TITLE 13. CULTURAL RESOURCES

PART 2. TEXAS HISTORICAL COMMISSION

CHAPTER 18. TEXAS HOLOCAUST, GENOCIDE, AND ANTISEMITISM ADVISORY COMMISSION

13 TAC §18.9

The Texas Historical Commission (THC) adopts new §18.9, relating to the creation of Administrative Grant Rules for the Texas Holocaust, Genocide, and Antisemitism Advisory Commission's (THGAAC) grant program, as authorized in Section 448.101(c) of H.B. 3257. New §18.9 is adopted without changes to the text as published in the February 17, 2023, issue of the Texas Register (48 TexReg 785). The rule will not be republished.

Chapter 18 creates a process for operations for the THGAAC's grant program.

FISCAL NOTE. Mark Wolfe, Executive Director, has determined that for each of the first five years the new rule is in effect, there will not be a fiscal impact on state or local government as a result of enforcing or administering the new rule as adopted. The related policy and procedure are in place for this rule and there is no anticipated additional cost as a result of the rulemaking.

PUBLIC BENEFIT/COST NOTE. Mr. Wolfe has also determined that for the first five-year period the rule is in effect, the anticipated public benefit will be the ability of Texas nonprofits to apply to receive grant funds, for the purpose of supporting Holocaust, genocide, and antisemitism educational programs.

ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT. There are no anticipated economic costs to persons who are required to comply with this new rule. There is no effect on local economy for the first five years that the new rule is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022 and §2001.024(a)(6).

COSTS TO REGULATED PERSONS. The adopted new rule does not impose a cost on regulated persons, including another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. The adopted new rule provides an opportunity for the THC and THGAAC to support the operation and delegation educational programming to assist with implementation of goals and objectives for the THGAAC. There is no anticipated economic impact of this new rule. Mr. Wolfe has also determined that there will be no impact on rural communities, small businesses, or micro-businesses as a result of implementing this new rule and therefore no regulatory flexibility analysis, as specified in Texas Government Code §2006.002, is required. The new rule does not affect small businesses, micro-businesses, or rural communities because the new rule only clarifies the administrative procedures with which to carry out existing statutes.

GOVERNMENT GROWTH IMPACT STATEMENT. During the first five years that the new rule would be in effect, the adopted new section: will not create or eliminate a government program; will not result in the addition or reduction of employees; will not require an increase or decrease in future legislative appropriations; will not lead to an increase or decrease in fees paid to a state agency; will not create a new regulation; will not repeal an existing regulation; and will not result in an increase or decrease in the number of individuals subject to the rule. During the first five years that the new rule would be in effect, the new rules will not positively or adversely affect the Texas economy.

No comments were received on the proposed rule.

STATUTORY AUTHORITY AND STATEMENT ON AUTHORITY. This new rule is adopted under the authority of Texas Government Code §448.102(b), which provides the Commission with the authority to promulgate rules to reasonably affect the purposes of the Commission.

CROSS REFERENCE TO STATUTE. The new rule implement §448 of the Texas Government Code.

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 5, 2023.

TRD-202301641

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: May 25, 2023

Proposal publication date: February 17, 2023

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


CHAPTER 21. HISTORY PROGRAMS

SUBCHAPTER B. OFFICIAL TEXAS HISTORICAL MARKER PROGRAM

13 TAC §21.13

The Texas Historical Commission (Commission) adopts amendments to the Texas Administrative Code, Title 13, Part 2, Chapter 21, Subchapter B, §21.13, related to Recorded Texas Historic Landmark (RTHL) removal procedures, without changes to the text published in the February 17, 2023, issue of the Texas Register (48 TexReg 787). The rule will not be republished.

The amendments to Section 21.13 clarify procedures for Recorded Texas Historical Landmark (RTHL) removal requests and the time period for marker removal requests. They also correct formatting and grammatical errors in the rule.

No comments were received during the 30-day comment period following publication.

These amendments are adopted under the authority of 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 5, 2023.

TRD-202301642

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: May 25, 2023

Proposal publication date: February 17, 2023

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