the Standards for Rehabilitation with specific conditions required may proceed with the work but will only be eligible for the credit if the conditions listed are met as part of the rehabilitation work. Failure to follow the conditions may result in a determination by the Commission that the project is not consistent with the Standards for Rehabilitation.(C) Not consistent with the Standards for Rehabilitation. Applications found not to be consistent with the Standards for Rehabilitation will be considered to be ineligible applications; the Commission shall make recommendations to the applicant that might bring the project into conformance with the Standards for Rehabilitation, however no warranty is made that the recommendations will bring the project into compliance with the Standards for Rehabilitation; the applicant may reapply and it will be treated as a new application and will be subject to a new application fee.(3) An application fee is required to be received by the Commission before Commission review of Part B of the application. The fee is based on the estimated amount of eligible costs and expenses listed by the applicant on Part B of the application.(A) Applicants must submit the fee with Part B of their application or the application will be placed on hold until the fee is received. The fee is calculated according to a fee schedule approved by the Commission and included in the application.(B) The fee is based on the estimated aggregate eligible costs and expenses indicated in Part B of the application and is not refundable. Resubmission of a rejected application or under any other circumstances will require a new fee. Amendments to a pending application or approved project do not require additional fees.(4) Amendment Sheet. Changes to the project not anticipated in the original application shall be submitted to the Commission on an amendment sheet and must be approved by the Commission as consistent with the Standards for Rehabilitation before they are included in the project. The Commission shall review the amendment sheet and issue a determination in writing regarding whether or not the proposed change in the project is consistent with the Standards for Rehabilitation.(e) Application Part C - Request for Certification of Completed Work. Part C of the application will be used by the Commission to review completed projects for compliance with the work approved under Part B.(1) The applicant shall file Part C of the application after the building is placed in service.(2) The applicant will be responsible for providing sufficient information, including photographs before and after the project, to the Commission by which the Commission staff may verify compliance with the approved Part B. If all requested information is not provided to make a determination that a project is eligible as a certified rehabilitation, the application is incomplete and review of the application will be placed on hold until sufficient information is received.(3) The Commission staff will review Part C 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 C of the application.(A) If the completed project is found to be in compliance with the approved Part B and any required conditions; consistent with the Standards for Rehabilitation, and the building is a certified historic structure at the time of the application, the Commission shall approve the project. The Commission then shall issue to the applicant a certificate of eligibility that confirms the property to which the eligible costs and expenses relate is a certified historic structure and the rehabilitation qualifies as a certified rehabilitation and specifies the date the certified historic structure was first placed in service after the rehabilitation.(B) If the completed project is not consistent with the Standards for Rehabilitation, with the approved Part B, and/or the specific conditions required, and the project cannot, in the opinion of the Commission, be brought into compliance, or if the building is not a certified historic structure at the time of the application, then the Commission shall deny Part C of the application and no certificate of eligibility shall be issued.(C) If the completed project is not consistent with the Standards for Rehabilitation, with the approved Part B, and/or the specific conditions required, and the project can, in the opinion of the Commission, be brought into compliance, the Commission may issue remedial conditions that will bring the project into compliance. The applicant shall complete the remedial work and file an amended Part C. If the remedial work, in the opinion of the Commission, brings the project into compliance, then the Commission shall issue a certificate of eligibility.(4) An application fee is charged before Commission review of Part C of the application based on the amount of eligible costs and expenses listed by applicant on Part C of the application.(A) Applicants must submit the fee with Part C of their application or the application will be placed on hold until the fee is received. The fee is calculated according to a fee schedule approved by the Commission and included in the application.(B) The fee is based on the eligible costs and expenses as indicated in the audited cost report and is not refundable. Resubmission of a rejected application or under any other circumstances will require a new fee. Amendments do not require additional fees.(f) Scope of Review. The review encompasses the entire building's site and environment as well as any buildings that were functionally related historically per §13.1(17) and §13.3(h) of this title (relating to Definitions and Evaluation of Significance, respectively). The scope of review for a project is not limited to the work that qualifies as an eligible expense. All work completed by the current applicant twenty-four (24) months before the submission of the application can be considered part of the project, as is the cumulative effect of any work in previously completed or future phases. Any new construction and site improvements occurring on the historic property are considered part of the project. Individual condominiums or commercial spaces within a larger historic building are not considered individual properties apart from the whole. Multiple interior finish-out projects occurring at the same time, for example, whether completed by an owner, multiple owners, or tenants, must all be reviewed to ensure all work to the building meets the Standards for Rehabilitation.(1) Eligibility for the credit. If a project, including a single phase of work or an overall rehabilitation, does not meet the Standards for Rehabilitation, future work on the building or within a set of functionally related buildings, performed by the same owner, shall not be eligible for a credit under this program. If the building is purchased by a new owner, the new owner may apply for tax credits based on a new application and existing conditions at the time of purchase.(2) An applicant may elect to apply to receive the credit on only the exterior portions of a larger project that includes other work, in which case the scope of review will be limited to the exterior work. For properties that are individually listed on the National Register of Historic Places, are designated as a Recorded Texas Historic Landmark or State Antiquities Landmark, or determined to be eligible for these designations, the scope of review must also include primary interior spaces.(3) For these projects described in paragraph (2) of this subsection, all work completed by the current owner twenty-four (24) months before the submission of the application, and within the same scope of review (e.g. exterior and/or primary interior) is considered part of the project, as is the cumulative effect of any work in previously completed or future phases within the same scope of review.(g) Closure of Inactive Applications. The Commission staff may close applications that have been deemed inactive. Closed applications do not qualify as certified rehabilitations and are not eligible for the Texas Historic Preservation Tax Credit unless reopened per paragraph (6) of this subsection.(1) Applications may be deemed inactive and closed under any of the following circumstances: Part B and Part C application fees have not been received within sixty (60) days of receipt of the application parts; written requests for information necessary to complete the application and provide sufficient documentation to fully review the application are not responded to within sixty (60) days; or, approved application Parts have not progressed to subsequent Parts (for example: Part B has not been submitted following approval of Part A, etc.) and there has been no communication from the applicant to the Commission for a period of twenty-four (24) months or greater.(2) Applications for projects that are simultaneously applying for federal historic tax credits, per §13.8 of this title (relating to Relationship with the Federal Rehabilitation Tax Credit Program) may also be closed upon closure of the federal application by the National Park Service.(3) Applicants will be notified in writing of the potential closure and given sixty (60) days to respond, in writing, with a request for the application to remain open; supply missing or requested information; or to request an extension allowing additional time to compile missing or requested information. If no response is received, the application will be closed. Such requests shall not be unreasonably denied but shall not exceed an additional 60 days.(4) Extensions will be granted, in writing, for a period of time agreed upon by the Commission and the Applicant, based on the status of the project. If an extension is not met, further extensions may be granted if the Applicant documents to the Commission that the project is progressing.(5) Applications that have been closed will be reopened under the following conditions: the project applicant has not changed; the overall scope of work presented in Part B of the application has not substantially changed; and the request to reopen the application is made in writing within twenty-four (24) months from the date the application was closed.(6) If all conditions in paragraph (5) of this subsection are not met, a new application must be filed, including new Part B and Part C application fees.", "sourceNote": "Source Note: The provisions of this §13.6 adopted to be effective September 11, 2014, 39 TexReg 7081; amended to be effective August 15, 2016, 41 TexReg 5992; amended to be effective November 4, 2019, 44 TexReg 6531; amended to be effective May 26, 2021, 46 TexReg 3249; amended to be effective April 30, 2023, 48 TexReg 2089." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213602&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213602", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "13", "label": "TEXAS HISTORIC PRESERVATION TAX CREDIT PROGRAM" }, "rule": { "number": "§13.7", "label": "Inspection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174864", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Inspection. The Commission may conduct an inspection of a project for which an application has been submitted to review current conditions, work completed in association with the current application, or previously executed phases of work.(b) Notice. The Commission must give reasonable notice of not less than 48 hours to the applicant of its intent to inspect the property.", "sourceNote": "Source Note: The provisions of this §13.7 adopted to be effective September 11, 2014, 39 TexReg 7081; amended to be effective April 30, 2023, 48 TexReg 2089." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174864&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174864", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "13", "label": "TEXAS HISTORIC PRESERVATION TAX CREDIT PROGRAM" }, "rule": { "number": "§13.8", "label": "Relationship with the Federal Rehabilitation Tax Credit Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196881&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196881", "queryAsDate": "03/11/2026" }, "ruleBody": "(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 §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.(b) Projects seeking state credit exclusively. If the applicant is eligible to claim a state credit exclusively, then the application forms for the Texas Historic Preservation Tax Credit provided by Commission shall be used. Determinations by the Commission that a project includes a certified historic structure and/or a certified rehabilitation apply only to the Texas Historic Preservation Tax Credit Program and are not binding on any other local or federal tax credit program.", "sourceNote": "Source Note: The provisions of this §13.8 adopted to be effective September 11, 2014, 39 TexReg 7081; amended to be effective November 30, 2015, 40 TexReg 8642." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196881&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196881", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "13", "label": "TEXAS HISTORIC PRESERVATION TAX CREDIT PROGRAM" }, "rule": { "number": "§13.9", "label": "Appeals" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=84400&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "84400", "queryAsDate": "03/11/2026" }, "ruleBody": "(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 §13.6(d)(2)(C) or (e)(3)(B) 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.", "sourceNote": "Source Note: The provisions of this §13.9 adopted to be effective October 31, 2019, 44 TexReg 6361." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=84400&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "84400", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "14", "label": "TEXAS HISTORICAL ARTIFACTS ACQUISITION PROGRAM" }, "rule": { "number": "§14.1", "label": "Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163717&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "163717", "queryAsDate": "03/11/2026" }, "ruleBody": "The intent of these rules is to provide a program by which the Texas Historical Commission, hereafter referred to as the commission, may acquire documents, records, or historical artifacts related to the history of Texas.", "sourceNote": "Source Note: The provisions of this §14.1 adopted to be effective January 25, 2001, 26 TexReg 759." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163717&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "163717", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "14", "label": "TEXAS HISTORICAL ARTIFACTS ACQUISITION PROGRAM" }, "rule": { "number": "§14.3", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163716&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "163716", "queryAsDate": "03/11/2026" }, "ruleBody": "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.", "sourceNote": "Source Note: The provisions of this §14.3 adopted to be effective January 25, 2001, 26 TexReg 759; amended to be effective September 2, 2013, 38 TexReg 5710." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163716&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "163716", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "14", "label": "TEXAS HISTORICAL ARTIFACTS ACQUISITION PROGRAM" }, "rule": { "number": "§14.5", "label": "Acquisition Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7318&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7318", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.", "sourceNote": "Source Note: The provisions of this §14.5 adopted to be effective January 25, 2001, 26 TexReg 759; amended to be effective September 2, 2013, 38 TexReg 5710." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7318&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7318", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "15", "label": "ADMINISTRATION OF FEDERAL PROGRAMS" }, "rule": { "number": "§15.1", "label": "Designation of State Historic Preservation Officer" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187244", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.", "sourceNote": "Source Note: The provisions of this §15.1 adopted to be effective December 31, 1984, 9 TexReg 6315; amended to be effective June 6, 1988, 13 TexReg 2551." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187244&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187244", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "15", "label": "ADMINISTRATION OF FEDERAL PROGRAMS" }, "rule": { "number": "§15.2", "label": "Standards for Administration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163719&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "163719", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) For the purpose of administering and complying with the National Historic Preservation Act of 1966, as amended (National Historic Preservation Act of 1966, Pub. L. No. 89-665, 80 Stat. 915 (current version at 54 U.S.C. § 300101 (Supp. II 2014)); the Tax Reform Act of 1976; (Tax Reform Act of 1976, Pub. L. No. 94-455, 90 Stat. 1520 (current version at 26 U.S.C. § 1 (Supp. II 2014)); the Revenue Act of 1978 (Revenue Act of 1978, Pub. L. No. 95-600, 92 Stat. 2763 (current version at 26 U.S.C. § 1 (Supp. II 2014)); the Economic Recovery Tax Act of 1981 (Economic Recovery Tax Act of 1981, Pub. L. No. 97-34, 95 Stat. 172 (current version at 26 U.S.C. § 1 (Supp. II 2014)); the Tax Equity and Fiscal Responsibility Act of 1982 (Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. No. 97-248, 96 Stat. 324 (current version at 26 U.S.C. § 1 (Supp. II 2014)); the Deficit Reduction Act of 1984 (Deficit Reduction Act of 1984, Pub. L. No. 98-369, 98 Stat. 494 (current version at 26 U.S.C. § 1 (Supp. II 2014)); the Tax Reform Act of 1986 (Tax Reform Act of 1986, Pub. L. No. 99-514, 100 Stat. 2085 (current version at 26 U.S.C. § 1 (Supp. II 2014)); the Archeological Historical Preservation Act of 1974 (Archeological Historical Preservation Act of 1974, Pub. L. No. 93-291, 88 Stat. 174 (current version at 54 U.S.C. §§ 312501-312508 (Supp. II 2014)); the Archaeological Resources Protection Act of 1979 (Archeological Resources Protect Act of 1979, Pub. L. No. 96-95, 93 Stat. 721 (current version at 16 U.S.C.A §§ 470aa-470mm (West 2017); Executive Order 11593; Executive Order 12072; federal programs, as well as other pertinent federal legislation and directives, the Texas Historical Commission adopts as its own the relevant federal rules and regulations, standards, guidelines: 36 Code of Federal Regulations 60: National Register of Historic Places; 36 Code of Federal Regulations 800: Protection of historic properties; 36 Code of Federal Regulations 61: Procedures for State, Tribal, and Local Government Historic Preservation Programs; 36 Code of Federal Regulations 63: Determinations of eligibility for inclusion in the National Register of Historic Places; 36 Code of Federal Regulations Part 67: Historic Preservation Certifications under the Internal Revenue Code; 36 Code of Federal Regulations 68: Secretary of the Interior's Standards for the Treatment of Historic Properties; \"Archeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines\" (48 Federal Register 44716, September 29, 1983); \"Recommended Approach for Consultation on Recovery of Significant Information from Archeological Sites\" (Advisory Council on Historic Preservation, 1999); 36 Code of Federal Regulations Part 79: Curation of Federally Owned and Administered Archeological Collections; \"The Secretary of the Interior's Standards and Guidelines for Federal Agency Historic Preservation Program Pursuant to the National Historic Preservation Act\" (64 Federal Register 20496, April 24, 1998); and \"Guidance on Section 106 Agreement Documents\" (Advisory Council on Historic Preservation, updated 2015).(b) Standards and guidelines formulated and adopted by the Council of Texas Archeologists are adopted by reference for use by the state historic preservation officer insofar as those guidelines do not conflict with federal regulations which apply to the same subjects. The Council of Texas Archeologists guidelines address the following topics:(1) professional performance standards for fieldwork and analysis;(2) cultural resource management reports;(3) curation standards and procedures;(4) historic cemeteries and unmarked historic graves; and(5) survey standards and information regarding the availability of the Council of Texas Archeologists guidelines may be obtained from the Council of Texas Archeologists website: counciloftexasarcheologists.org.", "sourceNote": "Source Note: The provisions of this §15.2 adopted to be effective December 31, 1984, 9 TexReg 6315; amended to be effective June 6, 1988, 13 TexReg 2551; amended to be effective March 5, 1992, 17 TexReg 1459; amended to be effective September 8, 2013, 38 TexReg 5710; amended to be effective January 2, 2018, 42 TexReg 7681." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163719&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "163719", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "15", "label": "ADMINISTRATION OF FEDERAL PROGRAMS" }, "rule": { "number": "§15.3", "label": "State Board of Review/National Register" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163720&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "163720", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.(i) Conduct of meetings. Parliamentary authority shall be according to Robert's Rules of Order, Newly Revised, except where specifically provided for otherwise in these rules.", "sourceNote": "Source Note: The provisions of this §15.3 adopted to be effective December 31, 1984, 9 TexReg 6315; amended to be effective March 5, 1992, 17 TexReg 1459; amended to be effective July 9, 1996, 21 TexReg 5972; amended to be effective May 18, 2009, 34 TexReg 2948; amended to be effective September 8, 2013, 38 TexReg 5710." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163720&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "163720", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "15", "label": "ADMINISTRATION OF FEDERAL PROGRAMS" }, "rule": { "number": "§15.5", "label": "Federal Tax Incentives" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187245", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Eligibility. The certified rehabilitation of a certified historic structure may qualify for a rehabilitation credit on federal income taxes as provided for in the Internal Revenue Code, 26 United States Code§§47, 48(g) and 170(h); applicable Internal Revenue Service regulations including 26 Code of Federal Regulations §1.48-12; and National Park Service regulations including 36 Code of Federal Regulations Part 67.(b) Applications. Pursuant to 36 Code of Federal Regulations §67.1(c), the Texas Historical Commission, as the State Historic Preservation Office, participates in the review of request for certification. Two copies of the Historic Preservation Certification Application must be submitted to the Texas Historical Commission for review. Within 30 days of receipt of a complete, adequately documented application, the commission forwards one copy of the application and the commission's recommendations to the U.S. Department of the Interior for a final certification decision. The Texas Historical Commission provides technical consultation during planning and implementation of project work.", "sourceNote": "Source Note: The provisions of this §15.5 adopted to be effective December 31, 1984, 9 TexReg 6315; amended to be effective September 8, 2013, 38 TexReg 5710." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187245&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187245", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "15", "label": "ADMINISTRATION OF FEDERAL PROGRAMS" }, "rule": { "number": "§15.6", "label": "Rules and Procedures for Certified Local Governments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "147269", "queryAsDate": "03/11/2026" }, "ruleBody": "(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 (16 U.S.C. 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.(b) City participation. City governments may participate in the Program through compliance with the Texas Local Government Code, Chapter 211, which empowers municipal governments to adopt zoning regulation for the purpose of promoting the public health, safety, morals, or general welfare and protecting and preserving places and areas of historical, cultural, or architectural importance and significance. Section 214.00111 of the Texas Local Government Code also provides additional authority specifically to participating local governments for the purpose of preserving substandard buildings that are historic properties.(c) County participation. Counties may participate in the Program through compliance with the Texas Local Government Code, Chapter 318, which empowers the Commissioners Court of each county to appoint a County Historical Commission, for the purpose of initiating and conducting programs suggested by the Court and the THC for the preservation of the county's historic cultural resources that are consistent with the statewide preservation plan.(d) Indian Tribe participation. Indian tribes that effectively meet the definition of a local government in Section 301(3) of the Act may participate in the Program in accordance with Section 101(d)(1)(A) of the Act to establish a program and promulgate regulations to assist Indian tribes in preserving their historic properties.(e) Eligibility for certification of Local Governments. Any city, county, township, municipality, Indian tribe, or any other general-purpose political subdivision of Texas may apply to become a Certified Local Government (CLG) by submitting a Request for Certification to the Texas SHPO. To be considered eligible, the local government must meet the minimum Program requirements pursuant to Title 36, Code of the Federal Regulations, Part 61, and outlined in the HPF grants manual. The Texas SHPO may expand or prescribe additional state requirements and responsibilities. The following are the minimum federal requirements local governments must satisfy for certification:(1) Enforces appropriate State or local legislation for the designation and protection of historic properties;(2) Has established an adequate and qualified historic preservation review commission by State or local legislation;(3) Maintains a system for the survey and inventory of historic properties;(4) Provides for adequate public participation in the local historic preservation program, including the process of recommending properties for nomination to the National Register; and(5) Satisfactorily performs the responsibilities delegated to it under the Act.(f) Certification process of Certified Local Governments. All eligible local governments must submit a completed Request for Certification and Certification Agreement, signed by the chief elected official of the applying local government, along with all necessary requested materials, to the THC. A Request for Certification may be submitted at any time throughout the year. Texas SHPO shall have a reasonable opportunity to review and respond to the request. If the local government meets the minimum requirements for participation in the Program, the Texas SHPO shall forward the Request for Certification and Certification Agreement to the NPS with a recommendation for certification. The NPS shall make the final certification decision. The local government shall become a CLG upon receipt of written notice from the NPS, completing the certification process.(g) Annual requirements for Certified Local Governments for participation in Program. All annual requirements for participation and Program procedures are found in the Texas SHPO's Certified Local Government Preservation Handbook (Handbook), which shall be provided to each CLG upon its certification into the Program.(1) The Texas SHPO shall provide a 60-day period for all CLGs to comment on any proposed significant changes or amendments to the Handbook, keep a record of its consultation process, and follow the procedures outlined in the HPF grant manual.(2) Written notification from the Texas SHPO to the CLGs is sufficient for minor changes, technical corrections and amendments to the Handbook.(h) Monitoring and evaluating CLG performance. The Texas SHPO shall monitor the performance of each CLG on an on-going basis to assure that CLGs fulfill their responsibilities in accordance with the requirements found in the Handbook and the terms of the Certification Agreement. In addition the performance of the CLG shall be reviewed by the Texas SHPO on the basis of recognized standards for historic preservation activities. These standards shall include but not be limited to the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation; National Register criteria for evaluation in reviewing the local government's role in the National Register Program; state survey requirements in assessing the local government's execution of the survey requirement of the CLG regulations; and the Secretary of the Interior's Standards for the Treatment of Historic Properties in considering the local government's role in overseeing work to locally designated landmarks and districts. Evaluation of the performance of the CLG shall include the ability to maintain an adequate and qualified commission as called for in subsection (e)(2) of this section with all commission members having a demonstrated interest, competence, or knowledge in historic preservation.(1) The Texas SHPO shall conduct a full evaluation of each CLG no less than once every four years. Written procedures and standards for evaluating CLG performance in program operation and administration shall be included in the Certification Agreement and in the Handbook.(2) The Texas SHPO shall promptly notify the CLG in writing of the results of the evaluation and must maintain written records for all evaluations.(3) If the performance of a CLG is unsatisfactory, the Texas SHPO shall suggest ways the CLG can improve its performance and stipulate a time frame in which the improvements are to be made.(i) Decertification. If the Texas SHPO determines that a CLG has not complied with the terms of the Certification Agreement, and/or has not improved sufficiently within a reasonable stipulated time frame as recommended during the monitoring process, the Texas SHPO must notify the CLG in writing of its intent to recommend decertification to the NPS. During the decertification process:(1) The Texas SHPO may begin procedures for the suspension and termination of financial assistance to that local governmental entity in accordance with the HPF grants manual.(2) Recertification shall not be permitted until all previously identified inadequacies have been addressed to the satisfaction of the Texas SHPO, and a demonstrated effort has been made by the local government to strengthen local preservation efforts above and beyond previous attempts.(j) Funds for Certified Local Governments. The Act provides that at least 10 percent of the Texas SHPO's annual HPF allocation be made available in the form of sub grants to CLGs to provide financial assistance for local activities associated with the identification, evaluation, designation, and protection of historic and prehistoric properties. Although each CLG is eligible to receive funds from this allocation, there is no requirement that funds be awarded to all local governments that are eligible. All procedures, terms and conditions for application to receive a sub grant as part of the Program shall be found in the Handbook.", "sourceNote": "Source Note: The provisions of this §15.6 adopted to be effective September 1, 2011, 36 TexReg 5360; amended to be effective January 2, 2018, 42 TexReg 7681." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=147269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "147269", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "16", "label": "HISTORIC SITES" }, "rule": { "number": "§16.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196925", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms shall have the specified meanings when used in this chapter unless the context clearly requires otherwise.(1) Commission--The Texas Historical Commission.(2) Executive Director--The Executive Director of the Commission.", "sourceNote": "Source Note: The provisions of this §16.1 adopted to be effective August 31, 2010, 35 TexReg 7727." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196925&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196925", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "16", "label": "HISTORIC SITES" }, "rule": { "number": "§16.2", "label": "Historic Sites Admission and Use" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225887&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "225887", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Admission Fees.(1) An admission fee may be levied at the Commission's historic sites. The fee will grant entry and provide certain privileges for a specific date or part thereof.(2) Reduced fees may be established for visitors in the following categories:(A) Children under 6 years old;(B) Youth 6 through 18 years of age;(C) School children visiting as part of a school activity (field trip);(D) Groups of 10 or more who have made advance reservations;(E) Seniors 65 years or older;( F) Family groups (adults and children combinations);(G) Veterans of the U.S. Armed Forces;(H) Active military members and family; and(I) State Historic Sites Annual Pass.(3) The Commission may enter into agreements with non-profit organizations, in particular friend's groups associated with the Commission's historic sites, to admit members of the organization without payment of an admission fee.(4) An admission fee will be set by the Executive Director and advertised for each historic site, except the National Museum of the Pacific War, San Jacinto Monument, and Port Isabel Lighthouse. The fee will be based on the location, size, facilities and development of each individual historic site.(5) The fee for admission to the National Museum of the Pacific War, San Jacinto Monument, Port Isabel Lighthouse will be established by agreement between the Commission and the respective partner organization as noted in subsection (a)(3) of this section.(6) The Executive Director may at his discretion waive any admission fees or conditions thereof established in this section at any historic site where circumstances adversely affect public enjoyment of the site. The Executive Director may designate other agency personnel to discount or waive admission fees.(7) The Executive Director may discount or waive entrance or other use fees in order to enhance utilization, promote future visitation of historic sites or facilitate contribution of volunteer services. The Executive Director may designate other agency personnel to discount or waive admission fees.(8) Upon finding a need for public safety or welfare or preservation of site resources the Executive Director or his/her designee may impose restrictions on public activity and conduct and may limit the use of any area or facility in any historic site or portion thereof. It is an offense for an unauthorized person to enter or remain in an area or participate in any activity so restricted by the Executive Director.(9) Commission employees and emergency personnel are exempt from this chapter when this chapter conflicts with the discharge of their official duties to the extent of that conflict.(10) The Executive Director may establish an annual admission fee for certain historic sites. The annual permit will admit its holder unlimited admission to a specific property during the calendar year beginning at the date of purchase.(11) The historic sites may accept cash, credit cards, or checks for payment of fees depending on the capability of each site.(12) The Executive Director will establish use fees for historic sites with overnight camping facilities, overnight room rental or additional recreational facilities, including but not limited to RV hook ups, boat launches, and equipment rental.(13) Hours and days of operation of each historic site will be determined by the Executive Director or his/her designee and advertised in a prominent way for each historic site.(b) Activity and Facility Use Fees.(1) Use of the Commission's historic sites by groups for personal or organizational purposes, such as picnics, reunions, receptions, etc. is encouraged as a way to engage a wider audience for the historic sites and increase communities' enjoyment and understanding of the sites and their mission. A reasonable fee may be charged for such use to help offset the Commission's costs and to generate revenue to support a site's primary mission.(2) Facility use may not conflict with the commission's primary mission to preserve and interpret a historic site including:(A) The routine operation of a site for public enjoyment;(B) The ability of visitors to have an enjoyable and educational experience;(C) The safety of staff, visitors, and users; and(D) The availability of site staff to coordinate and oversee these events.(3) The Executive Director or his/her designee will establish guidelines governing circumstances when rentals are appropriate, the times and activities allowed, and special conditions related to preservation and use of a site. This chapter must be consistent with the mission stated in paragraph (2) of this subsection.(4) The Executive Director may establish reasonable use fees for individual historic site activities of facilities. Fees may be established on an hourly, daily, overnight, weekly, monthly, seasonal or annual basis. The Executive Director or his/her designee may waive or reduce the fees where it is in the best interests of the historic site or program.(c) Reservations.(1) Reservations for historic site facilities may be accepted for sites with facilities available for public use. The Executive Director or his/her designee is authorized to prescribe such procedures and conditions for reservations, deposits and partial or full refunds as needed.(2) A written facility use application must be signed and submitted by the requestor describing the purpose of the event or activity, the facilities requested, the number of people anticipated to participate, all activities that are part of the event, schedule of the activity, and duration of the event including time for set up and take-down.(3) The Executive Director or his/her designee will establish site specific requirements and guidelines, in addition to the rules stated in this stated in this section for participants in facility use activities.(d) Routine or Low Impact Events.(1) Routine events including picnics, use of pavilions, shelters or designated areas for social gatherings involving fewer that 50 people and commercial still photography that involves only hand-held equipment, no props and no more than 5 people, including the photographer will be approved by the site manager where the following conditions are met:(A) No significant staff time is needed to set up or take down the area;(B) Applicant agrees to leave the premises in the condition it was found, free of trash and debris;(C) No electrical or other hookups are required;(D) The activity will not interfere with the normal operation of the site or access to the site by visitors during normal open hours; and(E) No alcohol will be consumed.(2) A fee will be charged based on a site's approved facility use fee program.(3) General liability insurance coverage by the applicant with Commission named as an additional insured may be required if deemed necessary by the Site Manager.(4) The site manager will approve or deny a use application for routine/low impact events.(e) Major or High Impact Events.(1) A Facility Use will be considered a major event if it includes any of the following:(A) Commercial photography involving 6 or more people including the photographer, large props, or any stationary equipment, or motion picture filming for sale or profit;(B) Events involving more than 50 people;(C) Use of site staff to set up or take down furniture, tents, equipment, etc.;(D) Historic Site owned tents, furniture, equipment, or utility connections;(E) Serving alcohol; or(F) Interfering with the normal operation of the site or disrupting visitor services.(2) Sponsors/applicants for use of a Commission historic site for a major event must sign a written agreement with the Commission to be approved by the Executive Director or his/her designee. The sponsor must be provided a copy of the site's Facility Use Rules.(3) The sponsor must provide general liability insurance coverage in an amount determined by the Executive Director or his/her designee naming the Commission as an additional insured. If alcohol will be served, the sponsor or caterer must provide liquor liability insurance with a minimum limit of $1 million per occurrence. A certificate of insurance coverage must be included in the written agreement for facility use.(4) Alcohol (wine and beer only) may only be served at a private event. The site manager will determine if and how many security personnel are required for any event at which alcohol is served. Security personnel will be hired and paid by the program/activity sponsored.(5) Minors may attend events where alcohol is served, only if the minor's parent or guardian is present.(6) A fee will be collected based on a site's approved facility use fee program. In addition, sponsors will pay the cost of all staff overtime required to properly set up, take down and supervise the event as determined by the Executive Director or his/her designee.(f) Facility uses including the following activities are permitted at Commission historic sites only with the express permission of the Executive Director or his/her designee:(1) Events that pose a risk of damage to the site or injury to persons attending the event.(2) Fundraising events for other non-Commission affiliated non-profit organization.(3) Events involving firearms.(g) The following activities are not permitted as part of a facility use activity at Commission Historic Sites:(1) Events that are incompatible with or conflict with the public service, preservation and educational mission of the historic site;(2) Events that may endanger natural or cultural resources of the site through physical impact, over use, or overcrowding;(3) Events involving live ammunition or pyrotechnic displays;(4) Political events or activities;(5) Events involving unsupervised or inadequately supervised minor children;(6) Events or activities that involve domestic animals without appropriate controls or supervision, or wild animals under any circumstances; or(7) Commercial activities including selling, recruiting, soliciting or promoting products or services to visitors, in particular, activities that promote cigarette smoking, alcohol consumption, or behavior inappropriate at a State Historic Site.", "sourceNote": "Source Note: The provisions of this §16.2 adopted to be effective August 31, 2010, 35 TexReg 7727; amended to be effective December 31, 2013, 38 TexReg 9499; amended to be effective January 2, 2018, 42 TexReg 7682; amended to be effective November 4, 2019, 44 TexReg 6533." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=225887&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "225887", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "16", "label": "HISTORIC SITES" }, "rule": { "number": "§16.3", "label": "Addition of Historic Sites or Real Property to the Texas Historical Commission Historic Sites Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165110", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Criteria for the addition of new Historic Sites. 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.(b) Evaluation Process. To evaluate the site against these criteria, the Commission will follow a three-step process as follows.(1) In phase one, staff will determine if the property should be recommended to be added to the Commission's portfolio of State Historic Sites. The preliminary evaluation will briefly address the following issues:(A) Where is the property located?(B) What is the current condition of the property?(C) What improvements would need to be made to meet THC standards for visitor access, experience, and safety?(D) What is the importance of the property in Texas and/or American History?(E) What is the estimation of the property's value, strategically, operationally and culturally?(F) Are there resources such as artifact collections or endowment that accompany the property?(G) Are there resources available to adequately interpret the property's themes and stories to the public?(H) Are the necessary resources available to preserve and care for the property's physical infrastructure and collections? (I) Does THC have the financial and FTE resources to operate the property?(J) What is the property's potential for the generation of sustainable visitation and revenue?(2) Phase 2. If the property is recommended for additional study, a staff committee will be assigned to conduct a preliminary review of the property with reference to criteria noted in subsection (a) of this section. The committee will make a recommendation to the Commission whether to proceed with the development of a historic site management plan in phase three of the evaluation process.(3) Staff will obtain and use the following information in phase two:(A) A description of the property, including land, structures and other features.(B) A preliminary inventory of collections and equipment.(C) A statement of significance or reference to its designation on the National Register of Historic Places/National Historic Landmark and an evaluation of the site's integrity.(D) A statement from the current owner indicating a willingness to transfer the real and relevant personal property and the terms and conditions for such a transfer.(E) Needed and available funding for development costs and continuing operational costs.(F) Letters of support from interested parties, including an indication of willingness to create an appropriate support group.(G) A statement identifying how the property would support the educational mission of the Historic Sites Program to serve a broad and diverse audience.(H) A preliminary estimate of the visitation and costs for development and operation of the site.(4) Phase 3. Upon positive action by the Commission on the recommendation noted in paragraph (2) of this subsection, the staff will prepare or have prepared a management plan in phase three for the site's evaluation including:(A) Evaluation of the site, including but not limited to buildings, support facilities, infrastructure (including roads, trails, utility service/water and sewer systems), landscape features, and collections.(B) Required staffing and services for operation of the site, including ongoing costs of preservation, operation, maintenance and marketing.(C) Preservation and facility development needs.(D) Costs and timeline for making the property available to the public.(E) Required staffing and consultant services for development of the site.(F) Projected audience/annual visitation, sources of funding to support programming including community partnerships, potential earned revenue, philanthropic and endowment.(5) The management plan will be reviewed by a panel of experts including an independent Texas historian, museum professional, and expert in heritage tourism and their recommendation will be taken into consideration by the Commission to determine whether the property should be accepted.(6) The decision to accept a site is within the sole discretion of the Commission, including determining whether acceptance of a property that meets all technical criteria is in the best interest of the State.(c) Criteria for the addition of real property. The Commission finds there are many factors that affect the suitability of real property for use as a historic site or inclusion in the Texas Historical Commission Historic Sites Program and objectively quantifying the relative value of one tract of land over another can be difficult if not impossible. However, all potential acquisitions (including donations) of real property will be evaluated for their attributes with respect to the categories delineated in this subsection. The relative importance of each parameter within the categories will vary from proposal to proposal, depending on the specific needs and goals of the Commission at the time of consideration. Real property that meets the criteria in this subsection may be acquired by purchase or donation by action of the Commission on recommendation of the Executive Director, without the evaluation process described in subsection (b) of this section.(1) Historical or Interpretive Value. The real property being acquired:(A) offers or provides significant archaeological, cultural, historical, or interpretive value consistent with the commission's mission of preserving and protecting the historical resources of the State;(B) qualifies as a Traditional Cultural Property (TCP);(C) may enhance the visitor experience or understanding of an existing state historic site; or(D) restores a historic site's original cultural landscape.(2) Contiguity with Existing State Historic Sites. The real property being acquired: (A) is near or adjacent to an existing state historic site; (B) will enhance the preservation, protection, or interpretation of an existing state historic site; (C) will provide or enhance access to an existing state historic site;(D) is needed to support the operations of the state historic site as a program support facility; (E) will provide buffers for existing state historic sites from development or other incompatible land uses; or(F) will protect viewsheds, landscapes, or the historic character of an existing state historic site.(3) Other characteristics of significance. The real property being acquired may:(A) have been historically associated with an existing state historic site;(B) yield information important in prehistory or history;(C) accommodate critical non-historic construction, utilities, or uses that would otherwise compromise the historic nature and character of an existing state historic site; or(D) fill a gap in the inventory of historical or cultural resources offered by existing state historic sites. (4) The decision to add real property to the Texas Historical Commission Historic Sites Program is within the sole discretion of the Commission, including determining whether the acceptance or purchase of a particular tract of real property is in the best interest of the State. When considering whether to purchase real property to add to the Texas Historical Commission Historic Sites Program, the Commission in its sole discretion may determine the appropriate price to pay for the real property, even if that price exceeds the fair market appraised value, based on the criteria in subsection (c) and the historical significance of the real property to the State.(d) A right of way or easement required to allow for installation or connection of necessary utilities at a THC State Historic Site between regular meetings of the Commission may be approved by the Executive Director with the approval of the Chairman. This action will be ratified at the next meeting of the Commission.", "sourceNote": "Source Note: The provisions of this §16.3 adopted to be\r\neffective August 25, 2008, 33 TexReg 6810; amended to be effective\r\nAugust 31, 2010, 35 TexReg 7727; amended to be effective December\r\n31, 2013, 38 TexReg 9499; amended to be effective January 2, 2018,\r\n42 TexReg 7682; amended to be effective November 22, 2020, 45 TexReg\r\n8127; amended to be effective August 27, 2025, 50 TexReg 5451." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165110&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165110", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "16", "label": "HISTORIC SITES" }, "rule": { "number": "§16.4", "label": "Rules of Visitor Conduct" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165111", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Visitors will observe posted hours. No visitors are allowed on the site between closing and opening hours except for site special events, permitted campers in designated areas, or overnight stays in designated lodging.(b) Historic resources including buildings, structures, objects, and archaeological specimens shall not be damaged, moved, unearthed, collected, or removed from the historic site. No metal detecting or other archeological investigations may be conducted on a State Historic Site without an Antiquities permit for archeological work issued by the Commission under Texas Natural Resources Code, Chapter 191.(c) Visitors are required to pay the established entrance fees except with a complimentary admission approved by the Executive Director or his/her designee.(d) All vehicles and trailers must be operated and parked in designated areas only, unless otherwise specified by site employee.(e) Visitors may not exceed the posted speed limit on site roads and will observe all traffic signs. Where no speed limit is posted visitors may not exceed 15 MPH on site roads.(f) No vehicles are allowed to remain in historic site parking lots after normal operating hours except vehicles associated with permitted camping or lodging or with the express written permission of the site manager.(g) Visitors will not display or discharge firearms, ammunition, fireworks, or explosives.(h) Visitors may not hunt, trap, catch, or remove wildlife except fish. Fishing must be conducted in accordance with state law and rules.(i) Visitors shall not use camp stoves or build, light, or maintain a fire except in a designated area and in facilities provided for such purposes. When an extreme fire hazard/burn ban has been posted fires must be approved by the site managers and under close supervision.(j) No smoking is permitted within the boundaries of the historic site except in smoking areas explicitly designated by the Site Manager.(k) Visitors shall not willfully injure, destroy, cut or remove any plant or plants from a state historic site.(l) No pets are allowed in any buildings except for service animals and in kennels provided for the purpose (fees may be charged). All pets outside, including dogs and cats, must be in a carrier, or secured on a leash not exceeding 6 feet in length and under control of the owner at all times. Owners must clean up after their pets. No animals may be released on the site.(m) No alcoholic beverages may be consumed or displayed at a historic site except as provided by this chapter.(n) Visitors may not engage in commercial activity, including selling, recruiting, soliciting or promoting products or services.(o) Visitors may not dispose of trash, junk, garbage, refuse or other solid waste except in designated receptacles. Only a reasonable amount of trash, associated with the visitor's use of the site, may be left in such a receptacle.(p) Any vehicle, boat trailer, or other property found parked, stored or left in a historic site may be removed and stored at the owner's expense. After a period of 30 days such vehicle or property may be disposed of by the Commission through sale or other methods.(q) Off road or all-terrain vehicle use is prohibited.(r) No photography is allowed in non-public areas within Commission facilities, including office areas, residences, maintenance, safety and storage or restroom facilities, except as authorized by the site manager to meet program requirements.(s) Photography is allowed in public areas of THC facilities when it is done using personal, hand-held cameras, camera phones and video equipment to take images for personal use only, except:(1) where it would interfere with the conduct of programs, tours or other use of the facility;(2) include other individuals who object to being photographed or where it would invade their privacy or embarrass another;(3) where it would compromise security of the buildings or artifacts.(t) In the case of commercial photography involving use of specialized photographic equipment including stationary lights and tripods, involvement of more than one person in a photographic crew, for commercial use, publication or for the purpose of making a reproduction of an artifact, approval may be required as described in either §16.2(d) of this chapter (relating to Routine or Low Impact Events) or §16.2(e) of this chapter (relating to Major or High Impact Events). A fee may be charged.(u) Additional rules that may be required for the safe and efficient operation of any individual site may be adopted by the site manager with the approval of the Executive Director or his/her designee. Such rules may include, but are not limited to:(1) Rules regarding equines and demonstrations;(2) Rules regarding photography/flash photography; or(3) Rules regarding camping or use of camping equipment such as portable camp stoves.", "sourceNote": "Source Note: The provisions of this §16.4 adopted to be effective August 31, 2010, 35 TexReg 7727; amended to be effective December 31, 2013, 38 TexReg 9499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165111&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165111", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "16", "label": "HISTORIC SITES" }, "rule": { "number": "§16.5", "label": "Penalties" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165112", "queryAsDate": "03/11/2026" }, "ruleBody": "Penalties for violations of §16.4 of this chapter (relating to Rules of Visitor Conduct) are Class C Misdemeanors, pursuant to Texas Government Code, §442.205.", "sourceNote": "Source Note: The provisions of this §16.5 adopted to be effective August 31, 2010, 35 TexReg 7727; amended to be effective December 31, 2013, 38 TexReg 9499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165112&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165112", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "16", "label": "HISTORIC SITES" }, "rule": { "number": "§16.6", "label": "Volunteer Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209822&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209822", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.(b) The Executive Director or his/her designee may waive site entrance fees and overnight fees for a volunteer to assist in the accomplishment of the volunteer's service to the agency.(c) The Executive Director may expend funds appropriated to the agency from dedicated funding sources for:(1) Establishment of an insurance program to protect volunteers in the performance of volunteer service; and(2) Recognition of the services of a volunteer or volunteer group.(d) Volunteers may not speak on behalf of the commission or its historic sites, or sign legal documents such as invoices, receipts, or contracting documents. This does not prevent volunteers from presenting historical information or interpretation to site/museum visitors.(e) Juvenile volunteers are those persons between the ages of 12 and 18 who express a desire to participate in a recognized volunteer program administered by the Commission at state-owned historic sites and who have secured parental or guardian consent to participate in these volunteer programs. No person under the age of 12 will be permitted to participate in a Commission volunteer program unless the minor's parent or guardian is present at the site and agrees to supervise the minor at all times during the volunteer program.(1) Parental or Guardian Authorization.(A) All juvenile volunteers must have written authorization and waiver of liability from a parent or guardian to participate in Commission's juvenile volunteer program.(B) Parental or guardian authorization must be renewed annually or when the juvenile volunteer's assignment of duties or tasks has been changed. If off-site assignments or field trips are considered, separate written parental or guardian consent will be required prior to the trip.(2) Supervision.(A) Commission supervisors or trained volunteers will assign all juvenile volunteer duties, tasks, and assignments.(B) Juveniles may participate in volunteer activities if they are under the direct control and supervision of their parents or guardians, an experienced Commission staff member, or an experienced adult volunteer.(C) In case of an emergency, juvenile volunteers will be treated as visitors, removed from the area of danger, and prohibited from participating in or assigning with the emergency abatement process. Juvenile volunteers may not return to their duties, tasks, or assignments until the emergency has been abated and a Commission staff member or other authorized personnel have determined that it is safe for the juvenile volunteers to return to work.(D) Juvenile volunteers must wear safety equipment and clothing where deemed necessary or required by law. Commission sites will provide juvenile volunteers with required safety training and equipment.(3) Training. After appropriate training by an authorized Commission staff member, juvenile volunteers may work at all duties and assignments, except those specifically prohibited by law or the Commission listed in paragraph (4) of this subsection.(4) Work Assignments. Juvenile volunteers may not be assigned to work on or near hazardous projects or conditions or perform difficult or strenuous tasks such as:(A) Specific duties on or around boats;(B) Work involving fire, including but not limited to tending, building, lighting, cooking over, extinguishing, and blacksmithing;(C) Operating mechanical equipment or motor vehicles;(D) Work under certain dangerous weather conditions where the National Weather Bureau or local news media has warned the locality that such conditions may prevail. This includes high winds, floods, tornadoes, hurricanes, blizzards. Juvenile volunteers must be provided shade or other protection from sustained direct sun;(E) Assignments involving weapons of any kind, ammunition, or dangerous explosives, including hunting and military demonstrations, without the presence and direct supervision of a parent or guardian during the activity;(F) In the operation or management of hoisting equipment;(G) In oiling or cleaning machinery in motion;(H) In the use of materials with poisons or use dangerous or poisonous chemicals such as pesticides, lead and acids; or(I) Working in or around activities where alcoholic beverages are served or handle alcoholic beverages.(5) Minors under 16. A minor under 16 years of age may not do any of the following:(A) Handle assignments involving manufacturing or mechanical processes;(B) Participate in demonstrations using weapons, ammunition, dangerous explosives or black powder;(C) Work on a ladder or scaffolding;(D) Engage in heavy work in the building trades;(E) Operate a motor vehicle of any description;(F) Work in animal care or handling; or(G) Operate power lawn mowing equipment.(6) Juvenile volunteers may not supervise any employee, other volunteer or program participant.", "sourceNote": "Source Note: The provisions of this §16.6 adopted to be effective August 31, 2010, 35 TexReg 7727; amended to be effective December 31, 2013, 38 TexReg 9499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209822&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209822", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "16", "label": "HISTORIC SITES" }, "rule": { "number": "§16.7", "label": "Supporting Nonprofit Partners" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165113", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.(c) The SNP will promptly notify THC of any change to its legal or tax-exempt status.(d) If an SNP ceases to exist, any funds raised for the benefit of the State Historic Site will be paid to THC or to the FTHC for use at that State Historic Site.(e) SNPs subject to these provisions:(1) Will not hold or obligate THC funds.(2) Will comply with all applicable rules, regulations, and laws regarding discrimination based on race, color, national origin, sex, age, and disability.(3) Will not use or permit the use of THC's intellectual property without the express written agreement of THC, including trademarks, logos, names, and seals.(4) Will not employ a THC employee in a paid position or provide compensation or any direct personal benefit to a THC employee.(5) May use equipment, facilities, or services of employees of THC as long as such use follows a written agreement that provides for the payment of adequate compensation or identifies the way in which such use will benefit THC.(6) Will prepare and send to the appropriate THC Site Manager and to the THC Community Engagement Coordinator an annual report including a list of the primary activities undertaken during the previous year, a summary of significant achievements and challenges over the previous year, and other information requested by the THC, and an annual plan of activities proposed for the following year, also making said report and plan publicly available.(7) Will complete their annual IRS 990, 990-EZ, 990-N, or 990-PF, depending on the amount of their income and type of nonprofits status, and provide THC with proof of IRS receipt. They will also make the IRS 990 available to the general public, upon request, regardless of whether or not an SNP is required to file an IRS 990 with the IRS.(8) Will file their articles of incorporation, by-laws, most recent financial statements, and any updates to these documents with THC. These documents will be made available to the public upon request.(9) Will not engage in activities that would require it or a person acting on its behalf to register as a lobbyist under Texas law, Texas Government Code, Chapter 305. However, SNPs may provide information to the legislature or to other elected or appointed officials.(10) Will not donate funds to a political campaign or endorse a political candidate.(11) Will notify the THC Site Manager of all meetings and allow a THC representative to attend all meetings. This includes, but is not limited to, meetings of its general membership, managing board, and committees. The Site Manager must be notified by letter, email, or telephone sufficiently in advance of the meeting to allow the THC representative to attend. An SNP should also notify other SNPs associated with the property, facility, or program of all meetings and allow a representative to attend.(12) Will raise funds in support of their associated sites only for the specific purposes authorized in writing in advance by THC.(13) Will undertake programs that support THC's mission as agreed to in writing in advance by THC.(14) Will decline donations that require particular action to be taken by THC unless agreed to in writing in advance by THC.(15) Will account for all funds acquired by using Generally Accepted Accounting Principles.(16) Will use all donations received to benefit the facility, property, or program with which the SNP is associated or further the SNP's mission related to the facility, property, or program, including donations to defray operating costs.(17) May make unrestricted cash donations to THC, which THC may choose to designate for use for a specific project or program.(f) The officers and directors of an SNP subject to these provisions:(1) Will adopt and maintain a conflict-of-interest policy. This policy must include safeguards to prevent board members or their families from benefiting financially from any business decision of the SNP.(2) Will ensure that any compensation paid to executives or managers is reasonable.(3) Will hold at least two regular meetings of the Board of Directors annually.(4) Will ensure that each board member and/or director is duly informed of the SNP's activities, and will provide new board members with the following:(A) A copy of the SNP's articles of incorporation and by-laws.(B) A copy of the SNP's most recent financial statements.(C) A copy of the THC's administrative rules on SNPs and sponsorship.(D) A copy of any current agreements between the SNP and THC.(g) The following provisions shall govern an SNP's ability to ask for and accept sponsorships for their or THC's projects and programs:(1) For purposes of this section, a sponsorship is the payment of money, transfer of property, or performance of services in which there is no expectation of any substantial return benefit other than recognition or a non-substantial benefit.(2) All sponsorship requests must have prior written approval of the THC Site Manager.(3) All statewide sponsorships and their recognition must have prior written approval from the THC Executive Director.(4) All local sponsorships and their recognition must have prior written approval from the THC Site Manager whose area of responsibility includes the facility, property or program to be supported by the local sponsorship.(5) SNPs may not ask for or accept sponsorships from a person or entity in litigation with THC or determined by the THC to conflict with THC's mission or legislative mandates.(6) Recognition for sponsors:(A) Is allowed only in the context of the particular THC program that the sponsor has supported with a financial or in-kind contribution.(B) Is allowed only if the contribution is greater than the cost of recognition.(C) Will not be in the form of signage on motor vehicles or trailers owned by the state that were purchased or maintained with THC funds.(D) Will not overshadow the project, purposes of the project, mission, or branding of THC.(7) In determining the type of recognition appropriate in each case, THC will consider:(A) The level of contribution in terms of percentage of funds required to complete the program, event, or material.(B) The level of contribution related to total sponsorship dollars received.(C) The scope of exposure (for example, statewide, regional, local, or a single location).(D) The duration of exposure (for example, one day, one month, one year).(E) The sponsor's name or logo and a reference to sponsor's location may be broadcast or displayed. However, the recognition may not promote the sponsor's products, services, or facilities.(F) THC officers and employees may not act as the agent for any SNP or donor in negotiating the terms or conditions of any agreement related to the donation of funds, services, or property to THC by the SNP or donor.(h) THC shall maintain a list of SNPs, which shall be made available to the public upon request.(i) THC will not hold or obligate funds or property belonging to an SNP.(j) THC may develop model policies and procedures for use by SNPs.(k) THC will provide a liaison to serve as a resource to SNPs and to administer the terms of an SNP's Memorandum of Agreement with THC.(l) THC employees may serve as non-voting members of the board of an SNP only in an ex-officio capacity.", "sourceNote": "Source Note: The provisions of this §16.7 adopted to be effective August 21, 2022, 47 TexReg 4968." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165113&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165113", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "16", "label": "HISTORIC SITES" }, "rule": { "number": "§16.8", "label": "Contracts for Public Works" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "165114", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall solicit, evaluate, negotiate, select and award contracts for construction projects by means of a fair and impartial method as authorized by applicable law.(b) The Commission shall ensure that any method used to solicit, evaluate, select and award a contract for construction results in the best value for the Commission.", "sourceNote": "Source Note: The provisions of this §16.8 adopted to be effective December 31, 2013, 38 TexReg 9499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=165114&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "165114", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "16", "label": "HISTORIC SITES" }, "rule": { "number": "§16.9", "label": "Disclosure of Personal Customer Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173336&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173336", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In accordance with Texas Government Code, §442.0054, the Texas Public Information Act is not applicable to personal customer information obtained from persons who purchase customer products, licenses, or services from the Commission.(b) The Commission will collect and use personal customer information only as required to carry out Commission functions.(c) This chapter shall apply to customer information regardless of the form in which the customer information is maintained and shall also apply to mailing lists.(d) The Commission will not sell or exchange any personal customer information as described in subsection (a) of this section.(e) The name and address and telephone, social security, driver's license, bank account, credit card, or charge card number of a person who purchases customer products or pays for admission or facility use at a State Historic Site operated by the Commission will not be disclosed except as otherwise required by law or as authorized:(1) to federal or state law enforcement agency if the agency provides a lawfully issued subpoena; or(2) to another governmental body with a statutory authority to request and use the information that agrees to maintain confidentiality of the information.", "sourceNote": "Source Note: The provisions of this §16.9 adopted to be effective December 31, 2013, 38 TexReg 9499." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173336&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173336", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "16", "label": "HISTORIC SITES" }, "rule": { "number": "§16.10", "label": "Commemorative Naming of State Historic Site Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187248", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.", "sourceNote": "Source Note: The provisions of this §16.10 adopted to be effective August 31, 2015, 40 TexReg 5457." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187248&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187248", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "16", "label": "HISTORIC SITES" }, "rule": { "number": "§16.11", "label": "Philanthropic Naming of State Historic Site Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195479&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "195479", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Philanthropic naming refers to the naming of a property or some component of a property for an individual or civic or charitable group in exchange for financial or other consideration.(b) The term \"civic or charitable group\" shall mean a nonprofit entity, family or group. 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) Philanthropic naming rights may only be granted as part of a philanthropic naming rights plan developed in support of a particular project at a State Historic Site and approved by the Commission.(e) Philanthropic naming rights plans shall establish an aggregate campaign goal, taking into consideration capital costs, annual operating and maintenance costs, desirability and marketability, and visibility and prominence of the features to be named.(f) Subsequent to the approval of a philanthropic naming rights plan by the Commission, the Executive Director and the Deputy Executive Director for Historic Sites, working with the agency's Development Director, shall have the authority to independently review and approve naming proposals consistent with said plan. In reaching this decision, they shall consider whether the gift is from a potentially controversial source, how the donation is to be acknowledged on the site, and any other relevant factors. If, in the opinion of the staff the gift could be controversial, staff may refer the proposed gift to the Commission for final approval.(g) All assets for which naming rights will be offered shall be valued as a function of the aggregate campaign goal within the philanthropic naming rights plan.(h) All naming rights shall be approved for a specific term, which shall not be longer than the useful life of the property or facility, as determined by the Commission, unless otherwise established in the naming rights plan approved by the Commission.(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.(j) Guidelines in the recognition and acknowledgement of gifts and donations dedicated to State Historic Sites are detailed in the \"Texas Historical Commission Donor Recognition Policy\" as posted on the Texas Historical Commission's website at thc.texas.gov. Design guidelines for State Historic Sites donor recognition are detailed and incorporated into the \"Texas Historical Commission Donor Recognition Policy\" to include general guidelines, specific design guidelines, recognition of campaign/endowment donors at historic sites facilities and recognition of annual operating gifts at historic sites facilities.", "sourceNote": "Source Note: The provisions of this §16.11 adopted to be effective August 31, 2015, 40 TexReg 5457; amended to be effective January 2, 2018, 42 TexReg 7682." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=195479&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "195479", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "16", "label": "HISTORIC SITES" }, "rule": { "number": "§16.12", "label": "Operation and Leasing of State Historic Site Concessions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200398&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200398", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.(b) General Requirements(1) Visitor services and accommodations may be operated by concessioner under contractual arrangements with the Commission. Concessions are provided for public use and enjoyment and is in line with the mission of the Commission meeting its educational and preservation objectives.(2) A concessioner may be permitted the use of buildings, structures, and site improvements in accordance with the terms of the contract and provided they assume full responsibility for the maintenance and repair due to wear and tear during their period of use.(3) The executive director, subject to the provisions of commission policy, shall take such action as may be appropriate to encourage or enable the use of private funding investment to provide visitor services and accommodations necessary for the full enjoyment of state historic sites properties administered by the Commission.(c) Concessioner Selection(1) The solicitation, recruitment and selection of concessioners within state historic sites shall be accomplished in a manner appropriate for the scale of the investment and term of the business opportunity ensuring that the selection process is fair and equitable and in compliance with all applicable contracting and purchasing laws.(2) A concessioner will be selected with great care to ensure that the concessioner can successfully operate the concession in compliance with the contract between the concessioner and the Commission.(3) The granting, termination, amendment, transfer, assignment, and enforcement of all leased concession contract requirements and provisions of such contracts is delegated to the executive director, or his delegee.(4) Site managers may select vendor services (food trucks, popup retail, markets, etc.) for special events and weekends to enhance public amenities during these limited periods of time in accordance with state contracting and purchasing laws. These will be approved by the director of historic sites operations and authorized utilizing a revocable temporary contract which may be executed by the deputy executive director of historic sites.(d) Types of Concession Contracts(1) A long-term concession contract over a 1-year period will be used to grant major concession rights and privileges when the concessioner is required to make sizable investments over $5,000 in merchandise inventories, equipment or furnishings, tenant finish, or maintenance or repair to state-owned facilities.(2) A revocable short-term contract under a 1-year period shall be used to grant concession privileges when warranted by the scope and size of the concession and as allowed by state contracting and purchasing laws. Examples include merchandise vending machines, coin operated machines, equipment rental, and other miscellaneous services or accommodations deemed appropriate for the state historic site by the deputy executive director of historic sites. An announcement concerning the availability of concession services may not be issued, with a vendor directly selected for weekend and other limited seasonal concessions where no state payment is provided or state payment to any vendor is under $5000.(3) A revocable temporary contract may be used when allowed by state contracting and purchasing laws and when deemed necessary to address business objectives for special event services and programs, provide interim services, or during a test period to determine the feasibility for adding a new concession to a state historic site.(e) Contract Terms(1) All contracts shall be executed for a short or long-term contract commensurate with the size of the total investment required from the concessioner. The duration of the contract shall be set for a period to allow for a reasonable opportunity for the concessioner to achieve a return on their investment.(2) The penalties and interest assessed for delinquent franchise fees shall be stated in the contract but may not exceed the penalties and interest rate established in the Texas Tax Code §111.060 and §111.061.(3) Penalties and/or interest under this section may be waived by the executive director or designee for good cause.(4) The rates and charges prescribed by the concessioner shall be subject to the approval of the executive director or designee. The reasonableness of the concessioner's rates and charges to the public shall be judged primarily by comparing with current charges for facilities and services of comparable character under similar conditions. Consideration shall be given to factors deemed relevant to the type of concession, location, and business conditions.(f) Franchise Fee Rates and Charges(1) Franchise fee rates shall be determined by the executive director or his designee in an equitable and fair manner, considering the various types of operations, gross receipts, net profit, and capital invested. Single or multiple percentages applied to all or various kinds of gross receipts may be considered in new or amended contracts.(2) A penalty of 5.0% of the franchise fee due shall be imposed on a leased concessionaire who fails to pay the fee as required under the signed contractual agreement, and if that person fails to pay the fee within 30 days after the day when the fee is assessed, an additional 5.0% penalty shall be imposed.(3) Delinquent fees accrue interest beginning on the 61st day after their due date.(4) The yearly interest on all delinquent franchise fees is the prime rate plus one per cent, as published in the Wall Street Journal on the first day of the calendar year that is not a Saturday, Sunday or a legal holiday.(5) The penalties and interest assessed may not exceed the penalties and interest rate established in the Texas Tax Code §111.060 and §111.061.(6) Penalties and/or interest under this section may be waived by the executive director for a good cause.(7) The rates and charges established by the concessioner shall be subject to the approval of the executive director or his designee. The reasonableness of the concessioner's rates and charges to the public shall be judged primarily by comparing with other like businesses and services, uniformity with other state historic sites, current market charges for facilities and services of comparable business under like conditions. Consideration shall be given to factors deemed relevant to the type of concession, location, term and business type provided.(g) Reporting(1) Concessioners shall submit reports as timed and directed in the contact and keep business records in good order as to allow the executive director to audit and determine that all terms and conditions of the concession contract have been and are being faithfully performed.(2) The state auditor, or duly authorized representative of the agency, shall, for audit and examination, have access to all records and other books, documents, statements and papers of the concessioner pertinent to the contract.(3) All incidents occurring on a state historic site will be reported to the appropriate site manager or designated state property representative. Incident reports are required to be generated within 24 hours of the event and will be shared with the State Office of Risk Management.(h) Bond and Insurance(1) The executive director may require the concessioner to furnish a bond conditioned upon the faithful performance of the contract. For construction or other impacts at state historic sites, the concessioner will be required to furnish a performance bond and a payment bond, in addition to other statutory bonding requirements, and may be required to take actions to ensure the protection of the interests of the commission and the public.(2) The concessioner shall carry such liability and other required insurance as deemed appropriate by the agency and in accordance with the contract.(3) The concessioner will name the Commission as additionally insured in all required policies and will ensure they remain valid and up to date in accordance with the contract.(i) On-site Services(1) The commission may provide service such as utilities to the concessioner, at its discretion and as set forth in the contract.(2) The agency may assess reasonable rates fixed by the agency to the concessioner. Where feasible, metered utilities supplied to the concessioner will be installed.(3) In the instance where a property is leased to an operating entity, the maintenance and utilities of that property, will be the responsibility of the concessioner.", "sourceNote": "Source Note: The provisions of this §16.12 adopted to be effective June 6, 2019, 44 TexReg 2707." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200398&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200398", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "16", "label": "HISTORIC SITES" }, "rule": { "number": "§16.13", "label": "Management of Collections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196882&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196882", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Ownership. The Commission is responsible for the management of archeological, archival, architectural, historic furnishing, and fine arts collections associated with historic sites overseen by the Commission. The Commission is granted authority over these collections by this section and §29.7 of this title (relating to State Associated Collections).(b) Governance. Statutory and administrative authority over state-owned collections that are managed by the Commission is established in Texas Natural Resources Code §§191.051, 191.058, 191.091, 191.092; Texas Government Code §§442.007, 442.015; 442.075, 2175.909; and in Chapter 26 and 29 of the Texas Administrative Code. Operational and procedural requirements related to the care and management of state-owned collections overseen by the Commission are outlined in the Commission's Collections Management Policy (CMP).(c) Deaccessioning. The Commission recognized the special responsibility associated with the receipt and maintenance of objects of cultural, historical, and scientific significance in the public trust. The decision to deaccession state-associated held-in-trust object and collections is the responsibility of the Commission and is governed by this section and §26.5 of this title (relating to Antiquities Advisory Board).(d) Final disposition of deaccessioned collections. Following confirmation that a collection object is not subject to any conditions established at the time of acquisition that may affect its disposition and that there is sufficient documentation to a sure clear title to the object, a deaccessioned collection object will be disposed of in accordance with this section. All efforts will be made to contact the original donor to provide notification of pending collections disposition. In accordance with U.S. income tax policy, the Commission is not able to return deaccessioned object to their original donors or donors' estates.(1) Transfer or exchange. A deaccessioned collection object may be offered for transfer or exchange to another public institution within the State of Texas. Any such transfer or exchange will occur only on the written understanding that the object must remain within the public domain for a period of ten years, Recipient institutions will incur all transportation costs, unless otherwise agreed, and are expected to provide appropriate preservation and/or exhibit facilities.(A) Qualified institution. Recipient institutions must have an established collections policy. The collection object(s) being transferred should fall within the recipient institution's scope of collections and the objects should be candidates for exhibition or study within the institution.(B) Object title. Title to deaccessioned objects will be transferred along with the deaccessioned collection(s) to the recipient institution. In the event that the recipient institution is unwilling or unable to appropriately maintain the transferred collection(s) for the requisite ten years, title will revert back to the Commission and the Commission will assume responsibility for managing the objects' final disposition.(2) Sale. If a deaccessioned collection object cannot be transferred or exchanged, it may be sold as a means of disposition, preferable by public auction, in consultation with the Texas Facilities Commission and following the provisions outlined by Texas Government Code §2175. 909 (relating to Sale of Certain Historic Property, Proceeds of Sale). All proceeds from any sale at auction of such deaccessioned objects would benefit the source collections from which the objects were removed.(A) Coordination with the Texas Facilities Commission (TFC). The Commission will work with the TFC to ensure that all sales of deaccessioned collection items will be most advantageous to the state under the circumstances. The Commission will also provide the TFC all documentation necessary for verification that the deaccession of the item is appropriate under the Commission's written policy governing the care and preservation of the collection. The Commission will report any sale to the TFC, including a description of the property disposed of, the reasons for disposal, the price paid for the property disposed of, and the recipient of the property disposed of.(B) Vendor qualifications. When selecting a vendor to sell the deaccessioned collection(s) by competitive bid, auction, or direct sale to the public, the Commission must publish a Request for Qualifications (RFQ) to ensure that the sale is conducted by a qualified vendor. Selection of the vendor should be the most advantageous to the state under the circumstances.(C) Appraisal. Object whose estimated fair market value could potentially exceed $500.00 must be appraised by: a qualified, independent appraiser. Objects whose estimated fair market value could potentially exceed $25,000.00 must be appraised by two separate qualified, independent appraisers.(D) Dedicated account. The Commission shall create a dedicated fund in the general revenue fund for the deposit of any money resulting from the sale of deaccessioned items. All proceeds from any sale at auction of such deaccessioned objects would benefit the source collections from which the objects were removed. The Commission must ensure that money in the fund is appropriated only for the purposes prescribed by Texas Government Code §2175.909(f), including the care and preservation of the Commission's qualifying collection.(3) Assignment to other historic site operations. If a deaccessioned collection object cannot be transferred or exchanged, it may also be made available for other operational purposes within the Commission. The deaccessioned collection object may be used for interpretive programming, exhibition props, restoration of another collection item, or similar purposes.(4) Destruction. Disposal of a collection object by destruction is the final recourse and is permitted under the following circumstances:(A) all reasonable efforts were made to dispose of the object through other means;(B) the object is environmentally hazardous and poses a danger to other collections or staff; and(C) the object has no residual heritage, preservation, or market value to the Commission.", "sourceNote": "Source Note: The provisions of this §16.13 adopted to be effective January 28, 2020, 45 TexReg 531; amended to be effective July 20, 2020, 45 TexReg 4965." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196882&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196882", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "17", "label": "STATE ARCHITECTURAL PROGRAMS" }, "rule": { "number": "§17.1", "label": "Texas Preservation Trust Fund" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203952", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definition. The Texas preservation trust fund (hereinafter referred to as trust fund or fund) is a fund in the state treasury, created by enactment of Senate Bill 294 by the 71st Texas Legislature (1989), which amended the Texas Government Code, Chapter 442, by adding §442.015. The trust fund shall consist of transfers made to the fund, including state and federal legislative appropriations, grants, donations, proceeds of sales, loan repayments, interest income earned by the fund, and any other monies received. Funds may be received from federal, state, or local government sources, organizations, charitable trusts and foundations, private individuals, business or corporate entities, estates, or any other source.(b) Purpose. The purpose of the Texas preservation trust fund is to serve as a source of funding for the Texas Historical Commission (Commission) to provide financial assistance to qualified applicants for the acquisition, survey, restoration, preservation, or for planning and educational activities leading to the preservation, of historic properties and associated collections in the State of Texas.(c) Types of assistance. Commission shall provide financial assistance in the form of grants or loans. Grant recipients shall be required to follow the terms and conditions of the Preservation Trust Fund Grants and other terms and conditions imposed by Commission at the time of the grant award. Loans shall have a term not to exceed five years at an interest rate at the prime interest rate at the time the loan is made.(d) Allowable use of trust fund monies. In all cases when no specification is made, or the specified amount is less than $5,000 the proceeds and/or interest on such gifts or monies shall be unencumbered and shall accrue to the benefit of the entire fund. Money deposited to the fund for specific projects shall only be used for the projects specified provided that the specific project has received approval of the Commission, there is or will be a dedicated account within the Trust Fund for that project, and all other requirements herein are met. Money deposited to specified projects in amounts of $5,000 or greater shall retain all proceeds or interest earned for that specified project unless the donor stipulates that all proceeds or interest earned shall be unencumbered and accrue to the benefit of the entire fund.(e) Organization. The Texas preservation trust fund shall be administered by the Commission through its Executive Committee. The trust fund advisory board, and commission staff shall provide support and input as needed.(f) All actions of the Executive Committee are subject to ratification by the full Texas Historical Commission with the exception of emergency grants. Duties of the Executive Committee are:(1) to approve all policies and guidelines for the administration of the fund or any of its associated boards and committees;(2) to approve the acceptance of grants or other donations of money, property, and/or services from any source. Money received shall be deposited to the credit of the Texas preservation trust fund;(3) to provide final approval of all trust fund allocations based on advisory board and commission staff recommendations.(g) The Commission, after considering the recommendations of its Executive Committee, shall appoint a Texas Preservation Trust Fund Advisory Board (herein referred to as advisory board) composed of:(1) one representative of a bank or savings and loan association;(2) one attorney with a recognized background in historic preservation;(3) two architects with substantial experience in historic preservation;(4) two archeologists with substantial experience in Texas archeology;(5) one real estate professional with experience in historic preservation;(6) two persons with demonstrated commitment to historic preservation; and(7) two directors of nonprofit historic preservation organizations.(h) Members of the advisory board shall serve a two-year term expiring on February 1 of each odd-numbered year. Advisory board members may be reappointed. Advisory board members will continue to serve until a new appointment is made or until reappointed. A member of the advisory board is not entitled to compensation for their service. The advisory board shall meet annually in the fall of each year or at other times as determined by the commission or Executive Director. Duties of the advisory board are:(1) to make recommendations to the Commission through the Executive Committee on all trust fund project allocations with the exception of emergency grants;(2) to consult with and advise the Executive Committee and Commission staff on matters relating to more efficient utilization or enhancement of the trust fund in order to further the cause of historic preservation throughout Texas; and(3) to provide advice and guidance in their respective area of expertise.(4) Code of conduct--The Commission Code of Conduct shall apply to members of the advisory board.(5) Vacancies--Any vacancy on the advisory board may be filled at any time in the same manner as the incumbent member was appointed.(i) Texas preservation trust fund staff. The executive director of the Texas Historical Commission shall organize and supervise the staff for the Texas preservation trust fund.(j) Eligible property or projects. To be considered eligible for grant assistance, a property or project must:(1) be included in the National Register of Historic Places; or(2) be designated as a Recorded Texas Historic Landmark; or(3) be designated as a State Archeological Landmark (also known as a State Antiquities Landmark); or(4) be determined by the commission to qualify as an eligible property under criteria for inclusion in the National Register of Historic Places or for designation as a Recorded Texas Historic Landmark or a State Archeological Landmark (also known as a State Antiquities Landmark);(5) be determined by the commission to qualify as a heritage education grant per subsection (o)(4) of this section; or(6) be determined by the commission to qualify as an eligible curation management project per subsection (o)(5) of this section; or(7) be determined by the commission to qualify as an emergency grant project per subsection (o)(6) of this section; or(8) be determined by the commission to qualify as a planning grant project per subsection (o)(3) of this section.(k) Eligible Applicants: Any public or private entity that is the owner, manager, lessee, maintainer, potential purchaser of an eligible property, or any public or private entity whose purpose includes historic preservation is eligible for fund assistance. If applicant is not the owner of the eligible property, written approval must be submitted by the owner at time of application agreeing to follow all rules and conditions of the commission required for receipt of funds.(l) Submission of initial grant applications.(1) Initial grant application schedules and deadlines will be set by the commission. Application forms are to be received by the commission at its offices by these deadlines.(2) Applicants must complete the initial grant application form and include all required documentation as stated in the grant application instruction packet.(3) Initial grant applications that are incomplete and/or received after the application deadline are ineligible for review.(m) Submission of project proposals.(1) Once initial grant applications are selected to proceed to the project proposal stage, commission staff will confer with applicants to review the instruction manual for preparation of the project proposal.(2) Project proposal schedule and deadlines will be set by the commission. Project proposals are to be received by the commission at its offices by these deadlines.(3) To remain eligible for potential funding, project proposals must complete the application form and include all required attachments as stated in the instruction manual.(4) Project proposals that are incomplete and/or received after the proposal deadline are ineligible for funding.(5) Project proposals with budgets showing a high percentage of administrative costs will be considered to be less competitive than applications having little or no administrative costs.(6) In kind match request: although not normally allowed, in exceptional cases an applicant may make a written request for up to one-half of the total required match to be provided in-kind by donated materials and labor. The in kind match form must be included with the project proposal for consideration by the commission.(n) Grant awards.(1) Grants are awarded on a competitive basis to eligible properties or projects judged by the Commission to provide the best use of limited grant funds or on an emergency basis for properties or collections deemed highly significant and/or endangered by the Commission. The Executive Director, with the approval of the Executive Committee or Commission, will have the authority to award grants on an emergency basis in accordance with subsection (o)(6) of this section.(2) Meeting the eligibility criteria and submissions of a grant application does not guarantee award of a grant in any amount.(3) The commission may consider an appropriate distribution of funds across geographic area, discipline, or type of preservation grant when making awards.(o) Types of preservation grants. Preservation grants shall be awarded only for:(1) architectural or archeological development (\"preservation,\" \"restoration,\" \"rehabilitation,\" and \"reconstruction,\" as defined by the Secretary of the Interior's Standards for The Treatment of Historic Properties, latest edition or Secretary of the Interior's Standards for Preservation Planning and Standards for Archeological Documentation, latest edition); the costs include professional fees to supervise actual construction, the costs of construction, and related expenses approved by the commission; or(2) architectural or archeological acquisition of absolute ownership of an eligible property (that is what is defined in subsection (j) of this section) and related costs and professional fees approved by the commission; or(3) planning costs necessary for the preparation of a historic structure reports, historic or cultural resource reports, preservation plans, maintenance studies, resource surveys, local and regional preservation plans or surveys, and/or feasibility studies as approved by the commission; or(4) heritage education costs necessary for training individuals and organizations about historic resources and historic preservation techniques; or(5) curation management cost necessary for a professional inventory and/or rehabilitation of state associated held-in-trust archeological collections (such as processing, cataloging and collections housing improvements). Held-in-trust collections refer to those State associated collections under the authority of the Texas Historical Commission that are placed in a curatorial facility for the care and management; or(6) emergency costs necessary for the acquisition, evaluation, planning or repair of eligible property or projects as defined in subsection (j) of this section, to reduce or eliminate an immediate threat, resulting from a natural or man-made disaster. In consideration of the emergency nature, the commission may develop and adopt policy and procedures to implement this type of preservation grant with requirements separate from those in this rule.(p) Eligible match for grant assistance. Applicants eligible to receive grant assistance shall provide a minimum of one dollar in cash match to each state dollar for approved project costs. The commission or the Executive Director upon designation by the Commission, by written policy, may approve in-kind match for projects involving highly significant and endangered properties. In exceptional circumstances and upon recommendation by the Executive Director of the Commission, the Commission may also waive the one to one cash match requirement completely, and/or approve any combination of matching cash or in-kind contribution percentages that the Commission deems appropriate.(q) Grant allocations. Grants shall be allocated by vote of the Commission at large upon the recommendation of the Executive Committee at any duly noticed meeting of the commission. Reallocation of returned funds may be made by the Executive Committee of the commission upon the recommendation of the Executive Director of the commission.(r) Starting project work.(1) The funding agreement must be executed prior to starting any project work.(2) The project start date is typically the date of the executed funding agreement.(3) Commencement of project work. Project work as approved shall commence within 90 days of the assigned start date unless otherwise approved in writing by the commission. Approved project work may not begin before the assigned project start date.(4) If any expenses enumerated in the project proposal detailed budget do not qualify for grant funds, these expenses will be identified by the commission and should be either omitted from the scope of work or separated into a bid alternate for exclusion from the grant funded work.(5) Any changes in the scope of work or significant changes (greater than 10 percent) in the detailed budget must receive the written approval of the commission prior to implementation.(6) Forfeiture of grant allocation. Failure to meet the deadline for starting the project work, or to perform any part of the project work as approved, or to receive permission from the commission before commencing additional work may result in forfeiture of the full grant amount.(s) Award of contract.(1) Architectural development grant projects. Despite no specific procurement requirements, state, local, or other public entities are responsible for following appropriate procurement methods as required by the Texas Government Code or Local Government Code as applicable for the respective property owned. This may also apply to a non-profit organization that is funding construction on a publicly owned property.(2) Architectural planning grant projects. The commission recommends that contract for work described in the project proposal be awarded subsequent to interview with at least three professional firms.(t) Grant reimbursement procedures.(1) All payment of grant funds shall be strictly on a reimbursement basis with the exception of emergency grants in accordance with subsection (o)(5) of this section for which the Executive Committee or Commission may determine other payment methods. Reimbursement may be made after the competitive award of contract and submission of proof of all incurred allowable expenses in increments of at least $2,500 or at least 10% of the total project cost, whichever is lesser; or according to a schedule as determined by the Executive Director of the Commission; or at the completion of the project after an acceptable required completion report and/or planning documents have been received by the commission.(2) Deadline for submission of requests for reimbursement. Allowable project expenses equal to two times the grant amount shall be incurred by the deadlines announced by the commission. Proof of those incurred expenses and corresponding payments shall be submitted to the commission by the deadlines announced by the commission.(3) Forfeiture of grant. Failure to expend the full grant amount by the deadlines as announced by the commission or to submit to the commission all required material by the deadline as announced by the commission may result in forfeiture of the remaining grant amount unless otherwise approved in writing by the commission.(u) Deed restrictions/designations/conservation easements. Acquisition and development projects shall be encumbered, prior to reimbursement of any project expenses, with a protective designation, deed restriction, conservation easement (as defined in Title 8, Natural Resources Code, Chapter 183), or other appropriate covenants in favor of the state in a format acceptable to the commission. The deed restriction shall run with the land, be enforceable by the State of Texas, and its duration will be based upon the cumulative amount of grant assistance. The terms of the deed restrictions/designations/conservation easements shall be set by the commission.(v) Repayment penalty for resale of property within one year of acquisition. If a property acquired with a preservation grant is sold within one year of the purchase date, the project owner may be required to repay the State of Texas the amount of the grant allocation.(w) Completion reports. Projects assisted with acquisition or development grants will be required to submit a project completion report with copies as determined by the commission, consisting of photo documentation and project summary prepared by the supervising project professional, to the commission no later than deadlines announced by the commission. The commission may require completion reports with appropriate documentation for planning, heritage education, curation, or emergency grants. Final reimbursement, in the amount of 10% of the grant allocation may be retained until receipt of an acceptable completion report by the commission.(x) Professional standards.(1) Project personnel for development, curation, and planning grants. Project proposal documents for development and planning grants shall be prepared by, and development work supervised by, appropriate personnel in compliance with the following criteria except as otherwise approved by the Executive Director:(A) History. The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one of the following:(i) at least two years of full-time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historical organization or agency, museum, or other professional institution; or(ii) substantial contribution through research and publication to the body of scholarly knowledge in the field of history.(B) Archeology. The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely related field plus:(i) at least one year of full-time professional experience or equivalent specialized training in archeological research, administration, or management of archeological collections;(ii) at least four months of supervised field and analytic experience in general North American archeology; and(iii) demonstrated ability to carry research to completion.(iv) In addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the historic period.(C) Architectural history. The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation, or closely related field plus one of the following:(i) at least two years of full-time experience in research, writing, or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution; or(ii) substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history.(D) Architecture. The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years of full-time professional experience in architecture; or a state license to practice architecture.(2) Project personnel for acquisition grants. The single appraisal required for acquisition grants shall be prepared by a professional appraiser.(3) Project personnel for heritage education and emergency projects shall be approved by the Executive Director.(y) Performance standards. All development and planning projects must be in conformance with the Secretary of the Interior's Standards for the Treatment of Historic Properties, latest edition. All archeological projects must be in conformance with the Secretary of the Interior's Standards for Preservation Planning and Standards for Archeological Documentation, latest edition.(z) Compliance with requirements for accessibility to facilities by persons with disabilities. All projects must be in compliance with or in receipt of appropriate variance from the regulations issued by the Texas Department of Licensing and Regulation, under Texas Government Code Chapter 469, Elimination of Architectural Barriers.(aa) Compliance with Uniform Grant and Contract Management Act. All projects by political subdivisions of the state must be in compliance with the Uniform Grant and Contract Management Act, Texas Government Code Chapter 783.", "sourceNote": "Source Note: The provisions of this §17.1 adopted to be effective August 24, 2006, 31 TexReg 6507; amended to be effective January 2, 2018, 42 TexReg 7683; amended to be effective October 31, 2019, 44 TexReg 6362." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203952&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203952", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "17", "label": "STATE ARCHITECTURAL PROGRAMS" }, "rule": { "number": "§17.2", "label": "Review of Work on County Courthouses" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212488&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212488", "queryAsDate": "03/11/2026" }, "ruleBody": "Texas Government Code, Chapter 442, §442.008, requires that the Texas Historical Commission review changes made to courthouse structures.(1) Definitions. The following words and terms, when used in this section, shall have the following meaning, unless the context clearly indicates otherwise.(A) Demolish--To remove, in whole or part. Demolition of historical or architectural integrity includes removal of historic architectural materials such as, but not limited to, materials in the following categories: site work, concrete, masonry, metals, carpentry, thermal and moisture protection, doors and windows, finishes, specialties, equipment, furnishings, special construction, conveying systems, mechanical and electrical.(B) Sell--To give up (property) to another for money or other valuable consideration; this includes giving the property to avoid maintenance, repair, etc.(C) Lease--To let a contract by which one conveys real estate, equipment, or facilities for a specified term and for a specified rent.(D) Damage--To alter, in whole or part. Damage to historical or architectural integrity includes alterations of structural elements, decorative details, fixtures, and other material.(E) Integrity--Refers to the physical condition and therefore the capacity of the resource to convey a sense of time and place or historic identity. Integrity is a quality that applies to location, design, setting, materials, and workmanship. It refers to the clarity of the historic identity possessed by a resource. In terms of architectural design, to have integrity means that a building still possesses much of its mass, scale, decoration, and so on, of either the period in which it was conceived and built, or the period in which it was adapted to a later style which has validity in its own rights as an expression of historical character or development. The question of whether or not a building possesses integrity is a question of the building's retention of sufficient fabric to be identifiable as a historic resource. For a building to possess integrity, its principal features must be sufficiently intact for its historic identity to be apparent. A building that is significant because of its historic association(s) must retain sufficient physical integrity to convey such association(s).(F) Courthouse--The principal building(s) which houses county government offices and courts and its (their) surrounding site(s), including the courthouse square and its associated site features, such as hardscape, fences, lampposts and monuments.(G) Hardscape--Features built into a landscape made of hard materials such as wood, stone or concrete, such as but not limited to paved areas, roads, driveways, pools, fountains, concrete walkways, stairways, culverts or walls.(H) Monuments--Refer to Chapter 26, §26.3(42) of this title.(I) Ordinary maintenance and repairs--Work performed to architectural or site materials which does not cause removal or alteration or concealment of that material.(2) Procedure.(A) Notice of alterations to county courthouse.(i) A county may not demolish, sell, lease, or damage the historical or architectural integrity of any building that serves or has served as a county courthouse without notifying the commission of the intended action at least six months before the date on which it acts. Any alteration to the historical or architectural integrity of the exterior or interior requires notice to the commission.(ii) If the commission determines that a courthouse has historical significance worthy of preservation, the commission shall notify the commissioners court of the county of that fact not later than the 30th day after the date on which the commission received notice from the county. A county may not demolish, sell, lease, or damage the historical or architectural integrity of a courthouse before the 180th day after the date on which it received notice from the commission. The commission shall cooperate with any interested person during the 180-day period to preserve the historical integrity of the courthouse.(iii) A county proceeding with alterations to its courthouse in violation of Texas Government Code, §442.008 and this section may be subject to civil penalties under Texas Government Code, §442.011.(iv) the relocation or removal of monuments from a courthouse square is governed by 13 TAC §21.13 this title (relating to Removal of Markers and Monuments).(B) Notice from the county to the commission. At least six months prior to the proposed work on a county courthouse, a letter from the county judge briefly describing the project should be submitted to the commission, along with construction documents, sketches or drawings which adequately describe the full scope of project work and photographs of the areas affected by the proposed changes.(C) The commission will consider the opinions of interested parties with regard to the preservation of the courthouse per Texas Government Code, §442.008(b).(D) Notice from the commission to the commissioner's court of the county. Written notice of the commission's determination regarding the historical significance of a courthouse for which work is proposed shall include comments pursuant to a review of the proposed work by the commission. Comments shall be made based on the Secretary of the Interior's Standards for the Treatment of Historic Properties 1992 or latest edition, which are summarized in clauses (i) - (iii) of this subparagraph:(i) Definitions for historic preservation project treatment.(I) Preservation is defined as the act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project.(II) Rehabilitation is defined as the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.(III) Restoration is defined as the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project.(IV) Reconstruction is defined as the act or process of depicting, by means of new construction, the form features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location.(ii) General standards for historic preservation projects.(I) A property shall be used as it was historically, or be given a new use that maximizes the retention of distinctive materials, features, spaces, and spatial relationships. Where a treatment and use have not been identified, a property shall be protected and, if necessary, stabilized until additional work may be undertaken.(II) The historic character of a property shall be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces, and spatial relationships that characterize a property shall be avoided.(III) Each property shall be recognized as a physical record of its time, place and use. Work needed to stabilize, consolidate, and conserve existing historic materials and features shall be physically and visually compatible, identifiable upon close inspection, and properly documented for future research.(IV) Changes to a property that have acquired historic significance in their own right shall be retained and preserved.(V) Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.(VI) The existing condition of historic features shall be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material shall match the old in composition, design, color, and texture.(VII) Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.(VIII) Archeological resources shall be protected and preserved in place to the extent possible. If such resources must be disturbed, mitigation measures shall be undertaken.(iii) Specific standards for historic preservation projects. In conjunction with the eight general standards listed in clause (ii)(I) - (VIII) of this subparagraph, specific standards are to be used for each treatment type.(I) Standards for rehabilitation.(-a-) A property shall be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.(-b-) The historic character of a property shall be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property shall be avoided.(-c-) Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, shall not be undertaken.(-d-) Changes to a property that have acquired historic significance in their own right shall be retained and preserved.(-e-) Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.(-f-) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and where possible, materials, replacement of missing features shall be substantiated by documentary and physical evidence.(-g-) Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.(-h-) Archeological resources shall be protected and preserved in place to the extent possible. If such resources must be disturbed, mitigation measures shall be undertaken.(-i-) New additions, exterior alterations, or related new construction shall not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and shall be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.(-j-) New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.(II) Standards for restoration.(-a-) A property shall be used as it was historically or be given a new use which reflects the property's restoration period.(-b-) Materials and features from the restoration period shall be retained and preserved. The removal of materials or alteration of features, spaces, and spatial relationships that characterize the period shall not be undertaken.(-c-) Each property shall be recognized as a physical record of its time, place and use. Work needed to stabilize, consolidate and conserve materials and features, from the restoration shall be physically and visually compatible, identifiable upon close inspection, and properly documented for future research.(-d-) Materials, features, spaces, and finishes that characterize other historical periods shall be documented prior to their alteration or removal.(-e-) Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize the restoration period shall be preserved.(-f-) Deteriorated features from the restoration period shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and, where possible, materials.(-g-) Replacement of missing features from the restoration period shall be substantiated by documentary and physical evidence. A false sense of history shall not be created by adding conjectural features, features from other properties, or by combining features that never existed together historically.(-h-) Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.(-i-) Archeological resources affected by a project shall be protected and preserved in place to the extent possible. If such resources must be disturbed, mitigation measures shall be undertaken.(-j-) Designs that were never executed historically shall not be constructed.(III) Standards for reconstruction(-a-) Reconstruction shall be used to depict vanished or non-surviving portions of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture, and such reconstruction is essential to the public understanding of the property.(-b-) Reconstruction of a landscape, building, structure, or object in its historic location shall be preceded by a thorough archeological investigation to identify and evaluate those features and artifacts which are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures shall be undertaken.(-c-) Reconstruction shall include measures to preserve any remaining historic materials, features, and spatial relationships.(-d-) Reconstruction shall be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. A reconstructed property shall re-create the appearance of the non-surviving historic property in materials, design, color, and texture.(-e-) A reconstruction shall be clearly identified as a contemporary re-creation.(-f-) Designs that were never executed historically shall not be constructed.", "sourceNote": "Source Note: The provisions of this §17.2 adopted to be effective July 9, 1996, 21 TexReg 5973; amended to be effective September 3, 2013, 38 TexReg 5711; amended to be effective November 23, 2016, 41 TexReg 9108; amended to be effective February 24, 2021, 46 TexReg 1238." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212488&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212488", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "18", "label": "TEXAS HOLOCAUST, GENOCIDE, AND ANTISEMITISM ADVISORY COMMISSION" }, "rule": { "number": "§18.1", "label": "General Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212489&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212489", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Texas Government Code Section 448, the Texas Holocaust, Genocide, and Antisemitism Advisory Commission (THGAAC) performs its statutory duties as an advisor to the Texas Historical Commission (THC) consistent with Government Code Chapter 442.(b) THGAAC shall provide advice and guidance to THC on matters related to the Holocaust and other genocides and antisemitism, generally. Such guidance may, on occasion, take the form of recommendations that THC carry out certain actions consistent with THC and THGAAC's respective enabling acts, such as making grant awards, approving travel for staff and advisory commission members, approving contract amendments in certain amounts or for certain terms, or adopting administrative rules governing the operation of THGAAC.", "sourceNote": "Source Note: The provisions of this §18.1 adopted to be effective February 26, 2023, 48 TexReg 838." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212489&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212489", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "18", "label": "TEXAS HOLOCAUST, GENOCIDE, AND ANTISEMITISM ADVISORY COMMISSION" }, "rule": { "number": "§18.3", "label": "Administration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212490", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The THGAAC shall hold regular quarterly meetings. The THGAAC 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 advisory commission at his or her discretion, provided that 10-days' notification is given to the advisory commission members. The chair shall call special meetings of the advisory commission at any time upon written request to the chair signed by a quorum of the THGAAC, provided that 10-days' notification is given to the advisory commission members. Members of the public shall be provided with a reasonable opportunity to appear before the THGAAC at every meeting of the THGAAC and to speak on any issue under the jurisdiction of the THGAAC. The time for each person to speak may be limited by the chair to expedite the business of the advisory commission.(b) Five members of the advisory commission constitutes a quorum authorized to transact businesses of the advisory commission.(c) No proxies for advisory commission members are allowed.(d) At the last quarterly meeting in odd-numbered years beginning in 2023, the chair shall appoint three people to serve on a nominating committee, including a chair of that committee. The positions available for nomination by the committee are the vice-chair and secretary. The nominating committee will nominate only one person for each elective office on the advisory commission. A committee member shall contact each person it wishes to nominate in order to obtain the person's acceptance of nomination. An advisory commission member may hold only one elective office on the advisory commission at a time. The chair may appoint an interim nominating committee to bring forward candidates for vice-chair and secretary for the advisory commission's consideration, to serve until the first nominating committee is created under this subsection in 2023 and an election can be held.(e) The nominating committee will present its report of nominees at the first advisory commission meeting in even-numbered years beginning in 2024. The chair shall call for further nominations 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 an elective office, that person is deemed elected. If there is not a majority for any one person in an office, the advisory commission shall hold an election runoff for each such office between the two people receiving the highest number of votes for that office.(f) In the event of a vacancy in any elective office of the advisory commission, an election shall be held at the next advisory commission meeting, except the first advisory commission meeting of odd-numbered years, to fill such vacancy. 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. 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.(g) The chair shall perform such duties as are properly required of him or her by the advisory commission. The chair shall preside at all meetings, shall have general supervision of the affairs of the advisory commission, and shall have authority to interpret and carry out all decisions of the advisory commission.(h) The vice-chair shall perform such duties as the advisory commission or the chair may direct. The vice-chair shall preside over advisory commission meetings and carry out the chair's duties if the chair is absent or unavailable.(i) The secretary shall certify the minutes of all meetings of the advisory commission after the advisory commission has approved them and shall perform such other duties as may be prescribed by the advisory commission or the chair. The secretary shall preside over commission meetings and carry out the chair and the vice-chair's duties if the chair and the vice-chair are absent or unavailable.(j) The executive committee consists of the chair, vice-chair, secretary, and immediate past chair of the THGAAC if that person is still a member of the advisory commission, as well as other members of the advisory commission appointed by the chair, not to exceed four members total. The committee may act on behalf of the advisory commission with its advance approval. In the absence of advance approval by the advisory commission, any action of the executive committee may be placed on the agenda of the next meeting of the advisory commission for ratification.(k) The chair may appoint such additional committees from the members of the THGAAC as the chair deems necessary, consistent with the duties of the THGAAC as defined in Government Code §448.101. The chair serves as a non-voting ex officio member on each committee except the nominating committee.(l) THC shall provide to THGAAC such staff positions as are authorized and funded by the Texas legislature to carry out THGAAC duties. Staff will be provided with office space and with necessary and appropriate equipment and vehicles to carry out their assignments. Staff must meet all standards and requirements for employment by THC and shall perform duties in accordance with direction received from THGAAC. If THGAAC members are dissatisfied with staff performance, they shall report this to the executive director of THC, and the two entities shall work together to attempt to resolve performance issues. Any final decision on hiring, assigning, placing under probation, or terminating an employee is solely the responsibility of the executive director of THC.(m) Staff job classifications, salaries, benefits, assigned equipment, vehicles, and staff policies and procedures shall be consistent with those used by THC for its internal affairs and shall be subject to approval by the executive director of THC.(n) The executive director of THGAAC shall report directly to the executive director of THC, who shall be responsible for developing THGAAC's executive director's workplan and for overseeing and rating performance under that plan. In developing said workplan and any performance reviews thereunder, the executive director of THC shall consult with the chairs of THC and THGAAC.(o) THC may choose to assign one or more THC commissioners or THC staff members as liaisons to THGAAC. Such THC liaisons shall be permitted to attend public portions of any and all meetings of the THGAAC.(p) The THGAAC's chair or other member or staff of the advisory commission will present a formal report on recent THGAAC activities at each THC quarterly meeting.(q) THC shall provide administrative services to THGAAC including budgeting, purchasing, accounting, human resources, information technology, fleet management, and office maintenance. THC shall be reimbursed for costs associated with its performance of the duties described herein, and will withdraw such amounts from the legislative appropriation supporting THGAAC.(r) THGAAC commissioners shall be entitled to reimbursement of reasonable expenses incurred in attending publicly-posted meetings of the THGAAC and its committees. In addition, commissioners shall be entitled to reimbursement for travel expenses incurred while transacting advisory commission business if, in advance of such travel, the commissioner obtains written approval for reimbursement from the commission chair.", "sourceNote": "Source Note: The provisions of this §18.3 adopted to be effective February 26, 2023, 48 TexReg 838." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212490&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212490", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "18", "label": "TEXAS HOLOCAUST, GENOCIDE, AND ANTISEMITISM ADVISORY COMMISSION" }, "rule": { "number": "§18.5", "label": "Contracts" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212491&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "212491", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The THC may enter into contracts with one or more non-profit organizations to assist the advisory commission in fulfilling its duties.(b) Each such contract shall clearly establish the role of the non-profit, the nature of the relationship between the non-profit and the THC and the THGAAC, the performance expectations for the non-profit, any requirements or expectations regarding the activities and the employees of the non-profit, the THC's expectations regarding ownership of products developed by the non-profit, the THC's long-term goals for the THGAAC and the non-profit's role in achieving those goals, a system for evaluating the non-profit's performance, and what support, if any, THC will provide to the non-profit in fulfillment of the contract.(c) The provisions of TAC, Title 13, Part 2, Ch 11, Subchapter A, §11.9 (relating to Donations and Relationships with Affiliated Non-Profit Organizations) will apply to any relationship between the THC, THGAAC, and a non-profit organization pursuant to this section.", "sourceNote": "Source Note: The provisions of this §18.5 adopted to be effective February 26, 2023, 48 TexReg 838." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=212491&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "212491", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "18", "label": "TEXAS HOLOCAUST, GENOCIDE, AND ANTISEMITISM ADVISORY COMMISSION" }, "rule": { "number": "§18.7", "label": "Related Non-Profit Organization" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213563&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213563", "queryAsDate": "03/11/2026" }, "ruleBody": "The THC may enter into a relationship with a non-profit organization, the purpose of which is to raise funds for or provide services or other benefits to the THGAAC. The relationship between the non-profit and THGAAC, including the detailed roles of each entity, must be reduced to writing in a Memorandum of Understanding (MOU), which must be approved by the THC to be effective. Also included in the MOU will be performance expectations for the non-profit, any requirements or expectations regarding the activities and the employees of the non-profit, and the THC's expectations regarding ownership of products developed by the non-profit.", "sourceNote": "Source Note: The provisions of this §18.7 adopted to be effective February 26, 2023, 48 TexReg 838." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213563&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213563", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "18", "label": "TEXAS HOLOCAUST, GENOCIDE, AND ANTISEMITISM ADVISORY COMMISSION" }, "rule": { "number": "§18.9", "label": "Administrative Grant Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179298&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179298", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.(d) Grant funds and allowable match may only be used to carry out the goals of the grant-funded project. Such funds may be used to pay the costs associated with providing or acquiring equipment, supplies, professional services, and associated travel expenses (within authorized State of Texas travel rates). Matching funds can also be used in limited instances to pay for an employee's salary as described below.(e) Grant funds and allowable match may not be used for the following purposes:(1) To acquire equipment that will have a useful life beyond the term of the project if similar equipment can be rented for less than the cost of acquisition;(2) To administer the grant itself, such as costs associated with preparing and submitting deliverables, maintaining communications with program staff, or ensuring that work is carried out in accordance with the project's scope of work and budget;(3) For construction-related costs including building renovation;(4) For food, beverages, awards, honoraria, prizes or gifts; or(5) For costs associated with advertising or public relations efforts except those specifically allowed by 2 CFR §200.421.(f) Applications will be accepted only from nonprofit entities headquartered in Texas and certified by the Internal Revenue Service as tax exempt under Internal Revenue Code Section 501(c), (d), (e), (f), or (k), or under Section 521(a), or providing instructional services to individuals through a public or private educational institution.(g) All projects require a 50-50 match contribution toward the project's total cost. Match may take the form of cash or the value of in-kind donations of goods, services, or labor. Match must be used to pay for or provide materials or work eligible for program funding. If match is claimed for part of an employee's salary, it must represent duties that are not a part of the employee's permanent job responsibilities.(h) On the advice of the THGAAC, THC may waive the match requirement if a grant applicant provides a persuasive argument for doing so. The waiver request must be included with the grant application and explain why the match cannot be provided and describe any efforts made by the applicant to identify funds or other resources that could serve as match.(i) THGAAC will notify potential applicants of the availability of grant funds on an annual basis through their website.(j) A committee comprised of some combination of THGAAC staff and other individuals with experience in the grant program's project areas will score all applications using the following process:(1) Applications will be distributed to reviewers together with a copy of scoring criteria and a rating form.(2) Each reviewer will independently evaluate the proposals in relation to the specific requirements of the criteria and will assign a numerical value, depending on the points assigned to each criterion, and submit their rating forms to THGAAC staff. Reviewers may consider recommending a conditional award for funding any application.(3) Grant selection criteria will include, but not be limited to, the following:(A) Relevance of the proposed project to the THGAAC's mission;(B) Qualifications of the applicant organization and/or any proposed contractors;(C) The likely impact of the proposed project;(D) The likelihood of project success;(E) The applicant's past performance;(F) Project costs and funds available;(G) Urgency of the need for the grant;(H) Public support for the request;(I) Project timetable; and(J) Geographic diversity within the state of Texas.(4) Reviewers will not discuss application proposals with anyone other than THGAAC staff during the review process.(5) THGAAC staff will compile the reviewer's scores and develop a report listing the applications in score order.(6) THGAAC staff will schedule a meeting of the reviewers to discuss their scores and to make any necessary adjustments.(7) THGAAC staff will compile the adjusted scores and provide a list of recommended grant awards to the THGAAC commissioners for their consideration.(8) The THGAAC will include grant application review on their meeting agenda in accordance with the program timetable mentioned above. The members will vote to recommend award and/or denial of all grant applications, which recommendation will be submitted to the THC for further action.(9) THC will include grant application review on their meeting agenda in accordance with the program timetable mentioned above. The members will vote to accept or not to accept the recommendations of the THGAAC.(10) Applicants will be informed in writing of the action taken on their applications. Unsuccessful applicants will be counseled by THGAAC staff.(k) A conflict of interest occurs when financial or other personal considerations may compromise or bias professional judgment and objectivity. Individuals with a conflict of interest will not be permitted to review applications in any grant round where their conflict applies. Any reviewer who feels unable to evaluate a particular application fairly may withdraw from the review process for that application. THGAAC or THC commissioners associated with entities with grant applications being considered will recuse themselves from voting on those applications.(l) Deliverables for funded applications will include a report from the grant recipient at completion of the project detailing the results of the project including an evaluation of the project's success. Final grant payment may be retained until receipt of an acceptable completion report.(m) Grant recipients are subject to audit by the State of Texas and/or by an external auditor employed by the THGAAC or the THC in compliance with state audit requirements.(n) The THGAAC and/or the THC shall have the right to use grant-funded resources in any educational or promotional materials.", "sourceNote": "Source Note: The provisions of this §18.9 adopted to be effective May 25, 2023, 48 TexReg 2571." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179298&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179298", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "19", "label": "TEXAS MAIN STREET PROGRAM" }, "rule": { "number": "§19.1", "label": "Object" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119908&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "119908", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Texas Historical Commission (Commission) is specifically empowered to designate and provide assistance to Texas cities through the Texas Main Street Program.(b) The mission of the Texas Main Street Program is to assist Texas communities in the preservation and revitalization of historic downtowns and commercial neighborhood districts in accordance with the national Main Street Approach.", "sourceNote": "Source Note: The provisions of this §19.1 adopted to be effective May 9, 2005, 30 TexReg 2659; amended to be effective August 29, 2012, 37 TexReg 6537; amended to be effective August 15, 2016, 41 TexReg 5996." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=119908&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "119908", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "19", "label": "TEXAS MAIN STREET PROGRAM" }, "rule": { "number": "§19.2", "label": "Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200399&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200399", "queryAsDate": "03/11/2026" }, "ruleBody": "These rules provide a system by which the Commission may designate and provide service to Texas Main Street cities. All applications, designations, and services shall comply with these rules.", "sourceNote": "Source Note: The provisions of this §19.2 adopted to be effective May 9, 2005, 30 TexReg 2659." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200399&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200399", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "19", "label": "TEXAS MAIN STREET PROGRAM" }, "rule": { "number": "§19.3", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158386&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "158386", "queryAsDate": "03/11/2026" }, "ruleBody": "When used in this chapter, the following words or terms have the following meanings unless the context clearly indicates otherwise:(1) Texas Main Street Program--A program of the Commission in which designated Texas Main Street cities receive assistance for the preservation and revitalization of their historic downtowns or commercial neighborhood districts.(2) Texas Main Street City--Any city that has been officially designated by the Commission as a participant in the Texas Main Street Program as a Texas Main Street Small City, Texas Main Street Urban City, or Texas Main Street Recertified City.(3) Texas Main Street Small City--Main Street city with population of 50,000 people or fewer based on the most recent decennial census.(4) Texas Main Street Urban City--Main Street city with population of 50,001 or more people based on the most recent decennial census.(5) Texas Main Street Provisional City--A Main Street city of any size that is not accepted upon first application submittal may participate provisionally in the program, upon invitation, while application is resubmitted the next application period.(6) Texas Main Street Recertified City--A city that was formerly in the program that has reapplied and been accepted to be a Texas Main Street City.(7) Main Street Interagency Council--A council that evaluates and ranks Main Street applications and makes recommendations to the Commission. The composition of the Main Street Interagency Council is determined by the Commission.(8) Texas Main Street Affiliate--A city or commercial neighborhood district that has been accepted by the Commission to participate in the program as an affiliate with fewer responsibilities, benefits, and services than a Texas Main Street City. The designation of affiliates is subject to available Commission resources and may be limited based on population or other factors.(9) Probationary Status--A temporary time period in which a Texas Main Street City, by written agreement with the Commission, is permitted to maintain its status as a designated Main Street in order to resolve deficiencies or issues within their city's local Main Street program.(10) Leave of Absence--A temporary time period, not to exceed one year, in which a Texas Main Street City may suspend participation in the Texas Main Street Program while retaining the option to return to participation at the end of the period without needing to reapply to be a Texas Main Street Recertified City. The city is not considered an officially designated Texas Main Street City during the Leave of Absence. This status may only be utilized one time by any single Texas Main Street City and may not be renewed or extended.(11) Main Street Program Area-- Geographic area within a Texas Main Street City where the Commission may provide technical assistance under the program. The program area shall be a defined, historic commercial core, corridor, or district with a concentration of historic commercial buildings. The program area is defined by the local community and is subject to review and possible amendment by the Texas Main Street Program.", "sourceNote": "Source Note: The provisions of this §19.3 adopted to be effective May 9, 2005, 30 TexReg 2659; amended to be effective August 29, 2012, 37 TexReg 6537; amended to be effective August 23, 2018, 43 TexReg 5360; amended to be effective July 20, 2020, 45 TexReg 4966." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=158386&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "158386", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "19", "label": "TEXAS MAIN STREET PROGRAM" }, "rule": { "number": "§19.4", "label": "Application to the Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191839", "queryAsDate": "03/11/2026" }, "ruleBody": "(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.", "sourceNote": "Source Note: The provisions of this §19.4 adopted to be effective May 9, 2005, 30 TexReg 2659; amended to be effective August 29, 2012, 37 TexReg 6537." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191839&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191839", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "19", "label": "TEXAS MAIN STREET PROGRAM" }, "rule": { "number": "§19.5", "label": "Assistance Provided" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163774&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "163774", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Training. Each new Texas Main Street City will receive at no charge basic training for its Main Street manager at the beginning of the program. All new Main Street boards will receive at no charge comprehensive board training at the beginning of their city's Main Street Program. Additional training and continuing education is available throughout a city's participation in the Texas Main Street Program. Provisional, probationary, and affiliate participants may receive training through the program subject to available Commission resources.(b) Technical assistance. Each Texas Main Street City receives technical assistance and training in the Main Street Approach. Provisional, probationary, and affiliate participants receive technical assistance at the discretion of the program subject to available Commission resources.(c) Main Street network. Each Texas Main Street City is eligible to access information and resources of the network. Provisional and affiliate participants are eligible for the Main Street network.(d) Fees. Participants in the Texas Main Street Program will pay a fee for participation in the program. The amount of the fee is determined by the Commission. After a city's acceptance into the program, any subsequent fees based on population shall be based on the most recent decennial census. The Commission may waive the fee for a Texas Main Street Small City in their first three years of participation.(1) A Texas Main Street Small City shall pay an annual fee of $535.(2) A Texas Main Street Urban City shall pay an annual fee of $3,500 for each of its first five years of participation.(3) A Texas Main Street Urban City shall pay an annual fee of $2,600 after its first five years of participation.(4) A Texas Main Street Provisional City shall pay the annual fee of a Texas Main Street Small City or Texas Main Street Urban City that corresponds to the provisional city's population at the most recent decennial census. A provisional city with a population equivalent to a Texas Main Street Urban City shall be subject to the fee specified in paragraph (2) of this subsection during their first five years of designation. Years accrued as a provisional city shall count towards the first five years in regard to the annual fee.(5) A Texas Main Street Small City reclassified per subsection (f) of this section shall pay an annual fee of $700 in the first year after reclassification; $1,600 in year two; and $2,600 in year three and thereafter.(6) A $500 Training Fee may be assessed to any participating city, with the exception of newly designated cities in their first year, that employs a new local manager without significant Main Street knowledge and experience.(e) Main Street Status. In order to remain a Texas Main Street City, the community must be certified on an annual basis by the Texas Main Street office to confirm that the community meets all of the requirements for designation. A Texas Main Street City with Probationary Status may have limitations placed on its participation, assistance received through the program, and requirements during its probationary status, as reflected in the written agreement with the Commission.(f) Reclassification. Participants shall be reclassified as necessary between Texas Main Street Small City and Texas Main Street Urban City based on the most recent decennial census. Changes in fees necessitated by reclassification of a city shall be assessed upon the following year's renewal. The Commission may establish a fee schedule in subsection (d) of this section that graduates fee increases caused by reclassification.", "sourceNote": "Source Note: The provisions of this §19.5 adopted to be effective May 9, 2005, 30 TexReg 2659; amended to be effective August 29, 2012, 37 TexReg 6537; amended to be effective August 15, 2016, 41 TexReg 5996; amended to be effective August 23, 2018, 43 TexReg 5360." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163774&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "163774", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "20", "label": "AWARDS" }, "rule": { "number": "§20.1", "label": "Establishment of Awards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198330&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "198330", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission may establish and present such awards and prizes as it determines to be appropriate within its statutory authority.(b) The conditions of eligibility, procedures for consideration, and criteria for judging such awards shall be determined by the commission and made available to members of the public who may be interested in nominating individuals or organizations for such awards.(c) Awards shall be made without regard to the race, religion, ethnicity, gender, political affiliation, or national origin of the nominee.(d) The commission may accept donations, grants, fees, or appropriated funds to support awards as provided in this chapter.", "sourceNote": "Source Note: The provisions of this §20.1 adopted to be effective September 12, 2013, 38 TexReg 5872." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=198330&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "198330", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "20", "label": "AWARDS" }, "rule": { "number": "§20.2", "label": "Texas Treasure Business Award" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205043", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The commission is authorized to honor businesses that have existed in this state providing employment and supporting the Texas economy for 50 years or more with the Texas Treasure Business Award.(b) Definitions. The following words and terms shall have the following meanings unless the context clearly indicates otherwise.(1) Award--Texas Treasure Business Award. A recipient of the award as determined by the commission is a Texas Treasure Historic Business.(2) Continuous operation--A business that has continued in operation without substantial interruption.(3) Commission--The Texas Historical Commission and its staff.(4) Independent business--A business that is not a unit of an affiliated business entity, chain, or franchise. An independent business may be local, statewide, national, or multinational in scale.(5) Texas business--A business that has its corporate offices in Texas or is majority- owned by residents of Texas and operated in Texas.(6) Very similar type of business--Businesses with closely related products or services, including those that evolved with technology or the passage of time.(7) Continuously owned by the same family--Business ownership that has passed through family members related by blood, marriage, or adoption.(c) Eligibility. Texas businesses that have been in continuous, for-profit operation in the State of Texas for at least 50 years may be nominated for the award. The operations, products, or services offered at the time of the award nomination must be similar and related to those provided during the 50 or more years prior to the award. Nominated businesses must be considered by the Texas Comptroller of Public Accounts to be in good standing with its franchise tax reports and payments at the time of nomination to be considered for the award. Additional recognition may be given to an eligible business with continuous ownership by the same family; for a business operating in a historic building with architectural integrity; or for a business operated continuously for 75 years, 100 years, or 125 years.(d) Nominations for the award may be made by any elected state official or by any authorized representative of the business being nominated.(1) Nominations shall be made on a form established by the commission.(2) The commission may require supporting materials that show evidence that the business has been continuously operating in Texas for 50 or more years.(3) Nominations for businesses wishing to be recognized for additional criteria such as operating for 75 years, 100 years, 125 years or that wish to be recognized for having been continuously owned by the same family for at least 50 years or operated in a historic building with architectural integrity may be required to submit additional documentation.(4) Nominations shall be accepted by the commission at any time during the year, however the commission may establish periodic deadlines for evaluating nominations and announcing awards.(5) The Commission may establish a processing fee to offset the costs of the evaluation and awards.(e) Evaluation. The Executive Director or his designee will evaluate the completed nomination materials. The Executive Director shall determine if the nominated business meets the criteria for the award. The commission shall notify the nominated business of its determination within 60 days of receiving complete nomination materials or at other periodic intervals established by the commission.(f) Award. Businesses selected for the award will receive an award certificate or plaque and one or more window decals. The commission may establish a fee for additional certificates, plaques, or window decals.(1) The commission shall notify the state senator and state representative in whose districts a recipient's principal place of business in this state is located.(2) The commission, the recipient, and state senator and state representative shall cooperate in determining the location of the award presentation, if any.(g) Use of logo. Texas Treasure Historic Businesses are encouraged to display window decals provided by or acquired from the commission on the recipient's place of business. Decals may be displayed on multiple locations of the awarded business provided these are locations of the same business operation named in the award.(1) Texas Treasure Historic Businesses may use the award logo in advertising, displays, signs, or on vehicles that are part of the awarded businesses' named operation.(2) Window decals or other display or use of the award logo shall be utilized only by Texas Treasure Historic Businesses.(3) The logo and term \"Texas Treasure Historic Business\" shall be used in their complete format without alteration, unless otherwise approved by the commission.(4) The commission may establish additional requirements for acceptable use of the logo.(h) Changes to businesses after receipt of the award.(1) A Texas Treasure Historic Business that receives the award may continue to display the award, plaques or decals for the same business after changes in ownership, operation or location provided the business continues to operate with the same or a very similar type of business and name.(2) An affiliated business entity, if any, is not entitled to utilize the award or logo for itself or other businesses it may operate that have not specifically received the award.", "sourceNote": "Source Note: The provisions of this §20.2 adopted to be effective September 12, 2013, 38 TexReg 5872; amended to be effective February 23, 2020, 45 TexReg 1017." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205043", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "21", "label": "HISTORY PROGRAMS" }, "subchapter": { "number": "A", "label": "INTRODUCTION" }, "rule": { "number": "§21.3", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201658", "queryAsDate": "03/11/2026" }, "ruleBody": "When used in this chapter, the following words or terms have the following meanings unless the context indicates otherwise:(1) Marker. Markers are informational aluminum signs erected by or with the permission of the Texas Historical Commission.(2) Medallion. Medallions are markers displaying a symbol or statement used to identify a property designated by the Texas Historical Commission as a Recorded Texas Historic Landmark, as a State Antiquities Landmark or as a Historic Texas Cemetery, without additional text.(3) Monument. Monuments are objects or structures installed to commemorate or designate the importance of an event, person, or place, which may or may not be located at the sites they commemorate. Aluminum markers erected by the Texas Historical Commission are not included in this definition.(4) Plaque. Plaques are markers displaying only the name of a cemetery designated as a Historic Texas Cemetery and the date of its establishment.(5) Official Texas Historical Marker. Official Texas Historical Markers are those markers, medallions, monuments and plaques the Texas Historical Commission awards, approves or administers. They include centennial monuments the State of Texas awarded in the 1930s; Civil War Centennial monuments from the 1960s; medallions, plaques and markers the commission's predecessor, the Texas State Historical Survey Committee, awarded beginning in 1953; and any markers, medallions, monuments and plaques installed by the Texas Historical Commission beginning in 1973.(6) Historical marker application. Historical marker application means a current version of the commission's Official Texas Historical Marker Application Form and all required supporting documentation as required in these rules, program guidelines, criteria and procedures adopted by the commission.", "sourceNote": "Source Note: The provisions of this §21.3 adopted to be effective August 28, 2003, 28 TexReg 6814; amended to be effective November 30, 2006, 31 TexReg 9599; amended to be effective May 26, 2021, 46 TexReg 3249." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201658", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "21", "label": "HISTORY PROGRAMS" }, "subchapter": { "number": "B", "label": "OFFICIAL TEXAS HISTORICAL MARKER PROGRAM" }, "rule": { "number": "§21.6", "label": "Recorded Texas Historic Landmark Designation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205044", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Buildings, structures, and objects as defined in Chapter 26 of this code may be designated as Recorded Texas Historic Landmarks (hereafter referred to as \"RTHLs\"), provided the following conditions are met:(1) The property is associated with events that have made a significant contribution to the broad patterns of our history or that are associated with the lives of persons significant in our past;(2) The property embodies the distinctive characteristics of a type, period, or method of construction, represents the work of a master, possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction;(3) The property retains integrity at the time of the nomination, as determined by the executive director of the commission;(4) The property, including the buildings, structures, and objects subject to the designation per subsection (b) of this section, is at least 50 years of age; and(5) The owner(s) of the property at the time of nomination consents to this designation, which runs with the land and remains in effect under all future owners.(b) At the choice of the legal owner(s) at the time of nomination, designation either applies to all buildings, structures, and objects, and their setting within the legal description of the property; or applies only to the specific buildings, structures, or objects that are the subject of the nomination and does not affect any other buildings, structures, or objects within the legal description of the property. Prior to designation, commission staff will evaluate whether each nominated building, structure, and object meets the criteria for designation and may recommend changes, subject to owner approval.(c) Evidence of RTHL designation shall be recorded by the commission in the deed records for the county where the RTHL property is located. Designation becomes effective upon recording. RTHLs designated prior to 2020 remain valid based on approval by the commission; however, if the designation is not recorded, Texas Government Code, §442.016 shall not apply.(d) RTHL designation shall be indicated on the Official Texas Historical Marker installed at the site after the designation has been approved by the commission and recorded. However, RTHL designation shall be effective until removed by the commission, whether or not the marker remains in place.(e) Once designated, RTHL properties are subject to provisions of the Texas Government Code, §§442.006(f), 442.011, and 442.016; rules of the commission, including §21.11 of this title (relating to Review of Work on Recorded Texas Historic Landmarks); and other applicable administrative rules.", "sourceNote": "Source Note: The provisions of this §21.6 adopted to be effective August 28, 2003, 28 TexReg 6814; amended to be effective November 30, 2006, 31 TexReg 9599; amended to be effective September 11, 2013, 38 TexReg 5873; amended to be effective November 22, 2020, 45 TexReg 8128." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205044", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "21", "label": "HISTORY PROGRAMS" }, "subchapter": { "number": "B", "label": "OFFICIAL TEXAS HISTORICAL MARKER PROGRAM" }, "rule": { "number": "§21.7", "label": "Application Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191842", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any individual, group or county historical commission may apply to the commission for an Official Texas Historical Marker. The application shall include:(1) a completed current Official Texas Historical Marker application form;(2) supporting documentation as provided in program guidelines, criteria and procedures adopted by the commission; and(3) an application fee in the amount of $100.(b) Historic Texas Cemetery markers. A marker, medallion or plaque may be awarded to a cemetery only if the commission has designated the cemetery as an Historic Texas Cemetery. See §22.6 of this title (relating to Historic Texas Cemeteries) for information concerning Historic Texas Cemetery designation. Historic Texas Cemetery name and date plaque applications are accepted year-round. The marker must be located either at or immediately adjacent to the designated cemetery.(c) The following procedures shall be observed for the marker application process. Potential sponsors should check the commission web site at www.thc.texas.gov for current information on the Official Texas Historical Marker Program.(1) The sponsor must contact the county historical commission (CHC) to obtain a marker application form, to review basic program requirements and to discuss the county's review process and procedures, which differ from county to county. The commission does not mandate a specific review process at the county level, so the sponsor will need to work closely with the CHC to be sure all local concerns and procedures are addressed properly. The CHCs cannot send the application forward until they can certify that the history and the application have been adequately reviewed. Applications for Recorded Texas Historic Landmarks (RTHL) for sites located on private land must include written owner consent of the landowner.(2) CHC reviews the marker application for accuracy and significance, and either approves the application or works with the sponsor to develop additional information as necessary.(3) CHC-approved applications are forwarded to the History Programs Division of the commission. Once the application is received by the commission, additional notifications and correspondence will be between the CHC contact and the commission staff contact only, unless otherwise noted.(4) Commission staff makes a preliminary assessment to determine if the topic is eligible for review and if all required elements are included. The commission will notify the applicant through the CHC once the application has been received.(5) A $100 application fee is due within ten days upon notification of receipt.(6) Additional information may be requested via email. Failure to provide all requested materials as instructed will result in cancellation of the application.(7) Commission staff and commissioners review applications and determine:(A) eligibility for approval;(B) size and type of marker for each topic; and(C) priorities for work schedule on the approved applications.(8) CHC and sponsor will be notified via email of approval and provided a payment form for the casting of the marker.(9) The payment must be received in commission offices within 45 days or the application will be cancelled.(10) Commission staff will write the marker inscription. One review copy will be provided via email to the CHC contact only for local distribution as needed. Inscription review is for accuracy of content only; the commission determines the content, wording, punctuation, phrasing, etc.(A) Upon approval of the inscription, the CHC contact provides additional copies as necessary for committee, commission, or sponsor review and conveys a single response to the commission.(B) Upon receipt of emailed approval by the CHC, the commission proceeds with the order.(C) If changes recommended by the CHC are approved by the commission, staff will send a revised copy for content review. Because inscription reviews are for content only, only two reviews should be necessary to complete this step of the process. Additional requests for revisions are subject to approval by the commission, which will be the sole determiner of warranted requests for changes. Excessive requests for change, or delays in response, may, in the determination of the commission, result in cancellation of the order.(D) Only the authorized CHC contact - chair or marker chair - can make the final approval of inscriptions at the county level. Final approval will be construed by the commission to mean concurrence by any interested parties, including the sponsor.(11) After final approval, the order is sent to marker supplier for manufacturing. Subject to the terms of the commission vendor contract, only authorized commission staff may contact the manufacturer relative to any aspect of Official Texas Historical Markers, including those in process or previously approved.(12) Commission staff reviews galley proofs of markers. With commission approval, manufacturing process proceeds. Manufacturer inspects, crates and ships completed markers and notifies commission, which in turn notifies CHC contact.(13) With shipment notice, planning can begin on marker dedication ceremony, as needed, in conjunction with CHC, sponsors and other interested parties.(14) Information on planning and conducting marker ceremonies is provided by the commission through its web site.(15) Once the planning is complete, the CHC posts the information to the commission web site calendar.(16) Commission staff enters marker information into the Texas Historic Sites Atlas at website atlas.thc.texas.gov, an online inventory of marker information and inscriptions.(d) Application content.(1) Each marker application must address the criteria specified in §21.9 of this title (relating to Applications Evaluation Procedures) in sufficient detail to allow the commission to judge the merit of the application.(2) Documentation. Each marker application must contain sufficient documentation to verify the assertions about the above criteria. If the claims in the application cannot be verified through documentation, the application will be rejected.(e) Limitation of markers awarded.(1) The commission will set a numerical limit on the number of markers that will be approved annually.(2) No markers in excess of the limit may be approved except by vote of the commission to amend the limit.", "sourceNote": "Source Note: The provisions of this §21.7 adopted to be effective August 28, 2003, 28 TexReg 6814; amended to be effective November 30, 2006, 31 TexReg 9599; amended to be effective May 18, 2009, 34 TexReg 2949; amended to be effective December 5, 2012, 37 TexReg 9494; amended to be effective January 2, 2018, 42 TexReg 7683; amended to be effective August 23, 2018, 43 TexReg 5361; amended to be effective May 26, 2021, 46 TexReg 3250." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191842&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191842", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "21", "label": "HISTORY PROGRAMS" }, "subchapter": { "number": "B", "label": "OFFICIAL TEXAS HISTORICAL MARKER PROGRAM" }, "rule": { "number": "§21.9", "label": "Application Evaluation Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "128239", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission adopts the following criteria governing evaluation for approval or rejection of applications for Official Texas Historical Markers, Recorded Texas Historic Landmarks (RTHLs), or Historic Texas Cemetery designations.(1) Age: Structures eligible for the RTHL designation and marker must be at least 50 years old. Older structures may be awarded additional weight in evaluation and scoring.(2) Historical significance/Architectural Significance: The Texas Historical Commission's Division of Architecture evaluates applications for RTHL designations, which are awarded to properties which demonstrate architectural and historical significance and architectural and historical integrity. Architectural significance alone is not enough to qualify a structure for the RTHL designation. It must have an equally significant historical association, and that association can come from an event that occurred at the site; through individuals who owned or lived on the property; or, in the case of bridges, industrial plants, schoolhouses and other non-residential properties, through documented significance to the larger community. Structures deemed architecturally significant are outstanding examples of architectural history through design, materials, structural type or construction methods. In all cases, eligible architectural properties must display integrity; that is, the structure should be in a good state of repair, maintain its appearance from its period of significance and be considered an exemplary model of preservation. Architectural significance is often best determined by the relevance of the property to broader contexts, including geography. Any changes over the years should be compatible with original design and reflect compliance with accepted preservation practices, e.g., the Secretary of the Interior's Standards for Rehabilitation. (3) State of repair/Integrity: Structures not considered by the commission to be in a good state of repair are not eligible for RTHL designation. The commission reserves the sole right to make that determination relative to eligibility for RTHL markers. Subject marker topics placed at the appropriate site help maintain site integrity. Topics properly documented and understood by the public also help maintain a high degree of integrity.(4) Diversity of topic for addressing gaps in historical marker program. This criterion addresses the extent to which topic relates to an aspect or area of Texas history that has not been well represented by the marker program.(5) Value of topic as an undertold or untold aspect of Texas history. This criterion addresses the extent to which topic addresses undertold facets of Texas history and increases the diversity of history and cultures interpreted through the marker program.(6) Endangerment level of property, site or topic. This criterion addresses the extent to which the property (RTHLs), site or story is in danger of being lost if its history and significance are not documented through the marker program.(7) Available documentation and resources. This criterion addresses the quality and balance of the research and documentation for the application.(8) Diversity among this group of candidates. This criterion addresses the extent to which this topic represents an undertold story of Texas history among the applications received during that year's marker cycle.(9) Relevance to other commission programs. This criterion addresses the extent to which the topic coordinates with other significant programs and initiatives of the agency.(10) Relevance to the commission's current thematic priorities. This criterion addresses the extent to which the topic coordinates with the thematic priorities set by the commission each year (varies by year).(b) Applications and topics with exceptional significance directly address established statewide themes, promote undertold stories of Texas history and have exceptional ability to educate the public on aspects of Texas history not fully addressed by the marker program. Applications and topics with high significance address statewide themes, promote undertold stories of Texas history and have some ability to educate the public on aspects of Texas history not fully addressed by the marker program. Applications and topics that meet requirements have been found to fulfill the basic application requirements and guidelines, relate to statewide themes but do not necessarily directly address topics that have not been widely addressed by the marker program. Applications and topics deemed not eligible do not relate to statewide themes and/or do not meet the basic program application requirements and guidelines. All markers must relate to the statewide themes established by the commission. These themes are available on the commission's web site at www.thc.texas.gov. From time to time the commission may establish thematic priorities for the marker program. Additional points will be awarded to projects falling within these priorities.(c) The scoring system for ranking applications is as follows:(1) Age - 5 pts. max;(2) Historical Significance/Architectural Significance - 10 pts. max;(3) State of Repair/Integrity - 10 pts. max;(4) Diversity of topic for addressing gaps in historical marker program - 10 pts. max;(5) Value of topic as an undertold or untold aspect of Texas history - 15 pts. max;(6) Endangerment level of property, site or topic - 10 pts. max;(7) Available documentation and resources - 10 pts. max;(8) Diversity among this group of candidates - 10 pts. max;(9) Relevance to other commission programs - 5 pts. max; and(10) Relevance to the commission's current thematic priorities - 15 pts. max.", "sourceNote": "Source Note: The provisions of this §21.9 adopted to be effective August 28, 2003, 28 TexReg 6814; amended to be effective May 18, 2009, 34 TexReg 2949; amended to be effective December 5, 2012, 37 TexReg 2949; amended to be effective January 2, 2018, 42 TexReg 7684; amended to be effective August 23, 2018, 43 TexReg 5361." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=128239&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "128239", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "21", "label": "HISTORY PROGRAMS" }, "subchapter": { "number": "B", "label": "OFFICIAL TEXAS HISTORICAL MARKER PROGRAM" }, "rule": { "number": "§21.10", "label": "Ownership of Official Texas Historical Markers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "163777", "queryAsDate": "03/11/2026" }, "ruleBody": "All Official Texas Historical Markers are the property of the State of Texas and may be recalled by the commission.", "sourceNote": "Source Note: The provisions of this §21.10 adopted to be effective November 30, 2006, 31 TexReg 9599." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "163777", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "21", "label": "HISTORY PROGRAMS" }, "subchapter": { "number": "B", "label": "OFFICIAL TEXAS HISTORICAL MARKER PROGRAM" }, "rule": { "number": "§21.11", "label": "Review of Work on Recorded Texas Historic Landmarks" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209823&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "209823", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless context clearly indicates otherwise.(1) Damage--To alter, in whole or in part. Damage to historical or architectural integrity includes alterations of structural elements, decorative details, fixtures, and other material; construction of additions; relocation; or demolition.(2) Integrity--Integrity refers to the physical condition and therefore the capacity of the resource to convey a sense of time and place. Integrity is the authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period, including the property's location, design, setting, materials, workmanship, feeling, and association. In terms of architectural design, to have integrity means that a building still possesses much of its mass, scale, decoration, and so on, of either the period in which it was conceived and built, or the period in which it was adapted to a later style which has validity in its own rights as an expression of historical character or development. The question of whether or not a building possesses integrity is a question of the building's retention of sufficient fabric to be identifiable as a historic resource. For a building to possess integrity, its principal features must be sufficiently intact for its historic identity to be apparent. A building that is significant because of its historic association(s) must retain sufficient physical integrity to convey such association(s).(3) Normal maintenance and repair--Work that does not have the potential to cause removal, damage or alteration to the integrity, form, or appearance of the materials, features, or landform of the historic building or structure and its site, is considered to be normal maintenance and repair. Cleaning surfaces with non-corrosive mild solutions and low-pressure water, repainting window frames or doorways with similar paints, or minor repairs such as replacing putty on windows are examples of normal maintenance and repair. Other work, however, may not constitute normal maintenance and repair. For example, permanent masonry damage can result from use of inappropriate cleaning methods, such as sandblasting, high pressure water cleaning, or the use of unsuitable chemicals, or from use of damaging repointing techniques and materials. Replacing historic windows damages the historical integrity of a building, and painting previously unpainted surfaces constitutes alteration. Such work is not considered normal maintenance or repair.(b) Procedure. As provided for in Texas Government Code, §442.006(f), a person may not damage the historical or architectural integrity of a structure the commission has designated as a Recorded Texas Historic Landmark (landmark) without first notifying the commission. Such notice shall not be required for normal maintenance and repair; for interior work that does not affect the exterior integrity of the property; or for work to the surrounding site unless included as part of the designated landmark.(1) Notice from the property owner to the commission. At least 60 days prior to the proposed work on a landmark, a written notification from the property owner describing the project shall be submitted to the commission, along with construction documents, sketches, or drawings which adequately describe the full scope of project work and photographs of the areas affected by the proposed changes.(2) Notice from the commission to the property owner. Written notice of the commission's comments pursuant to a review of the proposed work shall be provided by the commission. Comments shall be made based on the Secretary of the Interior's Standards for the Treatment of Historic Properties (1995 and subsequent revisions; codified at 36 Code of Federal Regulations Part 67), which are summarized in subparagraphs (A) - (C) of this paragraph:(A) Definitions for historic preservation project treatment.(i) Preservation is defined as the act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project.(ii) Rehabilitation is defined as the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.(iii) Restoration is defined as the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project.(iv) Reconstruction is defined as the act or process of depicting, by means of new construction, the form features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location.(B) General standards for historic preservation projects.(i) A property shall be used as it was historically, or be given a new use that maximizes the retention of distinctive materials, features, spaces, and spatial relationships. Where a treatment and use have not been identified, a property shall be protected and, if necessary, stabilized until additional work may be undertaken.(ii) The historic character of a property shall be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces, and spatial relationships that characterize a property shall be avoided.(iii) Each property shall be recognized as a physical record of its time, place and use. Work needed to stabilize, consolidate, and conserve existing historic materials and features shall be physically and visually compatible, identifiable upon close inspection, and properly documented for future research.(iv) Changes to a property that have acquired historic significance in their own right shall be retained and preserved.(v) Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.(vi) The existing condition of historic features shall be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material shall match the old in composition, design, color, and texture.(vii) Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.(viii) Archeological resources shall be protected and preserved in place to the extent possible. If such resources must be disturbed, mitigation measures shall be undertaken.(C) Specific standards for historic preservation projects. In conjunction with the eight general standards listed in subparagraph (B)(i) - (viii) of this paragraph, specific standards are to be used for each treatment type.(i) Standards for rehabilitation.(I) A property shall be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.(II) The historic character of a property shall be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property shall be avoided.(III) Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, shall not be undertaken.(IV) Changes to a property that have acquired historic significance in their own right shall be retained and preserved.(V) Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.(VI) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and where possible, materials. Replacement of missing features shall be substantiated by documentary and physical evidence.(VII) Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.(VIII) Archeological resources shall be protected and preserved in place to the extent possible. If such resources must be disturbed, mitigation measures shall be undertaken.(IX) New additions, exterior alterations, or related new construction shall not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and shall be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.(X) New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.(ii) Standards for restoration.(I) A property shall be used as it was historically or be given a new use which reflects the property's restoration period.(II) Materials and features from the restoration period shall be retained and preserved. The removal of materials or alteration of features, spaces, and spatial relationships that characterize the period shall not be undertaken.(III) Each property shall be recognized as a physical record of its time, place and use. Work needed to stabilize, consolidate and conserve materials and features from the restoration period shall be physically and visually compatible, identifiable upon close inspection, and properly documented for future research.(IV) Materials, features, spaces, and finishes that characterize other historical periods shall be documented prior to their alteration or removal.(V) Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize the restoration period shall be preserved.(VI) Deteriorated features from the restoration period shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and, where possible, materials.(VII) Replacement of missing features from the restoration period shall be substantiated by documentary and physical evidence. A false sense of history shall not be created by adding conjectural features, features from other properties, or by combining features that never existed together historically.(VIII) Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.(IX) Archeological resources affected by a project shall be protected and preserved in place to the extent possible. If such resources must be disturbed, mitigation measures shall be undertaken.(X) Designs that were never executed historically shall not be constructed.(iii) Standards for reconstruction.(I) Reconstruction shall be used to depict vanished or non-surviving portions of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture, and such reconstruction is essential to the public understanding of the property.(II) Reconstruction of a landscape, building, structure, or object in its historic location shall be preceded by a thorough archeological investigation to identify and evaluate those features and artifacts which are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures shall be undertaken.(III) Reconstruction shall include measures to preserve any remaining historic materials, features, and spatial relationships.(IV) Reconstruction shall be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. A reconstructed property shall re-create the appearance of the non-surviving historic property in materials, design, color, and texture.(V) A reconstruction shall be clearly identified as a contemporary re-creation.(VI) Designs that were never executed historically shall not be constructed.(3) If the proposed work meets the Secretary of the Interior's Standards for the Treatment of Historic Properties, the commission may waive the remainder of the 60-day waiting period. If the proposed work does not meet these standards or otherwise would damage the integrity of the landmark, the commission may require an additional waiting period of no longer than 30 days, for a total of up to 90 days. The waiting period is intended to enhance the chance for preservation, and the commission may negotiate with the property owner during this period. On the expiration of the time limits imposed in the commission's response, the work may proceed, but must proceed not later than the 180th day after the date on which notice was given or the notice is considered to have expired.", "sourceNote": "Source Note: The provisions of this §21.11 adopted to be effective September 11, 2013, 38 TexReg 5873." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=209823&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "209823", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "21", "label": "HISTORY PROGRAMS" }, "subchapter": { "number": "B", "label": "OFFICIAL TEXAS HISTORICAL MARKER PROGRAM" }, "rule": { "number": "§21.12", "label": "Marker Text Requests" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213564&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213564", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A request for a review of the text of any Official Texas Historical Marker (OTHM) that is the property of the State of Texas and which falls under the jurisdiction of the Texas Historical Commission (\"Commission\") may be submitted to dispute the factual accuracy of the OTHM based on verifiable, historical evidence that the marker:(1) Includes the name of an individual or organization that is not spelled correctly;(2) Includes a date that is not historically accurate;(3) Includes a statement that is not historically accurate; or(4) Has been installed at the wrong location.(b) A request for review of OTHM text shall be submitted on a form provided by the Commission for that purpose, accompanied by no more than 10 single-sided pages of supplemental material printed in a font size no smaller than 11.(c) OTHM review requests shall be submitted to the Commission at 1511 Colorado St., Austin, Texas 78701; by mail to P.O. Box 12276, Austin, Texas 78711; or by email to thc@thc.texas.gov. The Commission will send a copy of the request and supporting materials to the County Historical Commission (CHC) for the county in which the OTHM is located, return receipt requested. In the absence of a formally-established CHC, a copy will be submitted to the county judge, return receipt requested.(d) The CHC or county judge shall have 10 days from the date of receipt of the request to submit a response to the Commission if they wish to do so. The CHC's or county judge's response shall consist of not more than 10 single-sided pages of material printed in a font size no smaller than 11 and shall be signed by the chair of the CHC or by the county judge.(e) Within 20 days of receiving the CHC's or county judge's response to the request, or within 30 days of receiving the request itself if there is no CHC or county judge response, the staff at the Commission shall review the information submitted and respond to the requestor and to the CHC or county judge with the staff recommendation in writing, return receipt requested.(f) During the period previously referred to in Section (e) of this section, Commission staff may choose to refer the request to a panel of professional historians for a recommendation.(g) The panel will consist of three professional historians:(1) the State Historian appointed by the Governor pursuant to Texas Government Code Section 3104.051;(2) the historian appointed by the Governor to serve on the Commission pursuant to Texas Government Code Section 442.002; and(3) a professional historian selected by these two historians from the faculty of a public college or university upon receiving the request. If no professional historian has been appointed by the Governor to serve on the Commission, the Governor's appointed chair of the Commission or the chair's designee will serve on the panel in place of that individual.(h) In reaching its decision, the panel will review the same information reviewed by the staff, as well as any additional information provided by staff, which shall be no more than 10 single-sided pages of supplemental material printed in a font size no smaller than 11. The panel shall be chaired by the State Historian who shall determine whether the panel will meet in person or deliberate through electronic or other means.(i) The panel shall develop a written recommendation supported by at least two of its members. The written recommendation of the panel will be delivered to the Commission staff no later than 30 days following the panel's receipt of the background materials as provided above. If the panel is unable to develop such a recommendation, the panel chair shall so report in writing to the Commission's staff within the same 30-day period. Commission staff will consider the panel's report and send their final recommendation to the requestor and to the CHC or county judge within 15 days after receiving the panel's report, return receipt requested.(j) If the requestor, or the County Historical Commission or county judge are not satisfied with the staff recommendation, they may choose to file an objection with the Commission's History Programs Committee (\"Committee\"). Such objections must be postmarked no later than 5 days following receipt of the staff recommendation. If no such objection is filed, the staff or panel recommendation with accompanying marker text revisions will be placed on the next consent agenda of the Texas Historical Commission for approval.(k) Review of objections filed with the Committee shall be based on copies of the same information as was initially provided to the panel of historians under section (g) above. If the matter was not submitted to the panel of historians, the objection shall be based on the material previously submitted by the requestor or requestors and CHC or county judge to the marker staff under sections (b) and (d) above, and on any additional information provided by marker staff, which shall be no more than 10 single-sided pages of supplemental material printed in a font size no smaller than 11.(l) The Committee shall include the objection on the agenda of its next scheduled meeting, assuming said meeting happens at least 20 days after the objection is received by the Commission. If the 20-day deadline is not met, the objection shall be on the agenda of the following meeting of the Committee.(m) The Committee may choose to take public testimony on the objection, or not. If public testimony is invited, such testimony may be limited by the Committee chair to a period of time allocated per speaker, per side (pro and con) or both.(n) The decision of the Committee, along with any recommendation from staff and/or the panel, shall be placed on the consent agenda of the full Commission for approval.(o) If a request or objection is approved by the Commission, the existing marker will be replaced, subject to the availability of funds for that purpose. If such funds are not readily available, a supplemental marker may serve in the interim.(p) With all approved requests or objections, Commission staff will write the replacement text. Markers will be produced by the contracted foundry and production will be subject to the foundry's schedule.(q) The Commission will not accept subsequent requests or objections that are substantively similar to a request or objection that is already going through or has already gone through this request process. A decision not to accept a request or objection under this section may be made by the Executive Director.(r) A request for review may only be filed against a single marker, and no individual or organization may file more than one request for review per calendar year.", "sourceNote": "Source Note: The provisions of this §21.12 adopted to be effective November 28, 2018, 43 TexReg 7671; amended to be effective May 26, 2021, 46 TexReg 3250; amended to be effective August 21, 2022, 47 TexReg 4970." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213564&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213564", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "21", "label": "HISTORY PROGRAMS" }, "subchapter": { "number": "B", "label": "OFFICIAL TEXAS HISTORICAL MARKER PROGRAM" }, "rule": { "number": "§21.13", "label": "Removal of Markers and Monuments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=159520&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "159520", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any individual, group, or county historical commission (CHC) may request removal of an Official Texas Historical Marker (\"marker\"), as defined in §21.3 of this title (relating to Definitions), or a monument (\"monument\") within the Commission's jurisdiction, as defined in §26.3 of this title (relating to Definitions). Staff of the Commission may also propose removal of a Recorded Texas Historic Landmark (hereafter referred to as \"RTHL\" ) marker if such a property no longer meets the criteria for designation established in §21.6 of this title (relating to Recorded Texas Historic Landmark Designation).(b) With the exception of monuments that are State Antiquities Landmarks or included within the boundaries of State Antiquities Landmarks, which shall follow procedures as described in §191.097 and 191.098 of title 9 of the Natural Resources Code as well as applicable rules adopted thereunder, requests for removal of a historical marker or monument shall include:(1) the name and contact information for the requesting individual, group, or CHC;(2) the name and location of the marker or monument for which removal is requested;(3) justification for removal of the marker or monument;(4) narrative history and photographs of the marker or monument;(5) written owner consent for removal from the landowner for sites not located on state land;(6) a plan explaining how the marker or monument will be removed in such a way as to protect its condition and be delivered to a location approved by the Commission; and(7) For RTHLs only, notification of any proposed work sufficient to meet the requirements of §21.11 of this title (relating to Review of Work on Recorded Texas Historic Landmarks).(c) Marker and monument removal requests shall be submitted to the Commission at 1511 Colorado St., Austin, Texas 78701; by mail to P.O. Box 12276, Austin, Texas 78711; or by email to thc@thc.texas.gov. The Commission will send a copy of the request and supporting materials to the County Historical Commission (CHC) for the county in which the marker or monument is located, return receipt requested. In the absence of a formally-established CHC, a copy will be submitted to the county judge, return receipt requested.(d) The CHC or county judge shall have 30 days from the date of receipt of the request to submit a response to the Commission if they wish to do so. The CHC's or county judge's response shall consist of not more than 10 single-sided pages of material printed in a font size no smaller than 11 and shall be signed by the chair of the CHC or by the county judge.(e) The Commission's History Programs Committee (\"Committee\") shall consider requests for removal of markers and monuments that are not State Antiquities Landmarks or located within the boundaries of State Antiquities Landmarks, including those also governed by §17.2 of this title (relating to Review of Work on County Courthouses) and §442.008(a) of title 4 of the Government Code.(f) The Committee shall include the request on the agenda of its next scheduled meeting after the applicable timeline has been fulfilled:(1) For RTHLs, the Commission must receive a request for removal of the designation at least 90 days prior to the Committee meeting at which the request will be considered, to allow sufficient time for the notification and review process established in §21.11 of this title and Texas Government Code, §442.006(f).(2) For all other markers and monuments, the Commission must receive a request for removal at least 20 days prior to the Committee meeting at which the request will be considered. Further, the 30-day review period referred to in subsection (d) of this section must have expired or a response received from the CHC or county judge before the Commission may take action on such a request.(g) The Committee may choose to take public testimony on the request. If public testimony is invited, such testimony may be limited by the Committee chair to a period of time allocated per speaker.(h) Upon consideration of a removal request, the Committee shall make a recommendation to the Commission on whether to approve or deny the removal request. The recommendation of the Committee shall be placed on the agenda of the full Commission meeting immediately following the Committee meeting for approval or denial.(i) The Commission shall notify the requesting individual, group, or CHC, and CHC for the county in which the marker or monument is located of the Commission's decision.(j) If the request is approved by the Commission, the person who submitted the removal request must arrange for removal of the marker or monument in such a way as to protect its condition and deliver it to a location approved by the Commission at the requestor's expense.(k) Approval by the Commission of the removal of an RTHL marker constitutes removal of the designation on the property. Pursuant to §21.6 of this title, RTHL designation shall be effective until removed by the commission, whether or not the marker remains in place. Should the waiting period imposed under §21.11 of this title expire prior to Commission consideration of a marker removal request submitted pursuant to this rule, the property owner may proceed with their project as proposed. However, after expiration of the waiting period and before proceeding with any work that may damage the marker, such as demolition of a building on which a marker is mounted, the property owner must arrange for removal of the marker in such a way as to protect its condition and deliver it to a location approved by Commission staff at the owner's expense.", "sourceNote": "Source Note: The provisions of this §21.13 adopted to be effective May 26, 2021, 46 TexReg 3251; amended to be effective May 25, 2023, 48 TexReg 2571." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=159520&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "159520", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "21", "label": "HISTORY PROGRAMS" }, "subchapter": { "number": "D", "label": "MUSEUM SERVICES PROGRAM" }, "rule": { "number": "§21.15", "label": "Museum Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173338&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173338", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All policies and procedures relating to museum services shall be determined by the Commission.(b) The Commission may establish a grant program to assist small history museums in the State of Texas.(1) The conditions of eligibility, procedures for consideration, and criteria for evaluating applications for such grants shall be determined by the Commission and made available to members of the public.(2) Decisions on the grants shall be made by vote of the Commission in a duly posted open meeting.(3) Grants shall be made without regard to the race, religion, ethnicity, gender, political affiliation, or national origin of the applicant.", "sourceNote": "Source Note: The provisions of this §21.15 adopted to be effective August 28, 2003, 28 TexReg 6814; amended to be effective December 5, 2012, 37 TexReg 9494." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173338&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173338", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "21", "label": "HISTORY PROGRAMS" }, "subchapter": { "number": "E", "label": "TEXAS HISTORIC ROADS AND HIGHWAYS PROGRAM" }, "rule": { "number": "§21.31", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173339&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173339", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms shall have the given meanings when used in this subchapter unless the context clearly requires otherwise:(1) \"Commission\" means the Texas Historical Commission.(2) \"Department\" means the Texas Department of Transportation.(3) \"Historic Highway\" means the following officially designated highways within the State of Texas as shown on the Rand McNally Official 1923 Auto Trails Map, Districts 12 and 18, or any other highway so designated by the Texas State Legislature:(A) Bankhead Highway (Texarkana-Dallas-Fort Worth & El Paso)(B) Meridian Highway, Mineral Wells Branch Meridian Highway(C) Southern National Trail (Old Spanish Trail)(D) Del Rio-Canadian Highway(E) North Texas Highway(F) King of Trails(G) Central Texas Highway(H) East Texas Highway(I) Puget Sound to Gulf Highway(J) Fort Worth-Brady-Fort Stockton Highway(K) Jefferson Highway(L) Jefferson Davis Memorial Highway(M) Ozark Trail(N) Henry Exall Memorial Highway, Eastern Loop Henry Exall Highway, \"X\"All Highway(O) Texas-Louisiana Highway(P) Pecos Valley Highway(Q) Albany-Bronco Highway(R) Paris-Houston Highway, Red River to Gulf Highway(S) Austin to Houston Highway(T) Gonzales to San Augustine Highway(U) Wichita Falls and Comanche Highway(V) Southwest Trail of Texas(W) Denton-Whitesboro Highway(X) Tyler-Henderson-Nacogdoches Highway(Y) Fort Worth-Farwell-Frisco Highway(Z) Middlebuster Highway(AA) Wichita Valley Highway(BB) Waco-Corsicana Highway(CC) Ben Milam Highway(DD) Jim Hogg Highway(EE) Throckmorton Highway(FF) Hobby Highway(GG) Charles Schreiner Highway(HH) Culberson Highway(II) SAP Route(JJ) East and West Texas Highway(KK) Mississippi River Scenic Highway(LL) Postal Highway(MM) Star Highway(NN) Denison-Whitesboro-Fort Worth-Gulf(OO) Abo Pass Highway(PP) Texas, Oklahoma, Kansas Route(QQ) San Antonio-Del Rio(RR) Lone Star Trail (Beaumont to Brownsville)(SS) Kansas-Oklahoma, Texas and Gulf Highway(TT) Gulf to Panhandle Highway(UU) Dallas-Canadian-Denver Highway(VV) Lee Highway(WW) Lone Star Trail (Timpson to El Paso)(XX) Colorado to Gulf Highway(YY) Dixie Overland Highway(ZZ) Coast to Coast Route(AAA) Southwest Trails(BBB) Air Line(CCC) Mineral Wells Trail(DDD) Atlantic-Pacific Highway(4) \"Historic Roads and Highways Program\" means the program operated by the Commission in cooperation with the Department to identify, designate, interpret and market Texas historic roads and highways.", "sourceNote": "Source Note: The provisions of this §21.31 adopted to be effective August 31, 2015, 40 TexReg 5457." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173339&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173339", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "21", "label": "HISTORY PROGRAMS" }, "subchapter": { "number": "E", "label": "TEXAS HISTORIC ROADS AND HIGHWAYS PROGRAM" }, "rule": { "number": "§21.32", "label": "Historic Roads and Highways Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "211256", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission and the Department may enter into a memorandum of understanding to establish a program for the identification, designation, interpretation, and marketing of Texas historic roads and highways.(b) The designation of a road or highway under a program established under this section is not, and may not be considered to be, a designation under the National Historic Preservation Act (54 U.S.C. §300101 et seq.).(c) To supplement revenue available for the program, the Commission and the Department may pursue federal funds dedicated to highway enhancement for the program or seek private donations of funds, services, or in-kind contributions or local government participation.(d) The Department is not required to construct or erect a marker under this section unless a grant or donation of funds is made to cover the cost of the design, construction, and erection of the marker.(e) Money received to cover the cost of a marker under this subsection shall be deposited to the credit of the state highway fund.", "sourceNote": "Source Note: The provisions of this §21.32 adopted to be effective August 31, 2015, 40 TexReg 5457." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=211256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "211256", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "22", "label": "CEMETERIES" }, "rule": { "number": "§22.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187253", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.(1) \"Abandoned cemetery\" means a non-perpetual care cemetery containing one or more graves and possessing cemetery elements for which no cemetery organization exists and which is not otherwise maintained by any caretakers. It may or may not be recorded in deed records of the county in which it lies.(2) \"Antiquities Permit\" means a permit issued by the Texas Historical Commission under the jurisdiction of the Antiquities Code of Texas, Natural Resources Code ch. 191.(3) \"Atlas\" means the Texas Historic Sites Atlas which is a cultural resource database that is maintained by the Commission and contains historic properties.(4) \"Burials\" and \"Burial pits\" mean marked and unmarked locales set aside for a human burial or burials purposes. Burials and burial pits may contain the remains of one or more individuals located in a common grave in a locale. The site area encompasses the human remains present and also may contain gravestones, markers, containers, coverings, garments, vessels, tools, and other grave objects which may be present. or could be evidenced by the presence of depressions, pit feature stains, or other archeological evidence.(5) \"Cemetery\" means a place that is used or intended to be used for interment, and includes a graveyard, burial park, unknown cemetery, abandoned cemetery, mausoleum, or any other area containing one or more graves or unidentified graves.(6) \"Commission\" means the Texas Historical Commission.(7) \"Declaration of Dedication\" means a notarized statement submitted to the appropriate county clerk's office, in which the state verifies and acknowledges that the named cemetery contains human burials at least 50 years old.(8) \"Department\" means the Texas Department of State Health Services.(9) \"Disinterment Permit\" means a permit issued by the State Registrar that authorizes the exhumation of human remains from a grave location.(10) \"Family cemetery\" means a cemetery containing members of a single family or kinship group, usually located on land belonging to the family or occupied by the family when established.(11) \"Funerary objects\" means physical objects associated with a burial, such as a casket, whether whole or deteriorated into pieces, personal effects, ceremonial objects, and any other objects interred with human remains.(12) \"Grave\" means a space of ground that contains interred human remains or is in a burial park and this is used or intended to be used for interment of human remains in the ground.(13) \"Identified grave\" means a grave that is marked with name of the individual interred in the grave or for which there is other evidence of the name of the individual interred in the grave.(14) \"Interment\" means the permanent disposition of human remains by entombment, burial, or placement in a niche, but does not include the location of displaced or disarticulated human remains.(15) \"Historic cemetery\" means a cemetery with at least one grave that is 50 years old or older.(16) \"Human remains\" means the body of a decedent.(17) \"Marked grave\" means a grave that has some physical object or objects identifying it as a grave, including a headstone, wooden or metal marker, arrangement of field stones, plantings, or other such indicia, whether or not the individual in the grave is identified.(18) \"Nonperpetual care cemetery\" means a cemetery that is not a perpetual care cemetery.(19) \"Perpetual care\" or \"endowment care\" means the maintenance, repair, and care of all places in the cemetery.(20) \"Perpetual care cemetery\" or \"endowment care cemetery\" means a cemetery for the benefit of which a perpetual care trust fund is established as provided by Chapter 712.(21) \"Physical anthropologist\" means an individual who has a graduate degree in anthropology or archaeology with a concentration of study in the assessment of human skeletal remains. This person must be qualified to obtain measurements of the skeleton and obtain a biological profile, including sex, age, ancestry, stature, and anomalous pathological and traumatic conditions.(22) \"Professional archeologist\" means an individual who has a degree in anthropology, archeology, or a closely related field if that degree also included formal training in archeological field methods, research, and site interpretation, and who conducts archeological investigations as a vocation.(23) \"Unidentified grave\" means a grave that is not marked in a manner that provides the identity of the interment.(24) \"Unknown cemetery\" means an abandoned cemetery evidenced by the presence of marked or unmarked graves that does not appear on a map or in deed records.(25) \"Unverified cemetery\" means a location having some evidence of human burial interments, but in which the presence of one or more unmarked graves has not been verified by a person described by §711.0105(a) of the Health and Safety Code of Texas or by the commission.(26) \"Verified cemetery\" means the location of a human burial interment or interments as verified by the commission.", "sourceNote": "Source Note: The provisions of this §22.1 adopted to be effective May 20, 2010, 35 TexReg 3809; amended to be effective January 2, 2018, 42 TexReg 7684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187253&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187253", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "22", "label": "CEMETERIES" }, "rule": { "number": "§22.2", "label": "Authority of Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187254", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The authority of the Commission and this chapter apply only to non-perpetual care cemeteries. Its authority includes previously unknown cemeteries, abandoned cemeteries, and unverified cemeteries, and all other graves not located in a perpetual care cemetery.(b) For information concerning perpetual care cemeteries, members of the public should contact the Texas Finance Commission or the Texas Funeral Services Commission.(c) For information concerning city or county cemeteries, members of the public should contact the appropriate city or county government.", "sourceNote": "Source Note: The provisions of this §22.2 adopted to be effective May 20, 2010, 35 TexReg 3809; amended to be effective January 2, 2018, 42 TexReg 7684." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187254&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187254", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "22", "label": "CEMETERIES" }, "rule": { "number": "§22.3", "label": "Abatement of Cemetery as Nuisance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "201659", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the Commission receives notice of legal action under Health and Safety Code §711.007 to abate a cemetery as a nuisance, the Commission will commence an investigation to determine whether it should request the Attorney General of Texas to intervene on the Commission's behalf in the legal action.(b) In its investigation, the Commission will attempt to determine:(1) whether the cemetery contains marked, unmarked, and/or unverified graves that are more than 50 years old;(2) whether the cemetery has historical significance to the local area or the State;(3) whether repair and restoration of the cemetery is physically possible;(4) whether the cost of repair and restoration of the cemetery is unreasonable;(5) whether there is a cemetery organization or other party financially responsible for the repair and restoration of the cemetery;(6) whether the cemetery is used or maintained in violation of Health and Safety Code Chapter 711 or 712;(7) whether the cemetery is neglected so that it is offensive to the inhabitants of the surrounding section; and(8) the impact to affected parties of the removal of the graves to a perpetual care cemetery and abatement of the cemetery.(c) The Commission may present the results of its investigation to the Court whether or not it intervenes in the lawsuit.(d) All repairs and restoration in a non-perpetual care cemetery should comply with the Standards for Preservation of Historic Cemeteries, Texas Historical Commission.(e) The extent allowed by the rules of the perpetual care cemetery to which the remains are moved, the original relationship of the various elements of the cemetery, such as monuments and fencing, should be retained and reinstalled in the perpetual care cemetery.", "sourceNote": "Source Note: The provisions of this §22.3 adopted to be effective May 20, 2010, 35 TexReg 3809; amended to be effective January 2, 2018, 42 TexReg 7685." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=201659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "201659", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "22", "label": "CEMETERIES" }, "rule": { "number": "§22.4", "label": "Unknown, Abandoned, and Unverified Cemeteries" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187256", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Discovery of Unknown or Abandoned Cemeteries. §711.010 of the Health and Safety Code requires that a person who discovers an unknown or abandoned cemetery shall file notice of the discovery of the cemetery with the county clerk of the county in which the cemetery is located and concurrently mail notice to the landowner on record in the county appraisal district not later than the 10th day after the date of the discovery. The notice must contain a legal description of the land on which the unknown or abandoned cemetery was found and describe the approximate location of the cemetery and the evidence of the cemetery that was discovered.(1) The Commission may provide assistance to any party required to file this notice.(2) The Notice of Existence of Cemetery form available on the Commission's website may be used to file this notice.(3) The county clerk must provide a copy of the notice to the Commission within 15 days after the filing of the notice with the clerk, by mailing it to the following address: Cemetery Preservation Coordinator, Texas Historical Commission, P.O. Box 12276, Austin, Texas 78711-2276.(b) If one or more graves are discovered during construction of improvements on a property, construction must stop and may only proceed in a manner that would not further disturb the grave or graves unless the graves are removed in accordance with §711.0105 of the Health and Safety Code.(c) Agricultural (including ranching), construction, utility lines, industrial, and mining operations may not be conducted in a manner that will disturb a grave or cemetery unless the graves and dedication of the cemetery are removed in accordance with §711.035 of the Health and Safety Code.(d) Discovery of Unverified Cemeteries. Section 711.0111 of the Health and Safety Code of Texas requires that any person that discovers an unverified cemetery shall file a notice and evidence of the discovery with the commission on a form provided by the commission. Section 711.0111 also requires that any person that discovers an unverified cemetery shall concurrently provide a copy of the notice of the filing with the landowner on record in the county appraisal district on whose land the unverified cemetery is located. The commission shall evaluate the notice and the evidence submitted with the notice, and consider the response of the landowner, if any is received not later than the 30th day after notice, and shall determine whether there is sufficient evidence to support the claim of the existence of a cemetery. If the commission determines that sufficient evidence supports the existence of a cemetery, the commission shall notify the landowner and may file notice of the existence of the cemetery under §711.011 of the Health and Safety Code. If a notice of existence has already been filed under §711.011 and the commission has determined that there is not sufficient evidence of a cemetery the commission shall notify the landowner of its determination, amend the notice to include the commission's determination, and file the amendment with the county clerk to correct the dedication.(1) The Commission may provide assistance to a person required to file this notice.(2) The Notice of Unverified Cemetery form, which is available on the Commission's website, shall be used to file this notice.(3) The Texas Historical Commission, with consent of the landowner, may investigate a suspected but unverified cemetery or may delegate the investigation to a qualified person described by §711.0105(a).(e) The commission shall use one or more of the following criteria when assessing the verification of the existence of a cemetery:(1) the location contains interment(s) that is/are confirmed through assessments or investigations consented by the landowner and performed by a professional archeologist or other individuals as defined by §711.0105(a) of the Health and Safety Code of Texas;(2) the location contains human burial caskets or other containers or vessels that contain human remains or are contextually known to have been used to inter human remains;(3) the location contains articulated human remains that were deliberately interred; or(4) the location contains a burial pit or burial pit features.", "sourceNote": "Source Note: The provisions of this §22.4 adopted to be effective May 20, 2010, 35 TexReg 3809; amended to be effective January 2, 2018, 42 TexReg 7685; amended to be effective November 22, 2020, 45 TexReg 8129." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187256&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187256", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "22", "label": "CEMETERIES" }, "rule": { "number": "§22.5", "label": "Removal of Remains from an Abandoned or Unknown Cemetery" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163778&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "163778", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) §711.010 of the Health and Safety Code requires that, on petition of the owner of the property, a district court of the county in which an unknown cemetery is discovered or an abandoned cemetery is located may order the removal of any dedication for cemetery purposes that affects the property if the court finds that the removal of the dedication is in the public interest. If a court orders the removal of a dedication of a cemetery and all human remains in that cemetery have not previously been removed, the court shall order the removal of the human remains from the cemetery to a perpetual care cemetery or a municipal or county cemetery.(b) Commission role in removal of remains.(1) The Commission may consider alternatives to the removal of human remains such as preservation of the remains in place and recommend to the State Registrar that a disinterment permit not be issued.(2) The Commission shall ensure that a reasonable effort has been made to identify the remains and that the next of kin is notified if the name of the decedent is determined.(c) Method of Removal of Remains.(1) When human remains are to be removed under a disinterment permit from the State Registrar, the exhumation of graves must take place as required by this section.(2) Removal of remains for Antiquities Code permitted projects.(A) When removal of remains is requested during a project with an Antiquities Permit under Chapter 26 of this title (relating to Rules of Practice and Procedures) and under the jurisdiction of the Health and Safety Code of Texas, graves must be removed under the procedures described in §711.0105.(B) Remains must be exhumed by a professional archeologist, and, when appropriate, with the assistance of a physical anthropologist, who is capable of gathering basic demographic data from the human remains being exhumed. Additionally, casket morphology, casket hardware, and any funerary objects must be examined and identified in a report. This policy applies to both marked and unmarked graves unless otherwise specified by the Commission.(C) Unless otherwise specified, all physical anthropological investigations of human remains that fall under the Commission's jurisdiction will use noninvasive techniques. If invasive techniques are proposed, the Commission must give approval.(D) Funerary objects will be reburied with the human remains after they have been documented unless the Commission approves other disposition.(E) Decisions regarding the appropriateness of the reburial of human remains will be made in consultation with the Commission, but the Commission has no formal role in decisions about the methods or ceremonies associated with reburials.(F) A reasonable, good faith effort should be made to define the boundaries of the cemetery within all accessible portions of land on which a previously unknown or abandoned cemetery exists.(i) If the cemetery is being investigated for compliance with state or federal environmental or cultural resource laws, the investigator need only document those portions of the cemetery within the project area.(ii) If the cemetery is being investigated for compliance with state or federal environmental or cultural resource laws, complete definition of a cemetery's boundaries may be deferred until previously inaccessible portions of the cemetery are made accessible during construction.(iii) Notice of the cemetery's location shall be sent to the THC and concurrently to the landowner on record in the county's appraisal district within 10 days following completion of discovery efforts.(G) For cemeteries 50 years in age or older or whose age cannot be determined, a cemetery record for the Texas Historic Sites Atlas and request for a cemetery number or a Texas Archeological Research Laboratory trinomial shall be completed and submitted to the Commission. The survey shall record all \"cemetery elements\" to be moved in drawings and photographic record. Both the drawings and photographic record should be in a form that is expected to last seventy-five years or longer.(i) The site record or request for a cemetery number shall be submitted within ten days of completion of fieldwork at the cemetery.(ii) Upon receipt of an official number for the cemetery, the recorder shall submit a formal notice of the number to the county clerk.(iii) The formal notice to the county clerk shall take the form of a notice to be placed in the county deed record files that documents the assignment of a cemetery number to a cemetery in the county and instructs interested parties to contact the commission for further information.(H) For unmarked graves found during projects under the jurisdiction of the National Historic Preservation Act, 16 U.S.C. §470, et seq., (hereafter NHPA) and/or Native American Graves Protection and Repatriation Act, 25 U.S.C. §3001, et seq., (hereafter NAGPRA), the final disposition of remains will be determined in consultation with appropriate federally-recognized tribes and other appropriate consulting parties. Agencies may satisfy this requirement through their regular consultation process for compliance with these laws.(3) Removal of remains outside Antiquities permitted projects.(A) The exhumation of identified graves in a cemetery where a cemetery organization or other governing body exists or in a family cemetery may be performed by a cemetery keeper, licensed funeral director, medical examiner, coroner or professional archeologist.(B) The exhumation of unmarked graves should be performed by a professional archeologist and, when appropriate, with the assistance of a physical anthropologist who is capable of gathering basic demographic data (i.e., sex, age, height, possible cause of death, etc.) from the human remains being exhumed.(C) Notice of exhumation of graves shall be made in accordance with subsection (c)(2) of this section.(d) If remains are to be reburied in the same cemetery as permitted by law, this section does not apply.", "sourceNote": "Source Note: The provisions of this §22.5 adopted to be effective May 20, 2010, 35 TexReg 3809; amended to be effective January 2, 2018, 42 TexReg 7686." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=163778&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "163778", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "22", "label": "CEMETERIES" }, "rule": { "number": "§22.6", "label": "Historic Texas Cemeteries" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7348&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7348", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any cemetery that is deemed worthy of recognition and preservation for its historic associations is eligible for designation as a Historic Texas Cemetery. The purpose of this designation is to alert the present and future owners of land adjacent to the cemetery of the existence of the cemetery. Such cemeteries are eligible for this status if established at least 50 years before the date of application. The History Programs Committee may waive the age requirement for cemeteries that are deemed to be exceptionally significant. Designation as a Historic Texas Cemetery does not restrict in any way the private owner's use of the land outside the cemetery boundaries.(b) Any individual, organization, or agency may submit an application for designation. The Commission shall notify the owner of the property containing a cemetery, or adjacent landowners having common boundaries with the cemetery, about the proposed designation.(c) Applications for Historic Texas Cemetery designation are available at the Commission or on the Commission's website. Completed applications, along with the processing fee of $25 (twenty-five dollars), shall be sent to the Commission for processing and review. County Historical Commissions will be notified of applications submitted for cemeteries in their county and will be provided a copy of the application materials. The Commission may request further documentation if necessary. The burden of proof of the existence of the cemetery is on the applicant. If the application is accepted for designation, the applicant will be sent a Declaration of Dedication to be filed with the appropriate county clerk's office. Applications rejected because of ineligibility may be reviewed by the History Programs Committee upon the request of the applicant. The cemetery will be officially recognized as a Historic Texas Cemetery when the applicant forwards a copy of the recorded Declaration of Dedication and exhibits which include the filing date and recording data.(d) Designation as a Historic Texas Cemetery must be based on complete documentation of the cemetery's eligibility as outlined in the application form available from the Commission. Examples of documentation that may be requested include deed and title, plot records, archival documents, photographs, oral histories, and archeological data.(e) The Historic Texas Cemetery designation may be removed only by action of the Commission or by an order of the court of proper jurisdiction removing the dedication or permitting the removal of the cemetery and the return of the land to other purposes. A transfer of ownership does not result in a removal of the dedication.(f) A Historic Texas Cemetery may be further recognized with an Official Historic Texas Cemetery Marker, available for purchase through the Commission. The marker shall be placed in accordance with §21.7 of this title (relating to Application Requirements) and §21.9 of this title (relating to Application Evaluation Procedures).", "sourceNote": "Source Note: The provisions of this §22.6 adopted to be effective May 20, 2010, 35 TexReg 3809; amended to be effective September 11, 2013, 38 TexReg 5876." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7348&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7348", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "23", "label": "PUBLICATIONS" }, "rule": { "number": "§23.2", "label": "Copyright" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27483&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "27483", "queryAsDate": "03/11/2026" }, "ruleBody": "Publications copyrighted by the Texas Historical Commission can be reprinted or copied only if a written request is submitted to and approved by the executive director of the agency. Request will be granted only when the purpose of the reproduction is consistent with good principles of preservation and serves the public interest. Agency publications that are not copyrighted may be reprinted without special permission, provided proper credit is given.", "sourceNote": "Source Note: The provisions of this §23.2 adopted to be effective December 31, 1984, 9 TexReg 6315; amended to be effective June 6, 1988, 13 TexReg 2555." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=27483&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "27483", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "24", "label": "RESTRICTED CULTURAL RESOURCE INFORMATION" }, "rule": { "number": "§24.1", "label": "Object" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7353&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7353", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Historical Commission, hereafter referred to as the commission, is specifically empowered to adopt reasonable rules and regulations concerning access to Restricted Cultural Resource Information (RCRI) contained within the Texas Historic Sites Atlas (THSA) database, and the libraries, documents, maps, and files of the commission. Implementation of registration procedures for public access to and use of this restricted information is the objective of this chapter.", "sourceNote": "Source Note: The provisions of this §24.1 adopted to be effective December 6, 1998, 23 TexReg 11920." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7353&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7353", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "24", "label": "RESTRICTED CULTURAL RESOURCE INFORMATION" }, "rule": { "number": "§24.3", "label": "Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=159442&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "159442", "queryAsDate": "03/11/2026" }, "ruleBody": "The intent of these rules is to restrict access to specific cultural resource data to those individuals that have a legitimate scientific or legal interest in obtaining and using that information. The intent is not to limit the public's use of all information that the commission has within its libraries, files, documents, and the THSA database; however, as provided for in §442.007(f) of the Texas Government Code, and §191.004(a-c) of the Texas Natural Resources Code, the commission can determine what cultural resource information is sensitive and what information needs to be restricted due to potential dangers to those resources. The cultural resources that the commission considers to be at risk include archeological sites, shipwrecks, certain historic structures and engineering features. Public disclosure of any information relating to the location or character of these resources would increase their risk of harm, theft or destruction. Therefore, this information is defined as restricted and is not subject to public disclosure under state law. Restrictions on who can obtain data and how the data are used is within the legal authority of the commission, and can be defined through the rule-making authority of the commission.", "sourceNote": "Source Note: The provisions of this §24.3 adopted to be effective December 6, 1998, 23 TexReg 11920." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=159442&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "159442", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "24", "label": "RESTRICTED CULTURAL RESOURCE INFORMATION" }, "rule": { "number": "§24.5", "label": "Compliance with Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179300&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179300", "queryAsDate": "03/11/2026" }, "ruleBody": "If a registered user of RCRI fails to comply with any of the rules of the commission, or any of the terms of an RCRI Access Agreement, or fails to properly conduct database searches, or fails to act in the best interest of the state, the commission may immediately revoke the user's access and notify the user of such cancellation by electronic communication or by certified mail to the last address furnished to the commission by the user. Upon cancellation of access, the user forfeits all rights to the restricted data. Access that has been canceled could be reinstated through the process of re-application as provided for in the application process defined in §24.19 of this title (relating to Restricted Information Application Submission and Review Procedures).", "sourceNote": "Source Note: The provisions of this §24.5 adopted to be effective December 6, 1998, 23 TexReg 11920; amended to be effective November 28, 2012, 37 TexReg 9353." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179300&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179300", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "24", "label": "RESTRICTED CULTURAL RESOURCE INFORMATION" }, "rule": { "number": "§24.7", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=159444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "159444", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Access account--Confidential transaction record verifying an individual's identity and authority to access the restricted information within the THSA database.(2) Access agreement--A contract signed or otherwise accepted by all users of RCRI, which states that they agree to comply with the rules governing the use of RCRI, including the restricted data contained within the THSA database.(3) Access committee--The RCRI Access Committee. A standing committee composed of the Director of the Archeology Division, the Director of the History Programs Division, the State Marine Archeologist, and the Director of the Texas Archeological Research Laboratory of the University of Texas at Austin, or their designees, which has the authority to determine an applicant's qualification for access to restricted information, and the ability to grant or deny such access.(4) Agency--A department, commission, board, office or other federal or state governmental agency body.(5) Applicant--An individual who submits an application request for access to RCRI data sources, including the THSA database.(6) Application--The personal data submitted by an applicant being considered for access privileges to RCRI.(7) Cultural resource information--Data pertaining to cultural resources, including but not limited to site records, reports, location information, notes, photographs, and maps.(8) Atlas--The Texas Historic Sites Atlas (THSA).(9) Cultural resource--A site or place where there is physical evidence of past human activities, such as structures, shipwrecks, artifacts or alterations of the natural environment, and which is fifty or more years old.(10) Curriculum vitae--Brief account of the applicant's career and qualifications.(11) Database--Structured information and data contained in a computer file.(12) Legitimate scientific or legal interest--An interest based on specific research goals associated with professional archeological, historical, or architectural research as defined in Chapter 191 of the Texas Natural Resources Code, or ownership and management of sites classified as restricted under this title.(13) Political subdivision--A political subdivision of the State, as defined in §191.003 of the Texas Natural Resources Code.(14) RCRI--Restricted Cultural Resource Information contained within the THSA database, the libraries, files, documents and maps held by the commission.(15) RCRI user--An individual who accesses and uses restricted information contained within the THSA database or within the libraries, files, documents, and maps held by the commission.(16) Site--A cultural resource location containing physical evidence of either a prehistoric and/or historic occupation, or activity, building, or structure, whether standing, in ruin, or vanished, where the location itself maintains historical or archeological integrity regardless of the integrity of any existing structure.(17) Site location--Information concerning the location, placement, or locality of a cultural resource.(18) Site records--All data and information relating to the character, condition, and location of any archeological site or other cultural resource, and all data and information pertinent to collections of material remains. Site records include, but are not limited to, digital and hard copy images, photographs, maps, notes, drawings, site data forms, documents, sound tapes, spatial imagery and other forms of electronic data.(19) Spatial imagery--Imagery used to illustrate and indicate locations on the surface of the earth, including but not limited to geographic maps; plotting; aerial, satellite and remote sensing imagery; georeferenced images.(20) Steward--A current member of the Texas Archeological Stewardship Network.(21) Texas Historic Sites Atlas--The electronic database documenting historical and archeological sites and properties in the state of Texas, survey locational data, as well as the computer database server on which this information resides and the system that provides access to this database through the Internet.(22) THSA Coordinator--A member of the commission staff appointed by the Executive Director to have primary responsibility for operation and maintenance of THSA.", "sourceNote": "Source Note: The provisions of this §24.7 adopted to be effective December 6, 1998, 23 TexReg 11920; amended to be effective August 20, 2003, 28 TexReg 6537; amended to be effective November 28, 2012, 37 TexReg 9353; amended to be effective August 16, 2016, 41 TexReg 5996." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=159444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "159444", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "24", "label": "RESTRICTED CULTURAL RESOURCE INFORMATION" }, "rule": { "number": "§24.9", "label": "The Texas Historic Sites Atlas" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7349&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7349", "queryAsDate": "03/11/2026" }, "ruleBody": "The THSA is a database of cultural resource information administered by the commission. This database is accessible to the public via Internet. The THSA contains information on archeological sites, cemeteries, shipwrecks, historic structures, engineering features, and industrial sites, as well as digital maps of these site locations.", "sourceNote": "Source Note: The provisions of this §24.9 adopted to be effective December 6, 1998, 23 TexReg 11920; amended to be effective August 20, 2003, 28 TexReg 6537; amended to be effective November 28, 2012, 37 TexReg 9353." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7349&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7349", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "24", "label": "RESTRICTED CULTURAL RESOURCE INFORMATION" }, "rule": { "number": "§24.11", "label": "Public Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179301&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179301", "queryAsDate": "03/11/2026" }, "ruleBody": "As specified under the Texas Open Records Act, all information collected and maintained by the commission that is not specifically exempted from release by either a specific exception to the act (Texas Government Code VTCA §552.101), or by previous statute, constitutional amendment, or rule, is considered public. The vast majority of the data held by the commission is open to the public and is accessible through the commission's libraries, files, and the THSA web site without open records requests.", "sourceNote": "Source Note: The provisions of this §24.11 adopted to be effective December 6, 1998, 23 TexReg 11920." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179301&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179301", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "24", "label": "RESTRICTED CULTURAL RESOURCE INFORMATION" }, "rule": { "number": "§24.13", "label": "Restricted Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179302&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179302", "queryAsDate": "03/11/2026" }, "ruleBody": "The following categories of information are Restricted Cultural Resource Information (RCRI).(1) All archeological survey site location and site record information that contains location descriptions, coordinate data, or spatial imagery that would allow an individual to determine the location of an archeological site.(2) The address or site location of historic structures or other non-archeological cultural resources nominated for or listed in the National Register of Historic Places or registered as State Archeological Landmarks, if the owner of the property has specifically requested that such information not be distributed to the general public.(3) The site location of cemeteries determined by the commission to be at risk of harm.", "sourceNote": "Source Note: The provisions of this §24.13 adopted to be effective December 6, 1998, 23 TexReg 11920; amended to be effective November 28, 2012, 37 TexReg 9353; amended to be effective August 16, 2016, 41 TexReg 5996." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179302&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179302", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "24", "label": "RESTRICTED CULTURAL RESOURCE INFORMATION" }, "rule": { "number": "§24.15", "label": "Access to Both Public and Restricted Cultural Resource Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200400&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200400", "queryAsDate": "03/11/2026" }, "ruleBody": "All persons desiring to view or use RCRI compiled and maintained by the commission, in its libraries, files, and maps, or within the THSA database must be approved through the commission's application process as defined in §24.17 and §24.19 of this title (relating to Restricted Information Access Criteria and Application Submission and Review Procedures), and agree to abide by the rules of usage established by an RCRI Access Agreement. No access agreement document is needed for persons wishing to access public information in the THSA database or the libraries or files of the commission if restricted information is not contained within those materials. Persons wishing to view or use the RCRI data must submit an application on a form supplied by the commission, and agree to the terms of the RCRI access agreement approved for RCRI access. RCRI access is granted for up to a 4-year period and is renewable.", "sourceNote": "Source Note: The provisions of this §24.15 adopted to be effective December 6, 1998, 23 TexReg 11920; amended to be effective November 28, 2012, 37 TexReg 9353; amended to be effective August 16, 2016, 41 TexReg 5996." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200400&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200400", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "24", "label": "RESTRICTED CULTURAL RESOURCE INFORMATION" }, "rule": { "number": "§24.17", "label": "Criteria for Access to Restricted Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179304&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179304", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Qualified applicants meeting one or more of the following criteria may be granted access by the THSA Coorinator:(1) Meet the Secretary of Interior's Professional Qualifications Standards (36 CFR Part 61) for Archeology.(2) Meet the definition of professional archeologist, or principal investigator as defined by §26.4 of this title (relating to Definitions).(3) Be a current member of the Texas Archeological Stewardship Network.(b) Applications from persons not meeting the criteria set forth in subsection (a) of this section must have a clear and legitimate scientific or legal interest in being granted access to RCRI. Their applications will be reviewed by the access committee, and access will be granted or denied by the committee as specified in §24.19 of this title (relating to Restricted Information Application Submission and Review Procedures).(c) If an applicant is denied access to RCRI, the applicant may appeal that decision before the commission at one of its regularly scheduled public meetings. Appeals must be submitted in writing to the commission at least 30 days prior to a scheduled meeting of the commission.(d) Limitations on access to RCRI.(1) Firms engaged in the business of cultural resource management for profit that do not have a qualified staff archeologist do not have a legitimate scientific or legal interest and may not be granted access to RCRI.(2) Entities granted access to RCRI solely on the basis of ownership shall be granted access only to information on the sites they actually own, to the extent it is practical to limit such access. They shall not be granted statewide access to the restricted portion of the THSA.(3) Technical support personnel working with and under the supervision of a currently authorized RCRI user who has a legitimate scientific or legal interest may be granted access.(4) College students must submit a letter from a sponsoring professor, verifying their need to access the restricted data of the THSA together with the RCRI application form. If access is approved, students must work under the supervision of a currently-authorized RCRI user.", "sourceNote": "Source Note: The provisions of this §24.17 adopted to be effective December 6, 1998, 23 TexReg 11920; amended to be effective November 28, 2012, 37 TexReg 9353; amended to be effective August 16, 2016, 41 TexReg 5996; amended to be effective July 20, 2020, 45 TexReg 4966." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179304&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179304", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "24", "label": "RESTRICTED CULTURAL RESOURCE INFORMATION" }, "rule": { "number": "§24.19", "label": "Restricted Information Application Submission and Review Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "152", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application forms. All persons requesting access to RCRI must complete and submit the application form provided by the commission. This application must indicate the type of information to which access is desired, the nature of the proposed research and any special user requirements during access, the name of the person desiring access, when access is needed, and for how long. For student applications, a letter is also required from a sponsoring professor, verifying the applicants' legitimate scientific need for access.(b) Curriculum vitae. To prove his or her credentials for access, an applicant who is not a member of the Texas Archeological Stewardship Network must also submit a current curriculum vitae to the commission, if such a document is not already on file with the commission.(c) Access agreement. The applicant must also agree to the terms of the access agreement provided by the commission and submit it. A copy of the access agreement document will be kept on file at the commission.(d) Initial review by the THSA Coordinator. The THSA Coordinator reviews all applications and vitae for completeness and will notify the applicant of any additional information required.(e) Consideration of qualified application. When all required application information has been received and reviewed, the THSA Coordinator will either rule on access relative to criteria set forth in §24.17(a) of this title (relating to Criteria for Access to Restricted Information), or forward the application to the access committee. If the applicant is approved for RCRI access under §24.17(a) of this title, the THSA Coordinator will notify the applicant of this approval within 10 working days. The access committee will review all applications requiring further consideration for qualification within 20 working days of receipt under §24.17(b) of this title, and the THSA Coordinator will notify the applicant of the committee's decision.(f) Denial of application. If an application is denied, the THSA Coordinator will notify the applicant in writing or through electronic submission of the reasons for denial. Any appeals of these decisions must be made before the commission at one of its regularly scheduled public meetings.(g) Registration of approved applicant. The THSA Coordinator will register the applicant as an RCRI user, and a notice documenting registration will be forwarded to the registered RCRI user. The commission will also supply the applicant with a THSA Access Account, which will enable the applicant to access the restricted portion of the THSA database.(h) The commission may conduct an investigation to verify any information submitted on an application.(i) False information. If the access committee determines that an applicant provided false information on an application, the committee will take the following actions.(1) Recommend denial of the application.(2) Notify the applicant of the information considered to be false and give the applicant a reasonable period of time, not to exceed 30 days, to respond.(3) If, upon examination of the applicant's response, or failure to respond, the access committee determines that false information was knowingly provided on the application, the access committee may recommend to the commission that the applicant be denied access to RCRI for a period not to exceed two years.(4) The commission may consider and act on this recommendation at any regular or called meeting of the commission. The applicant will be given notice of at least seven days of the intent to consider the application at the meeting.(j) Special provision for access to the THC Library or RCRI data. Temporary access to the archeological materials in the THC Library or information in the RCRI may be granted to persons qualified under either §24.17(a) or (b) of this title by a THC staff archeologist. Such authorization must be signed by the THC staff member and a copy kept on file at the commission.", "sourceNote": "Source Note: The provisions of this §24.19 adopted to be effective December 6, 1998, 23 TexReg 11920; amended to be effective August 20, 2003, 28 TexReg 6537; amended to be effective November 28, 2012, 37 TexReg 9353; amended to be effective August 16, 2016, 41 TexReg 5996." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "152", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "24", "label": "RESTRICTED CULTURAL RESOURCE INFORMATION" }, "rule": { "number": "§24.21", "label": "Memoranda of Understanding and/or Agreement for RCRI Access" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=159441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "159441", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission may enter into memoranda of understanding or agreement with state or federal agencies, political subdivisions of the state, private institutions, and/or individuals for the purpose of establishing RCRI access arrangements.", "sourceNote": "Source Note: The provisions of this §24.21 adopted to be effective December 6, 1998, 23 TexReg 11920." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=159441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "159441", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "24", "label": "RESTRICTED CULTURAL RESOURCE INFORMATION" }, "rule": { "number": "§24.23", "label": "Access Committee Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187060&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187060", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Access committee. The affirmative vote of a simple majority of the committee members is necessary for any action to be taken. No absence in the membership of the access committee shall impair the ability of the committee to exercise all rights and perform all duties.(b) Committee meeting schedule. Meetings of the committee are held at the call of the THSA Coordinator, or whenever requested by one of the members. The committee may deliberate over applications by e-mail or other appropriate communications media.(c) Conflict of interest provision for committee members. Any committee member who has, will have, or later acquires an interest, direct or indirect, in any transaction involving an application scheduled to be reviewed by the committee, or approved by the committee, shall immediately disclose the nature and extent of such interest in writing to the THSA Coordinator as soon as he or she has knowledge of such actual or prospective interest. Upon such disclosure, this member shall not participate in any deliberations or actions by the committee that directly or indirectly affects that transaction or interest.(d) In the event of a tie vote, the THSA Coordinator will cast the deciding vote.", "sourceNote": "Source Note: The provisions of this §24.23 adopted to be effective December 6, 1998, 23 TexReg 11920; amended to be effective August 20, 2003, 28 TexReg 6537; amended to be effective November 28, 2012, 37 TexReg 9353." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187060&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187060", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "25", "label": "STATE ARCHEOLOGICAL PROGRAM" }, "rule": { "number": "§25.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161875", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Abandoned cemetery--A non-perpetual care cemetery containing one or more graves and possessing cemetery elements for which no cemetery organization exists and which is not otherwise maintained by any caretakers. It may or may not be recorded in the deed records of the county in which it lies.(2) Antiquities--The tangible artifacts and objects of the past that relate to human life and culture.(3) Archeological investigation--Any research activity applied to archeological sites and the material remains in or removed from such sites, including survey, excavation, documentation, conservation, mapping, and analysis.(4) Archeological preservation--The protection and conservation of the archeological and heritage of Texas.(5) Archeological site--Any land or marine-based place that contains material remains of past human life or activities in their original or historical context that are at least 50 years of age or a place that has been determined by the commission to be of transcendent historical or cultural significance.(6) Archeology division--A division of the commission that includes the office of the state archeologist.(7) Artifact--A tangible object that relates to human life and culture of the past. Examples include, but are not limited to items constructed, altered, created, or used by humans. Paleontological remains and geological specimens are not included unless occurring in or related to an archeological context.(8) Avocational archeologist--Any individual with demonstrated training, skill and/or experience in archeological investigation who is not a professional archeologist.(9) Burials and burial pits--Marked and unmarked locales of a human burial or burials. Burials and burial pits may contain the remains of one or more individuals located in a common grave in a locale. The site area may contain gravestones, markers, containers, coverings, garments, vessels, tools, and other grave objects or could be evidenced by the presence of depressions, pit feature stains, or other archeological evidence.(10) Cemetery--A place that is used or intended to be used for interment, and includes a graveyard, burial park, unknown cemetery, abandoned cemetery, mausoleum, or any other area containing one or more graves or unidentified graves.(11) Conservation easement--A nonpossessory interest in real property that imposes limitations or affirmative obligations on the person holding the possessory or fee interest, as defined and authorized in Texas Natural Resources Code Chapter 183.(12) Curatorial facility--A museum or repository that holds and maintains archeological collections.(13) Historic preservation--The protection and conservation of the archeological and historical heritage of Texas.(14) Historic resource--Any site, complex, building or structural remains of historical or archeological interest and its contents. Examples include, but are not limited to, prehistoric habitation sites, mounds, open campsites and rock shelters; mines, quarry areas and lithic procurement areas; game procurement and processing sites; petroglyph and pictograph sites; historic shipwrecks; remnants of historic buildings and structures; cemeteries; dumps and trash heaps; and military sites. Only resources at least 50 years old, or which have been determined by the state archeologist to be of transcendent historic importance, are considered historical resources within the meaning of this chapter.(15) History (historic, historical)--The recording and study of past cultures, events, or resources created in the past and includes prehistory, relating to events occurring prior to written history.(16) Human remains--The body of a decedent.(17) Interment--The intended permanent disposition of human remains by entombment, burial or placement in a niche.(18) Inventory of sites--Any form of tabulating, collecting, and holding archeological site records, and all activities which maintain that inventory, including restricted data contained within the Texas Historic Sites Atlas electronic database.(19) Professional archeologist--An archeologist certified by the Register of Professional Archeologists (RPA) for the level of required investigation; anyone determined a professional archeologist by the state archeologist, according to the criteria of the RPA; or anyone meeting required qualifications and standards detailed in pertinent state rules (§26.4 of this title) or federal requirements specified in the Secretary of Interior's Professional Qualifications Standards (36 CFR Part 61, Appendix A) for archeological investigations.(20) Site records--All data and information relating to the character, condition, and location of any archeological site or other historic resource and all data and information pertinent to collections of material remains. Site records include, but are not limited to, artifact catalogues, photographs, digital imagery, maps, spatial imagery, notes, drawings, site data forms, TexSite electronic forms, documents, audio data, and electronic data.(21) State archeologist--The position authorized by Texas Government Code §442.007, responsible for the administration of the state archeological program.(22) Steward--A current member of the Texas Archeological Stewardship Network.(23) Texas Archeological Stewardship Network or TASN--A volunteer program administered by the commission. The TASN is composed of volunteer avocational archeologists selected for their demonstrated skills, experience and abilities to assist the commission with archeological investigations, research, preservation efforts, training, and public outreach endeavors.(24) TexSite form--The standardized electronic form for recording archeological site information as developed by the commission and Texas Archeological Research Laboratory of The University of Texas.(25) Unknown cemetery--An abandoned cemetery evidenced by the presence of marked or unmarked graves that does not appear on a map or in deed records.(26) Unverified cemetery--A location having some evidence of human burial interments, but in which the presence of one or more unmarked graves has not been verified by a person described by §711.0105(a) of the Health and Safety Code of Texas or by the commission.(27) Unidentified grave--A grave that is not marked in a manner that provides the identity of the interment.(28) Verified cemetery--The location of a human burial interment or interments as verified by the commission.", "sourceNote": "Source Note: The provisions of this §25.1 adopted to be effective May 20, 2013, 38 TexReg 2977; amended to be effective December 31, 2017, 42 TexReg 7382." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161875&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161875", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "25", "label": "STATE ARCHEOLOGICAL PROGRAM" }, "rule": { "number": "§25.2", "label": "Determination of Significance" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161876", "queryAsDate": "03/11/2026" }, "ruleBody": "A determination of significance is used by the Archeology Division to help decide which archeological sites are most worthy of recording, investigation, preservation, and other treatment. Considered in a determination of significance are the following:(1) listing in the National Register of Historic Places;(2) designation as a state antiquities landmark;(3) qualification, as determined by the commission, as an eligible property under the criteria for inclusion in the National Register of Historic Places or for designation as a state antiquities landmark;(4) marking by an official Texas historical marker of any type, including centennial markers;(5) determination by the state archeologist or the commission that the site or resource is capable of yielding information important to the understanding of history; and(6) an age of at least 50 years, unless younger and determined by the state archeologist or the commission to be of transcendent historical or cultural importance.", "sourceNote": "Source Note: The provisions of this §25.2 adopted to be effective May 20, 2013, 38 TexReg 2977." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161876&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161876", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "25", "label": "STATE ARCHEOLOGICAL PROGRAM" }, "rule": { "number": "§25.3", "label": "Site Investigations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161877", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Decisions. The choice to investigate a site or other historic resource is made by the state archeologist in consideration of the following:(1) the nature and immediacy of any threat to the site or resource; and(2) the site's significance as defined in §25.2 of this title (relating to Determination of Significance).(3) These decisions pertain to archeological sites on land. Decisions to investigate submerged sites such as historic shipwrecks will be governed by Chapter 28 of this title (relating to Historic Shipwrecks).(b) Appointment of avocational assistant. The state archeologist may appoint avocational archeologists, such as stewards, to investigate or inventory historic resources threatened by immediate harm or to aid in mitigating the effect of damage. The appointed avocational archeologist(s) will work under the direction of the state archeologist. Such appointments do not supersede requirements specified in the Antiquities Code of Texas (Texas Natural Resources Code Chapter 191) or associated rules (Chapter 26 of this title) or any pertinent federal statutes and regulations.", "sourceNote": "Source Note: The provisions of this §25.3 adopted to be effective May 20, 2013, 38 TexReg 2977." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161877&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161877", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "25", "label": "STATE ARCHEOLOGICAL PROGRAM" }, "rule": { "number": "§25.4", "label": "Consultation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161878", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Any individual, institution, organization, agency, or corporation may direct inquiries to the state archeologist and request consultation relating to prehistoric and historic archeology and related matters. All inquiries will be answered or referred to another appropriate agency or organization.(b) Consultations involving archeological investigation are carried on in accordance with the criteria of §25.3 of this title (relating to Site Investigations) and any pertinent state or federal statutes, rules and regulations.", "sourceNote": "Source Note: The provisions of this §25.4 adopted to be effective May 20, 2013, 38 TexReg 2977." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161878&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161878", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "25", "label": "STATE ARCHEOLOGICAL PROGRAM" }, "rule": { "number": "§25.5", "label": "Inventory of Archeological Sites" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161879&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161879", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A continuing inventory of nonrenewable archeological resources is maintained and includes data pertinent to archeological sites in Texas. Information from other sources is included.(b) Request for access. Any person who desires access to the statewide inventory shall make their request in accordance with the rules set forth in Chapter 24 of this title (relating to Restricted Cultural Resource Information).(c) Withholding information. Any specific information in the inventory of sites may be withheld from publication or from the public if the state archeologist deems that disclosure would be likely to result in harm to the resources. Information that may be withheld includes, but is not limited to, site records, locational information, notes, photographs, maps, spatial imagery, reports, and electronic data, including Restricted Cultural Resource Information contained within the Texas Historic Sites Atlas, as defined in §24.7 of this title (relating to Definitions).(d) Conditions. Determinations to withhold information will be made by the state archeologist on the facts of each request for information and are based on the following conditions:(1) ownership of the resource, where disclosure of information may lead to infringement of the legal rights of private landowners;(2) significance of the resource, in that significance reflects the magnitude of potential loss caused by damage to the resource;(3) quality and amount of evaluative data available for the resource, in that insufficient data can impede an accurate determination of the character and significance of the resource;(4) location of the resource in relation to other nearby and/or related resources, in that withholding of site location and/or data may help protect other resources;(5) existing protective measures in place at the resource, such as state antiquities landmark designation, conservation easement, and/or maintenance as a historic site, park or other facility with on-site supervisory personnel; and(6) previous and widespread general knowledge of the location and character of a resource, in that information relating to well-known landmarks, historic sites, and/or other public resources will not arbitrarily be withheld.", "sourceNote": "Source Note: The provisions of this §25.5 adopted to be effective May 20, 2013, 38 TexReg 2977." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161879&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161879", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "25", "label": "STATE ARCHEOLOGICAL PROGRAM" }, "rule": { "number": "§25.6", "label": "Collections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161880", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Maintenance. The commission will do the following:(1) maintain collections recovered by the archeology division for the period of time required for their processing, analysis, and adequate reporting;(2) maintain collections on loan to the archeology division for the period of time required for their processing, analysis, and adequate reporting and return or place such collections according to the terms of the loan agreement entered into with the collection owner;(3) maintain on a temporary basis, collections recovered by other organizations or individuals from archeological sites in Texas that the archeology division agrees to accept for placement in an appropriate curatorial facility;(4) refer to curatorial facilities all other requests from individuals, institutions, organizations, and agencies for collections placement; and(5) maintain on a permanent basis only those collections falling within its responsibilities, for which no permanent repository can be found, and/or for comparative analysis.(b) Curatorial facilities. In seeking curatorial facilities for collections held in temporary custody, the archeology division will observe the following procedures.(1) All collections transferred by this office to a curatorial facility will include copies of all pertinent site records.(2) Curatorial facilities will be identified by this office according to the criteria of existing state and federal standards for curation.(3) For state held-in-trust collections, placement will be in accordance with the requirements specified in Chapter 29 of this title (relating to Management and Care of Artifacts and Collections).(4) For collections that do not meet the state held-in-trust criteria, preference will be given in accordance with the following criteria:(A) curatorial facilities that are in the region from which the collections were recovered;(B) curatorial facilities that maintain procedures for access to collections and site records that prevent disclosure of information harmful to the resources involved;(C) curatorial facilities that facilitate scientific, archeological research;(D) curatorial facilities that observe state and/or federal standards for curation; and(E) repositories in the State of Texas.(5) Transfer of collections to curatorial facilities will be made under the terms of a written agreement between the facility and the commission. The agreement will include an inventory of transferred items, and its terms will be guided by the pertinent state or federal standards for curation. The agreement will provide that, should a repository fail to maintain the integrity of collections provided by the commission, or to protect them adequately, the repository will notify the commission so that other arrangements can be made for the collections.(6) Pertinent data concerning collections, related site records, and the sites of resources from which the collections were made may be retained in the commission's inventory of archeological resources, and no transfer agreement will be made that prohibits the commission from retaining data and information.(c) Human skeletal remains.(1) This office will not publicly exhibit human skeletal remains recovered from archeological sites, and it will discourage the public exhibition of human skeletal remains recovered from archeological sites by others.(2) Human skeletal remains and associated artifacts will be handled in a manner that complies with applicable state and federal laws, rules and regulations.(d) Artifact identification. This office will not assist in the identification of unprovenienced artifacts.(e) Appraisals. This office will not appraise collections or artifacts for private citizens, corporations, or organizations or retain an appraiser for or refer an appraiser to the private citizen, corporation or organization. THC personnel may evaluate state-associated collections for in-house purposes. Donors requiring appraisals for income tax purposes must obtain an appraisal at their own expense from an appraiser of their choice prior to donation. In-house evaluation of state-associated collections or artifacts retained at the commission's facilities for insurance purposes, traveling exhibits or activities within the professional community are professional assessments and not appraisals. In-house evaluations are the responsibility of the agency.", "sourceNote": "Source Note: The provisions of this §25.6 adopted to be effective May 20, 2013, 38 TexReg 2977." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161880&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161880", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "25", "label": "STATE ARCHEOLOGICAL PROGRAM" }, "rule": { "number": "§25.7", "label": "Protection of Archeological Sites" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161881&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161881", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of this section is to preserve archeological sites through the implementation of preservation designations, conservation easements, or through the acquisition of real property by donation or purchase.(b) Assessment and selection. Selection of sites for protection is made by the archeology division on the basis of an assessment of site significance and integrity as stated in §25.2 of this title (relating to Determination of Significance). Priority is given to significant sites that are threatened with damage or destruction. Assessment and selection of sites for protection may be made in cooperation with individuals, institutions, non-profit organizations, corporations, and/or state or federal agencies.(c) Factors influencing selections include the following:(1) potential to contribute to a better understanding of Texas history;(2) importance of the site within the context of a regional culture area; and(3) public education and interpretation potential of the site(s).(d) For proposed donations and purchases, assessments and recommendations may also take fiscal implications and other pertinent information into account.(e) Protection procedures. The following procedures will be followed:(1) All protective measures for sites on privately owned land will be undertaken only with the full and voluntary cooperation of the owner(s).(2) The owner(s) will be informed of the archeological significance of the sites located on their property and of the various options available to ensure long-term preservation.(3) The alternatives for long-term preservation include, but are not limited to, the following:(A) donation of the property to the state or to a suitable nonprofit organization;(B) purchase of the property by the state or a suitable nonprofit organization;(C) assignment of a conservation easement (Conservation Easement Act, Texas Natural Resources Code, Chapter 183) by owner(s) to the state or qualified nonprofit organization;(D) designation of the property as a state antiquities landmark; and(E) nomination of the property to the National Register of Historic Places.(4) Where an archeological site or property containing one or more archeological sites is acquired for the state through donation or purchase by the commission, the following conditions shall apply.(A) The donation will be unconditional and will reflect full ownership by the state.(B) The donation may consist of surface rights only. Mineral rights in such instances will be retained by the landowner with the stipulation that all contained archeological deposits will be protected against any form of land-altering mineral exploration and development. In the case of donations that include mineral rights, such rights will be managed by the General Land Office of Texas.(C) THC commissioners will consider proposals for donation or purchase and vote to either accept or decline the property acquisition.(D) The property to be acquired will be limited to those areas containing archeological deposits; any immediately adjacent or contained natural features having direct relevance to human occupation of the site, such as springs, bedrock exposures, or flint outcrops; and to access corridors.(E) The commission may provide for legal survey, legal description, and deed recording of the acquired property.(F) The commission will supply documentation to the landowner or other entity as required to facilitate available benefits.(5) These conditions do not apply to the acquisition of property through donation or purchase to a commission historic site, actions which are governed by the requirements set out in Chapter 16 of this title for commission historic sites.(f) The commission will initiate measures, including the following, to provide for the long-term protection of archeological sites. Measures may include but are not limited to:(1) appointment of a local professional archeologist, steward, or other avocational archeologist to examine the property at regular intervals and to report any acts of vandalism or other damaging activity;(2) notification of local law-enforcement officials of the property's protected status to encourage enforcement of applicable laws; and(3) placement of permanent signs or markers, if the placement of such signs or markers does not constitute a threat of harm to the resource.", "sourceNote": "Source Note: The provisions of this §25.7 adopted to be effective May 20, 2013, 38 TexReg 2977." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161881&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161881", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "25", "label": "STATE ARCHEOLOGICAL PROGRAM" }, "rule": { "number": "§25.8", "label": "Investigations at Protected Archeological Sites" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187061&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187061", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Investigations at protected sites will be subject to the requirements of applicable state and/or federal laws, rules and regulations and will be conducted under the direction of qualified professional archeologists.(b) All proposals for archeological investigations at acquired sites will include a detailed scope of work that will be considered for approval by the archeology division.", "sourceNote": "Source Note: The provisions of this §25.8 adopted to be effective May 20, 2013, 38 TexReg 2977." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187061&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187061", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "25", "label": "STATE ARCHEOLOGICAL PROGRAM" }, "rule": { "number": "§25.9", "label": "Discovery and Evaluation of Unverified Cemeteries" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187064&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187064", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Discovery of Unverified Cemeteries. Section 711.0111 of the Health and Safety Code of Texas requires that any person that discovers an unverified cemetery shall file a notice and evidence of the discovery with the commission on a form provided by the commission. Section 711.0111 also requires that any person that discovers an unverified cemetery shall concurrently provide a copy of the notice of the filing with the landowner on record in the county appraisal district on whose land the unverified cemetery is located. The commission shall evaluate the notice and the evidence submitted with the notice, and consider the response of the landowner, if any is received not later than the 30th day after notice, and shall determine whether there is sufficient evidence to support the claim of the existence of a cemetery. If the commission determines that sufficient evidence supports the existence of a cemetery, the commission shall notify the landowner and may file notice of the existence of the cemetery under §711.011 of the Health and Safety Code. If a notice of existence has already been filed under §711.011 and the commission has determined that there is not sufficient evidence of a cemetery the commission shall notify the landowner of its determination, amend the notice to include the commission's determination, and file the amendment with the county clerk to correct the dedication.(b) Criteria for Evaluating and Verifying Cemeteries. The commission shall use one or more of the following criteria when assessing the verification of the existence of a cemetery:(1) the location contains interment(s) that is/are confirmed through assessments or investigations consented by the landowner and performed by a professional archeologist or other individuals as defined by §711.0105(a) of the Health and Safety Code of Texas;(2) the location contains human burial caskets or other containers or vessels that contain human remains or are contextually known to have been used to inter human remains;(3) the location contains articulated human remains that were deliberately interred; or(4) the location contains a burial pit or burial pit features.", "sourceNote": "Source Note: The provisions of this §25.9 adopted to be effective December 31, 2017, 42 TexReg 7382." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187064&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187064", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§26.1", "label": "Object" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187065", "queryAsDate": "03/11/2026" }, "ruleBody": "As authorized in Title 9, Chapter 191 (§191.052), of the Texas Natural Resources Code, otherwise known as the Antiquities Code of Texas, and Title 4, Subtitle D, Chapter 442 (§442.005(q) and §442.017) of the Texas Government Code, the Texas Historical Commission, hereafter referred to as the commission, is specifically empowered to adopt rules and conditions related to the administration and enforcement of the Antiquities Code of Texas and provisions within Chapter 442 of the Government Code and Chapter 711 of the Health and Safety Code.", "sourceNote": "Source Note: The provisions of this §26.1 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective December 31, 2017, 42 TexReg 7383." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187065&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187065", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§26.2", "label": "Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205047&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205047", "queryAsDate": "03/11/2026" }, "ruleBody": "For purposes of implementing the Antiquities Code of Texas, the commission is the statutorily created body responsible for protecting and preserving State Antiquities Landmarks (landmarks) under the Texas Natural Resources Code, Title 9, Chapter 191.(1) Section 191.092 of the Texas Natural Resources Code declares that it is the public policy and in the public interest of the State of Texas to locate, protect, and preserve landmarks, including sites, objects, buildings, structures and historic shipwrecks, and locations of historical, archeological, educational, or scientific interest including, but not limited to, prehistoric American Indian or aboriginal campsites, dwellings, and habitation sites, aboriginal paintings, petroglyphs, and other marks or carvings on rock or elsewhere which pertain to early American Indian or other archeological sites of every character, treasure imbedded in the earth, sunken or abandoned ships and wrecks of the sea or any part of their contents, maps, records, documents, books, artifacts, and implements of culture in any way related to the inhabitants, prehistory, history, government, or culture in, on, or under any of the lands of the State of Texas, including the tidelands, submerged land, and the bed of the sea within the jurisdiction of the State of Texas.(2) Section 191.093 of the Texas Natural Resources Code states that all landmarks are afforded some level of consideration prior to being affected by a proposed project.(3) Section 191.0525 of the Texas Natural Resources Code requires that notice be provided to the commission before breaking ground at a project location on state or local public land. This step ensures that project effects on landmarks, whether or not they have currently been identified, are appropriately considered. Upon notification, the commission will determine if the project affects a landmark or whether the project area warrants a survey to identify potential landmarks. Section 26.7 of this title (relating to Location and Discovery of Cultural Resources and Landmarks) describes the notification requirements and review process.(4) Section 191.091 and §191.092 of the Texas Natural Resources Code provide that archeological sites and historic buildings and structures on lands belonging to state agencies or political subdivisions of the State of Texas are landmarks or may be eligible to be designated as landmarks. Landmark designation may be initiated by the public agency, the commission, or a third party. Section 191.094 of the Texas Natural Resources Code allows for the designation of landmarks on private property. Section 26.8 and §26.9 of this title describe the designation procedures for landmarks.(5) Section 191.054 and §191.055 of the Texas Natural Resources Code state that the commission oversees investigations or project work though a permitting process. The commission uses permits to establish the terms under which work may proceed. Subchapters C and D of this chapter describe the permitting process for archeological permits and historic buildings and structures permits, respectively.(6) Documents referenced in this chapter, including landmark nomination and permit application forms, are available on the commission website at www.thc.texas.gov or by contacting the commission.", "sourceNote": "Source Note: The provisions of this §26.2 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective December 31, 2017, 42 TexReg 7383." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205047&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205047", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§26.3", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161947", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. These definitions also clarify the interpretation of terms and phrases used in the Antiquities Code of Texas but not defined therein(1) Accession--The formal acceptance of a collection and its recording into the holdings of a curatorial facility and generally includes a transfer of title. For held-in-trust collections, stewardship but not title is transferred to the curatorial facility.(2) Antiquities Advisory Board--A ten-member board that advises the commission in reviewing matters related to the Antiquities Code of Texas.(3) Antiquities Permit or Permit--Authorization for work on a designated or potential State Antiquities Landmark, or survey investigations to determine if cultural resources are present. Permit types include Archeological Permits (§26.15 of this title) and Historic Buildings and Structures Permits (§26.22 of this title).(4) Applicant--Relative to an Antiquities Permit, an applicant is the controlling agency, organization, or political subdivision having administrative control over a publicly owned landmark or the owner of a privately owned landmark. Applicant may also refer to an individual or private group that desires to nominate a building or site for landmark designation.(5) Archeological site--Any land or marine-based place containing evidence of prehistoric or historic human activity, including but not limited to the following:(A) Habitation sites. Habitation sites are areas or structures where people live or have lived on a permanent or temporary basis.(B) Native American open campsites which were occupied on a temporary, seasonal, or intermittent basis.(C) Rock shelters, in general, are a special kind of campsite. These sites are located in caves or under rock overhangs and have been occupied either: temporarily, seasonally, or intermittently.(D) Non-Native American campsites are the cultural remains of activities by people who are not Native American.(E) Residence sites are those where routine daily activities were carried out and which were intended for year-round use.(F) Non-Native American sites may include, in addition to the main structure, outbuildings, water systems, trash dumps, garden areas, driveways, and other remains that were an integral part of the site when it was inhabited.(G) Non-habitation sites. Non-habitation sites result from use during specialized activities and may include standing structures.(i) Rock art and graffiti sites consist of symbols or representations that have been painted, ground, carved, sculpted, scratched, or pecked on or into the surface of rocks, wood, or metal, including but not limited to Native American pictographs and petroglyphs, historical graffiti and inscriptions.(ii) Mines, quarry areas, and lithic procurement sites are those from which raw materials such as flint, clay, coal, minerals, or other materials were collected or mined for future use.(iii) Game procurement and processing sites are areas where game was killed or butchered for food or hides.(iv) Fortifications, battlefields, training grounds and skirmish sites including fortifications of the historic period and the central areas of encounters between opposing forces, whether a major battleground or areas of small skirmishes.(v) Cache--A collection of artifacts that are deliberately hidden for future use. Caches are often discovered in burials or in caves and usually consist of ceremonial and ritual objects, functional objects or emergency food supplies.(6) Archeological Survey Standards for Texas--Minimum survey standards developed by the commission in consultation with the Council of Texas Archeologists.(7) Artifacts--The tangible objects of the past that relate to human life and culture. Examples include, but are not limited to projectile points, tools, documents, art forms, and technologies.(8) Board--The Antiquities Advisory Board.(9) Building--A structure created to shelter any form of human activity, such as a courthouse, city hall, church, hotel, house, barn, or similar structure. Building may refer to a historically related complex such as a courthouse and jail or a house and barn.(10) Burials and burial pits--Marked and unmarked locales of a human burial or burials. Burials and burial pits may contain the remains of one or more individuals located in a common grave in a locale. The site area may contain gravestones, markers, containers, coverings, garments, vessels, tools, and other grave objects or could be evidenced by the presence of depressions, pit feature stains, or other archeological evidence.(11) Cemetery--A place that is used or intended to be used for interment, and includes a graveyard, burial park, unknown cemetery, abandoned cemetery, mausoleum, or any other area containing one or more graves or unidentified graves.(A) Abandoned cemetery--A non-perpetual care cemetery containing one or more graves and possessing cemetery elements for which no cemetery organization exists and which is not otherwise maintained by any caretakers. It may or may not be recorded in the deed records of the county in which it lies.(B) Unidentified grave--A grave that is not marked in a manner that provides the identity of the interment.(C) Unknown cemetery--An abandoned cemetery evidenced by the presence of marked or unmarked graves that does not appear on a map or in deed records.(12) Commission--The Texas Historical Commission and its staff.(13) Committee, or Antiquities Committee, or Texas Antiquities Committee--As redefined by the 74th Texas Legislature within §191.003 of the Texas Natural Resources Code, committee means the commission and/or staff members of the commission.(14) Conservation--Scientific laboratory processes for cleaning, stabilizing, restoring, preserving artifacts, and the preservation of buildings, sites, structures and objects.(15) Council of Texas Archeologists--A non-profit voluntary organization that promotes the goals of professional archeology in the State of Texas.(16) Council of Texas Archeologists Guidelines--Professional and ethical standards which provide a code of self-regulation for archeological professionals in Texas with regard to field methods, reporting, and curation.(17) Cultural landscape--A geographic area, associated with a historic event, activity, or person or exhibiting other cultural or aesthetic values. Cultural landscapes include historic sites, historic designed landscapes, and historic vernacular landscapes, as further described in the National Park Service's Preservation Brief 36: Protecting Cultural Landscapes.(18) Cultural resource--Any building, site, structure, object, artifact, historic shipwreck, landscape, location of historical, archeological, educational, or scientific interest, including, but not limited to, prehistoric and historic Native American or aboriginal campsites, dwellings, and habitation sites, archeological sites of every character, treasure embedded in the earth, sunken or abandoned ships and wrecks of the sea or any part of the contents thereof, maps, records, documents, books, artifacts, and implements of culture in any way related to the inhabitants' prehistory, history, government, or culture. Examples of cultural resources include Native American mounds and campgrounds, aboriginal lithic resource areas, early industrial and engineering sites, rock art, early cottage and craft industry sites, bison kill sites, cemeteries, battlegrounds, all manner of historic buildings and structures, local historical records, cultural landscapes, etc.(19) Curatorial facility--A museum or repository.(20) Default--Failure to fulfill all conditions of a permit or contract, issued or granted to permittee(s), sponsors, and principal investigator or investigative firm, before the permit has expired.(21) Defaulted permit--A permit that has expired without all permit terms and conditions having been met before the permit expiration date.(22) Designated historic district--An area of archeological, architectural, or historical significance that is listed in the National Register of Historic Places, either individually or as a historic district; designated as a landmark, or nominated for designation as a landmark; or identified by State agencies or political subdivisions of the State as a historically sensitive site, district, or area. This includes historical designation by local landmark commissions, boards, or other public authorities, or through local preservation ordinances.(23) Destructive analysis--Destroying all or a portion of an object or sample to gain specialized information. For purposes of this chapter, it does not include analysis of objects or samples prior to their being accessioned by a curatorial facility.(24) Discovery--The act of locating, recording, and reporting a cultural resource.(25) Disposal--The discard of an object or sample after being recovered and prior to accession, or after deaccession.(26) District--A significant concentration, linkage, or continuity of sites, buildings, structures, or objects unified historically or aesthetically by plan or physical development. See also \"designated historic district.\"(27) Eligible--Archeological sites or other historic properties that meet the criteria set forth in §§26.10 - 26.12 and §26.19 of these titles (relating to Criteria for Evaluating Archeological Sites and Verifying Cemeteries, Criteria for Shipwrecks, Criteria for Evaluating Caches and Collections, and Criteria for Evaluating Historical Buildings and Structures, respectively) are eligible for official landmark designation.(28) Exhumation--The excavation of human burials or cemeteries and its associated funerary objects by a professional archeologist, or principal investigator.(29) Groundbreaking--Construction or earth moving activities that disturb lands owned or controlled by state agencies or political subdivisions of the state.(30) Held-in-trust collection--Those state-associated collections under the authority of the commission that are placed in a curatorial facility for care and management; stewardship is transferred to that curatorial facility but not ownership.(31) Historic buildings and structures permit--Historic buildings and structures permits are those issued for work to buildings, structures, cultural landscapes, and non-archeological sites, objects, and districts designated or nominated for designation as landmarks.(32) Historic property--A district, site, building, structure or object significant in American history, architecture, engineering, archeology or culture.(33) Historic time period--For the purposes of landmark designation, this time period is defined as extending from A.D. 1500 to 50 years before the present.(34) Human remains--The body of a decedent.(35) Integrity--The authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period, including the property's location, design, setting, materials, workmanship, feeling, and association.(36) Interment--The intended permanent disposition of human remains by entombment, burial, or placement in a niche.(37) Investigation--Archeological or architectural activity including, but not limited to: reconnaissance or intensive survey, testing, exhumation, or data recovery; underwater archeological survey, test excavation, or data recovery excavations; monitoring; measured drawings; or photographic documentation.(38) Investigative firm--A company or scientific institution that has full-time experienced research personnel capable of handling investigations and employs a principal investigator, and/or project architect, or other project professional as applicable under \"professional personnel\" in paragraph (52) of this section. The company or institution holds equal responsibilities with the professional personnel to complete requirements under an Antiquities Permit.(39) Land-owning or controlling agency--Any state agency or political subdivision of the state that owns or controls the land(s) in question.(40) Landmark--A State Antiquities Landmark.(41) Marker--An informational aluminum sign erected by or with the permission of the Texas Historical Commission.(42) Mitigation--The amelioration of the potential total or partial loss of significant cultural resources. For example, mitigation for removal of a deteriorated historic building feature might include photographs and drawings of the feature, and installing a replacement that matches the original in form, material, color, etc. Mitigation for the loss of an archeological site might be accomplished through data recovery actions, to preserve or recover an appropriate amount of data by application of current professional techniques and procedures, as defined in the permit's scope of work.(43) Monument--Includes features planted, built, or installed that commemorate or designate the importance of an event, person, or place, which may or may not be located at the site(s) they commemorate, such as stone or metal monuments and statuary as well as trees, shrubs, designed landscapes, and other plantings located on public grounds such as courthouse squares and parks. Aluminum markers erected by or with the permission of the commission are not included in this definition(44) National Register of Historic Places--A register of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, and culture maintained by the United States Secretary of the Interior. Information concerning the National Register of Historic Places is available through the commission or from the National Park Service at www.nps.gov/nr.(45) Object--The term \"object\" can refer to artifacts or is a type of structure that is primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment. Examples of objects include artifacts, monuments, markers, and sculpture.(46) Permit application offense--Failure to properly apply for a permit and/or receive authorization for an emergency permit by the commission, prior to the actual performance of an archeological investigation or other project work.(47) Permit censuring--A restriction in the ability of a principal investigator or other professional personnel and/or an investigative firm or other professional firm to be issued a permit under the auspices of the Antiquities Code of Texas.(48) Permittee--The landowning or controlling individual or, public agency and/or a project sponsor that is issued an Antiquities Permit for an archeological investigation or other project work.(49) Political subdivision--A unit of local government created and operating under the laws of this state, including a city, county, school district, or special district created under the Texas Constitution.(50) Prehistoric time period--For the purpose of landmark designation, a time period that encompasses a great length of time beginning when humans first entered the New World and ending with the arrival of the Spanish Europeans, which has been approximated for purposes of these guidelines at A.D. 1500.(51) Professional firm--A company or scientific institution that has professional personnel who meet the required qualifications for specific types of work. The company or institution holds equal responsibilities with the professional personnel to complete requirements under an Antiquities Permit.(52) Professional personnel--Trained specialists who meet the professional qualifications standards in §26.4 of this title (relating to Professional Qualifications and Requirements) and are required to perform archeological and architectural investigations and project work.(53) Project--Activity on a cultural resource including, but not limited to: investigation, survey, testing, excavation, restoration, demolition, scientific or educational study.(54) Project sponsor--A public agency, individual, institution, investigative firm or other professional firm, organization, corporation, contractor, and/or company paying costs of archeological investigation or other project work, or that sponsors, funds, or otherwise functions as a party under a permit.(55) Public agency--Any state agency or political subdivision of the state.(56) Public lands--Non-federal, public lands that are owned or controlled by the State of Texas or any of its political subdivisions, including the tidelands, submerged land, and the bed of the sea within the jurisdiction of the State of Texas.(57) Recorded archeological site--Sites that are recorded, listed, or registered with an institution, agency, or university, such as the Texas Archeological Research Laboratory of the University of Texas at Austin.(58) Register of professional archeologists--A voluntary national professional organization of archeologists which registers qualified archeologists.(59) Research design--A written theoretical approach and a plan for implementing fieldwork that also explains the goals and methods of the investigation. A research design is developed prior to the implementation of the field study and submitted with a completed Archeological Permit Application.(60) Ruins--A historic or prehistoric site, composed of both archeological and structural remains, in which the building or structure is in a state of collapse or deterioration to the point that the original roof and/or flooring and/or walls are either missing, partially missing, collapsed, partially collapsed, or seriously damaged through natural forces or structural collapse. Ruins are considered archeological sites, and historic buildings or structures recently damaged or destroyed are not classified as ruins.(61) Scope of work--A summary of the methodological techniques used to perform the archeological investigation or outline of other project work under permit.(62) Shipwrecks--The wrecks of naval vessels, Spanish treasure ships, coastal trading schooners, sailing ships, steamships, and river steamships, among other remains of any waterborne craft that sank, ran aground, was beached or docked.(63) Significance--Importance attributed to sites, buildings, structures and objects of historical, architectural, and archeological value which are landmarks and eligible for official designation and protection under the Antiquities Code of Texas. Historical significance is the importance of a property to the history, architecture, archeology, engineering or culture of a community, state or the nation, and is a trait attributable to properties listed or determined eligible for listing in the National Register of Historic Places or for state landmark designation.(64) Site--Any place or location containing physical evidence of human activity. Examples of sites include: the location of prehistoric or historic occupations or activities, a group or district of buildings or structures that share a common historical context or period of significance, and designed cultural landscapes such as parks and gardens.(65) State agency--A department, commission, board, office, or other agency that is a part of state government and that is created by the constitution or a statute of this state. The term includes an institution of higher education as defined by the Texas Education Code, §61.003.(66) State Antiquities Landmark--An archeological site, archeological collection, ruin, building, structure, cultural landscape, site, engineering feature, monument or other object, or district that is officially designated as a landmark or treated as a landmark under the interim protection described in §26.8(d) of this title (relating to Designation Procedures for Publicly Owned Landmarks).(67) State Archeological Landmark--A State Antiquities Landmark.(68) State associated collections--The collections owned by the State and under the authority of the commission. This includes the following:(A) Permitted collections--Collections that are the result of work governed by the Antiquities Code of Texas on land or under waters belonging to the State of Texas or any political subdivision of the State requiring the issuance of a permit by the commission.(B) Non-permitted collections--Collections that are the result of work governed by the Antiquities Code of Texas on land or under waters belonging to the State of Texas or any political subdivision of the State conducted by commission personnel without the issuance of a permit.(C) Purchased collections--Collections that are the result of the acquisition of significant historical items by the commission through Texas Historical Artifacts Acquisition Program or use of other State funds.(D) Donated collections--Collections that are the result of a gift, donation, or bequest to the commission.(E) Court-action collections--Collections that are awarded to the commission by a court through confiscation of illegally-obtained archeological artifacts or any other material that may be awarded to the commission by a court of law.(F) Legislative action collections--Collections that are transferred to the commission through legislative action.(69) Structure--A work made up of interdependent and interrelated parts in a definite pattern of organization. The term \"structure\" is used to distinguish from buildings whose functional constructions were made usually for purposes other than creating human shelter. Constructed by man, it is often an engineering project. Examples of structures include bridges, power plants, water towers, silos, windmills, grain elevators, etc. As used herein, \"structure\" is also understood to include all non-archeological cultural resources that are not buildings, including cultural landscapes and non-archeological sites, objects, and districts.(70) Treasures embedded in the earth--In this context, \"treasures\" refers to artifacts and objects from submerged archeological sites. This can reference artifacts that are either contained within a ship's hull or are isolated yet associated with submerged historic and/or prehistoric archeological sites. The term \"treasures\" is not meant to imply that objects of monetary value, such as gold and silver, are separately protected under Antiquities Code of Texas. Additionally, \"embedded in the earth\" refers to artifacts or objects buried or partially covered in underwater sediments.(71) Unverified cemetery--A location having some evidence of human burial interments, but in which the presence of one or more unmarked graves has not been verified by a person described by §711.0105(a) of the Health and Safety Code of Texas or by the commission.(72) Verified cemetery--The location of a human burial interment or interments as verified by the commission.", "sourceNote": "Source Note: The provisions of this §26.3 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective February 29, 2016, 41 TexReg 1440; amended to be effective December 31, 2017, 42 TexReg 7383; amended to be effective May 26, 2021, 46 TexReg 3251." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161947&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161947", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§26.4", "label": "Professional Qualifications and Requirements" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187062", "queryAsDate": "03/11/2026" }, "ruleBody": "Professional personnel means individuals who are appropriately-trained specialists required to perform archeological and architectural investigations and project work. These individuals must possess the professional qualifications in this section and will be required to perform certain responsibilities under the terms of an Antiquities Permit as identified in this section. Any additional professions not referenced in this section must meet Archeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines (As Amended and Annotated).(1) Principal investigator. A professional archeologist with demonstrated competence in field archeology and laboratory analysis, as well as experience in administration, logistics, personnel deployment, report publication, and fiscal management. In addition to these criteria the principal investigator shall:(A) hold a graduate degree from an accredited institution of higher education in anthropology/archeology, or a closely related field such as geography, geology, or history, so long as the degree program also included formal training in archeological field methods, research, and site interpretation; have successfully completed investigations under an Antiquities Permit; and/or be registered as a professional archeologist by the Register of Professional Archeologists (RPA); and/or hold an active permit not in default;(B) have at least twelve months of full-time experience in a supervisory role involving complete responsibility for a major portion of a project of comparable complexity to that which is to be undertaken under permit;(C) have demonstrated the ability to disseminate the results of an archeological investigation in published form conforming to current professional standards;(D) remain on-site a minimum of 25 percent of the time required for the field investigation, and whose name must appear on the project report;(E) provide a field archeologist to supervise the field investigation in his or her absence; and(F) testify concerning report findings in the interest of controversy or challenge.(2) Professional archeologist. An individual who has a degree in anthropology, archeology or a closely related field if that degree also included formal training in archeological field methods, research, and site interpretation, conducts archeological investigations as a vocation, and whose primary source of income is from archeological work. Qualifications for specialized types of professional archeologists are listed in this paragraph.(A) Prehistoric archeologist. An individual who is a professional archeologist and, in addition, meets the following conditions:(i) has been trained in the field of prehistoric archeology;(ii) has a minimum experience of two comprehensive archeological field seasons of three to six months in length on archeological site(s) that contain prehistoric (pre-16th century) archeological deposits; and(iii) has published the results of those prehistoric archeological investigations.(B) Historic archeologist. An individual who is a professional archeologist and, in addition, meets the following conditions:(i) has been trained in the field of historical archeology;(ii) has minimum experience of two comprehensive archeological field seasons of three to six months in length on archeological site(s) that contain historic (post-16th century) archeological deposits; and(iii) has published the results of those historical archeological investigations.(C) Underwater archeologist. An individual who is a professional archeologist and, in addition, is a competent diver with a minimum of two full seasons of underwater archeological testing or excavation projects. Training and experience sufficient for safe and proficient use of the specialized underwater remote sensing survey, excavation and mapping techniques, and equipment are required.(D) Underwater archeological surveyor. An individual who has training and experience sufficient for safe and proficient supervision of appropriate remote sensing survey equipment operation, as well as for interpretation of survey data to identify anomalies and geomorphic features that may have some probability of association with submerged aboriginal sites and sunken vessels. This individual may represent the archeological interests on board the survey vessel in the absence of an underwater archeologist, as defined in subparagraph (C) of this paragraph.(3) Project architect. An individual who is a licensed architect and has had full-time experience in a supervisory role on at least one historic preservation project. The project architect must be involved, at a minimum, in 25 percent of the time required to develop plans and specifications and manage project work for a Historic Buildings and Structures Permit project and, when not involved with the project, must assign a qualified preservation specialist to supervise the preservation project. At the discretion of commission staff, other individuals may fulfill the role of project architect, as follows:(A) A preservation specialist may serve in the place of the project architect if: all responsibilities of a project architect under this title will be fulfilled by the project preservation specialist; and all education and experience criteria for a preservation specialist are met.(B) A project engineer may serve in the place of the project architect if: the scope of project work is limited to structural stabilization and repair; all responsibilities of a project architect under this title will be fulfilled by the project engineer; and all education and experience criteria for a project engineer are met.(C) A landscape architect may serve in the place of the project architect if: the project scope is limited to landscape architecture; all responsibilities of a project architect under this title will be fulfilled by the project landscape architect; and all education and experience criteria for a project landscape architect are met.(D) A project contractor may serve in the place of a project architect if: the project scope of work is limited to the demonstrated professional expertise of the contractor; all responsibilities of a project architect under this title will be fulfilled by the project contractor; and all the requirements for a project contractor are met.(4) Preservation specialist. An individual who has a professional degree in architecture or a state license to practice architecture, plus one or more of the following:(A) at least one year of graduate study in architectural preservation, American architectural history, preservation planning, or closely related field; or(B) at least one year of full-time professional experience on historic preservation projects to include experience on projects similar to the project to be permitted; detailed investigations of historic buildings and structures; preparation of historic structures research reports; and preparation of plans and specifications for preservation projects.(5) Project engineer. An individual who is a licensed civil or structural engineer and has had full-time experience in a supervisory role on at least one historic preservation project similar to the project to be permitted.(6) Project landscape architect. An individual who is a licensed landscape architect and has had full-time experience in a supervisory role on at least one historic preservation project similar to the project to be permitted.(7) Project contractor. An individual who has the appropriate training, certifications, and/or licenses for the type of project work specified in the permit application and at least one year of demonstrable full-time experience in applying the methods and practices of the proposed work on historic preservation projects similar to the project to be permitted.(8) Historian. An individual who has a graduate degree in history or closely related field; or a bachelor's degree in history or a closely related field plus one of the following:(A) at least two years of full-time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historical organization or agency, museum, or other professional institution; or(B) substantial contribution through research and publication to the body of scholarly knowledge in the field of history.(9) Geomorphologist or geoarcheologist. An individual who holds a graduate degree in geology, geomorphology, archeology, or other closely related field, and has had sufficient training to adequately evaluate the sedimentology, stratigraphy, and pedology of deposits in the field and be competent to describe and analyze the deposits using standard terminology and methods. This person should also have general archeological experience in the area in which the investigations are to occur.", "sourceNote": "Source Note: The provisions of this §26.4 adopted to be effective May 20, 2013, 38 TexReg 2980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187062&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187062", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§26.5", "label": "Antiquities Advisory Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161949", "queryAsDate": "03/11/2026" }, "ruleBody": "As permitted by Texas Government Code, §442.005(r), 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.", "sourceNote": "Source Note: The provisions of this §26.5 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective December 31, 2017, 42 TexReg 7383." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161949", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "A", "label": "GENERAL PROVISIONS" }, "rule": { "number": "§26.6", "label": "Permit Monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187066&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187066", "queryAsDate": "03/11/2026" }, "ruleBody": "Any member, employee, or agent of the commission and any officer in charge of land owned or controlled by the State of Texas or his or her designee may, at any time, visit the cultural resource undergoing permitted project work, or area or site being investigated under permit. Such a representative of the state may examine the ongoing areas of work, the field records, materials, and specimens being recovered.", "sourceNote": "Source Note: The provisions of this §26.6 adopted to be effective May 20, 2013, 38 TexReg 2980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187066&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187066", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "IDENTIFICATION AND DESIGNATION OF LANDMARKS" }, "rule": { "number": "§26.7", "label": "Location and Discovery of Cultural Resources and Landmarks" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185151&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185151", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) It is the public policy and in the interest of the State of Texas to locate archeological sites and other cultural resources, in, on, or under any land within the jurisdiction of the State of Texas per Texas Natural Resources Code, §191.002.(b) The commission shall provide for the discovery and/or scientific investigation of publicly owned cultural resources in accordance with Texas Natural Resources Code, §191.051.(c) The commission, state agencies, political subdivisions of the state, and law enforcement agencies shall work together to locate and protect cultural resources when deemed prudent, necessary, and/or in the best interest of the state per Texas Natural Resources Code, §191.174.(d) To achieve these mandates, the commission shall review construction plans for projects on public lands prior to development to determine the project's potential impact to cultural resources, and invoke its power to issue Antiquities Permits and supervise Antiquities Permit investigations in accordance with Texas Natural Resources Code, §191.054. These mandates and the review of construction plans that may adversely affect archeological sites and historic buildings or structures are accomplished in the following manner.(1) Project notification. As provided by Texas Natural Resources Code, §§191.0525, 191.054, 191.093, and 191.098, public agencies shall notify the commission before groundbreaking on public land or construction projects that could take, alter, damage, destroy, salvage, or excavate archeological sites, historic buildings or structures, designated historic districts, or other cultural resources or landmarks on non-federal public land in Texas. The notification must contain a brief written scope of work and a copy of the appropriate topographical quadrangle map with clearly marked project boundaries and photographs of the buildings or structures involved in the project work.(A) State agencies.(i) State agencies, other than institutions of higher education, shall furnish the commission with documentation of each building possessed by the agency that is 45 years old or older, pursuant to Texas Natural Resources Code, Chapter 31 (General Land Office), §31.153. After an agency's initial report, it must annually furnish documentation on each building that was acquired after the date of the previous submission and is 45 years old or older on the date of the current submission, or is possessed by the agency and has become 45 years old since the date of the previous submission.(ii) State agencies must send advance notification at least 30 days prior to any groundbreaking per §191.0525, or at least 60 days prior to altering, renovating, or demolishing a building that is 50 years old or older per §191.098 of the Texas Natural Resources Code.(iii) Once the commission receives a complete notification, a response will be provided within 30 days of receipt of the review request, or within 15 days of receipt for project locations regarding oil, gas, or other mineral exploration, production, processing, marketing, refining, or transportation facility or pipeline projects. The commission shall review submitted documentation and notify the state agency if archeological sites or historic buildings involved in the work are landmarks or are eligible for landmark designation, and/or of the possible need for a survey to locate cultural resources situated in the proposed development tract. The commission may also issue advisory comments if a building is historically significant but not eligible for landmark designation. If the commission does not respond within the specified timeframe, the state agency may proceed without further notice to the commission. Expedited reviews may be accommodated on a case-by-case basis if warranted.(B) Political subdivisions.(i) Political subdivisions must send advance notification at least 30 days prior to any project that may affect potential or designated archeological sites if the project affects a cumulative area larger than five acres or disturbs a cumulative area of more than 5,000 cubic yards, whichever measure is triggered first, or if the project is inside a recorded archeological site or designated historic district.(ii) Once the commission receives a complete notification, a response will be provided within 30 days of receipt of the review request, or within 15 days of receipt for project locations regarding oil, gas, or other mineral exploration, production, processing, marketing, refining, or transportation facility or pipeline projects. The commission shall review submitted documentation and notify the public agency if archeological sites involved in the work are landmarks or are eligible for landmark designation, and/or of the possible need for a survey to locate cultural resources situated in the proposed development tract. If the commission does not respond within the specified timeframe, the public agency may proceed without further notice to the commission. Expedited reviews may be accommodated on a case-by-case basis if warranted.(C) Categorical exclusions. Since many activities conducted on non-federal public land have little, if any, chance to damage cultural resources, the following activities do not require notification:(i) water injection into existing oil and gas wells;(ii) upgrading of electrical transmission lines when there will be no new disturbance of the existing easement;(iii) seismic exploration activity when there is no ground penetration or disturbance;(iv) building and repairing fences that do not require construction or modification of associated roads, fire breaks, or previously disturbed ground;(v) road maintenance that does not involve widening or lengthening the road;(vi) installation or replacement of meter taps;(vii) controlled burning of fields;(viii) animal grazing;(ix) plowing, if the techniques are similar to those used previously;(x) installation of monuments and sign posts unless within the boundaries of designated historic districts;(xi) maintenance of existing trails;(xii) land sales and trades of land held by the permanent school fund and permanent university fund;(xiii) permanent school fund and permanent university fund leases, easements, and permits, including mineral leases and pooling agreements, in which the lessee, grantee, or permittee is specifically required to comply with the provisions of this chapter;(xiv) oil, gas, or other mineral exploration, production, processing, marketing, refining, or transportation facility or pipeline project in an area where the project will cross state or local public roads, rivers, and streams, unless they contain a recorded archeological site or a designated state land tract in Texas' submerged lands; and(xv) maintenance, operation, replacement, or minor modification of an existing oil, gas, or other mineral exploration, production, processing, marketing, refining, or transportation facility or pipeline.(D) Emergency situations. Advance notification is not required for immediate remediation of a fire, spill, or other emergency associated with an existing facility located on state or local public lands if the emergency requires an immediate response. Notification of actions taken in response to an emergency must be submitted within 15 days of the action. If cultural resources were affected by the emergency or remediation measures, or may be affected by any long-term actions, the commission will respond in accordance with paragraph (2) of this subsection.(2) Project coordination. If a survey investigation or review of project work is required, professional personnel meeting the applicable requirements of §26.4 of this title (relating to Professional Qualifications and Requirements) will perform the investigations or work under an Antiquities Permit in accordance with §§26.13 - 26.18 and §§26.20 - 26.24 of this title.(3) Construction discovery. Any person working on public lands who discovers an archeological site that may qualify for designation as a landmark according to the criteria listed in §§26.10 - 26.12 of this title shall cease work and report such discovery to the state agency or political subdivision owning or controlling the property and to the commission. Upon notification, the commission staff will respond within two business days. The commission may initiate designation proceedings if it determines the site to be a significant cultural or historical property, and/or may issue a permit for mitigative archeological investigation or any other investigation. The cost of a proper investigation, excavation, or preservation of such a landmark or potential landmark will be borne by the owner or developer of the property rather than by the commission.(4) Discovery of Unverified Cemeteries. Section 711.0111 of the Health and Safety Code of Texas requires that any person that discovers an unverified cemetery shall file a notice and evidence of the discovery with the commission on a form provided by the commission. Section 711.0111 also requires that any person that discovers an unverified cemetery shall concurrently provide a notice of the filing with the landowner on record in the county appraisal district on whose land the unverified cemetery is located. The commission shall evaluate the notice and evidence submitted with the notice, and consider the response of the landowner, if any is received not later than the 30th day after notice, and shall determine whether there is enough evidence to support the claim of the existence of a cemetery. If the commission determines that sufficient evidence supports a determination the commission shall notify the landowner and may file notice of the existence of the cemetery under §711.011 of the Health and Safety Code. If a notice of existence has already been filed under §711.011 and the commission has determined that there is not sufficient evidence of a cemetery the commission will file an amendment with the county clerk to remove the dedication.", "sourceNote": "Source Note: The provisions of this §26.7 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective December 31, 2017, 42 TexReg 7383." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185151&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185151", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "IDENTIFICATION AND DESIGNATION OF LANDMARKS" }, "rule": { "number": "§26.8", "label": "Designation Procedures for Publicly Owned Landmarks" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185152", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Nomination. Any group, public or private, individual, or public agency may submit a property in public ownership to the commission for official designation as a landmark. The nomination must be submitted to the commission on a form approved by the commission, and the commission will determine whether the nomination is complete. The nomination shall indicate the nature of the property's significance: as an archeological site, shipwreck, cache or collection, historic building or structure, or any combination thereof, per the criteria for evaluation specified in §§26.10 - 26.12 and §26.19 of this title.(1) Third-party nominations. Any private individual or private group that desires to nominate a property owned by a political subdivision as a landmark must complete and return to the commission a nomination form, and must give notice of the nomination at the individual's or group's own expense, in a newspaper of general circulation published in the city, town, or county in which the building, structure or site is located. If no newspaper of general circulation is published in the city, town, or county, the notice must be published in a newspaper of general circulation in an adjoining or neighboring county that is circulated in the county of the applicant's residence. The notice must:(A) be printed in 12-point boldface type;(B) include the exact location of the building or site; and(C) include the name of the group or individual nominating the building or site.(D) An original copy of the notice and an affidavit of publication signed by the newspaper's publisher must be submitted to the commission with a nomination form. The commission will not consider a site owned by a political subdivision for designation as a landmark unless the notice and affidavit required by this section are attached to a nomination form. This notification must be received by both the commission and the public agency a minimum of 60 days prior to a regularly scheduled public meeting of the commission at which the nomination may be considered. All decisions regarding when a nomination will be considered by the commission will be made by the executive director of the commission.(2) Requirements for buildings and structures. Nominations for buildings and structures must be accompanied by a deed or other legal description of the property nominated for designation. For a building or structure owned by a political subdivision, the nomination may be accompanied by a statement assessing fiscal impacts of the potential designation on the political subdivision.(b) Evaluation. The executive director of the commission will determine whether the nomination is complete and acceptable, whether the property is eligible for designation, and when the nomination will be placed on the agenda of one of the commission's public meetings. In support of such determinations, the commission's staff will review the property according to the criteria for evaluation specified in §§26.10 - 26.12 and §26.19 of this title. Staff will recommend whether the nature of the property's significance indicated on the nomination form is accurate and if other areas should be considered.(c) Notification of nomination. If the commission's staff wishes to nominate a property for landmark designation or intends to forward a nomination received for consideration, it must give the public agency or agencies that own the property a written notification that a nomination will be considered by the commission at one of its regularly scheduled public meetings. This notification must be received by the public agency a minimum of 15 days prior to the regularly scheduled public meeting of the commission at which the nomination is scheduled to be presented. The commission must also send the public agency complete site information on the proposed nomination. For a building or structure owned by a political subdivision, the notification will invite the political subdivision to submit a statement assessing the fiscal impacts of the potential designation.(d) Interim protection and notification. Once a valid nomination for a landmark building or structure has been received and the commission's staff determines the property is eligible for designation, no project work may be undertaken on the property without a permit issued by the commission unless or until the commission denies the nomination or designation. Information regarding this protection will be included in the commission's notice on the nomination to the property owner.(e) Presentation of nominations. Following staff evaluation and recommendations, nominations will be presented to the Antiquities Advisory Board. Written notice of the presentation will be sent to the owner. The Antiquities Advisory Board will review each nomination, the staff recommendations related to each nomination, and any testimony given by the owner of the property and the public at large. The Antiquities Advisory Board will then pass on its recommendations regarding each nomination to the commission. The chair of the Antiquities Advisory Board, or one of the other commission members who serve on the board, will present the nomination and recommendations to the commission at one of its public meetings.(f) Comment period. No vote on final designation may be taken by the commission for a minimum period of 30 days, during which time all concerned parties may present evidence in support of or against designation of the property. Comments may be submitted to the commission at any time prior to the designation vote described in subsection (g) of this section, including during public testimony at the commission meeting where the vote will occur. Comments should address the property's merits in light of the criteria specified in §§26.10 - 26.12 and §26.19 of this title.(1) Political subdivisions. Comments may address the fiscal impact on a political subdivision from the designation of a building or structure owned by the political subdivision, per §191.092(h) of the Texas Natural Resources Code.(2) Institutions of higher education. Comments may address the impact on an institution of higher education from the designation of a building or land owned by the institution. If an institution of higher education notifies the commission during this timeframe that it protests to the proposed designation of a building or land under its control as a landmark, the matter becomes a contested case under the provisions of the Administrative Procedure Act, Texas Government Code, Chapter 2001. The hearing officer and the commission will follow the procedures and take into account the criteria listed in §191.021(b) of the Texas Natural Resources Code. Weighing these criteria against the criteria specified in §§26.10 - 26.12 and §26.19 of this title, the commission shall designate a property under the control of an institution of higher education as a landmark only if the record before the commission establishes by clear and convincing evidence that such designation would be in the public interest.(g) Presentation of designation and designation vote. After the minimum comment period of 30 days has elapsed, the commission may consider the property for designation at one of its public meetings. The owners of the property will be informed of the agenda by written notice at least 15 calendar days in advance of the meeting date. Any person may present evidence or testify at the meeting when the final decision is to be made. The commission may then vote to designate, to deny designation, to request further information, or to make any other decision.(h) Additional evidence. If designation of a property is denied, the owner or applicant may present additional evidence at any time for the commission's reconsideration. The new evidence will be considered by the commission at a duly-noticed meeting.(i) Additional hearings. Any owner of a property designated as a landmark who is aggrieved by the designation procedure as applied to his or her property will receive a full evidentiary hearing upon request, or the formal designation can be removed by action of the commission.(j) Notification of designation. Written notification of the commission's decision regarding the designation of a property as a landmark will be forwarded to the owner and nominator. The nominator and owner will also receive an application for requesting a landmark medallion.(k) Listing and marking of landmarks. If a property is officially designated as a landmark, the property will be listed in the commission's inventory, a current list of all historic buildings, structures, sites, objects, and districts so designated. Landmarks may also be marked with a marker or medallion, to be installed by commission staff or designee, if requested by the nominator or owner.(1) Archeological sites designated as landmarks may be marked with a landmark marker, if deemed appropriate by the commission. The UTM coordinate of the marker will be retained in the commission's records.(2) Historic buildings and structures designated as landmarks may be marked with a medallion bearing the words \"State Antiquities Landmark\". Third-party nominators and owners will be provided with an application for requesting a landmark medallion. The application and payment must be received by the Commission before the medallion will be ordered and installed. If a medallion is installed, a photograph of the installed medallion showing its context will be retained in the commission's records.(l) Privileged or restricted information. The location of archeological sites is not public information. However, information on sites may be disclosed to qualified professionals as provided by Chapter 24 of this title (relating to Restricted Cultural Resource Information).(m) For previously designated landmarks, commission staff may propose an amendment to clarify the designation boundaries, nature of the property's significance, or other information pertinent to the designation. The commission shall follow the process in this section in considering such an amendment.", "sourceNote": "Source Note: The provisions of this §26.8 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective August 22, 2017, 42 TexReg 4130." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185152&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "185152", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "B", "label": "IDENTIFICATION AND DESIGNATION OF LANDMARKS" }, "rule": { "number": "§26.9", "label": "Designation of Private Property" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187070&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187070", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Designation procedure. Cultural resources of national, state, or local significance in private ownership may be nominated by individuals or institutions holding title to the property on which the resources are located. The nomination must be submitted to the commission on a form approved by the commission. In addition to the nomination requirements listed in §26.8(a) of this title (relating to Designation Procedures for Publicly Owned Landmarks), the nomination must be accompanied by proof of ownership, such as a deed record, and payment for the medallion. The nomination form shall contain language that expressly states the owner's consent to landmark designation by signing the form. A site, building, or structure on privately owned property, which is designated as a landmark by the commission, is afforded the same protection under the Antiquities Code of Texas as resources on public property. The nomination and designation hearing process for the designation of privately owned property will follow the same basic procedures set forth in §26.8 of this title.(b) Recordation and marking of landmarks on private property. Upon designation, the commission shall record the property owner's consent and notice of the designation in the deed records of the county in which the property is located, provide the property owner with a copy of the filed instrument, and retain a copy of the filed instrument in the commission's records. Landmarks shall be marked with a marker or medallion, to be installed by commission staff or designee immediately after designation.(1) Archeological sites designated as landmarks shall be marked with a landmark marker. The UTM coordinate of the marker will be retained in the commission's records.(2) Historic buildings and structures designated as landmarks shall be marked with a medallion bearing the words \"State Antiquities Landmark\". The property owner shall provide payment for the medallion when the nomination form is submitted to the Commission. A photograph of the installed medallion showing its context will be retained in the commission's records.", "sourceNote": "Source Note: The provisions of this §26.9 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective August 22, 2017, 42 TexReg 4130." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187070&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187070", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "ARCHEOLOGY" }, "rule": { "number": "§26.10", "label": "Criteria for Evaluating Archeological Sites and Verifying Cemeteries" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161955", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission shall use one or more of the following criteria when assessing the appropriateness of official landmark designation, and/or the need for further investigations under the permit process:(1) the site has the potential to contribute to a better understanding of the prehistory and/or history of Texas by the addition of new and important information;(2) the site's archeological deposits and the artifacts within the site are preserved and intact, thereby supporting the research potential or preservation interests of the site;(3) the site possesses unique or rare attributes concerning Texas prehistory and/or history;(4) the study of the site offers the opportunity to test theories and methods of preservation, thereby contributing to new scientific knowledge; and(5) there is a high likelihood that vandalism and relic collecting has occurred or could occur, and official landmark designation is needed to ensure maximum legal protection, or alternatively, further investigations are needed to mitigate the effects of vandalism and relic collecting when the site cannot be protected.(b) The commission shall use one or more of the following criteria when assessing the verification of the existence of a cemetery:(1) the location contains interments that are confirmed through assessments or investigations consented by the landowner and performed by a professional archeologist or other individuals as defined by §711.0105(a) of the Health and Safety Code of Texas;(2) the location contains human burial caskets or other containers or vessels that contain human remains or are contextually known to have been used to inter human remains;(3) the location contains articulated human remains that were deliberately interred; or(4) the location contains a burial pit or burial pit features.", "sourceNote": "Source Note: The provisions of this §26.10 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective December 31, 2017, 42 TexReg 7383." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161955", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "ARCHEOLOGY" }, "rule": { "number": "§26.11", "label": "Criteria for Evaluating Shipwrecks" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161956&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161956", "queryAsDate": "03/11/2026" }, "ruleBody": "Shipwrecks may be considered significant and be recognized or designated as landmarks provided that the following conditions are met:(1) the shipwreck is located on land owned or controlled by the State of Texas or one of its political subdivisions;(2) the shipwreck is pre-twentieth century or is otherwise historically significant and is 50 years old or older in age; and(3) the remains consist of a shipwreck sunken, abandoned, or a wreck of the sea, or are represented by the ship's remains and/or contents or related embedded treasure.", "sourceNote": "Source Note: The provisions of this §26.11 adopted to be effective May 20, 2013, 38 TexReg 2980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161956&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161956", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "ARCHEOLOGY" }, "rule": { "number": "§26.12", "label": "Criteria for Evaluating Caches and Collections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200401&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200401", "queryAsDate": "03/11/2026" }, "ruleBody": "Caches and collections may be considered significant and be recognized or designated as landmarks, provided that at least one of the following conditions is met:(1) the cache or collection was assembled with public funds or taken from public lands;(2) preservation of materials is adequate to allow the application of standard archeological or conservation techniques;(3) the cache or collection is of research value, thereby contributing to scientific knowledge; or(4) the cache or collection is of historic value or contributes to a theme.", "sourceNote": "Source Note: The provisions of this §26.12 adopted to be effective May 20, 2013, 38 TexReg 2980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200401&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200401", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "ARCHEOLOGY" }, "rule": { "number": "§26.13", "label": "Application for Archeological Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207949", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Justification for investigation. Investigations undertaken on publicly owned cultural resources or to locate or discover such resources must be oriented toward solving a particular research problem, preparation of a site for public interpretation, or for the purpose of salvaging information and specimens from a site threatened with immediate destruction.(b) Eligibility for application. Permits to conduct investigations of any nature on landmarks or for the discovery of potential landmarks, or on lands owned or controlled by agencies or political subdivisions of the state will be issued exclusively by the Commission under the conditions provided in the Antiquities Code of Texas and in this chapter.(1) Permits may be issued by the Commission to scientific and educational institutions, nonprofit corporations and organizations, investigative firms, and governmental agencies which have demonstrated their ability to carry out proper archeological investigations through their own staffs, including one or more professional archeologists who can serve as principal investigators, and who will supervise the project, or through a contract with a professional archeologist who can serve as a principal investigator. Permits may also be issued to individuals and private corporations who:(A) retain a professional archeologist who can serve as a principal investigator for the investigations, and can be in direct charge of the project from field investigation through preservation of collections and analysis of data to reporting of results; and(B) if required by the Commission or the terms or conditions of a Memorandum of Understanding, provide proof that adequate funds, equipment, facilities, and personnel are available to properly conduct the investigation as proposed to the Commission, and to report the results. The Commission may require a performance bond to be posted as part of the application process.(2) State or local archeological societies and archeological stewards wishing to conduct investigations on landmarks must have a principal investigator and be limited to non-compliance, investigation activities.(3) Principal investigators holding one or more defaulted permits are not eligible to be issued additional permits until all terms and conditions of defaulted permits are met.(4) Principal investigators and investigative firms that are currently censured due to permit application offenses are not eligible to be issued a permit. Once the censure period has lapsed the censured principal investigator or investigative firm will be eligible to be issued a permit.(5) No permits will be issued if the principal investigator and/or investigative firm cannot commit to direction of the permitted investigations by the principal investigator.(c) Application for permit. Permit application forms may be obtained from the Commission. Any institution, corporation, organization, museum, investigative firm, or individual desiring a permit for investigations must file a completed application with the Commission prior to the proposed beginning date of the project. Special circumstances may require that a permit be issued on short notice when a site is threatened with immediate destruction. When a permit is issued for emergency salvage of a site threatened with destruction, the same rules apply as with all permits. The permit application must include:(1) a statement of the purpose of the investigation;(2) an outline of the proposed work and research design;(3) the proposed beginning date for the fieldwork and the length of time that will be devoted to the entire project;(4) name, address, and telephone number of the principal investigator, sponsor, and landowning or controlling agency;(5) an accurate plotting of the particular site or area to be investigated on a 7.5' USGS quadrangle map and locational data indicating the universal transverse mercator (UTM) coordinates;(6) the name of the facility where the specimens, material, and data will be kept during analysis of results of the investigation; and(7) evidence of adequate funds, personnel, equipment, and facilities to properly complete the proposed investigation.(d) Research design. Research designs prepared prior to implementation of a field study and submitted with an Archeological Permit Application Form are essential to the success of scientific objectives, resource management decision-making, and project management. The following points should be considered during formulation of a research design.(1) Research designs present the essential objectives of a project or study and the means by which those objectives will be attained. As such, the research design is an efficient means of communicating with resource managers and the professional community at large.(2) The research design provides a logical basis for detailed project planning and assessment of resource significance.(3) Research designs may contain a wide range of theoretical and methodological approaches. Similarly, research designs may address general research objectives, as well as more focused types of problem orientation. The following criteria shall be met.(A) Care should be taken to link the research design to existing topical and geographical bodies of data.(B) The nature of the resources under investigation should be considered.(C) The need to address a wide range of cultural and scientific resources should be considered.(D) Applied research that addresses cultural resource management and impact-related issues should be recognized as necessary and incorporated into research designs whenever possible.(E) The skills of the investigative personnel must be appropriate to the project goals and specifications in the research design. In many cases it may be desirable to include provisions for consultants with special expertise.(4) Research designs should not be conceived as rigid, unchanging plans. Although research designs may place relatively greater emphasis on certain kinds of scientific questions and certain kinds of data collection, as circumstances warrant, the investigator is not relieved of responsibility to recognize other research. Whether such alternative questions and data warrant changes in the ongoing investigation is a question that should be explicitly addressed and answered in the context of pertinent resource management objectives and research goals. It is expected that research designs will be modified as projects develop. A conscious effort should be made to modify research designs to exploit new information efficiently. It is to be expected that some research objectives will, for many reasons, prove less productive than anticipated, while other objectives will become more important than anticipated or perhaps materialize for the first time. The crucial objectives in the modification process are:(A) demonstrated progress in solving stated problems; and(B) subsequent modification of a research design on the basis of explicit, rational decisions intended to attain stated goals.(5) Research designs that anticipate encountering human remains must contain a detailed treatment and preservation plan developed in consultation with the Commission. Any analytical methodologies resulting in the destruction of human remains to obtain the maximum amount of scientific knowledge must be explicitly addressed in the research design for the Antiquities Permit or must be approved by the Commission with a permit amendment prior to initiation.", "sourceNote": "Source Note: The provisions of this §26.13 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective July 20, 2020, 45 TexReg 4967." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207949&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207949", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "ARCHEOLOGY" }, "rule": { "number": "§26.14", "label": "Issuance and Restrictions of Archeological Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200402&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200402", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Issuance of permit. The commission shall review the permit application submitted pursuant to §26.13 of this title (relating to Application for Archeological Permits) and may issue the permit, issue the permit with special conditions, request additional information for review, request a revised scope of work or research design, or deny the permit application.(1) Review by commission staff. Within 30 days of the receipt of a permit application, staff shall notify the applicant in writing that the permit application is complete and accepted for filing or that the permit application is incomplete and specify the additional information required for review. The commission will also issue or deny the permit within 30 days. Investigations may commence upon receipt of notification of the assignment of a permit number, and a copy of the permit will be sent to all signatories to the permit application.(2) Review by the Antiquities Advisory Board. The executive director may choose to submit the permit application to the Antiquities Advisory Board for its consideration. Permits that are denied by commission staff may be appealed by the applicant to the Antiquities Advisory Board. The board shall review such applications at its next scheduled meeting, provided it shall have a minimum of 15 days to prepare for such review. Recommendations of the board shall be taken to the next scheduled meeting of the commission by the chair of the board or by one of the other commissioners who serve on the board for action thereon.(3) The deadlines in this section may be extended for good cause. In the event a deadline is extended, the commission shall provide notice of the extension and the good cause to the applicant in writing. The applicant may complain directly to the executive director if the staff exceeds the established period for processing permits and may request a timely resolution of any dispute arising from the delay.(4) Failure to respond. If no response has been made by the commission within 30 days of receipt of any permit application, the permit shall be considered to be granted.(b) Review by controlling entities. It is the responsibility of the permit applicant to obtain all necessary permissions and signatures prior to submitting an archeological permit application.(c) Special requirements. When a permit is issued, it will contain all special requirements governing that particular investigation; it must be signed by the director of the Archeology Division of the commission or his or her designated representative.(d) Permit period. No permit will be issued for less than one year nor more than ten years, but a permit may be issued for any length of time as deemed necessary by the commission in consultation with the principal investigator.(e) Transferal of permits. No permit issued by the commission will be assigned by the permittee in whole or in part to any other institution, museum, corporation, organization, or individual without acknowledgement of the original permittee and the consent of the commission. If the investigative firm cannot obtain acknowledgement of the transfer from the original permit holder, documentation of the firm's efforts must be submitted together with the transfer application form.(f) State site survey forms. TexSite electronic forms for all sites recorded as a result of activities undertaken through an Antiquities Permit will be completed and submitted to the Texas Archeological Research Laboratory at the University of Texas in Austin, upon the completion of field work.(g) Permit expiration date. The expiration date shall be specified in each permit and is the date by which all terms and conditions must be completed for that permit. It is the responsibility of the permittee, sponsor, investigative firm, and principal investigator to meet any and all permit submission terms and conditions prior to the expiration date listed on the permit.(1) Expiration date notification. Principal investigators will be notified 60 days in advance of permit expiration date.(2) Expiration date extension. A principal investigator must complete and submit a First Extension Application Form to the commission if he or she desires an extension of the final due date for the completion of an Antiquities Permit that was issued to him or her. The Archeology Division (AD) of the commission will review the submitted Permit Extension Form, determine whether an extension is warranted, and extend the permit expiration date once for no less than one year and no more than ten years as deemed appropriate. In addition, and upon review and recommendation by the Antiquities Advisory Board, the commission may, by a majority vote of its members, approve or disapprove an additional extension of the expiration date of an Antiquities Permit beyond the single extension that the AD staff of the commission is authorized to issue under subsection (c) of this section and this paragraph, provided that the following conditions are met:(A) the principal investigator (PI), and/or the investigative firm listed under an Antiquities Permit, must complete and submit a Second Extension Application Form to the commission, and give an oral presentation before the Antiquities Advisory Board justifying why a second permit expiration-date extension is warranted; and(B) the justification for the second extension must show that the extension is needed due to circumstances beyond the control of the PI. Examples include, but are not limited to: funding problems, death of the PI, and artifact curation problems.(h) Expiration responsibilities. Investigative firms must ensure that a principal investigator is assigned to a permit at all times, regardless of whether the permit is active or has expired. Both the principal investigator and investigative firm should ensure that a new principal investigator is assigned to the permit if, for any reason, the original principal investigator must leave the project. The assignment of a new principal investigator must be approved by the commission.(i) Permit amendments. Proposed changes in the terms and conditions of the permit must be approved by the commission.(j) Permit cancellation. The commission may cancel an Antiquities Permit if one or more of the following events occur:(1) death or withdrawal of the principal investigator without a new principal investigator being named and approved by the commission;(2) cancellation of the project by the sponsor or permittee prior to the completion of the archeological field investigations;(3) violation of §26.18 of this title (relating to Compliance with Rules for Archeological Permits); and/or(4) destruction of the permit area or associated cultural resources due to natural causes, prior to the substantive completion of the field investigations being performed under the permit.(k) Permit censuring. The commission may censure a principal investigator and/or investigative firm under the following conditions:(1) if it is found that two or more permit application offenses have occurred in one calendar year. Permit censuring will render a principal investigator and investigative firm ineligible for issuance of another permit for six months after a finding by the board that two or more permit application offenses have occurred in a one-year period; or(2) if an investigative firm does not assign a new principal investigator to a permitted investigation within one month of the departure from the firm by the principal investigator assigned to the permit. Permit censuring will render the investigative firm ineligible for issuance of another permit until a new principal investigator is assigned to the applicable permits.", "sourceNote": "Source Note: The provisions of this §26.14 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective February 29, 2016, 41 TexReg 1440; amended to be effective December 31, 2017, 42 TexReg 7383; amended to be effective March 6, 2022, 47 TexReg 908." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200402&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200402", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "ARCHEOLOGY" }, "rule": { "number": "§26.15", "label": "Archeological Permit Categories" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207950&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "207950", "queryAsDate": "03/11/2026" }, "ruleBody": "Several categories of permits oriented toward specific types of investigation are issued by the Commission. Pursuant to 13 TAC §26.13 (relating to Application for Archeological Permits), the permit applicant or project sponsor is responsible for ensuring that all permitted projects are undertaken by qualified personnel and with adequate funds and material support. The following is a list of permits associated with archeological investigations:(1) Annual permit. A public agency or institution may be granted an Annual Permit, allowing for survey, recording, study, protection, stabilization, or conservation projects that cover a number of similar investigations at different locations. The annual permit will be issued for a specific period of time and may be developed by the public agency or institution, and the Commission either under the auspices of a Memorandum of Understanding (MOU) or by means of a letter agreement. Annual Permits may also be used to govern the survey, recording, study, protection, stabilization, and conservation projects related to designated landmarks or eligible landmarks. The Annual Permit will adhere to, but not be limited to, the Commission's rules. The standards described in an Annual Permit will be administered by a qualified archeologist on the staff of or contracted by that public agency or institution. The Commission will be informed through an annual report of all projects completed under the authority of the Annual Permit with details adequate to confirm compliance.(2) Alternative mitigation permit. A permit issued for a mitigation alternative may require additional conditions including studies, investigations, or other actions as deemed necessary by the Commission, and will be specified in the terms and conditions of the permit. Permission for construction to proceed may be granted depending upon the satisfaction of the terms of the permit. Alternative forms of mitigation may include, but are not limited to:(A) monitoring of a proposed construction project to record and report the discovery of unanticipated, important archeological deposits;(B) conducting archival and historical research to document the significance of the site;(C) capping or burying in place important archeological deposits if deemed appropriate by the Commission;(D) protecting significant remaining portions of a site by donation of the undisturbed area to a nonprofit organization, state agency, or a political subdivision of the state; and(E) by acquisition and donation of a site or sites to a nonprofit organization, state agency, or a political subdivision of the state.(3) Data recovery permit. This permit category is for the purpose of full investigation and extensive excavation of particular archeological site or sites. Data recovery must be based on a research design approved by the Commission. The evidence from a skillfully accomplished archeological excavation provides a detailed picture of the human activities at the site; emphasis is placed on the information that can be elicited rather than on the artifacts. In data recovery, the archeological deposits are removed by digging and are, therefore destroyed. Permission for construction to proceed may be granted depending upon the results of this level of investigation. Specific requirements may be set forth by the Commission in the permit. The destruction can be justified only if:(A) it is done with such care that antiquities and cultural and environmental data in the area excavated are discovered, and if possible, preserved;(B) information has been accurately recorded, whether its importance is immediately recognized or not, to remain available after the site has disappeared; and(C) the record and results of the investigation are made available through publication.(4) Emergency permit. A permit may be authorized by the Commission for the purposes of performing investigations prior to formal application for a permit. Any of the above-referenced categories of investigations can be authorized under an emergency permit, but an emergency permit will only be issued under conditions where the investigations must be initiated or performed prior to the formal issuance of the permit. Legitimate emergency conditions include those situations when archeological deposits are discovered during development or other construction projects or under conditions of natural or man-made disasters that necessitate immediate action to deal with the situation and findings. Permission for construction to proceed may be granted depending upon the results of this level of investigation.(5) Exhumation permit. The excavation of human burials or cemeteries and its associated funerary objects by a professional archeologist, or principal investigator in accordance with the Texas Health and Safety Code, Chapter 711.(6) Human remains testing permit. This permit is issued for the destructive analysis of human remains that are accessioned held-in-trust state associated collections maintained in certified curatorial repositories as described under 13 TAC §29.5 (relating to Disposition of State Associated Collections) and in accordance with the Texas Health and Safety Code, Chapter 711. Destructive analysis may include, but is not limited to, DNA, radiocarbon dating, or isotope analysis. Specific requirements for investigation and reporting may be required by the Commission as part of the permit.(7) Intensive survey permit. This permit category is for the purpose of an intensive 100 percent pedestrian survey of a project or permit area. Components of an intensive survey may include, but are not limited to, archival research, pedestrian survey, shovel and/or mechanical subsurface probing, surface artifact inventories, site recordation, and site assessment. Such a survey can be performed in many ways but must, at a minimum, conform to the Archeological Survey Standards for Texas, which are available through the Commission and the Council of Texas Archeologists. Permission for construction to proceed may be granted depending upon the results of this level of investigation.(8) Monitoring permit. Unless otherwise specifically authorized by the Commission, this permit category is for the purpose of having a professional archeologist on-site to observe construction activities that may or will damage cultural resources. The archeologist is required to report findings and impacts to sites to the Commission. Monitoring may be conducted during or after other phases of archeological investigation and may not involve the need for a separate permit. However, if monitoring is the only investigation deemed necessary relative to a construction activity, then a monitoring permit will be required. If previously unrecorded and significant archeological deposits are recorded during a monitoring investigation, construction activities in the immediate area of the find must stop and the principal investigator must notify the Archeology Division of the find within 24 hours. Specific requirements of monitoring may be required by the Commission as part of the permit.(9) Preservation of rock art. This permit category is for the purposes of preserving, removing, recording, and copying all manner of rock art. Preservation techniques which involve application of brushes, heat, chemicals, water, chalk, petroleum products, or other preparations to the rock surfaces are prohibited unless specifically authorized by the Commission. Specific requirements may be included by the Commission as part of the permit.(10) Reconnaissance survey permit. This permit category is for the purpose of location, inventory, and assessment of cultural resources of a specific area by conducting archival searches and by searching for sites. Reconnaissance is limited to recording site locations, mapping, photographing, controlled surface sampling, and possible limited shovel testing. A reconnaissance survey does not take the place of an intensive survey; it is used to determine whether an intensive survey will be warranted. Specific requirements may be imposed by the Commission as part of the permit. Permission for construction to proceed may be granted depending upon the results of this level of investigation.(11) Testing permit. This permit category is for the purpose of detailed subsurface examination of cultural resources including systematic test excavations of a particular site or area. Testing must be oriented toward sampling a representative portion of a particular site or sites and may be conducted to determine if a landmark contains significant materials. Specific requirements may be imposed by the Commission as part of the permit. Permission for construction to proceed may be granted depending upon the results of this level of investigation.(12) Underwater excavations permit. In order to fulfill justified research objectives, or if damage to significant historic and prehistoric sites cannot be avoided, a full-scale underwater archeological excavation must be carried out under the direct supervision of an underwater archeologist. The intensive investigation and excavation must include documentary research and, for shipwrecks, detailed magnetometer work. Excavations must be supported by adequate equipment and supplies to insure proper recording, preservation, and the recovery of the maximum amount of data. Thorough analysis and a complete report are required. Proper antiquities conservation is required for all artifacts, and all specimens recovered are state property. Specific requirements may be included by the Commission as part of the permit. Permission for construction to proceed may be granted depending upon the results of this level of investigation.(13) Underwater survey permit. Underwater resources include shipwrecks and submerged prehistoric and historic sites. Surveys for these cultural resources are conducted with electronic instrumentation including the proton magnetometer, side-scan and sub-bottom sonar, and positioning systems. In some instances, divers, using scuba gear search for and examine a specific site or structure. Work is conducted under the direct supervision of an underwater archeologist or underwater archeological surveyor. Data acquired are to be rendered to the Commission along with an analysis and report. Specific requirements may be included by the Commission as part of the permit. Permission for construction to proceed may be granted depending upon the results of this level of investigation.(14) Underwater test excavations permit. Significant magnetic and/or acoustic anomalies discovered during survey must be tested by excavation under the direct supervision of an underwater archeologist in order to determine the source of the anomalies. Inspection by divers, coring, or other appropriate means must be used to test the nature of suspected prehistoric or historic sites. In the case of magnetic anomalies, sediment must be removed to allow identification, approximate dating, and determination of the importance of objects and sites found. Any artifacts recovered from state lands are property of the State of Texas. Extensive recovery during testing is discouraged. Accepted standards for provenience control and archeological data recovery must be maintained. Data must be analyzed and rendered to the Commission in a written report. Proper conservation of any artifacts recovered must be carried out. Specific requirements may be required by the Commission as part of the permit. Permission for construction to proceed may be granted depending upon the results of this level of investigation.", "sourceNote": "Source Note: The provisions of this §26.15 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective July 20, 2020, 45 TexReg 4967." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=207950&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "207950", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "ARCHEOLOGY" }, "rule": { "number": "§26.16", "label": "Reports Relating to Archeological Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200403&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200403", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) With the exception of alternative mitigation and rock art preservation permits, a report must be submitted to the commission describing the results of each permitted investigation. The report should meet the Council of Texas Archeologists (CTA) Guidelines for Cultural Resources Management Full or Short Reports, and must be submitted to the commission meeting the following requirements.(1) The report must contain:(A) a title page that includes: the name of the investigation project, the name of the principal investigator and investigative firm, the county or counties in which the investigations were performed, the Antiquities Permit number, and the date of publication;(B) an abstract containing project field dates, project acreage, descriptions of the findings, a list of the sites recorded (with trinomials), and a clarification concerning which artifacts were curated and where they are or will be curated;(C) specific recommendations of which sites merit official designation as landmarks; which sites appear to be eligible for inclusion in the National Register of Historic Places; and which sites will be adversely affected by the proposed project; and(D) map(s) with accurate plottings of the project area and archeological sites.(2) One copy of the draft permit report and associated project area shapefiles must be submitted to the commission for review prior to the production of the final report. The draft report should contain all of the basic content elements required for the final report. The final report must also contain any revisions in the draft that are required in writing by the commission.(3) Upon completion of a permitted project, and at no charge to the commission, the permittee, sponsor, or principal investigator shall furnish the commission and the Texas State Library and Archives Commission, State Publications Depository Program (hereinafter, TSLAC) with printed copies of the final report. The commission's copies shall be one unbound copy and one bound copy containing at least one map with the plotted location of any and all sites recorded, and two versions of the final report in a tagged PDF format, one including the plotted location of any and all sites recorded and the other with the site location data redacted. The TSLAC copy shall be bound and should not contain the plotted location of sites.(4) A completed Abstracts in Texas Contract Archeology Summary Form must also be submitted with the final report. An electronic copy of the abstract and the completed abstract form must also be forwarded to the commission and, when appropriate, a Curation Form must also be submitted with the final report.(b) When Antiquities Permit investigations result in negative findings, the report and curation standards shall meet the CTA Guidelines for Cultural Resources Management Short Reports, and Curation Standards and Procedures, and production must follow the same standards as set forth in subsection (a)(3) of this section.(c) For reports related to alternative mitigation and rock art preservation permits any requirements will be stated in the permit conditions", "sourceNote": "Source Note: The provisions of this §26.16 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective December 31, 2017, 42 TexReg 7383; amended to be effective March 6, 2022, 47 TexReg 908." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200403&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200403", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "ARCHEOLOGY" }, "rule": { "number": "§26.17", "label": "Principal Investigator's Responsibilities for Disposition of Archeological Artifacts and Data" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161962", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Processing. Principal investigators who receive permits shall be responsible for cleaning, conserving, cataloguing, packaging in archival materials; arranging for the curation of all collections, specimens, samples, and records; and for the reporting of results of the investigation.(b) Ownership. All specimens, artifacts, materials, samples, original field notes, maps, drawings, photographs, and standard state site survey forms resulting from the investigations remain the property of State of Texas. Certain exceptions left to the discretion of the Commission are contained in Texas Natural Resources Code, §191.052(b). The Commission will determine the final disposition of all artifacts, specimens, materials, and data recovered by investigations on landmarks or potential landmarks, which remain the property of the State. Antiquities from landmarks are of inestimable historical and scientific value and should be preserved and utilized in such a way as to benefit all the citizens of Texas. Such antiquities shall never be used for commercial exploitation.(c) Housing, conserving, and exhibiting antiquities from landmarks.(1) After investigation of a landmark has culminated in the reporting of results, the antiquities will be permanently preserved in research collections at the curatorial facility approved by the Commission. Prior to the expiration of the permit, proof that archeological collections and related field notes are housed in a curatorial facility is required through the submission of a curation form. Failure to demonstrate proof before the permit expiration date may result in the principal investigator and co-principal investigator falling into default status.(2) Institutions housing antiquities from landmarks will also be responsible for adequate security of the collections, continued conservation, periodic inventory, and for making the collections available to qualified institutions, individuals, or corporations for research purposes.(3) Exhibits of materials recovered from landmarks will be designed in such a way as to provide the maximum amount of historical, scientific, archeological, and educational information to all the citizens of Texas. First preference will be given to traveling exhibits following guidelines provided by the Commission and originating at an adequate facility nearest the point of recovery. Permanent exhibits of antiquities may be prepared by institutions maintaining such collections following guidelines provided by the Commission. A variety of special, short-term exhibits may also be authorized by the Commission.(d) Pursuant to Texas Natural Resources Code, §§191.091 - 191.092, all antiquities found on land or under waters belonging to the State of Texas or any political subdivision of the State belong to the State of Texas. The Commission is charged with the administration of the Antiquities Code of Texas and exercises the authority of the State in matters related to these held-in-trust collections.(e) Decisions regarding the disposal or destructive analysis of held-in-trust collections are the legal responsibility of the Commission. Acceptable circumstances for disposal or destructive analysis are provided by this chapter. Exceptions may be considered by the Commission. Under no circumstances will held-in-trust collections be disposed of through sale.(f) Disposal. The Commission's rules for disposal apply to state-associated collections prior to accessioning from an archeological project on public land or under public water under an Antiquities Permit issued by the Commission.(1) Disposal of state-associated collections from a site on public land or from public water under an antiquities permit issued by the Commission must be approved by the Commission. Approval for anticipated disposal is by means of an approved research design at the time the Antiquities Permit is issued. The manner in which any state-associated collection is to be disposed must be included in the research design. Additional disposal not included in the approved research design must be approved by the Commission prior to any disposal action.(2) The appropriate reasons for disposal of state-associated collections include, but are not limited to, the following:(A) are highly redundant and without additional merit.(B) lack historical, cultural, or scientific value.(C) have decayed or decomposed beyond reasonable use and repair or by their condition constitute a hazard to other objects in the collection.(D) may be subject to disposal as required by federal laws.(3) State-associated collections disposed of after recovery must be documented in the notes and final report, with copies provided to the curatorial facility.(4) The Commission relinquishes title for the State to any state-associated collections approved for disposal. The state-associated collections must be disposed of in a suitable manner.(g) Destructive Analysis. The Commission's rules for destructive analysis apply to state-associated collections that are accessioned and held-in-trust by a certified repository as stated in 13 TAC §29.5(g) (relating to Disposition of State Affiliated Collections). All analysis of artifacts, including human remains, that is destructive in nature and conducted prior to accessioning must be covered by the research design approved for the Antiquities Permit.", "sourceNote": "Source Note: The provisions of this §26.17 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective December 31, 2017, 42 TexReg 7383; amended to be effective July 20, 2020, 45 TexReg 4967." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161962&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161962", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "C", "label": "ARCHEOLOGY" }, "rule": { "number": "§26.18", "label": "Compliance with Rules for Archeological Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187071&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187071", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) If the permittee, project sponsor, principal investigator or other professional personnel, or investigative firm or other professional firm fails to comply with any of the rules of the commission or any of the terms of the specific permit involved, or fails to properly conduct or complete the project, or fails to act in the best interest of the state, or fails to meet terms and conditions of defaulted permits, the commission may cancel the permit and notify the permittee of such cancellation by certified letter, return receipt requested, mailed to the last address furnished to the commission by the permit applicant. When determined to be appropriate and upon notification of cancellation, the permittee, project sponsor, principal investigator and other professional personnel, and investigative firm or other professional firm shall, in the case of ongoing projects, cease work immediately, remove all personnel and equipment, and vacate the area or site within 24 hours. A permit that has been canceled can be reinstated by the commission if good cause is shown within 30 days.(b) A principal investigator and investigative firm or other professional firm shall not proceed with an investigation without applying for and receiving an appropriate permit by the commission, or without having been officially authorized by the commission to proceed prior to issuance of an emergency permit. Failure to meet this requirement may result in the principal investigator, investigative firm, or professional firm being censured and denied issuance of permits for a six-month period. The commission will send a letter of reprimand to the principal investigator and/or investigative firm for each application offense. More than one permit application offense in a one-year period may result in permit censuring for a period of six months for each offense. If the commission determines that more than one permit application offense has occurred in one year, it may direct the staff to censure the principal investigator or other professional personnel, investigative firm, or professional firm in question. The censured parties will then be ineligible to be issued a permit for a period of six months for each offense.(c) Project sponsors and permittees shall not encourage principal investigators, or investigative firms or other professional firms to perform investigations on public lands in the State of Texas without a properly issued permit. Such investigations proceeding with the knowledge of the project sponsor and/or permittee constitute a violation of the Antiquities Code of Texas. Such actions may result in the denial of a permit and prevent authorization for a development project to proceed relative to jurisdiction under the Antiquities Code of Texas. The commission may also require that the investigations performed without a permit be performed again under a properly issued permit.(d) The rules and standards that must be followed in relationship to the curation of artifacts recovered under the jurisdiction of the Antiquities Code of Texas can be found under Chapter 29 of this title (relating to Management and Care of Artifacts and Collections).", "sourceNote": "Source Note: The provisions of this §26.18 adopted to be effective May 20, 2013, 38 TexReg 2980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187071&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187071", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "D", "label": "HISTORIC BUILDINGS AND STRUCTURES" }, "rule": { "number": "§26.19", "label": "Criteria for Evaluating Historic Buildings and Structures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208056&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208056", "queryAsDate": "03/11/2026" }, "ruleBody": "Buildings, structures, cultural landscapes, and non-archeological sites, objects, and districts may be designated as landmarks, provided that the following conditions are met:(1) the property meets at least one of the following criteria:(A) the property is associated with events that have made a significant contribution to the broad patterns of our history, including importance to a particular cultural or ethnic group;(B) the property is associated with the lives of persons significant in our past;(C) the property embodies the distinctive characteristics of a type, period, or method of construction, represents the work of a master, possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction;(D) the property has yielded, or may be likely to yield, information important in Texas culture or history;(2) the property retains integrity at the time of the nomination, as determined by the executive director of the commission; and(3) the property must be listed in the National Register of Historic Places, either individually, or as a contributing property within a historic district. Contributing status may be determined by the Keeper of the National Register or the executive director of the commission.", "sourceNote": "Source Note: The provisions of this §26.19 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective December 31, 2017, 42 TexReg 7383." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208056&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208056", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "D", "label": "HISTORIC BUILDINGS AND STRUCTURES" }, "rule": { "number": "§26.20", "label": "Application for Historic Buildings and Structures Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203954&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203954", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Permit application procedure.(1) Applicant qualification. Only the controlling agency, organization, or political subdivision having administrative control over a publicly owned landmark or the owner of a privately owned landmark (applicant/permittee) may apply for and be issued a Historic Buildings and Structures Permit. It is the responsibility of the applicant to obtain all necessary permissions and signatures prior to submitting a permit application for work on historic buildings, structures, and their sites.(2) Notification. The commission must be notified of any anticipated, planned, or proposed work to a landmark or the site associated with a landmark. Notification must also be given for work to buildings or structures that have been nominated for designation as landmarks. Such notice should be made early enough to allow adequate time to prepare the formal application as described in paragraph (4) of this subsection. The notification must include a brief written description of the project and at least one photograph of the building or structure or affected portion of that building or structure. If a permit is required for the proposed scope of work, the commission staff will provide the applicant with the permit application form and notify him or her of the necessary attachments or application reports within 30 days of receipt of notification. Historic Buildings and Structures Permits can only be required for work to a designated landmark, or a building or structure treated as a landmark under the interim protection described in §26.8 (d) of this title (relating to Designation Procedures for Publicly Owned Landmarks); such permits cannot be required for a property that is eligible but not currently nominated for designation.(A) Normal maintenance and repair. Work that does not have the potential to cause removal, damage or alteration to the integrity, form, or appearance of the materials, features, or landform of the historic building or structure and its site, is considered to be normal maintenance and repair, and therefore exempt from the required notification process, per Texas Natural Resources Code, §191.054. Cleaning surfaces with non-corrosive mild solutions and low-pressure water, repainting window frames or doorways with similar paints, or minor repairs such as replacing putty on windows are examples of normal maintenance and repair. Other work, however, may not constitute normal maintenance and repair. For example, permanent masonry damage can result from use of inappropriate cleaning methods, such as sandblasting, high pressure water cleaning, or the use of unsuitable chemicals, or from use of damaging repointing techniques and materials. Replacing historic windows damages the historical integrity of a building, and painting previously unpainted surfaces constitutes alteration. Such work is not considered normal maintenance or repair.(B) Interior spaces. Nonpublic interior spaces are spaces that are inaccessible to the public, and alterations to those spaces are exempt from the required notification process, per Texas Natural Resources Code, §191.054. The interior spaces to be considered public and therefore not exempt are those spaces that are or were accessible to the public (lobbies, corridors, rotundas, meeting halls, courtrooms, offices of public officials, public employees, and services, etc.), or those that are important to the public because of any significant historical, architectural, cultural, or ceremonial value.(3) Advance review. For more complex projects, it is advisable that the commission staff be consulted early in the planning or design process in order to avoid delays in issuing the final permit.(4) Formal application. All applications should be submitted on the Historic Buildings and Structures Permit application form approved by the commission at least 60 days prior to the commencement of work or issuance of bid documents, whichever comes first. The application form must be submitted electronically with scanned signatures to the commission. The project professional personnel must be a project architect who has the required experience on historic buildings and structures in the type of project work proposed, or other professional as provided for in §26.4(3) of this title (relating to Professional Qualifications and Requirements). At the request of commission staff, the professional personnel must submit a resume demonstrating the required education and experience.(5) Emergency application. If emergency preservation or hazard abatement work must be performed quickly in a crisis situation or due to extenuating circumstances, the minimum 60 day submission requirement may be waived with approval from the commission staff. Staff shall determine appropriate procedures for issuance of emergency permits based on the specific circumstances and urgency of the work.(6) Attachments. All permit applications must be accompanied by digital plans, specifications, or other documents prepared for the project that adequately describe the full scope of work. In addition, digital photographs with a minimum resolution of 300 pixels per inch of the overall building or structure and all areas of proposed work are required.(7) Application reports. See §26.23(a) of this title (relating to Reports Relating to Historic Buildings and Structures Permits) for a discussion of each type of report. In the case of more complex projects, one or more of the following reports may be required with the permit application:(A) historic structure report;(B) historical documentation;(C) architectural documentation; and/or(D) archeological documentation.(8) Project reports. Depending upon the scope of work, one or more of the following reports may be required as a condition of a permit to be prepared during the course of a project and to be submitted upon completion of that project prior to expiration of the permit. All Historic Buildings and Structures Permits require a completion report. For projects that receive a grant under the Texas Historic Courthouse Preservation Program, described in Chapter 12 of this title, the completion report for the grant may suffice in lieu of a separate permit completion report, when specified by the commission. Any other required reports will be specified when the permit is issued. See §26.23(b) of this title for a discussion of each type of report:(A) architectural documentation;(B) archeological documentation;(C) storage report; and/or(D) completion report.(9) Issuance of contract documents. Contract documents should not be issued for bidding purposes before a permit has been issued by the commission under §26.21 of this title (relating to Issuance and Restriction of Historic Buildings and Structures Permits). Since changes may be required for issuance of a permit, the commission will not be responsible for delay caused by amending contract documents after issuance, price increases caused by reissuance of contract documents, or any other such consequences.(b) Standards for the treatment of historic properties. The Secretary of the Interior's Standards for the Treatment of Historic Properties (1995 and subsequent revisions; codified at 36 Code of Federal Regulations Part 68) are hereby adopted by reference by the commission and shall be considered to be a part of this chapter. Copies of these standards are available on the National Park Service website at www.nps.gov/tps/standards.htm.", "sourceNote": "Source Note: The provisions of this §26.20 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective February 29, 2016, 41 TexReg 1440; amended to be effective December 31, 2017, 42 TexReg 7383; amended to be effective March 10, 2022, 47 TexReg 1088." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203954&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203954", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "D", "label": "HISTORIC BUILDINGS AND STRUCTURES" }, "rule": { "number": "§26.21", "label": "Issuance and Restriction of Historic Buildings and Structures Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205048&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "205048", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Issuance of permit. The commission shall review the permit application submitted pursuant to §26.20 of this title (relating to Application for Historic Buildings and Structures Permits) and may issue the permit, issue the permit with special conditions, request additional information for review, request a revised scope of work, or deny the permit application.(1) Review by commission staff. Within 30 days of the receipt of a permit application, staff shall notify the applicant in writing that the permit application is complete and accepted for filing or that the permit application is incomplete and specify the additional information required for review, such as additional drawings, construction details, or product information. The commission will issue or deny the permit within 60 days of the receipt of a complete permit application, unless additional time is required for review by the Antiquities Advisory Board and/or the commission under paragraph (2) of this subsection. The commission will notify the permit applicant if more than 60 days is required to act on the application. Permits are issued by the commission and must be signed by the executive director, the director of the Division of Architecture, or a designated representative. (2) Review by the Antiquities Advisory Board. The executive director may choose to submit the permit application to the Antiquities Advisory Board for its consideration and potential recommendation to the commission for permitting. Permits that are denied by commission staff may be appealed by the applicant to the Antiquities Advisory Board. The board shall review such applications at its next scheduled meeting, provided it shall have a minimum of 30 days to prepare for such review. Recommendations of the board shall be taken to the next scheduled meeting of the commission by the chair of the board or by one of the other commissioners who serve on the board for action thereon. (3) The deadlines in this section may be extended for good cause. In the event a deadline is extended, the commission shall provide notice of the extension and the good cause to the applicant in writing. The applicant may complain directly to the executive director if the staff exceeds the established period for processing permits and may request a timely resolution of any dispute arising from the delay.(b) Terms and conditions. When a permit is issued, it will contain all standard and special terms and conditions governing the project work.(c) Permit period. No permit will be issued for less than six months, nor more than ten years, but may be issued for any length of time within those limits as deemed necessary by the commission in consultation with the applicant and project architect.(d) Transferal of permits. No permit issued by the commission will be assigned by the permittee in whole or in part to any other institution, museum, corporation, organization, or individual without the consent of the commission.(e) Permit expiration. The expiration date is specified in each permit and is the date by which all project work must be complete, including submission of the required completion report and fulfillment of all terms and conditions of the permit. It is the responsibility of the permittee, project architect, and professional firm to meet any and all permit terms and conditions prior to the expiration date listed on the permit.(1) Expiration notification. The permittee and project architect will be notified 60 days in advance of permit expiration.(2) Expiration extension. The permittee or project architect must provide a written request to the commission if an extension of the final due date for completion of the permit is desired. The request must detail the reason(s) an extension is necessary and state when completion of the permit requirements is expected. The Division of Architecture (DoA) of the commission will review the extension request to determine whether an extension is warranted. Permit extensions will be issued by letter and may extend the permit completion due date once for no less than six months and no more than ten years as deemed appropriate. Permit extensions requested for preparation of the completion report, following substantial completion of the permitted work, will be issued for no greater than nine months, unless authorized by the Antiquities Advisory Board. If an additional extension is subsequently requested, the DoA may issue the extension or request that the Antiquities Advisory Board review the request and make a recommendation to the commission regarding further extension. The commission may, by a majority vote of its members, approve or disapprove an additional extension of the final due date of an Antiquities Permit, provided that the following conditions are met:(A) the permittee, project architect, and/or the professional firm listed on the permit must provide written documentation to the Antiquities Advisory Board and give an oral presentation justifying why an additional permit due-date extension is warranted; and(B) justification for the additional extension must show that the extension is needed due to circumstances beyond the control of the permittee, project architect, or professional firm. Examples include, but are not limited to: funding problems or death of the project architect.(f) Expiration responsibilities. Professional firms must ensure that a project architect is assigned to a permit at all times, until all obligations under the permit have been fulfilled, regardless of whether the permit is active or has expired. Expired permits are considered to be in default and will be reported to the Antiquities Advisory Board. Commission staff or the board may request that the permittee, project architect, and/or professional firm appear and give an oral presentation regarding the need for an extension pursuant to subsection (e)(2) of this section, or the board may pursue other remedies as allowed under §26.24 of this title (relating to Compliance with Rules for Historic Buildings and Structures Permits).(g) Permit amendments. Proposed changes in the terms and conditions of the permit must be approved by the commission's executive director, the director of the DoA, or their designated representative. This includes changes in the permitted project plans and specifications that could affect the integrity of the structure, building, or site.(h) Permit hold or cancellation. The commission may place on hold or cancel a Historic Buildings and Structures Permit pursuant to §26.24 of this title under the following circumstances:(1) the death of the project architect;(2) failure of the permit applicant to fully fund the permitted project work;(3) project work undertaken does not comply with the terms, conditions and approved project documents under the permit; and/or(4) violation of §26.24 of this title.(i) Institutions of higher education. If an institution of higher education notifies the commission that it protests the terms of a permit granted to an institution of higher education under this section, the matter becomes a contested case under the provisions of the Administrative Procedure Act, Texas Government Code §2001.051, et seq. The institution of higher education must notify the commission of its protest within 30 days of its receipt of notice of the terms of the permit to initiate a contested case. The hearing officer and the commission will follow the procedures and take into account the criteria listed in Texas Natural Resources Code, §191.021(c). Weighing these criteria against the criteria specified in §26.20(b) of this title (relating to Standards for the Treatment of Historic Properties), the commission shall include a requirement in a permit only if the record before the committee establishes by clear and convincing evidence that such inclusion would be in the public interest.", "sourceNote": "Source Note: The provisions of this §26.21 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective February 29, 2016, 41 TexReg 1440; amended to be effective February 24, 2021, 46 TexReg 1241." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=205048&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "205048", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "D", "label": "HISTORIC BUILDINGS AND STRUCTURES" }, "rule": { "number": "§26.22", "label": "Historic Buildings and Structures Permit Categories" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208057&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208057", "queryAsDate": "03/11/2026" }, "ruleBody": "All work done on historic buildings or structures and their sites will be reviewed, and issued permits when appropriate, in accordance with one or more of the following permit categories. Section 191.054 of the Texas Natural Resources Code authorizes the commission to issue permits for survey and discovery, excavation, restoration, demolition, or study. The following permit categories clarify specific scopes of work within these areas. Restoration is herein understood to include preservation, rehabilitation, restoration, and reconstruction as defined in the Secretary of the Interior's Standards for the Treatment of Historic Properties (Standards), per §26.20(b) of this title (relating to Application for Historic Buildings and Structures Permits).(1) Preservation permit. Preservation is the act or process of applying measures necessary to sustain the existing form, integrity, and materials of a cultural resource, including preliminary measures to protect and stabilize the building, structure, or site. Preservation consists of maintenance and repair of materials, features, or landforms of cultural resources, rather than extensive replacement and new construction. Preservation also includes the conservation of buildings, sites, structures, and objects.(2) Rehabilitation permit. Rehabilitation is the act or process of making possible a compatible use for a property through repair, alterations, or additions, while preserving those portions or features of the property which convey its historical, architectural, or cultural values.(3) Restoration permit. Restoration is the act or process of accurately depicting the form, features, and character of a property and its setting as it appeared at a particular period of time by means of the removal of features from later periods in its history and reconstruction of missing features from the restoration period.(4) Reconstruction permit. Reconstruction is the act or process of depicting, by means of new construction, the exact form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. Reconstruction of a non-surviving cultural resource, or any part thereof within the described limits of a designated landmark, will be reviewed and permitted in light of its impact on the historical, architectural, or cultural integrity of that site. Reconstruction permits may be required for any reconstruction within the boundaries of a landmark that is significant as an archeological site, in addition to other applicable permits described in §26.15 of this title (relating to Archeological Permit Categories).(5) Architectural investigation permit. If the applicant can demonstrate that careful investigation of a building or structure through controlled dismantling or sampling and testing of historic material or later modifications will contribute to the understanding of that building or structure's history, or of the history and culture of Texas in general, a permit for architectural investigation may be issued. This type of permit does not indicate approval for rehabilitation, demolition, or any other type of work, but may require replacement of removed materials or storage of selected samples.(6) Hazard abatement permit. If hazardous materials exist in a historic building or structure and must be abated or removed in a project unrelated to other preservation, restoration or rehabilitation work, then a permit for hazard abatement may be issued. This type of permit does not indicate approval for rehabilitation, demolition, or any other type of work, but may require replacement of removed materials.(7) Relocation permit. Under most circumstances, a permit to relocate a building or structure from its original site will not be issued unless the commission has been satisfied that there is a real and unavoidable threat to the building or structure's existence, and that the applicant has made a thorough effort to find the means to preserve the building or structure on its original site. If relocation is unavoidable, the building or structure should be relocated to a site that resembles its original setting as closely as possible. A relocation permit will require thorough documentation of the relationship between the building or structure and its existing site and documentation of the proposed new site and placement of the building or structure to demonstrate that the new site and setting are comparable to the original. An archeological investigation of both the old and new site locations may also be required.(8) Demolition permit. Under most circumstances, a permit to demolish a building or structure will not be issued unless the commission is satisfied that there is a necessity due to deterioration of the building or structure that constitutes a threat to the health, safety, or welfare of citizens or a real and unavoidable threat to the building or structure's existence. The applicant must show that he or she has made a thorough effort to find the means to preserve the building or structure on its original site or, failing that, to relocate the building or structure to another site with a comparable setting. The applicant must show evidence that he or she has, in good faith, conducted a feasibility study and obtained estimates from appropriate professionals, invited and considered alternative suggestions and proposals, and otherwise explored all reasonable possibilities other than demolition. A demolition permit will require thorough documentation of the building or structure and its relationship to its existing site, as well as archeological investigation, as defined and required by the commission.(9) New construction permit. Any new construction to be built within the described limits of a landmark must be reviewed and permitted in light of its impact on the historical, architectural, and cultural integrity of that cultural resource and its site. The applicant must submit plans, elevations, and sections that adequately describe the full scope of the project and its relationship to the existing building or structure and its site. New construction permits may be required for construction within the boundaries of a landmark that is significant as an archeological site, in addition to other applicable permits described in §26.15 of this title (relating to Archeological Permit Categories).(10) Monuments are considered structures. As such permits for work on monument, or for their removal or relocation shall fall under one or more of the permit categories listed above.(11) Markers are not considered structures and any proposed work on or related to markers must comply with Chapter 21 herein.", "sourceNote": "Source Note: The provisions of this §26.22 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective February 29, 2016, 41 TexReg 1440; amended to be effective May 26, 2021, 46 TexReg 3252." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208057&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208057", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "D", "label": "HISTORIC BUILDINGS AND STRUCTURES" }, "rule": { "number": "§26.23", "label": "Reports Relating to Historic Buildings and Structures Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161968", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Application reports. It is important in the case of complex projects to ensure the historical accuracy and/or appropriateness of the project by gathering and assessing important information relating to the property through investigation, research, and documentation. Based on the scope of a project, one or more of the following application reports may be required to be submitted as a part of the permit application. A permit may not be issued before all required application reports have been received. All application reports must be prepared under the supervision of professionally qualified individuals as specified in §26.4 of this title (relating to Professional Qualifications and Requirements).(1) Historic structure report.(A) Purpose. This report should be utilized to evaluate the existing conditions of the building or structure, to understand the changes to a property over time, to establish preservation objectives for the property, to schedule the accomplishment of these preservation objectives, and to better support the proposed work.(B) When required. When a proposed rehabilitation, restoration, or reconstruction project involves fabricating significant missing architectural or landscape features, recapturing the appearance of a property at one particular period of its history, removing later additions, or significant changes to the building for rehabilitation, a historic structure report must be completed prior to application for a Historic Buildings and Structures Permit.(C) Minimum report requirements. Documentation must follow the guidance of the National Park Service's Preservation Brief 43: The Preparation and Use of Historic Structure Reports (available on the National Park Service website at https://www.nps.gov/tps/how-to-preserve/briefs/43-historic-structure-reports.htm) and should include the following:(i) historical background and context, including:(I) name of the original architect and date of construction;(II) information on important historical events or persons associated with the property;(III) copies of extant historic plans and photographs of the property; and(IV) oral history documentation, when possible;(ii) chronology of development and use;(iii) physical description;(iv) evaluation of significance;(v) condition assessment, including:(I) photographic documentation of the existing conditions (Digital photographs should have a resolution of at least 300 pixels per inch); and(II) architectural drawings of the existing conditions;(vi) historic preservation objectives;(vii) requirements for work; and(viii) work recommendations and alternatives, including intended modifications to the building or structure.(2) Historical documentation.(A) Purpose. Historical research and documentation assist in understanding the changes to a historic property over time and can better support proposed project work.(B) When required. Historical documentation may be required at the request of the commission's staff, executive director, or the Antiquities Advisory Board to support work proposed under a permit.(C) Minimum report requirements. Historical documentation must include the following:(i) name of original architect and date of construction;(ii) history of the use of and known modifications to the structure;(iii) brief history including information on important historical events or persons associated with the structure;(iv) copies of extant historic plans and photographs of the building or structure and site, or documentation of the specific historic features, areas or materials to be affected by proposed restoration or reconstruction work; and(v) oral history documentation to support proposed restoration or reconstruction work, or to document historic structures and buildings proposed for relocation or demolition.(3) Architectural documentation.(A) Purpose. Documentation of cultural resources that will be lost or damaged due to rehabilitation, relocation, or demolition will ensure that a record of the cultural resource continues to exist after the loss or damage.(B) When required. Architectural documentation must precede any work that will damage, alter, obscure, or remove significant architectural configurations, elements, details, or materials. Documentation that meets the required standards must be submitted for rehabilitation and restoration projects that will significantly alter a building, structure, or other cultural resource, and for all relocation and demolition permits.(C) Minimum report requirements. Architectural documentation must meet the Secretary of the Interior's Standards and Guidelines for Architectural and Engineering Documentation (available on the National Park Service website at https://www.nps.gov/HDP/), also referred to as Historic American Buildings Survey (HABS), Historic American Engineering Record (HAER), and Historic American Landscapes Survey (HALS) standards and guidelines. The commission will assign the level of documentation required (levels I-IV) based on the project work proposed and the significance of the cultural resource.(4) Archeological documentation.(A) Purpose. Many standing structures have an archeological component, and archeological remains exist in urban areas as well as rural areas. The information available from archeological investigations in and around a building or structure is important in conjunction with architectural and historical documentation for the synthesis and study of all related material.(B) When required. When development or historic preservation treatment of a historic property makes disturbance of the earth unavoidable, the specific areas affected may need to be tested archeologically to determine if the undertaking will disturb or destroy archeological remains, including subsurface features of an aboveground structure. If the exploratory tests indicate the area has archeological value and if the development plans cannot be altered, the archeological data and artifacts directly affected by the project are to be recovered.(b) Project reports. When the situation indicates it is advisable, one or more of the following project reports may be required to be compiled during the course of a project and submitted along with the completion report. All project reports must be compiled under the supervision of professionally qualified individuals as specified in §26.4 of this title.(1) Architectural documentation. When investigation and documentation is not possible prior to commencement of work because of physical obstruction, or when previously obscured conditions are subsequently discovered, architectural documentation may be required during the course of a project (see subsection (a)(3) of this section).(2) Archeological documentation. When investigation and documentation are not possible prior to commencement of work because of physical obstruction, or when previously obscured evidence is subsequently discovered, archeological documentation may be required during the course of a project. Archeological documentation may be required for relocation or demolition permits (see subsection (a)(4) of this section).(3) Storage report.(A) Purpose. Historic features or materials original to the building or structure or otherwise significant to the building or structure's evolution are important to the understanding of Texas culture and history.(B) When required. When historic features or materials original or otherwise significant to the building or structure's history are removed during the course of a project, selected samples must be stored at the site or at a site approved by the commission, and a storage report must be filed.(C) Minimum report requirements. Documentation must include the following:(i) photo documentation of the structural or architectural elements to be removed in their original position and in storage (Digital photographs should have a resolution of at least 300 pixels per inch);(ii) written documentation of the existing condition of the elements prior to removal; and(iii) written documentation of the storage (preservation) efforts, including the method and location of storage and any conservation efforts made.(4) Completion report.(A) Purpose. When work is done to a historic building or structure, it is important to record the changes that take place so that the building or structure's historic evolution might be completely documented for future study.(B) When required. All Historic Buildings and Structures Permits require completion reports.(C) Minimum report requirements. Written documentation must include the following:(i) title page, including:(I) project name;(II) city, county;(III) permit number;(IV) date of report;(ii) text, including:(I) property name and location;(II) primary personnel (names, titles, addresses, and telephone numbers), including:(-a-) owner;(-b-) lessee;(-c-) architect;(-d-) engineer;(-e-) contractor;(-f-) consultant(s);(-g-) others;(III) scope of work (major categories with corresponding costs);(IV) project dates (beginning and ending);(V) project narrative, including:(-a-) description of work and description of anticipated future work (if any);(-b-) description of special products, materials, and/or building techniques;(-c-) description of intended use of the property; and(VI) index of photographs.(D) Photographic record. Photographic documentation is a significant part of the record of the project work. Representative views, before, during, and after project work, should be of the same area, to clearly illustrate the work as it progresses. Photographs must be digital and should have a resolution of at least 300 pixels per inch. Photographs must include:(i) before construction conditions;(ii) during construction; and(iii) after construction is complete.(E) Report submittal. Submit the required completion report as a pdf (portable document format) file with photographic documentation to the commission.", "sourceNote": "Source Note: The provisions of this §26.23 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective December 31, 2017, 42 TexReg 7383; amended to be effective March 10, 2022, 47 TexReg 1088." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161968&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161968", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "D", "label": "HISTORIC BUILDINGS AND STRUCTURES" }, "rule": { "number": "§26.24", "label": "Compliance with Rules for Historic Buildings and Structures Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "191676", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Failure to seek a permit. Public owners, project sponsors, project architects, and professional firms shall not perform work on a historic building or structure that is designated as a landmark or nominated for designation as a landmark without applying for and having been issued a Historic Buildings and Structures Permit by the commission, or without having been officially authorized by the commission to proceed prior to issuance of an emergency permit. Work proceeding without a properly issued permit, with the knowledge of the public owner or project sponsor, constitutes a violation of the Antiquities Code of Texas and this chapter. The commission may require that remedial work be performed under a properly issued permit to address any damage to the landmark or may deny issuance of a permit for the work and prevent authorization for a development project to proceed relative to jurisdiction under the Antiquities Code of Texas. The commission may also censure a project architect or professional firm for performing unauthorized work, in accordance with subsection (c) of this section.(b) Noncompliance with permit terms. If the permittee, project sponsor, project architect, professional firm, contractor, or craftsperson fails to comply with the terms of a permit, the commission may take action to bring the permit into compliance or censure the responsible firm or individual in accordance with subsection (c) of this section. Noncompliance includes failure to comply with any of the rules of the commission, any of the terms of the specific permit involved, or the Secretary of the Interior's Standards for the Treatment of Historic Properties; failure to properly conduct or complete the project, to complete any required reports, or to meet the terms and conditions of defaulted permits; or failure to act in the best interest of the state.(1) Permit hold. The commission may place a noncompliant permit on hold. In the case of ongoing projects, work must cease immediately. Such hold may be conveyed by verbal or other informal communication from commission staff, to be followed by certified letter, return receipt requested, mailed to the last address furnished to the commission by the permittee. Commission staff will negotiate with the permittee, project sponsor, project architect, or professional firm to amend the permit. If an amendment cannot be reached that would bring noncompliant work into compliance with the rules, the commission staff will refer the permit to the Antiquities Advisory Board.(2) Permit cancellation. The Antiquities Advisory Board will consider cases referred by the commission staff and may recommend that the commission cancel a permit. If a permit is canceled, the commission staff will notify the permittee of such cancellation by certified letter, return receipt requested, mailed to the last address furnished to the commission by the permittee. Upon notification of cancellation, the permittee, project sponsor, project architect, and professional firm shall remove all construction personnel and equipment from the area or site within 24 hours. A permit, which has been canceled, can be reinstated by the commission if good cause is shown within 30 days.(c) Censure. The Antiquities Advisory Board may recommend that the commission censure a project architect, professional firm, contractor, or craftsperson. Such censure will result in the denial of permits to a project architect or professional firm, or the inability of a contractor or craftsperson to perform work under a permit, for a six-month period. Commission staff will send a letter of reprimand for each offense. More than one offense in a one year period could result in permit censuring for a period of six months for each offense.(d) The commission may seek other remedies in accordance with Texas Natural Resources Code, Title 9, Chapter 191, Subchapter F (concerning Enforcement).", "sourceNote": "Source Note: The provisions of this §26.24 adopted to be effective May 20, 2013, 38 TexReg 2980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=191676&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "191676", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "MEMORANDA OF UNDERSTANDING WITH OTHER STATE AGENCIES" }, "rule": { "number": "§26.25", "label": "Memorandum of Understanding with Texas Department of Transportation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "187777", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose and Authority. This section contains the memorandum of understanding (MOU) entered into by the Texas Historical Commission (THC) and the Texas Department of Transportation (TxDOT) in accordance with Texas Government Code, §442.005 and §442.007; Texas Natural Resources Code, §191.0525(f); and Transportation Code, §201.607. The purpose of this MOU is to provide a formal mechanism for expediting THC review of TxDOT's transportation projects that potentially pose adverse effects on cultural resources. This MOU supersedes the previous MOU made effective on May 20, 2013.(b) Applicability.(1) Except as provided in paragraph (2) of this subsection, this section generally applies to:(A) a transportation project for which an environmental review is being or will be performed under 43 TAC Chapter 2 (relating to Environmental Review of Transportation Projects); or(B) any other type of project coordinated by TxDOT in compliance with the requirements of this section.(2) Work in TxDOT right-of-way that is not associated with a project for which TxDOT is the project sponsor under 43 TAC §2.7 (relating to Texas Department of Transportation, Environmental Review of Transportation Projects, General Provisions) is the responsibility of the project sponsor and not of TxDOT (see Texas Natural Resources Code §191.0525). The project sponsor is responsible for coordinating directly with THC for such work. Examples of projects that will be coordinated by the non-TxDOT project sponsor directly with THC include but are not limited to:(A) on-system highway projects funded entirely with local funds;(B) utility relocations or installations within TxDOT right-of-way sponsored by other entities; and(C) driveway and access connections sponsored by other entities.(3) TxDOT transportation projects may be coordinated with THC outside the terms of this MOU with notification of THC.(c) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Antiquities permit--A permit issued by THC in order to regulate the taking, alteration, damage, exhumation, destruction, salvage, archeological survey, testing, excavation and study of State Antiquities Landmarks including prehistoric, historic and underwater archeological sites, and the preservation, rehabilitation, restoration, reconstruction, architectural investigation, hazard abatement, relocation, demolition, or new construction related to historic structures and buildings designated as a State Antiquities Landmark).(2) Area of potential effects (APE)--The geographic space or spaces within which a project may cause changes in the character or use of historic properties, if any such properties exist.(A) The area of potential effects for archeological properties will be confined to the limits of the proposed project right of way (including permanent and temporary easements), utility relocations designated by TxDOT, and project-specific locations designated by TxDOT. The area of potential effects also extends to the depth of impacts caused by the undertaking.(B) The area of potential effects for non-archeological historic properties will be confined to the limits of the proposed project right of way (including permanent and temporary easements), utility relocations designated by TxDOT, and project-specific locations designated by TxDOT.(3) Cultural resources--A general term referring to cemeteries; buildings; structures; objects; archeological sites, including shipwrecks; and districts more than 50 years of age with the potential to have significance in local, state, or national history.(4) Effect--Alteration to the characteristics of a historic property qualifying it for formal designation as a State Antiquities Landmark.(5) Eligibility--A property's eligibility for designation as a State Antiquities Landmark, as set forth in this chapter.(6) Emergency Permit--A permit that may be used by TxDOT under certain emergency circumstances for the purposes of performing investigations prior to formal application for an antiquities permit.(7) Historic property--Any prehistoric or historic district, site, building, structure, or object that meets the requirements for designation as a State Antiquities Landmark as set forth in this chapter.(8) Minor widening--Roadway projects resulting in pavement profile widened to less than double their original width, resulting from adding travel/center-turn lanes or paved shoulders.(9) Project-specific location--The location of specific material sources (e.g., base material, borrow and sand pits) and other sites used by a construction contractor for a specific project.(10) State Antiquities Landmarks (SAL)--Both Archeological and Non-archeological historic properties that are designated as landmarks as defined in Subchapter D of the Antiquities Code of Texas (Texas Natural Resources Code, Chapter 191), or treated as landmarks under the interim protection described in §26.8(d) of this title (relating to Designation Procedures for Publicly Owned Landmarks), and identified in accordance with this chapter.(11) THC--Texas Historical Commission.(12) Transportation project--A project to construct, maintain or improve a highway, rest area, toll facility, aviation facility, public transportation facility, rail facility, ferry, or ferry landing. A transportation enhancement project funded under 23 USC 133(h) is also a transportation project.(13) TxDOT--Texas Department of Transportation.(d) Coordination Responsibilities.(1) TxDOT. The coordination responsibilities of TxDOT under this MOU are defined as follows.(A) All coordination required by this MOU shall be conducted by or through TxDOT's Environmental Affairs Division or its successor as established by TxDOT administration, unless the Environmental Affairs Division (or its successor) and THC agree in writing to allow other appropriate organizational units of TxDOT or other entities approved by the respective agencies to conduct the coordination.(B) TxDOT shall not be a signatory to any permit issued by THC to another entity for work on a project funded or sponsored by such other entity.(2) THC. The coordination responsibilities of THC under this MOU are to conduct any review required by this section in an efficient manner, to provide timely feedback to TxDOT about projects coordinated under this section, and to apply any funding provided by TxDOT solely to the review of TxDOT's projects in a manner that most efficiently streamlines THC's effective review and early coordination.(e) Qualifications of Staff and Use of Consultants.(1) All cultural resource investigations executed under the terms of this MOU shall be implemented by staff who meet the requirements for Professional personnel as designed and set forth in this chapter; or the Secretary of the Interior's Professional Qualification Standards 36 C.F.R Part 61, Appendix 6) and qualified and eligible to receive an Antiquities Permit..(2) TxDOT has the right to perform cultural resource investigations using staff or consultants who meet the professional standards cited in paragraph (1) of this subsection.(3) Cultural resource surveys, investigations, permit applications, and other work performed by consultants shall be coordinated with THC by or through TxDOT's Environmental Affairs Division, or its successor as established by TxDOT administration, unless it and THC agree in writing to allow other appropriate organizational units of TxDOT or other entities approved by the respective agencies to coordinate the work.(f) Projects Excluded from Review for Archeological Sites and Cemeteries.(1) Projects with ground disturbance of less than 100 cubic yards of impacts to undisturbed sediments, by their nature and definition, do not have the potential to affect historic properties. Such projects do not require review of their potential project impacts on archeological resources or cemeteries by THC under this chapter or under this MOU. The following list provides examples of activities with this low level of new disturbance that do not require review of their potential impacts on archeological resources or cemeteries under this chapter or under this MOU:(A) installation, repair, or replacement of fencing, signage, traffic signals, railroad warning devices, safety end treatments, cameras and intelligent highway system equipment;(B) projects involving purchase or acquisition of land without associated ground-disturbing activities;(C) routine structural maintenance and repair of bridges, highways, railroad crossings, picnic areas, and rest areas;(D) in-kind repair, replacement of lighting, signals, curbs and gutters, and sidewalks;(E) crack seal, overlay, milling, grooving, resurfacing, and restriping;(F) replacement, upgrade, and repair of safety barriers, ditches, storm drains, and culverts;(G) intersection improvements, including repair or replacement of overpasses, that require less than 0.5 acres of additional right of way at each intersection;(H) placement of riprap to prevent erosion of waterway banks and bridge piers provided no ground disturbance is required;(I) all maintenance work between a highway and an adjacent frontage road;(J) installation of noise barriers or alterations to existing publicly owned buildings less than 50 years old, to provide for noise reduction except in potential or listed National Register districts;(K) driveway and street connections;(L) all work within interchanges and within medians of divided highways;(M) all work between the flowlines of the ditches and channels and above the original line and grade;(N) ditch and channel maintenance, provided removal of fill is above the original line and grade;(O) repairs needed as a result of an event, natural or man-made, which causes damage to a designated state highway, resulting in an imminent threat to life or property of the traveling public or which substantially disrupts or may disrupt the orderly flow of traffic and commerce;(P) the installation and modification of sidewalks (including the addition of American with Disabilities Act (ADA) ramps) except:(i) sidewalk installations where the depth of impact exceeds one foot;(ii) sidewalk and ADA ramp projects within the historic districts in the following cities or towns: Goliad, Rio Grande City, Roma, San Antonio, San Elizario, and San Ygnacio; and(iii) sidewalk or ADA ramp projects within the limits of the following cities or towns: Anahuac, Nacogdoches, San Patricio, and Socorro;(Q) routine maintenance projects;(R) vegetation control(S) traffic control; and/or(T) routine painting and striping.(2) Design changes for projects that have completed all applicable review and consultation where the new activities would have less than 100 cubic yards of impacts to undisturbed sediments do not require additional review or coordination. or(3) Projects that are exempt from project-specific review for compliance with this chapter and review under this MOU, as specified in paragraphs (1) and (2) of this subsection, are also exempt from compliance with other THC rules regarding project-specific investigations or coordination for potential impacts to cemeteries promulgated under Texas Health and Safety Code, §711.012(c), unless one of the following two conditions is present:(A) pavement would be extended to within 15 feet of the boundary of a known cemetery founded earlier than 1955; or(B) a project element would directly affect known burials.(g) Procedures for Project Coordination when the Project Requires Review for Archeological Sites and Cemeteries.(1) For projects subject to review for archeological sites and cemeteries under this MOU, TxDOT will evaluate the APE for potential project effects to archeological historic properties and to determine whether the APE contains cemeteries. TxDOT must make reasonable efforts and act in good faith when complying with this requirement.(2) TxDOT may approve projects to proceed to construction without review by THC when TxDOT staff finds that the project will not affect archeological historic properties and the project APE will not contain cemeteries.(3) TxDOT will submit projects to THC for review when TxDOT staff finds the project may affect archeological historic properties or the project APE contains cemeteries. TxDOT may, at its discretion, submit projects for THC review in cases where TxDOT staff finds that the project will not affect archeological historic properties, and the project APE does not contain cemeteries.(4) In cases where TxDOT seeks comment from THC on proposed identification and/or evaluation methods, TxDOT will recommend one or more methods.(5) In its request for review TxDOT will make one or more of the following findings, determinations, and recommendations:(A) In cases where no archeological sites or cemeteries occur or are likely to occur in some or all of the APE, TxDOT will propose a finding of no effect in those portions of the APE and recommend that the project proceed to construction in those portions.(B) In cases where an archeological site occurs within the APE but the portion of the site within the APE does not have characteristics that qualify it as an archeological historic property or is not likely to have such characteristics, TxDOT will propose a determination that the portion of the site in the APE is not an archeological historic property, find that the project will have no effect on archeological historic properties at the site location, and recommend that the project proceed to construction at the location of the site.(C) In cases where the portion of a site within the APE has characteristics that qualify it as an archeological historic property, TxDOT will propose a determination that an archeological historic property occurs within the APE.(D) In cases where the APE contains an archeological historic property or cemetery, TxDOT will either propose a finding that the project will have no adverse effect on the site or propose a finding that the project will have an adverse effect on the site.(E) If a project will have an adverse effect on an archeological historic property or cemetery within the APE, TxDOT will also recommend to THC an appropriate means by which to resolve the adverse effect.(i) The resolution of adverse effects may take one of the following forms:(I) the avoidance of the site during construction;(II) an alternative mitigation strategy, such as the preservation of a comparable site or the re-analysis of an existing collection;(III) data recovery excavation or exhumation; or(IV) another form of resolution approved by THC.(ii) In cases where data recovery is the selected means for resolving adverse effects, TxDOT will coordinate with THC at several stages during the data recovery process according to the following procedures, unless TxDOT and THC agree in writing to different procedures:(I) TxDOT will submit an initial data recovery plan as part of a permit application for data recovery to THC for review.(II) TxDOT will submit a brief report, documenting whether the fieldwork met the terms of the initial data recovery plan and justifying any deviation, to THC for review. When appropriate, TxDOT will recommend that the project be approved to proceed to construction and destruction of any remaining portion of the site within the APE.(III) TxDOT will submit a revised data recovery plan, based on a preliminary review of field data and recovered materials, to THC for review. When appropriate, TxDOT will recommend that the revised plan be adopted for the completion of data recovery analysis and reporting.(IV) TxDOT will submit a draft data recovery report to THC for review. When appropriate, TxDOT will recommend that the report be accepted in partial satisfaction of the terms of the permit and in satisfaction of TxDOT's obligations for resolving the adverse effects of the project on the site.(V) TxDOT will ensure that data recovery investigations do not begin before the State of Texas' legal right to ownership of the artifacts to be recovered has been secured.(F) THC will respond within 20 calendar days of receipt of the TxDOT request for review, in accordance with and pursuant to the terms and conditions set out by an interagency contract executed by THC and TxDOT. This final response will include:(i) a statement of concurrence or nonconcurrence with TxDOT's findings and recommendations;(ii) a determination of site eligibility for all evaluated sites; and(iii) any other comments relevant to the archeological sites or cemeteries which could be affected by the project.(6) If THC does not respond within 20 calendar days, TxDOT may assume that THC concurs with TxDOT's findings, determinations, and recommendations and may proceed in accordance with the procedures required in this MOU.(h) Background Studies for Archeological Sites and Cemeteries.(1) For projects subject to review for archeological sites and cemeteries under this MOU, based on the results of background research, TxDOT will identify projects or portions of projects' APEs that require archeological field investigation.(2) Eligibility determinations that TxDOT performs under this MOU will not require field investigations if sufficient background information exists to demonstrate that the portion of the site to be affected does not have potential research value.(3) Determinations that TxDOT makes under this MOU regarding the presence of cemeteries in project APEs may be made through the use of maps, project-area photographs, or other background research.(i) Permits for Archeological Sites and Cemeteries. THC shall issue antiquities permits for reconnaissance survey, intensive survey, monitoring, eligibility testing, exhumations, and emergencies to archeological staff at TxDOT under the following terms:(1) The archeological staff of TxDOT's Environmental Affairs Division, or its successor as established by TxDOT administration, oversees the work.(2) The work shall be completed in accordance with the provisions of the MOU.(3) THC shall not require TxDOT to submit an antiquities permit application.(4) In lieu of a permit application, TxDOT archeological staff shall notify THC in writing (by email or letter) of:(A) the principal investigator;(B) the investigation type and scope of work;(C) the county in which the project will occur;(D) the project name or identifier (site trinomial, if applicable); and(E) the period of time for which the permit is desired.(5) TxDOT staff may initiate work following notification of THC.(6) THC shall issue a permit number within five business days of receiving the notification.(7) TxDOT may revise the type of investigation based on observations made during the conduct of work as long as TxDOT provides to THC notification of the change prior to submission of the report.(8) TxDOT may determine the appropriate amount of time a Principal Investigator will be in the field for a project based on the complexity of the project. TxDOT Principal Investigators will document their estimated proportion of field time in the corresponding reports of investigations.(9) When conditions of natural disasters, man-made disasters, or post-review discovery necessitate immediate action, TxDOT may initiate work under an emergency permit without having first requested and received the permit number subject to each of the following conditions:(A) TxDOT staff shall only conduct work under an emergency permit when archeological deposits are discovered during development or other construction projects or under conditions of natural or man-made disasters that necessitate immediate action to deal with the situation and findings.(B) TxDOT will provide notification to THC to obtain the permit number within five working days of initiating the work.(C) All categories of investigations can be authorized under an emergency permit, but an emergency permit will only be issued under emergency conditions where the investigations must be initiated or performed prior to notification under paragraph (4) of this subsection.(10) THC shall consider the work conducted under the permit completed upon receipt of:(A) one unbound report;(B) two tagged pdf format reports on an archival quality CD or DVD, one containing all maps and locational information and one with maps and locational information redacted;(C) a shape file of the project area subject to investigation; and(D) a completed abstract form.(11) The number of defaulted permits accrued by particular TxDOT staff while working for TxDOT shall not affect the issuance of additional permits to other TxDOT staff by THC for TxDOT projects.(12) The inspection of a project APE or proposed APE for purposes of evaluating the kind of archeological investigation that may be required (scoping) shall not constitute an activity that requires a permit from THC when that activity does not result in a report to be coordinated under the terms of the MOU.(13) All types of archeological investigations conducted by TxDOT but not covered by this section shall require submission of an antiquities permit application and adhere to the terms of the permit and this chapter with the exception that any permit issued to TxDOT under this paragraph, including data recovery permits, shall not include a requirement for project-specific outreach to be completed as part of the scope of work. TxDOT shall conduct public outreach at a program level regarding its activities under this MOU as specified in subsection (s).(j) Surveys for Archeological Sites and Cemeteries.(1) Surveys may be limited to an evaluation of existing impacts or stratigraphic integrity when these activities are sufficient to determine that any sites present are unlikely to be eligible.(2) Eligibility determinations made by TxDOT under this MOU will not require further investigation if TxDOT demonstrates that the portion of the site to be affected is not likely to have sufficient integrity to be eligible.(3) For portions of the APE where deposits may retain sufficient integrity for sites to be eligible, TxDOT survey methods will conform with THC's Archeological Survey Standards, underwater survey standards promulgated in 13 TAC 28 (relating to Historic Shipwrecks), or with other appropriate methods, except as provided in subparagraphs (A) and (B) of this paragraph:(A) TxDOT reserves the right to depart from published survey standards in cases where it deems appropriate.(B) THC reserves the right to review non-standard procedures for their adequacy.(4) Survey methods will be considered adequate for the identification of burials and cemetery boundaries when the portions of the APE within 25 feet of a known cemetery have been investigated and the survey included scraping to a depth adequate to determine whether grave shafts or burials occur in the APE.(5) A survey to identify burials does not comprise an activity with the potential to cause an adverse effect to a historic property.(k) Archeological Eligibility Testing Phase.(1) Each of the following methods will be employed for test excavations:(A) Mechanical trenches will be excavated and profiles documented in order to characterize the area's potential for archeological deposits with sufficient integrity to be eligible to occur at the site.(B) The extent of the site within the APE will be sampled through some combination of shovel-testing, column sampling, augering with an auger diameter of not less than 12 inches, surface collection, and geophysical prospection in order to characterize the distribution of archeological materials across the site.(C) Additional units will be excavated and screened to evaluate site areas that appear to have the best potential for yielding important data with good integrity, based on the results of previous work.(D) The materials analyzed will comprise those materials most likely to contribute important information about prehistory or history.(E) TxDOT reserves the right to depart from these methods in cases where it deems appropriate and shall justify deviations in the report.(F) Testing procedures conducted for underwater archeological investigations shall be coordinated and approved by THC Marine Archeology Program (MAP)(2) Data from test excavation projects shall be made available to qualified researchers.(l) Archeological Excavation and Data Recovery.(1) When appropriate and established in the final research design approved by THC, TxDOT will develop public educational outreach projects for significant data recovery investigations.(2) Data from data recovery projects shall be made available to qualified researchers.(3) Research designs for underwater excavation and data recovery shall be reviewed and approved by the THC MAP.(m) Exhumation.(1) Exhumation is a form of investigation to resolve the adverse effects of a project on a cemetery.(2) Exhumation efforts may be staged as a separate phase of work from burial identification. Following procedures set forth in Texas Health and Safety Code, Chapter 711, exhumation may begin once any required notifications of next of kin or other procedures required by Texas Health and Safety Code, Chapter 711 have been conducted.(3) The following tasks represent a sufficient, reasonable and good faith effort to identify remains and any next of kin associated with burials in unknown or abandoned cemeteries:(A) making inquiries through the local County Historical Commission;(B) posting notices with local news outlets; and(C) posting notices with local churches.(4) An exhumation project is itself not a type of investigation that requires an outreach effort or curation of materials at a state-certified facility.(n) Archeological Sites and Cemeteries found after Award of Contract.(1) When potential historic properties are identified during implementation of a TxDOT project or unanticipated effects on historic properties are determined, work in the immediate area of the discovery shall cease, and TxDOT shall be notified of the discovery; if appropriate, security measures will be initiated to protect the discovery.(2) TxDOT will notify the THC within 48 hours of the discovery.(3) For unanticipated discoveries of archeological materials that do not contain human burials, TxDOT will undertake each of the following additional actions:(A) TxDOT will verify that the discovery does not contain human burials. As necessary, TxDOT will obtain and perform this investigation under an emergency permit or other appropriate Antiquities Permit category.(B) Upon confirmation that the discovery does not contain human burials, TxDOT may allow construction at the site to proceed.(C) TxDOT shall complete or update a State of Texas Archeological Site Data Form based on the available information.(D) TxDOT will find that the property comprises an archeological historic property.(E) TxDOT will develop a mitigation proposal to resolve the adverse effects of the undertaking on the archeological historic property. This proposal shall not necessarily involve any further excavations at the historic property.(F) The level of effort described in the proposal shall be commensurate with the nature of the resource, based on the available information.(G) TxDOT will develop the proposal in coordination with THC and obtain the appropriate Antiquities Permit for this work.(4) For unanticipated discoveries involving human burials, TxDOT shall follow the applicable requirements of the Health and Safety Code, Title 1, Section 711.(A) Work may resume in areas outside the boundaries of the cemetery.(B) Work may resume in a cemetery area if that cemetery has been removed in compliance with the applicable requirements of the Health and Safety Code, Title 1, Section 711.(o) Standard Treatments for Particular Resource Types. Isolated wells or cisterns unassociated with other remains will be treated as follows:(1) Isolated wells or cisterns that post-date 1900 A.D. do not warrant notification of THC or additional investigation. Removal or sealing of these features does not constitute an adverse effect.(2) Isolated wells or cisterns that pre-date 1900 A.D. require research and documentation of their location, construction, condition, and original context. Upon completion of the research and documentation, these features may be backfilled and capped. These activities do not constitute an adverse effect.(p) Artifact Recovery and Curation.(1) Artifact recovery.(A) Artifacts or analysis samples (such as soil samples) that are recovered from survey, testing, or data recovery investigations by TxDOT or their contracted agents that address the research questions must be cleaned, labeled, and processed in preparation for long-term curation unless the artifacts or samples are approved by THC for discard under this chapter and Chapter 29 of this title (relating to Management and Care of Artifacts and Collections).(B) To ensure proper care and curation, recovery methods must conform to the applicable requirements of this chapter and Chapter 29 of this title.(C) Artifacts recovered from underwater testing and data recovery projects require conservation as stated in §26.15 of this title and the conservation facility must be included in the permit application and data recovery plan.(2) Artifact curation.(A) TxDOT or its permitted contractor may temporarily house artifacts and samples during laboratory analysis and research, but upon completion of the analysis, artifacts and accompanying documentation must be transferred to a permanent curatorial facility in accordance with the terms of the antiquities permit.(B) Artifacts and samples will be placed at an appropriate artifact curatorial repository which fulfills the applicable requirements of Chapter 29 of this title, as approved by THC. When appropriate, TxDOT will consult with THC to identify for disposal collections or portions of collections that do not have identifiable value for future research or public interpretation. Final approval regarding the disposition of collections will be made by THC.(C) TxDOT is responsible for the curatorial preparation of all artifacts to be submitted for curation so that they are acceptable to the receiving curatorial repository and fulfill the applicable requirements of this chapter and Chapter 29 of this title, as approved by THC.(q) Documentation for Archeological Sites and Cemeteries.(1) Projects subject to review for archeological sites and cemeteries under this MOU will be documented by TxDOT in the manner described in this section. Documentation in the project file for each such project will include, at a minimum:(A) a description of the project, defining the APE or the investigated portion of the APE in three dimensions;(B) a project location map, plotting the project location on 7.5' Series USGS quadrangle maps;(C) information regarding the setting that is relevant for the assessment of the integrity of any archeological sites within the APE;(D) information on previously-recorded archeological sites in the project location;(E) description and justification of the level of effort undertaken for the investigation; and(F) results and recommendations.(2) All TxDOT survey and testing reports will also include:(A) description and justification of field methods, including the sampling strategy;(B) description and quantification of any archeological materials identified;(C) accurate plotting of any sites found on 7.5' Series USGS quadrangle maps;(D) submission of electronic TexSite archeological site survey forms to the Texas Archeological Research Laboratory; and(E) recommendations regarding whether any site merits further investigation.(r) Quarterly Reports for Archeological Sites and Cemeteries. Reports will be submitted by TxDOT to THC at least once per quarter, within 60 business days after the end of the calendar quarter. The report will list all projects for which TxDOT has documented that no historic properties and cemeteries are present in the project's area of potential effect, and those projects that will have no adverse effects on archeological historic properties and cemeteries.(s) Public Outreach Regarding Archeological Sites and Cemeteries(1) TxDOT will conduct programmatic outreach in order to:(A) broaden understanding of Texas archeology and history and TxDOT's role in studying these topics;(B) capitalize on partnerships to reach more stakeholders and maximize outreach success;(C) create opportunities to do outreach using content from many different projects; and(D) use outreach to establish and maintain a link between TxDOT's public involvement and consultation efforts.(2) The outreach program will take the following forms:(A) TxDOT will develop and implement a communications plan;(B) TxDOT will increase stakeholder outreach by conducting studies of existing and potential audiences, sharing information and opportunities with partners, partnering with other agencies on educational and outreach activities, and participating in conferences and events to raise awareness of TxDOT's work;(C) TxDOT will create special projects or campaigns to support the goals of the program;(D) TxDOT will streamline public involvement by working with other internal offices to identify and engage with parties who may wish to engage in consultation on FHWA undertakings under Section 106 of the National Historic Preservation Act; and(E) TxDOT will monitor the effectiveness of its efforts and make appropriate adjustments to achieve the outreach goals.(t) Projects Excluded from Review for Non-Archeological Historic Properties.(1) For the purposes of this subsection, the term historic properties will refer only to non-archeological historic properties.(2) Based on previous coordination outcomes, TxDOT and THC agree that the following types of routine roadway projects pose limited potential to affect historic properties:(A) maintenance, repair, installation, or replacement, of transportation-related features, including fencing, signage, traffic signals, railroad warning devices, safety end treatments, cameras and intelligent highway system equipment, non-historic bridges, railroad crossings, lighting, curbs and gutters, safety barriers, ditches, storm drains, non-historic culverts, overpasses, channels, rip rap, and noise barriers;(B) maintenance and in-kind repair of designated historic bridges, picnic areas, rest areas, roadside parks, and culverts;(C) maintenance, repair, or replacement of roadway surfacing, including crack seal, overlay, milling, grooving, resurfacing, and restriping;(D) maintenance, repair, reconfiguration, or correction of roadway geometrics, including intersection improvements and driveway and street connections;(E) maintenance, repair, installation or modification of pedestrian and cycling-related features, including American with Disabilities Act ramps, trails, sidewalks, and bicycle and pedestrian lanes unless on historic properties protected as SAL, county courthouse, or by preservation easement or covenant.;(F) maintenance, repair, relocation, addition, or minor widening of roadway, highway, or freeway features, including turn bays, center turn lanes, shoulders, U-turn bays, right turn lanes, travel lanes, interchanges, medians, and ramps;(G) maintenance, repair, replacement, or relocation of features at crossings of irrigation canals, including bridges, new vehicle crossings, bank reshaping, pipeline and standpipe components, canal conversion to below-grade siphons, and utilities;(H) repairs needed as a result of an event, natural or man-made, which causes damage to a designated state highway, resulting in an imminent threat to life or property of the traveling public, or which substantially disrupts or may disrupt the orderly flow of traffic and commerce;(I) design changes for projects that have completed all applicable review and consultation where the new project elements comprise only one or more of the activities listed in paragraph (2) of this subsection; and(J) other kinds of undertakings jointly agreed to in writing by THC and TxDOT as not requiring review.(3) For projects described in paragraph (2)(A) - (J) of this subsection, TxDOT qualified professional staff shall determine whether additional evaluation is required due to direct effects to historic properties. If no such evaluation is deemed necessary, such projects are determined to pose no effect on historic properties and do not require review by THC under this chapter or under this MOU.(4) For review-exempt projects, documentation shall be limited to that maintained in TxDOT's project files. THC may audit TxDOT files for specific projects upon request.(u) Procedures for Project Coordination when the Project Requires Review for Non-Archeological Historic Properties.(1) Historic properties. For the purposes of this subsection, the term historic properties will refer only to non-archeological historic properties.(2) Internal Review Projects. For projects subject to review for historic properties under this MOU, TxDOT qualified professional staff shall determine the presence or absence of historic properties in the area of potential effects. Such efforts should focus on the types of historic properties within public rights-of-way and other sensitive areas, including but not limited to historic bridges, historic road corridors, historic roadside parks and rest areas, historic Depression Era masonry culverts, historic districts, historic courthouse squares and other historic commercial zones. Project activities that TxDOT determines will have no effect or no adverse effect on historic properties may be internally reviewed by TxDOT and are approved for construction.(3) Coordinated Projects. If TxDOT qualified professional staff determines that a project requires individual coordination with THC for a courthouse review, easement review, or antiquities permit or due to a potential adverse effect on historic properties, TxDOT shall submit that project to THC:(A) THC will respond within 20 calendar days of receipt of TxDOT's request for review, in accordance with the terms set out by an interagency contract adopted by THC and TxDOT, by indicating whether an affected historic property will require a historic structures permit for an SAL, whether THC intends to initiate an SAL nomination for the affected property, or whether additional consultation pursuant to a preservation easement or covenant will be required. If THC does not respond within 20 calendar days, TxDOT may assume THC's concurrence with its determinations, and TXDOT may proceed with the project to construction; and(B) in accordance with Texas Government Code §442.008 and §17.2 of this title (relating to Review of Work on County Courthouses), TxDOT will notify THC of any work affecting a county courthouse or its surrounding site, up to and including the curb. THC will respond within 20 calendar days of receipt of TxDOT's notification by indicating whether a historic structures permit for an SAL or additional consultation pursuant to a preservation covenant or easement will be required;(4) Documentation. For projects that are internally reviewed or individually coordinated under paragraphs (2) and (3) of this subsection, TxDOT will comply with the following project documentation requirements:(A) For projects that are internally reviewed under paragraph (2) of this subsection, TxDOT shall retain all documentation in the project file and will provide documentation to the THC upon request with memos and basic project information submitted through the THC's electronic review and compliance (eTRAC) system or other means as appropriate.(B) For projects that are individually coordinated under paragraph (3) of this subsection, documentation submitted to THC will include:(i) project description and scope;(ii) project location map with delineation of the APE and location of historic properties;(iii) methodology used to identify historic properties;(iv) photographic and descriptive information for each identified property;(v) justification for findings of historic properties, including setting, integrity, and contextual information;(vi) justification of effects on historic properties, including evaluations, reports, and other information relevant to the findings by TxDOT; and(vii) a description of efforts to avoid or minimize harm, mitigation, and commitments.(v) Project File. TxDOT's Environmental Compliance and Oversight System (ECOS) is the project file of record for each project coordinated under this MOU.(w) Denial of Access. In cases where access to private land for conducting investigations is denied prior to the approval of the environmental review document, TxDOT will make a commitment to complete appropriate investigations once access is obtained, but prior to any construction related impacts.(x) MOU to Govern TxDOT Procedures. TxDOT satisfies applicable THC requirements if it utilizes the procedures of this MOU in lieu of other applicable THC procedures. In cases where TxDOT is utilizing this MOU in lieu of other THC procedures, TxDOT must follow the requirements of this MOU.(y) Project-Specific Agreements. Any project-specific agreements reached between TxDOT and THC regarding the evaluation or treatment of project effects shall be honored by both parties and shall supersede the requirements of this MOU. TxDOT and THC may deviate from the terms of the agreement only when both parties concur that the agreement requires revision.(z) Continuous Improvement Agreement. TxDOT and THC agree to collaborate on improvements to their programs and development of innovative solutions for expedited review procedures. Such mechanisms may include using project outcomes to refine approaches to resource identification, evaluation, treatment methods, programmatic mitigation measures and interagency agreements that facilitate early coordination, and streamlining and expedited review of TxDOT's transportation projects.(aa) THC Review of TxDOT Project Files. THC may review TxDOT project files for specific undertakings carried out under this MOU. THC may recommend process improvements based on issues identified during the review.(bb) Dispute Resolution. THC and TxDOT staff will be responsible for attempting to resolve any conflict between THC and TxDOT that results from the implementation of this section before elevating to agency management.(cc) Review of MOU. This MOU shall be reviewed and updated as provided by law or by agreement between the parties. THC and TxDOT agree to convene every four years to review, update, or extend this agreement.", "sourceNote": "Source Note: The provisions of this §26.25 adopted to be effective August 16, 2018, 43 TexReg 5199." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=187777&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "187777", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "E", "label": "MEMORANDA OF UNDERSTANDING WITH OTHER STATE AGENCIES" }, "rule": { "number": "§26.27", "label": "Memorandum of Understanding with Texas Parks and Wildlife Department" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "203955", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Introduction. It is the public policy and in the interest of the State of Texas to locate, protect, and preserve archeological sites and historic properties situated on public lands. Furthermore, it is in the public interest to enter into agreements to provide for timely and efficient construction of transportation facilities, reservoirs, public buildings, parks, and infrastructure. Memoranda of Understanding (MOU) and Memoranda of Agreement (MOA) are formal agreements which provide for the preservation of environment and cultural resources; wise, productive use of the cultural and natural resources; good stewardship of publicly owned landmarks; and protection of public and private investment in historic preservation.(b) Primary Considerations and Stipulations. All agreements are subject to this chapter. Primary considerations in the development of permit specific memoranda shall include the significance of the cultural resource(s), and the nature of the impact of the project on the cultural resource(s). The memoranda will stipulate basic information related to the data recovery program for each permitted project, including, but not limited to: the significance of the area to be excavated; the methods and techniques to be employed; the coordination of the excavation with project construction schedules; and the estimated budget for all phases of work related to the investigation, including artifact analysis and report production. Memoranda of Understanding between the Texas Historical Commission (THC) and the Texas Parks and Wildlife Department (TPWD) follow.(c) TPWD will comply with the provisions of this section. For the purpose of this section, \"TPWD lands\" means lands owned or under the control of TPWD.(1) General Provisions.(A) TPWD shall:(i) require that all archeological investigations on TPWD lands are conducted under Antiquities Permits obtained by persons who meet THC requirements for principal investigator as listed in §26.4 of this title (relating to Professional Qualifications and Requirements);(ii) notify the THC of pending construction and maintenance projects in accordance with all applicable provisions of this section;(iii) perform and report on construction monitoring, archeological surface reconnaissance, and intensive cultural resource surveys on TPWD lands, in accordance with all applicable provisions of this section; and(iv) notify THC when cultural resources are discovered on TPWD lands.(B) THC will issue an annual Antiquities Permit for investigations on TPWD lands to the TPWD Cultural Resources Program Director by January 15th of each year that this MOU is in effect, upon a finding by THC of successful completion by TPWD of the annual Antiquities Permit issued two years before that date.(C) This MOU may be revised and amended upon the agreement of TPWD and THC.(2) THC Archeological Review of Proposed Projects on TPWD Lands.(A) Projects reviewed by THC. Construction or maintenance projects on TPWD lands that impact the ground surface or subsurface shall be submitted for THC review prior to project inception, when the project:(i) impacts a total or cumulative area of potential effect greater than ten (10) acres and involves construction or maintenance activities in areas where similar activities have not occurred before;(ii) consists of disking, plowing, or other periodic activities impacting a total or cumulative area of potential effect greater than 120 acres, even if similar activities have occurred in that area before;(iii) is new or replacement fence construction that involves new fence line roads, fire lanes, bulldozing, or other ground-disturbing activities aside from post holes and impacts a total or cumulative area of potential effect greater than ten (10) acres;(iv) is grading or maintenance of a road or fire break when the road or fire break, water diversion features, and/or its ditches will be lengthened, widened, or deepened beyond previous disturbance from construction and/or maintenance holes and impacts a total or cumulative area of potential effect greater than ten (10) acres;(v) involves activities related to prescription burning of any kind that disturb the ground surface or subsurface in areas larger than ten (10) acres where similar activities have not occurred before; or(vi) is any type of project not described in subparagraph (B) of this paragraph.(B) Projects not reviewed by THC. Construction or maintenance projects on TPWD lands that result in no impact to the ground surface or subsurface will not be reviewed by THC prior to project inception. In addition, construction or maintenance projects on TPWD lands that result in impact to the ground surface or subsurface will not be reviewed by THC prior to project inception when the project:(i) impacts a total or cumulative area of potential effect of five acres or less;(ii) consists of disking, plowing, or other periodic activities impacting a total or cumulative area of potential effect of less than 120 acres where similar activities have occurred before;(iii) is new or replacement fence construction that does not involve new fence line roads, fire lanes, bulldozing, or other ground disturbing activities aside from post holes and impacts a total or cumulative area of potential effect greater than ten (10) acres;(iv) is grading, disking, or other maintenance of a road or fire break when the road or fire break, related water diversion features, and/or its ditches will not be lengthened, widened, or deepened beyond previous disturbance from construction and/or maintenance holes and impacts a total or cumulative area of potential effect greater than ten (10) acres; or(v) is prescription burning or hand clearing of any kind that does not disturb the ground surface, historic structures, and/or rock art.(C) Prior THC approval of ground-disturbing projects. Projects that involve continuing impacts of the same nature and extent approved by THC need not be reviewed again if no archeological sites have been recorded within those project areas. THC will review continuing impacts of the same nature and extent in areas where archeological sites are present at 10 year intervals from the original date of approval to proceed.(D) TPWD review of projects. TPWD will review all projects that have the potential to impact cultural resources. Notwithstanding the provisions of this subparagraph, TPWD may elect to initiate archeological investigations when proposed projects have the potential to impact cultural resources, on the recommendation of the Cultural Resources Program Director.(E) TPWD will provide cultural resources training to State Parks and Wildlife Management Area personnel. On the direction of the Cultural Resources Program Director (CRPD), Wildlife Facilities Coordinator (WFC), or their designees, TPWD personnel who have received cultural resources training within the past 5 years may observe construction and maintenance activities, to ensure that cultural resources are considered during TPWD activities. If any archeological sites are revealed by such activities, TPWD personnel will report them to the CRPD, WFC, or their designees.(3) Procedures for Proposed Projects.(A) Notification to THC of proposed projects. TPWD shall send THC written or electronic notification no less than 30 days in advance of proposed projects that require review under paragraph (2)(A) of this subsection, and/or Section 106 of the National Historic Preservation Act (16 U.S.C. §470f). In rare cases when a response from THC is needed in less than 30 days, notification may be made by telephone or electronic mail, with a written or electronic notification to follow. Project review requests concerning Wildlife Management Areas shall be directed to THC through the WFC or their designee, and project review requests concerning State Parks and other TPWD properties shall be directed to THC through the CRPD or their designee. Each notification must include information on:(i) the type of project that is proposed, including the nature and extent of its impacts;(ii) any prior impacts that have affected the project area;(iii) locational data for the project area and any known archeological sites in the vicinity; and(iv) any known archeological sites and/or archeological investigations within the proposed project area.(B) THC response to project review requests. THC shall respond in writing (hard copy or electronic format) to each project review request within 30 days of its receipt. Archeological investigations may be deemed necessary by THC as a result of this review. If THC does not respond to TPWD within that period of time, TPWD may proceed with internal authorization of the proposed project without further notice to THC.(C) THC approval of proposed projects. When THC concurs with a finding of a qualified TPWD archeologist or archeologist contracted by TPWD that no archeological sites are located in a proposed construction area or that a proposed project will not adversely impact cultural resources, TPWD may proceed with the project on receipt of written concurrence (hard copy or electronic format) from THC.(D) Archeological site evaluation. When a qualified TPWD archeologist or archeologist contracted by TPWD identifies an archeological site or sites in a proposed project area, he or she will evaluate whether each site appears to merit official State Antiquities Landmark designation under §26.10 of this title (relating to Criteria for Evaluating Archeological Sites).(E) Protection of significant sites. If adverse impacts to an archeological site(s) can be avoided during construction, the archeologist will mark the site in the field and TPWD personnel will not damage that area or a TPWD archeologist will provide GIS data to field staff who will mark the archeological site for protection. If TPWD conducts vegetation clearing on significant archeological sites, it shall be done by hand to avoid damage to the site. On-site decisions made by TPWD archeologists regarding protective measures for archeological sites will be respected by TPWD employees and contractors, and will balance the need to conserve significant sites with timely project completion.(F) Mitigation of impacts to significant sites. If an archeological site that merits official State Antiquities Landmark designation would be adversely impacted by a proposed project, TPWD will propose mitigation measures and request THC consultation and recommendations. If TPWD or THC ascertains that further investigations are necessary prior to or during a construction or maintenance project, these investigations must be performed before the project may proceed.(G) Archeological site discovery. Whenever cultural resources are discovered on TPWD lands, they will be reported to the CRPD, WFC, or their designees, who will report this information to THC and maintain central repositories of cultural resource information.(4) THC Review and Coordination of Third Party Projects on TPWD Lands.(A) TPWD will ensure that archeological investigations conducted on TPWD lands on behalf of other entities promote the identification and conservation of cultural resources.(B) TPWD will require principal investigators conducting archeological investigations on TPWD lands on behalf of third parties to obtain individual Antiquities Permits for those investigations.(C) THC will notify TPWD if they should become aware of proposed archeological investigations on lands that TPWD manages, but are owned by another entity, and/or that are sponsored by an entity other than TPWD.(D) THC shall issue Antiquities Permits to entities conducting archeological investigations on TPWD lands on behalf of third parties, only after receiving written (hard copy or electronic format) notice that TPWD has approved the research designs, scopes, methods, and reporting requirements for those permits, and the CRPD, WFC, or their designee has signed the Landowner's Certification on those permit applications.(E) THC will notify TPWD prior to granting permit extensions.(F) TPWD will require that background research for archeological projects on TPWD lands is conducted at the TPWD Archeology Laboratory in Austin prior to the field investigations, unless otherwise stipulated.(G) TPWD will review all reports or sections of reports for archeological investigations on TPWD lands, regardless of whether those projects extend beyond TPWD boundaries. The CRPD, WFC, or their designee will provide written (hard copy or electronic format) comments on draft reports within 30 days to the principal investigator, and principal investigators shall provide revised draft reports to TPWD in which TPWD comments are addressed. After TPWD concurs that those comments have been addressed, TPWD will submit reports to THC for review, under a cover letter from the CRPD, WFC, or their designee notifying THC that those draft reports have been reviewed and approved by TPWD. In all phases of investigations, third parties will communicate with THC only through CRPD, WFC, or their designee.(5) Scope of TPWD Annual Antiquities Permit Archeological Investigations.(A) Archeological investigations. The annual permit authorizes construction monitoring, surface reconnaissance, shovel test excavation, controlled unit excavation up to 1 by 1 meter in horizontal dimension, mechanical testing, rock art recording and conservation, and intensive cultural resource surveys of TPWD lands up to 200 acres per project conducted during that calendar year.(i) Reconnaissance surveys as defined in §26.15 of this title (relating to Archeological Permit Categories) conducted under the annual permit may exceed 200 acres per project.(ii) Up to twelve (12) backhoe or other mechanical trench excavations may be used during survey-level investigations to determine whether buried cultural deposits exist, and to obtain geoarcheological (geomorphological) data.(iii) The following investigations are not authorized under this permit. Intensive surveys covering over 200 acres and/or advanced archeological investigations such as testing or data recovery as defined in §26.15 of this title (relating to Archeological Permit Categories) will not be conducted under this permit. Architectural investigations are not authorized under this permit.(B) Qualifications. Investigations will be conducted under the supervision of qualified TPWD archeologists or, at the discretion of the CRPD, archeologists contracted by TPWD who meet THC requirements for principal investigator as listed in §26.4 of this title. The CRPD, WFC, or their designees may designate qualified TPWD archeologists to serve as Principal Investigators for particular projects.(C) Standards. All archeological investigations performed on TPWD lands must meet current professional archeological standards as promulgated by the Council of Texas Archeologists.(6) THC Review of Reports on Archeological Investigations under annual Antiquities Permit.(A) Archeological investigations conducted on TPWD lands under the annual Antiquities Permit that require THC review under paragraph (2)(A) of this subsection or other state or federal regulations will be reported in the annual Antiquities Permit report. At the discretion of the CRPD, additional investigations that do not require THC review may be included in the annual Antiquities Permit report, and will be clearly designated as such.(B) Interim reports. When TPWD seeks project approval from THC as a result of archeological investigations conducted on TPWD lands under the annual Antiquities Permit, the CRPD, WFC, or their designees may send THC a concise interim report on the findings of the investigations. The interim report will contain information on:(i) the type of project that is proposed, including the nature and extent of its impacts;(ii) any prior impacts that have affected the project area;(iii) locational data for the area of archeological investigations and any archeological sites encountered;(iv) a summary of the scope, findings, and conclusions of the archeological investigations;(v) evaluations of each archeological site's suitability for official State Antiquities Landmark designation under §26.10 of this title (relating to Criteria for Evaluating Archeological Sites); and(vi) a project approval request or recommendations for further work, as appropriate.(C) THC review of interim reports. THC shall respond in writing (hard copy or electronic format) to interim reports within 30 days of receipt. When appropriate, THC will concur with the report findings and recommendations after review. If THC does not respond to TPWD within that period of time, TPWD may proceed with internal authorization of the proposed project without further notice to THC.(D) Draft reports. TPWD archeologists and archeologists contracted by TPWD who conduct investigations under the annual Antiquities Permit at the discretion of the CRPD shall provide the CRPD with concise, informative draft reports with supporting documents. All interim reports described in subparagraph (B) of this paragraph will be expanded into draft reports meeting the requirements of the Council of Texas Archeologists Guidelines for Cultural Resources Management Short Reports. The archeologist will submit shapefiles of areas investigated and copies of TexSite forms for the sites described in the report to the CRPD along with each draft report. All sites shall have trinomial designations assigned by the Texas Archeological Research Laboratory, The University of Texas at Austin.(E) Draft annual Antiquities Permit report. The TPWD draft annual Antiquities Permit report on each year's investigations will be compiled and edited by the CRPD or their designee, and the CRPD will submit the report to THC for review by May 1 of the following year. THC shall provide comments in writing (hard copy or electronic format) on the draft annual report within 30 days of receipt. If THC does not respond to TPWD within that period of time, TPWD may proceed with publication of the final annual report without further notice to THC.(F) Final annual Antiquities Permit report. The final TPWD annual Antiquities Permit report shall be in a format that conforms to §26.16(a)(1) of this title (relating to Reports Relating to Archeological Permits). Upon approval of the draft annual Antiquities Permit report by THC, TPWD will submit the final report to THC no later than 120 days after TPWD has received THC approval, and will distribute copies in accord with §26.16 of this title.", "sourceNote": "Source Note: The provisions of this §26.27 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective February 25, 2018, 43 TexReg 1045." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=203955&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "203955", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "26", "label": "PRACTICE AND PROCEDURE" }, "subchapter": { "number": "F", "label": "REMOVAL OF DESIGNATIONS" }, "rule": { "number": "§26.28", "label": "Removal of Designations for Privately or Publicly Owned Landmarks" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "100941", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The public or private owner of property on which a landmark is designated pursuant to this Chapter may apply to the commission for removal of the landmark designation. The application must be submitted to the commission on a form approved by the commission, and the commission will determine whether the application is complete. The application shall indicate the basis for the property's original designation as an archeological site, shipwreck, cache or collection, historic building or structure, or any combination thereof, per the criteria for evaluation specified in §§26.10 - 26.12 and §26.19 of this title (relating to Criteria for Evaluating Historic Buildings and Structures).(1) If the owner of the property is a public entity, or if the property was, at the time of its designation, owned by a public entity, the applicant owner must also give notice of the application at their own expense in a newspaper of general circulation published in the city, town, or county in which the building, structure or site is located. If no newspaper of general circulation is published in the city, town, or county, the notice must be published in a newspaper of general circulation in an adjoining or neighboring county to that in which the landmark is located. The notice must:(A) be printed in 12-point boldface type;(B) include the exact location of the building or site; and(C) include the name of the applicant/owner of the building or site.(2) An original copy of the notice and an affidavit of publication signed by the newspaper's publisher must be submitted to the commission with the application form. This notification must be received by the commission a minimum of 60 days prior to a regularly scheduled public meeting of the commission at which the application may be considered. All decisions regarding when an application will be considered by the commission will be made by the executive director of the commission.(3) Applications must be accompanied by a deed or other legal description of the property at issue.(b) Evaluation. The executive director of the commission will determine whether the application is complete and acceptable, whether the property is eligible for landmark designation removal, and when the application will be placed on the agenda of one of the commission's public meetings. In support of such determinations, the commission's staff will review the property according to the criteria for evaluation specified in §§26.10 - 26.12 and §26.19 of this title.(c) Notification of nomination. If the commission's staff wishes to apply to remove a property's landmark status, it must give the owner a written notification that an application will be considered by the commission at one of its regularly scheduled public meetings. This notification must be received by the owner a minimum of 30 days prior to the regularly scheduled public meeting of the commission at which the application is scheduled to be presented. The commission must also send the owner site information on the proposed application.(d) Presentation of applications. For landmarks eligible for designation removal, commission staff will evaluate the application and make a recommendation on whether removal is appropriate. Applications and staff recommendations will be presented to the Antiquities Advisory Board. Written notice of the time and location for presentation to the Board will be sent to the owner. The Antiquities Advisory Board will review each application, the staff recommendations related to each application, and any testimony given by the owner of the property and the public at large. The Antiquities Advisory Board will then determine by majority vote whether or not the landmark has any further historical, archeological, educational or scientific value, and whether or not it is of sufficient value to warrant its further classification as a landmark. The Board will then pass on its recommendations regarding each application to the commission. The chair of the Antiquities Advisory Board, or one of the other commission members who serve on the Antiquities Advisory Board, will present the application and recommendations to the commission at one of its public meetings.(e) Comment period. No vote on removal of designation may be taken by the commission for a minimum period of 30 days after the Antiquities Advisory Board presents its recommendation to the commission, during which time all concerned parties may present information to the commission in support of or against the application. Comments may be submitted to the commission at any time prior to the vote described in subsection (f) of this section, including during public testimony at the commission meeting where the vote will occur. Comments should address the property's merits in light of the criteria specified in §§26.10 - 26.12 and §26.19 of this title. This 30 day comment period may be waived by the commission on application by the owner if the commission finds that good cause exists.(f) Presentation of application and vote. Unless waived by the commission pursuant to subsection (e) above, after the minimum comment period of 30 days has elapsed, the commission may consider the application for removal of designation at one of its public meetings. The owners of the property will be informed of the agenda by written notice at least 30 calendar days in advance of the meeting date. Any person may present information on the application or testify at the meeting when the final decision is to be made. The commission will then determine by majority vote whether or not the landmark has any further historical, archeological, educational or scientific value, and whether or not it is of sufficient value to warrant its further classification as a landmark. The commission may vote to approve or to deny the request for removal of designation, to request further information, or to make any other decision.(g) Notification of removal of designation. Written notification of the commission's decision regarding the removal of designation of a property as a landmark will be forwarded to the owner.(h) Marker. If the commission approves an application to remove landmark designation, the owner must, within 30 days and at their own expense, remove any plaques or markers identifying the property as a State Antiquities Landmark, and deliver the same to the Texas Historical Commission at the address designated in the written notification provided by the commission.(i) Recording. If the commission approves an application to remove landmark designation, it shall execute and record in the deed records of the county in which the site is located an instrument setting out the determination.(j) Privileged or restricted information. The location of archeological sites is not public information. However, information on sites may be disclosed to qualified professionals as provided by Chapter 24 of this title (relating to Restricted Cultural Resource Information). In order to comply with Chapter 24, applications for removal of landmark status from designated archeological sites may vary from other applications submitted under this section.", "sourceNote": "Source Note: The provisions of this §26.28 adopted to be effective February 24, 2021, 46 TexReg 1242." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=100941&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "100941", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "28", "label": "HISTORIC SHIPWRECKS" }, "rule": { "number": "§28.1", "label": "Purpose and Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137435&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "137435", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The purpose of these sections is to describe avoidance or protection procedures applicable to persons who conduct or cause to be conducted any activity which would cause damage to sunken or abandoned pre-twentieth century ships and other historically significant wrecks of the sea.(b) Scope. These sections apply only to activities that would cause damage to sunken or abandoned pre-twentieth century ships and other historically significant wrecks.(c) Claim of title. These sections do not purport to alter any ownership or claim of title by the state to any sunken or abandoned pre-twentieth century ships and wrecks of the sea.", "sourceNote": "Source Note: The provisions of this §28.1 adopted to be effective March 18, 2003, 28 TexReg 2316." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137435&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "137435", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "28", "label": "HISTORIC SHIPWRECKS" }, "rule": { "number": "§28.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "137436", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Avoidance Margin--the area around a significant magnetic anomaly or sonar target in which the proposed activity cannot occur, i.e. the anomaly or target must be avoided by the margin, unless the source of the anomaly or target is investigated and shown, to the satisfaction of the commission, to be not historically significant or is mitigated in some fashion approved by the commission. The avoidance area will generally be defined by a circle or oval, the outer limits of which are separated from the approximate outer edges of the contoured magnetic anomaly by the appropriate avoidance margin.(2) Commission--the Texas Historical Commission.(3) Person--any individual, firm, partnership, association, corporation that is public or private and profit or nonprofit, trust, political subdivision, agency of the state, or agency of the federal government who conducts or causes to be conducted any activity which would cause damage to a state archeological landmark.(4) Shipwreck--any watercraft or aircraft that is 50 years old or older, including any part of them or contents of them, and is sunken or abandoned in, on, or under the surface of any land, including submerged land, belonging to the State of Texas or to any county, city, or other political subdivision of the state.(5) Significant magnetic anomaly--best engineering judgment should be used to determine if the source of a magnetic anomaly might be historically significant. Determination of magnetic anomaly source significance must be made by a person experienced in the archeological interpretation of magnetometer data, taking into consideration the amplitude, duration, orientation, and complexity of each anomaly or anomaly cluster.(6) Significant sonar target--best engineering judgment should be used to determine if the source of a sonar target might be historically significant. Determination of potential target source significance must be made by a person experienced in the archeological interpretation of sonar data, taking into consideration the size and shape of the visible target and any associated magnetometer data which might reveal the potential for buried, unseen parts of the target.(7) State Archeological Landmark--any cultural resource located in, on, or under the surface of any land, including submerged land, belonging to the State of Texas or to any county, city, or other political subdivision of the state, or a site officially designated as a landmark at an open public hearing before the commission. Any pre-twentieth century shipwreck is automatically a state archeological landmark. Any shipwreck, as defined in paragraph (4) of this section, that is not pre-twentieth century but meets the criteria under §26.9 of this title is also eligible to be officially designated as a state archeological landmark.(8) Submerged land--land belonging to the State of Texas, including its tidelands, submerged land, and the beds of its rivers and the sea within jurisdiction of the State of Texas or any political subdivision of the State of Texas.", "sourceNote": "Source Note: The provisions of this §28.2 adopted to be effective March 18, 2003, 28 TexReg 2316; amended to be effective August 21, 2008, 33 TexReg 6582." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "137436", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "28", "label": "HISTORIC SHIPWRECKS" }, "rule": { "number": "§28.3", "label": "Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137437&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "137437", "queryAsDate": "03/11/2026" }, "ruleBody": "After consultation with affected persons and after due reflection on the commission's obligations under the Antiquities Code of Texas, the commission makes the following determinations of fact and policy:(1) It is in the public interest of the State of Texas to locate, protect, and preserve all shipwrecks in Texas' submerged lands.(2) The commission shall determine and designate the site of state archeological landmarks in Texas' submerged lands and remove from the designation certain sites.(3) The commission shall evaluate lease sales proposed to be conducted in Texas' submerged lands by the School Land Board and may recommend developmental restrictions to be applied to each designated tract which will be published in the Notice for Bids booklet which is distributed by the General Land Office 30 days before each lease sale, and which will forewarn potential lessees of developmental restrictions that apply to the tract.(4) The commission shall evaluate proposed activities in Texas' submerged lands, and may comment favorably, conditionally, or adversely on applications for permits submitted to the U.S. Army Corps of Engineers, in accordance with applicable rules and orders.(5) The commission may require persons working in the area of a known shipwreck in Texas' submerged lands to take action approved by the commission to avoid damaging the shipwreck. The commission may require similar action of persons working in an area where there is a likelihood that a shipwreck exists in Texas' submerged lands or where a remote-sensing survey conducted under the provisions of §28.6 of this title has indicated the possible presence of a shipwreck.(6) All persons shall conduct their activities in Texas' submerged lands in a manner that will avoid damage to shipwrecks in Texas' submerged lands, and that will protect and preserve the cultural resources of Texas.(7) Any non-shipwreck historic or prehistoric cultural resources in, on, or under the surface of any land, including submerged land, belonging to the State of Texas or to any county, city, or other political subdivision of the state is protected under Chapter 26 of this title.", "sourceNote": "Source Note: The provisions of this §28.3 adopted to be effective March 18, 2003, 28 TexReg 2316; amended to be effective August 21, 2008, 33 TexReg 6582." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137437&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "137437", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "28", "label": "HISTORIC SHIPWRECKS" }, "rule": { "number": "§28.4", "label": "State Land Tracts Designated as High Probability" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "137438", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission has determined there is substantial evidence of the presence of shipwrecks in certain state land tracts of Texas' submerged lands. Such tracts are designated as high probability tracts by the commission. The list of high probability tracts is maintained by the Texas General Land Office as part of that agency's Resource Management Code system for state-owned submerged lands and is updated as necessary by the commission. This list is available from the Texas General Land Office, Resource Management Division.(b) The commission shall take action to determine the site, or probable site, of shipwrecks in Texas' submerged lands within a designated state land tract and remove from the designations certain state land tracts in which there has been a determination there is not a substantial probability of finding a shipwreck.(c) The list of high probability state tracts in state-owned submerged lands is considered only a guide to the probability of the presence or absence of a state archeological landmark or eligible property within a given tract.(d) Texas' submerged lands not contained within defined state land tracts are generally considered high probability areas and the commission shall determine if a survey is needed within those waters for any given undertaking.", "sourceNote": "Source Note: The provisions of this §28.4 adopted to be effective March 18, 2003, 28 TexReg 2316; amended to be effective August 21, 2008, 33 TexReg 6582." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "137438", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "28", "label": "HISTORIC SHIPWRECKS" }, "rule": { "number": "§28.5", "label": "Access to Information" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179306&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179306", "queryAsDate": "03/11/2026" }, "ruleBody": "The commission possesses information related to shipwrecks in Texas' submerged lands. Access to such information, with the exception of the list of high probability tracts described in §28.4(a) of this title, is limited to registered researchers as specified in Chapter 24 of this title. The commission's shipwreck reference file will be available for review by registered researchers at the commission during regular business hours.", "sourceNote": "Source Note: The provisions of this §28.5 adopted to be effective August 21, 2008, 33 TexReg 6582." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179306&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179306", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "28", "label": "HISTORIC SHIPWRECKS" }, "rule": { "number": "§28.6", "label": "Conduct of Activities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "137433", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All persons shall conduct their activities in Texas' submerged lands in a manner designed to avoid damage to shipwrecks in Texas' submerged lands, and to protect and preserve the cultural resources of Texas. If, during the conduct of activities in submerged state land tracts, a person discovers the existence of a shipwreck, the person shall promptly notify the commission of the existence of the historic property and shall conduct the activities in a manner that will avoid damage to the shipwreck.(b) When a person submits an application for a permit from the U.S. Army Corps of Engineers, the person shall describe the proposed activity in sufficient detail to enable the commission to review the U.S. Army Corps of Engineers' public notice publication, and determine if the proposed activity may impact a shipwreck.(c) If the proposed activity is in an area where a shipwreck is known to exist, or where there is a likelihood that a shipwreck exists, the commission may require an archeological survey, the purpose of which is to locate shipwrecks.(d) Conduct of such a survey may be recommended by the commission to the U.S. Army Corps of Engineers, and may be required as a condition of issuance of the permit from the U.S. Army Corps of Engineers. Such survey must be done under a Texas Antiquities Permit issued by the commission. The Texas Antiquities Permit is issued only to a qualified archeologist and allows the commission to monitor the quality and results of the survey.(e) The commission has set the following minimum standards for conducting a survey.(1) Horizontal positioning.(A) Texas' submerged lands within bays and rivers and within the 3 nautical mile line in the Gulf of Mexico.(i) The avoidance margin in this area is fifty (50) meters.(ii) The maximum survey line spacing in this area is twenty (20) meters.(B) Texas' submerged lands offshore beyond the 3 nautical mile line in the Gulf of Mexico.(i) The avoidance margin in this area is one-hundred and fifty (150) meters.(ii) The maximum survey line spacing in this area is thirty (30) meters.(C) The geographical extent of an archeological survey must include the construction impacts (e.g. anchor patterns of construction barges) at the margin of the primary activity and the size of the avoidance margin. Survey for a linear project (e.g. pipelines, dredged channels, and utility lines) must include the centerline of the project route and at least one offset line each side of the centerline. A survey for marine seismic activity that employs drilling and detonation of buried explosive charges must, at a minimum, collect data along at least one line of survey crossing each source point and extending at least 20 meters to either side of each source point. The survey area must be adequate to allow movement of the proposed activity such that it is outside of the avoidance margin of any significant magnetic anomaly or sonar target yet fully within the area surveyed.(D) If avoidance of an anomaly or target determined to be significant by the archeologist holding the survey permit is not feasible, further investigation of the anomaly or target will be required as stated in subsections (g), (i) and (j) of this section. Such further investigation must also be conducted under a permit issued by the commission.(2) Instrumentation and Survey Procedures. Instrumentation is classified as remote sensing equipment that detects the presence of an object by its inherent physical properties or by signals reflected from the object. The preferred suite of remote sensing equipment includes, but is not limited to, a marine magnetometer, a high-resolution side-scan sonar, and a recording fathometer.(A) The magnetometer should be set to detect and record the magnetic environment at 1-second intervals or less and the data should be recorded on computer disc or other appropriate computer media. The distance of the magnetometer should not exceed 6 meters from the marine bed.(B) The side-scan sonar should use a transceiver designated as a 300 kHz transceiver minimum and should be operated in that frequency or a higher frequency if available and the data should be recorded on computer disc or other appropriate computer media.(C) The fathometer must be capable of recording bathymetric data through digital output to a computer.(D) The magnetometer, side-scan sonar, and fathometer, to the extent possible, should be interfaced, either directly or through computer files, with the global positioning system receiver to coordinate positions with the remote sensing equipment data.(E) A differentially corrected global positioning system (GPS) receiver or system of equal or greater accuracy will be used for navigation and positioning.(F) The positioning system must collect accurate position data at the same time interval as the magnetometer to preclude the necessity of interpolating positions between more widely spaced position fixes.(3) Variance from the parameters specified in this section may be requested from the commission. Such variance must be based on quantifiable factors, e.g. the water is too shallow for effective use of side-scan sonar. Likewise, the commission may modify the parameters for a given survey area based on information held by the commission, e.g. survey line spacing may be decreased in the immediate vicinity of a known state archeological landmark beyond the 3 nautical mile line in the Gulf of Mexico.(f) If a person detects a significant anomaly or sonar target as a result of conducting the survey described in this section, the person shall record a specific UTM, Latitude/Longitude, or state plane coordinate position, along with the geodetic datum in which the coordinates were recorded, and either:(1) Conduct a thorough and good faith effort to search out the object causing the anomaly or sonar target and identify whether the object might possibly be a state archeological landmark or eligible property in Texas' submerged lands. Excavation in order to make an identification at this stage of investigation is prohibited without a permit issued by the commission. Or, the person may:(2) Relocate the activity to an area outside of the appropriate avoidance margin in order to avoid disturbance of the object causing the anomaly or sonar target and thereby avoid damage to a shipwreck.(g) If the person determines, through actions conducted under subsection (e) of this section, that the object causing the significant anomaly or sonar target is definitely not a shipwreck, and if the commission concurs with that determination, the person may perform the activity in a normal, routine manner.(h) If the person determines, through actions conducted under subsection (e) of this section, that the object causing the significant anomaly or sonar target is a shipwreck or might be a shipwreck, the person shall either:(1) Notify the commission of the existence of a shipwreck or possible shipwreck, report the coordinate position to the commission and relocate the activity to an area outside of the appropriate avoidance margin in order to avoid disturbance of the object causing the significant anomaly or sonar target and thereby avoid damage to a shipwreck; or(2) Notify the commission of the existence of a shipwreck or possible shipwreck and report the coordinate position to the commission; whereupon the commission can perform its activities described in Subchapter C, Powers and Duties, and Subchapter E, Prohibitions, of the Antiquities Code of Texas. The commission may require additional archeological investigations of the shipwreck or possible shipwreck, or, if the commission concurs that no damage will occur to the shipwreck from the proposed activity, the commission may authorize the person to proceed with the proposed activity in a normal, routine manner.(i) Investigation by archeological divers to identify the source of an anomaly or sonar target is appropriate under a survey permit. Such investigations may involve removal of overburden to expose small section of a buried object but shall not involve extensive excavation or artifact recovery. Survey level diving investigations must be approved as part of the survey permit issued to the archeologist or as a separate survey permit.", "sourceNote": "Source Note: The provisions of this §28.6 adopted to be effective August 21, 2008, 33 TexReg 6582; amended to be effective February 21, 2013, 38 TexReg 823; amended to be effective August 16, 2016, 41 TexReg 5997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "137433", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "28", "label": "HISTORIC SHIPWRECKS" }, "rule": { "number": "§28.7", "label": "Remote Sensing Survey for Pure Research Purposes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "137434", "queryAsDate": "03/11/2026" }, "ruleBody": "A person may conduct a survey for the sole purpose of pure historical or archeological research on shipwrecks and not for review and compliance clearance. Such pure research surveys must be conducted under a Texas Antiquities Permit issued to a qualified archeologist by the commission. The minimum standards for conducting such a survey may vary from those set forth in §28.6(e) of this title.", "sourceNote": "Source Note: The provisions of this §28.7 adopted to be effective August 21, 2008, 33 TexReg 6582." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137434&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "137434", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "28", "label": "HISTORIC SHIPWRECKS" }, "rule": { "number": "§28.8", "label": "Activities Conducted on Shipwrecks beyond the Survey Level" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179305&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179305", "queryAsDate": "03/11/2026" }, "ruleBody": "Any activity conducted on a shipwreck beyond that authorized under the survey permit issued by the commission must be authorized under a separate permit issued by the commission specifically for that activity as discussed under §26.20 of this title.", "sourceNote": "Source Note: The provisions of this §28.8 adopted to be effective August 21, 2008, 33 TexReg 6582." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179305&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179305", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "28", "label": "HISTORIC SHIPWRECKS" }, "rule": { "number": "§28.9", "label": "Analysis and Presentation of Data" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=97827&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "97827", "queryAsDate": "03/11/2026" }, "ruleBody": "Analysis and presentation of magnetometer and side-scan sonar data upon completion of a survey to locate submerged cultural resources are subject to the following, in addition to requirements under §26.24 of this title (relating to Reports Relating to Archeological Permits).(1) If the survey is of sufficient duration, the magnetometer data will be corrected for diurnal variation using either separate data collected concurrently specifically for the purpose of diurnal corrections or through the use of an appropriate algorithm or mathematical formula.(2) Magnetometer data will be presented on maps, aerial, or satellite imagery in a contour format. In order to facilitate review of this data by the THC, it should be presented at a scale sufficient for examination. Magnetic anomalies recommended for avoidance or investigation shall be illustrated at a scale and showing isolines at appropriate levels to illustrate the complexity and intensity of individual anomalies. Illustrating anomalies at this scale may require separate illustrations from the overall survey map.(3) Maps illustrating magnetic anomalies will show the actual survey lines followed by the survey vessel and thus the position of each anomaly in relation to the survey lines.(4) Positive and negative nodes of magnetic anomalies shall be indicated either by different colors of isolines (e.g. red for positive node, blue for negative node) or by variation in line type (e.g. hatched or dashed) for the negative isolines.(5) Sonar data will be presented as a mosaic on maps, aerial, or satellite imagery. Sonar targets recommended for avoidance shall be presented at a scale suitable to show diagnostic attributes and may require separate illustrations from the overall survey map.(6) The avoidance margin for significant magnetic anomalies and sonar targets, defined in 13 TAC Chapter 28, Rule §28.2, must be illustrated in the overall contour maps and sonar mosaics.(7) A map of the survey area must be included in the survey report showing both the proposed survey lines and the actual survey lines.(8) A table of anomalies and sonar targets recommended for avoidance or investigation, including the positions of those anomalies, or targets, shall be included in the report.", "sourceNote": "Source Note: The provisions of this §28.9 adopted to be effective August 21, 2008, 33 TexReg 6582; amended to be effective February 21, 2013, 38 TexReg 823; amended to be effective August 16, 2016, 41 TexReg 5997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=97827&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "97827", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "29", "label": "MANAGEMENT AND CARE OF ARTIFACTS AND COLLECTIONS" }, "rule": { "number": "§29.1", "label": "Object" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=105780&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "105780", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Historical Commission (here after referred to as the Commission) is specifically empowered to adopt reasonable rules and regulations concerning the care and curation of artifacts, objects, and collections owned by Commission and those recovered under the jurisdiction the Antiquities Code of Texas.", "sourceNote": "Source Note: The provisions of this §29.1 adopted to be effective November 21, 2002, 27 TexReg 10722." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=105780&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "105780", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "29", "label": "MANAGEMENT AND CARE OF ARTIFACTS AND COLLECTIONS" }, "rule": { "number": "§29.2", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "173340", "queryAsDate": "03/11/2026" }, "ruleBody": "The purpose of this chapter is to provide a method to select appropriate facilities through an orderly, objective certification process and for the management of state held-in-trust collections that are within the legal authority of the Commission.", "sourceNote": "Source Note: The provisions of this §29.2 adopted to be effective November 21, 2002, 27 TexReg 10722; amended to be effective November 18, 2003, 28 TexReg 10203." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=173340&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "173340", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "29", "label": "MANAGEMENT AND CARE OF ARTIFACTS AND COLLECTIONS" }, "rule": { "number": "§29.3", "label": "Scope" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179307", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Pursuant to Texas Natural Resources Code, §191.091 and §191.092, all antiquities found on land or under waters belonging to the State of Texas or any political subdivision of the State belong to the State of Texas. The Commission is charged with the administration of the Antiquities Code and exercises the authority of the State in matters related to these state-associated collections. Under Texas Government Code, §442.007(e)(7), the Commission, through the authority of the State Archeologist, may preserve the historic and archeological heritage of the State.(b) Pursuant to Texas Government Code, §442.0145, the Commission has the authority to acquire historical documents, records, or historical artifacts for the State of Texas to ensure their protection and use by the people of Texas.(c) State-associated collections generally are placed in curatorial facilities in Texas. The relationship between the Commission and the curatorial facility is an express trust. Ownership of these collections is not transferred but the Commission has the authority to transfer stewardship of the collections through a held-in-trust agreement with the designated curatorial facility.(d) All state-associated collections held in curatorial facilities are subject to the statutory authority of the Commission, and these rules supercede the collections management policy of the curatorial facility to the extent of any conflict.", "sourceNote": "Source Note: The provisions of this §29.3 adopted to be effective November 18, 2003, 28 TexReg 10203; amended to be effective September 1, 2015, 40 TexReg 5458." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179307&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179307", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "29", "label": "MANAGEMENT AND CARE OF ARTIFACTS AND COLLECTIONS" }, "rule": { "number": "§29.4", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200404&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "200404", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter and the Antiquities Code of Texas, shall have the following meanings unless the context clearly indicates otherwise.(1) Accession--means the formal acceptance of a collection and its recording into the holdings of a curatorial facility and generally includes a transfer of title. For held-in-trust collections, stewardship but not title is transferred to the curatorial facility.(2) Accessions inventory--means an inventory conducted at the time of accessioning when a collection or historical item is placed at the designated curatorial facility. It is similar to a baseline inventory in that it is comprised of the categories represented in the collection, quantities, and linear feet of documentation as appropriate.(3) Antiquities--means the tangible aspects of the past, which relate to human life and culture. Some examples include objects, written histories, architecture, cultural traditions and patterns, art forms, and technologies.(4) Artifact--means an object that has been removed from an archeological site.(5) Baseline inventory--means the most basic inventory done by summary count within general categories (similar to an entry or accessions inventory).(6) Cataloging--means assigning an object to an established classification system and having a record containing identification, provenience, accession and catalog numbers, and location of that object in the collection storage area.(7) Certification--means a process through which a curatorial facility establishes that it has achieved certain standards and follows acceptable practices with respect to its collections.(8) Certified curatorial facility--means a museum or repository that has been certified by the Commission for the purposes of curating state-associated collections.(9) Collection--means an associated set of objects, samples, records, or documents or an associated set of documents only.(10) Commission--means the Texas Historical Commission and its staff.(11) Conservation--means scientific laboratory process for cleaning, stabilizing, restoring, and preserving artifacts.(12) Conservation Survey--means inspection and documentation by facility staff, of condition of collection objects on an ongoing basis as part of routine collections management work.(13) Cultural resource--means any building, site, district, structure, object, historic shipwreck, data, and locations of historical, archeological, educational, or scientific interest, including, but not limited to, prehistoric and historic Native American or aboriginal campsites, dwellings, and habitation sites, archeological sites of every character, treasure embedded in the earth, sunken or abandoned ships and wrecks of the sea or any part of the contents thereof, maps, records, documents, books, artifacts, and implements of culture in any way related to the inhabitants' prehistory, history, natural history, government, or culture. Examples of cultural resources include Native American mounds and campgrounds, aboriginal lithic resource areas, early industrial and engineering sites, rock art, early cottage, and craft industry sites, bison kill sites, cemeteries, battlegrounds, all manner of historical structures, local historical records, etc.(14) Curatorial facility--means a museum or repository that professionally manages collections on a long term basis.(15) Deaccession--means the permanent removal of an object or collection from the holdings of a curatorial facility.(16) Designated curatorial facility--means any curatorial facility that is holding or seeking to hold any state associated collection on behalf of the Commission.(17) Destructive analysis--means destroying all or a portion of an object or sample to gain specialized information. For purposes of these rules, it does not include analysis of objects or samples prior to their being accessioned by a curatorial facility.(18) Disposal--means the discard of an object or sample after being recovered and prior to accession, or after deaccession.(19) Held-in-trust agreement--means the document signed by the Commission and the designated curatorial facility that provides for the transfer of stewardship to the curatorial facility for the state-associated collection, provides the state-associated collection's accession number and accessions inventory, and notes any conditions or restrictions.(20) Held-in-trust collection--means those state-associated collections under the authority of the Texas Historical Commission that are placed in a curatorial facility for care and management; stewardship is transferred to that curatorial facility but not ownership.(21) Inventory--means a physically-checked, itemized list of the objects in a curatorial facility's holdings. Itemized refers to having some sort of categorization, whether it be object-by-object or some type of grouping. Inventory is usually performed by numerical count, but weight may be considered in addition to or instead of a count, where it may be appropriate.(22) Museum--means a legally organized not-for-profit institution, essentially educational in nature; having a formally stated mission; with a professionally trained staff that uses and interprets objects for the public through regularly scheduled programs and exhibits; with a program of documentation, care, and use of collection or tangible objects; and having a program of maintenance and presentation of exhibits.(23) Political subdivision--means a local government entity created and operating under the laws of this state, including a city, county, school district, or special district created under the Texas Constitution, Article III, Section 52(b)(1) or (2), or Article XVI, Section 59.(24) Preventive conservation--means to maintain the collections in stable condition through preventive maintenance, condition surveys, environmental controls, and pest management.(25) Public lands--means non-federal public lands that are owned or controlled by the State of Texas or any of its political subdivisions, including the tidelands, submerged land, and the bed of the sea within the jurisdiction of the State of Texas.(26) Relocation inventory--means a physically-checked, itemized list of a specific subset of objects that have been moved from their permanent location within the holdings of the curatorial facility.(27) Repository--means a permanent, not-for-profit educational or research-oriented agency or institution, having a professionally trained staff, that provides in-perpetuity legal housing and curation of collections.(28) Significance--means a trait attributable to sites, buildings, structures and objects of historical, architectural, and archeological (cultural) value which are eligible for designation to State Antiquities Landmark status and protection under the Antiquities Code of Texas. Similarly, a trait attributable to properties included in or determined eligible for inclusion in the National Register of Historic Places.(29) Site--means any place or location containing physical evidence of human activity. Examples of sites include: the location of prehistoric or historic occupations or activities, a group or district of buildings or structures that share a common historical context or period of significance, and designed landscapes such as parks and gardens.(30) Spot-check inventory--means an organized location search to produce a physically-checked, itemized list of a predetermined subset of objects for which the curatorial facility is responsible.(31) State-associated collections--means the collections owned by the State and under the authority of the Texas Historical Commission. This includes the following:(A) Permitted collections--means collections that are the result of work governed by the Texas Antiquities Code of Texas on land or under waters belonging to the State of Texas or any political subdivision of the State requiring the issuance of a permit by the Commission.(B) Non-permitted collections--means collections that are the result of work governed by the Antiquities Code on land or under waters belonging to the State of Texas or any political subdivision of the State conducted by Commission personnel without the issuance of a permit.(C) Purchased collections--means collections that are the result of the acquisition of significant historical items by the Commission through Texas Historical Artifacts Acquisition Program or use of other State funds.(D) Donated collections--means collections that are the result of a gift, donation, or bequest to the Commission.(E) Court-action collections--means collections that are awarded to the Commission by a court through confiscation of illegally-obtained archeological artifacts or any other material that may be awarded to the Commission by a court of law.(32) State Antiquities Landmark--means an archeological site, archeological collection, ruin, building, structure, cultural landscape, site, engineering feature, monument or other object, or district that is eligible to be designated as a landmark or is already officially designated as a landmark.", "sourceNote": "Source Note: The provisions of this §29.4 adopted to be effective November 18, 2003, 28 TexReg 10203; amended to be effective February 21, 2007, 32 TexReg 620; amended to be effective August 16, 2016, 41 TexReg 5997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=200404&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "200404", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "29", "label": "MANAGEMENT AND CARE OF ARTIFACTS AND COLLECTIONS" }, "rule": { "number": "§29.5", "label": "Disposition of State Associated Collections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179309&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "179309", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Ownership. All specimens, artifacts, materials, and samples plus original field notes, maps, drawings, photographs, and standard state site survey forms, resulting from the investigations remain the property of the State of Texas. Certain exceptions left to the discretion of the Commission are contained in the Texas Natural Resources Code, §191.052(b). The Commission will determine the final disposition of all artifacts, specimens, materials, and data recovered by investigations on State Antiquities Landmarks or potential landmarks, which remain the property of the State. These state-associated collections are of inestimable historical and scientific value and should be preserved and utilized in such a way as to benefit all the citizens of Texas. It is the rule of the Commission that such antiquities shall never be used for commercial exploitation. (see also 13 TAC §26.17 (relating to Principal Investigator's Responsibilities for Disposition of Archeological Artifacts and Data))(b) Housing, conserving, and exhibiting state-associated collections. (see also 13 TAC §26.17)(1) After investigations conducted under the jurisdiction of the Antiquities Code of Texas have culminated in the reporting of results, these state-associated collections will be permanently preserved in research collections at a curatorial facility certified by the Commission. Prior to the expiration of a permit, proof that state-associated collections are housed in a curatorial facility is required. Failure to demonstrate proof before the permit expiration date may result in the principal investigator and co-principal investigator falling into default status. (see also 13 TAC §26.17)(2) Institutions housing state-associated collections will also be responsible for adequate security of the collections, continued conservation, periodic inventory, and for making the collections available to qualified institutions, individuals, or corporations for research purposes. (see also 13 TAC §26.17)(3) Exhibits of state-associated collections will be made in such a way as to provide the maximum amount of historical, scientific, archeological, and educational information to all the citizens of Texas. First preference will be given to traveling exhibits following guidelines provided by the Commission and originating at an adequate facility nearest to the point of recovery. Permanent exhibits of antiquities may be prepared by institutions maintaining such collections following guidelines provided by the Commission. A variety of special, short-term exhibits may also be authorized by the Commission. (see also 13 TAC §26.17)(c) Access to state-associated collections for research purposes--collections retained under direct supervision of the Commission will be available under the following conditions:(1) Request for access to collections must be made in writing to the curatorial facility holding the collections indicating to which collection and what part of the collection access is desired; nature of research and special requirements during access; who will have access, when, and for how long; type of report which will result; and expected date of report.(2) Access will be granted during regular working hours to qualified institutions or individuals for research culminating in non-permit reporting. A copy of the report will be provided to the Commission.(3) Data such as descriptions or photos when available will be provided to institutions or individuals on a limited basis for research culminating in nonprofit reporting. A copy of the report will be provided to the Commission.(4) Access will be granted to corporations or individuals preparing articles or books to be published on a profit-making basis only if there will be no interference with conservation activities or regular research projects; photos are made and data collected in the facility housing the collection; arrangements for access are made in writing at least one month in advance; cost of photos and data and a reasonable charge of or supervision by responsible personnel are paid by the corporation or individual desiring access; planned article or publication does not encourage or condone treasure hunting activity on public lands, State Antiquities Landmarks, or National Register sites, or other activities which damage, alter, or destroy cultural resources; proper credit for photos and data are indicated in the report; a copy of the report will be provided to the Commission.(5) The Commission may maintain a file of standard photographs and captions available for purchase by the public.(6) A written agreement containing the appropriate stipulations will be prepared and executed prior to the access.(7) Curatorial facilities certified by the Commission shall promulgate reasonable procedures governing access to those collections under their stewardship.(d) Deaccession. The Commission's rules for deaccession recognize the special responsibility associated with the receipt and maintenance of objects of cultural, historical, and scientific significance in the public trust. Although curatorial facilities become stewards of held-in-trust collections, title is retained by the Commission for the State. Thus, the decision to deaccession held-in-trust objects or state-associated collections is the responsibility of the Commission. The Commission recognizes the need for periodic reevaluations and thoughtful selection necessary for the growth and proper care of collections. The practice of deaccessioning under well-defined guidelines provides this opportunity.(1) Deaccessioning may be through voluntary or involuntary means. The transfer, exchange, or deterioration beyond repair or stabilization or other voluntary removal from a collection in a curatorial facility is subject to the limitations of this rule.(2) Involuntary removal from collections occurs when objects, samples, or records are lost through theft, disappearance, or natural disaster. If the whereabouts of the object, sample, or record is unknown, it may be removed from the responsibility of the curatorial facility, but the Commission will not relinquish title in case the object, sample, or record subsequently is returned.(e) Certified curatorial facilities. Authority to deal with deaccessioning of limited categories of objects and samples from held-in-trust collections is delegated to a curatorial facility certified by the Commission to hold state held-in-trust collections through a contractual agreement between the curatorial facility and the Commission. Annual reports will be submitted to the Commission on these deaccessioning actions.(1) If the Commission determines that a curatorial facility has acted in violation of the contractual agreement and this rule, the contractual agreement will be terminated. From that date forward, the Commission will review and decide on all deaccession actions of that curatorial facility concerning held-in-trust objects and samples. A new contractual agreement may be executed at such time as the Commission determines that the curatorial facility has come into compliance with this rule.(2) Curatorial facilities not yet certified by the Commission to hold state held-in-trust collections shall submit written deaccession requests of objects and samples from held-in-trust collections to the Commission.(3) Requests to deaccession a held-in-trust collection in its entirety must be submitted to the Commission.(4) The reasons for deaccessioning all or part of held-in-trust collections include, but are not limited to, the following:(A) Objects lacking provenience that are not significant or useful for research, exhibit, or educational purposes in and of themselves;(B) Objects or collections that do not relate to the stated mission of the curatorial facility. Objects or collections that are relevant to the stated mission of the curatorial facility may not be deaccessioned on the grounds that they are not relevant to the research interests of current staff or faculty;(C) Objects that have decayed or decomposed beyond reasonable use or repair or that by their condition constitute a hazard in the collections;(D) Objects that have been noted as missing from a collection beyond the time of the next collections-wide inventory are determined irretrievable and subject to be deaccessioned as lost;(E) Objects suspected as stolen from the collections must be reported to the Commission in writing immediately for notification to similar curatorial facilities, appropriate organizations, and law enforcement agencies. Objects suspected as stolen and not recovered after a period of three years or until the time of the next collections-wide inventory are determined irretrievable and subject to being deaccessioned as stolen;(F) Objects that have been stolen and for which an insurance claim has been paid to the curatorial facility;(G) Objects that may be subject to deaccessioning as required by federal laws; and(H) Deaccession for reasons not listed above must be approved on a case-by-case basis by the Commission.(f) Title to Objects or Collections Deaccessioned. If deaccessioning is for the purpose of transfer or exchange, Commission retains title for the State to the object or collection. A new held-in-trust agreement must be executed between the receiving curatorial facility and the THC.(1) If deaccessioning is due to theft or loss, the Commission will retain title for the State to the object or collection in case it is ever recovered, but the curatorial facility will no longer be responsible for the object or collection.(2) If deaccessioning is due to deterioration or damage beyond repair or stabilization, the Commission relinquishes title for the State to the object or collection and the object or collection must be discarded in a suitable manner.(g) Destructive Analysis. The Commission's rules for destructive analysis apply only to samples and objects from held-in-trust collections accessioned into the holdings of a curatorial facility. Destructive analysis of samples or objects prior to placement in a curatorial facility is covered by the research design approved for the Antiquities Permit. Authority to deal with destructive analysis requests of approved categories of objects and samples from state-associated held-in-trust collections is delegated to a curatorial facility certified by the Commission to hold state held-in-trust collections through a contractual agreement between the curatorial facility and the Commission. Annual reports will be submitted to the Commission on these destructive analysis actions.(1) A written research proposal must be submitted to the curatorial facility stating research goals, specific samples or objects from a held-in-trust collection to be destroyed, and research credentials in order for the curatorial facility to establish whether the destructive analysis is warranted.(A) Any proposal for destructive analysis of human remains must be reviewed by the Commission.(B) The Commission will only issue permission to a qualified applicant of an Antiquities Code Human Remains Testing permit pursuant to 13 TAC §26.13 and §26.15 (relating to Application for Archeological Permits and Archeological Permit Categories, respectively).(2) If the Commission determines that a curatorial facility has acted in violation of the contractual agreement and this rule, the contractual agreement will be terminated. From that date forward, the Commission will review and decide on all destructive analysis actions of that curatorial facility concerning held-in-trust objects and samples. A new contractual agreement may be executed at such time as the Commission determines that the curatorial facility has come into compliance with these rules.(3) Curatorial facilities not yet certified by the Commission to hold state held-in-trust collections shall submit destructive analysis requests of objects and samples from held-in-trust collections to the Commission.(4) Conditions for approval of destructive analysis may include qualifications of the researcher, uniqueness of the project, scientific value of the knowledge sought to be gained, and the importance, size, and condition of the object or sample.(5) Objects and samples from held-in-trust collections approved for destructive analysis purposes are loaned to the institution where the researcher is affiliated. Objects and samples will not be loaned to individuals for destructive analysis.(6) If the curatorial facility denies a request for destructive analysis of a sample or object from a held-in-trust collection, appeal of the decision is through the Commission.(7) Information gained from the analysis must be provided to the curatorial facility as a condition of all loans for destructive analysis purposes. After completion of destructive analysis, the researcher must return the information (usually in the form of a research report) in order for the loan to be closed. Two copies of any publications resulting from the analysis must be sent to the curatorial facility. If the object or sample is not completely destroyed by the destructive analysis, the remainder must be returned to the curatorial facility.(8) It is the responsibility of the curatorial facility to monitor materials on loan for destructive analysis, to assure their correct use, and to note the returned data in the records.(9) The Commission does not relinquish title for the State to an object or sample that has undergone destructive analysis and the object or sample is not deaccessioned.", "sourceNote": "Source Note: The provisions of this §29.5 adopted to be effective February 21, 2007, 32 TexReg 620; amended to be effective February 21, 2013, 38 TexReg 823; amended to be effective August 16, 2016, 41 TexReg 5997; amended to be effective July 20, 2020, 45 TexReg 4967." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=179309&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "179309", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "29", "label": "MANAGEMENT AND CARE OF ARTIFACTS AND COLLECTIONS" }, "rule": { "number": "§29.6", "label": "Certification of Curatorial Facilities for State-Associated Held-in-Trust Collections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160658", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Establishment of certification program.(1) The Commission shall determine through the program established by this subchapter appropriate facilities to house state-associated held-in-trust collections generated or purchased by the Commission, generated through antiquities permits issued under the authority of the Commission as provided by the Texas Natural Resources Code, Chapter 191, donated to the Commission, or placed with the Commission through the order of a court.(2) The certification process shall consider the management and care of all state-associated collections at the curatorial facility.(3) The requirements of this subchapter related to the placement of state-associated collections in certified curatorial facilities shall apply to the following:(A) All collections placed in curatorial facilities by the Commission after December 31, 2005; and,(B) All collections generated under antiquities permits on public lands after December 31, 2005.(4) Except as provided in paragraph (9) of this subsection, no collection or any component of a collection as described under the jurisdiction of this subchapter may be placed in a curatorial facility that is not certified through the process established by this section.(5) This section does not apply to the placement of collections in curatorial facilities prior to the effective date of this requirement as specified in subsection (a)(3), above. It does apply to any subsequent transfer of collections or a component of a collection taking place after the effective date of this requirement as specified in subsection (a)(3)(A) - (B), above.(6) This section does not apply to the loan of a collection or a component of a collection to a facility not certified by the Commission.(7) Certification shall be effective for a period of ten years, after which time, the curatorial facility must apply for renewal. Renewal will be based upon a review of the standing of the facility in regards to disabling or deficiency factors assigned during the initial certification and the standards for certification in place at the time renewal is requested.(8) The certification process shall be implemented upon the effective date of these rules, and the staff of the Commission shall develop procedures to begin the review of applicants at the earliest possible date. The requirement that all new collections shall be placed only in certified curatorial facilities shall be effective as specified in subsection (a)(3)(A) - (B), above.(9) A curatorial facility that has submitted the application for certification provided by subsection (b)(1) of this section by the date provided in subsection (a)(3) of this section may continue to accept held-in-trust collections after that date so long as its application is pending and the application process has not been terminated or its application rejected by the commission.(b) Procedures for Certification.(1) Application. A curatorial facility seeking certification from the Commission shall apply to the Commission on a form provided by the Commission.(A) The form shall require the applicant to provide essential information and documentation to allow the Commission to determine whether the facility is a curatorial facility within the definition of that term.(B) Staff of the Commission shall evaluate the application and make a recommendation to the executive director on whether the facility should be allowed to proceed with the certification process.(C) The executive director may determine that the certification review should be terminated at this point in the process. Such termination would be due to a clear failure of the curatorial facility to meet the criteria for certification developed under this subchapter.(2) Submission of written materials for certification.(A) The form shall require the applicant to provide essential information and documentation to allow the Commission to determine whether the facility is a curatorial facility within the definition of that term.(B) The self-evaluation and other materials must be submitted to the Commission within six months after the certification review packet is mailed. A one time extension not to exceed six months may be granted by the Commission staff upon request.(C) The completed documentation shall be reviewed by the Commission. If clarification or additional information is requested by the Commission, the facility shall have 30 days to furnish the information required.(D) Failure to provide the requested information or inadequacy of the materials provided may lead to the termination of the review process.(E) Staff of the Commission shall review the self-evaluation and other written materials provided and make a recommendation to the executive director on whether the facility should be allowed to proceed with the certification process.(F) The executive director may determine that the review should be terminated at this point in the process.(3) Field review.(A) A curatorial facility that has submitted its self-evaluation and other written materials and approved to proceed with the certification process shall be contacted to arrange for a field review.(B) At a time to be agreed upon by the Commission staff and the facility, an on-site evaluation of the facility shall be conducted by the Commission.(C) Field review of the curatorial facility will be conducted by qualified staff of the Commission. Confidentiality will be maintained within the limits of the Public Information Act.(D) An applicant for certification must make their facilities and records freely available to the field reviewers of the Commission in order to be considered for certification.(E) Upon completion of the on-site evaluation, the persons performing the evaluation shall complete a written report of the on-site evaluation.(F) The written report and recommendation shall be submitted to the executive director for his review. The executive director may approve, disapprove, or amend the recommendation.(G) The applicant shall be provided not less than 30 days notice of the Commission meeting when its application will be considered and provided a copy of the executive director's recommendation, the report of the on-site evaluation, and any other relevant documents.(H) The applicant shall have the opportunity to present written and oral information in support of its application to the staff and the Commission or committees thereof.(4) Consideration by the Commission.(A) The Commission may direct that this matter be considered in a committee of the Commission prior to consideration by the full Commission.(B) The Commission shall consider the recommendations of the staff and/or executive director and all other matters submitted or prepared in connection with the application and shall make a decision on the certification of the curatorial facility. The decision of the Commission shall be provided in writing to the curatorial facility. If certification is denied, the Commission shall provide reasons for the denial to the curatorial facility.(C) The decision of the Commission shall be based on the matters properly submitted in the certification process, and the decision shall measure the qualifications, stated objectives, and resources of the curatorial facility against the standards for certification established by the Commission.(i) The Commission shall consider the evaluation of the curatorial facility and determine which, if any, disabling and deficiency factors may be present in the curatorial facility.(ii) The Commission shall grant certification of the curatorial facility based on the disabling and deficiency factors by the following standards:(I) Four or more disabling factors, certification denied;(II) Three or fewer disabling factors and no more than four deficiency factors, certification granted;(III) Three or fewer disabling factors and five or six deficiency factors, provisional status granted; or(IV) Three or fewer disabling factors and seven or more deficiency factors, certification denied.(D) If a curatorial facility is certified with existing disabling factors or deficiencies, these factors must be addressed before subsequent certification can take place. The curatorial facility must submit a plan and schedule for correcting the factors to the Commission within 90 days of the notice of certification. The Commission shall consider the plan and schedule and either approve it or return it to the curatorial facility with suggested revisions. The curatorial facility shall resubmit the plan and schedule until approved by the Commission. If these factors have not been addressed by the end of its certification period, then the curatorial facility will be decertified at the end of the certification period. The curatorial facility must wait two years before reapplying for certification, at which time it will be certified only if it has addressed all prior deficiency and disabling factors.(E) Provisional status.(i) If the Commission determines that the curatorial facility does not meet all of the qualifications for certification, but should be granted provisional status, the curatorial facility must submit a plan and schedule for correcting the factors to the Commission within 90 days of the approval of provisional status. The Commission shall consider the plan and schedule and either approve it or return it to the curatorial facility with suggested revisions. The curatorial facility shall resubmit the plan and schedule until approved by the Commission. If such factors are addressed and appropriate evidence of such measures is presented to the Commission, the Commission may grant certification to the curatorial facility at the next succeeding quarterly meeting of the Commission.(ii) A curatorial facility that is granted provisional status shall be considered as a certified curatorial facility unless it subsequently fails to address the disabling and deficiency factors within the time allotted, at which time the Commission may vote to deny certification.(iii) Provisional status shall initially be granted for a period of three years. The period may be extended for up to three one-year increments by the Commission if the curatorial facility is determined to be making progress in remedying the disabling and deficiency factors. Provisional status may not be extended beyond the six-year limit. Each extension will require justification and a vote of the Commission.(F) Except as provided by this subchapter, a curatorial facility that is denied certification by the Commission may not reapply for certification within one year of the denial of its application.(c) Appeal.(1) If the executive director has determined that the review of an application for certification of a curatorial facility should be terminated prior to field review, the curatorial facility may appeal that decision to the Commission by requesting in writing a review of the decision at the next succeeding quarterly Commission meeting, provided that such request must be received not less than 30 days prior to the meeting. The curatorial facility and the executive director may submit arguments in writing to the Commission concerning the appeal.(2) If the executive director and/or staff recommend against certification of a curatorial facility, the facility may respond in writing to such recommendation. If the curatorial facility determines that it needs additional time to respond to the staff and/or executive director's recommendation, it may request that the consideration of the certification be delayed until the next succeeding quarterly meeting, and shall submit its response not less than 30 days prior to the next succeeding quarterly meeting. Only one such delay in the consideration of certification shall be granted, except on vote of the Commission.(3) The staff or the executive director may comment on any response of the curatorial facility.(4) Except as may otherwise be provided by law, the decision of the Commission on certification of a curatorial facility is final.(d) Criteria for Certification. Each applicant for certification must meet the following criteria to be certified.(1) The Commission shall develop and adopt objective criteria for the evaluation of curatorial facilities.(2) The criteria shall be in writing and shall be made available to any person requesting them.(3) The evaluation shall focus on the care and management of all state-associated held-in-trust collections present at the facility.(4) The following certification criteria will be used to evaluate curatorial facilities:(A) Governance.(i) specific mission statement;(ii) institutional organization document; and(iii) evidence of not-for-profit status.(B) Clear Fiscal Plan.(C) Policy. Written, integrated collections management policy addressing:(i) acquisitions;(ii) scope of collections;(iii) legal title;(iv) held-in-trust agreements;(v) contract of gift;(vi) accessioning;(vii) deaccessioning and disposal of collections or collection items;(viii) cataloging;(ix) loans;(x) destructive loans of held-in-trust collections;(xi) inventory;(xii) adequate and appropriate insurance;(xiii) appraisals;(xiv) access to collections;(xv) record keeping;(xvi) collections care;(xvii) conservation;(xviii) emergency preparedness;(xix) integrated pest management; and(xx) security.(D) Procedures. Written, integrated collections management procedures addressing:(i) acquisitions;(ii) held-in-trust agreement;(iii) accessioning;(iv) deaccessioning and disposal of collections or collection items;(v) cataloging;(vi) loans;(vii) destructive loans of held-in-trust collections;(viii) inventory;(ix) insurance;(x) access to collections;(xi) record keeping;(xii) collections care;(xiii) conservation;(xiv) emergency preparedness;(xv) integrated pest management; and(xvi) security.(E) Physical Facilities.(i) sound, appropriate structure;(ii) adequate and appropriate insurance;(iii) security system;(iv) fire prevention, detection, and suppression programs; and(v) environmental controls (temperature, relative humidity, air particulates).(F) Staff.(i) written code of ethics;(ii) written job descriptions;(iii) minimum one full-time staff member trained in collections care; and(iv) support for staff training programs in collections care and memberships to museum-related organizations.(G) Visiting scholars and researchers.(i) written policy concerning access to collections; and(ii) written procedures concerning security, access, and handling of collections.(H) Records management.(i) functional accession, catalog, inventory, and photo documentation system;(ii) updated and current list of held-in-trust state-associated collections; and(iii) baseline inventory of each held-in-trust state-associated collection.(I) Collections care.(i) housing;(I) appropriate housing units with adequate and appropriate space; and(II) accessible and organized collections.(ii) packaging;(I) appropriate materials;(II) appropriate object spacing; and(III) appropriate organization of collections.(e) Application of criteria. In making the determination of certification status, all of the above criteria are considered. In particular, at the Application stage, the curatorial facility must fit the definition; have a mission statement, a statement of purpose, and a scope-of-collections statement; and have a written integrated collections management policy. If the curatorial facility does not meet these three basic criteria, then certification is denied and the process goes no further. At the Commission level, disabling factors could prevent certification. Deficiency factors could result in provisional status or denial. Where appropriate, the criteria for evaluation for curatorial facilities to be developed by the commission will contain objective standards against which disabling and deficiency factors are measured.(1) Disabling factors are the absence of any of the following:(A) written procedures and plans;(B) written held-in-trust agreements for state-associated collections;(C) list of held-in-trust state-associated collections;(D) baseline inventory for each held-in-trust state-associated collection;(E) record keeping system;(F) accession system;(G) catalog system;(H) inventory system;(I) environmental controls (temperature, relative humidity, air particulates);(J) fire prevention, detection, and suppression programs;(K) full-time employee trained in collections care;(L) appropriate physical facilities; and(M) appropriate housing or housing conditions.(2) Deficiency factors are the following:(A) substandard policies;(B) substandard procedures and plans;(C) incomplete held-in-trust agreements for state-associated collections;(D) incomplete list of held-in-trust state-associated collections;(E) incomplete baseline inventory for each held-in-trust state-associated collection;(F) inadequate record keeping system;(G) inadequate accession system;(H) inadequate catalog system;(I) incomplete cataloging of held-in-trust state associated collections;(J) inadequate inventory system;(K) substandard environmental controls (temperature, relative humidity, air particulates);(L) substandard fire prevention, detection, or suppression programs;(M) substandard physical facilities;(N) substandard housing or housing conditions; and(O) substandard packaging.", "sourceNote": "Source Note: The provisions of this §29.6 adopted to be effective November 18, 2003, 28 TexReg 10203; amended to be effective May 9, 2005, 30 TexReg 2660; amended to be effective February 21, 2007, 32 TexReg 620; amended to be effective August 16, 2016, 41 TexReg 5997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160658&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160658", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "29", "label": "MANAGEMENT AND CARE OF ARTIFACTS AND COLLECTIONS" }, "rule": { "number": "§29.7", "label": "State Associated Collections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=105785&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "105785", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission has authority over state-associated collections in six categories based on the way they were generated. They are as follows:(1) Permitted-collections that are the result of work governed by the Antiquities Code on land or under waters belonging to the State of Texas or a political subdivision of the State necessitating the issuance of a permit by the Commission. This work can be conducted by an outside researcher, other state agency, cultural resources management firm or by Commission personnel. Permitted collections form the bulk of the Commission's state-associated collections.(2) Commission non-permitted collections are the result of work governed by the Antiquities Code on land or under waters belonging to the State of Texas or a political subdivision of the State conducted by Commission personnel without the issuance of a permit.(3) Purchased-collections are the result of acquisition of significant historical items by the Commission through the Texas Historical Artifacts Acquisition Program or use of other state funds.(4) Donated-collections are the result of a material gift transaction by a private landowner, individual, corporation, organization, or through a bequest to the Commission. A major component of this category of collections is the consequence of work conducted by or under the direction of Commission personnel on private lands in Texas whereby the landowner transfers ownership of the generated collection through a deed-of-gift or donation form to the State of Texas and its agent, the Texas Historical Commission.(5) Court action-collections are the result of rulings by a court concerning confiscated, illegally-held archeological or historical materials from public lands to be given to the Commission for care and protection.(6) Legislative action collections means collections that are awarded to the commission through legislative action such as House Bill 12, 80th Leg., Reg. Ses., 2007, which transferred 18 historic sites and all of their collections from the Texas Parks and Wildlife Department (TPWD) to the THC.(b) Any or all of these state-associated collections may be entrusted to and housed in a designated curatorial facility in the State of Texas. They are accessioned, documented, and cataloged objects, documents, and samples of cultural, scientific, or historical significance that are representative of the diversity within the state. These collections should be given a high level of care.", "sourceNote": "Source Note: The provisions of this §29.7 adopted to be effective November 18, 2003, 28 TexReg 10203; amended to be effective February 21, 2013, 38 TexReg 823." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=105785&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "105785", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "29", "label": "MANAGEMENT AND CARE OF ARTIFACTS AND COLLECTIONS" }, "rule": { "number": "§29.8", "label": "Requirements for Curatorial Facilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "160659", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In recognition of the authority of the Commission over the state-associated collections, the Commission establishes different levels of collection management requirements for curatorial facilities holding state-associated collections and having different capacities and goals.(b) Curatorial facilities that are certified to receive state-associated collections under §29.6 of this chapter must adopt, as a part of the certification process, a collections management policy that meets or exceeds the minimum requirements of this subchapter. Curatorial practices evolve over time, and these rules may be amended to reflect changes in accepted professional practices. Certified curatorial facilities will be expected to meet the requirements of such amendments within a reasonable time after their adoption. Limitations on authority to manage state-associated collections will be determined through an agreement between the Commission and the certified curatorial facility.(c) Curatorial facilities that intend to become certified to receive state-associated collections under §29.6 of this chapter in the future should meet or exceed the minimum standards established under this subchapter while working toward certification.(d) Curatorial facilities that do not intend to become certified under §29.6 of this chapter should nonetheless attempt to provide the highest possible level of care to state-associated collections maintained in their facilities. At a minimum, a level of care that prevents deterioration of, damage to, or loss of items in the collections should be maintained. Within seven years of the effective date of this section, curatorial facilities should either submit a plan for Commission approval on the care and management of the state-associated collections or consider the transfer of state-associated collections to a curatorial facility certified under §29.6 of this chapter.", "sourceNote": "Source Note: The provisions of this §29.8 adopted to be effective November 18, 2003, 28 TexReg 10203." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=160659&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "160659", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "29", "label": "MANAGEMENT AND CARE OF ARTIFACTS AND COLLECTIONS" }, "rule": { "number": "§29.9", "label": "Expectations for Drafting a Collections Management Policy for Managing State-Associated Collections" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196883&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196883", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Acquisition of Collections.(1) Acquisition of state associated collections is the process of acquiring a collection or historical item owned by the State of Texas through designation of a curatorial facility by the Commission. Collections or historical items usually are acquired through field work or research, donation, bequest, or purchase. Although exchange with or transfer from another curatorial facility normally is not practiced, it is not excluded. Acquisition does not imply accessioning, but is a necessary prerequisite for accessions. Acquired collections or historical items placed at a designated curatorial facility are recommended for accessioning through the process governed by the written Collections Management Policy of the curatorial facility.(2) Responsibility for the physical safety of the collection or historical item begins with acquisition. While the Commission has oversight, physical safety responsibility is delegated to the permittee during recovery and analysis of permitted collections, and the designated curatorial facility upon receiving a state-associated collection.(b) Accessions.(1) Accessioning by the curatorial facility is the procedure that registers state-associated collections as held-in-trust for the State of Texas at the designated curatorial facility.(A) Title will remain with the State and under the custody of the Commission.(B) The curatorial facility will execute a held-in-trust agreement for each state-associated collection and forward it to the Commission. Stewardship and held-in-trust status are conferred when the Commission receives the signed held-in-trust agreement.(C) State-associated collections placed at designated curatorial facilities are not incorporated into the holdings of a designated curatorial facility until they are accessioned by that institution.(D) Upon accessioning of state-associated collections placed at the curatorial facility, the facility assumes the obligation of proper daily management and protection of those collections. The Commission retains oversight of the placed state-associated collections.(E) Accessioning provides an inventory of collections and historical items owned by the State of Texas under the authority of the Commission. Accession numbers document curatorial facility stewardship and are an inventory control device.(2) For collections or historical items placed at a designated curatorial facility, the following requirements apply:(A) All collections or historical items will be accessioned and accessioned in a timely manner by the designated curatorial facility. Stewardship but not ownership is transferred to the designated curatorial facility.(B) The curatorial facility will use a consistent accession system that readily identifies or distinguishes an accession of that curatorial facility from accessions of other curatorial facilities holding state-associated collections.(C) A signed held-in-trust agreement must be executed for each accession with copies retained by the Commission and designated curatorial facility. Each held-in-trust agreement is accompanied by an accessions inventory.(D) Accession records must be maintained by the designated curatorial facility, including the copy of the signed held-in-trust agreement, accessions inventory, and as appropriate, the housing agreement between the curatorial facility and cultural resource management firm or researcher for permitted collections.(E) Copies of correspondence and transactions involving state-associated collections donated to or purchased by the Commission will be provided to the designated curatorial facility as part of their accession records.(c) Deaccession.(1) The decision to deaccession state-associated held-in-trust objects or collections is ultimately the responsibility of the Commission. Deaccessioning may affect a range of objects from a single object to an entire collection. The curatorial facility will deaccession state-associated collections only in accordance with Commission requirements.(2) If deaccessioning is for the purpose of transfer or exchange, the State retains title to the object or collection. A new held-in-trust agreement will be executed between the curatorial facility and the Commission. If deaccessioning is due to theft or loss, the State will retain title to the object or collection in case it is ever recovered, but the curatorial facility will no longer be responsible for the object or collection. If deaccessioning is due to deterioration or damage beyond repair or stabilization, the State relinquishes title to the object or collection and the object or collection must be divested in a suitable manner.(3) Authority to deal with deaccessioning of approved categories of objects and samples from state-associated held-in-trust collections is delegated to a curatorial facility certified by the Commission through an agreement between the Commission and the curatorial facility.(A) Annual reports will be submitted to the Commission on these deaccessioning actions.(B) If the Commission determines that the curatorial facility is not in compliance with the agreement and this chapter, the agreement may be terminated. If the agreement is terminated, the Commission will review and decide on all deaccession actions of that curatorial facility concerning state-associated held-in-trust objects and samples. A new agreement may be executed at such time as the Commission determines that the curatorial facility has come into compliance with this chapter. During the period the agreement is terminated, the curatorial facility may not accept new state-associated collections.(4) Curatorial facilities not certified by the Commission shall submit written deaccession requests of objects and samples from held-in-trust collections to the Commission.(5) Requests to deaccession a state-associated collection in its entirety must be submitted to the Commission.(6) Under no circumstances will state-associated collections be deaccessioned through sale.(d) Inventory.(1) Purpose of inventories.(A) An inventory is an important practice for the curatorial facility.(B) Inventories will be conducted to provide a measure of accountability.(C) An inventory updates collection records and documentation; gives the opportunity to check the condition of the collections; and aids in maintaining the security of the collections.(D) Inventories allow the curatorial facilities to examine, evaluate, and provide appropriate conditions for the state-associated collections.(E) The curatorial facility fulfills, in part, its legal and ethical responsibilities by conducting inventories that account for the objects, samples, documentation, or historical items within state-associated collections.(2) Inventories by a Curatorial Facility. For collections or historical items placed at a designated curatorial facility, the following requirements apply. Inventories for state-associated collections include the following:(A) An accessions inventory is conducted at the time of accessioning when a collection or historical item is placed at the designated curatorial facility. This baseline inventory is comprised of the categories represented in the collection, quantities, and linear feet of documentation as appropriate.(B) A spot-check inventory is conducted to monitor collection activity, check the accuracy of records, and assess the condition of the most valuable or significant material in a collection. This type of inventory should be conducted on a periodic basis according to the collections management policy of the designated curatorial facility.(C) A relocation inventory is conducted at any time an object, collection, or historical item experiences movement. This movement may occur in the form of incoming or outgoing loans, in-house research, exhibit installation, conservation, or deaccessions.(3) The Director of the curatorial facility is responsible for maintaining the inventory of the state-associated held-in-trust collections and for seeing that appropriate and timely inventories are conducted. The types and frequency of inventories must be outlined in the curatorial facility's collections management policy. Accessions inventories must be conducted and included as part of the held-in-trust agreement. A relocation inventory must be conducted and included as part of the loan agreement of state-associated held-in-trust collections. Spot check inventory must be conducted as a part of collection management activities. Other types of inventories should be conducted to provide tracking and security information as necessary.(4) An accurate listing of all state associated held-in-trust collections and the sites they represent, must be conducted and updated and a copy sent to the Commission.(5) Authority to deal with missing and stolen objects, samples, documentation, and historical items of approved categories from state-associated collections is delegated to a curatorial facility certified by the Commission through an agreement between the Commission and the curatorial facility.(A) Annual reports will be submitted to the Commission on these inventory and security actions. Suspected stolen material must be reported to appropriate law enforcement agencies with notification to other curatorial facilities and appropriate organizations.(B) If the Commission determines that the curatorial facility is not in compliance with the agreement and this chapter, the agreement may be terminated. A new agreement may be executed at such time as the Commission determines that the curatorial facility has come into compliance with this chapter. During the period the agreement is terminated, the curatorial facility may not accept new state-associated collections.(6) Curatorial facilities not certified by the Commission shall submit a written plan for conducting an inventory of state-associated held-in-trust collections.(7) Missing or stolen objects, samples, documentation, and historical items from state-associated held-in-trust collections must be reported to the Commission in writing immediately upon discovery with a determination of whether misplaced or stolen. Suspected stolen material must be reported to appropriate law enforcement agencies with notification to curatorial facilities and appropriate organizations.(e) Loans.(1) For collections or historical items placed at a certified curatorial facility, the following requirements apply:(A) Decisions regarding the loan of state-associated collections are the legal responsibility of the Commission but the responsibility for the loan is delegated to the curatorial facility.(B) The Director of the curatorial facility is responsible for all loan transactions of state-associated collections and for assuring that appropriate and timely administration of loans is conducted. Relocation inventories must be conducted and included as part of the written loan agreement. Other loan conditions must be addressed in the Collections Management Policy of the curatorial facility.(C) Authority to deal with loans of state-associated collections is delegated to a curatorial facility certified by the Commission through an agreement between the Commission and the curatorial facility.(i) Annual reports will be submitted to the Commission on these loan actions.(ii) If the Commission determines that the curatorial facility is not in compliance with the agreement and this chapter, the agreement may be terminated. Following termination, the Commission will review and decide on all loan actions of that curatorial facility concerning state-associated held-in-trust objects and samples. A new agreement may be executed at such time as the Commission determines that the curatorial facility has come into compliance with this chapter. During the period the agreement is terminated, the curatorial facility may not accept new state-associated collections.(D) Collections that are not accessioned and cataloged shall not be loaned. Commercial use of loaned collections is prohibited.(2) Curatorial facilities not certified by the Commission shall submit written loan requests of objects, samples, documentation, or historical items from state-associated collections to the Commission.(f) Destructive Loans.(1) For collections or historical items placed at a designated curatorial facility, the following requirements apply:(A) A written research proposal must be submitted to the curatorial facility stating research goals, specific samples or objects from a state-associated held-in-trust collection to be destroyed, and research credentials in order for the curatorial facility to determine whether the destructive analysis is warranted.(B) Authority to deal with destructive analysis requests of approved categories of objects and samples from state-associated held-in-trust collections is delegated to a curatorial facility certified by the Commission to hold state-associated collections through a contractural agreement between the curatorial facility and the Commission.(2) Annual reports will be submitted to the Commission on these destructive analysis actions.(3) If the Commission determines that the curatorial facility is not in compliance with the agreement and this chapter, the agreement may be terminated. Following termination, the Commission will review and decide on all destructive analysis actions of that curatorial facility concerning state-associated held-in-trust objects and samples. A new agreement may be executed at such time as the Commission determines that the curatorial facility has come into compliance with this chapter. During the period the agreement is terminated, the curatorial facility may not accept new state-associated collections.(4) Curatorial facilities not certified by the Commission shall submit destructive analysis requests of objects and samples from state-associated collections to the Commission.(g) Collections Care.(1) The well-being and safety of the state-associated collections is a management responsibility involving a continuum of obligations and actions. The central purpose is to preserve well-documented and well-maintained state-associated collections for the benefit of the people of Texas and future generations.(2) Basic collections care involves the following:(A) archival-quality storage equipment and conditions;(B) routine preventive maintenance;(C) preventive conservation; and(D) appropriate handling and moving of the objects, samples, documentation, and historical items.(3) The goal of collections care is to limit further deterioration of the state-associated collections due to environmental, human, and inherent factors.(4) The curatorial facility will address the needs of the variety of materials and sizes within the collections within the available resources of the curatorial facility.(5) Archival-quality packaging, padding, and housing units within a sound, environmentally-controlled storage area form the foundation for collections stability and long term care and will be used to the extent possible. Appropriate environmental conditions are maintained and monitored in storage areas. Light levels are monitored and kept low. Integrated pest management is employed to prevent the intrusion of insects and vermin into the collection space and eliminate the need for chemicals harmful to the state-associated collections and people.(6) Careful and appropriate handling and moving of objects, samples, documentation, and historical items minimizes the risk to the collections and ensures their longevity in the designated curatorial facilities and continued benefit for the people and State of Texas.(7) The curatorial facility's ability to serve its various constituencies in regards to state-associated collections is dependent on the quality and accuracy of available information. An integrated record-keeping system is critical to documentary control of state-associated collections. Records must be maintained on all transactions and collections-related activities involving state-associated collections. Records document the legal status of state-associated collections within the curatorial facility or while on loan and document the movement and care of the objects, samples, documentation, or historical items under the control of the curatorial facility. All state-associated collections will be cataloged.(8) Records should be made in a timely fashion; housed in secure locations; provide for easy retrieval of information on and location of an object, sample, documentation, or historical item; and be preserved by proper handling and storage. A duplicate copy of appropriate records should be made and stored at a location other than the curatorial facility, as a security precaution.(9) Insurance is integral to the protection of state-associated collections but is supplemental to sound collection management and risk management practices. Governmental entities that are self insured, may request a waiver from the insurance requirements under this chapter. An insurance waiver does not waive a governmental entity's liability.(10) All-risk insurance is required on all out-going loans of state-associated collections and normally is provided by the borrowing institution. The curatorial facility must provide the Commission with evidence of a policy of insurance in force for the duration of the loan from an insurance company licensed to do business in Texas and/or the location where the collection will be held during the period of the loan, for all risks and in an amount appropriate to the value of the collection.(11) The curatorial facility will cooperate fully with the Commission in its efforts to monitor the state-associated collections.(h) Conservation.(1) Decisions regarding the conservation of state-associated collections are the legal responsibility of the Commission.(2) Even under the best-managed conditions, deterioration or damage may occur to state-associated collection objects, documentation, and historical items. Conservation is a continuing responsibility and is focused on the object, documentation, or historical item. Conservation is an intervention measure designed to return a deteriorated or damaged object, documentation, or historical item to stability through reversible and minimally intrusive methods.(3) The curatorial facility must adopt the conservation philosophy of minimal chemical and physical trauma to the object, documentation, or historical item, use of sympathetic materials, the principle of reversibility, and the keeping of complete and accurate records of the conservation process. Conservation survey and monitoring of object, documentation, or historical item condition shall be part of the curatorial facility's management plan for state-associated collections.(4) Conservation work is to be undertaken within national ethics, principles, and practices by reputable, trained conservators. No work shall commence without Commission approval of the written treatment plan. Objects, documentation, or historical items are not to be treated as experimental pieces in conservation work without written Commission approval. Conservation work with an outside conservator must be conducted under a well-defined, comprehensive agreement with the Commission as a party to the agreement.(5) Conservation by a designated curatorial facility. For collections or historical items placed at a designated curatorial facility, the following requirements apply:(A) Authority to deal with the conservation of approved categories of objects, documentation, and historical items from state-associated held-in-trust collections is delegated to a curatorial facility certified by the Commission to hold state-associated collections through a contractual agreement between the curatorial facility and the Commission.(i) Annual reports will be submitted to the Commission on these conservation actions.(ii) If the Commission determines that the curatorial facility is not in compliance with the agreement and this chapter, the agreement may be terminated. Following termination, the Commission will review and decide on all conservation actions of that curatorial facility concerning state-associated held-in-trust objects, documentation, and historical items. A new agreement may be executed at such time as the Commission determines that the curatorial facility has come into compliance with this chapter. During the period the agreement is terminated, the curatorial facility may not accept new state-associated collections.(B) Curatorial facilities not certified by the Commission shall submit written conservation requests for objects, documentation, and historical items from state-associated collections to the Commission.(C) It is the responsibility of the curatorial facility to monitor the conservation process whether conducted in-house or on loan to an outside conservator, to assure the correct use and safety of the object, documentation, or historical item, and to note the returned stabilized materials in the records.(i) Collections Access.(1) The security and safety of state-associated collections is of utmost importance. Controlled access to state-associated collections by employees, researchers, and the public limits the opportunities for theft and destruction to objects, samples, documentation, and historical items. Strict collections access aids in the control of human traffic in storage areas. Storage areas should be in locked, secured locations with restricted access and controlled entry. State-associated collections are not open to the general public on a walk-in basis. The information on the location and nature of archaeological sites on land or under waters belonging to the State of Texas or any political subdivision of the State is not available to the general public.(2) Research on state-associated collections is for the benefit of the people of Texas and the discipline to which the research is related. Requests for access to state-associated collections should go to the curatorial facility. Research access should be controlled, with research conducted under an approved research design. Access may be denied based on endangerment to the state-associated collection or objects, samples, documentation, or historical items or their unavailability due to not being accessioned or cataloged, out on loan, or inadequate research design. Access may be denied or limited on state-associated collections for a period of time after placement in a curatorial facility.", "sourceNote": "Source Note: The provisions of this §29.9 adopted to be effective November 18, 2003, 28 TexReg 10203; amended to be effective February 21, 2007, 32 TexReg 620; amended to be effective February 21, 2013, 38 TexReg 823." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196883&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196883", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "30", "label": "TEXAS HERITAGE TRAILS PROGRAM" }, "rule": { "number": "§30.1", "label": "Object" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196884", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Texas Historical Commission, hereafter referred to as the Commission, is authorized pursuant to Section 442.0088, Section 442.005(s) and Section 442.005(t) to promote the appreciation of historic sites, structures, or objects in the state through a program designed to develop tourism in the state and shall promote heritage tourism by assisting persons, including local governments, organizations, and individuals, in the preservation, enhancement, and promotion of heritage and cultural attractions.(b) The Program must include efforts to:(1) raise the standards of heritage and cultural attractions around the state;(2) foster heritage preservation and education;(3) encourage regional cooperation and promotion of heritage and cultural attractions; and(4) foster effective local tourism leadership and organizational skills.(c) The Commission established the Texas Heritage Trails Program (THTP) to achieve these goals and the intent of these rules is to provide a system by which the Commission may approve, fund, and monitor nonprofit organizations, for the purpose of participating in the program.", "sourceNote": "Source Note: The provisions of this §30.1 adopted to be effective March 4, 2019, 44 TexReg 1120; amended to be effective October 31, 2019, 44 TexReg 6362." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196884", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "30", "label": "TEXAS HERITAGE TRAILS PROGRAM" }, "rule": { "number": "§30.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "196885", "queryAsDate": "03/11/2026" }, "ruleBody": "When used in this chapter, the following words or terms have the following meanings unless the context clearly indicates otherwise:(1) Board of Directors--The governing body of the heritage trail region.(2) Contract--Written agreement between the Commission and each of the regional organizations.(3) Executive Director--Region personnel responsible to the board of directors to perform the services and deliver the work of the region to the Commission.(4) Fiscal Agent--Entity other than the region responsible for administration and distribution of funds provided under the Contract.(5) Funds--State funds appropriated for the THTP and authorized for distribution to the Region.(6) Heritage Tourism--Travel directed towards experiencing the heritage of a city, region, state, or country that enables the tourist to learn about, and be surrounded by, local customs, traditions, history and culture.(7) Principles of heritage tourism--Preserve and protect resources; focus on authenticity and quality; make places come alive with interpretation; find the fit between community and tourism; and collaborate for sustainability.(8) Regional Organization--A Texas non-profit organization selected by the Commission to operate as the regional organization for one or more of the ten Texas Heritage Trail Regions.(9) Texas Heritage Trail Regions--The ten regional trails established by the Commission: Texas Brazos Trail Region, Texas Forest Trail Region, Texas Forts Trail Region, Texas Hill Country Trail Region, Texas Independence Trail Region, Texas Lakes Trail Region, Texas Mountain Trail Region, Texas Pecos Trail Region, Texas Plains Trail Region, and Texas Tropical Trail Region.(10) Staff--Program staff members of the Commission's THTP and other employees of the Commission.", "sourceNote": "Source Note: The provisions of this §30.2 adopted to be effective March 4, 2019, 44 TexReg 1120; amended to be effective October 31, 2019, 44 TexReg 6362." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=196885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "196885", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "30", "label": "TEXAS HERITAGE TRAILS PROGRAM" }, "rule": { "number": "§30.3", "label": "Texas Heritage Trail Region Participation" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194294", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission established the Texas Heritage Trails Program and, with the Texas Department of Transportation's cooperation, adopted the state's ten Texas Travel Trails to divide Texas into ten Heritage Trail Regions (Texas Brazos Trail Region, Texas Forest Trail Region, Texas Forts Trail Region, Texas Hill Country Trail Region, Texas Independence Trail Region, Texas Lakes Trail Region, Texas Mountain Trail Region, Texas Pecos Trail Region, Texas Plains Trail Region, and Texas Tropical Trail Region).(b) The THTP is a program of the Commission and permission to participate in the program is granted to regional organizations by action of the Commission and may be revoked by the Commission in its sole discretion at any time.(c) The Commission may approve a regional organization to represent and operate under the name of their respective region as determined by the Commission. No more than one nonprofit entity shall be approved for any one region; however, the Commission may approve a nonprofit entity to represent more than one region. The entity must retain its Texas and Internal Revenue Service nonprofit status in good standing for the duration of program participation.(d) The Commission shall establish and maintain heritage tourism principles, vision, mission, values, goals, and strategies for the purposes of this chapter that regional organizations participating in the program shall follow.(e) The Commission may enter into a Contract with one or more participating regional organizations to provide financial assistance per §30.5(a) of this chapter (relating to Texas Heritage Trail Program Operations). Each contract must clearly establish:(1) the role of the nonprofit organization in promoting heritage tourism;(2) the nature of the relationship between the commission and the nonprofit organization;(3) the performance expectations for the nonprofit organization;(4) requirements and expectations regarding the nonprofit organization's employees;(5) the commission's expectations regarding ownership of any literature, media, or other products developed or produced by the nonprofit organization to promote heritage tourism during the course of the contract;(6) the commission's long-term goals for the program and the nonprofit organization's role in meeting those goals;(7) a system for evaluating the nonprofit organization's overall performance, including the organization's effectiveness in meeting the performance expectations described by subsection (d) of this section; and(8) the types of support, other than financial support, the commission will provide to the nonprofit organization to assist in the implementation and administration of the Texas Heritage Trails Program.", "sourceNote": "Source Note: The provisions of this §30.3 adopted to be effective March 4, 2019, 44 TexReg 1120; amended to be effective October 31, 2019, 44 TexReg 6362." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194294&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194294", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "30", "label": "TEXAS HERITAGE TRAILS PROGRAM" }, "rule": { "number": "§30.4", "label": "Texas Heritage Trail Region Management" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194295&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194295", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Each regional organization shall be led by a Board of Directors which shall appoint a Chair or President to represent the board in matters related to the participation in the program. All board members and officers shall reside or work within the geographic boundaries of the region or otherwise demonstrate an interest and ability to represent the communities and citizens within the region boundaries.(b) Unless otherwise approved by the Commission, each regional organization shall provide a full-time, paid executive director with professional qualifications relevant to fulfilling the organization's heritage tourism mission activities, and terms of this chapter. For the purposes of this chapter, full-time employment means that the executive director works at least forty (40) hours per week.(c) Each regional organization shall keep the Commission apprised of any executive director vacancy and shall move forward in an efficient manner to fill any vacancy of the position. Vacancy of the executive director position for greater than six (6) consecutive months may be considered cause for termination of regional organization's participation in the program by the Commission. A regional organization may request permission from the Commission to operate without a full-time, paid executive director due to financial or other extraordinary considerations. The Commission may grant such request, in its sole discretion, if it determines that the regional organization demonstrates the necessity for operating without a full-time, paid executive director and demonstrates the ability for the regional organization to fulfill its mission and the remainder of its obligations to the Commission and program in a manner that adequately serves the traveling public and regional constituents.(d) The responsibility for selection, salary, employment and employee-related legal matters remains with the regional organization. Each executive director, and all other staff of regional organizations, shall not be considered employees, agents or contractors of the Commission for any purpose.(e) Each regional organization shall provide the Commission with a copy of the organization's bylaws, articles of incorporation, and/or other mission statements and organizing or operational principles, including revisions and updates to these documents that occur during participation. Any revisions or updates to these documents shall be provided to the Commission no later than sixty (60) days after adoption by the regional organization.(f) Each regional organization shall ensure that its bylaws and other organizing principles retain primary focus on the THTP and the development and promotion of heritage tourism within the region and Texas.", "sourceNote": "Source Note: The provisions of this §30.4 adopted to be effective March 4, 2019, 44 TexReg 1120." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194295&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194295", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "30", "label": "TEXAS HERITAGE TRAILS PROGRAM" }, "rule": { "number": "§30.5", "label": "Texas Heritage Trail Program Operations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194296&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194296", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may provide financial assistance to support the operations of the regional organizations to the extent funds are appropriated for the program by the Legislature. The Commission may establish match requirements and procedures to obtain financial assistance, provided such requirements and procedures are uniform to all participating regional organizations. The amount of financial support provided to a specific regional organization in any fiscal year may vary from region to region or from year to year. State funds received by a regional organization from the Commission may only be used for the purposes set forth under this rule and in the contract.(b) Membership and sponsorship(1) A regional organization may, at its discretion, create membership or sponsorship initiatives to benefit the regional organization or the THTP. Regional organizations shall keep the Commission apprised of these programs and any requirements, fees, or benefits imposed upon or provided to members or sponsors.(2) Membership fees or other revenue generated directly by a regional organization may be retained by the regional organization for its own use to further its objectives and purpose as a participant in the THTP.(3) Regional organizations shall provide basic heritage tourism-related services and consultation to communities, organizations, or persons within its respective region as allowed by funding or scheduling, and regardless of membership or sponsorship status.(c) The Commission shall establish methods of communications and outreach with and among the regional organizations that includes periodic updates, conference calls, and schedules of meetings. The Commission shall establish attendance requirements to ensure appropriate participation of executive directors and board representatives.(d) The Commission may establish schedules and methods for regional visits, orientations and trainings.(e) The Commission may, in its sole discretion, participate in or otherwise facilitate opportunities for regional organizations to take part in relevant consumer travel shows or travel industry events, subject to available funds. The Commission may develop requirements for event participation by the regional organizations.(f) The Commission may, in its sole discretion, implement print and digital advertising campaigns for the THTP. The Commission shall consult with participating regional organizations regarding the implementation of new advertising campaigns, but the Commission shall have the final authority over the campaigns to be pursued and the resources to be associated with such campaigns.(g) A regional organization may implement marketing and advertising campaigns independent of the Commission that relate directly to that regional organization's purpose, status, duties, and/or activities performed as a participant in the THTP. A regional organization must not use the name of Commission, the State of Texas, or any other state agency, nor any other non-consenting regional organization in any media release, public announcement, or public disclosure relating to the program, including in any promotional or marketing materials, customer lists, or business presentations, without the advance written approval of Commission.(h) Publications and Materials(1) Use of THTP Materials is limited to a regional organization's participation in the THTP, as determined by Commission.(2) The Commission will be solely responsible for the development, revisions, printing, reprinting, distribution, storage, and fulfillment of the Texas Heritage Travel Guide (\"Travel Guide\") as allowed by program funding. Regional organizations may request copies of the Travel Guide and other agency heritage tourism guides or products for their use or distribution, as inventories allow.(3) The Commission, at its sole discretion, may solicit and accept sponsorship or advertising in heritage tourism guides or products to offset the costs of production, printing, and distribution. The Commission may consult with regional organizations on revisions or future versions of guides and materials. Regional organizations may suggest revisions or updates related to their respective regions in future versions of the guides and materials in accordance with the terms of the contract.(4) A regional organization may produce and distribute publications or materials independent of the Commission that serve the mission of the regional organization and the THTP, in accordance with the contract between the regional organization and the Commission.(i) The Commission shall establish guidelines and requirements for the use of agency-provided websites and digital applications by the regional organizations.(1) The websites and digital applications shall be operated in accordance with the guidelines and requirements.(2) Content shall conform to the requirements of the contract, content management system, customary professional standards, and any other guidelines developed and distributed by the Commission for the THTP.(3) The focus of the websites and digital applications shall be on providing curated, non-commercial information for the heritage tourism market. The Commission shall have decision-making authority and editorial control over the information included on any of the websites and digital applications, and the manner and form in which it is included.", "sourceNote": "Source Note: The provisions of this §30.5 adopted to be effective March 4, 2019, 44 TexReg 1120." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194296&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194296", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "30", "label": "TEXAS HERITAGE TRAILS PROGRAM" }, "rule": { "number": "§30.6", "label": "Reporting, records, and planning" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194297&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194297", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Regional organizations shall operate under a comprehensive and detailed Scope of Work and Budget, which will be incorporated by reference into the contract. The Scope of Work and Budget provide a blueprint for activities, reinforces accountability, and measures the success of the regional organization. The focus of the work, conducted in accordance with the Scope of Work, shall be the development, promotion, and other support for heritage tourism and historic sites.(b) Regional organizations shall submit the Scope of Work and Budget for Commission review and approval prior to the beginning of the fiscal year covered by the Scope of Work and Budget. Documents submitted for review and approval shall be submitted according to a schedule and format approved by the Commission.(c) Regional organizations shall submit periodic reports on its activities as outlined in the Heritage Trail Region's Scope of Work. Reports shall be due according to a schedule and format approved by the Commission.(d) Each regional organization shall submit an annual report on its activities to THC, that includes narratives relating to the impact of the work to the mission of the regional organization. Each annual report shall cover the activities of the prior state fiscal year and is due to the Commission no later than November 30th of each year unless otherwise specified by the THC prior to September 30th of each year.(e) Upon termination of a regional organization's participation in the THTP, the regional organization shall submit a report equivalent to the annual report covering the unreported period, if any, prior to termination.(f) Either within the annual report or as a separate document submitted on the same schedule as the annual report, regional organizations shall provide THC with a financial accounting of its revenue and major expenditures during the state fiscal year.(g) Regional organizations shall maintain financial and operational records in accordance with best practices for nonprofit organizations. The Commission, or an authorized representative of the state, may request documentation from, or inspection of, a regional organization's records in accordance with state law requirements.", "sourceNote": "Source Note: The provisions of this §30.6 adopted to be effective March 4, 2019, 44 TexReg 1120." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194297&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194297", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "2", "label": "TEXAS HISTORICAL COMMISSION" }, "chapter": { "number": "30", "label": "TEXAS HERITAGE TRAILS PROGRAM" }, "rule": { "number": "§30.7", "label": "Branding and use of intellectual property" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197422", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission shall establish guidelines and requirements for the use of agency and THTP branding, marks, and intellectual property by the regional organizations.", "sourceNote": "Source Note: The provisions of this §30.7 adopted to be effective March 4, 2019, 44 TexReg 1120." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197422&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197422", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "3", "label": "TEXAS COMMISSION ON THE ARTS" }, "chapter": { "number": "31", "label": "AGENCY PROCEDURES" }, "rule": { "number": "§31.2", "label": "Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "197423", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The officers of the Commission shall be the Chair and Vice-Chair.(b) The Vice-Chair shall be elected from the membership of the Commission for a one-year term.(c) The election of the Vice-Chair shall be held annually at the first meeting of the fiscal year. The Vice-Chair will assume his or her position immediately.(d) Should the Vice-Chair resign, the Commission will elect a successor.(e) If the Chair is unavailable, the Vice-Chair shall act in the Chair's stead.(f) If the Chair and Vice-Chair are unavailable at a meeting, the Commission members will elect, from the quorum of Commission members at the meeting, a temporary chairperson to preside at that meeting.(g) No member shall hold more than one office at a time.(h) No member shall serve more than two consecutive full terms in any one office.", "sourceNote": "Source Note: The provisions of this §31.2 adopted to be effective January 1, 1980, 5 TexReg 4591; amended to be effective January 21, 1982, 8 TexReg 58; amended to be effective November 10, 1983, 8 TexReg 4486; amended to be effective April 16, 1984, 9 TexReg 1887; amended to be effective January 7, 2001, 25 TexReg 12960; amended to be effective September 24, 2009, 34 TexReg 6445; amended to be effective December 26, 2019, 44 TexReg 7980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=197423&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "197423", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "3", "label": "TEXAS COMMISSION ON THE ARTS" }, "chapter": { "number": "31", "label": "AGENCY PROCEDURES" }, "rule": { "number": "§31.10", "label": "Grant Application Form" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "136710", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission adopts by reference application forms and instructions for the Grant Application Form as outlined in A Guide to Programs and Services as amended. This document is published by and available from the Texas Commission on the Arts, P.O. Box 13406, Austin, Texas 78711 and at www.arts.texas.gov.", "sourceNote": "Source Note: The provisions of this §31.10 adopted to be effective March 25, 2004, 29 TexReg 2870; amended to be effective September 24, 2009, 34 TexReg 6445; amended to be effective December 26, 2019, 44 TexReg 7980." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=136710&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "136710", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "3", "label": "TEXAS COMMISSION ON THE ARTS" }, "chapter": { "number": "31", "label": "AGENCY PROCEDURES" }, "rule": { "number": "§31.11", "label": "Gifts, Grants, and Donations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142504&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "142504", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission may accept gifts, grants, or donations from an individual, a foundation, corporation, estate, or other legal entity.(b) The acceptance of all gifts, grants, or donations is subject to the final approval of the Commission.(1) A list of all gifts, grants, or donations received by the Commission since the previous Commission meeting will be placed on the Commission agenda for approval.(2) Supporting documentation describing each gift, grant, or donation will be provided to the Commission.(3) Gifts, grants, or donations requiring matching funds will only be accepted to support activities for which the Commission has a corresponding legislative appropriation authority.(4) Gifts, grants, or donations are required to be publicly acknowledged and may not be made on an anonymous basis.(5) Gifts, grants, and donations may be made to the Commission's Operating Fund (0334) or to the Texas Cultural Endowment Fund.(c) Restricted Gifts.(1) Restricted gifts are those gifts that are required by the donor to be used for a specific purpose, program, or function.(2) The Commission recognizes the importance of accepting restricted gifts. Restricted gifts provide the opportunity for a donor and the state to realize immediate benefits from a contribution toward the fulfillment of the Commission's mission of developing a receptive climate for the arts. The Commission will consider each gift on a case by case basis.(3) Restrictions on gifts must be consistent with the mission, purpose, legal authority, and goals of the Commission.(4) Restricted gifts may be given for the following purposes:(A) Further the Commission's established grant programs;(B) Further the Young Masters program;(C) Further arts education initiatives;(D) Further art opportunities to a broad segment of the state's underserved population;(E) Support a geographic area of the state; or(F) Support a particular artistic discipline or genre.(G) Any other purpose authorized by law.(5) Any organization receiving a grant/contract as a result of a restricted gift must provide evidence of sound administrative and fiscal management practices, comply with the Commission's general eligibility rules and guidelines, and meet the requirements of the restrictions placed on the gift by the donor.(6) Any organization receiving a grant/contract as a result of a restricted donation must provide acknowledgment of receipt of the gift from the donor and the Commission as appropriate.(d) No employee of the Commission may serve as an officer or director in any organization making donations to the Commission.(e) Gifts, grants, or donations to the Commission may not be used for the supplementation of the salary of any employee of the Commission.(f) The Commission will not accept donations or gifts from an organization or individuals administering grants from the Commission or which have projects undergoing review by the Commission.", "sourceNote": "Source Note: The provisions of this §31.11 adopted to be effective January 10, 2007, 32 TexReg 67; amended to be effective June 4, 2008, 33 TexReg 4299." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=142504&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "142504", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "3", "label": "TEXAS COMMISSION ON THE ARTS" }, "chapter": { "number": "32", "label": "MEMORANDA OF UNDERSTANDING" }, "rule": { "number": "§32.1", "label": "Memoranda of Understanding" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213017&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213017", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Commission shall enter into Memorandum of Understanding (MOU) agreements as outlined in §444.030 of the Texas Government Code.(b) The Commission may enter into additional MOU agreements with other state agencies and/or partners. MOU agreements may result from Legislation or be initiated by the Commission for the purpose of furthering the agency's mission and goals.", "sourceNote": "Source Note: The provisions of this §32.1 adopted to be effective June 4, 2008, 33 TexReg 4300; amended to be effective September 24, 2009, 34 TexReg 6445." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213017&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213017", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "3", "label": "TEXAS COMMISSION ON THE ARTS" }, "chapter": { "number": "35", "label": "A GUIDE TO PROGRAMS AND SERVICES" }, "rule": { "number": "§35.1", "label": "A Guide to Programs and Services" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104167&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "104167", "queryAsDate": "03/11/2026" }, "ruleBody": "The Commission adopts by reference a Guide to Programs and Services (revised December 2022). This document is published by and available from the Texas Commission on the Arts, P.O. Box 13406, Austin, Texas 78711. This document is also available online at www.arts.texas.gov.", "sourceNote": "Source Note: The provisions of this §35.1 adopted to be effective January 26, 2012, 37 TexReg 196; amended to be effective May 4, 2014, 39 TexReg 3401; amended to be effective September 24, 2015, 40 TexReg 6587; amended to be effective January 8, 2017, 41 TexReg 10596; amended to be effective March 27, 2022, 47 TexReg 1622; amended to be effective March 13, 2023, 48 TexReg 1445." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104167&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "104167", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "4", "label": "RECORDS MANAGEMENT INTERAGENCY COORDINATING COUNCIL" }, "chapter": { "number": "50", "label": "COUNCIL PROCEDURES" }, "rule": { "number": "§50.1", "label": "Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "104168", "queryAsDate": "03/11/2026" }, "ruleBody": "The Records Management Interagency Coordinating Council, referred to in this chapter as the council, coordinates the management of state government records by:(1) informing the legislature on records management issues and making recommendations to improve records management processes and accountability;(2) facilitating the transition from paper to electronic records; and(3) developing consistent records management in state agencies.", "sourceNote": "Source Note: The provisions of this §50.1 adopted to be effective October 18, 1998, 23 TexReg 9974; amended to be effective September 10, 2003, 28 TexReg 7681." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104168&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "104168", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "4", "label": "RECORDS MANAGEMENT INTERAGENCY COORDINATING COUNCIL" }, "chapter": { "number": "50", "label": "COUNCIL PROCEDURES" }, "rule": { "number": "§50.3", "label": "Officers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "104169", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The council is composed of:(1) permanent members, consisting of the following officers or the officer's designee:(A) the secretary of state;(B) the state auditor, who serves as a nonvoting member;(C) the comptroller of public accounts;(D) the attorney general;(E) the director and librarian of the Texas State Library and Archives Commission;(F) the executive director of the Texas Building and Procurement Commission; and(G) the executive director of the Department of Information Resources; and(2) auxiliary voting members, consisting of:(A) one faculty member of a public senior college or university, as defined by the Education Code, §61.003, who has demonstrated knowledge of records and information management; and(B) two individuals who serve as information resources managers, under the Government Code, §2054.071, for state agencies in the executive branch of government.(b) Auxiliary voting members are appointed by the chair of the council with the consent of a majority of the permanent members of the council and serve two-year terms expiring February 1 of each odd-numbered year.(c) Designees have full power and authority to act on behalf of the members of the council whom they represent.(d) The presiding officer is the chair, who shall be one of the permanent officers or a permanent officer's designee.(1) The members shall nominate and elect a chair and a vice chair during even-numbered years.(2) The chair and vice-chair shall serve for two years, beginning on February 1 of each odd-numbered year.(e) Should the chair resign, the vice chair shall serve as chair for the remainder of the unexpired term.(f) The chair shall preside at all meetings of the council. If the chair is unavailable, the vice chair will act as chair.(g) No member shall serve more than two consecutive full terms in any one office.(h) Notices, suggestions, correspondence, or other documents to be delivered to the council shall be delivered by postal mail to P.O. Box 12927, Austin, Texas 78711 or by interagency mail to 1201 Brazos, Austin, Texas 78701. Phone: (512) 463-5460.", "sourceNote": "Source Note: The provisions of this §50.3 adopted to be effective October 18, 1998, 23 TexReg 9974; amended to be effective March 12, 2002, 27 TexReg 1728; amended to be effective September 10, 2003, 28 TexReg 7681." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104169&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "104169", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "4", "label": "RECORDS MANAGEMENT INTERAGENCY COORDINATING COUNCIL" }, "chapter": { "number": "50", "label": "COUNCIL PROCEDURES" }, "rule": { "number": "§50.5", "label": "Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "104170", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The council shall meet at least once quarterly and at other times at the call of the chair or upon the written request of three or more members. Any written request must be filed with the chair or the vice chair. All meetings shall comply with the open meetings provisions in the Government Code, Chapter 551.(b) The chair will designate the time, date, and place of all meetings. The chair shall be responsible for filing notice of meetings as required by law. The chair shall also give notice of the meetings to council members.(1) The chair shall prepare the agenda before council meetings.(2) Items shall be included on the agenda upon the written request of one council member and approval of the chair.(3) A member who is unable to attend a meeting shall notify the chair before the meeting, and if possible send a designee to the meeting.(c) The council may take action upon a majority vote of the members eligible to vote on that action.(d) The chair shall designate a clerk to keep a complete record of the meetings of the council and shall prepare written summaries or minutes reflecting actions taken by council members present as required by the Government Code, Chapter 551.(e) An opportunity for public comment shall be provided at each council meeting. Public comment shall be heard subject to limitations imposed at the discretion of the chair, including time limits and other constraints as necessary for efficient and fair consideration of agenda items.(f) The council may periodically hold public hearings to obtain input regarding the policies and operations of the council, issues before the council, and to solicit suggestions and ideas from interested members of the public.", "sourceNote": "Source Note: The provisions of this §50.5 adopted to be effective October 18, 1998, 23 TexReg 9974; amended to be effective March 12, 2002, 27 TexReg 1728; amended to be effective September 10, 2003, 28 TexReg 7681." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104170&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "104170", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "4", "label": "RECORDS MANAGEMENT INTERAGENCY COORDINATING COUNCIL" }, "chapter": { "number": "50", "label": "COUNCIL PROCEDURES" }, "rule": { "number": "§50.7", "label": "Committees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "104171", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The council may assign committees to review, evaluate, consider, or analyze any legislation, suggestions, proposals, or other information on the council's behalf. The assigned committees may perform any function deemed necessary by the council. The results of any reviews or evaluations may be made in writing and submitted to the council.(1) The council may consider the written recommendations, but shall not be bound by such recommendations.(2) The council may vote to abolish a committee or change a committee's assignment.(b) All committee chairs shall be nominated and elected by the council. Committee chairs may appoint committee members. Any state employee may be appointed to serve on a council committee, subject to approval of the executive director of that employee's agency.", "sourceNote": "Source Note: The provisions of this §50.7 adopted to be effective October 18, 1998, 23 TexReg 9974; amended to be effective September 10, 2003, 28 TexReg 7681." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104171&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "104171", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "4", "label": "RECORDS MANAGEMENT INTERAGENCY COORDINATING COUNCIL" }, "chapter": { "number": "50", "label": "COUNCIL PROCEDURES" }, "rule": { "number": "§50.9", "label": "Staff" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104172&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "104172", "queryAsDate": "03/11/2026" }, "ruleBody": "Service on the council is an additional duty of a member's office or employment. A member of the council is not entitled to compensation for performing the work of the council but is entitled to reimbursement for actual expenses incurred in performing that work, as provided by the General Appropriations Act.", "sourceNote": "Source Note: The provisions of this §50.9 adopted to be effective October 18, 1998, 23 TexReg 9974; amended to be effective September 10, 2003, 28 TexReg 7681." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=104172&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "104172", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "4", "label": "RECORDS MANAGEMENT INTERAGENCY COORDINATING COUNCIL" }, "chapter": { "number": "50", "label": "COUNCIL PROCEDURES" }, "rule": { "number": "§50.11", "label": "Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146709&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146709", "queryAsDate": "03/11/2026" }, "ruleBody": "To implement its policies, the council shall adopt rules as prescribed under the Government Code, §441.203 and under the Administrative Procedure Act, Government Code, Chapter 2001.", "sourceNote": "Source Note: The provisions of this §50.11 adopted to be effective October 18, 1998, 23 TexReg 9974; amended to be effective March 12, 2002, 27 TexReg 1728; amended to be effective September 10, 2003, 28 TexReg 7681." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146709&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146709", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "5", "label": "TEXAS STATE CEMETERY COMMITTEE" }, "chapter": { "number": "71", "label": "TEXAS STATE CEMETERY" }, "rule": { "number": "§71.3", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161884", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:(1) Cemetery--The Texas State Cemetery burial grounds, including the Cemetery Annex, for those individuals who are eligible under Texas Government Code, §2165.256. The Texas Legislature established the Cemetery in 1851.(2) Cemetery Annex--The Texas State Cemetery Annex is approximately 46.19 acres and more specifically described in Texas Government Code, §2165.256(b). The Texas State Cemetery Annex is located near the intersection of Bull Creek Road and 45th Street in Austin, Texas and is dedicated for cemetery purposes.(3) Cenotaph--A monument erected in honor of an individual eligible for burial in the Cemetery whose remains are buried elsewhere.(4) Columbarium Wall--The wall of niches, divided into separate East and West sections, reserved for a person's cremains.(5) Committee--The Texas State Cemetery Committee is the committee charged with the operations of and jurisdiction over the Cemetery and Cemetery Annex. Members consist of three voting gubernatorial appointees serving staggered terms and three non-voting advisory members, one each from the Texas Facilities Commission, the Texas Parks and Wildlife Department, and the Texas Historical Commission.(6) Cremains--That which is left after incineration of a person after death.(7) Interment--The burial of a person's remains or cremains within a cemetery.(8) Interred--To put into a grave; buried.(9) Monument--Any marker, headstone, gravestone, grave marker, tablet, memorial, columbarium, urn, niche, niche panel, ledger stone, boulder or any other structure, memorial of granite, marble or other material intended to commemorate the deceased.(10) Remains--That which is left of a person after death; a corpse.", "sourceNote": "Source Note: The provisions of this §71.3 adopted to be effective November 26, 1998, 23 TexReg 11795; amended to be effective July 27, 2000, 25 TexReg 6977; amended to be effective July 8, 2010, 35 TexReg 5817." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161884&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161884", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "5", "label": "TEXAS STATE CEMETERY COMMITTEE" }, "chapter": { "number": "71", "label": "TEXAS STATE CEMETERY" }, "rule": { "number": "§71.11", "label": "Monuments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161882&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161882", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Monuments and inscriptions are subject to the approval and regulation of the Committee.(b) All monument designs shall be submitted to the Cemetery superintendent for review and compliance with the requirements set forth by the Committee. Incomplete submissions will be returned.(c) The Committee specifically reserves the right to reject any monument design, if, in the opinion of the Committee, the quality or craftsmanship of the monument design is not suitable, blocks the view of surrounding monuments, is not in keeping with the dignity and respect of the Cemetery, or does not comply with the following guidelines:(1) Only selected natural stone from established quarries, or bronze meeting the specifications of the United States Bureau of Standards should be used for monuments. In all cases, craftsmanship should be of superior quality.(2) Curbs, fences, borders, benches, plantings or enclosures around any burial spaces must be approved by the Committee.(3) Monuments and inscriptions on any monument shall be accurate and in keeping with the respect and dignity for the interred and for the Cemetery as a place of honor and to memorialize noteworthy Texans.(4) Photographs or electronic devices on any monument shall be prohibited.(5) Temporary markers of wood or concrete are prohibited. Temporary metal markers provided by funeral homes are permitted until replaced by a permanent monument. Permanent monuments, including gravesite markers, must be placed at future burial sites no later than two (2) years following the date of interment or, in the case of an existing burial site, no later than one (1) year following the effective date of this rule. Permanent gravesite markers are solely the responsibility of the decedent's estate or family. Appeals for a time extension may be considered by the Committee.(6) Monuments shall be constructed within the following dimensional specifications:(A) Maximum height: 6 feet or 72 inches.(B) Maximum width: 7 feet or 84 inches.(C) Maximum depth: 20 inches.(D) A flush installed ledger stone shall not exceed 7 feet in depth and 3.5 feet in width.(E) All monuments including any obelisk or nonstandard monuments are subject to the approval of the Committee based on location, size, and quality of craftsmanship.(F) Single plot monuments shall be reviewed by the Committee on a case-by-case basis and will be subject to approval based on location, size, and quality of craftsmanship.(7) The Committee may also evaluate any proposal for a new monument to ensure that the proposed design does not detract or otherwise impact the prominence of the Medal of Honor monument.(8) Commemorative monuments dedicated to the military or specific historical or cultural events may be exempt from the dimensional specifications of this section.(d) Aboveground vaults, crypts and mausoleums are prohibited, except for interment in the Columbarium Wall.(e) Monuments are the property of the State of Texas.", "sourceNote": "Source Note: The provisions of this §71.11 adopted to be effective November 26, 1998, 23 TexReg 11795; amended to be effective July 27, 2000, 25 TexReg 6977; amended to be effective October 3, 2007, 32 TexReg 6781; amended to be effective January 7, 2009, 34 TexReg 46; amended to be effective July 8 2010, 35 TexReg 5817; amended to be effective May 20, 2013, 38 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161882&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161882", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "5", "label": "TEXAS STATE CEMETERY COMMITTEE" }, "chapter": { "number": "71", "label": "TEXAS STATE CEMETERY" }, "rule": { "number": "§71.13", "label": "Vaults and Graveliners" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161883&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161883", "queryAsDate": "03/11/2026" }, "ruleBody": "The use of metal, asphalt, concrete, and other types of below ground burial vaults or graveliners purchased at private expense in the Cemetery is required. Neither the superintendent nor any Cemetery employee shall be involved in making these arrangements. Cremains are not subject to this regulation; however, the urn must be of quality craftsmanship. The spreading of ashes shall be approved by the superintendent.", "sourceNote": "Source Note: The provisions of this §71.13 adopted to be effective November 26, 1998, 23 TexReg 11795; amended to be effective July 27, 2000, 25 TexReg 6977; amended to be effective July 8, 2010, 35 TexReg 5817; amended to be effective May 20, 2013, 38 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161883&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161883", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "5", "label": "TEXAS STATE CEMETERY COMMITTEE" }, "chapter": { "number": "71", "label": "TEXAS STATE CEMETERY" }, "rule": { "number": "§71.14", "label": "Cenotaphs" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161885", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Cenotaphs are subject to the approval and regulations of the Committee.(b) Cenotaph designs shall be submitted to the Cemetery superintendent for review and compliance with the regulations set forth by the Committee.(c) The Committee specifically reserves the right to reject and prohibit the erection of a cenotaph, if, in the opinion of the Committee the cenotaph is of inferior quality or craftsmanship, or if it does not comply with the dimensions or material specifications established by the Committee.(d) Cenotaphs shall be in compliance with other monument regulations unless the Committee determines that an exception is in the best interest of the State of Texas.(e) Cenotaphs are the property of the State of Texas.", "sourceNote": "Source Note: The provisions of this §71.14 adopted to be effective July 27, 2000, 25 TexReg 6977; amended to be effective July 8, 2010, 35 TexReg 5817; amended to be effective May 20, 2013, 38 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161885&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161885", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "5", "label": "TEXAS STATE CEMETERY COMMITTEE" }, "chapter": { "number": "71", "label": "TEXAS STATE CEMETERY" }, "rule": { "number": "§71.15", "label": "Landscaping" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "161886", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A tree, shrub, plant or flower may not be removed, relocated or planted in the Cemetery without the permission of the superintendent.(b) The superintendent shall oversee the removal, relocation or planting of trees, shrubs, plants and flowers within the Cemetery grounds. The Committee may authorize the superintendent to carry out landscape programs at his discretion and report to the Committee in a timely manner.(c) Fresh cut flowers may be placed on the graves throughout the year. Floral items, fresh and artificial, will be removed from graves as soon as they become faded and unsightly. All artificial flowers or items removed from graves will be disposed of immediately.(d) Floral items and other types of decorations or commemorative items are not to be secured or affixed by any means (wire, tape, string or adhesives) to the monuments.(e) Any artificial decoration on monuments or gravesites including photographs, images, silk flowers, balloons, pinwheels, statues, or candles are prohibited.(f) Planting of trees or shrubs is not permitted on or near the graves at any time, unless approved by the superintendent.(g) Christmas wreaths, arrangements or floral grave blankets are permitted on graves during the season, beginning December 1st and will be removed no later than January 1st or at the discretion of the superintendent. Grave floral blankets may not be larger in size than two (2) feet by three (3) feet. Christmas trees are not permitted. Christmas decorations are not permitted on any living tree in the Cemetery, at the Plaza, or on any statue.(h) The Cemetery is not responsible for any items left on the graves. Permanent in-ground flower containers are authorized for placement with approval from the superintendent. Existing containers may remain on graves until they become unserviceable.(i) The superintendent shall ensure all monuments, headstones, and gravesites are in compliance with the rules and regulations of the Committee.", "sourceNote": "Source Note: The provisions of this §71.15 adopted to be effective November 26, 1998, 23 TexReg 11795; amended to be effective July 27, 2000, 25 TexReg 6977; amended to be effective July 8, 2010, 35 TexReg 5817; amended to be effective May 20, 2013, 38 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=161886&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "161886", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "5", "label": "TEXAS STATE CEMETERY COMMITTEE" }, "chapter": { "number": "71", "label": "TEXAS STATE CEMETERY" }, "rule": { "number": "§71.21", "label": "Burial Reservations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146715&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "146715", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Committee may actively pursue burial reservations from eligible persons.(b) The Committee shall delegate to the superintendent or a designated representative, the authority to research persons eligible for burial at the Cemetery.(c) Biographical information, documentation, photos, newspaper articles and other supporting material shall be collected for review by the Committee.(d) The Committee shall review and consider those persons recommended by the superintendent for eligibility for burial spaces during an open meeting.(e) The Committee may encourage members of the legislature to advise constituents who are eligible for burial in the Cemetery. The Committee may elect to advise members of the legislature by formal written communication.", "sourceNote": "Source Note: The provisions of this §71.21 adopted to be effective November 26, 1998, 23 TexReg 11795; amended to be effective July 27, 2000, 25 TexReg 6977; amended to be effective July 8, 2010, 35 TexReg 5817; amended to be effective May 20, 2013, 38 TexReg 2997." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=146715&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "146715", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "5", "label": "TEXAS STATE CEMETERY COMMITTEE" }, "chapter": { "number": "71", "label": "TEXAS STATE CEMETERY" }, "rule": { "number": "§71.23", "label": "Cancellation of Burial Reservations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=64600&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "64600", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An individual or the legal representative of an individual who has made a burial reservation in writing may cancel the reservation at any time by providing written notice to the superintendent.(b) The Committee may cancel a burial reservation if:(1) the individual for whom the reservation was made has been interred in another cemetery for at least two (2) years and no written reinterment request has been made to the Committee; and(2) the Committee provides thirty (30) days notice, by certified mail to at least one member of the family of the individual or to the legal representative of the individual at the person's last known address of the date, time and location of the open meeting where the Committee will consider canceling the burial reservation; and(3) the Committee provides the family member or legal representative of the individual whose burial reservation is subject to cancellation the opportunity to appear in person or to submit written documentation clearly demonstrating why the burial reservation should not be canceled.(c) Cancellation of a burial reservation does not preclude the family or legal representative of an individual whose burial reservation has been canceled from submitting an application to erect a cenotaph.", "sourceNote": "Source Note: The provisions of this §71.23 adopted to be effective July 27, 2000, 25 TexReg 6977; amended to be effective July 8, 2010, 35 TexReg 5817." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=64600&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "64600", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "6", "label": "TEXAS EMANCIPATION JUNETEENTH CULTURAL AND HISTORICAL COMMISSION" }, "chapter": { "number": "81", "label": "GENERAL RULES FOR OPERATION OF THE COMMISSION" }, "rule": { "number": "§81.1", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=64601&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "64601", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms shall have the meanings assigned to them unless the context clearly requires otherwise:(1) Chairman means the presiding officer elected by the Commission in accordance with Texas Government Code §448.008.(2) Commission means the Texas Emancipation Juneteenth Cultural and Historical Commission.(3) Juneteenth means the anniversary of the event of emancipation from slavery that occurred in Texas on June 19, 1865.", "sourceNote": "Source Note: The provisions of this §81.1 adopted to be effective June 30, 1999, 24 TexReg 4818." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=64601&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "64601", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "6", "label": "TEXAS EMANCIPATION JUNETEENTH CULTURAL AND HISTORICAL COMMISSION" }, "chapter": { "number": "81", "label": "GENERAL RULES FOR OPERATION OF THE COMMISSION" }, "rule": { "number": "§81.3", "label": "Administration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=64598&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "64598", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Governance.(1) Chairman.(A) At the first regularly called meeting of each state fiscal year, the commission shall elect a chairman from among the members of the commission.(B) Either appointed or ex officio members shall be eligible to serve as the chairman.(C) In the event of the resignation or ineligibility of the chairman to serve, the commission shall select a new chairman at any regular or called meeting of the commission.(2) Vice Chairman(A) The chairman may appoint a vice chairman to fulfill the duties of the chairman in the absence of the chairman.(B) The vice chairman serves at the pleasure of the chairman.(3) Committees.(A) The chairman may appoint committees from among the members of the commission as may be determined necessary to conduct the business of the commission.(B) Members of committees serve at the pleasure of the chairman.(b) Duties of the Chairman.(1) The chairman shall preside over the meetings of the commission.(2) The chairman shall call regular and special meetings of the commission as necessary to conduct the business of the commission, including:(A) posting such notice of meetings as is legally required;(B) notifying all members of the commission of the time, date, and place of meetings; and(C) determining the agenda of such meetings.(3) The chairman shall approve expenditures by the commission, including vouchers, contracts, and other expenditures authorized by law or rule of the commission.(4) The chairman may hire such staff as is necessary to conduct the business of the commission, at a salary within the appropriate classification as established by the legislature.(5) The commission, by resolution, may delegate appropriate duties to the staff, but such staff may not be delegated the duty to adopt rules.(c) Conduct of Business.(1) The commission may conduct business at any regularly scheduled or specially called meeting of the commission.(2) A quorum for the conduct of business shall be a majority of the voting members of the commission.(3) When a quorum is present, action may be taken by a vote of a majority of the voting members present.(4) Nonvoting (ex officio) members of the commission may participate in all business of the commission, except they shall not vote.(5) The commission shall allow the general public an opportunity to comment on the business of the commission at each regularly scheduled meeting of the commission. The time allotted to members of the public may be limited to a time not less than three minutes per person if necessary to expedite the business of the commission.(d) Contracting.(1) The commission may perform through contract with another governmental body or a private person or entity, any function it is otherwise allowed to perform.(2) The chairman may approve and sign any contract with a total value not to exceed $10,000.(3) The commission by vote shall approve any contract with a total value in excess of $10,000.(4) The commission, through the General Services Commission, may lease or contract for space for staff offices in a state-owned or other appropriate building.", "sourceNote": "Source Note: The provisions of this §81.3 adopted to be effective June 30, 1999, 24 TexReg 4818." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=64598&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "64598", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "6", "label": "TEXAS EMANCIPATION JUNETEENTH CULTURAL AND HISTORICAL COMMISSION" }, "chapter": { "number": "81", "label": "GENERAL RULES FOR OPERATION OF THE COMMISSION" }, "rule": { "number": "§81.5", "label": "Finances" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=64599&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "64599", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Budget and Appropriations.(1) The commission shall annually approve an operating budget for the operations of the commission.(2) The commission shall, on the schedule established by the legislature or such other times as shall be appropriate, approve a legislative appropriations request and forward the request to the appropriate agencies.(3) The chairman shall monitor the expenditure of the funds of the commission and shall report to the commission at each regularly scheduled meeting on the accounts of the commission.(b) Donations.(1) The commission may solicit and accept donations of money to fund the operations of the commission, the advisory committee to the commission, the monuments to be created by the commission, the celebration of Juneteenth, or for any other purpose of the commission. The commission may solicit and accept donations of personal property or real property to be used by the commission in any manner within the authority of the commission.(2) The commission may contract with another state agency or with a private entity to raise funds.(3) Donations of money shall be deposited into the Emancipation Juneteenth Cultural and Historical Commission Account in the state treasury.(4) Donations of personal property shall be held for safekeeping as may be provided by the commission.(5) Donations of real property may be used for the placement of monuments to commemorate the Juneteenth holiday, or, if not used for that purpose, may be disposed of in accordance with state law and any conditions imposed by the grantor. The proceeds from any sale shall be deposited into the Emancipation Juneteenth Cultural and Historical Commission Account in the state treasury.", "sourceNote": "Source Note: The provisions of this §81.5 adopted to be effective June 30, 1999, 24 TexReg 4818." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=64599&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "64599", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "6", "label": "TEXAS EMANCIPATION JUNETEENTH CULTURAL AND HISTORICAL COMMISSION" }, "chapter": { "number": "81", "label": "GENERAL RULES FOR OPERATION OF THE COMMISSION" }, "rule": { "number": "§81.7", "label": "Advisory Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "174", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The commission shall appoint an advisory committee to advise the commission on all matters relating to the construction, dedication, and maintenance of the monuments, markers or other commemorations, including:(1) site selection;(2) fund raising from public and private sources;(3) establishing a schedule for the design, construction, and dedication of the monuments;(4) procedures for soliciting designs for the monuments;(5) selecting the final design of the monuments(6) procedures for selecting a contractor to construct the monuments; and(7) reviewing and monitoring the design and construction process.(b) The advisory committee shall be composed of not less than 10 nor more than 15 members. Members of the advisory committee should have exhibited an interest in the cultural and historical heritage of Texas, be knowledgeable of architecture or construction of monuments, be acknowledged community leaders, or bring other important qualities to the advisory committee.(c) Selection of the advisory committee.(1) Each member of the Commission may nominate not more than two persons to serve on the advisory committee.(2) Persons nominated by the members of the commission may provide information concerning their qualifications and concerning their availability and willingness to serve to the commission.(3) The commission shall select the members of the advisory committee by vote at a meeting of the commission.(d) Members of the advisory committee may be reimbursed for their expenses for service on the advisory committee on the same basis as members of the commission.", "sourceNote": "Source Note: The provisions of this §81.7 adopted to be effective June 30, 1999, 24 TexReg 4818." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=174&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "174", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.1", "label": "Official Name of the Board" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "175", "queryAsDate": "03/11/2026" }, "ruleBody": "The name of the board shall be the State Preservation Board.", "sourceNote": "Source Note: The provisions of this §111.1 adopted to be effective December 25, 1985, 10 TexReg 4804." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=175&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "175", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.2", "label": "Chairman" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29795&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "29795", "queryAsDate": "03/11/2026" }, "ruleBody": "The governor shall be chairman of the board.", "sourceNote": "Source Note: The provisions of this §111.2 adopted to be effective December 25, 1985, 10 TexReg 4804." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=29795&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "29795", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.3", "label": "Co-vice Chairpersons" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7430&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7430", "queryAsDate": "03/11/2026" }, "ruleBody": "The lieutenant governor and the speaker of the house shall serve as co-vice chairpersons. They shall perform the duties of the chairman in case of absence or disability of the chairman.", "sourceNote": "Source Note: The provisions of this §111.3 adopted to be effective December 25, 1985, 10 TexReg 4804; amended to be effective April 12, 1994, 19 TexReg 2197." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7430&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7430", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.4", "label": "Committees" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77737&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "77737", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Executive committee. The executive committee shall consist of the chairman and the co-vice chairpersons.(b) Other committees. The chairman may appoint other committees from the board from time to time.", "sourceNote": "Source Note: The provisions of this §111.4 adopted to be effective December 25, 1985, 10 TexReg 4804; amended to be effective April 12, 1994, 19 TexReg 2197." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77737&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "77737", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.5", "label": "Board Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7432", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Regular Meetings. The board shall meet at the call of the governor. These meetings shall be held at such designated places, times and dates as may be determined by the chairman.(b) Quorum. Four members of the board shall constitute a quorum.", "sourceNote": "Source Note: The provisions of this §111.5 adopted to be effective December 25, 1985, 10 TexReg 4804; amended to be effective April 12, 1994, 19 TexReg 2197; amended to be effective April 30, 2000, 25 TexReg 3524." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7432&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7432", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.6", "label": "Transaction of Business" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176", "queryAsDate": "03/11/2026" }, "ruleBody": "The board may transact official business only when in session and shall not be bound in any way by any statement or action on the part of any individual member except when such statement or action is in pursuance of specific instruction of the board. No order or decree shall be adopted by the board except in open meeting and in accordance with the Texas Open Meetings Act.", "sourceNote": "Source Note: The provisions of this § 111.6 adopted to be effective December 25, 1985, 10 TexReg 4804." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.7", "label": "Agenda" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7439&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7439", "queryAsDate": "03/11/2026" }, "ruleBody": "The chairman, in cooperation with the executive director, shall prepare and submit to each member of the board prior to each meeting of the board an advance copy of an agenda, outlining matters that will be considered by the board and such other matters, materials, and information as members have requested to be included for consideration.", "sourceNote": "Source Note: The provisions of this §111.7 adopted to be effective December 25, 1985, 10 TexReg 4804; amended to be effective November 12, 1991, 16 TexReg 6129." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7439&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7439", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.8", "label": "Order of Business" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7438", "queryAsDate": "03/11/2026" }, "ruleBody": "The order of business to be observed by the board should be as follows:(1) call to order;(2) introduction of visitors and guests;(3) reading and/or approval of the minutes of the previous meeting;(4) communications;(5) old or unfinished business;(6) new business;(7) final adjournment; and(8) executive sessions on relevant subjects in accordance with the Open Meetings Act.", "sourceNote": "Source Note: The provisions of this § 111.8 adopted to be effective December 25, 1985, 10 TexReg 4804." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7438", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.9", "label": "Rules of Order" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7393&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7393", "queryAsDate": "03/11/2026" }, "ruleBody": "In its deliberations, the board shall be governed by Roberts' Rules of Order, Revised, except as otherwise provided by these rules and regulations or by statute.", "sourceNote": "Source Note: The provisions of this § 111.9 adopted to be effective December 25, 1985, 10 TexReg 4804." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7393&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7393", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.10", "label": "Minutes of the Board Meetings" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "177", "queryAsDate": "03/11/2026" }, "ruleBody": "Copies of the official minutes of each meeting of the board shall be distributed to members of the board, key personnel, the legislative and governor's budget offices, and to such private citizens as may make a formal request in writing. An official copy of all board minutes shall remain on file in the office of the State Preservation Board available to any citizen desiring to examine them during regular business hours.", "sourceNote": "Source Note: The provisions of this §111.10 adopted to be effective December 25, 1985, 10 TexReg 4804; amended to be effective November 12, 1991, 16 TexReg 6129." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=177&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "177", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.11", "label": "Inventions of Publishable Material" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7440&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7440", "queryAsDate": "03/11/2026" }, "ruleBody": "Any invention or publishable material created by an employee of the State Preservation Board which results from his or her employment is the property of the State Preservation Board.", "sourceNote": "Source Note: The provisions of this § 111.11 adopted to be effective December 25, 1985, 10 TexReg 4804." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7440&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7440", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.12", "label": "Additional Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157263&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157263", "queryAsDate": "03/11/2026" }, "ruleBody": "The State Preservation Board may adopt additional rules relating to the procedures of the board and the duties of the staff from time to time by majority vote.", "sourceNote": "Source Note: The provisions of this § 111.12 adopted to be effective December 25, 1985, 10 TexReg 4804." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157263&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157263", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.14", "label": "Events in the Capitol and Capitol Extension" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157264&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157264", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Event--Any performance, ceremony, or presentation held in the public areas of the Capitol, Capitol Extension, or on the Capitol Grounds.(2) Public areas of Capitol and Capitol Extension--The hallways, entrances, rotundas, other areas adjacent to and near the rotunda, central gallery, state seal court.(3) Public purpose--The promotion of the public health, education, safety, morals, general welfare, security, and prosperity of all of the inhabitants or residents within the state, the sovereign powers of which are exercised to promote such public purpose or public business. The chief test of what constitutes a public purpose is that the public generally must have a direct interest in the purpose and the community at large is to be benefitted. This does not include activities which promote a specific viewpoint or issue and could be considered lobbying. Political rallies, receptions, and campaign activities are prohibited in the public areas of the Capitol and Capitol Extension.(4) State official sponsor--The Governor, the Lieutenant Governor, the Speaker of the Texas House of Representatives, a Texas Senator, or a member of the Texas House of Representatives.(b) Fee for use of Capitol or Capitol Extension. A fee is required from persons or entities that use the Capitol or Capitol Extension for an event or other scheduled activity. The fee is in an amount set by the office of the State Preservation Board designed to recover the estimated direct and indirect costs to the state for the event, including the costs of labor, materials, and utilities directly or indirectly attributable to the event. The fee is required in the office of the State Preservation Board no later than 24 hours prior to the event or other scheduled activity.(c) Event Approval Criteria for Capitol and Capitol Extension.(1) Events shall be approved and scheduled by the office of the State Preservation Board upon the recommendation of a state official sponsor as described in subsection (a)(4) of this section.(2) Events must be for a public purpose as defined in subsection (a)(3) of this section.(3) Requests must be submitted on forms provided by the State Preservation Board and be accompanied by:(A) a detailed description of the event, including equipment and props to be used, and anticipated length and scope;(B) a brief statement of the purpose of the event;(C) the area in the Capitol or Capitol Extension being requested;(D) a list of all electrical equipment and power requirements for each piece of equipment;(E) a recommendation from the state official sponsor as described in subsection (a)(4) of this section.(4) Incomplete requests will not be considered.(5) Events in the Capitol or Capitol Extension should not exceed 45 minutes in length.(6) Performances in the Capitol rotunda are allowed only between 12:00 p.m. and 1:00 p.m.(7) Events will not be approved if they:(A) have no obvious public purpose;(B) are determined by the office of the State Preservation Board to be inappropriate to the historical setting of the Capitol or Capitol Extension;(C) promote a commercial enterprise;(D) obstruct entrances or interrupt traffic flow through the building;(E) have the potential to cause damage to state property (including, but not limited to, the Capitol's exterior walls, interior walls, doors, windows, woodwork, or floors);(F) obstruct the view of or access to fire-fighting equipment, fire alarm pull stations, or fire hydrants;(G) involve the use of any flammable, hazardous, or odorous chemicals or materials, torches, candles, or other open-flame illuminating devices or fire, or are determined to be a fire hazard by the Capitol Fire Marshal;(H) involve use of signs or placards attached to objects that might cause damage to the Capitol, Capitol Extension or Capitol Grounds.(8) Events may not interfere with any legislative session or regular use of the Capitol or Capitol Extension for transaction of state business.(9) Sound equipment, chairs, podiums, or other equipment ordinarily required for ceremonies, presentations, or performances may be used only with prior approval by the office of the State Preservation Board, and shall be furnished by the requesting party. Installation approval is subject to inspection.(10) The State of Texas, the State Preservation Board, or any employee of the State Preservation Board are not liable for any injury which may occur to any person during events.(11) All art, photographic exhibits, banners, streamers, or posters, used during an event must be on freestanding displays. Such materials may not be hung from walls or railings.(12) Fund-raising on the premises is not allowed unless the fund-raising directly benefits the Capitol, Capitol Extension or Capitol Grounds, or unless it is part of the gubernatorial inaugural, or a similar event approved by the board, and the funds are used to help defray the costs of the event.(13) With the exception of businesses authorized by the State Preservation Board, vendors and/or the promotion of a commercial enterprise involving the exchange of money are prohibited.(14) Security requirements other than that routinely provided by Capitol police are the responsibility of the organizers; however, the office of the State Preservation Board must approve any additional security arrangements.(d) Scheduling Events in the Capitol and Capitol Extension.(1) No more than two events will be scheduled for either the Capitol, Capitol Extension or Capitol Grounds in one working day.(2) A written request to schedule an event must be received by the office of the State Preservation Board no later than one week before the date requested.(e) General provisions. Upon completion of the event, organizers will be held responsible for clean-up of the area. State Preservation Board will conduct an inspection of the area to determine whether it was adequately cleaned. The organizer(s) will be responsible for the costs of any additional clean-up or damage repair. The organizer(s) may be present at this inspection by contacting the office of the State Preservation Board.", "sourceNote": "Source Note: The provisions of this §111.14 adopted to be effective April 30, 2000, 25 TexReg 3524; amended to be effective March 3, 2002, 27 TexReg 1318; amended to be effective July 1, 2012, 37 TexReg 4981." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157264&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157264", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.15", "label": "Use of the Capitol, Capitol Extension, Capitol Grounds, and General Land Office for Film or Video Production" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157265", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definition and approval of film or video production.(1) A film or video production is defined as a sound and visual production, including a film, television program, national or multistate commercial, or digital interactive media production. The rules listed in this section do not apply to news gathering by the press.(2) All film or video production must be approved by the office of the State Preservation Board. The office of the State Preservation Board reserves the right to deny use of the Capitol for reasons involving security, preservation of the Capitol as a national historic landmark, impact on the buildings or their occupants, and the appropriateness of the proposed activities within a public building. A decision will be made after a careful review of the content, purpose, and impact on the buildings.(3) Film or video production for commercial advertising purposes is strictly prohibited.(b) Scheduling of film or video production.(1) The office of the State Preservation Board will be responsible for scheduling production dates.(2) All production companies will be required to fill out an application and submit a letter of intent to proceed with production.(3) The office of the State Preservation Board will require production walk-throughs to discuss security, parking, electrical, and other special needs.(4) All production companies will be required to enter into a location agreement which outlines a production schedule, shot-sheet, liability for damages and injury, proof of insurance, preparation work, and post-production clean-up.(5) The State Preservation Board may charge a fee, in an amount set by the executive director, for use of the Capitol, Capitol Extension, or General Land Office Building. Income from fees under this paragraph shall be used for preservation of the buildings.(6) The State Preservation Board shall be reimbursed for staff time allocated to any filming or videoing activity, including benefits and support costs.(7) Production activities will generally be prohibited during standard business hours (8:00 a.m. to 5:30 p.m. weekdays) and during legislative sessions.(c) Use of the Capitol.(1) Film or video production activities must be compatible with the preservation of the historic preservation of the Capitol.(2) Construction in the Capitol for production purposes is strictly prohibited.(3) Film or video production is prohibited in the Historically Significant spaces listed: House Chamber, Senate Chamber, Original Governor's Office, Treasury, Legislative Library, Supreme Courtroom, Appeals Courtroom, Agricultural Museum Room, Secretary of State's Office, Governor's Reception Room. The Texas House of Representatives and the Texas Senate may authorize the use of video in the House Chamber or Senate Chamber for governmental purposes or special activities scheduled by the House or Senate.(4) Attachments to or contact with furnishings, artwork, or architectural surfaces is strictly prohibited.(5) Any film or video production aids or equipment must be freestanding with a stable base.", "sourceNote": "Source Note: The provisions of this §111.15 adopted to be effective July 20, 1988, 13 TexReg 3411; amended to be effective November 12, 1991, 16 TexReg 6129; amended to be effective April 12, 1994, 19 TexReg 2197; amended to be effective April 4, 1996, 21 TexReg 2643; amended to be effective July 1, 2012, 37 TexReg 4891." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157265&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157265", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.16", "label": "Changes to the Capitol Building, Capitol Extension Building, General Land Office Building, and Grounds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157266", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definition and categories of change.(1) Changes--Any alteration, addition, relocation, or other form of renovation to the Capitol building, Capitol extension building, General Land Office building, and/or their grounds.(2) Changes may be divided into three categories:(A) construction, restoration, and repairs;(B) relocations/additions of furnishings and artwork;(C) maintenance and custodial.(b) Construction, restoration, and repairs.(1) All changes involving construction, restoration, and repairs, as defined in this subsection, shall be approved in writing by the office of the State Preservation Board before change may occur. Changes include, but are not limited to:(A) artwork (historical);(B) built-in appliances;(C) concrete work;(D) demolition;(E) earthwork and plantings;(F) electrical work;(G) excavation;(H) floor coverings;(I) furnishings (historical);(J) graphics;(K) hardware;(L) heating/ventilation/air-conditioning;(M) lighting;(N) masonry work;(O) metalwork (including roofing);(P) paint and other applied finishes (including color and reflectance selection);(Q) parking configuration;(R) plaster work;(S) plumbing;(T) removal of materials;(U) telecommunications installation;(V) window coverings;(W) woodwork (including refinishing and bookshelves built in or attached to the building in a manner that makes the bookshelves permanent fixtures).(2) A status report listing all changes approved during the previous period shall be provided by the executive director to all State Preservation Board members at or before each board meeting.(3) Any change approved by the office of the State Preservation Board and of a dollar construction amount over $10,000 shall subsequently require final approval by the State Preservation Board in open meeting.(4) All changes, regardless of cost, that occur in areas under the jurisdiction of the State Preservation Board and result in a different room or area configuration from existing room or area use, alter existing wall partition configurations, substantially affect original materials, or that seek to restore the original appearance of an area will require to be approved by the State Preservation Board before change may occur.(5) State agency directors, or their assignees, and state legislators, upon denial of a change request by the office of the State Preservation Board, may bring their request before the board at the next open meeting for a final ruling.(c) Furnishings and artwork.(1) A change request form must be filled out if a change (permanent additions, loans, location changes, and maintenance) related to the state-owned objects of historical significance in the buildings and on the grounds is sought.(2) Changes to furnishings and artwork must be approved by the curator of the Capitol.(d) Maintenance and custodial.(1) Usual maintenance is defined as any work necessary for the continual upkeep of the grounds, building, and furnishings therein. Usual maintenance includes changing of light bulbs, repainting with identical color, texture, and reflectance value of paint; and preventative and routine maintenance of heating, air conditioning, or plumbing systems. The agency head, or assignee, is to make requests for usual maintenance, of a value under $5,000, to the office of the State Preservation Board.(2) Custodial or regular cleaning shall be directed by the occupying agency for their area. Public areas shall be maintained at the direction of the office of the State Preservation Board.(3) Major maintenance is defined as any non-emergency upkeep of the buildings or grounds that exceeds the cost of $5,000, such as repainting, baseboard replacement, wood refinishing, replacement of ceiling tiles or panels, and replacement of light fixtures.", "sourceNote": "Source Note: The provisions of this §111.16 adopted to be effective November 18, 1988, 13 TexReg 5555; amended to be effective November 12, 1991, 16 TexReg 6129; amended to be effective April 12, 1994, 19 TexReg 2197; amended to be effective April 30, 2000, 25 TexReg 3525; amended to be effective July 1, 2012, 37 TexReg 4891." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157266&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157266", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.17", "label": "Capitol Collections Policy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157267", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. The State Preservation Board sets as its purpose to collect, preserve, protect, interpret, and maintain information on original or period objects of historical significance to the Capitol or the State of Texas, or appropriate to the early period of the Capitol's history (circa 1880-1920). The board will encourage study of its collections including publications concerning the objects, and will maintain the highest ethical standards in its interpretation of the collection.(b) Types of collections.(1) It is recognized the Capitol is primarily a functioning building and not a museum. As a historic structure it is appropriately the repository for a limited number of original or period objects of the highest quality and significance to the history of the building or the State of Texas, or appropriate to the early period of the Capitol's history (circa 1880-1920).(2) Unlike museums, however, that are equipped and designed to maintain secondary research or exchange collections, the board will only maintain a primary Capitol collection including paintings, furnishings, sculpture, decorative arts, and other related artifacts. The board will acquire only artifacts that are appropriate to the purpose of the Capitol collections policy. Objects that do not meet the standards noted in paragraph (1) of this subsection may be referred to other state or appropriate depositories.(c) Methods of acquisition.(1) The board shall acquire its collections through purchase, gift, bequest, or any other transaction consistent with applicable state or federal requirements by which title to objects is transferred to the board.(2) To the extent practicable, the board shall use gifts of property made to the board for the purpose specified by the grantor. The board may refuse a gift if in the board's judgment the purpose specified by the grantor conflicts with the goal of preserving the historic character of the buildings under the board's control. The office of the State Preservation Board will report to the board on new acquisitions and request the board's formal approval of the acquisitions at each meeting of the board.(3) The board may accept loans from individuals, institutions, organizations, or foundations only if they enhance the purposes and activities of the board. Loans will only be accepted for display or use in buildings or on grounds which are under the jurisdiction of the board. As a general rule, the board shall not approve the loan of items from the Capitol collection.(4) In addition, the board maintains the right to deaccession items from the collection. Only material that is no longer considered relevant or useful to the purposes of the board will be considered for deaccessioning.(5) To deviate from any of the policies will require the approval of the executive director of the State Preservation Board, curator of the Capitol, and the board.(d) Care and documentation of collections.(1) The curator of the Capitol is responsible for the care of the collections. Appropriate maintenance, security, and conservation procedures shall be developed and followed.(2) Proper records on collected material, permanent or loan, shall be maintained by the curator of the Capitol, and a report to the board on the status of the collections will be made as requested.(e) Capitol collections management manual.(1) A Capitol collections management manual in §111.18 of this title (relating to Capitol Collections Management Manual) shall be developed by the curator of the Capitol to effectively carry out the guidelines contained in the Capitol collections policy.(2) The collections management manual shall expand the contents of the collections policy by detailing specific procedures for acquisitions, deaccessions, and loans. Complete accessioning, cataloguing, care, and conservation procedures shall be outlined in the manual.(f) Standards of conduct, other Capitol collections and related materials, revisions to the policy.(1) As a general policy, all parties shall adhere to the ethical guidelines recommended by the American Association of Museums. No member of the board, the office of the State Preservation Board, or any other individuals specified by the board shall personally receive, directly or indirectly, any favor, promise, or thing of value which could or appear to induce, discourage, or influence a recommendation, decision, or action affecting accessions, deaccessions, loans, exhibitions, or activities related to the Capitol collection. All parties shall demonstrate a good faith effort to avoid even the appearance of a conflict of interest.(2) While the board does not have complete location control over certain historical artifacts used in legislative members' offices in the historic Capitol, all other aspects of the collections policy and collections management manual apply to all such artifacts.(3) Any revisions to the policy must be approved by the office of the State Preservation Board, and the board.(4) Upon recommendation of the curator of the Capitol and the executive director of the State Preservation Board, the board may approve exceptions to this policy.(g) Items in the Capitol collection, unless on loan or in storage as provided under this chapter, shall be located in the Capitol, except that portraits originally identified with the supreme court or the court of criminal appeals initially displayed in the Capitol after 1915 shall be located, at the particular court's discretion, in the present quarters of the court to which the item is identified. An item located at the direction of a court remains part of the Capitol collection and is subject to preservation and protection by the board.", "sourceNote": "Source Note: The provisions of this §111.17 adopted to be effective January 12, 1989, 14 TexReg 56; amended to be effective April 12, 1994, 19 TexReg 2197; amended to be effective April 30, 2000, 25 TexReg 3525; amended to be effective July 1, 2012, 37 TexReg 4891." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157267&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157267", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.18", "label": "Capitol Collections Management Manual" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7433", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Goals of the manual.(1) The Capitol Collections Management Manual has been developed by the curator of the Capitol to further define the Texas Capitol collections policy, detailing the specific procedures that are to be followed to fully carry out the guidelines of the collections policy.(2) The overall goal of the policy and the management manual is to collect, preserve, protect, interpret, and maintain information on original or period objects of historical significance to the Capitol or the State of Texas or appropriate to the early period of the Capitol's history (circa 1880-1920).(b) Responsibility for collections.(1) The State Preservation Board was established as an agency in 1983 to preserve, maintain, and restore the State Capitol, its contents, and grounds (Texas Government Code, Chapter 443).(2) In order to assist the State Preservation Board and the office of the State Preservation Board in carrying out the purpose of the collections policy, the curator may consult recognized authorities or scholars in one or more of the following fields: Texas material culture; American decorative arts (19th century emphasis); Texas paintings (historical); Texas history; or a related field.(c) Methods of acquisition.(1) The office of the State Preservation Board shall acquire the collections through purchase, gift, bequest, or any other transaction consistent with applicable state or federal requirements by which title to objects is transferred to the board. To the extent practicable, the board shall use gifts of property made to the board for the purpose specified by the grantor. The board may refuse a gift if in the board's judgment the purpose specified by the grantor conflicts with the goal of preserving the historic character of the buildings under the board's control. The curator of the Capitol will report to the board on new acquisitions and request the board's formal approval of the acquisitions at each meeting of the board.(2) Prior to purchase, the office of the State Preservation Board will attempt to acquire the object or comparable material through gift, bequest, or transfer. Only items which the office of the State Preservation Board feels can be given proper care for an indefinite period of time will be acquired. Items known to have questionable provenance or title or obtained through illicit trade shall not be acquired. Only when the office of the State Preservation Board has determined to the best of its ability that material has been collected, exported, or imported in compliance with the laws and regulations of the country of origin, of the federal government of the United States, and of individual states within the United States, shall material be acquired by the board. The office of the State Preservation Board will conduct its collecting activities with a reasonable certainty that its approach is consistent with the spirit and intent of these laws and programs.(3) If it determined that an object offered for acquisition is stolen property or has entered the United States illegally, the office of the State Preservation Board will report all pertinent facts, in writing, to the board.(d) Donation, bequests, purchases, and other transactions.(1) To the extent practicable, the board shall use gifts of property made to the board for the purpose specified by the grantor. The board may refuse a gift if in the board's judgment the purpose specified by the grantor conflicts with the goal of preserving the historic character of the buildings under the board's control. All encumbrances shall be stated clearly in an instrument of conveyance, shall be made part of the State Preservation Board permanent record, and shall be observed by the executive director and the curator of the Capitol of the State Preservation Board. Whenever possible donations should be accompanied by funds which will be restricted to an endowment for conservation and collection. Applicable Internal Revenue Service rules related to donations shall be adhered to by all relevant parties.(2) In the absence of indication to the contrary, the State Preservation Board, the executive director and the curator of the Capitol shall assume that all donors are sole owners and shall have no responsibility for confirming ownership. In addition, if the donor possesses copyright to material, he shall be encouraged to relinquish and transfer to the board all right, title, and interest in copyright and transfer the exclusive rights of reproduction, adaptation, and distribution to the board. If this is not agreed upon, the material shall be treated as an encumbered donation.(3) The board reserved the right to accept or refuse any bequest of collection material or any part thereof made to it. In reviewing a bequest, the board shall follow the same procedures as for donations.(4) A written appraisal from a licensed appraiser shall be obtained by the curator prior to the purchase of items over $10,000 and otherwise deemed advisable. Taking into consideration the comments of the curator of the Capitol, the office of the State Preservation Board may purchase items under $10,000 given the availability of necessary funds. Items over $10,000 shall require the approval of the board prior to purchase.(5) The board may also acquire items through interagency transfer as provided by the Texas Government Code, §443.017 and other applicable state law.(6) Any other transaction by which title to material is transferred to the board shall be approved by the board upon the recommendation of the executive director of the State Preservation Board and the curator of the Capitol.(7) Board members or staff of the State Preservation Board shall not give appraisals, either of donations, of privately owned materials, or otherwise; however, upon request of the curator of the Capitol may suggest possible appraisers to the potential donor. In most cases, at least three appraisers should be suggested.(8) State law provides that in most cases all records of a governmental body are open to the public following procedures established under the Open Records Act. One exception to that rule is information pertaining to appraisals or the purchase price of personal property for public purposes prior to the formal award of the contract.(e) Deaccessioning.(1) The board may deaccession material in order to refine its collections and effect exchanges or purchases of material more in keeping with its purposes. All material considered for deaccessioning by the curator of the Capitol must be approved by the executive director of the State Preservation Board and the board prior to deaccession. No donated object shall be deaccessioned for any reason for two years and one day after the date of its acquisition.(2) The procedures for deaccessioning material from the Capitol collections shall be consistent with those procedures established by Article 601b, Vernon's Civil Statutes. Items shall not be returned to donors. However, when applicable, the donor shall not be precluded from purchasing material if it is offered at public sale. The curator of the Capitol shall make a reasonable attempt to notify the donors of the material 30 days prior to any such sale. All monies received from the deaccessioning of material shall be placed in a fund restricted for acquisitions or direct care of the collections.(3) Prior to deaccessioning, the curator of the Capitol shall determine current fair market value of the material. Two independent appraisals shall be obtained for items valued potentially over $10,000.(4) No board member, staff person of the office of the State Preservation Board, or other individuals designated by the board may purchase deaccessioned items from the board. Museum ethics as well as discretion should always be exercised in such instances.(5) A complete file on all deaccessioned materials shall be maintained by the curator of the Capitol.(6) In deaccessioning, the board shall give preference to retaining material that is part of the artistic, historical, or cultural heritage of the Capitol or the State of Texas.(f) Loans to the board.(1) Loans to the board shall only be approved when consistent with its programs and activities. The curator of the Capitol may accept loans to buildings and grounds under the jurisdiction of the board.(2) Items placed in the Capitol on a short-term exhibit basis that fall under §111.13 of this title (relating to Exhibitions and Events in the Capitol Building) are not included under this manual and shall be monitored by appropriate State Preservation Board staff according to established procedures. All loans shall be for specific periods of time. Permanent or indefinite loans will not be accepted.(3) All rules and regulations governing loans to the Capitol shall be clearly stated in a contractual document and agreed to by the lender and the office of the State Preservation Board prior to the latter's taking custody of loaned material. Items on loan for display in the Capitol shall be treated as permanent collection items, the curator of the Capitol being responsible for their maintenance and handling. However, insurance shall be carried by the lender unless other arrangements, in contractual format, are agreed upon in advance. If the loan has any unusual encumbrances, it must also be approved by the board. Items on loan for review as potential purchases or donations shall be treated as temporary custody items, and a contractual agreement with specific terms or conditions shall be completed.(4) Every attempt shall be made to keep in yearly contact with the owner of the loaned material. In the event that the existence and location of the owner is unknown to the curator of the Capitol for longer than three years, the Texas Escheat Laws, located at the Texas Property Code Annotated, §72.101 et. seq., shall take effect and be followed by the office of the State Preservation Board. The office of the State Preservation Board shall only return lent material to the original lender or duly authorized agents. Heirs must present legal proof of ownership before the board will release lent material.(5) Complete records of all loan transactions shall be kept by the curator of the Capitol.(g) Loans from the board.(1) Since the Capitol collections consist primarily of objects that are either being used or displayed in functional or public areas of the building, and because of limitations of staff and equipment, as a general rule the loan of items from the Capitol collections will not be approved. This loan policy does not apply to items released from conservation treatment or short-term storage.(2) Any deviation from this loan policy must be approved by the curator of the Capitol, the executive director of the State Preservation Board and the board. In order to be considered, a potential borrower preferably should be an established museum, in most cases preferably accredited by the American Association of Museums. The borrowing institution's security, climate control, and other factors will be taken into consideration during the review process. In the event a loan from the collection is approved, insurance will be carried by the borrower who will provide the board with a wall-to-wall certificate of insurance. Any exceptions must be made in advance in a contractual document. All rules and regulations governing loans from the Capitol collections will be clearly stated in a contractual document and agreed to by the borrower and the office of the State Preservation Board prior to releasing material to the borrower.(h) Documentation of collections.(1) Items of historical significance under the purview of the State Preservation Board will be accessioned and catalogued according to standard museum methods.(2) In addition to an item's state inventory number or any other number, each object will be assigned a Capitol historical artifact (CHA) number. The numbers will be assigned sequentially on a yearly basis. The prefix of the number will be the year of accession, followed by a sequential number (ie. 1988.1, 1988.2, 1988.3, and so on). An \"R\" preceding the CHA number shall identify items that are reproductions of original Capitol furnishings items. These items will be referred to as the Reproduction Capitol Historical Artifact Collection. A label will be affixed to each item noting that it is a Capitol historical artifact. In addition, the accession number will be permanently marked on the item following accepted museum methods. An annual inventory of the collection will be conducted by the curator of the Capitol.(3) Each accession will be promptly entered into an accession book, in order by CHA number. The accession book will contain the following information for each item: CHA number, state inventory number (or other number), name brief description and measurements, source, date of accession, and location. In addition, all accession and basic catalog information on each CHA will be entered on a computer database.(4) A catalog report will be completed for each item and updated as required. A black-and-white (color when necessary) contact print of the object will be affixed to each report. The original catalog reports will be placed in an archival sleeve and filed in the appropriate object file. Copies of the catalog reports will be kept in notebooks in order by CHA number. Additional files on the collections will be maintained, including:(A) object files kept in archival file folders:(i) original catalog report;(ii) photographs of the object and, when generated, an eight-inch by ten-inch black-and-white photograph in archival sleeve;(iii) copies or originals of any invoices, receipts, or other paperwork related to acquisition; and(iv) background information and research on the object;(B) photographic files:(i) each CHA will be professionally photographed in 2 1/4-inch or four-inch by five-inch black-and-white format, and color when appropriate;(ii) resulting negatives and transparencies will be labeled and kept in archival storage files by negative/transparency size, filed in CHA order;(iii) an eight inch by ten inch black-and-white print will be developed, labeled and filed in each CHA object file as funding permits;(iv) any additional 35mm black-and-white and color prints and negatives related to the collections will be assigned photo numbers and filed chronologically by date photographed in archival boxes;(v) black-and-white (and color when applicable) condition photographs will be taken of any defects, flaws and/or damages to CHAs; one set will be filed in the object files, a copy set with negatives will be filed per clause (iv) of this subparagraph.(C) maintenance log:(i) a ledger will be maintained noting each repair or maintenance made to a CHA, including work done, by whom, cost, completion date, and photo numbers of any supporting photographic documentation;(ii) this information will also be added to the collections computer database file for the affected CHA.(D) deaccession files:(i) a ledger listing all deaccessions in chronological order will be maintained;(ii) background deaccession file information will be kept in the appropriate object file.(E) room files (where applicable):(i) layout of each room with each object noted on diagram;(ii) copies of catalog reports;(iii) list of any loan items in room; and(iv) memos or other information related to the room.(5) To assist in the public's understanding and appreciation of the Capitol collections, upon completion of the Capitol Interior Preservation Project, descriptive catalogues should be prepared for the various rooms where the objects are displayed (as applicable), providing both general information as well as specific data on each object in the room. At an appropriate point, funding should be secured to publish a permanent printed catalog of the Capitol's collections.(6) Documentation shall also be maintained on the loan collections. The numbering system will consist of an \"L\" designating a loan, followed by a sequential number, determined by the order of the loan, followed by the year the loan was accepted; (L2.1993, L3.1993). The loans will be entered into a separate accessions book, clearly labeled loan collection. Files for each loan object will be maintained, including a simplified catalog report, the original signed loan agreement and other related paperwork, and a snapshot photograph. Information on loan objects should be included in the room catalogues mentioned in paragraph (5) of this subsection.(7) To safeguard the primary documentation files, copies of the collections database printout and CHA catalog reports shall be deposited with the Texas State Archives and updated on a quarterly basis.(i) Care of collections and amendments.(1) The curator of the Capitol is responsible for the care of the collections. Maintenance, repair, or restoration of objects in the collections shall be approved by the curator. All such work will be noted in the maintenance log, and the catalog reports will be updated as necessary, and repair receipts and invoices filed in the object files.(2) As outlined in the Texas Government Code, §443.017, the State Preservation Board can require a state agency or other state entity to transfer certain items of historical significance from that state or entity's inventory to State Preservation Board inventory. The following additional procedures shall be followed to assist the curator in the care of such items.(A) The curator of the Capitol shall provide to the appropriate personnel charged with property responsibility at each applicable state agency a list of all items being used by their agency that are Capitol historical artifacts under State Preservation Board inventory. This list shall include the object's state inventory number, its Capitol historical artifact number, and location.(B) The appropriate personnel must inform the curator if they wish to change the location of a Capitol historical artifact. Such items may only be moved or handled under the direct supervision of State Preservation Board curatorial staff.(C) The appropriate personnel must contact the curator to request any maintenance or restoration work on a Capitol historical artifact. Such work must be approved, supervised, and/or coordinated by the State Preservation Board curatorial staff.(D) Deaccessioning (selling, disposing of, or otherwise deleting from inventory) of any Capitol historical artifact can only be approved and coordinated by the State Preservation Board (see subsection (e) of this section).(3) At least every five years, the curator shall contract with a qualified conservator(s) to survey the collections and to prepare a report on their condition. The curator will maintain all reports on conservation actions taken by conservators and update the files accordingly.(4) Due to the fact that the Capitol is a functioning state office building, the office of the State Preservation Board shall coordinate security, atmospheric and emergency concerns with the Capitol police. Museum standards will be followed when feasible and practical, including the development of an emergency procedures manual addressing staff responsibilities in the event of theft, flood, fire, storm, explosion, war, and nuclear disaster.(5) The provisions of the manual may be revised, deleted, and amended upon the approval of the curator of the Capitol and the executive director of the State Preservation Board, and the State Preservation Board.", "sourceNote": "Source Note: The provisions of this §111.18 adopted to be effective January 12, 1989, 14 TexReg 56; amended to be effective November 12, 1991, 16 TexReg 6129; amended to be effective April 12, 1994, 19 TexReg 2197; amended to be effective April 30, 2000, 25 TexReg 3525; amended to be effective July 1, 2012, 37 TexReg 4891." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7433&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7433", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.19", "label": "Recognition of Donors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157268", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definition and prohibited forms of recognition.(1) Within the Capitol and General Land Office Building, no permanent recognition shall be given to any donor or group of donors. Permanent recognition is defined as architectural or decorative detailing attached permanently to the Capitol or the General Land Office Building, or attached permanently to furnishings or decorative arts that make up the Capitol collection.(2) No plaques or other donor recognition of any kind shall be placed on the exterior of the State Capitol Building, General Land Office Building, or on the grounds of the Capitol complex.(b) Methods of recognition.(1) All recognition of donors shall be reviewed by the office of the State Preservation Board.(2) Donors may be recognized by letters, certificates of appreciation, in printed material, and by other means determined by the board. Donors of $50,000 or more will be listed as major donors.(3) Donors may be recognized at an event or events directly related to the Capitol restoration and approved by the office of the State Preservation Board.", "sourceNote": "Source Note: The provisions of this §111.19 adopted to be effective February 22, 1991, 16 TexReg 771; amended to be effective November 12, 1991, 16 TexReg 6129; amended to be effective April 12, 1994, 19 TexReg 2197." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157268&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157268", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.20", "label": "Use of the Capitol Grounds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77742&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "77742", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Event--Any performance, ceremony, presentation, or activity held on the grounds.(2) Public purpose--The promotion of the public health, education, safety, morals, general welfare, security, and prosperity of all of the inhabitants or residents within the state, the sovereign powers of which are exercised to promote such public purpose or public business. The chief test of what constitutes a public purpose is that the public generally must have a direct interest in the purpose and the community at large is to be benefitted. This does not include activities which promote a specific viewpoint or issue and could be considered lobbying. Political rallies, receptions, and campaign activities are prohibited on the Grounds.(3) Capitol grounds--The area within the historic cast iron fencing; the area lying between the fencing and city streets that is owned by the state; the esplanade just outside the east entrance to the Capitol between the gateposts and San Jacinto Street; the Old General Land Office Building grounds between 11th and 12th Streets and the Capitol's eastern iron fence and the State Insurance Building; the area bordered by 11th Street to the south, Colorado Street to the east, Lavaca Street to the west, and the Westgate Building property to the north; property north of the Capitol bordered by Colorado Street on the west, San Jacinto Street on the east and 15th Street on the north, which is not occupied with other state buildings, or the Texas Employment Workforce Commission Building property and accompanying terraces. Street right-of-ways within these boundaries include 14th Street and Congress Avenue.(4) State official sponsor--The Governor, the Lieutenant Governor, the Speaker of the Texas House of Representatives, a Texas Senator, or a member of the Texas House of Representatives.(b) Fee for use of Capitol grounds. A fee is required from persons or entities that use the grounds of the Capitol for an event or other scheduled activity. The fee is in an amount set by the office of the State Preservation Board designed to recover the estimated direct and indirect costs to the state of the event or activity, including the costs of labor, materials, and utilities directly or indirectly attributable to the event or activity. The fee is required in the office of the State Preservation Board no later than 24 hours prior to the event.(c) Criteria for Approval of Grounds Events.(1) All Capitol grounds events will be approved and scheduled by the office of the State Preservation Board upon the recommendation of a state official sponsor as described in subsection (a)(4) of this section.(2) All events must have a clear public purpose as described in subsection (a)(2) of this section.(3) An event of the grounds of the Capitol should not exceed 3 hours in length and should conclude by 9:00 p.m.(4) Events will not be approved if they:(A) promote a commercial enterprise;(B) obstruct entrances or interrupt traffic flow through the building;(C) obstruct the view of or access to fire fighting equipment, fire alarm pull stations, or fire hydrants;(D) involve the use of flammable, hazardous or odorous chemicals or materials;(E) involve use of signs or placards attached to objects that might cause damage to the building or its contents.(5) Intended use may not interfere with any legislative session or regular use of the grounds of the Capitol for transaction of state business.(6) Sound equipment, chairs, podiums, tents, or other equipment required for ceremonies, presentations, or performances must be approved by the office of the State Preservation Board, but furnished and installed by the requesting party. Installation approval is subject to inspection.(7) The State of Texas, the State Preservation Board, or any employee of the State Preservation Board are not liable for any injury which may occur to any person during any event on the Capitol grounds.(8) Security requirements other than that routinely provided by Capitol police are the responsibility of the organizers; however, the office of the State Preservation Board must approve any additional security arrangements.(9) Fund-raising on the premises is not allowed unless the fund-raising directly benefits the Capitol or unless it is part of the gubernatorial inaugural, or a similar event approved by the board, and the funds are used to help defray the costs of the event.(10) With the exception of businesses authorized by the State Preservation Board to operate in the Capitol, vendors and/or the promotion of a commercial enterprise involving the exchange of money are prohibited.(d) Scheduling events.(1) No more than two events will be scheduled for the Capitol grounds in one working day.(2) A written request to schedule an event on the Capitol grounds must be received by the office of the State Preservation Board one week before the date requested.(3) Requests must be accompanied by the State Preservation Board event agreement form and be accompanied by:(A) a detailed description of the event, including equipment and props to be used, and anticipated length and scope;(B) a brief statement of the purpose of the event;(C) the areas on the Capitol Grounds being requested for the event;(D) a list of all electrical equipment and power requirements for each piece of equipment;(E) a recommendation from the state official sponsor as described in subsection (a)(4) of this section.(4) Incomplete requests will not be considered.(5) No signs or placards displayed or available for display during the event may be carried into the Capitol building. No signs or placards may be attached to any part of the Capitol, including but not limited to fences, lampposts, trees, etc. except as approved by the board.(6) A properly approved and signed request to use the grounds for a lawful public purpose shall constitute tacit acceptance by the organizer of all legal and financial liability for any damage to state property, or for any personal injury, caused by the described activity, or occurring as the approximate result of the activity.(7) Approval shall not be granted when it is determined from the request that physical damage to state property (including but not limited to the Capitol's exterior walls, doors, windows or lighting, monuments, fencing, lampposts, walkways, driveways, curbs, signage, irrigation system, trees, grass, plants, or flower beds) may result from the described activity. No torches, candles, or other open-flame illuminating devices or fires are allowed for use on the grounds.(8) Upon completion of the event, organizers will be held responsible for clean-up of the area. State Preservation Board will conduct an inspection of the area to determine whether it was adequately cleaned. The organizer(s) will be responsible for the costs of any additional clean-up or damage repair. The organizer(s) may be present at this inspection by contacting the office of the State Preservation Board.", "sourceNote": "Source Note: The provisions of this §111.20 adopted to be effective March 21, 1989, 14 TexReg 1277; amended to be effective February 5, 1990, 15 TexReg 339; amended to be effective September 6, 1990, 15 TexReg 4897; amended to be effective November 12, 1991, 16 TexReg 6129; amended to be effective April 12, 1994, 19 TexReg 2197; amended to be effective April 30, 2000, 25 TexReg 3526; amended to be effective July 1, 2012, 37 TexReg 4891." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77742&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "77742", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.21", "label": "Fire Protection Policy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77743&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "77743", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. To establish guidelines for the protection from fire and smoke of the Texas Capitol, the Capitol extension, and the General Land Office and their occupants. To create a safe environment for persons performing construction work in the buildings and for the public.(b) Oversight. The policy will be administrated by the Capitol fire marshal at the direction of the executive director and the State Fire Marshal's Office.(c) Standard Procedures. The Capitol fire marshal shall:(1) perform regular inspections of the premises to identify and correct conditions within the buildings which may create fire safety concerns;(2) oversee routine testing of all fire alarm systems, smoke management systems, and fire suppression systems. Such tests shall be performed at least annually and as often as needed to assure full operation of all systems in an emergency;(3) perform regular assessments of all fire evacuation plans and schedule regular training and drills for building occupants;(4) advise the executive director of any unsafe conditions which exist and cannot be routinely corrected;(5) assure that all trash receptacles are constructed of fire resistant material approved by the Underwriters Laboratory (UL) or Factory Mutual System (FM);(6) routinely collect and keep on file Material Safety Data Sheets (MSDS) listing hazardous materials in State Preservation Board controlled buildings and maintain an accessible file of MSDS sheets.(d) Fire watch procedures.(1) Purpose. To provide safety guidelines for state personnel and outside contractors who will be performing work involving open flames, sparks, generation of high temperature, or highly combustible materials within or near the buildings.(2) Guidelines. In instances in which construction or repairs involve open flames, sparks, or the use of highly combustible materials, a fire watch will be established. The most current fire safety procedures and standards will be applied. Personnel and contractor must meet the requirements established in NFPA 51-B as a minimum, but other currently accepted fire safety procedures shall also apply. Basic procedure shall include but are not limited to the following.(A) The area shall be cleared of all removable combustible materials.(B) The floor shall be swept clean within a minimum of 10 feet of the work area.(C) The wall and floor opening in the area will be appropriately sealed to prevent spread to adjacent areas.(D) The ducts to the areas will be sealed or shut down.(E) Fire watchers shall have adequate fire extinguishing equipment readily available and shall be trained in their use.(F) Fire watchers shall be trained in the use of the building alarm systems. They shall be familiar with the facilities and with the fire evacuation plan.(G) The fire watch shall be maintained after the completion of the work for a period of time adequate to assure that no risk remains.(H) The work site shall be inspected by the fire watcher(s) at two-hour and four-hour intervals following the completion of work.(3) Permits and supervision.(A) Projects and contracts of less than $100,000. The Capitol fire marshal shall issue a permit for any activity involving a potential fire hazard and shall implement appropriate fire watch procedures. A permit signed by the fire marshal shall serve as authorization to proceed. The fire marshal shall designate trained fire watchers to oversee the activity.(B) Contracts of $100,000 or more. The contractor shall submit a proposed fire protection program for the review and approval of the Capitol fire marshal. The program shall include fire watch procedures as well as routine fire prevention procedures in compliance with this policy and commonly accepted fire prevention standards. Upon approval of the fire protection program by the Capitol fire marshal, the contractor shall assume the responsibility for the implementation and oversight of the program with periodic review by the fire marshal. The contractor shall issue fire watch permits and assume responsibility for enforcing this policy.", "sourceNote": "Source Note: The provisions of this §111.21 adopted to be effective May 7, 1992, 17 TexReg 2979; amended to be effective April 12, 1994, 19 TexReg 2197; amended to be effective April 30, 2000, 25 TexReg 3527." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77743&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "77743", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.22", "label": "Definitions of Capitol Grounds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157269", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) As stated in the Texas Government Code, Chapter 443, §443.007(a)(2), General Powers and Duties of the Board, the board shall \"define the buildings' grounds, except that the grounds may not include another state office building.\"(b) As defined by the State Preservation Board, the Capitol grounds include all area within the historic cast iron fencing; the area lying between the fencing and city streets that is owned by the state; the esplanade just outside the east entrance to the Capitol between the gateposts and San Jacinto Street; the Old General Land Office Building grounds between 11th and 12th Streets and the Capitol's eastern iron fence and the State Insurance Building; the area bordered by 11th Street to the south, Colorado Street to the east, Lavaca Street to the west, and the Westgate Building property to the north; property north of the Capitol bordered by Colorado Street on the west, San Jacinto Street on the east and 15th Street on the north, which is not occupied with other state buildings, or the Texas Workforce Commission Building property and accompanying terraces. Street right-of-ways within these boundaries include 14th Street and Congress Avenue.", "sourceNote": "Source Note: The provisions of this §111.22 adopted to be effective September 6, 1990, 15 TexReg 4897; amended to be effective April 12, 1994, 19 TexReg 2197; amended to be effective April 30, 2000, 25 TexReg 3527." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157269&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157269", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.23", "label": "Fund-Raising Policy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7445&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7445", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Procedures for solicitation and acceptance of contributions of funds and securities by entities other than the State Preservation Board on behalf of the board to benefit the buildings, programs and grounds under State Preservation Board authority.(1) Purpose. To provide guidelines and establish standards of procedure for the solicitation and acceptance of contributions of funds and securities to the State Preservation Board.(2) Procedure.(A) All proposals for solicitation and contributions of money by entities other than the State Preservation Board must be submitted in writing to the office of the State Preservation Board for review. Approval will be deferred pending submittal of all required documentation and proper review.(B) Letters or proposals concerning solicitations and/or contributions shall be reviewed, along with any pertinent legal documents and forms by the office of the State Preservation Board, legal counsel for the State Preservation Board, and any additional advisors considered appropriate to make recommendations for acceptance or denial. Letters must include:(i) names and addresses of each individual, corporation, or organization (including officers and directors), soliciting and contributing funds or securities, and a copy of the group exemption letter showing compliance with Section 501(c)(3) of the Internal Revenue Code for all nonprofit corporations;(ii) amount of funds or securities to be contributed;(iii) source of funds or description of method of obtaining funds;(iv) date(s) funds will be donated or securities transferred;(v) contributors may specify their donations be used for a particular item or items, room renovation or conservation of a specific item(s). The costs will be determined by the office of the State Preservation Board and submitted in writing to the contributor. With prior approval by the executive director of the State Preservation Board, contributors may donate to the following categories:(I) general preservation;(II) antique and reproduction period furnishings;(III) Capitol collection art acquisition and conservation;(IV) preservation of the historical Capitol grounds;(V) educational programming;(VI) The Bob Texas State History Museum;(VII) other projects approved by the board;(vi) current financial statement or annual report.(C) Contributions will not be accepted if:(i) the method of solicitation or the source of funds is determined by the office of the State Preservation Board to be inappropriate for contributions benefiting the Capitol or Museum;(ii) administrative costs of solicitation effort exceed 25% of total budget;(iii) the name of the agency project is used in acquiring funds without written approval from the executive director of the State Preservation Board;(iv) all required documentation is not received by the executive director of the State Preservation Board or is not in compliance with City of Austin, state, or federal regulations.(b) Acceptance of funds from events.(1) Proposals from organizers of events must be submitted in writing 60 days prior to the event.(2) All event proposals must include:(A) event name, purpose, description, location, and participants;(B) names and addresses of all sponsoring individual(s), corporations, or organizations;(C) proposed itemized budget;(D) amount of guaranteed minimum donation.(3) Prior to approval of an event using the agency project name, a memorandum of agreement must be negotiated between the State Preservation Board, signed by the executive director, and the organizers of the event. The agreement must include:(A) amount of guaranteed minimum donation;(B) a time limit, not to exceed 120 days from the execution of the memorandum of agreement, for funds to be received by the office of the State Preservation Board;(C) authorization by organizers for the office of the State Preservation Board to audit books of event;(D) authorization for the office of the State Preservation Board to approve all printed materials pertaining to the event prior to their publication and distribution;(E) proof of sufficient insurance coverage for event by the organizers;(F) requirement for written notification of cancellation or modification of event to be submitted in writing to the office of the State Preservation Board 30 days prior to scheduled date of the event.(c) Other provisions.(1) The office of the State Preservation Board may require any additional documentation considered appropriate to determine the acceptance of funds or securities from an individual(s), corporation, or organization.(2) The State of Texas, State Preservation Board, or the employees of the State Preservation Board shall not be held liable for any expenses incurred from a solicitation effort benefiting the agency project by an individual(s), corporation, or organization.(d) Acknowledgments. All contributions of money may be acknowledged by the following: a letter from the office of the State Preservation Board stating the amount of donation, date of the donation, and its specified category or purpose and a State Preservation Board appreciation certificate.", "sourceNote": "Source Note: The provisions of this §111.23 adopted to be effective February 22, 1991, 16 TexReg 772; amended to be effective November 12, 1991, 16 TexReg 6129; amended to be effective April 12, 1994, 19 TexReg 2197; amended to be effective April 30, 2000, 25 TexReg 3528; amended to be effective July 1, 2012, 37 TexReg 4891." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7445&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7445", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.24", "label": "Project Change Policy" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176032&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176032", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A change order is written change to the contract signed by the executive director for the purpose of incorporating a change in the work or an adjustment in the contract sum or the contract time.(b) Any changes to the projects originating with the State Preservation Board and its agents shall be dealt with in the manner described in the contract documents.(c) Project changes exceeding the board approved construction contingency limits shall require approval of the State Preservation Board.(d) The State Preservation Board will be notified at least seven days in advance of any project change in excess of $250,000.(e) The State Preservation Board will be notified of changes to the contract sum or contract time of any construction contract within 30 days. Regular monthly reports on the status of construction projects and construction contingencies will be distributed to the board.(f) Project changes which, in the opinion of the executive director, will materially affect the aesthetic appearance, design intent, historic restoration intent, space planning criteria, or established distribution of space among the occupying entities shall be reported promptly to the board members for review and comment.(g) Project changes which are not related to construction contracts shall be managed by the executive director within the agency budget and appropriation.(h) All new contracts will be routinely reported to the board at its next meeting.", "sourceNote": "Source Note: The provisions of this §111.24 adopted to be effective February 22, 1991, 16 TexReg 772; amended to be effective June 10, 1991, 16 TexReg 2953; amended to be effective November 12, 1991, 16 TexReg 6129; amended to be effective October 19, 1993, 18 TexReg 6834." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176032&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176032", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.25", "label": "Memorials/Monuments on the Capitol Complex" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77746&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "77746", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Capitol complex--The state-owned property within the area bounded on the north by Martin Luther King, Jr., Boulevard, bounded on the east by Trinity Street, bounded on the south by 10th Street, and bounded on the west by Lavaca Street.(2) Historic Capitol grounds--All area within the historic cast iron fencing line; the area lying between the fencing and city streets that is owned by the state to the south and west; and the Old General Land Office Building grounds between the Capitol's eastern iron fence and the State Insurance Building, between 11th and 12th Streets.(b) Purpose.(1) To ensure the development and preservation of an appropriate historical setting that enhances and perpetuates the historic integrity of the Texas State Capitol.(2) To ensure the continued public use and enjoyment of an appropriate historical landscape for the Capitol complex.(3) To ensure that future commemorative works, such as constructed memorials and/or monuments, are integrally incorporated into appropriately designated areas that enhance the overall planning philosophy for the Capitol complex.(4) To ensure that future commemorative works, such as constructed memorials and/or monuments, are: appropriately designed, constructed, and located; reflect a consensus of the lasting statewide significance of the subject involved; and are funded for appropriate design, construction, and maintenance.(c) Procedures for approval of memorials/monuments in the Capitol complex.(1) No additional memorials and/or monuments shall be placed on historic Capitol grounds except as authorized by Texas Government Code §443.01525 and §443.01526.(2) For any monument authorized by the legislature by concurrent resolution or statute to be constructed within the Capitol complex, the office of the State Preservation Board shall be consulted concerning potential sites available on the Capitol complex. A grounds monument location map will be incorporated into the master plan to define potential locations.(3) A preliminary proposal shall be submitted to the office of the State Preservation Board for review at the time potential sites are reviewed. This preliminary proposal will include:(A) administrative arrangements to oversee the project's fundraising, design, and construction;(B) preliminary design intentions.(4) Using the master plan, the office of the State Preservation Board shall submit the proposal and recommended site selection for the proposed monument to the State Preservation Board for preliminary site approval.(5) After preliminary site approval, a final design proposal shall be submitted to the office of the State Preservation Board for review and recommendation.(6) The executive director of the State Preservation Board will submit the final design proposal and his/her recommendations to the State Preservation Board. The State Preservation Board then shall be asked to give final approval for the design and site location.(7) The executive director of the State Preservation Board shall issue a building permit for any memorials and/or monuments after a proposal has received board approval.(8) Criteria for approval of memorials and/or monuments by the State Preservation Board will include the following.(A) Site selection shall be consistent with the purposes stated previously and shall be based on the approved master plan.(B) A military commemorative work may be established only to commemorate a war or similar major military conflict or to commemorate any branch of the armed forces. No commemorative work commemorating a lesser conflict or a unit of an armed force shall be permitted.(C) A commemorative work commemorating an individual or group of individuals shall not be permitted until at least 25 years after the death of the individual or the last surviving member of the group.(D) The construction of a commemorative work must be in the public's interest, must represent a subject of lasting historical significance to the history and heritage of Texas, and must reflect a consensus of the lasting historical statewide significance of the subject involved.(E) No public funds shall be used to construct memorials and/or monuments. Funding must be secured and in-hand before a construction permit shall be issued.(F) Knowledgeable persons qualified in the field of architecture and preservation/maintenance shall be consulted by the applicant to determine structural soundness and durability and to assure that the commemorative work meets high professional standards. Memorials and monuments shall be constructed of durable material suitable to the outdoor environment. Landscape features shall be compatible with the Capitol grounds master plan.(G) Construction materials must be compatible with the design, historic importance, and building materials of the Capitol. Whenever possible, monuments shall be constructed of granite, bronze, copper, or compatible materials.(H) The maximum height of any monument shall be 25 feet.(I) The maximum cubic feet of any structure incorporated into a monument design shall be 4,000 cubic feet.(J) The maximum site dimension for a proposed monument shall be 24 feet by 24 feet or 576 square feet.(K) The maximum footprint dimension of any single structure incorporated into a proposed monument shall be 20 feet by 20 feet or 400 square feet.(L) Names of donors shall not be permitted on any memorial and/or monument.(M) The legislative authority for a memorial and/or monument should be reviewed at the end of the five-year period beginning on the date of the enactment of such authority, unless an appropriate construction permit by the office of the State Preservation Board for the work has been issued within that period.(N) A maintenance contribution of 10% of the total construction cost of the memorial and/or monument shall be required.(9) The office of the State Preservation Board shall have review and approval authority over the construction of the memorial or monument.", "sourceNote": "Source Note: The provisions of this §111.25 adopted to be effective February 22, 1991, 16 TexReg 772; amended to be effective November 12, 1991, 16 TexReg 6129; amended to be effective April 12, 1994, 19 TexReg 2197; amended to be effective April 30, 2000, 25 TexReg 3528; amended to be effective March 3, 2002, 27 TexReg 1318; amended to be effective July 5, 2012, 37 TexReg 4891; amended to be effective January 24, 2016, 41 TexReg 613." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77746&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "77746", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.26", "label": "Use of Gift Shop Funds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176033&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176033", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definition of gift shop funds. Gift shop funds shall be defined as the net income received from the Capitol Gift Shop and deposited in the Capitol Fund which is located within the Texas Safekeeping Trust Company managed by the state treasury. The net income includes all revenue received in the Gift Shop, less direct cost of goods and operating expenses.(b) Purpose of gift shop account. The gift shop funds are intended as a source of funding for the benefit of the buildings, their contents and grounds; educational programs related to the General Land Office Building and the historical portion of the Capitol; and the operation of the gift shops and the Capitol Visitors Center in the General Land Office Building. Funds shall not be expended on salaries or routine operating expenses of the agency.(c) Fund usage. Gift shop funds may be used for projects and programs as described in subsection (b) of this section.(d) Reporting. The executive director shall report annually on the use of gift shop funds and the remaining balance in the account.", "sourceNote": "Source Note: The provisions of this §111.26 adopted to be effective May 7, 1992, 17 TexReg 2980; amended to be effective April 30, 2000, 25 TexReg 3528." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176033&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176033", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.27", "label": "General Rules for Use of the Capitol, Capitol Extension, and Capitol Grounds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77748&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "77748", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Visitors and persons using the Capitol, Capitol extension, or Capitol grounds for any purpose are prohibited from:(1) attaching signs, banners, or other displays to a part of the Capitol or to a structure, including a fence, on the grounds of the Capitol except as approved by the board;(2) placing furniture in the Capitol or on the grounds of the Capitol for a period that exceeds 24 hours except as approved by the board;(3) setting up or placing camping equipment, shelter, tents, or related materials in the Capitol or on the grounds of the Capitol except as approved by the board for special events;(4) blocking ingress and egress:(A) into the Capitol; or(B) into rooms or hallways within the Capitol, except as approved by the board;(5) conducting actions that pose a risk to safety;(6) smoking in the public areas of the Capitol and Capitol extension;(7) bringing balloons into the Capitol or Capitol extension; and(8) riding, leading, placing or displaying livestock, including but not limited to equine and bovine animals, except as approved by the board as part of a scheduled event, or as needed for security purposes.(b) Visitors and persons using the Capitol, Capitol extension, or Capitol grounds for any purposes shall be required to:(1) leave the Capitol when the building is closed to the public; and(2) restrain pets at all times on a leash or similar device in the immediate control of the owner while on the grounds of the Capitol, except as approved by the board. All pets except Seeing Eye dogs are not permitted in the Capitol.(c) The board may require and collect a standardized fee from a person or entity that uses the Capitol, the Capitol extension, or the grounds of the Capitol for an event, exhibit, or other scheduled activity. The fee is in an amount set by the board designed to recover the estimated direct and indirect costs to the state of the event, exhibit or activity, including the costs of labor, materials, and utilities directly or indirectly attributable to the event, exhibit, or activity. The office of the State Preservation Board shall set the amounts of fees required under this section in a uniform and nondiscriminatory manner for similar events, exhibits, or other scheduled activities.(d) Except as provided by this subsection, the sale or consumption of alcoholic beverages, the possession of an open container of an alcoholic beverage, or the gift of an alcoholic beverage in an open container or for on-premises consumption is prohibited in the Capitol, in the Capitol extension, and on the Capitol grounds. This prohibition does not apply to:(1) areas not under the control of the board, including offices, reception areas, and similar areas under the control of the legislature, a legislative agency, the governor, or another state officer; or(2) events of significant importance to the history of the Capitol that are conducted in areas under the control of the board and for which the office of the State Preservation Board has approved consumption of alcoholic beverages in response to a written request from the sponsor of the event that documents the importance of the event to the history of the Capitol.(e) The buildings and grounds under the authority of the board shall not be used for the commercial benefit of any individual, business, corporation, special interest group or other entity.(f) For the safety of the public, skateboarding, roller skating, roller blading, and related activities are prohibited in the building, garages, and grounds under the authority of the State Preservation Board.(g) TV satellite trucks may not park on the Capitol drive. TV transmission cables may not be brought into the Capitol or Capitol extension.", "sourceNote": "Source Note: The provisions of this §111.27 adopted to be effective April 12, 1994, 19 TexReg 2197; amended to be effective April 30, 2000, 25 TexReg 3528; amended to be effective July 1, 2012, 37 TexReg 4891; amended to be effective January 24, 2016, 41 TexReg 613." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=77748&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "77748", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.29", "label": "Gift Shop Product Selection" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "7451", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Mission Statement.(1) The gift shops will offer visitors items related to the Capitol, state government and the state of Texas (its history, its land, and its heritage). It is the goal of the Capitol Gift shops to further the educational mission of both the State Preservation Board and the Capitol Visitors Center. In accordance with that mission, preference will be given to products with an educational focus.(2) It is the goal of the Capitol Gift shops to feature products produced in Texas by Texans. All other criteria being equal, preference will be given to Texas-made products.(3) Net revenue from the gift shops will subsidize the administrative operations of the retail operation, the continued Capitol preservation efforts, and the agency's educational programming.(b) Criteria for Product Selection.(1) The gift shop manager will review products and make final determinations regarding the procurement of products for the retail operations. All products submitted for consideration in the gift shop are subject to review by product selection committee at the direction of the gift shop manager. The product selection committee is comprised of gift shop and agency managerial staff. Products will be selected based upon a review of the following criteria:(A) compatibility with the mission statement;(B) quality;(C) value;(D) uniqueness;(E) presentation;(F) visual appeal;(G) demonstrated marketability; and(H) quality in packaging.(2) All items must reflect the mission of the agency and its statutory responsibilities.(3) The gift shops will not carry products that promote any specific Texas town, city, or region; any institution of higher education; or any professional sports team.(4) The gift shops will carry only periodical reading materials with a circulation over 100,000. The focus of these periodicals will reflect the state of Texas, except under unusual circumstances. Topics of the periodicals include government, the economy, travel, sports and leisure, lifestyle and gracious living, and current events.(5) All products must achieve an acceptable level of sales activity within three months of receipt of order to be considered for continued representation in the gift shop.(6) Items must be able to be produced and shipped quickly in reasonable quantities for resale.(7) When comparing similar products with other criteria being equal, the lowest wholesale cost will be the determining factor.(c) The gift shop manager's decision regarding acceptance or non-acceptance of any item to be sold in the gift shop is final.", "sourceNote": "Source Note: The provisions of this §111.29 adopted to be effective April 4, 1996, 21 TexReg 2644; amended to be effective April 30, 2000, 25 TexReg 3529." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=7451&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "7451", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.30", "label": "Public Information Request Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=103417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "103417", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Definitions.(1) Public Information--Information that is collected, assembled, or maintained by the State Preservation Board as a result of its operations as defined by the Texas Government Code, Chapter 443.(2) Public Information Officer--The person with the responsibility for coordinating the dissemination of information to the public.(3) Requester--Person who submits a request to inspect or to receive copies of public information.(b) Public Information Rules.(1) The State Preservation Board will grant access to its public information in a reasonable, expedient manner. The State Preservation Board will follow the rules and procedures as set forth in the Public Information Act (Texas Government Code, Chapter 552).(2) The State Preservation Board hereby designates the Executive Director as its Public Information Officer. The Public Information Officer is responsible for the dissemination of public information in an acceptable and expedient manner and may charge the requester for fees necessary to recover the cost of assembling and reproducing public information.(3) Fees and charges will be made in accordance with the Public Information Act and in accordance with the rules adopted by the General Services Commission as recorded in Title 1 of the Texas Administrative Code, Chapter 111, regarding the actual cost of reproduction and the suggested charges for providing public information.(4) In accordance with the terms of the Public Information Act, the State Preservation Board does not charge a fee for inspection of public information at designated locations when the State Preservation Board is not required to reproduce or manipulate public information.(5) In the event that information requested may be considered confidential or is not considered public information, the Public Information Officer will develop a request of the Attorney General for an opinion regarding the status of information in accordance with the terms and conditions of the Public Information Act.(c) Procedures. The State Preservation Board will make available to the public information about filing an open records request, fees and charges, and response deadlines.", "sourceNote": "Source Note: The provisions of this §111.30 adopted to be effective April 4, 1996, 21 TexReg 2644." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=103417&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "103417", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.31", "label": "Historically Underutilized Business Program" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157272&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157272", "queryAsDate": "03/11/2026" }, "ruleBody": "The State Preservation Board adopts by reference the Texas Building and Procurement Commission (TBPC) rules found at 1 TAC, Title 1 administration, Part 5, Texas Building and Procurement Commission, Chapter 111 Executive Administration Division, Subchapter B Historically Underutilized Business Program, §§111.11 - 111.28, relating to Historically Underutilized Business Program with the following addition: For the purpose of Subchapter B, §111.31, \"Commission\" refers to Texas Building and Procurement Commission.", "sourceNote": "Source Note: The provisions of this §111.31 adopted to be effective July 22, 2003, 28 TexReg 5657." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157272&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157272", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.32", "label": "Standards of Conduct between State Preservation Board Employees and Private Donors" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "157273", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An employee shall not accept or solicit any gift, favor, or service from a private donor that might reasonably tend to influence his/her official conduct.(b) An employee shall not accept employment or engage in any business or professional activity with a private donor which the employee might reasonably expect would require or induce him/her to disclose confidential information acquired by reason of his/her official position.(c) An employee shall not accept other employment or compensation from a private donor which would reasonably be expected to impair the employee's independence of judgment in the performance of his/her official position.(d) An employee shall not make personal investments in association with a private donor which could reasonably be expected to create a substantial conflict between the employee's private interest and the interest of the board.(e) An employee shall not solicit, accept, or agree to accept any benefits for having exercised his/her official powers on behalf of a private donor or performed his official duties in favor of private donor.(f) An employee who has policy direction over the board and who serves as an officer or director of a private donor shall not vote on any measure, proposal, or decision pending before the private donor if the board might reasonably be expected to have an interest in such measure, proposal, or decision.(g) An employee shall not authorize a private donor to use property of the board unless the property is used in accordance with a contract or memorandum of understanding between the board and the private donor, or the board is otherwise compensated for the use of the property.", "sourceNote": "Source Note: The provisions of this §111.32 adopted to be effective July 1, 2012, 37 TexReg 4891." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=157273&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "157273", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.33", "label": "Relationship with Affiliated Non-Profit Organization" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176034&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176034", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Board is authorized to participate in the establishment and operation of affiliated nonprofit organizations whose purpose is to raise funds or provide services or other benefits to the board by Texas Government Code §443.030 and §445.013.(b) The board may provide to an affiliated non-profit organization covered by this chapter:(1) fundraising and solicitation assistance;(2) staff services to coordinate activities;(3) administrative and clerical services;(4) office and meeting space;(5) training; and(6) other miscellaneous services as needed to further the duties and purposes of the organization in support of the board.(c) The affiliated non-profit organization may provide:(1) postage;(2) printing, including letterhead and newsletters;(3) special event insurance;(4) recognition of donors;(5) bond and liability insurance for organization officers; and(6) other miscellaneous services as needed to further the duties and purposes of the board.(d) The affiliated non-profit organization and the board shall enter into a memorandum of understanding (MOU) which contains specific provisions regarding:(1) the relationship between the affiliated non-profit organization and the board, and a mechanism for solving conflicts or disputes;(2) fundraising and solicitation;(3) the use of all funds and other donations from fundraising or solicitation, less legitimate expenses as described in the MOU, for the benefit of the board;(4) the maintenance by the affiliated non-profit organization of receipts and documentation of all funds and other donations received, including furnishing such records to the board; and(5) the furnishing to the board of any audit of the affiliated non-profit organization by the Internal Revenue Service or a private firm.(e) An employee of the board may not serve as an employee, elected officer or director of an affiliated non-profit organization. An employee of the board may serve as an ex officio, non-voting director of an affiliated non-profit organization.", "sourceNote": "Source Note: The provisions of this §111.33 adopted to be effective July 1, 2012, 37 TexReg 4891." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176034&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176034", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.34", "label": "General Parking Administration Rules" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176035&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176035", "queryAsDate": "03/11/2026" }, "ruleBody": "Purpose. The purpose of this rule is to provide for the safe movement and parking of vehicles in Capitol Complex parking facilities for state employees, state officials, and the visiting public. The Department of Public Safety will administer, pursuant to Texas Government Code §411.063, and enforce, pursuant to Texas Government Code 411.067, the parking rules and policies of the State Preservation Board.(1) The board will provide for a system of open, reserved, and defined-use employee parking and for visitor parking in the parking lots and parking structures, and in the public right of way designated as parking, within the Capitol Complex as defined by Texas Government Code §411.061, and shall regulate the use and administration of:(A) reserved parking spaces in the parking lots and parking structures;(B) open parking spaces in the parking lots and parking structures;(C) parking spaces for carpooling in the parking lots and parking structures;(D) parking spaces for employees meeting the provisions of the Americans with Disabilities Act (ADA);(E) parking spaces for state agency fleet vehicles in the parking lots and parking structures;(F) special event parking to the extent that it is not statutorily administered by other agencies;(G) state parking areas outside of normal working hours for other purposes to the extent that it is not statutorily administered by other agencies;(H) meter parking on street rights-of-way; and(I) loading, commercial, customer service, and handicap parking zones on street rights-of-way.(2) The board will not administer or enforce parking rules and policies for:(A) parking facilities under the management and control of the Texas Workforce Commission;(B) parking lots and parking structures outside the Capitol Complex; or(C) city- or university-owned or controlled parking spaces, lots, or structures.", "sourceNote": "Source Note: The provisions of this §111.34 adopted to be effective January 24, 2016, 41 TexReg 613." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176035&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176035", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.35", "label": "Parking Administration" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176036&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176036", "queryAsDate": "03/11/2026" }, "ruleBody": "Pursuant to Texas Government Code §411.063 the Department of Public Safety shall administer the registration of vehicles and assignment of parking in spaces, lots, and parking structures, the issuance and tracking of permits, and enforcement necessary for parking vehicles in the Capitol Complex, and all personnel required to administer and enforce the parking rules of the board.", "sourceNote": "Source Note: The provisions of this §111.35 adopted to be effective January 24, 2016, 41 TexReg 613." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176036&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176036", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.36", "label": "Definitions for Capitol Complex Parking Assignments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176037&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176037", "queryAsDate": "03/11/2026" }, "ruleBody": "Definitions. The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.(1) Availability for assignment--Refers to the status of a lot or parking structure, either a part or the whole of which is used for open parking assignment and shows a utilization of its open parking areas of less than 100% during peak use hours.(2) Handicap reserved parking--A parking space in a parking lot or parking structure to be utilized only by an employee issued a handicap parking permit by the parking administration. The spaces will be marked by signs and/or red painted curbs or stops.(3) Occupying agency--Any state agency with a physical office or building space within the Capitol Complex.(4) Open parking--The privilege to park anywhere within the Capitol Complex parking lots or parking structures except in those spaces marked as \"reserved,\" \"handicap reserved,\" \"visitor parking,\" or designated by the board not to be open parking facilities. No monthly charge is made for open parking.(5) Parking administration--A section of the Texas Department of Public Safety.(6) Reserved parking--The assignment of a specific parking space to a state official, an agency or to an employee. The spaces will be marked by signs and/or yellow painted curbs or stops.(7) Visitor parking--Parking space used by non-state employees and other visitors to the Capitol Complex. Visitor parking may be used by a state employee only if his or her principal place of employment is outside the Capitol Complex. The spaces will be marked by signs and/or blue painted curb stops. This definition excludes any parking spaces in the Capitol Visitors' Parking Garage.", "sourceNote": "Source Note: The provisions of this §111.36 adopted to be effective January 24, 2016, 41 TexReg 613." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176037&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176037", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.37", "label": "Carpools, ADA, and Fleet Parking" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176038&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176038", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Car pools shall consist of at least three participating state employees working in the Capitol Complex, not having the same domicile, and who normally drive their vehicles to work.(1) A newly established car pool, meeting the requirements of this section as determined by the parking administration, shall be assigned a free reserved space as near as possible to the building in which they work, provided this would not result in the dislocation of any employee having a previously-assigned reserved space.(2) Responsibility for the car pool shall be given to a designated member of the car pool, whose identification as such shall be recorded in the parking records. Notice to the designated member for any purpose set out in these sections shall be deemed notice to all members of the car pool.(3) Only one vehicle in each car pool shall be parked in state lots or parking structures. Should two members of the same car pool need to drive their vehicles, the driver of the second vehicle must notify parking administration immediately upon arrival.(4) Assignment of a reserved space to a car pool shall result in the automatic forfeiture of any previous assignment to the members of the car pool. Subsequent departure of a car pool member or dissolution of the car pool itself will not restore any parking assignment previously forfeited by a member.(5) Departure of a car pool member will not cause automatic forfeiture of the car pool assignment unless the membership falls below three members and a new member cannot be found within 60 days to restore the car pool to the minimum qualifying number.(6) Dissolution of a car pool for any reason will not give the individual members any right to the priority space assigned to that car pool.(b) Under the provisions of the Americans with Disabilities Act (ADA) and 29 Code of Federal Regulations Part 1630.2, a qualified employee with a disability will be authorized to park in a free handicap-designated parking space on a first come, first served basis.(c) State Fleet Vehicles. Agencies housed in the Capitol Complex that have state owned or leased vehicles with exempt license plates will be provided a limited number of parking spaces in underutilized parking areas for a defined period of time. The number of fleet vehicles and the period of time each agency can store the vehicles in Capitol Complex parking lots and parking structures shall be determined through a Memorandum of Understanding between the board and each agency that has such fleet vehicles. State fleet vehicles:(1) must be prominently marked as State-owned or operated by having the agency name and/or logo displayed on the sides of the vehicle;(2) must have permanent exempt license plates; and(3) will not be required to have a Capitol Complex parking identification sticker.", "sourceNote": "Source Note: The provisions of this §111.37 adopted to be effective January 24, 2016, 41 TexReg 613." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176038&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176038", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.38", "label": "Parking Assignments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176039&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176039", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The assignment to a reserved space or open facility is considered a privilege that can be revoked at any time for nonpayment or noncompliance with the parking regulations. In addition, this privilege may be revoked to permit implementation of changes in the parking system or these rules as mandated by the board. The acceptance and use of a parking assignment constitutes acceptance of all sections and rules regarding such assignment. The board may designate lots or parking structures for use by employees of particular buildings in order to give better distribution to parking utilization, subject to the priority of assignment established in Texas Government Code §411.063(c), and §111.39 of this title (relating to Priority of Parking Assignments).(b) Each occupying agency will designate one of its employees to be the parking coordinator, and parking administration will provide each coordinator with detailed instructions for the proper administration of these rules.(c) Employees of state agencies are eligible to park in an unrestricted parking lot or structure so long as they office four hours or more a day during the normal state work week between the hours of 7 a.m. and 6 p.m. within the Capitol Complex. Parking in unrestricted lots or structures shall be on a first come-first park basis.(d) Employees, upon request, may be placed on a waiting list for an open parking assignment to a restricted parking lot or restricted parking structure in close proximity to their work location. They may be placed on the list for not more than two locations, applicable only to those lots or parking structures designated for use by the building where the applicant is employed. Utilization surveys of open parking areas will be conducted to determine the number of available spaces in all lots and parking structures. Such surveys will be conducted at times and during months that have been observed by parking administration as typically having the largest number of vehicles using open parking. When utilization surveys show a pattern of available spaces in an open parking location, parking administration will make available a number of open parking assignments, after taking into consideration the pattern of utilization and the number of current assignments for the particular location. Eligible employees will be notified in writing. The employee will be given five working days in which to accept or decline the assignment. When notification letters have been mailed, employees are automatically removed from the waiting list for the lot or parking structure designated in the notification letter. Once a parking assignment has been accepted by an employee, that employee is automatically removed from all waiting lists. New applications not immediately assignable shall be dated and time stamped as they are received by parking administration and placed on the respective lists in chronological order. Assignments from the waiting list will be made on a \"first-on, first-off \" basis, except as provided in subsection (e) of this section.(e) Whenever a new restricted parking lot or restricted parking structure is opened for operation, assignments will be made as near as possible to the employee's work location. Whenever a new parking structure is opened that is connected to or part of a building, whether by new construction or by purchase of an existing facility, assignments to that location may be made first to the employees occupying the building. Additional and further assignments will be made in accordance with these sections.(f) All assignments relinquished, cancelled, terminated, or forfeited shall become reassignable in accordance with these sections on the effective date of relinquishment, cancellation, termination, or forfeiture.(g) Parking administration may designate and request the board or the Texas Department of Transportation to mark and place appropriate signs, traffic control devices, and meters for traffic control and parking regulation, and to designate parking spaces for state-owned vehicles and visitor parking in the Capitol Complex.(h) In making assignments to open parking facilities, individual space assignments are not permitted. Parking administration may assign more individuals to park in the lot or parking structure than there are spaces available. Determination of the number of assignments to such an area, as allowed by this subsection, shall be based upon information obtained during peak utilization periods. Adjustments in the number of permitted assignments may be made from time to time as circumstances warrant in an effort to obtain full utilization of state parking facilities.(i) Each state agency housed in the Capitol Complex or on other state property administered by parking administration is allotted a number of reserved spaces based on the needs of the agency and the availability of spaces. Parking administration will ensure that all agencies are allocated at least one space for individual assignment. Each state agency is responsible for assignment of these spaces and for notifying parking administration of all reserved assignments, additions, and deletions. A monthly charge shall be paid quarterly in advance for each assigned reserved space within a lot or parking structure as described in §111.43 of this title (relating to Monthly Parking Fees, Payment, and Refunds). All other spaces, whether a part or the whole of a lot or parking structure, shall be marked for open assignment in accordance with these sections.(j) Parking administration may make space trades for employees currently having assigned spaces. In allowing such trades, parking administration shall satisfy itself that the best interests of the state will be served.(k) If an employee is transferred to another work station outside the jurisdiction of parking administration or is terminated, he or she shall relinquish his or her assignment.(l) In case of a transfer, should the employee be reassigned within six months of the original transfer, he or she shall be entitled to a priority assignment in the same facility as his or her relinquished assignment if a space is available.(m) Subleasing an assignment shall not be permitted and is a violation of these sections. It is permissible for an employee who is assigned a reserved space by his or her agency to allow another state employee to use that assignment during vacations, absences due to illness, or official travel, provided the parking coordinator for his or her agency is notified in advance, but charging a fee for this favor is a violation of these sections.", "sourceNote": "Source Note: The provisions of this §111.38 adopted to be effective January 24, 2016, 41 TexReg 613." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176039&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176039", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.39", "label": "Priority of Parking Assignments" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176040", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) When the legislature is in session, parking administration shall assign and have marked for unrestricted use by members and administrative staff of the legislature the reserved parking spaces in the Capitol Complex requested by the respective houses of the legislature. A request for parking spaces reserved pursuant to this subsection shall be limited to spaces in the Capitol area and the additional spaces in state parking lots proximately located to the Capitol.(b) When the legislature is not in session, parking administration shall, at the request of the respective legislative bodies, assign and have marked the spaces requested for use by members and administrative staff of the legislature, in the areas described in subsection (a) of this section.(c) The board may direct parking administration to assign parking spaces to elected state officials and appointed heads of state agencies who occupy space in state buildings located within the Capitol Complex.(d) Parking administration will assign parking spaces to state employees with disabilities. See §111.37 of this title (relating to Carpools, ADA, and Fleet Parking). A state employee will be considered eligible for assignment to designated disabled parking areas or permanent assignment to a free reserved disabled person's parking space if the person holds a Texas Department of Transportation disabled person parking privilege issued by a county tax assessor-collector as described in Texas Transportation Code §681.002 or §681.003.(e) If spaces are available, parking administration may assign parking spaces to car pools. See §111.37 of this title.(f) Parking administration may assign an appropriate number of reserved parking spaces to state agencies housed in the Capitol Complex, or in other state facilities administered by the department whether or not located in the City of Austin.(g) All remaining parking facilities under the charge and control of parking administration in the area described in subsection (f) of this section may be made available for use by state employees. Such employees shall be those working for agencies who occupy space in state buildings, located within the area specified in subsection (f) of this section.(h) To implement the requirements of this section, the parking administration shall not be required to assign all of the spaces available. The parking administration by discretion may make use of any unassigned spaces designated under this section, so long as that use is in accordance with Texas Government Code, §§411.061 - 411.067, and these sections.", "sourceNote": "Source Note: The provisions of this §111.39 adopted to be effective January 24, 2016, 41 TexReg 613." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176040&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176040", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.40", "label": "Parking Permits" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176041", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All vehicles utilizing open parking must display a current parking permit. Up to two permits may be issued to each employee, but only one vehicle bearing a permit issued to an employee may make use of that employee's parking privilege within the Capitol Complex at a time. Parking administration is authorized to issue either decal permits or hanging permits.(1) Decal permits shall be applied to the vehicle according to instructions provided at the time of issuance.(2) Hanging permits will normally be hung from the rearview mirror when the vehicle is parked in a state parking lot or parking structure. If no mirror post is available, the permit may be taped to the front windshield, in the lower center, or otherwise displayed so that it is readily visible from outside the vehicle. If hanging permits are issued, one hanging permit will be issued to each eligible employee. The hanging permit will be issued for a vehicle with a specific license plate.(b) An employee who is issued a permit will be responsible for any parking violations on vehicles bearing the permit.(c) Employees with unpaid charges recorded in their name shall be ineligible to receive a parking permit while such charges remain unpaid.(d) All permits will expire and be renewed on a biennial basis.(e) Parking permits may be used only by the employee the permit is assigned to and may not be loaned or allowed to be used for any purpose other than for parking of a state employee's vehicle while the employee is at work within the Capitol Complex.(f) Temporary parking permits may be issued for a period of one to 15 days. If the need for the permit continues to exist after 15 working days, a new temporary permit may be obtained in the parking administration office. An employee may only obtain a temporary permit for one vehicle at a time.(g) Upon written request from the agency parking coordinator, a 90-day special permit or construction permit may be issued if spaces are available. Once approved, the permit must be displayed and the employee or the contractor who is issued the permit will be responsible for any parking violations on the vehicle.", "sourceNote": "Source Note: The provisions of this §111.40 adopted to be effective January 24, 2016, 41 TexReg 613." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176041&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176041", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.41", "label": "Parking and Traffic Control Devices" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176042", "queryAsDate": "03/11/2026" }, "ruleBody": "The Department of Public Safety in coordination with the board shall administer official traffic control devices in the Capitol Complex.(1) The Department of Public Safety shall cause to be placed and maintained all official traffic-control devices in accordance with the Texas Manual on Uniform Traffic-Control Devices for Streets and Highways, as most recently published by the Texas Department of Transportation, or in accordance with such official publication of that Department, which may in the future amend or supersede the same, except where such manual is in conflict with state law. It shall be unlawful for any person to violate the regulation imposed by any lawfully posted traffic-control device, whether or not posted in accordance with such manual.(2) Proof of the fact that any traffic-control device, sign, signal or marking was actually in place at any location in the Capitol Complex shall constitute prima facie evidence that the same was installed under the authority of law.(3) The Department of Public Safety shall maintain a record of the locations where any traffic-control device, marking or special regulation is made applicable.(4) All traffic-control devices, signs, signals and markings evidenced by the record thereof maintained by the Department of Public Safety, and in existence as of the adoption of these amendments to the rules of the department, are hereby ratified and confirmed as official traffic-control devices of the department, and shall continue as such until modified as provided in this section.(5) The Department of Public Safety shall approve any special regulations of traffic or parking applicable to a specific location when appropriate for the free flow and the expeditious handling of traffic, the safety of persons or property, or the use of buildings and property within the Capitol Complex. Such regulations shall be placed in the record, which shall include the description, location and date of such regulation. Whenever any specific regulation of traffic becomes expressly not applicable to a specific location within the Capitol Complex, the record of such regulation shall be marked \"deleted\" by the commander of the Capitol Regional Command Office or his designee, who shall also note the date of such deletion.(6) The record of traffic-control devices, signs, signals and markings shall be continuously maintained by the Department of Public Safety, and all persons shall be charged with notice of the contents of the same. Defects, omissions or entries of the records relating to traffic-control devices, signs, signals and markings shall not constitute a defense to prosecution for traffic or parking violations.", "sourceNote": "Source Note: The provisions of this §111.41 adopted to be effective January 24, 2016, 41 TexReg 613." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176042&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176042", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.42", "label": "Normal Duty Hours and Use of Parking Facilities After Work Hours" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176043", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Assignments on surface lots or in garages shall allow the permitted employee to utilize the assignment only on state working days, including skeleton holidays, during the hours of 7 a.m. through 6 p.m.(b) The board may authorize use of state parking areas outside of normal working hours for other purposes, to the extent such parking areas are not controlled by another state agency.", "sourceNote": "Source Note: The provisions of this §111.42 adopted to be effective January 24, 2016, 41 TexReg 613." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176043&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176043", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.43", "label": "Monthly Parking Fees, Payment, and Refunds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176044", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Fees. A monthly charge for assigned parking will be at the rate set by the state legislature, or if no rate is set, at a rate set by the board. The board sets the rate at $10 per reserved space per month.(b) Payment. Monthly charges shall be paid quarterly in advance, due on the first day of September, December, March, and June. The payment is considered delinquent on the 10th of the month, at which time a notice is sent to the agency advising the agency to remit payment within five working days of the date of notice.(c) All agencies must remit payment for spaces or be subject to the loss of the privilege of the reserved parking space(s).", "sourceNote": "Source Note: The provisions of this §111.43 adopted to be effective January 24, 2016, 41 TexReg 613." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176044&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176044", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.44", "label": "Parking Violations" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "208467", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following acts, when committed within the Capitol Complex, shall constitute parking violations that may be enforced by the Department of Public Safety:(1) parking overtime in a space which is limited in time by meters or signs, or parking overtime in a loading zone;(2) moving a barricade or parking within any barricaded area;(3) parking on any lawn, curb, sidewalk, or any area which creates an obstruction to vehicular or pedestrian traffic;(4) parking in a marked \"No Parking\" area;(5) parking within 15 feet of a fire plug or within a fire zone;(6) failing to park within a lined parking space. Vehicles shall be parked within the boundaries of the designated lined spaces. The fact that other vehicles are parked improperly shall not constitute an excuse for parking with any part of the vehicle over the line;(7) parking in a loading zone except while loading or unloading;(8) parking over 18 inches from the curb or parking stop, measured from any part of the car body facing the curb or parking stop;(9) parking with the rear of the vehicle facing the curb or parking stop unless in designated \"Back in Parking\" zones;(10) parking in a space or facility other than the one assigned, unless authorization has been obtained;(11) parking in a designated parking area without displaying proper permit;(12) parking upon any unmarked or unimproved area which has not been designated for parking;(13) double-parking on the roadway side of a vehicle stopped or parked at the edge or curb of a street;(14) parking in a handicapped space without displaying a proper permit;(15) possession or use of a lost/stolen or forged permit;(16) possession or use of a current permit that has been defaced or altered;(17) oversized vehicle in a stall marked for small or compact vehicles;(18) blocking or impeding a crosswalk, driveway, or alley;(19) parking in a state parking facility by an employee who has lost his/her parking privileges due to forfeiture;(20) parking on a public street within the Capitol Complex of a vehicle which is owned or operated by a state employee who has been issued a current parking permit which authorizes parking in a lot or garage within the Capitol Complex;(21) parking in a parking space designated for visitors to the Capitol Complex, when the vehicle is owned or operated by a state employee whose principal place of employment is within the Capitol Complex;(22) removing, or moving a vehicle to which is attached, an immobilization device which was placed on the vehicle under 37 TAC §3.173(f) (relating to Impoundment and Immobilization of Vehicles). If damage results to the immobilization device, such a violation will be prosecuted under the applicable provisions of the Penal Code;(23) displaying a handicapped permit issued to another person; or(24) permitting a person, other than the state employee to whom the permit is assigned, to use a parking permit for a purpose other than state employee parking. (A parking administration officer shall remove parking permits from these vehicles and seize any hang tag permits found in violation of this section).(b) The following shall constitute other traffic violations for which the penalty shall be a fine set by a court in accordance with applicable law:(1) speeding, i.e., operating a motor vehicle on state property in excess of 15 miles per hour;(2) violation of a provision contained within subsection (a) of this section; or(3) other violations of Texas Transportation Code Chapters 541 - 600.", "sourceNote": "Source Note: The provisions of this §111.44 adopted to be effective January 24, 2016, 41 TexReg 613." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=208467&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "208467", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.45", "label": "Sick Leave Pool" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176046&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176046", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Sick Leave Pool. A sick leave pool is established according to requirements and conditions of Tex. Gov. Code, Chapter 661 to provide for the alleviation of hardship caused to an employee and the employee's family if a catastrophic illness or injury forces the employee to exhaust all leave time earned by that employee and to lose compensation from the state.(1) The human resources manager is designated as the pool administrator.(2) The pool administrator, with the advice and consent of the executive director, will establish operating procedures consistent with the requirements of this section and relevant law governing operation of the pool. The pool administrator will ensure procedures are contained and made available to all agency employees in the agency's HR policy manual.(3) An employee may contribute to the pool only by written request in which the employee certifies that the contribution is strictly voluntary.(4) This policy is subject to change unless prohibited by statute.(b) Family Leave Pool. A family leave pool is established according to requirements and conditions of Tex. Gov. Code, Chapter 661, Subchapter A-1. The family leave pool is separate from the sick leave pool. An employee may withdraw leave time from the pool if certain conditions are met and if the employee has exhausted all leave time and will otherwise go into unpaid status.(1) The Human Resources Manager is designated as the pool administrator.(2) The pool administrator, with the advice and consent of the executive director, will establish operating procedures consistent with the requirements of this section and relevant law governing operation of the pool. The pool administrator will ensure procedures are contained and made available to all agency employees in the agency's HR policy manual.(3) An employee may contribute to the pool only by written request in which the employee certifies that the contribution is voluntary.(4) This policy is subject to change unless prohibited by statute.", "sourceNote": "Source Note: The provisions of this §111.45 adopted to be effective January 24, 2016, 41 TexReg 613; amended to be effective April 20, 2022, 47 TexReg 1993." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176046&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176046", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.46", "label": "Bid Procedures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176047&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "176047", "queryAsDate": "03/11/2026" }, "ruleBody": "The board adopts by reference the Comptroller of Public Accounts rule for Bid Submission, Bid Opening, and Tabulation. The rule being adopted by reference has been published as 34 TAC §20.35.", "sourceNote": "Source Note: The provisions of this §111.46 adopted to be effective January 24, 2016, 41 TexReg 613." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=176047&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "176047", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.47", "label": "Negotiation and Mediation of Certain Contract Disputes" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194053&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "194053", "queryAsDate": "03/11/2026" }, "ruleBody": "The board adopts by reference the rules of the Office of the Attorney General in Texas Administrative Code, Title 1, Part 3, Chapter 68 relating to Negotiation and Mediation of Certain Contract Disputes to comply with the requirements of Government Code, Chapter 2260, §2260.052(c). The rules set forth a process to permit parties to structure a negotiation or mediation in a manner that is most appropriate for a particular dispute regardless of the contract's complexity, subject matter, dollar amount, or method and time of performance.", "sourceNote": "Source Note: The provisions of this §111.47 adopted to be effective January 24, 2016, 41 TexReg 613." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=194053&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "194053", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "7", "label": "STATE PRESERVATION BOARD" }, "chapter": { "number": "111", "label": "RULES AND REGULATIONS OF THE BOARD" }, "rule": { "number": "§111.48", "label": "Procedure for contracts requiring enhanced contract or performance monitoring" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213435&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213435", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Contracts for the purchase of goods or services that have a value in excess of $1 million will be identified for enhanced contract or performance monitoring.(b) Contracts that are identified for enhanced contract or performance monitoring will be reported to the Board.(c) Contracts will be monitored in accordance with policies and procedures in the SPB contract management handbook.(d) The Board will be notified, as appropriate, of any serious issue or risk that is identified with respect to a contract monitored under this rule.", "sourceNote": "Source Note: The provisions of this §111.48 adopted to be effective February 17, 2019, 44 TexReg 582." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213435&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213435", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "121", "label": "TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM" }, "rule": { "number": "§121.1", "label": "Background and Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213436", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Background.(1) The Texas Moving Image Industry Incentive Program administered by the Texas Film Commission (Commission) offers grants based upon eligible expenditures within the state by the Applicant, subject to this Chapter and Chapter 485 of the Texas Government Code.(2) Grants are available upon submission of all required documentation by the Applicant to the Commission, initial verification by the Commission and a compliance review by the Office of the Governor. These grants are in addition to the sales tax exemptions described in Sections 151.318 and 151.3185 of the Texas Tax Code and §3.300 of Title 34 of the Texas Administrative Code.(b) Purpose.(1) The Texas Moving Image Industry Incentive Program increases employment opportunities for Texas industry professionals, encourages tourism to the state, and boosts economic activity in Texas cities and the overall Texas economy. Rather than being an exporter of talent, Texas attracts a wide range of projects from traditional film, television, and commercial productions, to technology-driven visual effects, animation, video games, and other digital interactive media productions.(2) The Texas Moving Image Industry Incentive Program promotes the growth of the indigenous segments of media production, thereby encouraging Texas's talented workforce to stay in Texas and realize real professional growth in the industry. The program increases the value of the Texas workforce and the viability of the small businesses that rely on media production activity, increasing Texas's capacity to take on more production activity and increasing the state's competitive edge.(3) The Texas Moving Image Industry Incentive Program is not intended for productions or projects that are permanently located in Texas, including, but not limited to, news productions, sports productions, and religious service productions.", "sourceNote": "Source Note: The provisions of this §121.1 adopted to be effective March 10, 2008, 33 TexReg 2019; amended to be effective November 22, 2009, 34 TexReg 8029; amended to be effective August 28, 2011, 36 TexReg 5201; amended to be effective September 5, 2013, 38 TexReg 5714; amended to be effective March 27, 2017, 42 TexReg 1399; amended to be effective May 21, 2023, 48 TexReg 2484." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213436&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213436", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "121", "label": "TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM" }, "rule": { "number": "§121.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214976&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "214976", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this Chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Applicant--(A) For Feature Films, Television Programs, Visual Effects Projects for Feature Films or Television Programs, Reality Television Projects or Educational or Instructional Videos: either the Production Company producing the project or the owner of the copyright.(B) For Commercials or Visual Effects Projects for Commercials: the Production Company, advertising agency, or client; provided, however, that if an advertising agency or client applies as the Applicant, but a Production Company expends the funds in the state in connection with a project, then either a chain of downstream payment from the Applicant to the Production Company or a production services agreement must be evidenced in connection with the submission of the Expended Budget.(C) For Digital Interactive Media Productions: the Production Company, game or content developer, or game publisher.(2) Business Day--A day other than Saturday, Sunday, or a Federal or State of Texas holiday.(3) Cast--Actors paid by the Applicant to perform roles in Texas, including, but not limited to, featured actors, extras, stunt performers, voice-over talent, hosts, judges, announcers and roles or performers that appear on a recurring basis, but excluding talk show guests, game or contest show contestants, and litigants and witnesses in courtroom reality programs.(4) Commercial--A live-action or animated-production advertisement, including, but not limited to, an individual advertisement, more than one advertisement created in a contiguous production period for the same client, a music video, or an infomercial that is made for the purpose of promoting a product, service, or idea and is produced for distribution via broadcast, cable, or any digital format, including, but not limited to, cable, satellite, Internet, or mobile electronic device.(5) Crew--Independent contractors or employees paid by the Applicant to perform work in Texas that are directly contracted and credited for a specific position. An individual may work in more than one position on a production. Executive producers and/or permanent salaried employees of an Applicant who are listed on call sheets or production reports but not paid Wages on the project other than producing services, shall not be counted in Crew calculations for Texas Residency purposes. Vendors serving a traditional crew function and providing personal services, but who are paid as independent contractors rather than through payroll, shall be counted in Crew calculations for Texas Residency purposes and must provide a Declaration of Texas Residency Form.(6) Declaration of Texas Residency Form--A document promulgated by the Texas Film Commission (Commission) to be utilized by Applicants to prove the residency status of each Texas Resident employee, contractor, Crew, or Cast member.(7) Digital Interactive Media Production--Software that provides a user or users with a game to play or other interactive technology experience for the purpose of entertainment or education, including for military or medical simulation training, and which is created for a game console or platform, personal computer, handheld console, or mobile electronic device used by a business or consumer solely for bona fide amusement purposes as outlined in Section 47.01 of the Texas Penal Code.(8) Educational or Instructional Video--An individual live-action or animated production, or a contiguous series of more than one live-action or animated production created for the same client, that is produced for exhibition in an educational or instructional setting.(9) Episodic Television Series--A Television Program consisting of multiple episodes of a single season.(10) Expended Budget--The final verifying documentation and worksheets submitted by an Applicant to the Commission at the completion of a project that shows the total eligible in-state spending, as defined in Section 485.021(1) of the Texas Government Code, and includes all documentation considered by the Commission to be necessary to show compliance with the requirements of the Texas Moving Image Industry Incentive Program.(11) Feature Film--Any live-action or animated for-profit production, including narrative and documentary productions, that is produced for distribution in theaters or via any digital format, including, but not limited to, DVD, Internet, or mobile electronic device.(12) Filming Day--A day of Production as defined in paragraph (18) of this section. When calculating 60% of Filming Days for purposes of §121.3 of this Chapter, but not for purposes of calculating 25% of Filming Days for purposes of §121.7 of this Chapter, a Filming Day may include a traditional day of Production in live-action or digital media, as well as a concurrent day of Production conducted by a second unit, so long as:(A) such second unit, is not a splinter unit, but is utilized for a bona fide, production-related purpose and would be recognized by the Directors Guild of America as a second unit; and(B) a call sheet, and production report, for such day is circulated and executed in connection with the activities of such second unit. Any bona fide, second unit day shall be added to both the numerator of Texas days and the denominator of total days for purposes of calculating 60% of Filming Days for purposes of §121.3 of this Chapter.(13) Man Hours--A unit of one hour's work by one person.(14) Physical Production--The period encompassing Pre-Production, Production, and Postproduction.(15) Postproduction--The period that occurs after the end of Production, including but not limited to, animation, bug-fixing, codebase completion, compositing, editing, lighting, music, patch-creation, sound, testing, and visual effects.(16) Pre-Production--The period that occurs before the start of Production, including, but not limited to, casting actors, estimating budgets, mechanics, scouting locations, and testing story.(17) Principal Start Date--(A) For a live-action Feature Film, Television Program, Reality Television Project, Educational or Instructional Video, or Commercial project: the first day of principal photography.(B) For a Digital Interactive Media Production, Visual Effects Project or animated project: the first day of asset creation (i.e., character or environment modeling and/or rigging).(18) Production--(A) For a live-action Feature Film, Television Program, Reality Television Project, Educational or Instructional Video or Commercial project: the period starting the first day of principal photography through the last day of principal photography.(B) For a Digital Interactive Media Production, Visual Effects Project or animated project: the period starting the first day of asset creation or commencement of layout (i.e., character or environment modeling and/or rigging) through the last day of animation, code freeze, and/or final layout.(19) Production Company--A company that engages in any of the activities included in Physical Production for a Feature Film, Television Program, Reality Television Project, Educational or Instructional Video, Commercial project, or Digital Interactive Media Production.(20) Reality Series--A Reality Television Project consisting of multiple episodes of a single season.(21) Reality Television Project--A live-action, for-profit production based upon unscripted content, including, but not limited to, a Reality Series, a contest or game show (to include individual episodes), or a talk show (to include individual episodes), that is produced for distribution via broadcast, cable, or any digital format, including, but not limited to, satellite, Internet, or mobile electronic device.(22) Television Program--An episodic live-action or animated for-profit production that is produced in a narrative or documentary style, including, but not limited to, a television series, miniseries, limited series, television movie, television pilot, television episode, or a musical performance that is produced for distribution via broadcast, cable, or any digital format, including, but not limited to, satellite, Internet, or mobile electronic device (including a short narrative or documentary episode or series of episodes distributed initially as streamed content).(23) Texas Heritage Project--A Feature Film or Television Program (excluding a Reality Television Project), that promotes or documents Texas's diverse cultural, historical, natural or man-made resources, and that meets the requirements established in §121.13 of this Chapter (relating to Texas Heritage Project).(24) Texas Resident--An individual who is a permanent resident of Texas for at least 120 days prior to the Principal Start Date of the project and who has completed a Declaration of Texas Residency Form.(25) Underutilized and Economically Distressed Area--(A) Underutilized Area--An area of the state that receives less than 15% of the total moving image industry production in the state during a fiscal year, as determined by the Commission. An area of the state wherein 15% or more of the total moving image industry production takes place during a fiscal year, as determined by the Commission, includes a thirty mile radius from city hall of that area's largest municipality.(B) Economically Distressed Area--An area within the thirty mile radius described in Subparagraph (A) of this paragraph, where the median household income does not exceed 75% of the median household income as determined by the Texas Demographic Center or its successor.(26) Visual Effects Project--A self-contained production whereby computer generated images are created or manipulated to integrate with live-action footage of a Feature Film, Television Program, Educational or Instructional Video, or Commercial.(27) Wages--Compensation paid to an individual for work performed. Payment methods include, but are not limited to, direct payments, payments through an agent or agency, payments through a loan-out company or payments through a payroll service. Wages include, but are not limited to, gross wages, per diems (if signed for by the recipient), employer paid Social Security (Old Age, Survivors, and Disability Insurance (OASDI)) payments, employer paid Medicare (MEDI) payments, employer paid Federal Unemployment Insurance (FUI) payments, employer paid Texas State Unemployment Insurance (SUI) payments, employer paid pension, health and welfare payments, and employer paid vacation and holiday pay. Only the first $1,000,000 in aggregate wages and/or compensation per person shall constitute eligible Wage expenditures.", "sourceNote": "Source Note: The provisions of this §121.2 adopted to be effective March 10, 2008, 33 TexReg 2019; amended to be effective November 22, 2009, 34 TexReg 8029; amended to be effective August 28, 2011, 36 TexReg 5201; amended to be effective August 5, 2012, 37 TexReg 5737; amended to be effective September 5, 2013, 38 TexReg 5714; amended to be effective March 27, 2017, 42 TexReg 1399; amended to be effective May 21, 2023, 48 TexReg 2484." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=214976&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "214976", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "121", "label": "TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM" }, "rule": { "number": "§121.3", "label": "Eligible Projects" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213438", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A project may be eligible for a grant under the Texas Moving Image Industry Incentive Program if it meets the stated minimum requirements listed in Subsections (b) - (h) of this Section, is appropriate in content, and represents a potential economic impact in Texas, as assessed in §121.9(c)(3) of this Chapter, that is sufficient to justify acceptance in the program.(b) Feature Films.(1) Feature Film Applicants must expend a minimum of $250,000 in in-state spending.(2) Applicants must film at least 60% of a project in Texas. Applicants must fulfill this requirement by:(A) completing at least 60% of Filming Days in Texas; or(B) if the Texas Film Commission (Commission) provides prior written approval:(i) completing at least 60% of the total project Man Hours in Texas; or(ii) having at least 60% of the actual locations used and paid for, not including basecamps, in Texas.(3) Except as provided in paragraph (4) of this Subsection, 55% of the Crew paid by the Applicant and 55% of the Cast paid by the Applicant, including extras, must be Texas Residents, unless it is determined and certified by the Commission in writing that a sufficient number of qualified Crew and Cast, including extras, are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.(4) For animated or documentary Feature Films, 55% of the combined total of Crew and Cast paid by the Applicant, including extras, must be Texas Residents, unless it is determined and certified by the Commission in writing that qualified Crew and Cast are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.(c) Television Programs.(1) Television Program Applicants must expend a minimum of $250,000 in in-state spending.(2) 60% of the project must be filmed in Texas. This must be fulfilled by completing at least 60% of the Filming Days in Texas, or, if permitted by the Commission in its sole discretion:(A) completing at least 60% of the total Man Hours in Texas; or(B) at least 60% of the actual locations used and paid for, not including basecamps, being located in Texas.(3) Except as provided in paragraph (4) of this Subsection, 55% of the Crew paid by the Applicant and 55% of the Cast paid by the Applicant, including extras, must be Texas Residents, unless it is determined and certified by the Commission in writing that a sufficient number of qualified Crew and Cast, including extras, are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.(4) For animated or documentary Television Programs, 55% of the combined total of Crew and Cast paid by the Applicant, including extras, must be Texas Residents, unless it is determined and certified by the Commission in writing that qualified Crew and Cast are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.(d) Reality Television Projects.(1) Reality Television Project Applicants must expend a minimum of $250,000 in in-state spending.(2) 60% of the project must be filmed in Texas. This must be fulfilled by completing at least 60% of the Filming Days in Texas, or, if permitted by the Commission in its sole discretion:(A) completing at least 60% of the total Man Hours in Texas; or(B) at least 60% of the actual locations used and paid for, not including basecamps, being located in Texas.(3) 55% of the combined total of Crew and Cast paid by the Applicant, including extras, must be Texas Residents, unless it is determined and certified by the Commission in writing that a sufficient number of qualified Crew and Cast, including extras, are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.(e) Commercials.(1) Commercial Applicants must expend a minimum of $100,000 in in-state spending.(2) 60% of the project must be filmed in Texas. This must be fulfilled by completing at least 60% of the Filming Days in Texas, or, if permitted by the Commission in its sole discretion:(A) completing at least 60% of the total Man Hours in Texas; or(B) at least 60% of the actual locations used and paid for, not including basecamps, being located in Texas.(3) 55% of the combined total of Crew and Cast paid by the Applicant, including extras, must be Texas Residents, unless it is determined and certified by the Commission in writing that a sufficient number of qualified Crew and Cast, including extras, are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.(f) Digital Interactive Media Productions.(1) Digital Interactive Media Production Applicants must expend a minimum of $100,000 in in-state spending.(2) 60% of the project must be filmed in Texas. This must be fulfilled by completing at least 60% of the Filming Days in Texas, or, if permitted by the Commission in its sole discretion:(A) completing at least 60% of the total Man Hours in Texas; or(B) at least 60% of the actual locations used and paid for, not including basecamps, being located in Texas.(3) 55% of the combined total of Crew and Cast paid by the Applicant must be Texas Residents, unless it is determined and certified by the Commission in writing that qualified Crew and Cast are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.(g) Educational or Instructional Videos.(1) Educational or Instructional Video Applicants must expend a minimum of $100,000 in in-state spending.(2) 60% of the project must be filmed in Texas. This must be fulfilled by completing at least 60% of the Filming Days in Texas, or, if permitted by the Commission in its sole discretion:(A) completing at least 60% of the total Man Hours in Texas; or(B) at least 60% of the actual locations used and paid for, not including basecamps, being located in Texas.(3) 55% of the combined total of Crew and Cast paid by the Applicant, including extras, must be Texas Residents, unless it is determined and certified by the Commission in writing that qualified Crew and Cast are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.(h) Visual Effects Projects.(1) Visual Effect Project for a Feature Film or Television Program:(A) Applicants must expend a minimum of $250,000 in in-state spending.(B) 60% of the project must be filmed in Texas. This must be fulfilled by completing at least 60% of the Filming Days in Texas, or, if permitted by the Commission in its sole discretion:(i) completing at least 60% of the total Man Hours in Texas; or(ii) at least 60% of the actual locations used and paid for, not including basecamps, being located in Texas.(C) 55% of the Crew paid by the Applicant and 55% of the Cast paid by the Applicant, including extras, must be Texas Residents, unless it is determined and certified by the Commission in writing that a sufficient number of qualified Crew and Cast, including extras, are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.(2) Visual Effect Project for an Educational or Instruction Video or Commercial:(A) Applicants must expend a minimum of $100,000 in in-state spending.(B) 60% of the project must be filmed in Texas. This must be fulfilled by completing at least 60% of the Filming Days in Texas, or, if permitted by the Commission in its sole discretion:(i) completing at least 60% of the total Man Hours in Texas; or(ii) at least 60% of the actual locations used and paid for, not including basecamps, being located in Texas.(C) 55% of the combined total of Crew and Cast paid by the Applicant, including extras, must be Texas Residents, unless it is determined and certified by the Commission in writing that a sufficient number of qualified Crew and Cast, including extras, are not available and every effort has been made by the production to meet the requirement by the Principal Start Date.", "sourceNote": "Source Note: The provisions of this §121.3 adopted to be effective March 10, 2008, 33 TexReg 2019; amended to be effective November 22, 2009, 34 TexReg 8029; amended to be effective August 1, 2010, 35 TexReg 6519; amended to be effective August 28, 2011, 36 TexReg 5201; amended to be effective January 1, 2012, 36 TexReg 8818; amended to be effective September 5, 2013, 38 TexReg 5714; amended to be effective May 21, 2023, 48 TexReg 2484; amended to be effective September 3, 2023, 48 TexReg 4850." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213438&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213438", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "121", "label": "TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM" }, "rule": { "number": "§121.4", "label": "Ineligible Projects" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213439&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213439", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following types of projects are not eligible for grants under this program:(1) pornography or obscene material, as defined by Section 43.21 of the Texas Penal Code;(2) news, current event or public access programming, political advertising, including public service announcements which advance a public policy or political position, or programs that include weather or market reports;(3) local events or religious services;(4) productions not intended for commercial, educational, or instructional distribution;(5) sporting events or activities;(6) awards shows, galas, telethons or programs that solicit funds;(7) projects intended for undergraduate or graduate course credit;(8) application software, system software, or middleware;(9) casino-type video games and interactive digital media experiences used in a gambling device, as such term is defined in Section 47.01 of the Texas Penal Code; or(10) Commercials or advertising for the State of Texas or any Texas state agency or department.(b) The Texas Film Commission (Commission) is not required to act on any application and may deny an application or eventual grant payments because of inappropriate content or content that portrays Texas or Texans in a negative fashion, as determined by the Commission. In determining whether to act on or deny an application, the Commission shall consider general standards of decency and respect for the diverse beliefs and values of the citizens of Texas. As part of the preliminary application process, the Commission shall review the Content Document, as defined in §121.8(a)(1)(C) of this Chapter and shall advise the potential Applicant on whether the content precludes the project from receiving a grant.(c) Once an approved project has been completed, the Commission shall review the final content before issuing the grant payment to determine if any substantial changes occurred during Production to include content described by Subsection (a) or (b) of this Section.", "sourceNote": "Source Note: The provisions of this §121.4 adopted to be effective March 10, 2008, 33 TexReg 2019; amended to be effective November 22, 2009, 34 TexReg 8029; amended to be effective August 28, 2011, 36 TexReg 5201; amended to be effective September 5, 2013, 38 TexReg 5714; amended to be effective May 21, 2023, 48 TexReg 2484." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213439&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213439", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "121", "label": "TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM" }, "rule": { "number": "§121.5", "label": "Eligible and Ineligible In-State Spending" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213440&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213440", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The following are eligible expenditures:(1) Wages paid to Texas Residents for work performed in Texas, including additional compensation paid as part of a contractual or collective bargaining agreement.(2) Additional compensation or reimbursements paid to Texas Residents, including, but not limited to:(A) mileage or car allowance;(B) housing allowance; and(C) box or kit rentals for use of personal equipment.(3) Workers compensation insurance premiums for Texas Residents, but only if the premiums are paid to a Texas-based insurance company or broker.(4) Payroll company service fees for Texas Residents, but only if paid to a Texas-based payroll company that processes payroll within Texas.(5) Payments made to Texas-domiciled entities, sole proprietorships, or individuals for goods and services used in Texas that are directly attributable to the Physical Production of the project. In the case of Digital Interactive Media Productions, Visual Effects Projects, and animated projects, the amount attributable to Pre-Production and research and development costs shall be limited to an amount not to exceed 30% of the project's overall in-state spending.(6) Payments for shipping on shipments originating in Texas.(7) Air travel to and from Texas on a Texas-based airline or on a Texas-based air charter service, provided that an itemized receipt showing an itinerary and passenger name from the airline is provided confirming payment.(8) Rentals of vehicles registered and licensed in the State of Texas or rented from a Texas-domiciled entity or sole proprietorship, including, but not limited to, national rental car companies with one or more physical outlets in Texas.(9) Fees paid to Texas Residents to compose, orchestrate, and perform music that is specifically created for the project.(10) Legal fees directly attributable to the Physical Production of the project that are paid to Texas-based lawyers or law firms.(11) Internet purchases, but only if purchased from a Texas-domiciled entity or sole proprietorship or a retailer with a physical store or outlet in Texas. Items purchased must be shipped directly to Texas.(12) Capital expenditures that are:(A) less than $1,000 for an individual item from a Texas-domiciled entity or sole proprietorship; or(B) equal to or greater than $1,000 for an individual item purchased that is not exhausted during the course of Production, so long as such item is sold or appropriately disposed of at the end of Production and evidence of such sale or disposition is furnished to the Texas Film Commission (Commission). Evidence of sale or disposition must show that only the difference between the purchase price and the sale price is submitted as an eligible expenditure and a copy of the check or receipt for the sale must be included as back up with the original purchase documentation.(13) Location fees, if an executed location agreement by and between the Applicant and the location owner or owner's representative is provided to the Commission with the Applicant's Expended Budget.(b) The following are ineligible expenditures:(1) Payments made to non-Texas-domiciled entities, or if a sole proprietorship or individual, to non-Texas Residents.(2) Payments made for goods and services not used in Texas.(3) Payments made for goods and services that are not directly attributable to the Physical Production of the project.(4) Payments made by Digital Interactive Media Productions, Visual Effects Projects, and animated projects for Pre-Production costs that exceed 30% of the project's overall in-state spending.(5) Expenses related to distribution, publicity, marketing, or promotion of the project, including, but not limited to, promotional stills.(6) Payments, other than properly allowable location fees, for facilities and automobiles that are part of a permanent/continuous business operation including, but not limited to, rental, lease or mortgage payments, utilities, software, and insurance.(7) Wages paid to non-Texas Residents, including additional compensation paid as part of a contractual or collective bargaining agreement.(8) Payments made to a company, entity, association, or person that acts as an agent or broker for companies, entities, associations, or persons outside of Texas to provide goods, services, or labor for the purpose of taking advantage of the Texas Moving Image Industry Incentive Program (also known as \"pass-through\" entities).(9) Fees for story rights, music rights, or clearance rights and licensing fees.(10) Additional compensation or reimbursements paid to non-Texas Residents, including, but not limited to:(A) mileage or car allowance;(B) housing allowance; and(C) box or kit rentals for use of personal equipment.(11) Workers' compensation insurance payments for non-Texas Residents.(12) Payroll company service fees for non-Texas Residents or those paid to a non-Texas-based payroll company.(13) Payments for shipments originating outside of Texas.(14) Payments for mobile and landline telephone service if the service or billing address is not in Texas.(15) Payments for alcoholic beverages, cigarettes, and tobacco products.(16) Payments to adult-oriented businesses or for adult-oriented material.(17) Payments for entertainment, including, but not limited to, parties, event tickets, movies, hotel mini-bar items, meals unrelated to the Physical Production of the project, and personal gifts.(18) Payments for tips and gratuities.(19) Capital expenditures for an individual item over $1,000 which item is not exhausted during the course of Production, unless such purchase is from a Texas-domiciled entity or sole proprietorship, the item is sold at the end of the Production and evidence of such sale is furnished to the Commission. The documentation provided to the Commission must show that only the difference between the purchase price and the sale price is submitted as an eligible expenditure and a copy of the check or receipt for the sale should be included as back up with the original purchase documentation.(20) Payments to any business that sells alcohol or tobacco products reflected on receipts which are not itemized, even if the submitted item itself is otherwise eligible.(21) Any \"talent handling fees,\" \"overage fees,\" and \"production fees\" for a Commercial where the Applicant is a Production Company rather than the client or advertisement agency, other than the following items which must have been budgeted on the original, awarded bid to be eligible expenditures: the Applicant's insurance fees from the actual column of the actual Association of Independent Commercial Producers (AICP) budget (if it does not exceed the original, awarded bid and if a Texas-based insurance company or broker is used); editorial or Postproduction fees from the actual column of the AICP budget (if such fees do not exceed the Postproduction fees on the original, awarded bid); and any bona fide internal billing items which do not exceed the usual and customary cost of the goods or services, such as when Production Company employees work directly on the production using equipment and/or studio space owned by the Applicant that is \"rented\" to the production in lieu of using an outside vendor.(22) Any payments made other than by the Applicant, including, but not limited to, payments made on behalf of the Applicant by a third party, unless a production services agreement or similar documentation is provided to show sufficient proof, as determined by the Commission in its sole discretion, of the relationship between the Applicant and the third party.(c) The Commission reserves the right to determine which expenses are eligible or ineligible.", "sourceNote": "Source Note: The provisions of this §121.5 adopted to be effective March 10, 2008, 33 TexReg 2019; amended to be effective November 22, 2009, 34 TexReg 8029; amended to be effective August 28, 2011, 36 TexReg 5201; amended to be effective September 5, 2013, 38 TexReg 5714; amended to be effective May 21, 2023, 48 TexReg 2484." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213440&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213440", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "121", "label": "TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM" }, "rule": { "number": "§121.6", "label": "Grant Awards" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213441", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Feature Films, Television Programs, and Visual Effects Projects for Feature Films or Television Programs with total eligible in-state spending of:(1) At least $250,000 but less than $1 million shall be eligible to receive a grant equal to 5% of eligible in-state spending.(2) At least $1 million but less than $3.5 million shall be eligible to receive a grant equal to 10% of eligible in-state spending.(3) At least $3.5 million shall be eligible to receive a grant equal to 20% of eligible in-state spending.(b) Digital Interactive Media Productions with total eligible in-state spending of:(1) At least $100,000 but less than $1 million shall be eligible to receive a grant equal to 5% of eligible in-state spending.(2) At least $1 million but less than $3.5 million shall be eligible to receive a grant equal to 10% of eligible in-state spending.(3) At least $3.5 million shall be eligible to receive a grant equal to 20% of eligible in-state spending.(c) Reality Television Projects with total eligible in-state spending of:(1) At least $250,000 but less than $1 million will be eligible to receive a grant equal to 5% of eligible in-state spending.(2) At least $1 million will be eligible to receive a grant equal to 10% of total eligible in-state spending.(d) Commercials, Educational or Instructional Videos, and Visual Effects Projects for Commercials or Educational or Instruction Videos with total eligible in-state spending of:(1) At least $100,000 but less than $1 million will be eligible to receive a grant equal to 5% of eligible in-state spending.(2) At least $1 million will be eligible to receive a grant equal to 10% of total eligible in-state spending.", "sourceNote": "Source Note: The provisions of this §121.6 adopted to be effective March 10, 2008, 33 TexReg 2019; amended to be effective November 22, 2009, 34 TexReg 8029; amended to be effective August 28, 2011, 36 TexReg 5201; amended to be effective September 5, 2013, 38 TexReg 5714; amended to be effective November 3, 2013, 38 TexReg 7439; amended to be effective May 21, 2023, 48 TexReg 2484." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213441&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213441", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "121", "label": "TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM" }, "rule": { "number": "§121.7", "label": "Additional Grant Award" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213442&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213442", "queryAsDate": "03/11/2026" }, "ruleBody": "An applicant shall be eligible for a single additional grant equal to 2.5% of total in-state spending by meeting one of the following:(1) Completing at least 25% of their total Filming Days or Man Hours, as applicable, in Underutilized or Economically Distressed Areas (UEDAs).(A) In the event that multiple locations are utilized within a single Filming Day, in order to calculate the 25% of total Filming Days in UEDAs necessary to receive this additional grant, the Texas Film Commission (Commission) shall pro-rate a given Filming Day by the number of shooting locations reflected on production reports furnished by an Applicant to the Commission. For example, if eight shooting locations are utilized in a Filming Day, and five are located in UEDAs, 5/8 of that Filming Day shall count in calculating the 25% of total Filming Days necessary for this additional grant.(B) If one or more shooting locations is not located in a UEDA, but is serviced by a basecamp located in a UEDA, such shooting locations shall be deemed to be located in a UEDA when calculating the 25% of total Filming Days necessary for this additional grant. A Production Company must have paid financial consideration to the owner/leaseholder of the basecamp location pursuant to a location agreement to be considered a \"basecamp\" under this subparagraph. The basecamp location must be listed on the call sheets and/or other relevant production documentation.(C) The Commission shall identify the areas that qualify for designation as UEDAs.(2) Demonstrating that 5% of the combined total of paid Crew and paid Cast, including extras, who are paid by the Applicant are Texas Resident \"Veterans.\"(A) For purposes of this Section, a \"Veteran\" is a person who served in and has been honorably discharged from the United States Army, Navy, Marine Corps, Air Force, or Coast Guard; the National or Air National Guard of the United States; the Texas Army National Guard; the Texas Air National Guard; a Reserve component of any of the aforementioned military organizations; or any other military service that the Commission determines to be allowable.(B) The Applicant shall submit sufficient information confirming the Veteran's status, including military-issued discharge documentation and other information requested by the Commission to support a determination that the person qualifies as a Veteran.(3) Expending 10% of the total eligible in-state spending on eligible expenditures during Postproduction, including labor, vendors, and music costs.", "sourceNote": "Source Note: The provisions of this §121.7 adopted to be effective March 10, 2008, 33 TexReg 2019; amended to be effective November 22, 2009, 34 TexReg 8029; amended to be effective August 28, 2011, 36 TexReg 5201; amended to be effective September 5, 2013, 38 TexReg 5714; amended to be effective March 6, 2014, 39 TexReg 1358; amended to be effective March 27, 2017, 42 TexReg 1399; amended to be effective May 21, 2023, 48 TexReg 2484." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213442&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213442", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "121", "label": "TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM" }, "rule": { "number": "§121.8", "label": "Grant Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213443&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213443", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Initial Submission(1) A Qualifying Application includes:(A) A completed Qualifying Application form for the Texas Moving Image Industry Incentive Program;(B) An itemized budget detailing only estimated Texas expenditures; and(C) A Content Document:(i) for Feature Films, Television Programs (except Episodic Television Series) and Visual Effects Projects for Feature Films and Television Programs: the full script;(ii) for Episodic Television Series: the full script of the first episode to be filmed in Texas;(iii) for Commercials, Educational or Instructional Videos, and Visual Effects Projects for Commercials or Educational or Instructional Videos: the scripts, storyboards, or detailed outlines/summaries of content;(iv) for Digital Interactive Media Productions: a summary of game content providing sufficient detail concerning the platform, themes, settings, story, characters, and events; or(v) for Reality Television Projects: a detailed treatment or outline of program content.(2) Application forms for each type of project are available by request to the Commission via telephone, Internet, or other means if additional special needs facilitation is required.(3) Applications shall not be accepted earlier than 180 calendar days prior to a project's Principal Start Date.(4) Applications must be received no later than 5:00 p.m. Central Time on the fifth Business Day prior to the Principal Start Date.(5) Only one application by a single Applicant is allowed for a project.(6) Within 5 Business Days of the Principal Start Date indicated on the Qualifying Application form, an Applicant for a Feature Film, Television Program, Reality Television Project, Digital Interactive Media Production, Visual Effects Project or Educational or Instructional Video must confirm with the Commission in writing, to include e-mail, that the production began on time. If the start of the project is delayed for more than 30 days, an application may be disqualified and the Applicant may be required to reapply. If an Applicant fails to confirm that the production began on time within such 5 Business Day period, the Commission may, at its sole election but with no obligation to do so, disqualify the application.(b) The Office of the Governor, as a state agency, must comply with the Texas Public Information Act (the \"Act\"). In the event that a public information request related to the Applicant and/or the application is submitted to the agency, the Office of the Governor shall notify the Applicant within a reasonable amount of time using the Applicant's most current contact information provided to the Commission.", "sourceNote": "Source Note: The provisions of this §121.8 adopted to be effective March 10, 2008, 33 TexReg 2019; amended to be effective November 22, 2009, 34 TexReg 8029; amended to be effective August 28, 2011, 36 TexReg 5201; amended to be effective September 5, 2013, 38 TexReg 5714; amended to be effective March 27, 2017, 42 TexReg 1399; amended to be effective May 21, 2023, 48 TexReg 2484." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213443&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213443", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "121", "label": "TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM" }, "rule": { "number": "§121.9", "label": "Processing and Review of Applications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213444", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applications shall be reviewed in the order they are received.(b) Initial Review.(1) Each application shall go through an initial review process when the Qualifying Application is received.(A) If an Applicant submits a Qualifying Application with all required materials, the Texas Film Commission (Commission) shall notify the Applicant by e-mail that the Commission has received the Applicant's complete application, and the preliminary eligibility determination process shall begin.(B) If an Applicant submits a Qualifying Application without all required materials, the Commission shall notify the Applicant by e-mail that the Applicant's application requires additional materials or documentation, and that not receiving them by the fifth Business Day prior to the project's Principle Start Date may result in disqualification of the application.(2) Applicants may amend information on their application. The Commission shall determine whether an Applicant's amendment(s) require the Applicant to reapply.(c) Preliminary Eligibility Determination.(1) During the preliminary eligibility determination process, the Commission shall review the project's Qualifying Application and budget to identify eligible expenditures and to determine if the Applicant meets the minimum program requirements for in-state spending, Texas Filming Days, and Texas Residency.(2) The Commission shall also review the Content Document, as defined in §121.8(a)(1)(C) of this Chapter, to determine if the content is appropriate.(3) The Commission shall examine the Qualifying Application in light of the following criteria to assess, in the aggregate, the potential magnitude of the economic impact of the project in the State of Texas:(A) the financial viability of the Applicant and the likelihood of successful project execution and planned spending in the State of Texas;(B) proposed spending on existing state production infrastructure, including soundstages and industry vendors;(C) the number of Texas jobs estimated to be created by the project;(D) the ability to promote Texas as a tourist destination through the conduct of the project and planned expenditure of funds;(E) the magnitude of estimated expenditures in Texas; and(F) whether the project will be directed or produced by an individual who is a Texas Resident, with the term \"produced by\" meaning a non-honorary producer who has direct involvement in the day-to-day production of the project above the level of line producer.(4) The Commission shall notify the Applicant by e-mail that the Qualifying Application is approved if:(A) the Qualifying Application meets all minimum program requirements for in-state spending, Texas Filming Days, and Texas Residency, as determined by the Commission;(B) the Commission determines there will be sufficient economic impact of the project in the State of Texas based on the criteria specified in paragraph (3) of this Subsection;(C) the Commission determines the content, as described in the Content Document, is appropriate;(D) appropriated funds are available at such time of determination; and(E) the Commission, in its sole discretion, elects to approve the Qualifying Application based on the totality of the circumstances.(5) If the Commission denies a Qualifying Application, the Commission shall notify the Applicant by e-mail that the Qualifying Application is denied. The notice shall inform the Applicant whether the denial is based on failure to meet the minimum program requirements, insufficient economic impact, inappropriate content, or some other reason. Qualifying Applications shall be assessed in the order in which they are received.(6) All funding decisions made by the Commission are final and are not subject to appeal.(d) Grant Agreement.(1) Upon Commission approval of the Qualifying Application, the Commission shall issue a conditional award letter, which shall be contingent upon execution of a grant agreement between the Office of the Governor and the Applicant. The estimated grant amount shall be based upon the Applicant's estimated in-state spending.(2) The grant agreement must be returned to the Commission with original signatures. The Commission may disqualify a project for the Applicant's failure to return the grant agreement with original signatures.(e) Periodic Tracking and Review. After the grant agreement has been executed by both parties, the Commission may periodically review production activity including, but not limited to, requesting quarterly reports that describe in-state spending, production locations, and number of Texas Residents hired, and may require documentation for all of the above.(f) Encumbrance of Funds.(1) The Office of the Governor will not encumber funds until an Applicant provides a completed W-9 and a Texas Application for Payee Identification Number Form.(2) The amount encumbered for a project shall be equal to the estimated grant amount in the grant agreement.(3) Provided sufficient funds are available, the Commission, in its sole discretion, may adjust the amount encumbered, but only if an Applicant amends the estimated Texas spending amount on their Qualifying Application in writing, prior to submitting their Expended Budget as described in §121.11 of this Chapter.(g) Verifying Texas Residency.(1) In order to verify Texas Residency, the Applicant shall provide the Commission with completed Declaration of Texas Residency Forms for each Texas Resident Crew and Cast member.(2) Declaration of Texas Residency Forms are available on the Commission's web site or by request to the Commission via telephone, Internet, or other means if additional special needs facilitation is required.(3) In the event that a Crew or Cast member possesses one of the documents specified in the Declaration of Texas Residency Form, but not for the required 120 days, Texas Residency may also be verified if:(A) the project consists of at least 30 Filming Days; and(B) the Applicant provides one of the following documents naming said Crew or Cast member and dated at least 120 days and no more than 13 months prior to the project's Principal Start Date:(i) an executed HUD-1 settlement statement showing the purchase of residential real property located in Texas; or(ii) a notice of appraised value or bill assessing property tax on residential real property located in Texas.(4) If a Crew of Cast member does not possess any of the documents specified in the Declaration of Texas Residency Form, Texas Residency may also be verified by attaching to the Declaration a copy of their military ID card and their military orders that:(A) name said Crew or Cast member, or their spouse, parent, or legal guardian, as applicable;(B) show a permanent change of station to a military station in Texas; and(C) are dated at least 120 days prior to the project's Principal Start Date.(h) Texas Film Commission Logo. The Commission may require as a condition of the grant agreement that the Applicant must include the Texas Film Commission logo in the closing credits of a Feature Film, Reality Series or Television Production, or in the credits of a Digital Interactive Media Production.", "sourceNote": "Source Note: The provisions of this §121.9 adopted to be effective March 10, 2008, 33 TexReg 2019; amended to be effective November 22, 2009, 34 TexReg 8029; amended to be effective August 28, 2011, 36 TexReg 5201; amended to be effective January 1, 2012, 36 TexReg 8818; amended to be effective September 5, 2013, 38 TexReg 5714; amended to be effective January 8, 2014, 39 TexReg 78; amended to be effective May 21, 2023, 48 TexReg 2484." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213444&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213444", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "121", "label": "TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM" }, "rule": { "number": "§121.10", "label": "Disqualification of an Application" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213445&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213445", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Qualifying Application may be disqualified at any time if a project does not meet the necessary requirements or if a Qualifying Application is incomplete. If a Qualifying Application is disqualified, the Texas Film Commission (Commission) shall notify the Applicant by e-mail. Qualifying Applications that have been disqualified may be resubmitted with the required changes or additional information, no earlier than 180 calendar days before the Principal Start Date, and no later than 5:00 p.m. Central Time on the fifth Business Day preceding the Principal Start Date.(b) In the event that the principal start or completion date is changed, the Applicant must notify the Commission in writing, to include e-mail, of the new principal start or completion date, and must provide sufficient reasoning for the change. If the start of the project is delayed two or more times or for more than 30 days, a Qualifying Application may be disqualified and the Applicant may be required to reapply.(c) A Qualifying Application may be disqualified for reasons including, but not limited to:(1) failure to submit required documents and notifications, or additional documents as requested or as required by this Chapter;(2) failure to meet minimum requirements for in-state spending, number of Texas Residents hired, and/or percentage of Filming Days;(3) submission of false information;(4) inappropriate content as described in Section 43.21 of the Texas Penal Code or content described by §121.4(b) of this Chapter;(5) lack of available funding;(6) ineligible project as listed in §121.4 of this Chapter;(7) pursuant and subject to §121.8(a)(6) of this Chapter, if an Applicant fails to confirm that the production began on time;(8) lack of meaningful production activity on a project, as determined in the Commission's sole discretion, for a period of at least six months; or(9) a written, voluntary notification by the Applicant to the Commission of the cancellation of the project.", "sourceNote": "Source Note: The provisions of this §121.10 adopted to be effective March 10, 2008, 33 TexReg 2019; amended to be effective November 22, 2009, 34 TexReg 8029; amended to be effective August 28, 2011, 36 TexReg 5201; amended to be effective September 5, 2013, 38 TexReg 5714; amended to be effective March 27, 2017, 42 TexReg 1399; amended to be effective May 21, 2023, 48 TexReg 2484." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213445&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213445", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "121", "label": "TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM" }, "rule": { "number": "§121.11", "label": "Confirmation and Verification of Texas Expenditures" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213446", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Applicant must collect, authenticate and assemble an Expended Budget and all final verifying documentation and submit it to the Texas Film Commission (Commission) within 60 days of completing Texas expenditures. The Commission shall perform the initial review, and a compliance review shall be performed by the Office of the Governor.(b) The Expended Budget must be in a format acceptable to the Commission and must contain all final verifying documentation including, but not limited to:(1) a Texas Moving Image Industry Incentive Program Verification Worksheet confirming that all program requirements have been met and final verifying documentation is complete;(2) expenditure reports and worksheets that document all eligible Texas spending;(3) copies of all invoices, receipts, pay orders, proof of payment, and any other documentation the Commission considers to be necessary for review of the expenditure reports;(4) completed Declaration of Texas Residency Forms for all Texas Resident employees, contractors, Crew, and Cast members;(5) employees, Crew, and Cast lists that document employees, Crew, and Cast members and indicate whether such employees, Crew, and Cast members were paid or not (regardless of whether the Applicant was the source of payment), with the absence of such indication creating the presumption that such employees, Cast, and Crew were paid;(6) call sheets, production reports or production calendars that document all Filming Days and production days;(7) a copy of final content or online access to final content;(8) any other documentation the Commission requires, including, but not limited to, financials with all reports of expenditures.(c) The Applicant must ensure that the final verifying documentation submitted in the Expended Budget is correct and complete. Once the Expended Budget is accepted by the Commission for review, the Applicant shall not be allowed to submit additional information unless requested to do so by the Commission.", "sourceNote": "Source Note: The provisions of this §121.11 adopted to be effective March 10, 2008, 33 TexReg 2019; amended to be effective November 22, 2009, 34 TexReg 8029; amended to be effective August 28, 2011, 36 TexReg 5201; amended to be effective September 5, 2013, 38 TexReg 5714; amended to be effective March 27, 2017, 42 TexReg 1399; amended to be effective May 21, 2023, 48 TexReg 2484." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213446&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213446", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "121", "label": "TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM" }, "rule": { "number": "§121.12", "label": "Disbursement of Funds" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213447", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Disbursement of funds shall not occur until the Applicant has paid all financial obligations incurred to the State of Texas, and the Office of the Governor has completed and approved a final compliance review.(b) In the event of unpaid financial obligations to the State of Texas, the Office of the Governor shall determine whether or not to withhold grant disbursement, pending resolution of the unpaid financial obligation.", "sourceNote": "Source Note: The provisions of this §121.12 adopted to be effective March 10, 2008, 33 TexReg 2019; amended to be effective November 22, 2009, 34 TexReg 8029; amended to be effective August 28, 2011, 36 TexReg 5201; amended to be effective September 5, 2013, 38 TexReg 5714; amended to be effective March 27, 2017, 42 TexReg 1399; amended to be effective May 21, 2023, 48 TexReg 2484." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213447&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213447", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "121", "label": "TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM" }, "rule": { "number": "§121.13", "label": "Texas Heritage Project" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "213448", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Texas Film Commission (Commission) may, in its sole discretion, designate a Feature Film or Television Program as a Texas Heritage Project.(b) A project that the Commission designates as a Texas Heritage Project may receive an additional grant in an amount equal to 2.5% of total in-state spending.(c) When evaluating a project as a Texas Heritage Project, the Commission shall consider the project's:(1) current and likely future effect on the promotion of Texas' historic, cultural, natural, or man-made resources;(2) current and likely future economic impact on Texas communities through direct production spending and tourism;(3) inclusion of Texas residents in positions of significant creative or economic influence, such as producer, director, or investor; and(4) portrayal of Texas and Texans in a positive fashion.(d) Designation as a Texas Heritage Project is discretionary and is made in the sole determination of the Commission.(e) Up to $2,500,000 of Texas Moving Image Industry Incentive Program funds may be used during each biennium for awarding the additional grant to designated Texas Heritage Projects.", "sourceNote": "Source Note: The provisions of this §121.13 adopted to be effective September 5, 2013, 38 TexReg 5714; amended to be effective May 21, 2023, 48 TexReg 2484." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=213448&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "213448", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "121", "label": "TEXAS MOVING IMAGE INDUSTRY INCENTIVE PROGRAM" }, "rule": { "number": "§121.14", "label": "Revocation and Recapture of Incentives" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135942", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) An Applicant's eligibility for funds may be revoked after the project is completed for the reasons enumerated in §121.10(c) of this Chapter or in accordance with the grant agreement.(b) If an Applicant has already received grant funds under this Chapter and the Texas Film Commission (Commission) determines the Applicant does not meet a requirement, the Commission may require that the Applicant return any sum of the grant funds paid to the Applicant.", "sourceNote": "Source Note: The provisions of this §121.14 adopted to be effective March 10, 2008, 33 TexReg 2019; amended to be effective November 22, 2009, 34 TexReg 8029; amended to be effective August 28, 2011, 36 TexReg 5201; amended to be effective September 5, 2013, 38 TexReg 5714; amended to be effective May 21, 2023, 48 TexReg 2484." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135942&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135942", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "122", "label": "TEMPORARY USE OF STATE BUILDINGS AND GROUNDS BY TELEVISION OR FILM PRODUCTION COMPANIES" }, "rule": { "number": "§122.1", "label": "Background and Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "154688", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Background. House Bill 374 establishes the rules and processes for the temporary use of state properties by a production company for production activity. It also establishes that a state property can be used seven days during a fiscal year without charge, other than the reimbursement of additional costs. This Act takes effect September 1, 2007.(b) Purpose.(1) Texas has had a prodigious film industry for decades, and has always been popular with filmmakers worldwide for its varied and beautiful locations. It has been the Texas Film Commission's (TFC) responsibility since 1971 to help filmmakers find the right location, and state properties have always been popular choices. Establishing rules and processes for filming at these locations will make it easier for filmmakers to use their preferred locations, as well as take the burden of communicating with and supervising production companies off the state property.(2) The Texas Film Commission is also responsible for attracting production activity to Texas because of its positive impact on the State's economy and workforce. The use of state properties for free for seven days of each fiscal year will be another tool that the TFC can use to attract filmmakers to Texas, increasing our competitive edge.", "sourceNote": "Source Note: The provisions of this §122.1 adopted to be effective April 6, 2008, 33 TexReg 2683." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=154688&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "154688", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "122", "label": "TEMPORARY USE OF STATE BUILDINGS AND GROUNDS BY TELEVISION OR FILM PRODUCTION COMPANIES" }, "rule": { "number": "§122.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135937", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Actual costs--The costs incurred during production activity that have not already been paid for by the production company prior to the activity.(2) Applicant--The entity coordinating locations for the Production Company, who acts as the representative of the Production Company for the locations.(3) Certificate of liability insurance--The paper record showing that the Production Company has purchased insurance, the amount insured for, and who is insured under the policy. Each Certificate of liability insurance furnished by a Production Company pursuant to this chapter shall reflect the coverage amounts required by the desired location, but such coverage amounts shall in no event be lower than the following (unless waived in writing by the Texas Film Commission in any particular respect): $1 million in Commercial General Liability, including bodily injury and property damage with $1 million of umbrella coverage, $1 million Automobile Liability including bodily injury and property damage, plus Workers' Compensation coverage in accordance with statutory limits and employers' liability with limits of $100,000 bodily injury for each accident, $100,000 bodily injury by disease and $500,000 policy limit covering all personnel who provide services. In the event that the Production Company is self-insured for Workers' Compensation coverage, it can provide written documentation of this fact on its letterhead, signed by an officer. Each policy must include a waiver of subrogation, unless waived in writing by the Texas Film Commission.(4) Commercials--Either an individual commercial, series of commercials, music video, infomercial, interstitial, or still shoot, that is made for the purpose of promoting a product, service, or idea.(5) Desired location--The building or grounds that a production company is applying to use.(6) Episodic television--A project, either narrative or documentary, consisting of a series of installments usually following the same story arc that is intended for distribution via broadcast or digital distribution via cable, satellite, the internet, or mobile electronic device.(7) Film--Either a narrative or documentary project intended for distribution in theaters or by DVD, internet, or mobile electronic device.(8) Filming days--The phase of the project during which the content is recorded.(9) Fiscal year--The period between September 1st and August 31st of the next calendar year.(10) In-state spending--The amount of money spent by a production company in Texas during all stages of the project.(11) Licensing Fee--An amount charged to the Applicant for the use of the state property's likeness and image.(12) Location--A building or ground where production activity will take place.(13) Location fee--An amount charged to the Applicant for each day production activity occurs on the property.(14) Production activity--Any activity the production company engages in while on location, including, but not limited to, preparation, filming, parking, catering, and take down.(15) Production company--The entity producing and creating the project, who is ultimately responsible for all production activity.(16) Production insurance--A financial transaction between a production company and an external company securing all responsibility of damages and accidents while on location to the production company.(17) Request for Use Application--The application that will be completed by the Applicant to ask for the use of a state property for production activity.(18) Security deposit--A monetary amount given to the state property before commencement of production activity at that location which gives the state agency some protection for damage done to the location by the Production Company.(19) State property--All locations owned and operated by the State of Texas for public or private use.(20) Support location--An area of the property that is being used for production activity other than filming that can either be part of the filming location or a stand-alone location.(21) Television project--Either a narrative or documentary project, including, but not limited to episodic series, miniseries, television movie (MOW), television pilot, or television episode, that is intended for distribution via broadcast or digital distribution via cable, satellite, the internet, or mobile electronic device.", "sourceNote": "Source Note: The provisions of this §122.2 adopted to be effective April 6, 2008, 33 TexReg 2683; amended to be effective July 30, 2008, 33 TexReg 5922; amended to be effective January 16, 2012, 37 TexReg 111." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135937&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135937", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "122", "label": "TEMPORARY USE OF STATE BUILDINGS AND GROUNDS BY TELEVISION OR FILM PRODUCTION COMPANIES" }, "rule": { "number": "§122.3", "label": "Eligibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137201&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "137201", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order for a production company to be eligible to conduct production activity on a state property, they must meet the following requirements.(1) must have production insurance in the amount required by the desired location that names the State of Texas as an additionally insured; and(2) must be a film, television, or commercial project for educational, industrial, or commercial purposes.(b) A production company may be eligible to receive some or all of their filming days free from location fees if they meet the following minimum requirements(1) must have production insurance in the amount required by the desired location that names the State of Texas as an additionally insured; and(2) must have a minimum in-state spending of $250,000 for film or television projects, or a minimum in-state spending of $100,000 for commercials.", "sourceNote": "Source Note: The provisions of this §122.3 adopted to be effective April 6, 2008, 33 TexReg 2683." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137201&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "137201", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "122", "label": "TEMPORARY USE OF STATE BUILDINGS AND GROUNDS BY TELEVISION OR FILM PRODUCTION COMPANIES" }, "rule": { "number": "§122.4", "label": "Ineligibility" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135939", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A production company will not be eligible to conduct production activity on a state property if they fall under one of the following conditions.(1) The production company does not have production insurance in the amount required by the desired location that names the State of Texas as an additionally insured; and/or(2) The content of the project is obscene in nature, as defined by Texas Penal Code §43.21.(b) A production company is ineligible to receive a waiver of location fees if they fall under one of the following conditions.(1) The production company does not have production insurance in the amount required by the desired location that names the State of Texas as an additionally insured; and/or(2) The production company does not meet the minimum in-state spending requirements.", "sourceNote": "Source Note: The provisions of this §122.4 adopted to be effective April 6, 2008, 33 TexReg 2683; amended to be effective July 30, 2008, 33 TexReg 5922." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135939&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135939", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "122", "label": "TEMPORARY USE OF STATE BUILDINGS AND GROUNDS BY TELEVISION OR FILM PRODUCTION COMPANIES" }, "rule": { "number": "§122.5", "label": "Application Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135940", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Once a production company has decided to use a state property for production activity, they must complete a Request for Use Application. The Application can be found at the Texas Film Commission Web site http://www.governor.state.tx.us/divisions/film, or by contacting the Texas Film Commission if internet access is not available or special needs facilitation is required.(b) Applications must be received before the commencement of production activity at the desired location, and must include the following:(1) a completed Request for Use Application; and(2) a certificate of liability insurance in the amount required by the desired location that names the State as an additionally insured.(c) An Applicant must fill out an application for each state property they wish to use.", "sourceNote": "Source Note: The provisions of this §122.5 adopted to be effective April 6, 2008, 33 TexReg 2683." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135940&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135940", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "122", "label": "TEMPORARY USE OF STATE BUILDINGS AND GROUNDS BY TELEVISION OR FILM PRODUCTION COMPANIES" }, "rule": { "number": "§122.6", "label": "Approval Process" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "137202", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All applications will be reviewed in the order they are received by the Texas Film Commission.(b) Once a production company submits an application, the Texas Film Commission will email the Applicant notifying them that their application has been received.(c) The Texas Film Commission staff will then review the application to determine if the production company meets the minimum qualifications, and that all the information provided is clear and reasonable. The Staff will contact the Applicant to verify that all the information on the application is correct. At that time, Applicants will have the ability to amend their application. The Texas Film Commission will determine whether an Applicant's amendment(s) may require them to reapply, and/or whether additional documentation from the Production Company is required for the approval process.(d) The Texas Film Commission Staff will notify the state agency governing the Applicant's desired location in writing of the request of use once the application has been reviewed. The state agency and the Texas Film Commission will determine if the request is feasible based on location availability, description of production activity, and location's capabilities.(e) The Texas Film Commission Staff will notify the Applicant in writing of whether or not their request has been approved once the application has been approved by all necessary parties.(f) Once the Applicant has been approved, a contract will be executed between the Applicant and the State of Texas for use of the property.", "sourceNote": "Source Note: The provisions of this §122.6 adopted to be effective April 6, 2008, 33 TexReg 2683." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=137202&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "137202", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "122", "label": "TEMPORARY USE OF STATE BUILDINGS AND GROUNDS BY TELEVISION OR FILM PRODUCTION COMPANIES" }, "rule": { "number": "§122.7", "label": "Applicant's Responsibilities" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135943", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Applicant is responsible for paying location fees.(1) The Texas Film Commission, in conjunction with the Applicant's desired location and the state agency governing that property, will determine the fee to be charged for each day that production activity will occur on the property based on the length of use, loss of business, and impact on the property. The location fee will be stated in the contract between the Applicant and the state property, and is non-negotiable after that point.(2) The Applicant shall deposit the location fees to the credit of the State of Texas, Comptroller of Public Accounts, and is expected to do so on or before the first day of production activity. Failure to follow these rules may result in the immediate disqualification of the Applicant or similar consequences.(b) An Applicant may be required to pay a security deposit to the state agency governing the desired location in the amount determined by the Texas Film Commission and the agency. Failure to follow these rules may result in the immediate disqualification of the Applicant or similar consequences.(c) The Applicant is responsible for paying any actual costs.(1) An Applicant is required to reimburse the state property for actual costs incurred during the use of the location. These costs include, but are not limited to, repairs to the property from damage, trash removal, and excessive electricity and water use.(2) The state agency shall notify the Applicant in writing of any actual costs that the Applicant is responsible for reimbursing. The Applicant must reimburse the cost no later than the 21st day after the date on which the written notification is received.(d) The Applicant may be required to pay a licensing fee to the state agency governing the desired location in the amount determined by the Texas Film Commission and the agency. Failure to follow these rules may result in the immediate disqualification of the Applicant or similar consequences.(e) The Applicant, Production Company and its employees are required to maintain a code of conduct any time they are on location that includes, but is not limited to, the following:(1) no smoking;(2) no alcohol;(3) no illegal drugs;(4) no soliciting;(5) following location-specific dress code; and(6) any other code of conduct required by the specific location.", "sourceNote": "Source Note: The provisions of this §122.7 adopted to be effective April 6, 2008, 33 TexReg 2683; amended to be effective July 30, 2008, 33 TexReg 5922." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135943&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135943", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "122", "label": "TEMPORARY USE OF STATE BUILDINGS AND GROUNDS BY TELEVISION OR FILM PRODUCTION COMPANIES" }, "rule": { "number": "§122.8", "label": "Process During Production Activity" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135944", "queryAsDate": "03/11/2026" }, "ruleBody": "The Texas Film Commission will supervise all production activity on state property by a production company, and will determine, on a case by case basis, the supervisory conditions needed for the particular activity. The Texas Film Commission reserves the right to be on location during production activity, and to request additional documentation from the production company to determine that they used the state property in the manner agreed upon.", "sourceNote": "Source Note: The provisions of this §122.8 adopted to be effective April 6, 2008, 33 TexReg 2683." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135944&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135944", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "122", "label": "TEMPORARY USE OF STATE BUILDINGS AND GROUNDS BY TELEVISION OR FILM PRODUCTION COMPANIES" }, "rule": { "number": "§122.9", "label": "Seven Days of Location Fee Waivers" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135945", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The Texas Film Commission may allow each state property to be used without a location fee charge for seven days during each state fiscal year, and may determine the allocation of those days. The location fee waiver can only be used for filming days, and cannot count for areas of the state property used as a support location.(b) The waiver does not apply to any other fees including, but not limited to, security deposits and actual costs.(c) Projects that are eligible to receive location fee waivers are listed in §122.3 relating to Eligibility.", "sourceNote": "Source Note: The provisions of this §122.9 adopted to be effective April 6, 2008, 33 TexReg 2683." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135945&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135945", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "122", "label": "TEMPORARY USE OF STATE BUILDINGS AND GROUNDS BY TELEVISION OR FILM PRODUCTION COMPANIES" }, "rule": { "number": "§122.10", "label": "Rights of the Location and the Texas Film Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "135946", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) All state properties and the agencies that govern those properties have the right to decline production activity on their property for reasons including, but not limited too, that the use will significantly interfere with the conduct of state business. A state agency can decide to deviate from the processes listed in this chapter after an initial application has been sent to the Texas Film Commission if it is determined to be the best course of action by both the Texas Film Commission and the agency. A property and/or a state agency can also elect for the Texas Film Commission to act as the liaison for the location.(b) The Texas Film Commission reserves the right to take themselves out of the contract and negotiations for use of a state property if it is determined that the request does not fit within the parameters of the rules set forth in this chapter or if it is desired by the state agency. The Texas Film Commission also reserves the right to decline a request of use for any reason.", "sourceNote": "Source Note: The provisions of this §122.10 adopted to be effective April 6, 2008, 33 TexReg 2683." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=135946&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "135946", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "122", "label": "TEMPORARY USE OF STATE BUILDINGS AND GROUNDS BY TELEVISION OR FILM PRODUCTION COMPANIES" }, "rule": { "number": "§122.11", "label": "Disqualifications" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166556&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166556", "queryAsDate": "03/11/2026" }, "ruleBody": "A Production Company may be prohibited from conducting production activity on a state property at any time for the following reasons.(1) Failure to submit required or additional documents;(2) Submission of false information;(3) Failure to pay location fees or security deposit on time;(4) Using the property for pornographic scenes, as defined by Texas Penal Code §43.21;(5) Ineligibile project as listed in §122.4 relating to Ineligibility; and(6) Not following location's code of conduct.", "sourceNote": "Source Note: The provisions of this §122.11 adopted to be effective April 6, 2008, 33 TexReg 2683." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166556&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166556", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "123", "label": "MEDIA PRODUCTION DEVELOPMENT ZONES" }, "rule": { "number": "§123.1", "label": "Short Title, Background, and Purpose" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166557", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Short title. The program contemplated by this chapter may be referred to as the Production Facilities Incentive.(b) Background. The Texas Media Production Development Zone Act offers exemptions to the Limited Sales, Excise, and Use Taxes to qualified persons who build, construct, renovate, improve, or expand a media production facility within the state.(c) Purpose. The Texas Media Production Development Zone Act was enacted to maintain and strengthen the media production industry in Texas in the face of strong competition from other states. Soundstages and other production facilities would be key assets in this effort.", "sourceNote": "Source Note: The provisions of this §123.1 adopted to be effective March 25, 2014, 39 TexReg 2065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166557&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166557", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "123", "label": "MEDIA PRODUCTION DEVELOPMENT ZONES" }, "rule": { "number": "§123.2", "label": "Definitions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166558&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166558", "queryAsDate": "03/11/2026" }, "ruleBody": "The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Words defined in Texas Government Code, Chapter 485A, and not defined in this chapter shall have the meanings provided by Texas Government Code, Chapter 485A.(1) Act--The Media Production Development Zone Act, Texas Government Code, Chapter 485A.(2) Comptroller--The Texas Comptroller of Public Accounts or the designated representative acting on behalf of the Comptroller.(3) MPDZ Exemption--The exemption of certain property from sales, excise, and use taxes pursuant to the Act and Texas Tax Code, §151.3415.(4) Metropolitan Statistical Area--An area of the state described on the State Metropolitan Statistical Area Reference Table, as maintained by the Texas State Data Center, University of Texas at San Antonio.(5) Nominating Body--The governing body of a municipality or county, as defined in the Act.(6) Requestor--The title holder of real property, or the leaseholder in a written, non-residential, real property lease with at least four years remaining in the current lease term, on or in which a media production location is proposed.(7) Region--For the purposes of §485A.103(d) of the Act, a grouping of counties described on the Comptroller Economic Region table, as maintained by the Texas State Data Center, University of Texas at San Antonio.", "sourceNote": "Source Note: The provisions of this §123.2 adopted to be effective March 25, 2014, 39 TexReg 2065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166558&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166558", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "123", "label": "MEDIA PRODUCTION DEVELOPMENT ZONES" }, "rule": { "number": "§123.3", "label": "Request for MPDZ Exemption" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166559&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166559", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Requestor who desires a MPDZ Exemption shall submit a written request to the Nominating Body having jurisdiction over the proposed media production location.(b) A completed request shall include:(1) a current Request for Exemption form from the Texas Film Commission (TFC) website, filled out completely and signed by an authorized representative of Requestor;(2) a specific and detailed description of the project;(3) a site plan for the proposed media production location;(4) a floor plan for the proposed media production facility;(5) an itemized budget for the project;(6) a schedule of media production equipment (as opposed to physical plant equipment and fixtures) to be bought, rented, or leased for use specifically and exclusively in the proposed media production facility;(7) an economic impact analysis, in the form specified in §123.7 of this chapter;(8) a financial statement and background information on Requestor;(9) such other written documents on which Requestor relies to qualify for and obtain a MPDZ Exemption; and(10) such other written documents containing information reasonably requested by the Nominating Body, the TFC, or the Comptroller which shall be provided within 20 days of the date of the request. The TFC may, for good cause, allow additional time to comply with a request.(c) The request contents shall be provided in the following formats:(1) one original hard copy of the complete request in a three ring binder with tabs separating each section of the documents submitted; and(2) one electronically digitized copy formatted in searchable portable document format (PDF) or other format acceptable to the office.(d) The request shall be submitted in any manner acceptable to the Nominating Body.", "sourceNote": "Source Note: The provisions of this §123.3 adopted to be effective March 25, 2014, 39 TexReg 2065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166559&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166559", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "123", "label": "MEDIA PRODUCTION DEVELOPMENT ZONES" }, "rule": { "number": "§123.4", "label": "Request Review by Nominating Body" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166560", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Within 7 days of receipt of a request for MPDZ Exemption, the Nominating Body shall deliver to the Texas Film Commission (TFC) a digitized copy of the request.(b) If the Nominating Body determines that the Requestor has submitted a complete request and, by official action, decides to consider that request, the Nominating Body shall provide written notice to the Requestor and to the TFC that includes:(1) a statement that the Nominating Body has received and will be considering a completed request; and(2) the date on which the request was received.(c) In reviewing a request, the Nominating Body shall consider:(1) whether the proposed media production location meets the requirements of the Act;(2) whether the Requestor has the ability and financial wherewithal to successfully complete the building, constructing, renovating, or expanding of the proposed media production facility within 18 months from certification as a qualified person under §123.6(f)(1) of this chapter; and(3) whether the proposed financial incentives are in the best interest of the Nominating Body and this state.(d) Within 90 days of deciding to consider a completed request, the Nominating Body shall either:(1) adopt a written ordinance or order nominating the proposed media production location which shall include:(A) written findings as to each criterion listed in §485A.102 of the Act;(B) written information as listed in §485A.105 of the Act;(C) a determination that granting the MPDZ Exemption is in the best interest of the Nominating Body and this state; and(D) designate and direct a representative of the Nominating Body to execute an Application for Exemption pursuant to §485A.106 of the Act and submit same to the TFC;(2) deny the request; or(3) take no official action and the request shall be considered denied on the 91st day after the request consideration start date.(e) A Nominating Body may, for good cause and upon written notice to the Requestor with a copy to the TFC, take more than 90 days to consider a request under subsection (d) of this section.(f) If not previously recognized, the Nominating Body at the same time shall also adopt a written ordinance or order recognizing the media production development zone in which a location nominated under subsection (d)(1) of this section is located. This ordinance or order shall include:(1) a precise description of the zone by a legal description or reference to municipal or county boundaries;(2) written findings as to each criterion listed in §485A.101 of the Act; and(3) a determination that recognizing the zone is in the best interest of the Nominating Body and the state.", "sourceNote": "Source Note: The provisions of this §123.4 adopted to be effective March 25, 2014, 39 TexReg 2065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166560&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166560", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "123", "label": "MEDIA PRODUCTION DEVELOPMENT ZONES" }, "rule": { "number": "§123.5", "label": "Application for MPDZ Exemption" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166551&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166551", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) A Nominating Body that has recognized a zone, nominated a location, and certified a person for the purposes of a MPDZ Exemption shall submit a written application to the Texas Film Commission (TFC).(b) A completed application shall include:(1) the current Application for Exemption form from the TFC website, filled out completely and signed by an authorized representative of the Nominating Body, with all specified attachments; and(2) such other written documents containing information reasonably requested by the TFC or the Comptroller which shall be provided within 20 days of the date of the request. The TFC or Comptroller may, for good cause, allow additional time to comply with a request.(c) The application contents shall be provided in the following formats:(1) one original hard copy of the complete application in a three ring binder with tabs separating each section of the documents submitted; and(2) one electronically digitized copy formatted in searchable portable document format (PDF) or other format acceptable to the TFC.(d) The application shall be submitted in any manner acceptable to the TFC.", "sourceNote": "Source Note: The provisions of this §123.5 adopted to be effective March 25, 2014, 39 TexReg 2065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166551&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166551", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "123", "label": "MEDIA PRODUCTION DEVELOPMENT ZONES" }, "rule": { "number": "§123.6", "label": "Application Review" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166552&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166552", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Upon receipt of an Application for MPDZ Exemption from a Nominating Body, the Texas Film Commission (TFC) shall review the application to determine:(1) whether the application is complete in accordance with §485A.106 of the Act and with the provisions of this chapter;(2) whether the nominated location qualifies for designation as a media production location; and(3) if not previously reviewed, whether the recognized zone qualifies for approval as a media production development zone.(b) The TFC shall provide to the Nominating Body written notice that either:(1) the application is complete and is being considered; or(2) the application is incomplete and is being returned to the Nominating Body for remediation.(c) Upon acceptance of an application for consideration, the TFC shall deliver to the Comptroller's office:(1) a digitized copy of the Requestor's request;(2) a digitized copy of Nominating Body's application; and(3) a request for certification as to whether the proposed project will have a positive impact on state revenue.(d) Within 30 days of receipt of the items in subsection (c) of this section, the Comptroller's office shall provide in writing to the TFC certification as to whether the proposed project will have a positive impact on state revenue. Should the Comptroller's office request additional information from the Requestor or the Nominating Body, the time it takes a party to provide the additional information shall not count toward the 30 days.(e) Upon receipt of certification of positive state revenue impact from the Comptroller's office, the TFC shall call a meeting of the Media Production Advisory Committee to, as soon as practicable:(1) review the Requestor's request, the Nominating Body's application and the Comptroller's certification; and(2) provide a written recommendation to the TFC with respect to the pending application.(f) If the TFC approves an application, it shall provide to the Requestor, with a copy to the Nominating Body, a letter indicating:(1) certification of the Requestor as a qualified person;(2) approval granting the MPDZ Exemption to the qualified person; and(3) the expiration date for such exemption.(g) If the TFC approves an application, it shall, as needed, simultaneously approve the project's recognized zone as a media production development zone, and designate the project's nominated location as a qualified media program location. It shall communicate these actions in writing to the Nominating Body and the Requestor.(h) If the TFC denies an application, it shall provide written notification to the Nominating Body and the Requestor.", "sourceNote": "Source Note: The provisions of this §123.6 adopted to be effective March 25, 2014, 39 TexReg 2065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166552&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166552", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "123", "label": "MEDIA PRODUCTION DEVELOPMENT ZONES" }, "rule": { "number": "§123.7", "label": "Economic Impact Analysis" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166553", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) The economic impact analysis shall be conducted at the Requestor's sole expense by an independent economic expert; that is, a person with specialized knowledge, skill, experience, training, or education in the subjects of economics and state and local taxation.(b) The economic impact analysis shall be presented in the format promulgated by the Comptroller's office and must include:(1) an estimate of the amount of revenue to be generated to the state by the project or activity;(2) an estimate of any secondary economic benefits to be generated by the project or activity;(3) an estimate of the amount of state taxes to be exempted, as provided by Texas Tax Code, §151.3415; and(4) any other information required by the Comptroller for purposes of making the certification required by §485A.109(b) of the Act.", "sourceNote": "Source Note: The provisions of this §123.7 adopted to be effective March 25, 2014, 39 TexReg 2065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166553&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166553", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "123", "label": "MEDIA PRODUCTION DEVELOPMENT ZONES" }, "rule": { "number": "§123.8", "label": "Reports by Texas Film Commission" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166554", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) In order to fulfill its statutory obligation under the Act, the Texas Film Commission (TFC) may request information from any qualified person, Nominating Body, appraisal district, or any other relevant source.(b) The entities receiving a request from the TFC under this section shall provide the information requested in the form and in the manner designated by the TFC.", "sourceNote": "Source Note: The provisions of this §123.8 adopted to be effective March 25, 2014, 39 TexReg 2065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166554&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166554", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "123", "label": "MEDIA PRODUCTION DEVELOPMENT ZONES" }, "rule": { "number": "§123.9", "label": "Media Production Advisory Committee" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166555&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "166555", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Purpose. Created pursuant to §485A.107 of the Act, the Media Production Advisory Committee (MPAC) reviews applications submitted to the Texas Film Commission (TFC) under the Act. The advice and recommendations expressed by the MPAC provide the TFC and the Comptroller's office with a broader perspective regarding media production matters that will be considered in determining whether to approve an application. (b) Tasks. The MPAC shall: (1) review each application for designation of qualified media production locations eligible to be certified under the Act, and make a recommendation to the TFC with respect to those applications; and (2) perform other duties as determined by the TFC. (c) Reporting requirements. The MPAC will report to the TFC by way of consultation at called meetings; no formal reports, other than the committee's written recommendation on an application, are required unless requested by the director of the TFC. (d) Independence. Each MPAC member shall in fact and in appearance be independent of any media production location, facility, or qualified person who has been nominated, recognized, qualified, or certified under the provisions of the Act and this chapter. (1) A MPAC member lacks independence prima facie if such member, or any member of his or her immediate family, with regard to any media production location, facility, qualified person, or Requestor: (A) has any direct or material indirect financial interest; or (B) is employed by or affiliated with as a director, officer, manager, or consultant. (2) If an MPAC member lacks independence, that member must be recused from any meeting about such location, facility, qualified person, or Requestor and may not hear, discuss, deliberate on, or vote on the determination of the recommendation thereon.", "sourceNote": "Source Note: The provisions of this §123.9 adopted to be effective March 25, 2014, 39 TexReg 2065." }, { "currentUrl": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=166555&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "currentRecordId": "166555", "currentQueryAsDate": "03/11/2026", "title": { "number": "13", "label": "CULTURAL RESOURCES" }, "part": { "number": "8", "label": "TEXAS FILM COMMISSION" }, "chapter": { "number": "123", "label": "MEDIA PRODUCTION DEVELOPMENT ZONES" }, "rule": { "number": "§123.10", "label": "Miscellaneous Provisions" }, "nextRule": { "href": "https://texas-sos.appianportalsgov.com/rules-and-meetings?recordId=185153&queryAsDate=03%2F11%2F2026&interface=VIEW_TAC_SUMMARY&$locale=en_US", "recordId": "185153", "queryAsDate": "03/11/2026" }, "ruleBody": "(a) Not every application will qualify for a MPDZ Exemption. The Texas Film Commission (TFC) is not required to act on or approve any application. All decisions by the TFC are final and not subject to review.(b) If the Comptroller receives written notice from the Nominating Body or the TFC that a qualified person was not entitled to a MPDZ Exemption or was entitled to a lesser amount than an approved application received, the Comptroller shall investigate that determination and provide a written response to the Nominating Body that concludes either that the approved application may have or may not have received unauthorized tax exemptions. If the Nominating Body and the Comptroller agree that an approved application may not have been entitled to a tax exemption, they shall promptly notify the qualified person, the appropriate taxing authorities, and the TFC.(c) The TFC division of the Office of the Governor is a state agency and must comply with the Texas Public Information Act (PIA). In the event that a public information request related to the Requestor and/or an application is submitted to the agency, the Office of the Governor will promptly notify the Requestor of the request if current contact information is available, take all appropriate actions with the Attorney General of Texas to prevent release of confidential information, including asserting exemptions under the PIA, and provide the Requestor with full information and opportunity to participate in such process if current contact information is available.", "sourceNote": "Source Note: The provisions of this §123.10 adopted to be effective March 25, 2014, 39 TexReg 2065." } ] }