TITLE 13. CULTURAL RESOURCES

PART 2. TEXAS HISTORICAL COMMISSION

CHAPTER 16. HISTORIC SITES

The Texas Historical Commission (hereinafter referred to as the "commission") proposes to amend §16.3, relating to Addition of Historic Sites to the Texas Historical Commission Historic Sites Program. This amendment is proposed to establish the process and criteria for acquiring land for existing state historic sites.

FISCAL NOTE. Joseph Bell, Executive Director, has determined that for the first five-year period the amended rule is in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the rule.

PUBLIC BENEFIT. Mr. Bell has determined that for the first five-year period the amended rule is in effect, the public benefit will be the increased efficiency and effectiveness in the implementation of the Texas Historical Commission Historic Sites Program and the Commission's ability to add historic sites and other real property to this program.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. Mr. Bell has determined that there will be no impact on rural communities, small businesses, or micro-businesses as a result of implementing these rules. Accordingly, no regulatory flexibility analysis, as specified in Texas Government Code § 2006.002, is required.

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

GOVERNMENT GROWTH IMPACT STATEMENT. During the first five years that the amendments would be in effect, the proposed amendments: 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 amendments would be in effect, the proposed rules will not positively or adversely affect the Texas economy.

TAKINGS IMPACT ASSESSMENT. The Commission has determined that no private real property interests are affected by this proposal and the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code § 2007.043.

PUBLIC COMMENT. Comments on the proposal may be submitted to Joseph Bell, Executive Director, at admin@thc.texas.gov, Texas Historical Commission, P.O. Box 12276, Austin, Texas 78711-2276. Comments will be accepted for 30 days after publication in the Texas Register .

STATUTORY AUTHORITY. The amendments are proposed under Texas Government Code §442.0053, which provides the Commission with the authority to promulgate rules and acquire real property by purchase, gift, or in any manner, for inclusion in the historic sites system.

CROSS REFERENCE TO OTHER LAW. No other statutes, articles or codes are affected by these amendments.

§ 16.3. Addition of Historic Sites or Real Property to the Texas Historical Commission Historic Sites Program.

(a) Criteria for the addition of new Historic Sites . The addition of new Historic Sites will follow the "State Historic Sites Historic Properties Collection Plan" in a three-step process as posted on the Texas Historical Commission's (Commission) website at thc.texas.gov detailing themes and subthemes in Texas history, site assessment, operational and managerial evaluations processes and the following criteria:

(1) The property must have recognized statewide or national significance based on the standards of the National Register of Historic Places.

(2) The property should be able to provide interpretation of a significant theme or event of Texas history that is not fully represented by the Commission's existing historic sites or other historic sites accessible to the public. The Commission will strive to maintain a geographic, cultural and thematic balance in its program.

(3) The property should have exceptional integrity of location (including surrounding environment), design, material, setting, feeling, and association.

(4) The property should have appropriate collections (objects, manuscript material, artifacts) associated with the historic site or necessary artifacts related to the site's history and period of significance should be identified and available.

(5) The property must be appropriate for use as an interpretive museum or historic site, have high potential to attract and accommodate diverse and new audiences, and be accessible to travelers as well as to the local community.

(6) The property must be available without restrictions that would limit the Commission's options for preservation and interpretation as a historic site (for example, a life estate retained by the grantor, restrictions against future sale or conveyance, or limits on alterations deemed appropriate by the Commission). The Commission encourages the use of easements or other restrictions to ensure the preservation of historic sites.

(7) Financial resources must be available or assured, including an endowment fund where appropriate, or sources of funding must be identified in a comprehensive funding plan to ensure the restoration, interpretation, development, long term operation and preservation of the site.

(8) The property must have the potential for strong supporting partnerships including community support.

(b) Evaluation Process. To evaluate the site against these criteria, the Commission will follow a three-step process as follows.

(1) In phase one, staff will determine if the property should be recommended to be added to the Commission's portfolio of State Historic Sites. The preliminary evaluation will briefly address the following issues:

(A) Where is the property located?

(B) What is the current condition of the property?

(D) What is the importance of the property in Texas and/or American History?

(E) What is the estimation of the property's value, strategically, operationally and culturally?

(F) Are there resources such as artifact collections or endowment that accompany the property?

(G) Are there resources available to adequately interpret the property's themes and stories to the public?

(H) Are the necessary resources available to preserve and care for the property's physical infrastructure and collections?

(I) Does THC have the financial and FTE resources to operate the property?

(J) What is the property's potential for the generation of sustainable visitation and revenue?

(2) Phase 2. If the property is recommended for additional study, a staff committee will be assigned to conduct a preliminary review of the property with reference to criteria noted in subsection (a) of this section. The committee will make a recommendation to the Commission whether to proceed with the development of a historic site management plan in phase three of the evaluation process.

(3) Staff will obtain and use the following information in phase two:

(A) A description of the property, including land, structures and other features.

(B) A preliminary inventory of collections and equipment.

(C) A statement of significance or reference to its designation on the National Register of Historic Places/National Historic Landmark and an evaluation of the site's integrity.

(D) A statement from the current owner indicating a willingness to transfer the real and relevant personal property and the terms and conditions for such a transfer.

(E) Needed and available funding for development costs and continuing operational costs.

(F) Letters of support from interested parties, including an indication of willingness to create an appropriate support group.

(G) A statement identifying how the property would support the educational mission of the Historic Sites Program to serve a broad and diverse audience.

(H) A preliminary estimate of the visitation and costs for development and operation of the site.

(4) Phase 3. Upon positive action by the Commission on the recommendation noted in paragraph (2) of this subsection, the staff will prepare or have prepared a management plan in phase three for the site's evaluation including:

(A) Evaluation of the site, including but not limited to buildings, support facilities, infrastructure (including roads, trails, utility service/water and sewer systems), landscape features, and collections.

(B) Required staffing and services for operation of the site, including ongoing costs of preservation, operation, maintenance and marketing.

(D) Costs and timeline for making the property available to the public.

(E) Required staffing and consultant services for development of the site.

(F) Projected audience/annual visitation, sources of funding to support programming including community partnerships, potential earned revenue, philanthropic and endowment.

(5) The management plan will be reviewed by a panel of experts including an independent Texas historian, museum professional, and expert in heritage tourism and their recommendation will be taken into consideration by the Commission to determine whether the property should be accepted.

(6) The decision to accept a site is within the sole discretion of the Commission, including determining whether acceptance of a property that meets all technical criteria is in the best interest of the State.

(c) Criteria for the addition of real property. The Commission finds there are many factors that affect the suitability of real property for use as a historic site or inclusion in the Texas Historical Commission Historic Sites Program and objectively quantifying the relative value of one tract of land over another can be difficult if not impossible. However, all potential acquisitions (including donations) of real property will be evaluated for their attributes with respect to the categories delineated in this subsection. The relative importance of each parameter within the categories will vary from proposal to proposal, depending on the specific needs and goals of the Commission at the time of consideration. Real property [ ~~A property~~ ] that meets the criteria in this subsection [ is adjacent to an existing THC State Historic Site that will enhance the preservation, protection or interpretation of the existing site, or a property that is needed to support the operations of the state historic site as a program support facility, ] may be acquired by purchase or donation by action of the Commission on recommendation of the Executive Director, without the evaluation process described in subsection (b) of this section.

(1) Historical or Interpretive Value. The real property being acquired:

(A) offers or provides significant archaeological, cultural, historical, or interpretive value consistent with the commission's mission of preserving and protecting the historical resources of the State;

(B) qualifies as a Traditional Cultural Property (TCP);

(D) restores a historic site's original cultural landscape.

(2) Contiguity with Existing State Historic Sites. The real property being acquired:

(A) is near or adjacent to an existing state historic site;

(B) will enhance the preservation, protection, or interpretation of an existing state historic site;

(D) is needed to support the operations of the state historic site as a program support facility;

(E) will provide buffers for existing state historic sites from development or other incompatible land uses; or

(F) will protect viewsheds, landscapes, or the historic character of an existing state historic site.

(3) Other characteristics of significance. The real property being acquired may:

(A) have been historically associated with an existing state historic site;

(B) yield information important in prehistory or history:

(C) accommodate critical non-historic construction, utilities, or uses that would otherwise compromise the historic nature and character of an existing state historic site; or

(D) fill a gap in the inventory of historical or cultural resources offered by existing state historic sites.

(4) The decision to add real property to the Texas Historical Commission Historic Sites Program is within the sole discretion of the Commission, including determining whether the acceptance or purchase of a particular tract of real property is in the best interest of the State. When considering whether to purchase real property to add to the Texas Historical Commission Historic Sites Program, the Commission in its sole discretion may determine the appropriate price to pay for the real property, even if that price exceeds the fair market appraised value, based on the criteria in subsection (c) and the historical significance of the real property to the State.

(d) A right of way or easement required to allow for installation or connection of necessary utilities at a THC State Historic Site between regular meetings of the Commission may be approved by the Executive Director with the approval of the Chairman. This action will be ratified at the next meeting of the Commission.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 28, 2025.

TRD-202501401

Joseph Bell

Executive Director

Texas Historical Commission

Earliest possible date of adoption: June 8, 2025

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