TITLE 13. CULTURAL RESOURCES

PART 2. TEXAS HISTORICAL COMMISSION

CHAPTER 26. PRACTICE AND PROCEDURE

SUBCHAPTER B. IDENTIFICATION AND DESIGNATION OF LANDMARKS

13 TAC §26.8, §26.9

The Texas Historical Commission (Commission) adopts amendments to §26.8, concerning the application process for designations for publicly-owned landmarks under the Texas Antiquities Code, and to §26.9, concerning the application process for designations for privately-owned landmarks without changes as proposed in the May 19, 2017, issue of the Texas Register (42 TexReg 2617). These amendments clarify the processes for casting of medallions for publicly- and privately-owned landmarks.

The Antiquities Code allows third-party nominators to submit an application for nomination for publicly-owned landmarks. In addition to the designation, nominators may also request a medallion, or marker, for the site. The adopted amendment to §26.8 clarifies the requirements for the casting of a medallion for publicly-owned landmarks.

The Texas Antiquities Code also allows a site on private land to be designated as a landmark with the written consent of the landowner. If a site on private land is designated as a landmark, the Texas Natural Resources Code §191.096 requires a medallion designating the landmark to be placed at the site. This amendment to §26.9 clarifies the process for the casting of a medallion for privately-owned landmarks.

Mark Wolfe, Executive Director, has determined that for the first five-year period the amended rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering these rules.

Mr. Wolfe has also determined that for the first five-year period the amended rule is in effect, the public benefit will be the preservation of and education about state historic resources.

Mr. Wolfe has also determined that there will be no impact on small or micro-businesses as a result of implementing these rules.

These amendments are adopted under the authority of Texas Government Code §442.005(b), which designates the Commission as the agency responsible for the administration of the Antiquities Code of Texas; Texas Government Code §442.005(q), which provides the Commission with the authority to promulgate rules to reasonably affect the purposes of the Commission; Texas Government Code §442.0051, which allows the Commission, by rule, to establish reasonable fees for commission purposes; Texas Natural Resources Code §191.092, which requires the Commission to adopt rules to establish the criteria for designation for publicly-owned landmarks; and Texas Natural Resources Code §191.096, which requires any site on private land which is designated a landmark to be marked as a landmark.

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 August 2, 2017.

TRD-201702901

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: August 22, 2017

Proposal publication date: May 19, 2017

For further information, please call: (512) 463-6100