PART 2. TEXAS HISTORICAL COMMISSION
CHAPTER 13. TEXAS HISTORIC PRESERVATION TAX CREDIT PROGRAM
The Texas Historical Commission (Commission) adopts amendments to 13 TAC §§13.3 - 13.6, concerning the State Franchise Tax Credit for Certified Rehabilitation of Certified Historic Structures. The rules are adopted without changes to the proposed text as published in the February 19, 2021, issue of the Texas Register (46 TexReg 1150). The rules will not be republished.
The amendments collectively support the future implementation of an electronic application submission system for the applications required by the Commission as part of the tax credit program.
Sections 13.3 - 13.5 describe the information and submission requirements for each of the three parts of the tax credit application required by the Commission for review of proposed and completed projects. §§13.3(b)(4), 13.4(b)(3), and 13.5(b)(4) specifically require printed, hard copy photographs. The amendments remove these requirements and directs applicants to consult program guidance published by the Commission on its website for current submission requirements. Commission guidance materials will be revised to support an electronic submission system once one has been established. The Commission will prioritize open access through acceptance of standard format materials in the electronic submission system.
Section 13.3 outlines the requirements for the Part A - Evaluation of Significance application. Part A requires information and documentation to confirm that a subject property has an existing historic designation or is eligible for a historic designation that would qualify the property to participate in the tax credit program. §13.3(b)(4) requires photographic documentation of current building conditions be submitted in printed formats. The amendment requires photographic documentation to be submitted in conformity with the Commission's guidance materials as published on its website.
Section 13.4 outlines the requirements for the Part B - Evaluation of Significance application. Part B requires information and documentation to allow Commission staff to assess proposed architectural work. §13.4(b)(3) requires photographic documentation of proposed projects be submitted in printed formats. The amendment requires photographic documentation to be submitted in conformity with the Commission's guidance materials as published on its website.
Section 13.5 outlines the requirements for the Part C - Request for Certification of Completed Work application. Part C requires documentation to allow Commission staff to assess and certify completed architectural projects. §13.5(b)(4) requires photographic documentation of completed projects be submitted in printed formats. The amendment requires photographic documentation to be submitted in conformity with the Commission's guidance materials as published on its website.
Section 13.6 describes the process by which Commission staff review submitted applications. §13.6(b) requires submission of applications in a hard copy format and disallows submission via electronic mail. The amendment removes these specific constraints from the Administrative Code and instead directs applicants to follow published program guidance on the Commission's website.
No comments pertaining to these rule revisions were received during the thirty-day period following publication on February 19, 2021, in the Texas Register.
These amendments are adopted under the authority of Texas Government Code §442.005(q), which provides the Commission with the authority to promulgate rules to reasonably effect the purposes of the Commission, including the Commission's oversight authority regarding the Texas Historic Preservation Tax Credit Program and under Texas Government Code §171.909 which authorizes the Commission to adopt rules necessary to implement the Tax Credit for Certified Rehabilitation of Certified Historic Structures under the Texas Franchise Tax. The Commission interprets this authority as allowing for the revision of application procedures and formats.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 6, 2021.
TRD-202101784
Mark Wolfe
Executive Director
Texas Historical Commission
Effective date: May 26, 2021
Proposal publication date: February 19, 2021
For further information, please call: (512) 463-6218
SUBCHAPTER A. INTRODUCTION
The Texas Historical Commission (Commission) adopts amendments to the Texas Administrative Code, Title 13, Part 2, Chapter 21, Subchapter A, §21.3, related to historical marker and monument definitions. The amendments are adopted without changes to the proposed text as published in the February 19, 2021, issue of the Texas Register (46 TexReg 1156). The rule will not be republished.
The amendments to §21.3 provide additional new and revised definitions of terms in Chapter 21. These revised definitions identify and define the categories of Commission historical designations so the public may understand how Commission rules apply to the defined terms.
No comments were received regarding the proposed amendments.
These amendments are adopted under the authority of Texas Government Code §442.005(q), which provides the Commission with the authority to promulgate rules to reasonably affect the purposes of the Commission and Texas Government Code §442.006(h), which requires the Commission to adopt rules for the historical marker program.
No other statutes, articles, or codes are affected by these amendments.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 6, 2021.
TRD-202101785
Mark Wolfe
Executive Director
Texas Historical Commission
Effective date: May 26, 2021
Proposal publication date: February 19, 2021
For further information, please call: (512) 463-5854
The Texas Historical Commission (Commission) adopts amendments to the Texas Administrative Code, Title 13, Part 2, Chapter 21, Subchapter B, §21.7, related to historical marker applications. The amendments are adopted without changes to the proposed text as published in the February 19, 2021, issue of the Texas Register (46 TexReg 1157). The rule will not be republished. No comments were received regarding the proposed amendments.
The amendments to §21.7 clarify the type of Official Texas Historical Marker that may be awarded to a Historic Texas Cemetery by stating that medallions and plaques may also be awarded as part of the marker approval process.
These amendments are adopted under the authority of Texas Government Code §442.005(q), which provides the Commission with the authority to promulgate rules to reasonably affect the purposes of the Commission and Texas Government Code §442.006(h), which requires the Commission to adopt rules for the historical marker program.
No other statutes, articles, or codes are affected by these amendments.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 6, 2021.
TRD-202101786
Mark Wolfe
Executive Director
Texas Historical Commission
Effective date: May 26, 2021
Proposal publication date: February 19, 2021
For further information, please call: (512) 463-5854
The Texas Historical Commission (Commission) adopts amendments to the Texas Administrative Code, Title 13, Part 2, Chapter 21, Subchapter B, §21.12, related to marker text requests. The amendments are adopted without changes to the proposed text, as published in the February 19, 2021, issue of the Texas Register (46 TexReg 1159). The rule will not be republished.
The amendments to §21.12 clarify the rules by using more appropriate terminology and moves decision-making regarding marker text requests from staff to Texas Historical Commission commissioners. In making these changes, the amendments serve a broader purpose of ensuring the accuracy of marker text.
The Commission received two comments regarding existing language in §21.12 from two commenters. However, neither comment referred to the new proposed language as published on February 19, 2021 so it is unclear whether the commenters favor or oppose adoption of the amendments. Both comments related to the role of the State Historian, and both incorrectly identified a historian at the Texas State Historical Association as being in that position. Both comments suggested that a panel of three historians is not adequate to review marker challenges. THC believes that a panel of that size continues to be adequate.
One commenter suggested that not all three historians should be from the same university. THC believes that the requirements for appointment to that committee will make it extremely unlikely that all three would be from the same institution. Finally, another commenter suggested that all meetings of that panel be posted for public attendance. The recommendations of the panel will go to THC staff, not to the commission itself, and they are not acting in the role of an advisory committee under state law, so will not be publicly posted. However, appeals from staff decisions will go to the History Programs Committee, and all meetings of that committee are posted meetings open to public attendance. No changes were made based on these comments.
These amendments are adopted under the authority of Texas Government Code §442.005(q), which provides the Commission with the authority to promulgate rules to reasonably affect the purposes of the Commission and Texas Government Code §442.006(h), which requires the Commission to adopt rules for the historical marker program.
No other statutes, articles, or codes are affected by these amendments.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 6, 2021.
TRD-202101787
Mark Wolfe
Executive Director
Texas Historical Commission
Effective date: May 26, 2021
Proposal publication date: February 19, 2021
For further information, please call: (512) 463-5854
The Texas Historical Commission (Commission) adopts new rule, §21.13 of the Texas Administrative Code, Title 13, Part 2, Chapter 21, Subchapter B, related to removal of historical markers and monuments, without changes to the proposed text as published in the February 19, 2021, issue of the Texas Register (46 TexReg 1160). The rule will not be republished.
The new rule, §21.13, provides a process for individuals, groups, and County Historical Commissions (CHCs) to request removal of Official Texas Historical Markers and monuments. The Commission determined that this rule was necessary because no process for removal previously existed. This rule now allows for removal under the Commission's oversight.
The Commission received one comment opposed to new §21.13 from a commenter. This comment suggested that allowing markers to be removed would make it unlikely that any new markers will be installed. The purpose of the new rule is to provide a uniform process for removal subject to the Commission's oversight authority. Several people have requested removal for current markers, but the Commission does not have a process established to consider removal. Even so, the Commission does not anticipate that the adoption of this rule will generate many requests for removal nor should it affect applications for new markers. To this point, the Commission has received very few requests to remove markers. No changes were made based on this comment.
These amendments are adopted under the authority of Texas Government Code §442.005(q), which provides the Commission with the authority to promulgate rules to reasonably affect the purposes of the Commission and Texas Government Code §442.006(h), which requires the Commission to adopt rules for the historical marker program.
No other statutes, articles, or codes are affected by these amendments.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 6, 2021.
TRD-202101788
Mark Wolfe
Executive Director
Texas Historical Commission
Effective date: May 26, 2021
Proposal publication date: February 19, 2021
For further information, please call: (512) 463-5854
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Historical Commission (Commission) adopts amendments to §26.3, relating to Practice and Procedure, in Title 13, Part 2, Chapter 26 of the Texas Administrative Code. The rule is adopted without changes to the proposed text as published in the February 26, 2021, issue of the Texas Register (46 TexReg 1319). The rule will not be republished.
Section 26.3 clarifies the interpretation of terms and phrases used in the Antiquities Code of Texas but not defined therein.
The definition §26.3(41) distinguishes between "Landmarks," defined under this Chapter as State Antiquities Landmarks, and aluminum "Markers" erected in cooperation with the Texas Historical Commission under Chapter 21, Subchapter B. Since markers are not considered to be structures, work on markers will not be issued Historic Buildings and Structures Antiquities Permits under this definition.
The revision to §26.3(43) fully elaborates upon the physical characteristics of "Monuments" while retaining the existing rule's focus on structures commemorating an event, person, or place. The revision clarifies that monuments may include landscape elements, as well as built or installed features. The previous reference to the Capitol grounds has been omitted to reflect the commission's absence of authority over this location under these rules.
No comments pertaining to these rule revisions were received during the thirty-day period following publication in the Texas Register on February 26, 2021.
The amendments are adopted under the authority of Government Code §442.005(q), which provides the Commission with the authority to promulgate rules to reasonably effect the purposes of the Commission, including the Commission's oversight authority regarding the Antiquities Code of Texas in Texas Government Code §442.005(b). The Commission interprets this authority as allowing for the establishment of definitions related to historic buildings and structures designated as State Antiquities Landmarks.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 6, 2021.
TRD-202101790
Mark Wolfe
Executive Director
Texas Historical Commission
Effective date: May 26, 2021
Proposal publication date: February 26, 2021
For further information, please call: (512) 463-6218
The Texas Historical Commission (Commission) adopts amendments to §26.22, relating to Practice and Procedure, Title 13, Part 2, Chapter 26 of the Texas Administrative Code. The rule is adopted without changes to the proposed text as published in the February 26, 2021, issue of the Texas Register (46 TexReg 1323). The rule will not be republished.
Section 26.22 provides Antiquities permit categories under which all work done on historic buildings or structures and their sites will be reviewed under Chapter 26.
To clarify the application of Historic Buildings and Structures Antiquities Permits, the provisions clarify that monuments may be permitted under the Antiquities Code (§26.22(10)) while markers must comply with Chapter 21 as they are not considered to be structures (§26.22(11)).
No comments pertaining to these rule revisions were received during the thirty-day period following publication on February 26, 2021, in the Texas Register.
The amendments are adopted under the authority of Government Code §442.005(q), which provides the Commission with the authority to promulgate rules to reasonably effect the purposes of the Commission, including the Commission's oversight authority regarding the Antiquities Code of Texas in Texas Government Code §442.005(b). The Commission interprets this authority as allowing for the establishment of definitions related to historic buildings and structures designated as State Antiquities Landmarks.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 6, 2021.
TRD-202101789
Mark Wolfe
Executive Director
Texas Historical Commission
Effective date: May 26, 2021
Proposal publication date: February 26, 2021
For further information, please call: (512) 463-6218