TITLE 13. CULTURAL RESOURCES
PART 2. TEXAS HISTORICAL COMMISSION
CHAPTER 11. ADMINISTRATION DEPARTMENT
SUBCHAPTER
C.
The Texas Historical Commission (THC) adopts new Subchapter C of Chapter 11, including §§11.61 - 11.67, related to Affiliated Nonprofit Organizations and the Friends of the THC, as authorized in Texas Government Code §§ 442.005(q), and 442.043, as enacted in H.B. 4187, 89th Legislature, Regular Session. Sections 11.61, 11.62 and 11.64 - 11.67 are adopted without changes to the text as published in the October 3, 2025, issue of the Texas Register (50 TexReg 6394) and will not be republished. Section 11.63 is adopted with changes and will be republished.
THC received no public comments on the rules as published.
These rules are adopted under in Texas Government Code §§ 442.005(q), which authorizes the Commission to adopt rules for the effective administration of Chapter 442, Texas Government Code, and 442.043, as enacted in H.B. 4187, 89th Legislature, Regular Session, which requires the Commission to adopt rules and guidelines for affiliated nonprofit organizations, including the Friends of the Texas Historical Commission.
No other statutes, articles, or codes are affected by these rules.
§11.63.
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.
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 November 14, 2025.
TRD-202504157
Joseph Bell
Executive Director
Texas Historical Commission
Effective date: December 4, 2025
Proposal publication date: October 3, 2025
For further information, please call: (512) 463-6100