TITLE 13. CULTURAL RESOURCES

PART 2. TEXAS HISTORICAL COMMISSION

CHAPTER 11. ADMINISTRATION DEPARTMENT

SUBCHAPTER A. ADMINISTRATION

13 TAC §11.2

The Texas Historical Commission (hereafter referred to as the "Commission") adopts amendments to §11.2 of Title 13, Part 2, Chapter 11 of the Texas Administrative Code related to the administration department. The amendments are adopted without changes to the proposed text as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4043).

The adoption of the amendments is needed as part of the Commission's overall effort to clarify language in order to implement necessary updates, additions and changes to more precisely reflect the procedures of the administrative department.

No comments were received regarding adoption of the amendments.

The amendments are adopted under §442.005(q), of the Texas Government Code which provides the Commission with the authority to promulgate rules and conditions to reasonably affect the purposes of those chapters.

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 December 13, 2017.

TRD-201705113

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: January 2, 2018

Proposal publication date: August 18, 2017

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


13 TAC §11.5

The Texas Historical Commission (hereafter referred to as the "Commission") adopts amendments to §11.5 of Title 13, Part 2, Chapter 11 of the Texas Administrative Code related to the administration department. The amendments are adopted without changes to the proposed text as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4043).

The adoption of the amendments is needed as part of the Commission's overall effort to clarify language in order to implement necessary updates, additions and changes to more precisely reflect the procedures of the administrative department.

No comments were received regarding adoption of the amendments.

The amendments are adopted under §442.005(q), of the Texas Government Code which provides the Commission with the authority to promulgate rules and conditions to reasonably affect the purposes of those chapters.

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 December 13, 2017.

TRD-201705114

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: January 2, 2018

Proposal publication date: August 18, 2017

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


CHAPTER 12. TEXAS HISTORIC COURTHOUSE PRESERVATION PROGRAM

13 TAC §12.5

The Texas Historical Commission (hereinafter referred to as the "Commission") adopts amendments to Title 13, Part 2, Chapter 12, §12.5 of the Texas Administrative Code related to the Texas Historic Courthouse Preservation Program. The amendments are adopted without changes to the proposed text, as published in the August 18, 2017, issue of the Texas Register (42 Tex Reg 4044).

The adoption of these amendments by the commission is needed to provide additional definitions and to clarify the text in §12.5.

No comments were received regarding adoption of the amendment.

These amendments are adopted under the authority of Texas Government Code §442.005(q), which provides the Texas Historical Commission with the authority to promulgate rules to reasonably affect the purposes of those chapters, and under Texas Government Code §442.0081(h), which provides the Texas Historical Commission with the authority to adopt rules to implement the historic courthouse preservation and maintenance programs.

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 December 13, 2017.

TRD-201705115

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: January 2, 2018

Proposal publication date: August 18, 2017

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


13 TAC §12.9

The Texas Historical Commission (hereinafter referred to as the "Commission") adopts amendments to Title 13, Part 2, Chapter 12, §12.9 of the Texas Administrative Code related to the Texas Historic Courthouse Preservation Program. The amendment is adopted without changes to the proposed text, as published in the August 18, 2017, issue of the Texas Register (42 Tex Reg 4044).

The adoption of these amendments by the commission is needed to provide additional definitions and to clarify the text in §12.9.

No comments were received regarding adoption of the amendment.

These amendments are adopted under the authority of Texas Government Code §442.005(q), which provides the Texas Historical Commission with the authority to promulgate rules to reasonably affect the purposes of those chapters, and under Texas Government Code §442.0081(h), which provides the Texas Historical Commission with the authority to adopt rules to implement the historic courthouse preservation and maintenance programs.

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 December 13, 2017.

TRD-201705116

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: January 2, 2018

Proposal publication date: August 18, 2017

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


CHAPTER 13. TEXAS HISTORIC PRESERVATION TAX CREDIT PROGRAM

13 TAC §13.1

The Texas Historical Commission (hereafter referred to as the Commission) adopts amendments to §13.1 (relating to the State Franchise Tax Credits) of Title 13, Part 2, Chapter 13 of the Texas Administrative Code. These changes address the eligibility of credits earned against the state insurance premium tax and the addition of public institutions of higher education as eligible recipients under certain circumstances. The amendments are adopted with changes to the proposed text as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4047).

The first amendment expands the rehabilitation franchise tax credit to include insurance premium tax. This provision implements Senate Bill 550 introduced by Senator Campbell in the 85th Legislative Session and passed into law. The amendment reflects changes to Texas Tax Code, §171.908 with the addition of subsection (e) to allow the credit to be claimed against the state premium tax by an entity that is subject to that tax under Chapters 221, 222, 223, or 224 of the Texas Insurance Code.

The second amendment includes a provision that specifies that an institution of higher education or university system as per §171.901(4) of the Texas Tax Code are not subject to the depreciation and tax-exempt use provisions as defined by §47(c)(2) of the Internal Revenue Code. This provision implements House Bill 1003 introduced by Representative Capriglione in the 85th Legislative session and passed into law. The change applies to eligible costs and expenses incurred on or after the effective date of the act, June 14, 2017 until the amendment expires on January 1, 2022.

A third amendment addresses applications received retroactively for projects placed in service before the effective date of the program.

No Comments were received regarding adoption of the amendment.

The amendment of these rules is adopted under §442.005(q) the Texas Government Code which provides the Commission with the authority to promulgate rules for the effective administration of the Commission's programs, and Texas Tax Code §171.909, which authorizes the Commission and the Comptroller to adopt rules necessary to implement the Tax Credit for Certified Rehabilitation of Certified Historic Structures Program.

The amendments implement Texas Tax Code, §171.909.

No other statutes, articles or codes are affected by these amendments.

§13.1Definitions

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:

Figure: 13 TAC §13.1(3) (No change.)

(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 rehabilitations 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(63) - (64) of this title; 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 C.F.R §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. For the purpose of notification or filing of any applications or correspondence, delivery shall be made via postal mail to: Texas Historic Preservation Tax Credit Program, Texas Historical Commission, P.O. Box 12276, Austin, Texas 78711-2276; or by overnight delivery at: Texas Historic Preservation Tax Credit Program, Texas Historical Commission, 1700 North Congress Avenue, Suite B-65, Austin, Texas 78701.

(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 Sates Department of the Interior at 36 C.F.R. Part 60 and applicable national Register bulletins.

(13) Credit--The tax credit for the certified rehabilitation of certified historic structures available pursuant to Chapter 171, Subchapter S 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 C.F.R. §1.48-12(c), incurred during the project. The depreciation and tax-exempt use provisions of §47(c)(2) do not apply to the costs and expenses incurred by an entity exempt from the tax imposed by §171.063 of the Tax Code or by authorized investment of public funds, governed by Chapter 2256 by an institution of higher education or university system as defined by §61.003, Education Code if the other provisions of §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 C.F.R. §1.48-12; and 36 C.F.R. Part 67.

(17) 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.

(18) 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. 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.

(19) 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 C.F.R. §1.48-12(b)(2)(v). Each phase of a phased development can independently support an Application for a credit as thought it was a stand-alone rehabilitation. 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.

(20) Placed in Service--A status obtained upon completion of the rehabilitation project when the building is ready to be reoccupied and any permits and licenses needed to occupy the building have been issued. 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.

(21) Property--A parcel of real property containing one or more buildings or structures that is the subject of an application for a credit.

(22) 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.

(23) 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.

(24) Standards for Rehabilitation--The United States Secretary of the Interior's Standards for Rehabilitation as defined in §67.7.

(25) Structure--A building; see also certified historic structure.

(26) Tax Credit--A credit earned against either the state franchise tax or the insurance premium tax per §171 of the Texas Tax Code and any limitations provided therein.

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 December 13, 2017.

TRD-201705117

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: January 2, 2018

Proposal publication date: August 18, 2017

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


13 TAC §13.2

The Texas Historical Commission (hereafter referred to as the Commission) adopts amendments to §13.2 (relating to the State Franchise Tax Credits) of Title 13, Part 2, Chapter 13 of the Texas Administrative Code. These changes address the eligibility of credits earned against the state insurance premium tax and the addition of public institutions of higher education as eligible recipients under certain circumstances. The amendments are adopted without changes to the proposed text as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4047).

The first amendment expands the rehabilitation franchise tax credit to include insurance premium tax. This provision implements Senate Bill 550 introduced by Senator Campbell in the 85th Legislative Session and passed into law. The amendment reflects changes to Texas Tax Code, §171.908 with the addition of subsection (e) to allow the credit to be claimed against the state premium tax by an entity that is subject to that tax under Chapters 221, 222, 223, or 224 of the Texas Insurance Code.

The second amendment includes a provision that specifies that an institution of higher education or university system as per §171.901(4) of the Texas Tax Code are not subject to the depreciation and tax-exempt use provisions as defined by §47(c)(2) of the Internal Revenue Code. This provision implements House Bill 1003 introduced by Representative Capriglione in the 85th Legislative session and passed into law. The change applies to eligible costs and expenses incurred on or after the effective date of the act, June 14, 2017 until the amendment expires on January 1, 2022.

A third amendment addresses applications received retroactively for projects placed in service before the effective date of the program.

No comments were received regarding adoption of the amendment

The amendment of these rules is adopted under §442.005(q) the Texas Government Code which provides the Commission with the authority to promulgate rules for the effective administration of the Commission's programs, and Texas Tax Code §171.909, which authorizes the Commission and the Comptroller to adopt rules necessary to implement the Tax Credit for Certified Rehabilitation of Certified Historic Structures Program.

The amendments implement Texas Tax Code, §171.909.

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 December 13, 2017.

TRD-201705118

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: January 2, 2018

Proposal publication date: August 18, 2017

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


CHAPTER 15. ADMINISTRATION OF FEDERAL PROGRAMS

13 TAC §15.2

The Texas Historical Commission (hereafter referred to as the Commission) adopts amendments to §15.2 (relating to Standards for Administration and Rules and Procedures for Certified Local Governments) of Title 13, Part 2, Chapter 15 of the Texas Administrative Code (relating to Administration of Federal Programs). The amendments are adopted without changes to the proposed text, as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4049).

No comments were received regarding adoption of the amendment.

The amendments are adopted under §442.005(q) of the Texas Government Code, which authorizes the Commission to promulgate rules for the effective administration of Commission programs, and under §442.005(e), which authorizes the Commission to administer the federal National Historic Preservation Act of 1966 and prepare, maintain, and keep up to date a statewide comprehensive historic preservation plan. Further, as the designated State Historic Preservation Officer (SHPO) under Texas Government Code §442.004(k), the Executive Director of the Commission is authorized to implement the requirements for the certification of local governments under the National Historic Preservation Act.

The amendments implement Texas Government Code §442.004(k).

No other statutes, articles or codes are affected by these new rules.

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 December 13, 2017.

TRD-201705119

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: January 2, 2018

Proposal publication date: August 18, 2017

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


13 TAC §15.6

The Texas Historical Commission (hereafter referred to as the Commission) adopts amendments to §15.6 (relating to Standards for Administration and Rules and Procedures for Certified Local Governments) of Title 13, Part 2, Chapter 15 of the Texas Administrative Code (relating to Administration of Federal Programs). The amendments are adopted without changes to the proposed text, as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4049).

No comments were received regarding adoption of the amendment

The amendments are adopted under §442.005(q) of the Texas Government Code, which authorizes the Commission to promulgate rules for the effective administration of Commission programs, and under §442.005(e), which authorizes the Commission to administer the federal National Historic Preservation Act of 1966 and prepare, maintain, and keep up to date a statewide comprehensive historic preservation plan. Further, as the designated State Historic Preservation Officer (SHPO) under Texas Government Code §442.004(k), the Executive Director of the Commission is authorized to implement the requirements for the certification of local governments under the National Historic Preservation Act.

The amendments implement Texas Government Code §442.004(k).

No other statutes, articles or codes are affected by these new rules.

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 December 13, 2017.

TRD-201705120

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: January 2, 2018

Proposal publication date: August 18, 2017

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


CHAPTER 16. HISTORIC SITES

13 TAC §16.2

The Texas Historical Commission (hereafter referred to as the "Commission") adopts amendments to §16.2 of Title 13, Part 2, Chapter 16 of the Texas Administrative Code concerning historic sites. The amendments are adopted without changes to the proposed text, as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4052).

These amendments are needed as part of the Commission's overall effort to clarify language in order to implement necessary updates, additions and changes to more precisely reflect the procedures of the historic sites division.

No comments were received regarding adoption of the amendment.

These amendments are adopted under the authority of §442.005(q), of the Texas Government Code which provides the Commission with the authority to promulgate rules and conditions to reasonably effect the purposes of those chapters; §442.0056, relating to the acquisition of historic sites; §442.005(p), providing the Commission with the authority to accept gifts and donations; and §442.105, which allows the Commission to set fees for historic sites.

The amendments implement Texas Government Code §442.105.

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 December 13, 2017.

TRD-201705121

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: January 2, 2018

Proposal publication date: August 18, 2017

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


13 TAC §16.3

The Texas Historical Commission (hereafter referred to as the "Commission") adopts amendments to §16.3 of Title 13, Part 2, Chapter 16 of the Texas Administrative Code concerning historic sites. The amendments are adopted without changes to the proposed text, as published in the August 18, 2017 issue of the Texas Register (42 TexReg 4052).

These amendments are needed as part of the Commission's overall effort to clarify language in order to implement necessary updates, additions and changes to more precisely reflect the procedures of the historic sites division.

No comments were received regarding adoption of the amendment.

These amendments are adopted under the authority of §442.005(q), of the Texas Government Code which provides the Commission with the authority to promulgate rules and conditions to reasonably effect the purposes of those chapters; §442.0056, relating to the acquisition of historic sites; §442.005(p), providing the Commission with the authority to accept gifts and donations; and §442.105, which allows the Commission to set fees for historic sites.

The amendments implement Texas Government Code §442.105.

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 December 13, 2017.

TRD-201705122

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: January 2, 2018

Proposal publication date: August 18, 2017

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


13 TAC §16.11

The Texas Historical Commission (hereafter referred to as the "Commission") adopts amendments to §16.11 of Title 13, Part 2, Chapter 16 of the Texas Administrative Code, concerning historic sites. The amendments are adopted without changes to the proposed text as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4052).

These amendments are needed as part of the Commission's overall effort to clarify language in order to implement necessary updates, additions and changes to more precisely reflect the procedures of the historic sites division.

No comments were received regarding adoption of the amendment.

These amendments are adopted under the authority of §442.005(q), of the Texas Government Code which provides the Commission with the authority to promulgate rules and conditions to reasonably effect the purposes of those chapters; §442.0056, relating to the acquisition of historic sites; §442.005(p), providing the Commission with the authority to accept gifts and donations; and §442.105, which allows the Commission to set fees for historic sites.

The amendments implement Texas Government Code §442.105.

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 December 13, 2017.

TRD-201705123

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: January 2, 2018

Proposal publication date: August 18, 2017

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


CHAPTER 17. STATE ARCHITECTURAL PROGRAMS

13 TAC §17.1

The Texas Historical Commission (hereafter referred to as the Commission) adopts amendments to §17.1 (relating to Texas Preservation Trust Fund) of Title 13, Part 2, Chapter 17 of the Texas Administrative Code (relating to State Architectural Programs). The amendments are adopted without changes to the proposed text as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4055).

These changes clarify the two-step application process, update the name of the State Antiquities Landmark designation, and minor changes to text for clarification purposes.

No comments were received regarding adoption of the amendment.

The amendments are adopted under §442.005(q) and §442.015(f) of the Texas Government Code, which provides the Commission with the authority to promulgate rules and conditions to reasonably effect the purposes of this chapter and provides the Commission with the authority to administer the Texas Preservation Trust Fund Account.

The amendments implement Texas Government Code, §442.015(f).

No other statutes, articles or codes are affected by this proposal.

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 December 13, 2017.

TRD-201705124

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: January 2, 2018

Proposal publication date: August 18, 2017

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


CHAPTER 21. HISTORY PROGRAMS

SUBCHAPTER B. OFFICIAL TEXAS HISTORICAL MARKER PROGRAM

13 TAC §21.7

The Texas Historical Commission (Commission) adopts amendments to §21.7, concerning application requirements for Official Texas Historical Markers. These amendments clarify vague and inaccurate language in the Texas Administrative Code. The amendments are adopted without changes to the proposed text as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4059).

The amendment to §21.7 removes inaccurate language regarding the Commission website address and the type of application file accepted and provides clarification on the year-long acceptance of Historic Texas Cemetery name and date plaque applications and the owner consent requirement for Recorded Texas Historic Landmarks as related to the Official Texas Historical Marker application requirements.

No comments were received regarding adoption of the amendment.

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 §442.006(h), which requires the Commission to adopt rules for the historical marker program; 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.

The amendments implement Texas Government Code, §442.006 and §442.0051 and Texas Natural Resources Code, §191.092 and §191.096.

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 December 13, 2017.

TRD-201705125

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: January 2, 2018

Proposal publication date: August 18, 2017

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


13 TAC §21.9

The Texas Historical Commission (Commission) adopts amendments to §21.9, concerning the application evaluation procedures for Official Texas Historical Markers. These amendments clarify vague and inaccurate language in the Texas Administrative Code. The amendments are adopted without changes to the proposed text as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4059).

The amendment to §21.9 revises the Commission website address and includes details that clarify Official Texas Historical Marker application evaluation procedures.

No comments were received regarding adoption of the amendment.

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 §442.006(h), which requires the Commission to adopt rules for the historical marker program; 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.

The amendments implement Texas Government Code §442.006 and §442.0051, Texas Natural Resources Code, §191.092 and §191.096.

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 December 13, 2017.

TRD-201705126

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: January 2, 2018

Proposal publication date: August 18, 2017

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


CHAPTER 22. CEMETERIES

13 TAC §22.1

The Texas Historical Commission (Commission) adopts amendments to §22.1, concerning cemeteries. These amendments clarify the Commission's role in evaluating unverified cemeteries. The amendments are adopted without changes to the proposed text as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4062).

In the adoption of the amendment to §22.1 definitions are added for "burials" and "burial pits," "cemetery," "historic cemetery," "human remains," "interment," "nonperpetual care cemetery," "perpetual care" and "endowment care," "perpetual care cemetery" and "endowment care cemetery," "unidentified grave," "unverified cemetery," and "verified cemetery." It revises the definition of "cemetery" and eliminates the definitions of "state registrar" and "unmarked grave."

No comments were received regarding adoption of the amendment.

The amendments are adopted under §442.005(q) of the Texas Government Code which provides the Texas Historical Commission with the authority to promulgate rules to reasonably effect the purposes of the commission, §442.017 of the Texas Government Code relating to the commission's authority to adopt rules related to abandoned cemeteries, and §711.012 of the Texas Health and Safety Code which provides the commission with the authority to adopt rules to enforce and administer §711.010 and §711.011 of the Texas Health and Safety Code.

The amendments implement Texas Government Code §442.017 and Texas Health and Safety Code, §§711.010, 711.011, and 711.012.

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 December 13, 2017.

TRD-201705128

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: January 2, 2018

Proposal publication date: August 18, 2017

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


13 TAC §22.2

The Texas Historical Commission (Commission) adopts amendments to §22.2, concerning cemeteries. These amendments clarify the Commission's role in evaluating unverified cemeteries. The amendments are adopted with changes to the proposed text as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4063).

The amendment to §22.2 includes "unverified" cemeteries as under the Commission's authority.

No comments were received regarding adoption of the amendment.

The amendments are adopted under §442.005(q) of the Texas Government Code, which provides the Texas Historical Commission with the authority to promulgate rules to reasonably effect the purposes of the commission, §442.017 of the Texas Government Code, relating to the commission's authority to adopt rules related to abandoned cemeteries, and §711.012 of the Texas Health and Safety Code, which provides the commission with the authority to adopt rules to enforce and administer §711.010 and §711.011 of the Texas Health and Safety Code.

The amendments implement Texas Government Code, §442.017, and Texas Health and Safety Code, §711.010 and §711.011.

No other statutes, articles, or codes are affected by these amendments.

§22.2.Authority of Commission.

(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.

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 December 13, 2017.

TRD-201705129

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: January 2, 2018

Proposal publication date: August 18, 2017

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


13 TAC §22.3

The Texas Historical Commission (Commission) adopts amendments to §22.3, concerning cemeteries. These amendments clarify the Commission's role in evaluating unverified cemeteries. The amendments are adopted without changes to the proposed text as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4063).

No comments were received regarding adoption of the amendment.

The amendments are adopted under §442.005(q) of the Texas Government Code which provides the Texas Historical Commission with the authority to promulgate rules to reasonably effect the purposes of the commission, §442.017 of the Texas Government Code relating to the commission's authority to adopt rules related to abandoned cemeteries, and §711.012 of the Texas Health and Safety Code which provides the commission with the authority to adopt rules to enforce and administer §711.010 and §711.011 of the Texas Health and Safety Code.

The amendments implement Texas Government Code §442.017 and Texas Health and Safety Code, §711.010 and §711.012.

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 December 13, 2017.

TRD-201705130

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: January 2, 2018

Proposal publication date: August 18, 2017

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


13 TAC §22.4

The Texas Historical Commission (Commission) adopts amendments to §22.4, concerning cemeteries. These amendments clarify the Commission's role in evaluating unverified cemeteries. The amendments are adopted without changes to the proposed text as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4064).

The amendment to §22.4 includes "unverified" cemeteries along with discussion of unknown and abandoned cemeteries. It provides procedure in discovery of unverified cemeteries and clarifies procedure for discovery of unknown or abandoned cemeteries.

No comments were received regarding adoption of the amendment.

The amendments are adopted under §442.005(q) of the Texas Government Code which provides the Texas Historical Commission with the authority to promulgate rules to reasonably effect the purposes of the commission, §442.017 of the Texas Government Code relating to the commission's authority to adopt rules related to abandoned cemeteries, and §711.012 of the Texas Health and Safety Code which provides the commission with the authority to adopt rules to enforce and administer §711.010 and §711.011 of the Texas Health and Safety Code.

The amendments implement Texas Government Code 442.017 and Texas Health and Safety Code, §§711.010 - 711.012.

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 December 13, 2017.

TRD-201705131

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: January 2, 2018

Proposal publication date: August 18, 2017

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


13 TAC §22.5

The Texas Historical Commission (Commission) adopts amendments to §22.5, concerning cemeteries. These amendments clarify the Commission's role in evaluating unverified cemeteries. The amendments are adopted without changes to the proposed text as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4064).

Section 711.10 of the Health and Safety Code includes wording regarding the removal of remains from an abandoned or unknown cemetery. The amendment to §22.5 includes new wording to reflect those changes to the Health and Safety Code, and also removes language that does not apply to abandoned, unknown, or unverified cemeteries.

No comments were received regarding adoption of the amendment.

The amendments are adopted under §442.005(q) of the Texas Government Code, which provides the Texas Historical Commission with the authority to promulgate rules to reasonably effect the purposes of the commission, §442.017 of the Texas Government Code, relating to the commission's authority to adopt rules related to abandoned cemeteries, and §711.012 of the Texas Health and Safety Code, which provides the commission with the authority to adopt rules to enforce and administer §711.010 and §711.011 of the Texas Health and Safety Code.

The amendments implement Texas Government Code §442.017 and Texas Health and Safety Code, §§711.010 - 711.012.

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 December 13, 2017.

TRD-201705133

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: January 2, 2018

Proposal publication date: August 18, 2017

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