HomeMy WebLinkAbout2002 CHC Handbook for Web
TEXAS PRESERVATION HANDBOOK for County Historical Commissions
INTRODUCTION With statutory responsibility to initiate and conduct programs suggested by the commissioners court and the Texas Historical Commission (THC), the county historical commission
(CHC) is a vital link in Texas’ preservation network. The future of historic preservation in Texas depends on informed and focused local preservationists. To that end, this handbook
is published to provide basic information on THC programs and to provide guidance on CHC organizational structure and activities that will enhance the preservation of Texas’ rich heritage
in each of our 254 counties. This completely revised handbook is divided into nine sections and three appendices. The sections deal with program specifics and the appendices provide
information on preservation statutes, resources and contacts. The opening table of contents offers a summary of each of the nine sections for quick reference, while the table of contents
following each section tab gives specific information and page numbers for the topics within that section. In this age of technology and instant communication, we have often included
web site addresses as sources for further information, and much of the material in this handbook is available on the web. If you do not have access to the Internet, we strongly encourage
you to make that a priority. Public libraries can help you establish that connection and set you up with an email account. The Texas Preservation Handbook for County Historical Commissions
is not intended as a sole or final source of preservation information in Texas. The THC offers continuing education on preservation issues through workshops, the Annual Historic Preservation
Conference, regional meetings and The Medallion. We encourage you to take advantage of every opportunity to keep current on preservation topics. County chairs are urged to share the
information in this handbook with all members of their commissions and other local preservationists. Additional copies are available from the THC for a nominal fee (binder not included).
In an effort to keep the handbook current, THC staff will provide periodic updates, especially regarding the contents in Appendix III, to all CHC chairs. If you are not a CHC chair and
would like access to the updates, please see the cover letter that accompanied the handbook for further information. Thank you for your interest in Texas history, your work to save it
and your enthusiasm in sharing it with others.
CONTENTS Introduction Section 1 The County Historical Commission Information about the role and organization of the county historical commission (CHC) 2 The Texas Historical Commission
Information about the mission and organization of the Texas Historical Commission (THC), including THC contact information for each division 3 Preservation Planning Information about
preservation plans and why they are important, about Texas’ statewide plan, how CHCs can be a part of that plan and how CHCs can create a vision for their own future 4 Identifying Cultural
Resources Information on cultural resource surveys, including why they are important, what they entail and how they are used 5 Evaluating and Designating Cultural Resources Information
about designating architectural and archeological properties through national, state and local processes 6 Protecting Cultural Resources Information about protection offered through
historical designations, the Section 106 review process, protecting archeological sites on private private and public lands, cemetery laws and other state and federal tools designed
to preserve cultural resources 7 Interpreting Your History Information on various ways a CHC can bring history alive for the public by interpreting identified and evaluated resources
8 Promoting Your History Information on ways to publicize your CHC’s work, activities to generate an awareness of local history and how to spread the word about the benefits and importance
of historic preservation 9 Preservation Tools Information about THC programs and opportunities to help you with your preservation efforts
Appendix I Preservation Statutes Appendix II Preservation Resources Appendix III Preservation Contacts
Section 1 The County Historical Commission In this section, you will find general information about the role and organization of the county historical commission (CHC). CONTENTS Members
and Meetings ............................................................................................................2 Organization and Bylaws ....................................................
.....................................................2 County Historical Commission Size and Structure ...................................................................2 Frequency
and Location of Meetings ........................................................................................4 Open Meetings ......................................................................
...................................................4 Training and Education ............................................................................................................5
Committees and Their Duties ...................................................................................................5 Role of Committees ...................................................
...............................................................5 Finance and Budget Committee ................................................................................................5
Executive Committee ..............................................................................................................6 History Appreciation Committee ....................................
..........................................................6 Publicity Committee .................................................................................................................6
Research and Markers Committee ............................................................................................7 Endangered Properties Committee ..........................................
................................................7 Other Committees ....................................................................................................................7
Fiscal Responsibilities ...............................................................................................................9 Status in County Government ..................................
................................................................9 Sources of County Historical Commission Funds ....................................................................10
Tax-Exempt Status .................................................................................................................10 Collecting Sales Tax ............................................
....................................................................11 Planning and Budgeting .........................................................................................................
11 Developing Long-Range Goals ...............................................................................................11 Developing an Annual Program of Work .................................
................................................13 Developing an Annual Budget ................................................................................................13 Working
with Other Preservation Groups ...............................................................................13 Sources for Further Study ............................................................
...........................................15 1-1
SECTION 1: The County Historical Commission The Texas Legislature set up the system of county historical commissions (CHC) to assist local commissioners courts and the Texas Historical
Commission (THC) in the preservation of each county’s historic and cultural resources. The duties and responsibilities of a CHC are set forth in detail in Texas’ Local Government Code,
Chapter 318 (see Appendix I). The statute is fairly broad, leaving latitude for the CHC to organize and undertake activities appropriate to the county’s size and resources. The statute
does have some specific requirements that apply across the board to all CHCs, and these should be heeded. MEMBERS AND MEETINGS Organization and Bylaws To be a leader in preserving local
history, a CHC should apply good organizational methods to both personnel and activities. This section of the handbook provides a model organizational structure, a discussion of fiscal
responsibilities and planning, and a description of basic committees that should be formed. The organizational chart (Figure 1) shows the lines of communication that should result in
well-informed and active commission members. Of primary importance is the need for a CHC to establish a set of rules (bylaws) for its own regulation. Bylaws should cover at least the
following aspects of the CHC: name, purpose or objectives, membership, officers and their duties, method of selecting officers, meetings, committees and their duties, method of reporting
activities, parliamentary procedures and method of amending bylaws. Once a CHC has adopted bylaws, the county commissioners court should ratify them. Sample bylaws are available from
the THC’s History Programs Division. County Historical Commission Size and Structure The CHC must have enough members to accomplish its goals, and each member must have a specific role
to play. The statute authorizing the appointment of CHCs does not limit the size of a commission, except to set a minimum number of seven county residents. Therefore, the county commissioners
court may appoint as many commission members as needed to carry out the CHC’s goals, in keeping with the CHC’s bylaws. Some CHCs even allow for noncounty residents on the commission;
as long as there are seven county residents, the basic requirement of the statute is fulfilled. Although the statute provides for commission appointments during January of odd-numbered
years, it does not forbid further appointments as needed at other times. It does require the commissioners court to fill a vacancy on the commission for the remainder of the unexpired
term. Commission membership must be as balanced as possible. Consider a balance of men and women, ethnic groups representative of the county’s population, and a variety of age groups.
Recruit at least one member from each community in the county as well. Members should have an interest in historic preservation and an understanding of local history and 1-2 TEXAS HISTORICAL
COMMISSION
1-3 TEXAS HISTORICOUNTY JUDGE & COMMISSIONERS COURT COUNTY CHAIR VICE CHAIR SECRETARY Executive Committee History Appreciation Committee Research and Markers Committee Finance and Budget
Committee Publicity Committee Population of the County Membership Cooperating Organizations/County Preservation Coordinating Council Endangered Properties Committee Other committees,
as needed TREASURER Figure 1 Suggested Organizational Chart for County Historical Commission.
1-4 TEXAS HISTORICAL COMMISSION resources. Please make sure the county judge provides the THC’s History Programs Division with a list of appointed members and their contact information
(mailing addresses, phone and fax numbers, email addresses) as soon as appointments are made. Note that the statute does not address the issue of CHC officers. This is a matter left
to each county and an issue that should be addressed in the bylaws. Some counties elect officers, including the chair; in other counties, the commissioners court appoints the chair.
Frequency and Location of Meetings The CHC is required by statute to meet at least four times per year but may meet as often as the commission decides under its adopted rules. When determining
the frequency and locations of meetings, consider the following: n location of commission members and distance from each other; n activities being carried out by the commission; n types
of meetings held and length of time allotted for them; and n availability of suitable meeting places. The THC encourages CHCs to host meetings in different communities in the county
to generate countywide support for and interest in the CHC program. For publicity purposes, local news media should be invited to every meeting. Open Meetings As an arm of county government,
the CHC is subject to the laws that regulate governmental subdivisions. One such law is the Open Meetings Act, contained in the Texas Government Code, Chapter 551. In accordance with
that statute, CHC meetings must be open to the public. The applicable sections of the statute read as follows: §551.002 Every regular, special, or called meeting or session of every
governmental body shall be open to the public . . . §551.041 A governmental body shall give written notice of the date, hour, place, and subject of each meeting held by the governmental
body. §551.043 The notice of a meeting of a governmental body must be posted in a place readily accessible to the general public at all times for at least 72 hours before the scheduled
time of the meeting. . . The county clerk can assist with posting notice of the meeting. The county attorney’s office should have a copy of the complete statute for those who need more
information. It is also available on the Office of the Attorney General’s web site: www.oag.state.tx.us (click the Open Government links). Training and Education County historical commission
members should have a demonstrated interest in historic preservation when they are appointed to the commission. New CHC members should be trained in the structure and activities of the
commission. Once on the CHC, members should keep
1-5 TEXAS HISTORICAL COMMISSION informed of preservation trends and issues on local, state and national levels. A variety of opportunities exists for continuing education, including,
but not limited to, the following: n The Medallion is the THC’s free bimonthly publication. Contact the THC’s Marketing Communications Division at 512/463-6255 or email thc@thc.state.tx.us
if you are not currently receiving The Medallion. n The Annual Historic Preservation Conference, held each spring (in Austin during odd-numbered years and in other cities around the
state in even-numbered years), is a great opportunity for training and networking with other preservationists from around the state. n The THC also offers regional meetings to provide
basic and advanced information and training. Consult the THC’s web site or The Medallion for the next regional meeting near you. n A host of state and national preservation organizations
offer newsletters, magazines, seminars and conferences that provide continuing education. Check out the organizations in Appendix III, including Preservation Texas, Inc., the Texas Association
of Museums, the National Trust for Historic Preservation and the American Association for State and Local History. Each county historical commission should strive to be represented at
at least two preservation conferences or seminars per year. COMMITTEES AND THEIR DUTIES Role of Committees A sound committee organization within the CHC will ensure the success of the
county’s historic preservation program. It is important to appoint committee members on the basis of their interests. Committee members can help set their committee’s long-range goals
and annual program of work; however, the committee chair must coordinate all activities and be responsible for communicating with the CHC chair. Committees should initiate projects only
as necessary. Do not duplicate existing projects and activities being carried out by other historical or preservation groups. Coordinate projects with other groups as much as possible.
Following are suggested duties and responsibilities for basic CHC committees. Keep in mind that these are only guidelines and each CHC should incorporate what will work best for each
local circumstance. The committees you ultimately organize will depend upon your goals and objectives. Finance and Budget Committee The Finance and Budget Committee is responsible for
all matters relating to the CHC’s fiscal responsibilities. This includes management of the CHC’s budget and funds in accordance with county government procedures. The committee’s activities
include the following:
1-6 TEXAS HISTORICAL COMMISSION n Determine when the county budget is prepared, and request, both personally and in writing, that the commissioners court budget county funds for the
work of the CHC; present a detailed program of work to substantiate the request. n Work with the county treasurer to determine the total amount of CHC expenditures for the year and prepare
a budget. Remember the budget and the year’s program of work should be parallel documents. n If necessary, raise private funds to supplement county appropriations; make sure privately
raised funds are managed in accordance with county government regulations. n Use the CHC’s budget to guide expenditures made in carrying through the year’s program of work. Make necessary
reports to county officials. Executive Committee The Executive Committee generally is composed of CHC officers and others assigned based on their demonstrated leadership abilities and
interest in historic preservation. Activities of the committee might include the following: n Act as liaison between the CHC and the THC. n Make decisions regarding CHC work between
regular meetings as might be provided for in the bylaws. n Provide training for new commission members. n Act as liaison between the CHC and individuals or organizations seeking advice
on, assistance with, support for or sponsorship of preservation projects. n Make visitation arrangements with neighboring CHCs to exchange ideas and programs and to work on joint projects.
History Appreciation Committee The History Appreciation Committee should strive to create countywide awareness and appreciation of historic preservation and its benefits and uses. Potential
projects include the following: n Conduct Texas and county history appreciation programs (see Section 8 for discussion). n Work with schools and civic organizations to present programs
on the county’s history. n Sponsor historical tours, dedications, commemorations and observances (perhaps in conjunction with the Heritage Tourism Committee; see Section 8). n Organize
activities with Junior Historian chapters in the county. Publicity Committee The Publicity Committee is responsible for making sure CHC activities are well publicized, so citizens of
the county are aware of the commission and its responsibilities in the field of preservation (see Section 8 for more ideas). This committee would be responsible for the following:
1-7 TEXAS HISTORICAL COMMISSION n Publicize commission work through news media, speeches and contacts with chambers of commerce, civic and study clubs, and tourist and history-related
groups. n Publish a newsletter. n Prepare articles and feature stories for local media. n Cooperate in research, preparation, publication and distribution of maps, guides and pamphlets.
Research and Markers Committee The Research and Markers Committee is responsible for all matters related to Official Texas Historical Markers (see Section 7 on markers). This responsibility
includes the following: n Survey subjects and sites for possible historical marking. n Research and prepare marker applications as possible. n Help persons interested in obtaining a
marker through the application process. n Review all marker applications for accuracy and completeness before submitting them to the THC. n Establish a system for the periodic review,
assessment and maintenance of Official Texas Historical Markers in the county. n Initiate the process for other official designations, such as the National Register of Historic Places,
Historic Texas Cemetery and State Archeological Landmark (see Section 5 for discussions of these programs). Endangered Properties Committee Keeping a watchful eye out for properties
in the county that are threatened by neglect, deterioration, lack of maintenance, insufficient funds, vandalism, inappropriate development or other adverse effects is the responsibility
of the Endangered Properties Committee. Activities of this committee might include the following: n Use the county’s survey of cultural resources (see Section 4) to develop a list of
high-priority properties to watch. Assign each committee member several of those properties and establish a system for a periodic review and assessment of each property. n Respond to
any requests from the THC for information on endangered properties in your county. n Develop an “11 Most Endangered Properties” list for your county and publicize it in conjunction with
the National Trust for Historic Preservation’s annual announcement of the country’s 11 most endangered properties. Coordinate your efforts with the Publicity and History Appreciation
Committees. Other Committees Beyond the scope of these basic committees, there is a need for committees that concern themselves with specific preservation priorities. Again, committees
should reflect the CHC goals and objectives.
n An Oral History Committee oversees the commission’s endeavors in oral history projects. This committee determines long-range goals for the oral history program, coordinates placement
of audio-or video-taped interviews and/or transcripts in libraries and other archival centers and oversees funding for projects. n An Archives Committee oversees the management and preservation
of documents pertaining to the CHC. n An Archeology Committee undertakes activities that promote the preservation of archeological resources. Due to the irreplaceable nature of archeological
resources, the committee does not usually undertake site investigations. The committee should consult THC Archeology Division staff to coordinate special projects. n A Museum Committee
serves as the liaison between the CHC and the county historical museum, if such exists. This committee should also stay abreast of activities in all museums throughout the county. n
A Cemetery Committee is involved in cemetery surveys, cemetery clean-up days (in conjunction with local cemetery associations) and other similar activities. It may also pursue Historic
Texas Cemetery designation for the cemeteries in the county. n A Heritage Tourism Committee formulates strategy and develops the tools needed to spread the word about the county’s historic
sites and attractions. It might develop a brochure on historic sites in the county, supplemented by a historical walking tour brochure or a historical driving tour with cassette tape.
Committee members should be well versed in the state’s heritage tourism programs, including the Texas Historical Commission’s Texas Heritage Trails Program (see Section 8 for more information
on heritage tourism). n A Public Policy Committee monitors actions of federal agencies, local governments and developers to ensure that plans for future projects (roads, new construction,
housing, etc.) will not endanger a historic property or area. Historic properties are often lost because the preservation community is not aware of the danger until it is is too late.
Committee activities might include the following: o Advise the commissioners court and the THC on citizen thinking and interests, serving as a direct channel for the expression of citizen
concern. o Monitor legal notices in the local newspaper for announcements of public hearings or pending projects and notify the THC when appropriate. o Testify at hearings of city councils
and county government. o Work closely with local landmark commissions, planning and zoning boards, and councils of government. n A Certified Local Government (CLG) Committee oversees
the CHC’s involvement in the federal and state CLG program, administered by the THC. The committee shall consist of at least five but no more than 15 members, with one member serving
as local preservation officer designated by the county judge. All members must live in the county for which they serve and must have a demonstrated interest, competence or knowledge
in historic preservation and 1-8 TEXAS HISTORICAL COMMISSION
indicate such on resumes or statements of interest submitted at the time of application to the THC and during periodic audits. To the extent possible in the county, members should have
professional qualifications in history, planning, architectural history, architecture, archeology or related fields. Verification of these qualifications are subject to review and approval
by the THC following federal guidelines. Specific responsibilities of this committee include: o Establish a system to survey, evaluate, register, document and protect historic properties
in the county. o Develop and maintain an inventory of surveyed individual historic properties and districts in the county. o Establish a system to periodically review Recorded Texas
Historic Landmarks, State Archeological Landmarks and properties listed in the National Register of Historic Places. o Provide for public participation in the local historic preservation
program, including the process of nominating properties to the National Register of Historic Historic Places. o Follow the Secretary of the Interior’s Standards and Guidelines for Historic
Preservation as the standards for CHC and committee activities. County historical commissions that are approved as CLGs may, on an annual basis, seek funding for eligible projects through
the CLG grant program. Such projects may include publications, workshops, videotapes, surveys, National Register nominations, preservation planning, and training and education of committee
members. FISCAL RESPONSIBILITIES Status in County Government The CHC is an arm of the county government. Therefore, funds from any and all sources must be deposited with the county treasurer
but may be placed in a special CHC account. Because details of fiscal procedures vary from county to county, the CHC’s Finance and Budget Committee should become familiar with county
procedures and establish a good working relationship with the county auditor or treasurer. Quite often, either or both can assist in the preparation of the CHC’s budget. The CHC must
make periodic reports to the commissioners court on how it is spending its funds. The county treasurer can invest CHC monies in interest-bearing accounts for additional benefit to the
commission. Any CHC that has existing certificates of deposit or money market funds may leave them invested until maturity, but the county treasurer must clear them before they are reinvested.
The county judge and commissioners court may allow the CHC to invest its funds separately, but monthly reports must be filed with the county treasurer. County historical commissions
that hold real property and museum collections should be aware that these are the property of the county and are governed by the commissioners court. Acceptance of donations of real
property and collections by CHCs must be approved by the county judge and commissioners court. 1-9 TEXAS HISTORICAL COMMISSION
In some counties, it may be advantageous for the CHC to help establish a nonprofit organization [one with 501(c)3 status] such as a “Friends of the Commission.” Such a group can accept
donations of money, property and collections without approval of the commissioners court. The bylaws of such a group should state that all funds raised go to the CHC. Remember the nonprofit
organization must function as a separate group from the CHC. Consult an attorney before establishing a nonprofit corporation. More information on establishing a nonprofit is available
from the THC’s History Programs Division or from the Secretary of State’s web site at www.sos.state.tx.us (follow the links for Corporations to get to the section on Nonprofit Corporations).
Sources of County Historical Commission Funds County historical commissions receive funding from various sources, including the following: n County Allocations. Direct allocations from
the county commissioners court in accordance with Chapter 318 of the Local Government Code is the chief source of funding for most CHCs. n Special Tax Monies. A bill passed by the Texas
Legislature in 1989 allows cities of 125,000 or less to allocate as much money as they deem necessary from local hotel/motel tax revenues to carry out preservation projects. Cities of
125,000 or more may allocate up to 15 percent of local hotel/motel tax revenues for preservation projects. n Donations.
County historical commissions, as branches of county government, are taxexempt entities. All donations made to CHCs are tax deductible for the donors (to the extent allowable by law),
the same as if the donations were made to a nonprofit corporation. n Fund-raisers. Some CHCs hold regular fund-raisers such as bake sales, banquets, barbecues, county history book sales,
rummage sales, marathon races, pledge drives and many more. The CHC should use the funds raised to help meet its goals and objectives. Typical expenditures include publishing county
histories, conducting surveys of historic sites and structures, marking historic places, hosting marker dedication ceremonies, inventorying and preserving historic cemeteries, establishing
and operating a county museum, recording oral history interviews, carrying out Texas Archeology Awareness Month activities, maintaining photograph and document archives, and organizing
educational programs and historic celebrations. Tax-Exempt Status The Texas Local Government Code, Chapter 318, stipulates that the CHC is an arm of county government. Section 115 of
the Internal Revenue Code defines governmental subdivisions and exempts them from paying income tax. Section 170c(1) of the code states that monetary contributions to governmental subdivisions
are tax deductible. It follows that CHCs need not incorporate as a nonprofit organization with the Secretary of State. On the other hand, independent historical societies and similar
groups do need to file incorporation papers with the Secretary of State. The procedure is simple, but the services of 1-10 TEXAS HISTORICAL COMMISSION
an attorney still should be obtained. Independent societies also must request tax-exempt status from the Internal Revenue Service; the services of an attorney are recommended for this
procedure as well. Forms and more information may be found on the Secretary of State’s web site, www.sos.state.tx.us. The CHC, as part of county government, is exempt from paying the
state sales tax when transacting business in the name of the CHC. The CHC should be prepared to supply a certificate of exemption from paying the Texas sales tax when transacting business
with a commercial firm. Figure 2 is the current Texas Sales and Use Tax Exemption Certification. It may be photocopied for your use, or additional copies are available from the Comptroller
of Public Accounts, 800/252-5555 (ask for form #01-339), or at www.window.state.tx.us. Please note that the certificate does not require a tax-exempt number to be valid (in fact, such
“exemption numbers” do not exist). Independent historical societies, once they have secured federal tax-exempt status from the IRS, must apply to the State Comptroller’s Office in Austin
for exemption from paying the state sales tax when conducting business with a commercial firm. Historical societies are not allowed to use the county’s state sales tax exemption. Collecting
Sales Tax No organization, either governmental or private, is exempt from collecting the state sales tax when a product or service is sold. An exception to this rule applies to periodicals
and writings published or distributed by a nonprofit historical organization. Since a CHC is nonprofit and organized for historical purposes, the books, pamphlets and other writings
published and sold by the CHC are exempt from sale tax. If the CHC sells books or other writings published by another qualifying nonprofit organization, those publications are not taxable
either. For example, the CHC does not have to collect sales tax on a county history book that it sells as long as it was published by a nonprofit historical organization (that includes
the CHC). However, sales tax would have to be collected, reported and paid to the State Comptroller on items such as crafts and other non-written materials. The county auditor or local
field office of the State Comptroller can assist the CHC with the procedures involved in collecting state sales taxes. PLANNING AND BUDGETING Developing Long-Range Goals The CHC that
plans its work, puts its plan on paper, distributes the plan to members and then follows its plan usually achieves a well-balanced program of work. Planning gives every member of the
commission the opportunity to contribute to the success of the year’s activities. If a CHC is being organized or reorganized, one of its first actions must be to set long-range goals.
Established CHCs must evaluate past achievements and set new goals as needed. In order to set its goals, the CHC must appoint its committee chairs as early as possible. 1-11 TEXAS HISTORICAL
COMMISSION
Figure 2 Texas Sales and Use Tax Exemption Certification form.
Be sure to inform committee members of their duties and responsibilities, and permit them to participate in the planning and budgeting process. Long-range goals should be set in the
context of the statewide plan, Preserving Our Heritage: A Statewide Plan for Texas (see Section 3). Programs the THC suggests to the CHC must also be consistent with the statewide plan.
Keep in mind the basic goals of historic preservation: the identification, protection and interpretation of historic and prehistoric sites, structures, places and objects. Develop goals
by studying what already has been done in the county and what remains to be done. Objectives that cannot be met within the one-year budget period are long-range goals. Developing an
Annual Program of Work After committee members have established long-range goals and plans, each committee must devise its respective program of work for the year. The CHC’s annual program
of work should be drawn up at a meeting of the committee chairs, integrating and coordinating the the committees’ separate plans. The program of work must be flexible, and projects must
be scheduled realistically. Too many projects going on at once can cause problems, yet there must be enough diversity to encourage participation by all commission members. Remember:
the objective is to plan your work and then work your plan. The CHC that does this will have no difficulty in gaining community support for its historic preservation program. Developing
an Annual Budget The CHC’s program of work will be meaningless unless it has the proper financial support. Therefore, it is imperative that the commission prepare an annual budget, which
is essential to sound planning and financial responsibility. The yearly budget and program of work should be parallel documents. That is, every planning activity that requires expenditure
of funds should be accounted for in one of the basic entries in the budget. Request that each committee chair give a cost estimate for every proposed project and a possible source of
income to meet that cost. This kind of planning will enable the commission to produce a workable budget. The sample budget in Figure 3 is designed to assist in devising a budget. The
sources of income and types of expenditures shown are only examples. The CHC’s budget will depend entirely on its program of work. Contact the county auditor and/or treasurer to find
out about special county requirements that may affect the form of your budget. WORKING WITH OTHER PRESERVATION GROUPS The THC’s basic statute (Texas Government Code, Chapter 442) states
that it is not the intent of the law to duplicate historic preservation efforts. Rather, the THC should guide and direct these efforts where needed or desired. Therefore, CHCs should
coordinate with other historical groups as well. 1-13 TEXAS HISTORICAL COMMISSION
Figure 3 Sample Budget. Please note that the types of income and expenditure listed in this sample budget cover only a small segment of activities. Figures used here are only examples;
your amounts may be much larger or smaller. Income County appropriation $8,400 Donations $500 Pioneer Day Barbecue $1,200 Homes Tour ticket sales $1,500 TOTAL INCOME $11,600 Expenditures
Historical markers $2,500 Cemetery designations & markers $1,100 Dues and subscriptions $150 Pioneer Day activities $1,200 Homes Tour expenses $1,000 Archeology Awareness Month activities
$500 Office supplies $250 Volunteer recognition certificates $50 Heritage tourism brochure $3,000 Conference expenses (travel, registration, etc.) Regional Workshop $300 Annual Preservation
Conference (3 members) $1,500 Miscellaneous $50 TOTAL EXPENDITURES $11,600 1-14 TEXAS HISTORICAL COMMISSION
First, identify all local preservation-related groups and determine which are not affiliated with viable state organizations. Strive to coordinate activities of independent local groups
with those of other, perhaps more broadly based, organizations. The goal is to minimize duplication of effort on local preservation projects. Invite the presidents of area historical
organizations to serve as ex-officio members of the CHC (if those individuals are not already appointed members). Or, establish a county preservation coordinating council composed of
one representative from each local preservation-related group. The council should meet monthly or bimonthly to establish a good communication network. Hosts for the meeting should rotate
among the council members. The CHC statute, as revised by the 77th Texas Legislature in 2001, also encourages the CHC to work in partnership with other preservation entities in the county
to prepare a plan for the preservation of the county’s historic and cultural resources, using the THC’s statewide plan for guidance (see Sections 3 and 9 on the Visionaries in Preservation
Program). SOURCES FOR FURTHER STUDY Throughout this handbook, helpful publications concerning specific programs are listed. Acquire the publications most appropriate to your planned
activities. n The American Association for State and Local History (AASLH) publishes books and pamphlets on organizing and managing historic preservation groups and programs. A catalogue
of AASLH publications can be obtained from: American Association for State and Local History 1717 Church Street Nashville, TN 37203-2991 Phone: 615/320-3203 Fax: 615/327-9013 Email:
history@aaslh.org Web site: www.aaslh.org n The National Trust for Historic Preservation’s Information Series includes many topics covering management and structure of historical societies
and preservation organizations. National Trust for Historic Preservation 1785 Massachusetts Ave., NW Washington, D.C. 20036 Phone: 202/588-6000 Fax: 202/588-6038 Web site: www.nationaltrust.nationalt
rust.org n Brown, Kathleen. Keys To Making Volunteer Programs Work. Arden Publishing Company, 401 Vista Heights Road Richmond, CA 948051-15 TEXAS HISTORICAL COMMISSION
n Pizer, Laurence R. A Primer for Local Historical Societies. 2nd ed., Revised and expanded from the first edition by Dorothy Weyer Creigh. Nashville, TN: AltaMira Press, 1991. n Texas
Government Code, Chapter 318. (See Appendix I) n Wilson, Marlene. Effective Management of Volunteer Programs. Volunteer Management Association, 279 South Cedarbrook Road Boulder, CO
80302 1-16 TEXAS HISTORICAL COMMISSION
Section 2 The Texas Historical Commission In this section, you will find information about the mission and organization of the Texas Historical Commission, including contact information
for each division. CONTENTS The Texas Historical Commission ...........................................................................................2 Commissioners ................................
.........................................................................................2 Staff ......................................................................................................
..................................2 State and Federal Programs .......................................................................................................4 Texas Historical
Commission Divisions ...................................................................................4 Administration ..............................................................................
...........................................4 Archeology ...............................................................................................................................5
Architecture .............................................................................................................................5 Community Heritage Development ............................
..............................................................6 History Programs .....................................................................................................................6
Marketing Communications .....................................................................................................7 Friends of the Texas Historical Commission ............................
.................................................8 Texas Historical Commission Offices .......................................................................................8 2-1
SECTION 2: The Texas Historical Commission THE TEXAS HISTORICAL COMMISSION The Texas Historical Commission (THC) is the state agency for historic preservation. Its mission is to protect
and preserve the state’s historic and prehistoric resources for the use, education, enjoyment and economic benefit of present and future generations. To implement this mission, the THC
developed and adopted a statewide plan entitled Preserving our Heritage: A Statewide Plan for Texas, with goals and objectives to guide the state’s preservation program (see Section
3). It is important for the county historical commission to understand the general organization of the THC in order to relate its goals and activities to services provided by the agency.
A chart showing the organizational structure of the THC is provided in Figure 4. Texas Historical Commission P.O. Box 12276 Austin, TX 78711-2276 Phone: 512/463-6100 Email: thc@thc.state.tx.us
Web: www.thc.state.tx.us Commissioners The THC is overseen by 18 governor-appointed members. They serve six-year terms and are involved actively in all phases of THC work. Each member
serves on several committees that direct agency programs. The commission members serve as volunteers and are not paid for their work. The governor appoints the chair of the commission.
A list of commission members appears in Appendix III. Commission meetings are held quarterly and are open to the public, with agendas published in advance. County historical commission
members are invited to attend any meeting of the THC. Minutes and related records from commission meetings are filed at the THC Library in Austin and are accessible to the public. Watch
The Medallion and the THC web site for meeting announcements and details of activities. Staff The staff of the THC is headquartered in Austin, with a field office at the Sam Rayburn
House Museum in Bonham. THC staff, comprised of archeologists, architectural historians, historians, architects, planners, preservation specialists, administrative staff and other disciplines,
carries out the day-to-day activities of the THC. 2-2 TEXAS HISTORICAL COMMISSION
Figure 4 Texas Historical Commission Organizational Chart.
State and Federal Programs The THC was established in 1953 as the Texas State Historical Survey Committee out of gubernatorial and legislative concern for the increasing loss of the
state’s history. Although the agency was not funded for several years, it now receives both state and federal funds, as well as private contributions and funding from other agencies
as part of interagency contracts, but it must go before each legislative session to request funding for the next two years. THC programs and activities are authorized in the Texas Government
Code, Chapter 442 (see Appendix I), which comes under review every 12 years under the Texas Sunset Act. In 2001, the 77th Texas Legislature made some significant, positive changes to
the THC’s enabling statute, and the statute governing county historical commissions was updated for the first time in many years. These changes are incorporated for your reference into
the appropriate sections of this handbook. Not only does the THC administer state preservation programs, it also is the coordinating agency in Texas for federal preservation activities.
The National Historic Preservation Act of 1966 established the federal preservation program as a partnership between the states and the federal government. Each state provides input
into the federal preservation process through the State Historic Preservation Officer (SHPO), whose office reviews all projects with federal involvement and serves as the state’s voice
in federal preservation matters. In Texas, the executive director of the THC serves as the SHPO. TEXAS HISTORICAL COMMISSION DIVISIONS Administration The administrative center of the
agency includes the office of the executive director and the accounting and purchasing functions for the THC. Administrative staff: n Coordinates strategic planning and visioning for
the agency. n Prepares required legislative and financial reports. n Coordinates the meetings of the governor-appointed commissioners. n Provides matching grants through the Texas Preservation
Trust Fund. n Operates and maintains the Sam Rayburn House Museum in Bonham. n Handles incoming mail and telephone calls. n Manages agency purchasing, accounting, inventory, maintenance
of buildings and vehicles, and personnel matters. Contact the Administration Division at: Phone: 512/463-6100 Fax: 512/463-8222 Email: thc@thc.state.tx.us 2-4 TEXAS HISTORICAL COMMISSION
Archeology The Archeology Division works to identify, protect and promote Texas’ irreplaceable archeological heritage. Division staff: n Reviews public construction projects that may
impact significant archeological sites. n Administers the State Archeological Landmark designation program. n Serves as support staff for the Texas Antiquities Advisory Board, which
counsels the THC on matters related to the Antiquities Code of Texas. n Records and evaluates archeological sites. n Conducts and reports on archeological research and investigations.
n Directs the Texas Archeological Stewardship Network, a statewide network of avocational archeologists who assist THC archeologists in preserving valuable sites and collections. n Coordinates
with public and private partners in the annual observance of Texas Archeology Awareness Month. n Administers an active marine archeology program, including the acclaimed La Salle Archeology
Projects. n Administers the Texas Historic Sites Atlas, a computerized database of almost 250,000 historic and archeological sites in Texas available through the THC web site. Contact
the Archeology Division at: Phone: 512/463-6096 Fax: 512/463-8927 Email: archeology@thc.state.tx.us There is a regional archeologist assigned to each Texas county. Please see the map
in Appendix III to find out which archeologist works with your county. Architecture The THC Architecture Division works to preserve and protect Texas’ diverse architectural heritage.
Division staff: n Provides design and rehabilitation advice to assist with preserving above-ground properties. n Monitors the condition of historic county courthouses and administers
the Texas Historic Courthouse Preservation Program to provide matching grants to assist courthouse restoration projects throughout the state. n Reviews projects eligible for federal
tax credits for rehabilitation. n Monitors the state’s National Historic Landmarks. n Permits work to historic buildings designated as State Archeological Landmarks. n Reviews work to
the exterior of historic buildings and structures designated as Recorded Texas Historic Landmarks. n Oversees maintenance of the Texas Governor’s Mansion and the THC’s historic buildings.
2-5 TEXAS HISTORICAL COMMISSION
2-6 TEXAS HISTORICAL COMMISSION n Holds preservation agreements for significant cultural landmarks to ensure long-term preservation of the property. n Reviews public construction projects
that impact historic properties. Contact staff of the Architecture Division at: Phone: 512/463-6094 Fax: 512/463-6095 Email: architecture@thc.state.tx.us There is an architectural project
reviewer assigned to each Texas county. Please see the map in Appendix III to find out which reviewer works with your county. Community Heritage Development The Community Heritage Development
Division acts in partnership with communities and regions to revitalize historic areas, stimulate tourism and encourage economic development through the use of preservation strategies.
Division staff: n Administers the Texas Main Street Program, a program for downtown revitalization focusing on organization, promotion, design and economic restructuring. n Administers
the Certified Local Government program, which provides preservation training and matching grants to qualified cities and counties that utilize professional preservation practices. n
Administers a regional heritage tourism initiative, the Texas Heritage Trails Program. n Coordinates the Visionaries in Preservation Program, designed to assist communities in identifying
and implementing preservation goals. n Coordinates the agency’s heritage tourism program, including creating brochures, maps and travel guides for heritage tourists. Contact the Community
Heritage Development Division at: Phone: 512/463-6092 Fax: 512/463-5862 Email: community-heritage@thc.state.tx.us History Programs The History Programs Division works with citizens,
county historical commissions, museums, cemetery associations, local governments, state and federal agencies, and other interested parties to identify, evaluate and interpret the historic
and cultural resources of Texas. Division staff: n Administers a program to list Texas properties and sites in the National Register of Historic Places. n Reviews historic properties
potentially affected by federally funded or permitted projects and properties undergoing rehabilitation through the federal tax incentive program to determine whether they are eligible
for listing in the National Register. n Administers the state’s historical marker program.
2-7 TEXAS HISTORICAL COMMISSION n Coordinates a cemetery preservation assistance program, including the Historic Texas Cemetery designation. n Provides consultation to history museums
across the state, administers the museum grant and museum awards programs, and sponsors the Winedale Museum Seminar. n Manages the CHC email listserv, the CHC mailing list and end-of-year
reporting activities for CHCs. n Oversees the statewide survey effort for architectural properties and assists local organizations interested in undertaking historic resources surveys.
n Manages a military sites program to document, commemorate, preserve and promote historic sites involving Texas military personnel in Texas and other states. n Administers the agency’s
library, where you can find National Register and state historical marker files, as well as a large collection of county history books and other preservation resources. n Administers
the THC’s awards program. Contact the History Programs Division at: Phone: 512/463-5853 Fax: 512/512/475-3122 Email: history@thc.state.tx.us Marketing Communications The Marketing Communications
Division promotes the agency’s programs and projects and develops outreach strategies to increase awareness of the agency’s mission and purpose. Division staff: n Publishes the agency’s
free bimonthly newsletter, The Medallion. n Coordinates the Annual Historic Preservation Conference. n Designs and produces promotional materials such as brochures, invitations, programs,
ads and flyers. n Produces and maintains content for the agency’s web site. n Develops and implements all heritage tourism marketing and promotions. n Plans and executes special events
and press conferences. n Provides video, slide and photography services. n Coordinates public and media relations and serves as the public information office. n Develops and implements
marketing communications campaigns. Contact staff of the Marketing Communications Division at: Phone: 512/463-6255 Fax: 512/463-6374 Email: thc@thc.state.tx.us
2-8 TEXAS HISTORICAL COMMISSION FRIENDS OF THE TEXAS HISTORICAL COMMISSION Organized in 1996, Friends of the Texas Historical Commission is a nonprofit organization dedicated to supporting
the historic preservation endeavors of the THC. Support from Friends comes in the form of grants and contributions from corporate, foundation and individual donors. The partnership between
Friends and the THC allows the agency to leverage limited public funds through matching grant opportunities. It also allows the agency to quickly access funds for historic preservation
purposes when unforeseen situations arise. Friends of the THC is overseen by a board of trustees, which includes the executive director of the THC, selected on the basis of their ability
to provide either preservation, operational or investment advice to the organization and to ensure the activities of the organization support the preservation efforts of the THC. All
donations to Friends of the THC are tax-deductible. Contact the Friends of the Texas Historical Commission at: P.O. Box 13497, Austin TX 78711 Phone: 512/936-2241 Fax: 512/463-3571 Email:
friends@thc.state.tx.us TEXAS HISTORICAL COMMISSION OFFICES THC staff members are housed in several locations, most of them near the State Capitol, including some of the last vestiges
of the 19th-century neighborhood that once graced this area of Austin. Visitors to the offices are welcome; however, please schedule your visit ahead of arrival to ensure the staff members
you want to see are available. Parking is available in metered spaces along the street or in state visitor parking garages. For your reference, a list of THC buildings and their occupants
follows: n 1857 Carrington-Covert House, 1511 Colorado, Austin o Executive offices o Staff services and accounting operations n Elrose Apartment Building, 108 W. 16th St., Austin o Archeology
Division (partial) o Architecture Division n Luther Hall, 105 W. 16th St., Austin o History Programs Division
n 1881 Gethsemane Lutheran Church Building, southwest corner of 16th St. and N. Congress, Austin o THC Library o Friends of the THC n Christianson-Leberman Building, 1304 Colorado, Austin
o Community Heritage Development Division n William P. Hobby State Office Building, Tower 3, Suite 810, 333 Guadalupe, Austin o Marketing Communications Division n William P. Clements
State Office Building, 15th and Lavaca, Austin o Archeology Division (partial) n Sam Rayburn House Museum, US 82, 1.5 miles west of Bonham Sam Rayburn House staff Phone: 903/583-5558
Fax: 903/640-0800 Email: srhmdir@texoma.net 2-9 TEXAS HISTORICAL COMMISSION
Section 3 Preservation Planning In this section, you will find information about preservation plans and why they are important, about Texas’ statewide plan, how county historical commissions
(CHC) can be a part of that plan and how CHCs might go about envisioning their own future. CONTENTS An Introduction to Preservation Planning ..........................................................
.......................2 Statewide Plan ..........................................................................................................................2 Visioning .........................
........................................................................................................3 What is Visioning? ..........................................................................
..........................................4 Three Steps to Creating Your Preservation Vision ......................................................................4 Are You Ready for
Visioning? ...................................................................................................5 Sources for Further Study .............................................................
............................................5 3-1
SECTION 3: Preservation Planning AN INTRODUCTION TO PRESERVATION PLANNING Preservation planning is at the heart of every successful historic preservation program. A preservation plan
guides preservation activities, with the goal being the productive use and preservation of significant historic resources for current and future generations. Successful plans are not
created in a vacuum — they are the result of hard work on the part of many individuals, organizations, governmental bodies, preservation professionals and elected officials who develop
and carry out a shared vision and agenda for preservation. Preservation planning incorporates the following principles: n Important historic properties cannot be replaced once they are
destroyed. Therefore, preservation planning facilitates continued use of these properties, preserving them in place, avoiding harm when possible and altering or destroying properties
only when necessary. Planning must begin even before completing the identification of all significant properties. Preservation planning includes public participation in an open forum
for discussion of preservation issues. Early and continuing public participation is essential to the broad acceptance of preservation planning decisions. n Planning is a dynamic process.
As new information becomes available and as local conditions change over time, it is essential to incorporate the new information, revising the plan as necessary to keep it current and
useful. n Preservation planning explores and connects historic preservation with other planning activities within an area, such as land-use, transportation, housing and economic development.
Preservation planning can occur at several levels: in a project area, in a neighborhood, in a community or county, or in the state as a whole. Depending on the scale, the planning process
involves different segments of the public and professional communities, and the resulting plans will vary in detail. For example, a statewide plan such as we have in Texas will likely
have more general recommendations than a plan for a neighborhood or a community. The Secretary of the Interior has issued standards and guidelines for preservation planning, both available
on the National Park Service’s web site. See www2.cr.nps.gov/pad/and www.cr.nps.gov/local-law/arch_stnds_1.htm. STATEWIDE PLAN The Texas Historical Commission (THC) spent the better
part of two years developing the statewide plan for Texas. In 1999, the THC held 23 “State of the State of Preservation” meetings across Texas where local preservationists shared their
vision for preservation in their communities. This was followed by a series of scientific random-sample questionnaires, developed 3-2 TEXAS HISTORICAL COMMISSION
through the University of Texas at Austin, asking about community preservation activities and needs. All 254 county historical commission chairs and more than 1,500 preservation leaders
across the state were asked to comment on what they needed to be effective at local and regional historic preservation. THC commissioners also visited with most of the state’s county
judges and solicited their input. With the help of a professional preservation planner, members and staff of the THC analyzed and synthesized the information gathered from the county
judges, the State of the State meetings and the questionnaire. Many of the results were shared at sessions during the 2000 Annual Historic Preservation Conference in San Antonio. The
culmination of this information was a draft preservation plan for the State of Texas, which was distributed to hundreds of members of the preservation community in Texas. It also appeared
on the THC web site to increase public access and provide for greater review and comment on the plan. After incorporating comments and making additional changes, THC commissioners approved
the final draft of the statewide plan in October 2001. The plan has five major goals: n Goal 1: Leadership/Teambuilding — Develop and sustain exceptional leadership qualities in both
public and private preservation organizations in the State of Texas. n Goal 2: Vision/Planning — Advocate a preservation vision at state, regional and local levels. n Goal 3: Education/Awareness
— Create statewide awareness, appreciation and effective utilization of historic preservation. n Goal 4: Resource Identification, Preservation and Interpretation — Expand efforts to
identify, preserve and interpret historic resources. n Goal 5: Resource Development — Develop and secure fiscal and human resources to accomplish preservation in Texas. The publication
containing the plan is entitled Preserving our Heritage: A Statewide Plan for Texas. Preservation organizations, including CHCs, should use it as a model to create their own preservation
plans based on the statewide goals. With a comprehensive preservation plan as the foundation, preservationists can more effectively preserve and protect Texas’ historic resources in
the 21st century. Appendix II contains a list of the objectives and strategies in the statewide plan for your reference. Preserving our Heritage: A Statewide Plan for Texas is available
on the THC web site, and hard copies may be obtained by contacting the THC’s Marketing Communications Division. VISIONING The THC has a program to assist in the development of preservation
plans. Known as the Visionaries in Preservation Program, it is explained in detail in Section 9, but the following introduces the philosophy behind the program: 3-3 TEXAS HISTORICAL
COMMISSION
3-4 TEXAS HISTORICAL COMMISSION The THC’s Visionaries in Preservation Program uses a process known as “visioning” to bring people together in a community, county or region to plan for
preservation. Visioning has been widely used across the country to develop holistic and unified community visions, goals and action plans. The program offers a unique opportunity for
communities in Texas to use the visioning process for developing their historic preservation goals and future. What is Visioning? Visioning is a process by which a community creates
an image of the future it wants and then plans how to achieve it. A vision statement is a formal expression of the overall image — it can be an illustration, photographs, a collage or
words depicting how the community will look in the future. An action plan is a series of goals, objectives and specific steps that a community will take to accomplish its vision. Three
Steps to Creating Your Preservation Vision Visioning is based on three steps. While the process is flexible and can be adapted to each community’s unique situation, following these steps
will result in the most comprehensive vision and action plan. 1) Profiling Preservation in your Community Key questions: Where are we now and where are we going? Products: preservation
profile and probable scenarios Identify the characteristics of preservation in your community pertaining to infrastructure (surveys, designations, ordinances and plans), assets (organizations,
volunteers and recent projects) and needs/issues. From this, determine current and projected trends and their future impact and what preservation in your community will probably look
like if trends continue. 2) Creating the Preservation Vision Key question: Where do we want to be? Product: preservation vision statement Develop a preservation vision statement that
articulates what your community wants to look like and become using its historic resources. The preservation vision is based on broad community input through workshops and community
meetings and illustrates what your community can look like if new responses to identified trends are set into action. 3) Developing a Preservation Action Plan Key question: How do we
get there? Product: preservation action plan The action plan is your community’s guide to achieving its preservation vision. It identifies specific goals, actions, timelines and responsibilities
that have been developed by task forces and community workshops.
Are You Ready for Visioning? Visioning takes approximately six months to one year and is accomplished through work groups and a series of workshops and meetings. To be successful, the
process must be community-driven and have a good base of energy and support. A good first step toward visioning is assembling a steering committee of stakeholders within the community,
identifying a leader and answering the following questions: n Why are we interested in visioning for preservation? n What do we hope to accomplish with the process? n How can visioning
improve existing community and/or regional preservation and planning efforts? Detailed information about the Visionaries in Preservation Program is available in Section 9 of this handbook.
For more information about visioning, contact the Community Heritage Development Division of the THC. SOURCES FOR FURTHER STUDY Printed materials A Guide to Community Visioning. The
Oregon Vision Project Team at the Oregon Chapter of the American Planning Association, 1993. “Community Visioning: A Tool for Managing Change,” Steven C. Ames. PAS Memo, Planning Advisory
Service, American Planning Association, Chicago, Illinois, July, 1996. “Comprehensive Plans: Making the Vision Come True,” Carolyn Kennedy. PAS Memo, Planning Advisory Service, American
Planning Association, Chicago, Illinois, July, 1992. Planning for the Future: A Handbook on Community Visioning. The Center for Rural Pennsylvania. www.ruralpa.org; Tel: 717/787-9555.
“Preparing a Historic Preservation Plan,” Richard Roddewig and Bradford White. PAS Report, no. 450 (1994). “Preservation Planning: Ensuring a Future for our Past,” Susan Henry Renaud.
Cultural Resource Management 23, no. 7 (2000):3. Saving Place: A Guide and Report Card for Protecting Community Character. Philip B. Herr. Boston: National Trust for Historic Preservation,
1991. The Community Visioning and Strategic Handbook. National Civic League (1996). 1445 Market Street, Suite 300, Denver, CO 80202; Tel: 800/223-6004. 3-5 TEXAS HISTORICAL COMMISSION
Web sites Community Visioning: Planning for the Future in Oregon’s Local Communities, Steven C. Ames www.asu.edu/caed/proceedings97/ames.html Planning Process Toolkit www.communitiesbychoice.org/reso
urces/planningtoolkit.cfm The Power of Vision: Making the Strategic Plan Come Alive www.arc.gov/infopubs/appalach/sepdec97/power.htm What’s in a Vision Statement? www.allianceonline.org/faqs.html
Historic Preservation Planning Program, National Park Service www2.cr.nps.gov/pad/3-6 TEXAS HISTORICAL COMMISSION
Section 4 Identifying Cultural Resources In this section, you will find information on cultural resource surveys, including why they are important, what they entail and how they are
used. CONTENTS Why Survey? ............................................................................................................................2 Types of Properties Identified
in a Survey ..................................................................................3 Undertaking a Survey ..................................................................................
.............................4 Theme Surveys .........................................................................................................................5 Cemetery Inventories
...............................................................................................................6 Sources for Further Study ............................................................
.............................................7 4-1
SECTION 4: Identifying Cultural Resources With the enactment of the National Historic Preservation Act in 1966, the Secretary of the Interior was authorized “to expand and maintain a
national register of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, and culture.” To help identify these potential National
Register properties throughout the nation, the Secretary was also authorized to grant funds to states for the purpose of preparing comprehensive statewide historic surveys and plans,
and federal agencies were required to locate, inventory and nominate properties under their ownership or control. In Texas, this process of surveying was begun by the Texas Historical
Commission (THC), then known as the Texas State Historical Survey Committee, in 1969. Since then, thousands of historically significant properties and archeological sites have been recorded
and photographed in the state. In vast areas of Texas, however, significant historic and cultural resources have yet to be recorded and identified. WHY SURVEY? To begin a strong preservation
program, a county historical commission should be aware of the historic and cultural resources within its county. Increasing competition for land use and uncertain economies in rural
and urban areas of the state leave the survival of many such resources in serious doubt. Although new construction will inevitably replace some of these properties, completion of a comprehensive
survey can lead to the development of a preservation plan that takes into account the relative importance of historic and archeological properties, including sites, buildings, structures,
objects and districts, in both rural and urban areas. A preservation plan can help channel growth into the least sensitive areas of the environment and limit the loss of valuable resources.
In addition to serving as a planning tool, a comprehensive survey can help locate potential Recorded Texas Historic Landmarks, State Archeological Landmarks, Historic Texas Cemeteries
and National Register properties and districts. A comprehensive survey also documents historic, aesthetic and visual relationships in the built environment that give each community its
unique character. Information and photographs generated by a survey create an enduring record of the present state of a community’s cultural heritage. Having survey information on hand
can help expedite federally funded or licensed projects in a community, in that data on National Register-eligible properties will be readily available to the federal agency, which must
identify and report such properties in the project area to the THC in compliance with Section 106 of the National Historic Preservation Act. Publication of information gathered by a
survey can be an indispensable aid in raising the awareness of civic leaders, citizens and visitors of a community’s cultural heritage and fostering a greater commitment to its preservation.
Note: archeological site data is considered restricted information and, as a protective measure, locations of archeological sites should not be made available to the general public.
4-2 TEXAS HISTORICAL COMMISSION
In summary, a survey can: n serve as a planning tool. n identify potential National Register properties, Recorded Texas Historic Landmarks, Historic Texas Cemeteries and State Archeological
Landmarks. n expedite federally funded or licensed projects in a community. n assist planning commissions, private preservation organizations and neighborhood groups in developing preservation
plans and creating historic zoning and landmark ordinances. n facilitate the creation of economic development programs with heritage tourism components. n create valuable historic photographic
archives. n raise awareness of a community’s cultural heritage. Or, more simply stated, you need to know what you have before you can determine what to preserve! TYPES OF PROPERTIES
IDENTIFIED IN A SURVEY Surveys of cultural resources should be as comprehensive as possible in their effort to record all the historic or archeological sites, buildings, objects, structures
and districts within a given geographical boundary. To an extent, surveys are usually oriented toward the identification of all properties that may be eligible for inclusion in the National
Register of Historic Places. This includes all resources that are of significance in American history, architecture, archeology and culture, and that are more than 50 years old. In cases
of exceptional importance, this 50-year criterion can be waived. In addition, keep in mind that with the passage of time, an increasing number of properties will fall within the 50-year
time range. For this reason, the THC recommends including more recent properties of local, state and national significance. And be inclusive of all aspects of your history! Following
is an explanation of each of the five property types identified in cultural resource surveys: n A building is a structure, such as a house, church, barn, store or hotel, that shelters
any form of human activity. The term “buildings” may refer to a historically related complex such as a courthouse and jail, or a house and barn (examples: the Electric Electric Building
in Fort Worth, Tarrant County; and the Old Cameron County Jail in Brownsville). n A structure is a man-made construction of interdependent and interrelated parts, organized in a definite
pattern. It is often a large-scale engineering project (example: the Colorado River Bridge in Bastrop County, a concrete and steel structure with three steel truss spans completed in
1923). n An object is a material thing of functional, aesthetic, cultural, historical or scientific value. It may be movable by nature or design yet related to a specific environment
or setting (example: the John H. Reagan Monument, sculpted in bronze by Pompeo Coppini in 1911, in Palestine, Anderson County). 4-3 TEXAS HISTORICAL COMMISSION
n A site is the location of a significant past event, activity, building or structure, usually of substantial archeological interest. An archeological site may contain the material remains
of ancient or recent historical activity. In fact, many historic buildings have associated archeological components (example: Kenney’s Fort (41WM465), an archeological site significant
for its association with the early settlement of the region between Austin and Round Rock and for events that affected the Republic of Texas during its decade of struggle from 1836–1845).
n A district is a geographically definable area, urban or rural, with a significant concentration, linkage or continuity of sites, buildings, structures or objects that are related historically
or aesthetically (examples: Elgin Commercial Historic District in Elgin, Bastrop County, encompasses the historic core of the central business district that was instrumental to Elgin’s
growth; and San Elizario Historic District in San Elizario, El Paso County, a cohesive group of buildings, structures and sites associated with this agricultural and commercial community
that began on the site of an 18th-century Spanish presidio). UNDERTAKING A SURVEY The Texas Historical Commission strongly advises any group planning to carry out a survey to contact
the survey coordinator in the History Programs Division as early in the process as possible. If the survey is intended to include the identification of archeological sites, contact the
Archeology Division. Although anyone may originate a survey project, the following groups are most likely to do so: n neighborhood associations n Main Street programs n city or county
governments n state and federal agencies n county historical commissions n local historical and/or archeological societies n nonprofit preservation organizations n avocational archeologists,
such as THC’s archeological stewards A survey involves the following key steps: n Define the area to be surveyed, whether it is a site, neighborhood, community, county or region. n Identify
broad historic contexts for the area. Consider the multitude of factors that went into the development of the area, including geography, settlement, transportation, physical development
and building patterns, industry and commerce, social history/prehistory and cultural patterns. n Research the survey area. Look for primary and secondary source materials in libraries,
museums, archives, state and local historical societies, state, city and county governmental records. 4-4 TEXAS HISTORICAL COMMISSION
n Consult with local informants who are familiar with the survey area. n Conduct fieldwork by finding, mapping, photographing and assessing properties in the defined survey area. n Prepare
a final report that includes the historical background, data gathered during the survey and recommendations for future work or potential designations. A copy of the final report should
be filed with the THC, where the state’s most comprehensive collection of survey data can be found, in addition to county or city planning departments and your county museum, library
or CHC archives. Remember archeological site data is considered restricted information and should not be made available to the general public. The THC strongly encourages the use of
professional preservation consultants to conduct architectural surveys. Archeological surveys must be carried out by a qualified archeologist, or you may contact one of the archeological
stewards in your region to assist with the survey of an archeological site (contact the Archeology Division for assistance). The best way to find a qualified consultant is to check with
other organizations or communities that have undertaken similar projects for their advice and recommendations. You may also review the THC guide, Finding and Hiring Qualified Preservation
Consultants, available in hard copy from the THC or on the THC web site. The THC offers two sources of funding for survey work: Certified Local Government grants and Texas Preservation
Trust Fund grants. See Section 9 of this handbook for more information on these grant programs. THEME SURVEYS From time to time, the county historical commission may be called upon to
provide information on particular types of resources in your county or to identify resources in danger of being permanently lost. Such surveys are thematic, rather than comprehensive,
in nature and may be conducted to raise awareness for a particular type of resource. In past years, CHCs have been asked to help the THC identify such resources as Rosenwald Schools,
outdoor sculpture, cemeteries, transportation-related properties (for example, depots and bridges) and endangered properties. Other types of resources for which theme surveys would be
appropriate might include schoolhouses, religious buildings, military sites or Works Progress Administration (WPA) properties. Of course, responses to such requests for information on
particular types of resources are much easier to provide if your county, community or neighborhood has already undertaken a comprehensive survey of historic and cultural resources. Appendix
II contains a list of World War II-related topics that the THC has marked or designated, and museums that feature World War II exhibits. This information was gathered using resources
at the THC; a possible survey-type project the THC might ask from a CHC would be to verify this information and make any additions or corrections to the list. 4-5 TEXAS HISTORICAL COMMISSION
CEMETERY INVENTORIES One special type of survey is a cemetery inventory, that is, a recording of the resources (grave markers, fences, buildings, etc.) within the boundaries of a cemetery.
An inventory conducted before time, neglect and/or vandalism have taken their toll can help preserve the valuable stories that a cemetery can relate. Following is one method to inventory
cemeteries: 1) Create a map of the cemetery grounds that includes the location of trees, bushes, fences, gates and other landscape features. Note the location and orientation of each
grave marker, mausoleum, crypt and monument. Include the orientation of all marked and unmarked graves. Assign each physical feature (i.e., headstones, footstones, fences, benches, etc.)
a control number that will tie together the written, photographic and map records. 2) Make a written record that includes the following information: control number, date of record, name
of cemetery, type of marker (headstone, footstone, crypt, obelisk, etc.), size of marker, description of material used to make the marker (limestone, granite, marble, wood, iron, zinc,
etc.), condition of the stone, name of deceased, vital dates, description of carving, exact inscription and any other identifying characteristics. 3) Record each headstone in a systematic
method. Divide the cemetery into sections and record the graves down the rows. After completing a section, spot check it to make sure nothing was missed. Have another person recheck
the recorded information against the stones for errors. To read partially obscured inscriptions, try recording information in the morning. Most grave markers face east, and the morning
sun may make inscriptions more legible. When it is not practical to record in the morning, use a mirror to angle the sun onto the grave marker to illuminate indistinct letters and numbers.
Never use chalk or talc on the face of a stone grave marker. Contrary to popular belief, chalk and talc do not always wash away and often damage the delicate stone. 4) Photograph the
grave marker, labeling the photograph with the control number. It is best to use 35-mm, black-and-white, slow-speed film (about 100 ASA). Black-and-white photographs do not fade as quickly
as color photos, and the slow-speed film usually provides a sharper image. 5) If a computer is available, the inventoried information can easily be stored and retrieved using word processing
or database software. Members of a community computer club or a computer student needing a challenging project may be able to provide some database expertise. For sample survey forms
or more information about documenting historic cemeteries, contact the Cemetery Preservation Office in the History Programs Division at the THC. 4-6 TEXAS HISTORICAL COMMISSION
SOURCES FOR FURTHER STUDY n For information on architectural surveys and cemetery inventories contact the History Programs Division. New standardized survey forms and a survey manual
are in the planning stages. Contact the survey coordinator in the History Programs Division for more information. n For information on archeological surveys, contact THC’s Archeology
Division. n Guidelines for Local Surveys: A Basis for Preservation Planning (National Register Bulletin #24, Washington, DC, 1977), available from the National Park Service or at www.cr.nps.gov/nr/pu
blications/bulletins/nr15_4.htm#building. n Secretary of the Interior’s Standards for Identification, available from the National Park Service or at www.cr.nps.gov/local-law/arch_stnds_2.htm.
n Finding and Hiring Qualified Preservation Consultants. Available from the THC at www.thc.state.tx.us. n National Park Service. Guidelines for Local Surveys: A Basis for Preservation
Planning. National Register Bulletin #24. Washington, D.C.: National Park Service. n Texas Historical Commission. Archeological Survey Standards for Texas. Fact sheet available from
the Texas Historical Commission. n Texas Historical Commission. Preserving Historic Cemeteries. Texas Preservation Guidelines series. Austin, TX: Texas Historical Commission, 2001. 4-7
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Section 5 Evaluating and Designating Cultural Resources In this section, you will find information about designating architectural and archeological properties through national, state
and local processes. CONTENTS National Register of Historic Places .........................................................................................2 Types of Properties that
Can be Listed ......................................................................................2 Criteria for Listing ............................................................................
........................................3 Nomination Procedure in Texas ................................................................................................4 Recorded Texas
Historic Landmark .........................................................................................5 Types of Properties that Can be Designated ...............................................
...............................6 Criteria for Designation ............................................................................................................6 Designation Procedure
.............................................................................................................6 State Archeological Landmark ...........................................................
.......................................7 Types of Properties that Can be Designated ..............................................................................7 Criteria for Designation
............................................................................................................7 Designation Procedure ...................................................................
..........................................9 Historic Texas Cemetery ........................................................................................................10 Types of
Properties that Can be Designated .............................................................................10 Criteria for Designation ............................................................
..............................................10 Designation Procedure ...........................................................................................................10
National Historic Landmarks .................................................................................................11 Local Designations ....................................................
.............................................................11 Sources for Further Study .......................................................................................................11
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SECTION 5: Evaluating and Designating Cultural Resources Once historic and archeological resources have been identified through a comprehensive survey, the next step is to evaluate them
and assess their worthiness for preservation. Unfortunately, not every historic property can be saved, but you will not know which properties are worth fighting for unless you know which
are most important and/or are eligible for historical designation. Through the evaluation and designation process, properties important to your community and county can be identified
as worthy of preservation. The Texas Historical Commission (THC) administers four historical designations: n National Register of Historic Places n Recorded Texas Historic Landmark n
State Archeological Landmark n Historic Texas Cemetery Any resource that meets the individual significance criteria may qualify for one or more of these designations. Award of one status
does not exclude the others, and resources may be accorded protection under any or all of the designations for which they are eligible. The county historical commission has the greatest
contact with the Recorded Texas Historic Landmark designation, since that designation is part of the state historical marker process. However, it is important the CHC understands the
criteria for each designation, is aware of how each is achieved and knows which properties in its county carry historical designations. NATIONAL REGISTER OF HISTORIC PLACES The National
Register of Historic Places is the nation’s inventory of properties deemed worthy of preservation. It is part of a national program to coordinate and support public and private efforts
to identify, evaluate and protect our historic and archeological resources. Properties of state and local, as well as national, significance are selected. Together they provide a comprehensive
index of the diversity of our American heritage. The process of listing a property in the National Register of Historic Places is jointly conducted by the federal government, represented
represented by the National Park Service of the Department of the Interior, and the individual states, represented by the State Historic Preservation Officer (SHPO). In Texas, the executive
director of the Texas Historical Commission is the SHPO. Types of Properties that Can be Listed n Buildings n Structures 5-2 TEXAS HISTORICAL COMMISSION
n Objects n Sites n Districts The categories listed above may also be combined into a multiple property nomination to the National Register. A multiple property nomination may include
all historic and/or prehistoric properties within a given geographic area (such as a city or county) that are eligible for nomination (example: the Historic and Architectural Resources
of Corsicana, Navarro County). Criteria for Listing National Register criteria are designed to guide the officials of the National Register, SHPOs, federal agencies, local governments,
preservation organizations and members of the general public in evaluating properties for listing in the National Register. To be listed, properties generally must be at least 50 years
old and retain their historic character. Furthermore, properties must: n be associated with important events that have contributed significantly to the broad patterns of our history
(Criterion A), or n be associated with the lives of persons significant in our past (Criterion B), or or n embody the distinctive characteristics of a type, period or method of construction;
or represent the work of a master; or possess high artistic values; or represent a significant and distinguishable entity whose components may lack individual distinction (Criterion
C), or n have yielded, or be likely to yield, information important in prehistory or history (Criterion D). Besides meeting one or more of these National Register criteria, a property
must also have integrity of location, design, setting, materials, workmanship, feeling and association. This means that if a property has been dramatically altered or its setting has
been lost, it is probably not eligible for the Register. Certain properties are not ordinarily considered eligible for inclusion in the National Register. These include religious properties,
cemeteries, birthplaces or graves of historical figures, properties that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative
in nature, properties that have had unsympathetic or inappropriate modifications and properties that have achieved significance within the past 50 years. Such properties will qualify
if they are integral parts of districts that do meet the criteria, or if they fall within one or more of the following categories: n A religious property deriving primary significance
from architectural or artistic distinction or historical importance. n A building or structure removed from its original location but which is significant for architectural value, or
which is the surviving structure most importantly associated with a historic person or event. n A birthplace or grave of a historical figure of outstanding importance if there is no
other appropriate site or building directly associated with his or her productive life. 5-3 TEXAS HISTORICAL COMMISSION
n A cemetery that derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features or from association with historic events.
n A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or
structure with the same association has survived. n A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance.
n A property achieving significance within the past 50 years if it is of exceptional importance. Owner permission is required for listing private property in the National Register of
Historic Places. In the case of a historic district nomination, at least 50 percent of the property owners must approve the listing. Nomination Procedure in Texas The process of listing
a property in the National Register of Historic Places is coordinated among the applicant, the THC and the National Park Service (NPS). County historical commissions are not a formal
part of the process, unless they have been designated as a Certified Local Government (see Section 9); however, CHCs are notified by letter when properties in their counties are being
presented for nomination. Information and documentation required by the NPS is very specific, and the obligation for providing a fully documented nomination rests with the applicant.
The usual steps for National Register listing are: 1) Applicant submits information to the THC for a preliminary determination of eligibility. Staff requests the following materials:
n current photographs of the property (not digital or Polaroid images) n date of construction and other significant dates (such as dates of alterations) n overview of the property’s
history n biographies of significant persons, if applicable n current and historic maps and plans n copies of historic photos If THC staff determines the property eligible, the applicant
will receive forms and instructions. This preliminary review is not binding — it merely facilitates requests and discourages the investment of time and money in properties that fall
short of the federal criteria. For districts or multiple property nominations, THC staff will make a site visit. 2) Applicant prepares a fully documented and completed National Register
nomination form filled out in accordance with THC and NPS guidelines and submits it to the THC. Whether prepared by a professional consultant or by a property owner or other group, the
nomination must meet accepted professional standards. The THC staff can provide further guidance on the required content of the submissions. 5-4 TEXAS HISTORICAL COMMISSION
3) The THC’s History Programs Division staff is responsible for reviewing, editing and processing nominations. The staff will specify any additional information or revisions needed to
complete the nomination, but cannot make major revisions or provide detailed critiques of inadequate nominations and will not submit substandard nominations to the National Register.
4) Once all components of a nomination are received and a final draft is prepared, THC staff schedules the nomination for consideration by the State Board of Review, a citizens committee
of experts in the fields of Texas architecture, history, archeology and related disciplines. Final drafts must be received by the THC at least 45 days (75 days for properties in Certified
Local Government communities) in advance of the meeting date in order to comply with legal notification requirements. THC staff cannot guarantee the placement of a nomination on the
State Board of Review agenda until staff reviews and approves the final draft. The board meets at least three times annually in open session to evaluate each nominated property according
to the National Register criteria for evaluation. The board may vote to accept, reject or postpone a nomination. Postponed nominations may be scheduled for a rehearing. Rejected nominations
may be appealed to the Keeper of the National Register at NPS. 5) If the property is recommended for nomination, THC staff, with assistance from the applicant, performs any additional
revisions requested by the board, completing final formatting of all nominations on archival paper. After signature by the State Historic Preservation Officer (THC executive director),
the nomination is forwarded to the Keeper of the National Register at NPS. Upon receipt of the nomination, NPS posts the nomination in the Federal Register and, in most cases, lists
it within 45 days. National Register plaques are available but not required for properties listed individually or as contributing members of a National Register district. See Section
7 for more more information on National Register plaques. For information on protection afforded by National Register listing, see Section 6. For a list of registered properties in your
county, contact the History Programs Division of the THC; visit the THC’s Texas Historic Sites Atlas at www.atlas.thc.state.tx.us; or check the National Register web site at www.cr.nps.gov/nr.
RECORDED TEXAS HISTORIC LANDMARKS Authorized by the Texas Legislature under the Texas Government Code (Chapter 442), the Recorded Texas Historic Landmark (RTHL) designation is awarded
to historic buildings and structures deemed worthy of preservation for their architectural integrity and historical associations. Properties so designated are afforded a measure of legal
protection and become part of the recorded history of the state’s built environment. In conjunction with federal and local designations, RTHL status for a community’s historic structures
can be an effective planning and preservation tool. The RTHL designation process is administered administered as part of the THC’s History Programs Division; designation is conveyed
by an Official Texas Historical Marker and comes only 5-5 TEXAS HISTORICAL COMMISSION
through participation in the marker process. The landmark status is denoted by any of the following: n the Official Texas Historical Building Medallion n the Official Texas Historical
Building Medallion with accompanying interpretive plaque n an Official Texas Historical Subject Marker when the final line of the inscription reads “Recorded Texas Historic Landmark”
Types of Properties that Can be Designated n Buildings n Structures Criteria for Designation In order to qualify for RTHL status, a property must meet the following criteria: n Be at
least 50 years old n Retain its architectural integrity from a period of at least 50 years ago n Be in a good state of repair n Be an exemplary model of preservation n Have documented
historical associations A property cannot be considered for RTHL designation if: n it has been moved in the past 50 years, or n artificial (aluminum, asbestos, vinyl, etc.) siding has
been applied to the exterior in the past 50 years. Only the exterior of the building is considered in the RTHL evaluation. Owner permission is required to secure the designation, but
once designated, the property remains an RTHL even upon a transfer of ownership. Whether vernacular or architect-designed, if the structure has retained integrity and if its history
can be documented and presented according to Official Texas Marker Policy guidelines, it is a likely candidate for designation. Designation Procedure 1) Obtain the Official Texas Historical
Marker Guidelines and application form (available from the History Programs Division or on the THC web site). 2) Prepare a documented narrative history, and gather photographs and maps
as required in the guidelines. 3) Complete the marker application form, including signature of property owner giving permission for designation and placement of the marker. 4) Have the
county historical commission review, approve and sign the marker application. 5) Forward the marker application packet to the Texas Historical Commission for processing. 5-6 TEXAS HISTORICAL
COMMISSION
If you would like a preliminary opinion on whether a particular property meets RTHL criteria, please send snapshots (no digital or Polaroid images, please) of all sides to the History
Programs Division, as well as a cover letter giving a brief history of the building. For more detailed information about the marker process, refer to Section 7 of this handbook. For
information on restrictions conveyed with the RTHL designation, see Section 6. For a list of RTHLs in your county, contact the THC’s History Programs Division or visit the THC’s Texas
Historic Sites Atlas at www.atlas.state.tx.us. STATE ARCHEOLOGICAL LANDMARK Designation as a State Archeological Landmark (SAL) under the Antiquities Code of Texas offers historic properties
the most thorough protection available, in that any work affecting such landmarks must by law conform to prevailing standards of archeological investigation or historic preservation,
and must be reviewed and permitted by the THC. Types of Properties that Can be Designated n Historic structures that are listed in the National Register n Prehistoric and historic archeological
sites, including cemeteries n Archeological caches or collections of artifacts n Shipwrecks Criteria for Designation All properties nominated for SAL designation must either be in public
ownership (state, county, city, independent school district, water board, etc.) or in private ownership with the consent of the owner. The different criteria for evaluating historic
structures, archeological sites, caches or collections, and shipwrecks are outlined below: Criteria for Evaluating Historic Structures Historic structures must be listed in the National
Register of Historic Places prior to their designation as SALs. In addition, the structure or building must fit within at least one of the following criteria: n is associated with events
that have made a significant contribution to the broad patterns of our history; n is associated with the lives of persons significant in our past; n is important to a particular cultural
or ethnic group; n is the work of a significant architect, master builder, or craftsman; n embodies the distinctive characteristics of a type, period, or method of construction, pos-5-7
TEXAS HISTORICAL COMMISSION
sesses high aesthetic value, or represents a significant and distinguishable entity whose components may lack individual distinctions; or n has yielded or may be likely to yield information
important to the understanding of Texas culture or history. Criteria for Evaluating Archeological Sites The THC uses one or more of the following criteria when assessing the appropriateness
of archeological sites for SAL designation: n the site has the potential to contribute to a better understanding of the prehistory and/or history of Texas by the addition of new and
important information; n the site’s archeological deposits and the artifacts within the site are preserved and intact, thereby supporting the research potential or preservation interests
of the site; n the site possesses unique or rare attributes concerning Texas prehistory and/or history; n the study of the site offers the opportunity to test theories and methods of
preservation, thereby contributing to new scientific knowledge; n the high likelihood that that vandalism and relic collecting has occurred or could occur, and official landmark designation
is needed to ensure maximum legal protection, or alternatively, further investigations are needed to mitigate the effects of vandalism and relic collecting when the site cannot be protected.
Criteria for Evaluating Caches and Collections Caches and collections of artifacts may be considered significant and be recognized or designated as SALs, provided that at least one of
the following conditions is met: n the cache or collection was assembled with public funds or taken from public lands; n preservation of materials is adequate to allow the application
of standard archeological or conservation techniques; n the cache or collection must be of research value, thereby contributing to scientific knowledge; or n the cache or collection
is of historic value or contributes to a theme. Criteria for Evaluating Shipwrecks Shipwrecks may be considered significant and be recognized or designated as SALs provided the following
conditions are met: n the shipwreck is located on land owned or controlled by the state of Texas or one of its political subdivisions; and n the shipwreck is pre-twentieth century in
age; and n the remains consist of a shipwreck sunken, abandoned, or a wreck of the sea, or are represented by the ship’s contents or related embedded treasure. 5-8 TEXAS HISTORICAL COMMISSION
Designation Procedure Any public agency, interested citizen or preservation group, including county historical commissions, may initiate the nomination of a property as an SAL. It is
not required that the owner of public property concur with the action of the THC before a property may be designated, but the public agency is afforded the opportunity to comment on
the designation and has rights of appeal. It is required that private property owners give consent to the SAL nomination of any site or structure on their land. If a third-party private
individual or private group desires to nominate a site or building on public land owned by a political subdivision, they must first publish notice of their intent (in 12 point boldface
type) in a newspaper of general circulation published in the town, city or county of the site or building. The notice must include the exact location of the property to be nominated
and include the name of the nominator(s). An original copy of the notice and an affidavit of publication publication signed by the newspaper’s publisher must be sent to the THC with
the nomination materials. If the property owners or land-controlling public agency desires to nominate a site or building on its own property, no newspaper announcement is required.
The Application for Nomination Form, available from the THC’s Archeology Division, and all pertinent information must be completed and submitted to the THC at least 30 days prior to
the next THC commissioners’ meeting. Once THC staff has reviewed and evaluated the nomination materials and it is determined the nomination will be placed on the agenda for the next
THC commissioners’ meeting, the following steps occur: 1) Notification is sent to the property owner(s) or land-controlling agency that a nomination of the site(s) will be presented
before the THC on a certain date at an open public meeting. 2) The nomination is presented to the THC at an open meeting (no vote is taken). 3) The property owner(s) or land-controlling
agency is notified in writing that the nomination has been presented to the THC, during which time all concerned parties may present evidence in support of or against designation of
the property. 4) A minimum of 30 days lapses after the nomination before a designation vote is taken at an open public meeting of the THC. The property owner(s) or land-controlling agency
receives at least 15 days’ advance notice of the public meeting. 5) All parties are afforded an opportunity to speak for or against designation at the public meeting prior to the THC
vote. 6) If designation occurs, the property owner or land-controlling agency is notified in writing. The Antiquities Advisory Board (AAB), composed of citizen members, serves as an
advisor to the Texas Historical Commission in matters pertaining to the Antiquities Code of Texas. The AAB hears nominations prior to their formal presentation to the THC and makes recommendations
on their worthiness for designation. County historical commissions can play the most valuable role when public property is is being nominated. Experience has shown that public officials
are much more inclined to embrace historic preservation when they know their constituency is supportive. 5-9 TEXAS HISTORICAL COMMISSION
Markers are currently neither available nor required for State Archeological Landmark designation. For more information on the protection afforded SALs, please see Section 6. The location
of SALs is not public information, due to the sensitive nature of the data and to discourage looting of archeological sites; however, inquiries as to the status of specific sites may
be disclosed to qualified professionals. HISTORIC TEXAS CEMETERY The THC developed the Historic Texas Cemetery designation to address the problem of the destruction and illegal removal
of Texas’ historic cemeteries. The designation cannot guarantee a cemetery will avoid destruction, but official recognition of these family and community landmarks highlights their importance
and promotes an attitude of respect and reverence by neighboring landowners and the general citizenry that could encourage further preservation of these unique resources. Historic Texas
Cemetery designation results in the legal recording of a cemetery in the county deed records, which helps to notify future landowners of its presence on the property. Any individual,
organization or agency may submit an application. Upon receipt of the application, the THC will notify property owners who share common borders with the cemetery of the proposed designation
via certified mail. While county historical commissions are not formally part of the designation process, CHCs are notified when the THC receives an application for Historic Texas Cemetery
designation in their county. Types of Properties that Can be Designated n Cemeteries n Single gravesites Criteria for Designation n Be at least 50 years old n Be deemed worthy of preservation
for historical associations as documented through the Historic Texas Cemetery designation application Designation Procedure 1) Obtain the Historic Texas Cemetery designation guidelines
and application form, available from the History Programs Division of the THC or on the THC web site. 2) Research the history of the cemetery. 3) Complete application form and submit
it with all required attachments and a processing fee of $25 to THC. 5-10 TEXAS HISTORICAL COMMISSION
4) If approved, an Affidavit of Designation for Cemetery Purposes will be mailed to the applicant, who is then responsible for taking it to the county clerk for recording. 5) The applicant
submits certification to the THC that the instrument has been recorded, at which time the designation becomes effective. 6) The THC staff will issue the applicant a certificate upon
receipt of the copy/copies of the recorded Affidavit of Designation for Cemetery Purposes. Cemetery markers are available but not required for the designation. See Section 7 for more
information on the markers available. The Historic Texas Cemetery designation does not restrict in any way the public use or private owner’s use of the land adjacent to the cemetery.
See Section 6 for more on cemetery laws. For a listing of Historic Texas Cemeteries in your county, visit the list of designated cemeteries on the THC web site or contact the History
Programs Division. NATIONAL HISTORIC LANDMARKS National Historic Landmarks (NHL) are nationally significant historic places designated by the Secretary of the Interior because they possess
exceptional value or quality in illustrating or interpreting the heritage of the United States. Fewer than 2,500 historic places bear this national distinction. The NHL program works
with citizens across the country, drawing upon the expertise of National Park Service staff who works to nominate new landmarks and provide assistance to existing landmarks. The NHL
Stewards Association, a “Friends” group of owners and managers, also works to preserve, protect and promote NHLs. A list of NHLs in Texas appears in Appendix II, or visit the NHL web
site at www.cr.nps.gov/nhl/. LOCAL DESIGNATIONS In addition to the federal and state designations outlined above, some municipalities allow designations of local historic landmarks or
districts. These may convey certain restrictions upon property owners to maintain the integrity of the community’s historic areas and significant properties. The THC does not administer
local designations, so check with your local planning office for more information. SOURCES FOR FURTHER STUDY n Poppeliers, John, S. Allen Chambers, Jr., and Nancy Schwartz. What Style
Is It: A Guide to American Architecture. New York: John Wiley & Sons/Preservation Press, 1995. 5-11 TEXAS HISTORICAL COMMISSION
n Blumenson, J.-G. Identifying American Architecture: A Pictorial Guide to Styles and Terms, 1600–1945. Nashville, TN: AltaMira Press, 1981. n McAlester, Virginia Savage Talkington.
A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. n Hardesty, Donald L., and Barbara J. Little. Assessing Site Significance: A Guide for Archaeologists and Historians.
Heritage Resource Management Series #3. Nashville, TN: AltaMira Press, 2000. n Henry, Jay, C. Architecture in Texas: 1895–1945. Austin, TX: University of Texas Press, 1993. n The Nearby
History Series of the American Association for State and Local History contains a number of titles of interest. Available from AltaMira Press, Nashville, TN. Titles include: Kyvig, David
E., and Myron A. Marty. Nearby History, 2nd ed. Butchart, Ronald E., Local Schools: Exploring Their History Howe, Barbara J., Dolores A. Fleming, Emory L. Kemp, and Ruth Ann Overbeck.
Houses and Homes: Exploring Their History Danzer, Gerald A. Public Places: Exploring Their History History Wind, James P. Places of Worship: Exploring Their History Kerr, K. Austin,
Amos J. Loveday, and Mansel G. Blackford. Local Businesses: Exploring Their History n The National Register offers a variety of publications to further assist you. For a full list of
titles, see www.cr.nps.gov/nr/publications. n Texas Historical Commission publications, applications and fact sheets on evaluating and designating cultural resources: Application for
State Archeological Landmark Nomination Historic Texas Cemetery Designation Guidelines Historical Designations fact sheet National Register of Historic Places fact sheets Official Texas
Historical Marker Guidelines Recorded Texas Historic Landmark brochure Remembering Texas: Guidelines for Historical Research 5-12 TEXAS HISTORICAL COMMISSION
Section 6 Protecting Cultural Resources In this section you will learn about protection offered through historical designations, the Section 106 review process, protecting archeological
sites on private and public lands, cemetery laws and other state and federal tools designed to preserve cultural resources for present and future generations. CONTENTS Historical Designations
............................................................................................................2 National Register of Historic Places ....................................................
......................................2 Recorded Texas Historic Landmarks ........................................................................................3 State
Archeological Landmarks ................................................................................................3 Historic Texas Cemeteries ...................................................
.....................................................5 Historic County Courthouses ...................................................................................................5
Section 106 Review ..................................................................................................................6 Background .....................................................
.........................................................................6 The Section 106 Review Process .............................................................................................
..7 How County Historical Commissions Can Help ......................................................................8 Protecting Archeological Sites on Private Land .................................
........................................9 How County Historical Commissions Can Help .....................................................................10 Cemetery Laws ............................
..........................................................................................11 Ownership ................................................................................................
.............................11 Dedication .............................................................................................................................12 Abandonment
........................................................................................................................12 Guardianship ...............................................................
..........................................................12 Access ...................................................................................................................................
13 Local Jurisdiction ...................................................................................................................13 Penalties .................................................
...............................................................................13 Other State and Federal Preservation Tools ..........................................................................
...14 Preservation/Conservation Easements .....................................................................................14 Deed Restrictions ...................................................
................................................................15 Local Ordinances ...................................................................................................................
15 Antiquities Code of Texas .......................................................................................................15 Sources for Further Study ......................................
.................................................................16 6-1
SECTION 6: Protecting Cultural Resources A number of tools and laws are available to the county historical commission to protect cultural resources. HISTORICAL DESIGNATIONS An effective
method of preserving many of Texas’ historic and prehistoric properties, as well as planning for their future, is through the designation process. The Texas Historical Commission offers
various types of historical designations for properties (see Section 5) and all offer different forms of protection under the law. National Register of Historic Places Listing in the
National Register denotes that a property is especially worthy of preservation but comes with few strings attached. National Register listing in and of itself provides no protection
for a listed property. For example, the National Register does not: n require the owner to provide public access; n obligate the owner to maintain the property; or n impose restrictive
covenants (unless grant or tax assistance is accepted). However, the National Register is a stepping-stepping-stone to other protective measures. For example: n National Register eligibility
triggers a review of the effects of any federal undertaking (see information on Section 106 later in this chapter). n Through the federal tax incentive program, income-producing properties
listed in the National Register are eligible for tax credits for qualifying rehabilitation work. Once tax credits have been granted, the owner is responsible for seeing that the property
is preserved for a period of time. n Many local ordinances include National Register listing as a foundation for local landmark designation or automatically include National Register
properties as falling under the protective measures of the local law. National Register designation also qualifies listed buildings in Texas for a sales tax exemption for real property
repair, restoration and remodeling services [Texas Administrative Code, Title 34, Part 1, Chapter 3, Subchapter O, Rule §3.357 (c)(4)]. For further information about this tax exemption,
please contact the Texas Comptroller of Public Accounts at 800/252-5555. If you need a letter certifying the property’s status in the National Register, contact the THC’s History Programs
Division. Standards for work affecting National Register properties. The Secretary of the Interior’s Standards for the Treatment of Historic Properties (see Appendix II) should be the
guideline for National Register properties, although this is not a requirement of National Register listing. 6-2 TEXAS HISTORICAL COMMISSION
Work performed on National Register properties accepting state or federal grant assistance or participating in the federal tax credit program will be required to meet the standards,
however. Recorded Texas Historic Landmarks As discussed in Section 5, the Recorded Texas Historic Landmark (RTHL) designation recognizes buildings and structures as worthy of preservation.
Therefore, it is important that these structures, especially once they are designated, retain their basic architectural integrity. Chapter 442, Section 442.006(f) of the Texas Government
Code requires a person to notify the Texas Historical Commission at least 60 days prior to making any changes to a Recorded Texas Historic Landmark that would damage the structure’s
historical or architectural integrity. Such changes would entail significant exterior cosmetic or structural alterations, including relocation or demolition. After receiving the notification,
the THC may waive the remainder of the 60-day waiting period or may extend it for up to an an additional 30 days if the extension would enhance the building’s chances for preservation.
Once all waiting periods have expired, the person must proceed with the changes within the next 180 days or else the notification is deemed to have expired. Since the RTHL designation
applies only to the exterior of a building, only changes to the outside fall under this law. To ensure the continued landmark designation, the THC strongly encourages owners considering
changes to their buildings to contact the THC’s Architecture Division as early in the planning process as possible. THC project reviewers can provide technical assistance and referrals
for sources of hard-to-locate materials. In addition, by consulting with staff early, property owners can avoid incorporating treatments that may be inappropriate for or destructive
to the particular historic landmark. Appendix III includes a state map indicating the name and phone number for the THC architectural project reviewer in each region. If appreciable
or unwarranted changes are made on a landmark structure, the THC may withdraw the designation and the marker. If prior notification of the changes is not received as required by law,
a fine of $50 to $1,000 may be assessed for each day of the violation. The RTHL law applies only to properties with markers conveying the Recorded Texas Historic Landmark designation,
not to subject markers, which are solely educational in nature. CHCs can help by keeping up to date on which properties in their county are designated RTHL; by making an annual survey
and photographic record of their condition; and by educating the public, especially new owners of RTHL properties, to the provisions of the RTHL law. Standards for work affecting RTHLs.
The THC has adopted the Secretary of the Interior’s Standards for the Treatment of Historic Properties as the standard by which exterior work to RTHLs should be carried out (see Appendix
II for a list of the standards). State Archeological Landmarks (Antiquities Code of Texas) The Antiquities Code of Texas regulates work that could affect publicly owned buildings, structures
and archeological sites. These types of cultural resources may also be officially designated as State Archeological Landmarks (SAL) under the Antiquities Code of Texas. Of all designations
administered by the THC, the SAL designation affords the most protection for 6-3 TEXAS HISTORICAL COMMISSION
cultural resources. Any undertaking that will affect a designated SAL must receive a THCissued Antiquities permit before work can take place. Following is a summary of the protective
measures afforded SALs under the Antiquities Code of Texas (Natural Resources Code, Title 9, Chapter 191): Measures that apply to all SAL Properties: n Property owners retain ownership
of the property and can transfer title, but the designation is permanent and can only be removed by the THC. n Private property owners must agree to abide by the THC’s rules and standards
and to enact a deed restriction to that effect. Measures that apply only to archeological sites: n Archeological surveys and excavations carried out on public lands belonging to the
state, counties, cities or other local governmental bodies must be conducted under an Antiquities permit issued by the THC. The permitting process is the mechanism by which the THC monitors
the work and ensures projects are carried out to acceptable standards by qualified professional archeologists. n All investigations on private sites designated as SALs must also be performed
under an Antiquities permit. n Property owners may continue to use the site area as it has traditionally been used (i.e., grazing, plowing, etc.), but cannot change the use to one that
will cause new damage without review and approval by the THC. n Private property owners are legally responsible for filing notice of the landmark designation with their county clerk
once the designation has occurred. Failure to provide this information to the county could result in an invalidation of the designation if contested in a court of law, or it might even
result in a loss of conviction against a looter or pothunter. n Property owners or their local law enforcement officials are responsible for filing charges against vandals (pothunters)
that damage their landmark. The THC does not have direct prosecutorial authority but can work through the Texas Attorney General’s office to assist owners with prosecutions. The following
apply to buildings and structures: n Antiquities permits are required for work beyond normal maintenance on the exterior and public interior of buildings that have been formally designated
as landmarks under the Antiquities Code. n State agencies must notify the THC at least 60 days in advance of a proposed alteration, renovation or demolition of any state-owned building
constructed 50 or more years ago. Completion reports for Antiquities permits on buildings and structures are maintained in the THC’s files. Final reports are required under archeological
Antiquities permits and are distributed to seven central university libraries around the state. Artifacts resulting from such 6-4 TEXAS HISTORICAL COMMISSION
projects remain public property and are curated at qualified museums and institutions so they remain available for public display and scholarly study in the future. Standards for work
affecting SALs. For architectural sites, the standards adopted by the THC are the Secretary of the Interior’s Standards for the Treatment of Historic Properties (see Appendix II). Standards
for archeological sites are in Chapter 26 of the rules of the Texas Historical Commission and in the Guidelines for Professional Performance, Reporting, and Curation prepared by the
Council of Texas Archeologists. Copies of the archeological standards are available from the THC’s Archeology Division or on the THC web site. Historic Texas Cemeteries The THC developed
the Historic Texas Cemetery designation to address the problem of destruction and illegal removal of historic cemeteries. The designation in and of itself conveys no additional measure
of protection for cemeteries, nor can it guarantee a cemetery will not be destroyed. However, official recognition of these community landmarks highlights their importance and promotes
an attitude of respect by neighboring landowners and citizens, thus encouraging their further preservation. The Historic Texas Cemetery designation in no way restricts the public use
or private owner’s use of land adjacent to the cemetery. For more information, see the entry on cemetery laws in this section of the handbook. Historic County Courthousess Sitting prominently
in public squares across Texas are county courthouses that serve as the seats of local government and the social centers of their communities. They are symbolic of the pride and independent
spirit of early Texans. More than 200 historic courthouses survive today, many of which display some of the finest architecture and craftsmanship in the nation. Unfortunately, many of
the state’s most historic and architecturally important courthouses have been sold, destroyed or irretrievably altered by unsympathetic additions and modifications. While new jail standards,
accessibility standards, energy conservation, and more courtrooms and office space make rehabilitation necessary for contemporary use, inappropriate modifications or demolition is not
the only — or even the most practical — solution for meeting these needs. Through careful planning with professional restoration consultants, these courthouses can be modernized without
losing their character and integrity. Chapter 442, Section 442.008 of the Texas Government Code gives the THC authority to review any proposed changes to historic courthouses, as follows:
a.) A county may not demolish, sell, lease, or damage the historical or architectural integrity of any building that serves or has served as a county courthouse without notifying the
commission of the intended action at least six months before the dates on which it acts. b.) If the commission determines that a courthouse has historical significance worthy of preservation,
the commission shall notify the commissioners’ court of the county of that fact not later than the 30th day after the date on which the commission received notice from the 6-5 TEXAS
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county. A county may not demolish, sell, lease, or damage the historical or architectural integrity of a courthouse before the 180th day after the date on which it received notice from
the commission. The commission shall cooperate with any interested person during the 180-day period to preserve the historical integrity of the courthouse. c.) A county may carry out
ordinary maintenance of and repairs to a courthouse without notifying the commission. This legislation provides for a fine of $50 to $1,000 for each day of violation of the act (Section
442.011). The courthouse law supersedes National Register and RTHL designations, but county courthouses that are SALs are afforded even greater protection under the Antiquities Code
of Texas. The success of this law depends on the efforts and involvement of local citizens. Therefore, it is important that the legislation be brought to the attention of county officials
whenever changes to the courthouse are anticipated. It is strongly recommended that county officials and their representatives contact the THC early in the design process for guidelines
and technical advice to ensure the historic and architectural integrity of the courthouse is maintained. Report any impending courthouse modifications to the THC’s Architecture Division.The
Texas Historic Courthouse Preservation Program offers grants for the restoration and rehabilitation of Texas’ historic county courthouses and is an excellent tool for preserving these
unique resources (see Section 9 for more information). Information on Texas’ historic county courthouses is available from THC’s Architecture Division or online in the Texas Historic
Sites Atlas at www.atlas.thc.state.tx.us. SECTION 106 REVIEW Background In an effort to preserve a portion of our nation’s past, a number of federal laws provide for the protection of
cultural properties. One of the oldest is the Antiquities Act of 1906, which allows the president to designate important resources on federally owned or controlled land; it also protects
all historic and prehistoric ruins and objects on federal lands from looting or destruction. The Historic Sites Act of 1935 authorized the Secretary of the Interior to document, evaluate,
acquire and preserve archeological and historic sites. The most significant federal preservation law is the National Historic Preservation Act of 1966, as amended. Section 106 of this
law requires all federal agencies to consider important cultural resources before initiating projects that might affect those resources. The importance of a site is determined by the
National Register criteria. States provide input into the federal preservation process through the State Historic Preservation Officer (SHPO), whose office reviews all projects with
federal involvement and serves as the state’s voice in federal preservation matters. In Texas, the executive director of the THC serves as SHPO. 6-6 TEXAS HISTORICAL COMMISSION
Although the procedures are complex, study of the federal process is well worth the time and attention of the CHC. It will help you understand how federal agencies and the THC work together
to protect our heritage. The Section 106 Review Process The Section 106 process comes into play with the planned expenditure of federal funds or when a federal permit is needed. Federal
agencies allocating funds, permits or licenses must consider important cultural resources before initiating projects that might affect the resources. Examples include: n construction
of reservoirs, power lines, cell towers, airports, banks, sewer lines and subdivisions, if federal funds are used n construction of roads and highways, if federal highway funds are used
(not all roads in Texas are built with federal funds) n Department of Housing and Urban Development (HUD)-financed construction or rehabilitation of housing n sale or surplusing of historic
post office buildings The Role of the Federal Agency. The federal agency responsible for the federal land, funds, permit or license is also responsible for setting into motion the process
for compliance with all applicable federal preservation laws. In Texas, the responsible federal agency will contact the SHPO (THC) and provide a description and map of a proposed project,
as well as an assessment of the resources likely to be affected. Sometimes another party, the project sponsor, actually carries out the project. For example, if a mining company is acting
under a permit from the Environmental Protection Agency, that mining company is the project sponsor. The responsible federal agency maintains communication with the project sponsor and
the SHPO and is responsible for ensuring that all project work meets federal preservation requirements. The federal agency must submit documentation if any significant resources are
identified in the project area. The Role of the Project Sponsor. The project sponsor (such as the mining company above) plays an important role in the process. The project sponsor sponsor
is required to fulfill all permitting, licensing or funding obligations before project construction begins. Generally, the project sponsor hires professional consultants such as archeologists,
historians and architects to assess the cultural resources in the project area. The project sponsor also interacts with all other concerned parties: the SHPO staff, the consultants and
the federal agency. The Role of the Consultants. The professionals hired to conduct the assessment must be qualified to deal with the particular kinds of cultural resources involved
in the project. They must also be familiar with the federal compliance process in order to evaluate the cultural resources properly and to meet the requirements of federal regulations.
The professionals produce a report on their investigation for review by the project sponsor, the federal agency and the SHPO staff. The investigating professionals make recommendations
to the SHPO and the federal agency about the identified resources and their potential National Register eligibility. 6-7 TEXAS HISTORICAL COMMISSION
The Role of the State Historic Preservation Officer (SHPO). SHPO (THC) staff members review project information submitted by the federal agency and make recommendations to the agency.
USGS topographic maps and other records at the THC contain the locations of all recorded archeological and National Register properties. Such records make it possible for SHPO staff
members to identify immediately the potential impact to cultural resources. The SHPO staff uses other documents and sources as well (for example, Official Texas Historical Marker listings)
to identify historical associations in the project area. Staff ’s experience and expertise in various historical periods and geographic regions of the state also help identify areas
likely to contain unrecorded cultural resources. The SHPO must respond to project proposals within 30 days. If known resources are in the project area, or if the area is believed to
contain resources, then a survey may be recommended. If the project area contains properties that are eligible for or are listed in the National Register of Historic Places, then the
federal agency, the project sponsor and the SHPO make special arrangements to preserve these properties or to recover and record information from them before they are destroyed. This
process is called mitigation. Each property is considered individually, and mitigation arrangements are made accordingly. For example, an archeological site may be excavated if it cannot
be avoided; a historic building may be recorded by drawings, photographs and historical research if it cannot be saved. Note that Section 106 of the National Historic Preservation Act
requires federal agencies to consider the impact of their undertakings on historic and cultural resources; it does not require that the resources be preserved. Its importance lies in
the process of considering important cultural resources during project planning, which often results in their preservation. The Advisory Council on Historic Preservation is the federal
agency whose role is to mediate, guide and monitor this process of compliance with federal requirements. How County Historical Commissions Can Help Public involvement in the Section
106 process is very important, and CHCs are encouraged to participate. One of the greatest assets a CHC has is knowledge about its area, history and historic sites, and people. CHC members
can assist by providing information and research references to consultants and/or to federal agencies. Often archeological surveys are necessary on private lands, and introductions to
landowners can help the professionals accomplish the needed survey. Names of CHC chairs are provided to federal agencies and preservation consultants upon request, and you may receive
correspondence inquiring about resources in a potential project area. This is your opportunity to participate in the federal 106 process. CHCs may be the first to learn of proposed federal
projects. Be sure to relay concerns you might have to the federal agency/consultant and to the THC. The SHPO is a partner linking local citizens with federal agencies. Most often, however,
the first announcement of a federally sponsored project is made at the local level, and public hearings are conducted at this beginning stage of a project. The most effective voice in
protecting local resources is that of local preservationists during the planning phase. For instance, the local community will learn of a highway project when the Texas Department of
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Transportation (TxDOT) — using federal gas-tax dollars — first considers the worthiness of a new or widened road. The THC will learn of this project much later, only when possible routes
have been selected and historic sites that may be damaged or demolished are being surveyed by TxDOT. Similarly, millions of federal dollars are spent through the Department of Housing
and Urban Development (HUD) on local neighborhoods. The local housing office conducts hearings on an annual basis to decide where and how the money will be spent. The THC learns of these
projects only just before demolitions take place or major renovation projects are about to begin.Thus, the partnership among local preservationists, the SHPO and the federal government
works best when local citizens take a strong lead. Because of the increasing workload of federal project reviews, the THC relies more and more on local preservationists identifying historic
sites early in the public hearing process. The THC can make a difference in working with the federal agency to preserve local historic sites but is most effective when local preservationists,
not the federal agency, contact the THC first about a threatening project (see the information on Public Policy Committees in Section 1). When local political pressure makes it difficult
to support preservation in a project, contact the THC for assistance. Other ways of becoming involved include identifying historic and prehistoric sites and reporting them to the THC.
Encourage public agencies in your county to observe all applicable preservation laws. Help local residents understand the federal preservation process to ensure they support the full
investigation of cultural resources. It is important that local residents understand the object of the Section 106 review process is to protect their cultural heritage, not to delay
projects. A citizen’s guide to understanding Section 106 appears in Appendix II for your use and reference. PROTECTING ARCHEOLOGICAL SITES ON PRIVATE LANDS While the Antiquities Code
of Texas and, to a lesser degree, the National Historic Preservation Act protect archeological sites on public lands and in areas that might be affected by federal undertakings, neither
state nor federal laws lend automatic protection to archeological sites on private lands. Since the vast majority of historic and prehistoric sites in Texas occur on private lands, the
THC works diligently to educate preservation groups, landowners, schoolchildren and all other citizens on the importance of preserving sites that may yield significant information about
our unwritten past. Although thousands of sites have been recorded and studied in detail, much is still unknown in so vast an area as Texas. Unfortunately, natural erosion, industrial
and urban expansion, highway and reservoir construction, energy exploration and relic collecting destroy many priceless archeological sites every day. In one afternoon, an artifact collector
can destroy unique evidence of centuries of the human past in Texas. Conservation of the archeological resources remaining in each county is a pressing task. With united efforts, the
THC and CHCs can ensure that archeological resources are not 6-9 TEXAS HISTORICAL COMMISSION
thoughtlessly and unnecessarily destroyed. In cases in which destruction is unavoidable, we must see that information and material remains present in the site are recovered, analyzed
and preserved. How County Historical Commissions Can Help There are many ways a CHC can participate in archeological programs that do not directly involve archeological site investigation.
The following are some ways in which the county historical commission can help the THC: Report Sites to the THC. Report to the THC any archeological sites in your area as soon as you
hear of them. Pinpoint the site location on a map, take photographs if possible and discover who owns the land on which the site is located. Encourage Protection of Sites. Encourage
private landowners, local businesses and public officials to protect archeological sites. Inform public officials at the city and county
level that sites on municipal and county lands are covered under the Antiquities Code of Texas. Be an educational force in your community to encourage the protection of sites. Although
sites on private land are not protected by law, many private landowners and developers will voluntarily protect sites if there is community awareness of the importance of our archeological
heritage. Cooperate with THC Programs. Occasionally, local officials or developers ask county historical commissions about cultural resources in areas where land-altering projects are
planned. Inform the THC’s Archeology Division about such questions even if the CHC knows of no known sites in the vicinity. It cannot be assumed sites are not present simply because
none have been recorded. Support Site Acquisition Efforts. The THC administers a program designed to preserve permanently a cross section of major archeological sites. Through the site
acquisition and protection program, the THC accepts donations to the state of important sites on private land. Without an aggressive acquisition program, we stand to lose many of our
major archeological sites to construction projects and vandalism. The CHC may be called on to support acquisition of significant sites at the local level. Report Endangered Sites. When
a site is threatened by relic collectors or a construction project, report the situation to the THC or to your closest archeological steward (see Appendix III for a list of archeological
stewards in your area). Use this information to help archeologists respond to your report: n the name and address of the landowner and whether the landowner is an individual, business,
institution or governmental body; n the nature of the project if a land-altering development is involved (if public funding or permitting is involved, the situation may be covered by
federal or state antiquities codes); and n the exact location of the site. Discourage Trade in Antiquity. The buying, selling and trading of antiquities (artifacts from archeological
sites and rare historic objects) encourages collectors to vandalize archeological sites, which destroys forever the clues to the story of our human past. Discourage the trade in 6-10
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antiquities, do not collect from sites and discourage others from collecting from sites. Educate newspapers and other media that stories glorifying artifact collectors may encourage
looting and result in the destruction of our cultural heritage. Involve Local Museum Policies. As mentioned above, a major obstacle in preventing the vandalizing of archeological sites
is the trade in artifacts. Local museums should refuse collections of artifacts that have no provenience (locational) data and thus no scientific or cultural value. As a rule, museums
should not exhibit human skeletal remains and should treat all sensitive collections with respect for the dignity of all people. Exhibits should emphasize interpretation of past lifeways,
not merely the display of artifacts. Work with your local museum to improve acquisitions and interpretive exhibits of cultural remains (see Section 7 for more information on museums).
CEMETERY LAWS Neither the THC nor any other state agency enforces cemetery laws. This responsibility belongs to county and municipal law enforcement officials. If a cemetery is being
vandalized or destroyed, the proper course of action is to contact the county sheriff or local police department. If a historic cemetery is publicly owned by a state agency or political
subdivision of the state (city, county, school district, etc.), the burials are protected as archeological sites under the Antiquities Code of Texas. State agencies and political subdivisions
must notify the THC before a publicly owned cemetery that is 50 years old or older can be altered (beyond ongoing maintenance and daily cemetery activities). The THC has developed a
policy that addresses both historical and archeological concerns related to the preservation and exhumation of historic graves, calling for recordation, protection and preservation whenever
possible. The following are some of the state and local laws or court decisions regarding cemeteries. They provide an overview of the legal steps that have been successful in preserving
some of the state’s burial grounds. This information does not take the place of legal counsel. Consult the county or city attorney or other legal counsel for more information about laws
related to cemeteries in Texas. See Appendix I of this handbook for the text of many of these laws. Ownership n Section 711.021 of the Health and Safety Code allows nonprofit corporations
to establish, manage, maintain, improve or operate a private cemetery. n Property dedicated to cemetery purposes and used as a burial ground may not be sold in such a manner as to interfere
with its use as a cemetery. State v. Forest Lawn Lot Owners Assn., 254 S.W.2d 87 (Tex. 1953). However, such property may be conveyed in fee simple as long as it is still used as a cemetery
and the grantee continues to maintain the cemetery for the benefit of the public. Barker v. Hazel-Fain Oil Co., 219 S.W. 874 (Tex. Civ. App. – Fort Worth 1920, writ ref ’d). 6-11 TEXAS
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n A living person who has relatives buried in a graveyard does not, by that fact, own the land or plots in which they are buried. However, that person can visit, ornament and protect
the graves from desecration even if he or she must cross private property to do so. Gibson v. Berry Cemetery Assn., 250 S.W.2d 600 (Tex. Civ. App. – Dallas 1952, no writ). Dedication
n Once a property is dedicated for cemetery use, it cannot be used for any other purpose unless the dedication is removed by a district court or the cemetery is enjoined or abated as
a nuisance. Section 711.035(f) of the Health and Safety Code. n Section 711.010(a)(b) amends Chapter 711 by stating that improvements to property that would disturb an unknown or abandoned
cemetery may not be carried out until the remains are removed under a written order issued by the State Registrar or their designee under Section 711.0040(f). The property owner may
petition the district court where an unknown or abandoned cemetery is located to remove the dedication dedication for cemetery purposes, and the court may then order the removal of the
human remains from the cemetery to a perpetual care cemetery. n Section 711.011 (a)(b) further amends Chapter 711 by stating that a person who discovers an unknown or abandoned cemetery
shall file notice of the cemetery with the county clerk of the county in which it is located, documenting the land on which it is found by way of description as well as an approximate
location of the cemetery and the evidence of the cemetery that was discovered. There are no fees associated with this filing. n Texas courts have said no special ceremony or record is
required to dedicate a cemetery; actual use as a cemetery is sufficient for dedication. Damon v. State, 52 S.W.2d 368 (Tex. 1932). Enclosure of land for use as a cemetery and evidence
of burial are among the criteria for dedication. Smallwood v. Midfield Oil Co., 89 S.W.2d 1086 (Tex. Civ. App. – Texarkana 1935, writ dism’d). Abandonment n The fact that the remains
of the dead buried in a cemetery have not been removed and that tombstones mark the places of burial is sufficient to show that the cemetery has not been abandoned. Michels v. Crouch,
122 S.W.2d 211 (Tex. Civ. App. – Eastland 1938, no writ). n In Markgraf v. Salem Cemetery Assn., 540 S.W2d 524 (Tex. Civ. App. – San Antonio 1967, no writ), the court decided that land
outside a cemetery fence was not abandoned because several graves were still evident. Guardianship Chapter 715 of the Health and Safety Code states that a nonprofit corporation may be
organized to restore, operate and maintain a historic cemetery by following a procedure set forth in these laws. This offers an excellent way for private citizens to restore a historic
cemetery and gain legal custody over it to ensure its continued preservation. The procedure requires a court to approve the establishment of a conservatorship over the cemetery, so an
attorney may need 6-12 TEXAS HISTORICAL COMMISSION
to be involved. If you need additional information about the procedure, the THC can provide assistance. Access Section 711.041 of the Health and Safety Code states that any person who
wishes to visit a cemetery that has no public ingress or egress shall have the rights for visitation during reasonable hours and for purposes associated with cemetery visits. The owner
of the lands surrounding the cemetery may designate the routes for reasonable access. The validity of Section 711.041 has been called into question. The owner of a cemetery challenged
the right of access under Section 711.041 as a taking of his property. In Meek v. Smith, 7 S.W.3d 297 (Tex. Ct. App. – Beaumont 1999, no pet.), the court held that Section 711.041 constitutes
an unconstitutional taking of property without just compensation as applied to the owners of property near a cemetery. However, the general applicability of this decision is in doubt.
The court held the law unconstitutional only as applied to the facts of this particular case. case. Further, the state was not a party to the case, as it usually is when the constitutionality
of a state law is challenged. Other issues, such as a right of access through a prescriptive easement or easement by adverse possession were not considered in the appeal. Local Jurisdiction
n Section 713.021 of the Health and Safety Code states that a county commissioners court may establish by resolution a perpetual trust fund to provide maintenance for a neglected or
unkept public or private cemetery in the county. The commissioners court shall appoint the county judge as trustee for the fund. n Section 713.028 of the Health and Safety Code states
that a commissioners court may use public funds, county employees and county equipment for the maintenance of certain cemeteries for purposes of historic preservation (cemeteries with
graves more than 50 years old) and protection of the public health, safety and welfare. Penalties n Section 28.03(f) of the Texas Penal Code provides that an offense involving damage
or destruction inflicted on a human burial site is a state jail felony. n Section 42.08 of the Texas Penal Code states that a person who intentionally disinters or disturbs a human corpse
has committed a Class A misdemeanor. n Section 711.0311 of the Health and Safety Code states that a person who destroys, damages or removes remains of a decedent or obliterates, vandalizes
or desecrates a plot or repository of remains has committed a felony of the third degree. It further states that a person who commits any of the following acts has committed a Class
C misdemeanor: o defacing, vandalizing, injuring or removing a gravestone, monument or other structure commemorating a deceased person or group of persons, whether located within or
outside of a cemetery; 6-13 TEXAS HISTORICAL COMMISSION
o obliterating, vandalizing or desecrating a park or other area clearly designated to preserve and perpetuate the memory of a deceased person or group of persons; o obliterating, vandalizing
or desecrating plants, trees, shrubs or flowers located on or around a cemetery; o obliterating, vandalizing or desecrating a fence, rail, curb or other structure of a similar nature
intended for the protection or ornamentation of any plot, gravestone, monument or other structure of similar character. The person found guilty of committing such an offense must provide
restitution to the cemetery organization for the amount of any damage caused. n Section 28.03 (a)(3) & (f) and Section 28.08 (a) & (d) of the Texas State Penal Code make an offense involving
graffiti on a place of human burial a state jail felony. n An offense under Section 31.03(e)(4)(b) of the Texas Penal Code is a state jail felony if property, regardless of value, is
stolen from the person of another or from a human corpse or grave. OTHER STATE AND FEDERAL PRESERVATION TOOLS A variety of other tools exists to protect irreplaceable historic and cultural
resources. Encouraging the rehabilitation of historic buildings through incentive programs such as grants and tax credits effectively strengthens the chances for preservation of those
properties as well. Descriptions follow of some of the tools available to Texas preservationists. Preservation/Conservation Easements A preservation easement is a flexible tool for property
owners can ensure the protection of significant historic or archeological resources for future generations. Often called a conservation easement, especially when referring to archeological
resources, it is a voluntary legal agreement between a private property owner and a preservation organization, nonprofit land trust or governmental agency. The preservation easement
may be drafted to prohibit alterations to significant features of a building, changes in usage of the building and land, topographical changes, subdivision or further development without
the prior review and approval of the easement holder. An entire historic structure, or just the façade or the interior, may be included under the provisions of an easement. Conservation
easements also are used to protect historic landscapes, battlefields, traditional cultural places and archeological sites. An easement assures the owner of a historic or cultural property
that the property’s intrinsic values will be maintained and preserved by future owners. Under the terms of an easement, a property owner grants a portion of, or interest in, his or her
property rights to an organization whose mission includes historic preservation. It then becomes the duty of the easement recipient to monitor the property to ensure the terms are followed.
Once recorded, an easement becomes part of the property’s chain of title and usually “runs with the land” in perpetuity, thus binding not only the owner who grants the easement but all
future owners as 6-14 TEXAS HISTORICAL COMMISSION
well. By limiting changes to a historic site, the owner alters the property’s market value while benefiting the public. This change in market value can be treated as a charitable contribution
and may be tax-deductible to the fullest extent allowed by law. Property owners who donate a permanent conservation easement for the permanent conservation of one or more significant
archeological sites are eligible to receive the Historic Texas Lands plaque (see Section 9 for more information). Much more can be written about preservation easements, but CHCs should
primarily be aware of their existence as one of the many tools available to property owners for the preservation of historic properties. For more information, contact the THC’s Archeology
or Architecture divisions. A copy of the Texas Conservation Easements Act can be found in Appendix I. Deed Restrictions Deed restrictions, or covenants, are legal instruments placing
conditions on a particular piece of property. They are different from conservation easements in that no property rights are transferred to a third party. Deed restrictions commonly are
used by state and federal grant programs to ensure continued upkeep of a property for a specified period of time once public monies have been expended to rehabilitate the property (the
time period of the deed restriction is generally tied to the monetary amount of the grant). They can also be used by private property owners or public agencies to ensure long-term preservation
of the property. Covenants can require such conditions as continued maintenance, public access and retention of character-defining features. An attorney should be consulted in the preparation
of a deed covenant, but sample copies and more information are available from the THC’s Architecture Division. Local Ordinances A number of cities have adopted preservation ordinances
to help retain the historic character of their communities. Such ordinances vary widely in scope and protective measures, but many include tax abatements or freezes for rehabilitation
of locally designated properties. Landmark ordinances allow for the introduction of design guidelines to steer the construction of new buildings and the rehabilitation of older buildings
in keeping with the community’s historic character. Contact the THC’s Community Heritage Development Division for information on local ordinances. Antiquities Code of Texas The Antiquities
Code of Texas was discussed in Section 5 regarding the State Archeological Landmark designation. The following provides additional information on the code and its importance. In 1977,
through the passage of the Antiquities Code (see Appendix I for full text), the state of Texas codified its commitment to the preservation of the state’s rich heritage. In its second
section, the Code states: 6-15 TEXAS HISTORICAL COMMISSION
It is the public policy and in the public interest of the State of Texas to locate, protect, and preserve all sites, objects, buildings, pre-twentieth century shipwrecks and locations
of historical, archeological, educational, or scientific interest, including but not limited to prehistoric and historical American Indian or aboriginal campsites, dwellings, and habitation
sites, archeological sites of every character, treasure imbedded in the earth, sunken or abandoned ships and wrecks of the sea or any part of their contents, maps, records, documents,
books, artifacts, and implements of culture in any way related to the inhabitants, pre-history, history, natural history, government, or culture in, on, or under any of the land in the
State of Texas, including the tidelands, submerged land, and the bed of the sea within the jurisdiction of the State of Texas. Such diverse resources as historic buildings, shipwrecks
and aboriginal campsites fall within the jurisdiction of the Antiquities Code — administered by by the THC — and may be designated as State Archeological Landmarks. Permits to conduct
archeological investigation of cultural resources are granted to qualified institutions and individuals who meet specific criteria and demonstrate the capability and willingness to obtain
the maximum scientific archeological and educational information from such investigation. In addition, materials recovered from investigations must be properly stored and available to
the public for study. The hundreds of historic shipwreck sites in state waters, which extend out to three marine leagues (10.35 miles) offshore, are protected under the Antiquities Code
of Texas, but should also be considered during Section 106 reviews. For example, THC staff reviews Corps of Engineer permit applications submitted by industry officials when a well,
pipeline, dredging or other bottom-disturbing activity is to take place. If a historic shipwreck site, defined by the Antiquities Code as dating prior to 1900, is known to exist in the
area of the project, the company is requested to avoid and report any significant electronic indications turned up in its own preconstruction surveys. This is a case where industry and
preservation interests coincide. Offshore operators must avoid even small concentrations of metallic debris in order to prevent damage to their equipment. Historic shipwrecks are protected
by avoidance as a matter of course. The Antiquities Code does not permit commercial salvage of antiquities from historic shipwrecks. Treasure hunters cannot disturb wrecks on the Texas
tidelands. For additional information concerning permits and copies of the General Rules of Practice and Procedure (Chapter 26) contact the THC’s Archeology Division. SOURCES FOR FURTHER
STUDY n Bick, Steven, and Harry L. Haney, Jr. The Landowners Guide to Conservation Easements. Dubuque, IA: Kendall/Hunt Pub. Co., 2001. n Cassity, Pratt. Maintaining Community Character:
How to Establish a Local Historic District. Washington, D.C.: National Trust for Historic Preservation, 2001. 6-16 TEXAS HISTORICAL COMMISSION
n Cox, Rachel. Design Review in Historic Districts. Washington, D.C.: National Trust for Historic Preservation, 1997. n Herr, Philip and Sarah James. Place Notes. Washington, D.C.: National
Trust for Historic Preservation, 1995. n King, Thomas F. Cultural Resource Laws and Practice: An Introductory Guide. Nashville, TN: AltaMira Press, 1998. n Morris, Marya. Innovative
Tools for Historic Preservation. Washington, D.C.: American Planning Association, 1997. n National Trust for Historic Preservation. Threatened Treasures: Creating Lists of Endangered
Sites. Washington, D.C.: National Trust for Historic Preservation, 2001. n Strangstad, Lynette. A Graveyard Preservation Primer. Nashville, TN: AltaMira Press, 1988. n Watson, Elizabeth.
Establishing an Easement Program to Protect Historic, Scenic, and Natural Resources. Washington, D.C.: National Trust for Historic Preservation, 1980, rev. 1995. n Texas Historical Commission
publications, applications and fact sheets on protecting cultural resources: Historical Designations fact sheet National Register of Historic Places fact sheets Recorded Texas Historic
Landmark brochure Preserving Historic Cemeteries The Texas Ten: Preserving the State’s Historic Outdoor Sculpture 6-17 TEXAS HISTORICAL COMMISSION
Section 7 Interpreting Your History In this section, you will find information on various ways a CHC can bring history alive for the public by interpreting the resources you have identified
and evaluated. CONTENTS Interpretive Markers ................................................................................................................2 Official Texas Historical
Markers .............................................................................................2 Historic Texas Cemetery Markers ................................................................
.............................6 Centennial Markers ..................................................................................................................8 National Register
Plaques .........................................................................................................8 Farm-to-Market Historic Name Markers ...............................................
...................................8 Local Markers ..........................................................................................................................8 Museums
................................................................................................................................9 Planning a Museum ...................................................
...............................................................9 A Place to House the Museum ................................................................................................10
Funding .................................................................................................................................11 Personnel .................................................
..............................................................................12 Exhibits and Sustaining Continued Interest ...........................................................................
..12 Museum Ethics .......................................................................................................................13 Closing a Museum .........................................
.........................................................................13 Museum Services and Continuing Education ..........................................................................14
County Histories ....................................................................................................................15 Sources for Further Study .....................................
..................................................................17 7-1
SECTION 7: Interpreting Your History INTERPRETIVE MARKERS Official Texas Historical Markers Background Although there were early attempts to mark historic sites, the Texas historical
marker program as we know it today actually began in 1936 with the Texas Centennial. During that year, a committee of historians, in cooperation with citizens throughout the state, erected
markers commemorating individuals, battles, missions, communities and counties. The markers were stone; some had incised lettering, while others had metal plaques with raised lettering.
When the Texas State Historical Survey Committee (now the Texas Historical Commission) was created in 1953, it continued the earlier marker program on a limited basis. A survey of historic
structures in the state led to the establishment of the “medallion program” in 1962. The special round medallion, which bears a relief map logo of the state, was used to call attention
to identified historic structures. Shortly after the Texas State Historical Survey Committee initiated the medallion program, it was evident the public wanted to know the history of
the structures. So plaques were added to explain the historical background. Later, the medallion and plaque became known as the building marker, used to signify a structure as a Recorded
Texas Historic Landmark (RTHL). Also in 1962, the Texas State Historical Survey Committee developed the subject marker to commemorate events, institutions, individuals and sites. Made
of metal (aluminum lettering on a black background), the subject markers soon became popular points of interest along the state’s highways. Today there are more than 11,000 markers in
the state, including the centennial markers, some private markers, RTHL markers and subject markers. They are located in all 254 counties. County historical commissions (CHC) work in
cooperation with the Texas Historical Commission’s (THC) History Programs Division staff to oversee the placement of new markers. Applications for Official Texas Historical Markers may
be initiated by CHC or by some other interested group or individual. However, the application and narrative history must be approved by the CHC before submission to the state office.
The CHC, by virtue of its knowledge and awareness of county history, is an important link between the marker applicant and the THC staff, and is encouraged to thoroughly evaluate applications
submitted to it for review. If the CHC rejects or fails to review a marker application within 120 days of its submission, the applicant may appeal the application directly to the THC.
THC staff will always check first with the CHC before proceeding with an appealed case. State money is not available for the placement of historical markers, so payment for the manufacturing
of the markers must come from a local source, such as a private individual, organization or governmental entity. Official Texas Historical Markers, however, are still the property of
the state of Texas and should not be removed or relocated without the THC’s permission. 7-2 TEXAS HISTORICAL COMMISSION
Types of Historical Markers Official Texas Historical Markers fall into two distinct categories — subject and Recorded Texas Historic Landmark — and each has a different meaning. CHCs
should be aware of these differences when reviewing marker applications and be able to educate county residents on the different meanings. Subject markers, commonly identified as having
the state seal and text on one plaque, are solely educational in nature and reveal aspects of local history that are important to a community or region. Subject markers commemorate topics
such as churches, schools, individuals and businesses. No limitation is placed on the use of the site, although the setting should be appropriate and accessible to the public. Grave
markers are a special type of subject marker reserved solely for historic persons. Markers conveying the RTHL designation are only for historic structures at least 50 years of age deemed
worthy of preservation for their architectural and historical associations. Most often carried on the familiar medallion and plaque, RTHL status does provide a measure of legal protection
for the historic structure. Historic photographs that are at least 50 years old should accompany the application so THC architectural historians can compare the current and historic
appearances to ensure no significant alterations have been made to the building. Although owners of RTHLs do not have to open their buildings for tours, they must give the THC 60 days
written notice before any alterations are made to the exterior of the structure. In this way, THC staff can offer professional restoration advice and expertise. Based on an evaluation
of the plans, the THC can waive
the remainder of the notification period or invoke an extension of 30 days if the agency decides additional time would enhance the chances for proper preservation of the structure. If
appreciable adverse changes are made, the State Marker Review Board may remove the RTHL designation (and the marker) from the building. New owners should be informed that the RTHL designation
is a permanent award and is conveyed with the property when it is sold. While the familiar medallion and plaque are an automatic sign of the RTHL designation, some subject markers also
may convey the landmark status. It is possible for a marker applicant to request the subject marker size and to have the structure reviewed for the RTHL designation. This usually is
done when the applicant wishes to have the marker tell more history than could be displayed on the smaller plaque. If the structure is approved for the landmark status, then the bottom
line of the marker inscription will read “Recorded Texas Historic Landmark.” (Please see Sections 5 and 6 for more information on the RTHL designation.) Marker Criteria Complete policies
and rules governing the eligibility of topics for Official Texas Historical Markers are available from the History Programs Division or through the THC web site. Topics of local, state
or national significance are eligible based upon varying age requirements and the ability of the applicant to document the topic’s importance by means of a narrative history. 7-3 TEXAS
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Age Requirements. Institutions, organizations and other similar topics must date back at least 75 years in order to qualify for marking. Events that occurred at least 30 years ago and
changed the course of state or local history are eligible. Historic persons must be deceased for at least 20 years. In order to receive the Recorded Texas Historic Landmark designation,
a structure must be at least 50 years of age. The State Marker Review Board reserves the right to waive the age requirements for topics of state or national importance. Significance.
Simply because a church congregation was founded 75 years ago, for example, or because an individual was in Texas during the Republic period or served in the Civil War is not sufficient
cause for approval of an Official Texas Historical Marker. Topics must have played some role in the development of a community, in shaping the course of events, etc. Placing the topic
in its appropriate historic context (i.e., establishing what else was happening in that place and time) is very important in determining significance. The way to demonstrate the significance
of a proposed marker topic is through a documented narrative history, which is required with all applications. Checklists to assist marker applicants in researching and preparing narrative
histories are available by topic (individuals, institutions, buildings, etc.) from the History Programs Division. Documenting the Narrative History Good documentation (careful citation)
of the reliable sources where information is obtained is the key to preparing an acceptable history for a marker application. Documenting the narrative history requires reference notes
and a bibliography. The THC may reject the application if it is not properly documented. Examples of reference notes and bibliographies may be found in historical journals such as the
East Texas Historical Journal or the Southwestern Historical Quarterly. Additional guidance to preparing a carefully documented narrative may be found in Remembering Texas: Guidelines
for for Historical Research and in the one-page handout, “Documenting Local History,” both free and available from the THC. The required narrative history should be written in such a
way that the proposed topic’s historical significance and basic facts are clearly defined. If the reference notes and bibliography are written so that anyone can go directly to a source
of information and easily find the reference, then supplementing the application with copies of deed records, newspaper articles, entries in county history books, etc., is redundant
and unnecessary. The application should be complete and accurate without using supplemental material (excluding photographs, site plans or maps). Narrative histories should be typed
or computer-generated on 8 1/2 x 11-inch white bond paper. The narrative should be double-spaced and printed on only one side of the paper. Do not bind the marker application in a folder.
Selecting a Location for the Marker Official Texas Historical Markers should be placed in conspicuous places that can be easily reached by the public. Permission of the property owner
for placement of the marker must be signified on the application form. Markers should not be placed inside buildings or on private 7-4 TEXAS HISTORICAL COMMISSION
land, if possible. They should not be placed on non-historic buildings or on older buildings that no longer retain their architectural integrity. If placed directly on a historic building,
take care not to damage the historic fabric of the structure. Consideration of the placement of the marker is a part of each application review, and for this reason, a photograph of
the proposed marker location (whether in a park, along the highway right-of-way or in a schoolyard) must be included with each application. If a marker is to be placed on highway right-of-way,
the THC staff will make special arrangements with the Texas Department of Transportation for its placement. If the marker is to go on public or private property, the marker applicant
should secure permission of the landowner, and the CHC should double-check to make sure this permission has been secured. Markers without posts placed on structures or special foundations
are often more secure from vandalism. Markers with posts, however, are specially engineered to avoid such problems as moisture and possible breakage. Therefore, having markers welded
onto posts other than those ordered through the foundry is not recommended. CHC Checklist for Completing a Marker Application Applicants for state markers, as well as the CHC as part
of its review, should make sure the following items are included before submitting the application packet to the THC. Failure to include one or more items can result in delays in processing,
because the staff will have to request the item and place the application on hold until it is submitted. n Documented narrative history, complete with reference notes and bibliography.
Copies of research materials should be retained at the county level. Include years of birth and death for all significant persons mentioned in the narrative. n Completed application
form, with signature of CHC chair, permission of the owner, specific marker location information, complete shipping address and telephone number and size of marker requested. n Photograph
of the proposed marker location. Additional photos (at least one historic view, plus shots of all elevations) are required elements of applications for the RTHL designation. n County,
city or USGS maps denoting marker location and other points of significance to the marker topic (i.e., homesteads, original church locations, cemeteries, etc.). n Legal description of
the property and floor plans are required for RTHL applications. Do not send payment for the marker with the marker application. It will be requested after the THC evaluates and approves
it. The Marker Process Marker applications are evaluated by the History Programs Division staff in the order in which they are received. If the application involves RTHL designation,
then a review is also conducted by staff architectural historians. Final ruling on marker applications is made by members of the State Marker Review Board, composed of governor-appointed
THC commissioners; reviews are handled by mail to save time and expense. Since so many variables variables are involved in the marker process, no dedication ceremony should be set until
after the com-7-5 TEXAS HISTORICAL COMMISSION
pleted marker is shipped. If the marker is wanted for a special dedication date, please notify the staff at the time of application and allow at least six months for completion of the
marker, and every effort will be made to expedite the process. However, the THC cannot guarantee a delivery date. THC staff will correspond with the CHC and marker sponsors throughout
the marker process. The CHC can facilitate the process by ensuring that requests for information are answered and inscription approvals are coordinated and handled promptly. All correspondence
will be addressed to the CHC chair, unless THC staff has written notice that the chair has delegated responsibility for application and inscription approvals to another member of the
commission, usually the marker committee chair. Figure 5 explains how the marker process works. The County’s Permanent Files The historical documentation that accompanies marker applications
can become the nucleus of a county archives. It could prove useful for future research, research, for a marker dedication ceremony, for a museum display or for compiling a county history
book. The records should be accessible to the public and should never become part of an individual’s private collection. If your CHC does not have all the marker research material for
the markers in your county, you should contact the THC library. Copies of material in the files are available for a photocopying fee. Historic Texas Cemetery Markers Although hundreds
of cemeteries in Texas are marked with Official Texas Historical Markers, the THC now honors cemeteries of historical importance with the Historic Texas Cemetery medallion and optional
interpretive plaques in place of the subject marker. Cemeteries are eligible for these special state markers only after they have been designated as Historic Texas Cemeteries (see Section
5). There are three options available for purchase to mark a cemetery that receives the designation: n the 10-inch cast aluminum medallion with the words “Historic Texas Cemetery -Texas
Historical Commission” encircling a central star, a rose and a cypress branch, n the medallion with an accompanying 12 x 6-inch “name and date” plaque that displays the cemetery name
and the date of its founding, or n the medallion with an accompanying interpretive plaque that includes a brief history of the cemetery and may require additional research and documentation.
The purchase of the medallion or medallion and plaque is optional for cemeteries receiving the Historic Texas Cemetery designation, but only cemeteries with the designation are eligible
for cemetery markers. Marker placement should be carefully considered to ensure recognition of this historical designation and protection. Whenever possible, the markers should be located
at the entrance to the cemetery, either mounted on an existing fence or gate, 7-6 TEXAS HISTORICAL COMMISSION
7-7 Figure 5 The Historical Marker Application Process. Applicant researches the topic, writes the history, gathers photos and maps, fills out the application form. Applicant submits
application and documentation to county historical commission (CHC) for review and approval. CHC forwards application to the Texas Historical Commission (THC). THC reviews application;
additional information and/or clarification may be requested. THC approves application, if eligible, and requests payment. Applicant forwards payment to THC. THC prepares draft inscription
and submits it to applicant and CHC for review. THC sends final approved inscription to foundry for casting. Foundry ships completed marker to designated addressee. Applicant and CHC
plan marker dedication ceremony. THC staff enters marker into the Texas Historic Sites Atlas, an online inventory of marker information and inscriptions (http://atlas.thc.state.tx.us).
or attached to an existing masonry entrance feature. The markers may also be ordered with a post for placement at the cemetery’s entrance. Although CHC approval is not requested prior
to the designation of a Historic Texas Cemetery or for the placement of a cemetery marker, CHCs receive copies of correspondence pertaining to the designation and the markers to keep
you informed during the process. CHCs are sent copies of the narrative histories that are submitted for cemetery markers and are asked to review the inscriptions prepared for those markers.
If you spot errors in the histories or the inscriptions, please contact the History Programs Division. CHCs are encouraged to initiate Historic Texas Cemetery designation applications,
particularly for those historic cemeteries without an active cemetery association or family group overseeing them. Centennial Markers The large stone markers placed in 1936 in honor
of the Texas Centennial celebration are known as centennial markers. Although they were in place before the organization of the THC, they are considered part of the official state historical
marker program. Any questions about the condition or relocation of centennial markers should be referred to the marker staff in the History Programs Division. Replacement parts for the
bronze star, wreaths, seals and plaques on these markers are still available and may be ordered through the History Programs Division. National Register Plaques The History Programs
Division can order National Register plaques for properties listed individually in the National Register of Historic Places or as contributing members of a National Register historic
district. Both a personalized bronze plaque and standard aluminum plaque are offered. Application forms are available from the THC staff. Farm-to-Market Historic Name Markers Farm-to-market
and ranch roads can be marked with a sign giving their historic names, per Section 225.005 of the Transportation Code. The THC is the agency responsible for verifying the applications
for such markers. The Texas Department of Transportation (TxDOT) oversees the manufacture and placement of the signs. Funding is provided through local, private sources, and payment
is made to TxDOT. Only farm-to-market and ranch roads are eligible for consideration under this program; other state and federally maintained roads do not qualify. An application and
information about the program can be obtained from the History Programs Division. Documentation is provided by five affidavits (forms enclosed with the application) or documents that
provide proof of the historic name. Local Markers Some communities and counties have developed their own marker programs. The markers range from small plaques to larger markers with
inscriptions. A local marker program is a particularly good way to commemorate those structures that do not qualify for Official Texas 7-8 TEXAS HISTORICAL COMMISSION
7-9 TEXAS HISTORICAL COMMISSION Historical Markers or to denote landmarks designated under a city’s historic preservation ordinance. Information on setting up a local marker program
is available from the American Association for State and Local History for a small charge; ask for Technical Leaflet #104, entitled “Historical Markers: Planning Local Programs.” MUSEUMS
A history museum’s primary roles are to preserve the tangible evidence of our past and to educate the public through exhibitions and interpretation of artifacts. Many county historical
commissions have operated county museums for many years. Others are in the planning stages or are in the process of reorganization. In any case, the following information is provided
as general guidance for museum operations. Planning a Museum Museum planning committees should be aware that the following guidelines for founding a museum may not apply in every case.
Each museum is established under a unique set of circumstances and requires individual treatment. The first thing a committee should do upon deciding to establish a museum is to contact
the museum services coordinator in the THC’s History Programs Division for advice and assistance. Establishing a museum requires more than acquiring a collection of artifacts and finding
a place to exhibit it. One of the first things to consider is whether there is sufficient community interest to support a museum, both financially and physically. The following planning
summaries illustrate the complexity of the task. Scope and Purpose. The most important decision to make is on the scope and theme of the proposed museum. It is crucial and should precede
any other action. What kind of museum will it be? Art? Science? History? General? Will it be the story of the entire community or a special ethnic group? Will it include prehistory or
a specific time period? This decision will determine the contents of the collection and what kind of programming to provide. A mission statement should be carefully thought out and written;
it will be the basic guide for everything else. Collections Policy. Once the subject matter is determined, establish a clearly defined collections policy. If the story is to incorporate
the first 100 years of the community, accept only artifacts that reflect that history. Set a firm policy requiring that items donated to the museum become the sole property of the museum
with no strings attached. Prepare a written policy and be certain it is widely publicized throughout the community. Guidelines for developing a collections policy are available from
the History Programs Division. Following are some general guidelines: n Avoid the pitfall of accepting items that have nothing to do with the central theme. n Avoid the unusual or bizarre
— the two-headed calf, for instance. Such objects are difficult to interpret in a historical context and are more than likely someone’s white elephants.
n Never accept artifacts on long-term loan. To do so could easily make the museum a warehouse for the display and storage of private collections. A refusal to house loaned material for
an indefinite period will often prompt the prospective lender to donate the items outright. n Do accept short-term loans of items you wish to use for special exhibits. Reach a clear
understanding with the lender in each case as to how long you may keep the artifacts and when they are to be returned. Secure a written loan agreement specifying these details. n Remember
that the museum is responsible for items on loan. To avoid difficulties, determine first if the loaned objects are insured, and, if so, the value the owner has placed on them. In any
case, a museum should never attempt to appraise the value of an item. If it is not insured by its owner, come to a clear understanding of the museum’s responsibility. Will it be necessary
for the museum to insure the object? If so, how much will the insurance cost? Will the owner sign a waiver releasing the museum from financial responsibility in case of fire, theft or
vandalism involving the object? All of this must be determined prior to moving a loaned object to the museum. Conservation and Preservation. When a museum accepts an item for its collection,
it in truth is saying, “We accept this item in trust to be preserved for the enjoyment, enlightenment and education of the community, now and for generations to come.” This is quite
a responsibility for any institution. Thought must be given to the proper care of artifacts, whether on display or in storage. Light, fluctuations in temperature and humidity, insects,
dust, mold and human hands are detrimental to artifacts. Historic clothing, quilts, photographs and documents should not be placed in direct sunlight or under florescent lights, as they
will fade and deteriorate. Paper and textiles should be stored in acid-free containers in a controlled environment. Historic clothing should never be worn in a fashion show. A Place
to House the Museum Location is an important consideration; a museum should be in an accessible area of town with parking available, room for expansion and/or outdoor activities, preferably
on a highly traveled street. If a museum is hard to find, parking is minimal or people don’t feel comfortable at the site, success will be difficult. Few communities have the funds to
construct a museum building; most acquire an existing facility, possibly donated, to house the museum. A museum planning committee should ask itself the following questions when considering
a potential museum building: n In what condition is the building? How much will it cost to restore and remodel so that it will meet the needs of a museum? n Is the building secure? If
not, how much will it cost to provide the needed security? n Is the building reasonably fireproof? n What are the parking conditions around the building? People will rarely visit a museum
that is inaccessible or that presents parking problems. n How much space is available in the building? You must consider the space requirements of all phases of museum operation: 7-10
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o Display o Storage — Storage space should equal display space. o Work — The heart of any museum is its collection. Artifacts must be properly documented, researched, studied, cleaned
and restored. Space must be planned for these activities, all of which must be completed before artifacts can be exhibited. Space also is needed for planning and preparing display materials.
n How much will it cost annually to maintain the building? Will the museum be able to afford such costs? n Can the building chosen for the museum meet state and federal accessibility
requirements? If not, can money be allocated to make the building barrier free? n Can it meet other code requirements of health and safety? Funding Where is the money coming from? Will
there be adequate finances available to support, maintain and operate the museum? You will need immediate funds for constructing, renovating or remodeling a building to house a museum.
A continual supply of money will be necessary to keep the museum operating. Many planning groups, in their initial excitement over the project, overlook the financial aspects of the
matter. A museum committee should ask itself how the following will be paid: n electricity, gas and water bills n office expenses n upkeep and maintenance charges (cleaning supplies,
lumber, paint, plumbing parts, etc.) n new exhibit expenses (changing displays often involves purchasing building materials) n professional association dues, professional literature
and travel to workshops and professional meetings In searching for financial backing to keep the museum open, you will encounter many contributors who consider a single donation good
enough for their lifetime. Discourage such attitudes with carefully planned, well-publicized, annual fund-raising campaigns. Unless your museum is fortunate enough to be heavily endowed,
its survival may well depend on these yearly campaigns. Many museums also receive grant funding from local, state or national foundations, and the THC offers workshops each summer to
teach grant writing skills (see Section 9 for information on THC’s museum grants and grant writing workshops). In addition to seeking contributions, cost-cutting measures can help ease
a museum’s funding problems. County-owned and non-profit museums, with proper documentation from the THC, are eligible to buy furnishings and equipment through the state’s surplus property
sales. Property available through surplus can be found on the Internet at www.gsc.state.tx.us/surplus/fspc.html. Contact the THC’s History Programs Division about documentation needed
to receive surplus property. 7-11 TEXAS HISTORICAL COMMISSION
Personnel Most county museums must depend on volunteer help. It is recommended, however, that you have at least one full-time paid staff member, as well as part-time attendants, to keep
your museum open. Personnel arrangements must be made for: n an attendant to be present at all times when the museum is open n all attendants to be provided a thorough orientation to
the museum n all attendants to be familiar with and understand the operation of fire extinguishers, alarm systems, heating and air conditioning systems, etc., in the museum n all personnel
to maintain an enthusiastic, friendly and helpful attitude toward visitors n volunteers to be treated as unsalaried professional members of the staff Museum planning committees should
be aware that initial enthusiasm for a new museum will gradually fade when participants realize the extent of the work involved. Generally, the committee can expect to begin with a small
number of loyal helpers who will end up shouldering most of the workload. With good planning, planning, duties and responsibilities can be assumed by persons interested in a particular
task who will not grow tired of the position. Exhibits and Sustaining Continued Interest A frequently asked question is, “Why don’t people visit the museum anymore?” The answer, in part,
may be that museum exhibits do not change often enough, if ever. A hypothetical history of one of these institutions might read thus: An interested group establishes a museum and gathers
appropriate artifacts, which are arranged in rows, hung on walls and placed on shelves — 20 identical sadirons, 25 carpenters’ planes, and so on. Artifacts are labeled Antique China
Cup Donated by ___, or Saddle from Local Ranch, Handcarved Desk of ___ , etc. The group members allow their museum to grow stale by neglecting to change its original exhibits in any
way. Months pass, years pass; the same items get dustier and dustier. No matter how attractive the original display was, it is still the same. Nothing appears to rejuvenate the flagging
interest of those who visit the museum regularly, hoping to find something new and stimulating. In time, these regulars give up and stop going to the museum. Avoid this predicament by
rotating exhibits. Display some of the collection and leave some things in storage. Make changes every three to six months, if possible. Plan special exhibits and always make an event
of it when you open a new display; invite the entire community to attend. Good exhibits result from careful planning, research and selection of significant objects that directly relate
to the theme. The objects should be placed in context with each other to tell the unique story of your community to the museum visitor. Because this story cannot be told in one display,
and because you want to encourage people to return, exhibits must be changed. Exhibit space should total no more than 30 to 40 percent of the museum area. Many a planning committee mistakenly
visualizes its museum as a single open display space. This line of thinking can lead to trouble, as as an oversized exhibit area may be too much for a volunteer 7-12 TEXAS HISTORICAL
COMMISSION
7-13 TEXAS HISTORICAL COMMISSION staff to handle effectively. The recommended task of changing displays may become too great an undertaking for them; the changes themselves may suffer
as a result, and the museum may ultimately be saddled with the problems described earlier. Remember to treat exhibits with correct preservation techniques. One of the most frequently
violated exhibit rules concerns photographs. Original photographs should not be displayed under any circumstances! The originals should be labeled and filed in an archivally safe place;
copies of photographs should be made for display purposes. Before displaying any item, always consider the long-term effects of the display on the object and strive to reduce damage
to the item. Museum Ethics All over the world, cultural treasures are being looted, stolen and vandalized at an increasing rate. Museums must adopt codes of ethics and establish policies
that discourage illicit trade in artifacts. Each museum is encouraged to acquire and study Museum Ethics, a publication from the American Association of Museums. Museums should consider
the following rules, especially as they apply to archeological collections: n Do not accept any item or collection unless it has been legally and scientifically recovered and documented.
n Museum shops should not sell arrow points or other archeological remains, whether historic or prehistoric. n Encourage patrons to devote their energies and funds to scientific investigation
of cultural resources, not to the acquisition and donation of objects. n Museums should not house or display human skeletal remains. Skeletal remains and other sensitive materials should
be treated in a manner acceptable not only to professionals but to peoples of various beliefs. n Museum staff should not personally buy, sell or trade in antiquities. n The museum should
formulate and issue to all staff a policy covering ethical questions related to personal activities and conflicts of interest; for example, no employee or board
member should compete with the museum in a personal collecting activity. Closing a Museum Museums seldom “go out of business,” but if yours is forced to close for whatever reason, you
should be fully prepared to deal with the situation. Include in the museum constitution and bylaws provisions for disposal of museum collections and assets should the facility close.
If yours is a small community museum, you might word one of these provisions thus: “If for any reason this museum is closed, its collections will go to the county or regional museum.”
Or, if you deem a specific museum worthy of your collections, provide for that museum to receive your artifacts in the event your facility is forced to close. Many small museums have
outstanding collections; it would be tragic to lose these through poor planning if such institutions found it impossible to stay open. Museum collections are a public trust and must
not be distributed to individuals or sold at auctions.
Museum Services and Continuing Education Museum Survey and Database The THC maintains a database of Texas museums in the History Programs Division, along with files on Texas museums
that are available for research. The database is constantly updated as information is received. Survey forms requesting updated data, including contact information, museum programs and
exhibits, kinds of facilities and funding, names of staff, etc., are sent to museums on the THC’s current mailing list in odd-numbered years. Additionally, anytime THC staff learns of
a museum not in the database, a survey form is sent to gather information. CHCs are asked for assistance in the survey process and have been very helpful in locating museums and making
sure THC has current data on all museums in their counties. Winedale Museum Seminar The Winedale Museum Seminar on Administration and Interpretation, held each fall at the Winedale Historical
Center near Round Top (Fayette County), is unique in Texas and in this region of the United States for its intense 10-day training course on many aspects of museum work. Designed to
improve the quality and to promote the continuing development of community and regional history museums and historical organizations, the program is fashioned to meet the needs of mid-to
upper-level museum administrators, curators, educators, exhibits specialists and other staff members, as well as the lone professional and experienced volunteer (see Section 9 for more
information on the seminar). American Association of Museums Museum Assessment Program The Museum Assessment Program, known as MAP, is a general consultation service designed and conducted
by the American Association of Museums to help museums improve the quality of their operations and programs. Since its establishment in 1980, MAP has benefited many museums of all kinds
and sizes across the nation. MAP offers practical assistance. Answers to a summary questionnaire and an on-site visit by a museum professional provide the basis for a written report
diagnosing the museum’s strengths and weaknesses. When the final report is submitted to the museum, it is supplemented with information about appropriate technical resources to help
the museum initiate improvements. The MAP report helps the museum review its progress and set priorities for the future. It can serve as a catalyst for the work of the staff and board
of trustees and as a tool for long-range planning. The process itself is often a means for increasing community awareness of the museum and its base for financial support. Regional Museum
Associations in Texas The Texas Association of Museums (TAM) has divided Texas into eight regional museum associations: n Austin Museum Partnership 7-14 TEXAS HISTORICAL COMMISSION
7-15 TEXAS HISTORICAL COMMISSION n Central Texas Museum Association n Museum Association of South Texas n Museum Association of Waco n Northeast Texas Museum Association n Northwest
Texas Museum Association n Permian Basin Museum Association n Southeast Texas Museum Association TAM also sponsors affinity groups for those interested in specific aspects of museology
or in specific kinds of museums: n Art museums n Collection managers n Curators n Educators n Natural history n Outdoor museums n Trustees Association members and affinity groups plan
and execute one-day workshops throughout the state on a wide variety of subjects. For information about regional associations, contact the Texas Association of Museums. COUNTY HISTORIES
A published volume on community or county history is another method of interpreting local history for the public. The basic challenge in such a project is accomplishing a professional
task with volunteer services. The usual obstacles — limited funds and lack of experience — are formidable, but the challenge can be met with careful and realistic planning. Everyone
involved in such a project must realize that any well-documented history will take at least several years, not months, to prepare for publication. A myriad of tasks — from researching
and gathering material to editing copy, selecting a format and printer, and forming a distribution plan — will take time and commitment from a number of key individuals. Following is
a brief outline of basic responsibilities that must be met to produce a successful local or county history. n Establish an executive committee to keep the project on track. Members should
include a chairperson, who can ensure that deadlines are met; an attorney, at least in an advisory capacity; clerical helpers, including someone who can set up folders for materials,
another who can keep records of sales and deliveries, and yet another with a firm grasp of English composition and syntax.
7-16 TEXAS HISTORICAL COMMISSION n Establish a research committee to gather the facts, collect as much historical evidence as possible and maintain the material in an organized, usable
manner. Potential members include high school or college history teachers, college-level history students, genealogists, employees of municipal and county government who may be familiar
with public records, and photographers. If the book will be a compilation of family histories or biographies, members of this committee must ensure that all information submitted is
correct. n Establish a finance committee to address how the book will be funded. Key personnel on this committee should include individuals with experience in money management or fund-raising.
Ideally, your group will have an established book fund or source of financial support, such as a grant, to pay for the printing of the book. Or, you may choose to raise money through
pre-publication sales, a common method of funding a book of local interest and limited distribution. This committee determines the method by which the book will be sold, as well as its
price, which is based on the estimated number of copies that will be sold and the production charges quoted by the printer. n Establish a promotional committee to create and sustain
interest in the book. A local public relations or newspaper professional may volunteer some ideas. In addition, you must be able to demonstrate production progress to your clients, since
it may be two years or more from receipt of the first pre-paid orders until the book is distributed. n Finally, establish a distribution committee to ensure that all books are properly
and promptly distributed. Before You Begin Before beginning the time-consuming task of organizing and compiling materials, consider the following questions. Establishing the answers
to these issues will help produce an attractive and marketable publication. n What kind of history? The most common type of history book is the chronological narrative. Some groups,
however, choose to produce a compilation of family histories or biographies. If this is the route you select, be sure to verify all information for accuracy and consistency. Other groups
organize their histories as a collection of chapters that examine different aspects of the community’s development, such as education, religion, ethnic contributions, etc. n How much
history? No history is ever complete, and you will have to be selective about the subjects you develop. n Who will write and edit the book? If a single author will write the historical
narrative, that writer must be committed to accuracy and clarity, as well as be a good storyteller. If your history takes the family or biographical form, many authors can contribute.
That is why it is so important that a trained editor be available to assure that the work is coherent, grammatically correct and follows a unified approach and consistent style. n Which
writing style is preferred? Will the book’s approach be informal or more scholarly in nature? A good editor will ensure that the style you select remains consistent throughout the publication,
particularly if there are several contributing authors.
n Will you offer an index, bibliography and reference notes? A thorough index is essential to researchers and other readers, so thought must be given to providing this information. n
Who will be the publisher and printer? Talk to local printers first. It is usually more convenient to work with local people than to go to out-of-town publishers. However, a growing
number of publishing houses specializing in county histories will be happy to talk with you about producing a book. Publishing is a competitive field, and salespeople may call on you
to propose various arrangements and prices for publishing your book. Published county histories are perhaps the best source of guidance and ideas for groups planning similar projects.
The THC Library maintains a number of county histories in its collection; check the THC’s web site to view the online catalog. If you publish a new county history or a revised history,
be sure to either donate a copy of the book to the THC library or let the librarian know how to order a copy. SOURCES FOR FURTHER STUDY AASLH Technical Leaflets n The Nearby History
Series of the American Association for State and Local History contains a number of titles of interest. Available from AltaMira Press, Nashville, TN. Titles include: Kyvig, David E.,
and Myron A. Marty. Nearby History, 2nd ed. Butchart, Ronald E., Local Schools: Exploring Their History Howe, Barbara J., Dolores A. Fleming, Emory L. Kemp, and Ruth Ann Overbeck. Houses
and Homes: Exploring Their History Danzer, Gerald A. Public Places: Exploring Their History Wind, James P. Places of Worship: Exploring Their History Kerr, K. Austin, Amos J. Loveday,
and Mansel G. Blackford. Local Businesses: Exploring Their History. n American Association of Museums. Caring for Collections: Strategies for Conservation, Maintenance, and Documentation.
Washington, D.C.: American Association of Museums, 1984. n Ames, Kenneth, Barbara Franco and L. Thomas Frye. Ideas and Images: Developing Interpretive History Exhibits. Nashville, TN:
AltaMira Press, 1991. n Butcher-Younghans, Sherry. Historic House Museums: A Practical Handbook for their Care, Preservation, and Management. Oxford: Oxford University Press, 1996. n
Fahy, Anne. Collections Management. New York: Routledge, 1994. n George, Gerald, and Cindy Sherrell-Leo. Starting Right: A Basic Guide to Museum Planning. Nashville, TN: AltaMira Press/American
Association for State and Local History, 1987. 7-17 TEXAS HISTORICAL COMMISSION
n Grinder, Alison L., and E. Sue McCoy. The Good Guide: A Sourcebook for Interpreters, Docents and Tour Guides. Ironwood Publishing, 1985. Available from the American Association of
Museums. n Levy, Barbara Abrahamoff, Sandra Mackenzie Lloyd, and Susan Porter Schreiber, Great Tours!: Thematic Tours and Guide Training for Historic Sites. Nashville, TN: AltaMira Press,
2002. n Perry, Kenneth D., ed. Museum Forms Book, 3rd ed. Austin, TX: Texas Association of Museums, 1999. n Reibel, Daniel B. Registration Methods for the Small Museum, 3rd ed. Nashville,
TN: AltaMira Press/American Association for State and Local History, 1997. n The American Association for State and Local History has a vast selection of technical leaflets, many of
them pertaining to topics discussed in this section. For a complete list of titles, see www.aaslh.org/tlvideo.htm. 7-18 TEXAS HISTORICAL COMMISSION
Section 8 Promoting Your History In this section, you will find information on ways to publicize your CHC’s work, activities to generate an awareness of local history and how to spread
the word about the benefits and importance of historic preservation. CONTENTS Communicating the Good News of Preservation ......................................................................2
Publicity Program Guidelines ...................................................................................................2 Newsletters .........................................................
.....................................................................2 Web Sites ......................................................................................................................
...........4 Local Historical Observances ...................................................................................................5 Texas History Appreciation Observance ..................
.................................................................5 County History Appreciation Week ..........................................................................................5
Community Centennial and Sesquicentennial Celebrations .......................................................6 Texas Archeology Awareness Month ......................................................
...................................7 National Preservation Observances ...........................................................................................7 Marker Dedications
.................................................................................................................8 Folklife Projects ..................................................................
......................................................8 Heritage Tourism .....................................................................................................................9
Points and Principles of Heritage Tourism ................................................................................9 Establishing a Local Heritage Tourism Program .............................
.........................................10 The Texas Heritage Trails Program .........................................................................................11 Economic Benefits
of Historic Preservation ............................................................................11 Sources for Further Study .....................................................................
..................................12 8-1
SECTION 8: Promoting Your History COMMUNICATING THE GOOD NEWS OF PRESERVATION Effective communication enables a county historical commission (CHC) to interest people in its programs
and plans. In addition, it generates local support, which is critical to the success of any organization. A good communications program establishes your group’s identity and educates
and informs your audience. Publicity Program Guidelines There is no single, correct way to establish a publicity program, but there are some basic principles to consider in determining
its scope. n Identify your organization and the audience it seeks to serve. n Establish immediate, short-term publicity goals every year. Change is so rapid that longterm goals (five-year
plans, for example) may prove ineffective. n Appoint a publicity chair and committee. n Establish contact with local and regional news media. n Find the best and most workable ways for
your group to communicate (i.e., newsletter, press release, brochure, newspaper column, etc.). n Organize your publicity program so that files, mailing lists, postal regulations and
other key information sources are readily available. n Determine what work your organization will do itself and what work will be handled by outside professionals. As always, you get
what you pay for — quality is not inexpensive, but it can be an investment that pays off in the long run. n Attend local seminars on publicity. Often, the Annual Historic Preservation
Conference offers sessions on marketing, public relations or newsletter and web design. Newsletters Producing a newsletter is an excellent way for a preservation group to provide consistent
news to its audience and keep its name regularly before the public. However, remember that your newsletter should offer specialized information normally unavailable from other sources.
An effective newsletter: n is published for people with an obvious common interest n contains information that stays within a specialized field of interest n gives readers information
they can use n n is short and to the point n is published regularly, to keep readers informed on current events and topics 8-2 TEXAS HISTORICAL COMMISSION
The following items should be considered in newsletter development: n Statement of Purpose — Your newsletter’s statement of purpose must be clear and simple. It should reflect your organization’s
mission, goals and objectives. Once this information is established, you can better decide on the content, design and budget of the newsletter. n Title — Select a name for the newsletter
that will convey your statement of purpose so readers will identify it with your organization. n Content — Readers are interested in specific information that generally is not available
from any other source. In particular, readers enjoy a calendar of upcoming events and updates on local or regional issues. Be concise and to the point. n Budget — Keep your newsletter
budget in perspective by distinguishing between fixed and variable costs. Because much of the work is done by volunteers, fixed costs will tend to stay the same whether you print one
copy or 1,000 — examples include writing, design, layout, production, distribution and, most importantly, your time. It can be cost effective and time efficient to hire a professional
graphic designer to provide a simple template that you can use as a guide for future issues. Variable costs depend on quantity — they include what you pay for paper, printing and distribution
(mailing). Variable costs increase as the number of copies you print increases. n Design — Almost as important as what you say is how you present the information. Carefully consider
the following design elements as you plan your newsletter. o Format — Format is the framework of your newsletter — the arrangement of type, graphics and photos. The ideal format is simple
and consistent from one issue to the next. Your format should be either one, two or three columns (an occasional combination of these widths will add zest to your newsletter). o Typography
— Type is one of the most important elements of design; a good type selection will make your newsletter inviting to read. When in doubt, choose a type style with a proven track record,
such as Times. After deciding on a type size and style for your newsletter, stick with it. Avoid mixing type styles too much. o Graphics — Graphics convey a clear message that is pleasing
to the eye; it is information through art. Newsletter graphics include rules (lines), screens (shading), reverses and drawings or clip art. Unless a professional graphic artist is handling
the design and production of your newsletter, keep graphic elements as simple as possible and use sparingly. The following tips are provided for newsletter production techniques: n Proofreading
— Make sure to proof the copy and design carefully before the piece is printed. Typos and misinformation can frustrate readers. Have more than one person edit the newsletter. Style guides
can also be downloaded from the Internet. n Length — Most newsletters are two pages (one sheet, 8 1/2 x 11-inch), four pages (one sheet, 11 x 17-inch), or eight pages (two sheets, 11
x 17-inch). These sizes are most common because they are less expensive to produce and easily conform to postal regulations. 8-3 TEXAS HISTORICAL COMMISSION
n Frequency — Newsletters should be published often enough to report information while it is news — monthly publication is ideal; six times per year is good; four times per year is fine,
but no fewer. n Timing — Readers should receive copies at least one week before the first date on the calendar of upcoming events. This is very important — readers should be able to
depend on you for the information they need when they need it. Ideally, the October issue should arrive in September, the November issue in October, etc. n Schedule — Follow a consistent
writing and production schedule. n Quantity — Publish enough copies to reach everyone in your audience, plus an additional 5 percent to distribute as complimentary copies, etc. Be sure
to include the THC on your mailing list! For advisory assistance, contact high school and/or college journalism instructors or your local newspaper. The THC’s Marketing Communications
Division can provide consultation in this area as well. Web Sites Web sites are an increasingly popular way for county historical commissions to convey their message to the public. A
web site can be an effective communication tool. As with newsletters, either you can hire someone to set up and maintain the web site, or you may have a committee member or friend who
can do the work for you. The following items should be considered in web site development: n Navigation — It is important that a site is easy for the user to navigate, or get around
in. Figure out who your audience is and what they would look for on your site. Determine the important topics of information for your site. These probably will be the main buttons/topics
for the home page. Use terms the audience will understand or will be familiar with. Include a search engine (usually a software program that you purchase) to help users find information
on your site. n Structure — The structure is how your site is organized and arranged. Map out your site with flow charts to show relationships between pages and topics (how things will
link). Create Create a file folder system for the site before you start actually making the pages. This system can be derived from the flow charts you’ve created. Plan to include a site
map or site index to help users search your site. n Layout and Design — Create a template with a header and space for content. This ensures that every page will look the same. Keep the
pages clean and uncluttered. Remember people are coming to the page to find information. Too many graphics can be distracting and too much text on one page can be overwhelming. Use graphics
that represent your organization. They should be subtle so that the information is what is important and stands out most. Break up long pages with anchors or by making several pages
for a topic with a lot of information, instead of just having one long scrolling page. Think about using drop-down menus to contain further topics to explore on your site. Label all
your images and graphics for accessibility. 8-4 TEXAS HISTORICAL COMMISSION
Be sure to include a link from your web site to the THC web site, and let the THC’s Marketing Communications Division know when your web site is up and running, so that THC can link
to your site, as well. LOCAL HISTORICAL OBSERVANCES One of the responsibilities of the county historical commission is to promote an awareness of the rich heritage surrounding its community
and to participate in developing programs that will enrich the understanding of the history of Texas. By encouraging activities within the community to celebrate local, state and national
observances, the CHC can bring new depth to these occasions. The following suggestions are guidelines to help plan and implement these celebrations. Texas History Appreciation Observance
While a Texas history appreciation observance can be held any time during the year or for any length of time, you should encourage the following: n Have your county judge issue proclamations
regarding any observance and its related activities. n Cooperate with your school system and social studies departments in joint ventures to stage pageants, special events, and essay
and poster contests. n Acquire visual aids relevant to Texas history to be shown at appropriate times and in conjunction with your theme. n Visit historic sites, museums and landmarks
outside your county that may have played an important role in the development of your heritage. While a majority of activities may center on speeches and talks to civic, cultural and
educational groups, consider other ways of promoting the appreciation of Texas history. Occasions for such celebrations might include Texas Independence Day (March 2), San Jacinto Day
(April 21) or Juneteenth (June 19). County History Appreciation Week In order to develop a broad scope for county history appreciation week, consider arranging a full week of activities
to cover every aspect of your county’s heritage: n One day could be designated “Historical Beautification Day” and might involve garden clubs, Jaycees, chambers of commerce, 4-H clubs
and and scout groups. The importance of the day would center on cleaning areas around and approaching historical markers, sites and buildings. This would be an ideal time to promote
the preservation of historic gardens and landscapes. n Another day could be designated “Landmarks Day” and could be used to promote a county landmarks list compiled by the CHC. Prepare
a press kit for the media to publicize each landmark that has been marked and/or restored. If no landmarks program exists, this could be an 8-5 TEXAS HISTORICAL COMMISSION
ideal time to kick off such a project. If you have recently completed a restoration project, a special feature in the press kits should cover its importance to the community. n By honoring
local pioneer families, early settlers and their descendants on “Pioneer Day,” your commission could bring early history to the forefront. Special events for “Early Settlers Day” could
be held at a historic building. Radio and television interviews with descendants of pioneers could be incorporated into this event. Identify and copy historical photographs for your
archives or for placement in the county museum. This day would also be an excellent time to start a county oral history project if one does not exist. n “Ethnic History Day” would give
the various ethnic groups in your community a chance to share with others their unique history and their importance to the founding and development of your community. Each ethnic group
could be asked to help plan a special event for the day-long festival that would emphasize its cultural background and unique traditions. n “Historical Exhibits Day” could be planned
at a historic site, at a city or county historical museum, in schools or in any special place in the community. Cooperate with other area historical groups, genealogical societies, museums
and other preservation organizations to bring this day to an eventful culmination. n Arrange tours to county landmarks on a “Historical Tour Day.” If you do not have an area tour guide
or map, now would be a good time to start such a project with cooperation from the chamber of commerce, area museums or other historical organizations. These promotional materials can
be utilized year round. Other special days could focus on historic architecture, young leaders, historic cemeteries, folklore, business history or other aspects of local history, culture
and traditions. Your own community should dictate the direction that will be the most meaningful to your celebration. Regardless of the focus of your celebrations, the following activities
will enhance their chances of success: n Encourage newspapers to publish articles incorporating basic documents that authorized the establishment of the county and the cities within
its boundaries. Copies of the first county commissioners court meeting minutes or the first city council meeting minutes, with brief histories, would be interesting reading. n Do not
overlook inviting libraries, public agencies, schools and business establishments to participate by having special exhibits and activities emphasizing their importance to the community.
n Honor authors of county and city histories or noteworthy citizens and/or their descendants at special functions by holding receptions and/or autograph parties. n Organize and publicize
a walking tour of a local historic district for clubs, organizations and/or county officials. Community Centennial and Sesquicentennial Celebrations
Many of the previously mentioned activities could be used or enlarged upon for celebration of a community’s centennial or sesquicentennial. To prepare for such occasions, a committee
8-6 TEXAS HISTORICAL COMMISSION
should be formed to coordinate all activities. The committee should be representative of the whole community. Special events should involve as many citizens groups as possible, including
civic and service clubs, churches, schools, other historical groups, museums, youth and youth-related organizations, local governmental agencies, colleges and universities. The following
suggestions are offered as broad ideas to stimulate your imagination: n Prepare a community history if one does not already exist (see Section 7). n Establish a speakers bureau and assign
topics for research to culminate in presentations suitable for schools, colleges, civic groups and other organizations. n Encourage poster or essay contests within the school district
on both elementary and secondary levels. n Establish an attractive calendar of events to be circulated in the community. n Consider writing and producing an original historical play
or musical about your community. n Start a county fair if your community does not have one. Plan a special county fair if one already exists. n Entertain with guided historical tours
through historic districts, landmarks, museums and places. n With your chamber of commerce, produce an audio-visual show that could publicize your community’s historical attractions.
Texas Archeology Awareness Month Each October the THC, the Texas Archeological Society and the Council of Texas Archeologists sponsor Texas Archeological Awareness Month (TAAM). It is
an opportunity for Texans to discover the depth and richness of their heritage, the historical significance of the state’s archeological sites, the importance of proper archeological
practices and the contributions of professional and avocational archeologists. CHCs are urged to participate in TAAM by sponsoring a lecture on local archeology, cooperating with a local
museum in arranging a special exhibit on archeology or engaging in other activities. For information on project ideas and resources for this annual event, contact the THC’s Archeology
Division or visit the THC web site. National Preservation Observances Each spring the National Trust for Historic Preservation sponsors National Historic Preservation Week. County historical
commissions are encouraged to plan appropriate activities for the week, which always centers on a special theme. Write to the National Trust Office of Communications for a packet of
materials to assist you in celebrating National Historic Preservation Week. Each February, Texans across the state celebrate Black History Month in recognition of the contributions African
Americans have made to the state’s history and culture. The THC encourages CHCs to play an active role in local Black History Month celebrations. 8-7 TEXAS HISTORICAL COMMISSION
Since 1987, the U.S. Congress has designated March of each year as National Women’s History Month. The THC encourages local preservation organizations and county historical commissions
to recognize the contributions of women to the development of Texas with special activities during this month. These and other national preservation observances, along with ideas for
planning local celebrations, are promoted by the THC through The Medallion and on its web site. Marker Dedications All historical markers should be dedicated with appropriate ceremonies
to commemorate the marker topics, to honor the individuals who participated in the project and to provide publicity for the work of the local commission. Audiences for marker dedications
can range in size from very small to almost 1,000, depending on the amount of advance publicity. A good marker dedication ceremony might include an opening welcome from the county commission
chair and introduction of special guests. It could be followed by a background history of the marker topic, including more detailed information than could be mentioned on the marker.
Follow that with a special unveiling of the marker and then close with proper remarks. More elaborate ceremonies might include bands, choirs, politicians, skits and even dinner on the
grounds. These dedications might even be included as part of existing celebrations, such as a parade, rodeo or fair. Printed programs, with a copy of the marker text, could be used as
souvenirs of the marker dedication ceremony. If the local newspaper does not attend the event, send photos of the event to the paper, which will often run the photos. A guide to planning
dedication programs and sample press releases announcing the dedication are available free of charge from the THC’s History Programs Division. FOLKLIFE PROJECTS Many activities related
to local historical observances involve folklife (including folklore and folk art). Tales, songs, traditions, cooking methods and other aspects of folklife are often referred to as intangible
cultural resources. The preservation of these intangible aspects of our cultural heritage is becoming an increasingly important part of many preservation programs. As with the preservation
and study of material culture and history, there is a right way and wrong way to collect and study all aspects of folk culture. For example, we all know tales and songs, but those we
know are not necessarily part of a folk tradition. Simply because a potter makes ceramic jugs on a potter’s wheel does not make the potter a folk artist. Traditional arts and crafts
and folkways are those that have been passed down in families or communities for three or more generations. So, part of the right way of studying folk traditions is to define properly
those traditions before you begin. Then, photographs and interviews should be used to document such traditions, and the more details you note, the better the record. CHCs and other preservation
groups involved in or considering folklife projects can get information or advice from several organizations around the state. The Texas Council for 8-8 TEXAS HISTORICAL COMMISSION
the Humanities in Austin, for example, supports and funds projects in this field and may be able to act as a resource group. It includes folklife and folklore within its scope. Texas
Folklife Resources is a private, nonprofit cultural organization dedicated to celebrating and perpetuating the living, traditional arts and culture of the Lone Star State. Visit their
web site at www.main.org/tfr for more information about what they may have to offer your CHC. Most major colleges and universities will have at least one professor (in departments ranging
from English literature to anthropology) who is actively engaged in folklore research. Contact the school nearest you to find out if help is available from such a source. HERITAGE TOURISM
Points and Principles of Heritage Tourism Heritage tourism is defined as travel directed toward experiencing the heritage of a city, region, state or country. This travel enables the
tourist to learn about, and be surrounded by, local customs, traditions, history and culture. It It has been proven repeatedly through authoritative surveys that historic sites are high
on the list of attractions visited by the traveling public. CHCs should take an active role in the promotion of local history through heritage tourism activities. The THC has adopted
a five-point plan for its heritage tourism program that can readily be adapted by other entities to develop historic and cultural resources as exciting tourist destinations. The five
points are: 1) Research. Begin with an honest appraisal of the local assets and capitalize on them. Identify defining themes. 2) Interpretation. Interpret the links between themes and
resources to develop the best way to tell the local story. The heritage traveler seeks authentic and unique experiences. 3) Community. Broad-based community involvement is required for
successful development of cultural and heritage tourism initiatives. 4) Marketing. After identifying and developing the cultural and historical resources, implement a marketing plan
to achieve increased visitorship to cultural and historic attractions. 5) Collaboration. Partnerships are essential to the development of cultural and heritage tourism destinations.
Consider partnering with regional sites, tourism industry associates, local and regional media, and local and regional preservation organizations to promote heritage tourism. The following
five principles of heritage tourism will help make the most of the opportunities for heritage tourism: 1) Preserve and protect resources. Historic preservation and the protection of
historic and cultural resources are of extreme importance. The focus should be on both the built environment, as well as cultural traditions. 2) Focus on authenticity and quality. The
true story of the local area distinguishes it from any other place on earth. 8-9 TEXAS HISTORICAL COMMISSION
3) Make sites come alive for the visitor. Interpretation of historic sites can be many things: an excellent stand-alone exhibit, an exciting travel guide/brochure, informed and trained
docents and “step-on” tour bus guides. 4) Find the fit between the local community/region and tourism. Educate the local community/region about heritage tourism and historic preservation.
A community that values and protects its heritage will contribute both volunteer support and financial support toward the successful development of a heritage tourism program. 5) Develop
partnerships for sustainability. A successful heritage tourism program demands the participation of numerous individuals and organizations. Develop partnerships to broaden support and
maximize chances for success. Package sites and events within the community/region. Establishing a Local Heritage Tourism Program As you develop a tourism program, keep in mind the points
and principles discussed here, and incorporate them into all aspects of your program. Following are some practical tips for the development of a successful program: n If your chamber
of commerce does not already have a tourism committee, promote the creation of one and request that the chair of the tourism committee serve as an ex-officio member of the CHC and vice
versa. This arrangement will create a liaison between the two groups and will facilitate efforts to promote the local travel industry. n Develop and refine the county’s historical marking
program, ensuring that the locations of markers are included in promotional brochures and travel folders. Or, prepare a special map of the county showing all historical locations. Develop
a maintenance program so that markers are available and legible. n Cooperate with the chamber of commerce on the production of an attractive flier and a timely travel folder on historic
walking and driving tours. To have your brochure added to those available at the Travel Information Centers, samples of first time (or newly produced) brochures need to be sent to the
the Texas Department of Transportation, Travel Division, P.O. Box 149248, Austin TX 78714-9248. This service is an excellent means of getting your message into the hands of the out-of-state
visitor. n Encourage the chamber of commerce to schedule periodic workshops for service personnel to train them in the finer points of “meeting and greeting” the public. For assistance,
contact the Texas Hospitality Training Program at Texas A&M University, Tourism Department, 979/845-5419. n Submit event materials to the Texas Department of Transportation’s Travel
Division for inclusion in the Texas Events Calendar, published quarterly in cooperation with Texas Economic Development. For more information, including a form for surveying the readiness
of your historic sites for tourism, contact the Heritage Tourism Program in the Community Heritage Development Division of the THC. 8-10 TEXAS HISTORICAL COMMISSION
The Texas Heritage Trails Program The Texas Heritage Trails Program is a regional tourism initiative of the Texas Historical Commission designed to promote tourism visitation to historic
and cultural sites. The program is modeled after the THC’s highly successful Texas Main Street Program and utilizes the Texas Department of Transportation’s travel trails system developed
in 1968 as a marketing tool. A regional board hires a heritage trail regional coordinator to facilitate the efforts of the trail region. The THC provides technical, educational and financial
assistance to selected trail regions that help community leaders and volunteers promote and enhance their heritage tourism attractions. A list of all Texas Heritage Trail Regions by
county may be found in Appendix III. If your county is not included in one of the regions currently participating in the program, your CHC can help initiate and spearhead the application
process for your region. Contact the Community Heritage Development Division for information on the application process. If your county is already included in one of the participating
regions, the CHC is given many opportunities to be a part of the promotional efforts of that region. Know who your regional trail coordinator is (see Appendix III), and keep your commission
involved in trail-sponsored activities and programs. The Heritage Tourism Program in the THC’s Community Heritage Development Division can provide you with additional information on
the Texas Heritage Trail Program. ECONOMIC BENEFITS OF HISTORIC PRESERVATION One of the many selling points you can use to promote historic preservation is its positive impact on the
local and statewide economy. In 1999, a number of nonprofit preservation groups across the state, seven local governments, the Center for Urban Policy Research at Rutgers University,
the LBJ School of Public Affairs at the University of Texas at Austin and the THC completed a full-scale study of this topic. The purpose of the study was to better document and understand
understand the economic benefits of historic preservation efforts throughout Texas. The study confirmed that historic preservation positively and significantly impacts the state’s economy.
The economic impact study found that: n historical designations improve property values. n incentives for historic properties attract reinvestment. n historic building rehabilitation
rebuilds and enhances Texas communities. n preservation of historic properties creates jobs. n Texas’ heritage attracts tourists. n history museums draw tourists and economic vitality
to communities. n revitalization of Texas downtowns makes good business sense. 8-11 TEXAS HISTORICAL COMMISSION
The study concluded that historic preservation activities contribute more than $1.4 billion in revenue to the Texas economy each year and, in the process, generate almost 41,000 Texas
jobs annually. In addition, researchers found that one out of 10 travelers to Texas is a heritage tourist. These travelers spend more money per day than the average traveler, stay longer
at their destination and have higher household incomes. Thus, almost any community of any size can stimulate its economy by promoting its local heritage as a tourism attraction. Among
the many areas of the Texas economy covered by the study, researchers determined that cities offering economic incentives for the rehabilitation of a historic property have seen more
reinvestment due to those incentives. Surveys of cities with active historic preservation programs indicate that historical designations may increase property values by as much as 20
percent. The study can be used as a tool for sharing the good news of preservation with local decision-makers — city councils, commissioners courts, chambers of commerce, business associations,
realtors and appraisers, for example — as well as to offer some strong positive evidence to refute common misconceptions about the economics of preservation. The CHC should be familiar
with the tenets of the study and should make the most of the statistics in public relations efforts. Copies of the study, entitled Historic Preservation at Work for the Texas Economy,
are available free of charge from the THC, or the study may be downloaded from the THC’s web site. SOURCES FOR FURTHER STUDY n Baker, Priscilla. Touring Historic Places: A manual for
group tour operators and managers of historic and cultural attractions. Washington, D.C.: National Trust and National Tourism Association, 1995. n The Center for Urban Policy Research
at Rutgers University, Texas Perspectives and The LBJ School of Public Affairs at the University of Texas at Austin. Historic Preservation at Work for the Texas Economy. Austin, TX:
Texas Historical Commission, 1999. n Green, Joslyn, and Amy Jordan Webb. Getting Started: How to Succeed in Heritage Tourism. Washington, D.C.: National Trust for Historic Preservation,
1999. n Lyon, Elizabeth, ed. Cultural and Ethnic Diversity in Historic Preservation. Washington, D.C.: National Trust for Historic Preservation, 1992. n National Women’s History Project.
Women’s History Month Program Kit. NWHP, 3343 Industrial Dr., Ste. 4, Santa Rosa, CA 95403. www.nwhp.org n Peterson, Keith. Historical Celebrations: A Handbook for Organizers of Diamond
Jubilees, Centennials, and Other Community Anniversaries. Boise, ID: Idaho State Historical Society, 1986. 8-12 TEXAS HISTORICAL COMMISSION
n Texas Historical Commission publications, applications and fact sheets on promoting cultural resources: How to Manage an Archeology Fair Guide to Planning a Historical Marker Dedication
Ceremony Marketing Basics Texas Archeology Awareness Month: A Learning Opportunity for All Ages n The American Association for State and Local History has a vast selection of technical
leaflets, many of them pertaining to topics discussed in this section. For a complete list of titles, see www.aaslh.org/tlvideo.htm. 8-13 TEXAS HISTORICAL COMMISSION
Section 9 Preservation Tools In this section, you will learn about various programs and opportunities the THC offers to help you with your preservation efforts. CONTENTS Certified Local
Government Program .......................................................................................3 Regional Assistance Program ...............................................................
.....................................3 Texas Archeological Stewardship Network ...............................................................................4 Texas Main Street Program
......................................................................................................4 Heritage Tourism ..............................................................................
.......................................5 Federal Historic Preservation Tax Incentives ............................................................................5 Visionaries in Preservation
Program .........................................................................................6 How the Visionaries in Preservation Program Works ..................................................
..............6 Benefits of the Program ............................................................................................................6 Emergency Response/Disaster Relief
.........................................................................................7 Education and Training .....................................................................................
.......................8 Annual Historic Preservation Conference .................................................................................8 Community Heritage Development Application
Workshops ....................................................8 Regional Meetings ....................................................................................................................9
Winedale Museum Seminar ......................................................................................................9 Grants and Fund Raising ...............................................
...........................................................9 Texas Preservation Trust Fund ................................................................................................10
Texas Historic Courthouse Preservation Program ...................................................................10 Museum Grants ....................................................................
.................................................11 Certified Local Government Grants ........................................................................................12 Heritage
Tourism Partnership Grants ......................................................................................13 Grant Writing Workshops ...........................................................
............................................13 9-1
Communication Resources .....................................................................................................14 The Medallion .........................................................
...............................................................14 CHC Listserv ........................................................................................................................
.14 Texas Historic Sites Atlas ........................................................................................................14 THC Library .................................................
.........................................................................15 THC Web Site ..............................................................................................................
..........16 Awards .................................................................................................................................16 Governor’s Award for Historic
Preservation ...........................................................................16 Ruth Lester Lifetime Achievement Award .....................................................................
..........18 John Ben Shepperd County Historical Commission Leadership Award ...................................18 George Christian Outstanding Volunteer of the Year Award ...........................
........................19 Award of Excellence in Museums ...........................................................................................20 Award of Excellence in Preserving
History ..............................................................................20 Award of Excellence in Historic Architecture .................................................................
........21 Curtis D. Tunnell Lifetime Achievement Award in Archeology ................................................22 Anice B. Read Award of Excellence in Community Heritage Development
............................22 Award of Excellence in Media Achievement ...........................................................................23 T.R. Fehrenbach Book Award ......................
...........................................................................23 Museum Award of Merit ...................................................................................................
.....24 Award of Merit in Historic Preservation .................................................................................25 Distinguished Service Award .......................................
...........................................................25 Historic Texas Lands Plaque ...................................................................................................26
Sources for Further Study .......................................................................................................26 9-2 TEXAS HISTORICAL COMMISSION
SECTION 9: Preservation Tools CERTIFIED LOCAL GOVERNMENT PROGRAM The Certified Local Government (CLG) program is a local, state and federal government partnership for historic preservation
designed to help cities and counties develop high standards of preservation to protect a wide range of important cultural resources. Local governments participating in the CLG program
act independently to develop and maintain a successful preservation program. The Texas Historical Commission (THC) administers the program at the state level, and the National Park Service
is the responsible federal agency. CLGs are eligible to apply for CLG grants for monetary assistance to further their preservation work. To qualify as a CLG, a local government must:
n enforce state or local legislation that protects historic properties. n establish a qualified review commission composed of professional and lay members. n maintain a system for surveying
and inventorying historic properties. n provide for public participation in the historic preservation process, including recommending properties to the National Register of Historic
Places. While most CLGs are municipal governments, counties in Texas are eligible to receive Certified Local Government status through the county historical commission (CHC). Some parts
of the program will not apply, because counties in Texas do not have the zoning authority that cities do. See Section 1 of this handbook for information on the CLG committee the CHC
must establish to become part of the program. Interested local governments are encouraged to contact the THC prior to preparing an application to become a CLG. Numerous steps are involved
in the application process, and communicating with the THC will reduce delays for official designation. Who to Contact: Certified Local Government Coordinator, Community Heritage Development
Division, THC Phone: 512/463-6092 REGIONAL ASSISTANCE PROGRAM The THC’s regional assistance initiative more efficiently brings preservation assistance to communities statewide. The THC
has divided the state into 6 geographical and cultural regions (see map in Appendix III). Interdisciplinary staff teams are assigned to each region to provide training, planning assistance
and project reviews. Each team includes at least one archeology reviewer, architecture reviewer and historian. Communities working together can plan presentations and promote stronger
communication throughout a region with the THC’s help. The 9-3 TEXAS HISTORICAL COMMISSION
Regional Assistance Program also plans annual gatherings of area preservationists to provide further opportunities for assistance. Who to Contact: Administration Division, THC Phone:
512/463-6100 TEXAS ARCHEOLOGICAL STEWARDSHIP NETWORK Prehistoric and historic archeological sites are tremendously important elements in Texas’ rich heritage, but archeology is not something
to be undertaken without proper training and experience. The Texas Archeological Stewardship Network (TASN) was developed to assist in the preservation of archeological sites in Texas.
The TASN is comprised of experienced avocational archeologists whom the THC has approved and trained to research, monitor and document archeological sites in their respective areas.
Stewards are volunteers, and, as extensions of the THC’s Archeology Division, they may assist with the documentation, interpretation and preservation of sites and artifacts in their
local areas. Stewards also do public outreach and are actively involved in the annual archeology field schools, sponsored by the Texas Archeological Society and other archeological societies,
which are open to the public. Stewards are wonderful resources for CHCs, both as members of your commission and if you need archeological preservation assistance. See Appendix III to
find the archeological steward nearest you. Who to Contact: Archeology Division, THC Phone: 512/463-6096 TEXAS MAIN STREET PROGRAM The Texas Main Street Program helps Texas cities revitalize
their historic downtowns and neighborhood commercial districts by utilizing preservation and economic development strategies. Affiliated with the National Trust for Historic Preservation,
the Texas Main Street Program is among the most successful downtown revitalization programs in the nation. It has assisted more than 130 Texas cities since its beginning in 1981. The
program has resulted in the private reinvestment of more than $860 million in Texas downtowns and neighborhood commercial districts, the creation of more than 18,200 jobs and the establishment
of more than 4,600 new businesses. CHCs can be a wonderful resource for Texas Main Street programs in their counties, and Main Street can provide a new networking opportunity for CHC
activities. Get to know the Main Street manager(s) in your county’s communities, and if one or more cities in your county is a potential candidate for the
Texas Main Street Program, encourage city leaders to look into the possibility of becoming a Texas Main Street city. Who to Contact: Texas Main Street Program, Community Heritage Development
Division, THC Phone: 512/463-6092 9-4 TEXAS HISTORICAL COMMISSION
HERITAGE TOURISM Heritage tourism is another important tool at the CHC’s disposal for preservation of cultural and historic resources. See Section 8 for detailed information on starting
a local heritage tourism program and on the Texas Heritage Trails Program. Who to Contact: Community Heritage Development Division, THC Phone: 512/463-6092 FEDERAL HISTORIC PRESERVATION
TAX INCENTIVES The CHC should be aware of and promote a very effective preservation tool for the rehabilitation of income-producing properties listed in the National Register of Historic
Places. A building needs to be eligible for listing at the beginning of the rehabilitation project, but need not be officially listed until the tax credit is claimed by the owner. The
tax credit is worth worth 20 percent of the eligible rehabilitation costs. The work undertaken as part of the project must meet The Secretary of the Interior’s Standards for Rehabilitation
(see Appendix II). The tax credit is available only for incomeproducing properties. For example, office, retail, hotel and apartments are eligible. Owneroccupied residential properties
are NOT eligible for the credit. The credit is also limited to buildings only; structures such as bridges and silos do not qualify. The tax credit is designed for substantial rehabilitation
projects, not small remodeling projects. The eligible project costs generally must exceed the value of the building itself (not including the land) at the beginning of the project. Most
rehabilitation costs are eligible for the credit, such as structural work, building repairs, electrical, plumbing, heating and air conditioning, roof work and painting. Some specific
costs are NOT eligible for the credit, such as acquisition, new additions, furniture and landscaping. The tax credit requirements, which include both National Park Service and Internal
Revenue Service (IRS) regulations, can appear confusing at times. THC staff will assist property owners in understanding and applying for the credits. Tell property owners to contact
the THC as soon as possible if they are contemplating a tax credit project. The IRS also allows a separate 10 percent tax credit for income-producing buildings constructed prior to 1936,
but not listed in the National Register. Who to Contact: Architecture Division, THC Phone: 512/463-6094 9-5 TEXAS HISTORICAL COMMISSION
9-6 TEXAS HISTORICAL COMMISSION VISIONARIES IN PRESERVATION PROGRAM The THC’s Visionaries in Preservation Program empowers Texas communities to shape the future of their historic preservation
efforts through visioning and planning, and provides training and assistance tailored to achieve local preservation goals. Counties, cities, and even neighborhoods are included in the
definition of “community” and are eligible to participate in the process. Ideally, the CHC would be a leader in planning and participating in the Visionaries in Preservation Program.
The Visionaries in Preservation program is modeled after an innovative planning process known as “visioning.” Visioning is a tool that brings a community together to develop a shared
image of the future and form an action plan for achieving that vision. The process is based on four simple questions: Where are we now? Where are we going? Where do we want to be? How
can we get there? (See Section 3 for more information on visioning.) How the Visionaries in Preservation Program Works Any individual, coalition of supporters, community group or association
is eligible to apply. Local governments, such as mayors and city councils, city planning departments and landmark commissions, county historical commissions and nonprofit organizations
are also eligible. The program does not require a financial commitment, but a community must demonstrate broad support for the initiative as well as organize and host a series of local
meetings and workshops. To ensure success, this process must be community-based and inclusive. Thus, each community’s leadership group must be prepared to garner support for the initiative,
research the issues, organize and advertise visioning workshops and maintain local momentum. Once a community is selected for the program, the THC facilitates a series of local workshops
and works with each community to design the most effective visioning process and timeline. The THC also produces a vision statement and preservation action plan, based on local input
and workshops, for each community in the program. This process requires a commitment of approximately six months to one year. Once the local vision and plan are complete, the THC provides
the necessary preservation training to facilitate success. Training materials cover a range of topics, from how to survey historic resources to successfully funding local preservation
projects. Benefits of the program Through the Visionaries in Preservation program, communities can: n build partnerships among diverse groups and interests. n foster preservation leadership.
n develop unified preservation goals and action plans. n receive priority status for local training and assistance from the THC. n enhance their capability to secure grants and funds
for preservation projects.
Visionaries in Preservation is a new THC program, and there is plenty of room for your CHC to get in on the ground floor. Applications to participate in the program are accepted twice
a year in the spring and fall. The THC hopes to bring up to 10 communities into the program each year. Watch The Medallion and the THC web site for application deadlines. Who to Contact:
Visionaries in Preservation Program, Community Heritage Development Division, THC Phone: 512/463-3345 EMERGENCY RESPONSE/DISASTER RELIEF Natural disasters can threaten historic and prehistoric
resources just as demolition, vandalism or neglect by human hands can. In Texas, the most prevalent disaster threats are floods, hurricanes and tornados. Fire also poses a threat to
individual historic buildings and can constitute a small-scale disaster for property owners. Having an emergency response plan in place will greatly aid disaster relief and increase
the chances for preservation and protection of cultural resources. If your county suffers a natural disaster, the following information is a resource you can turn to for help. In Texas,
both disaster preparedness and disaster relief are coordinated by the Division of Emergency Management (DEM). When the President declares a federal disaster, the Federal Emergency Management
Agency (FEMA) becomes involved. The use of federal funds to assist communities after a disaster is subject to Section 106 review when clean-up and repair work impact historic properties.
In these situations, DEM and FEMA consult with the THC to ensure the historic resources are protected. Although the THC does not have a specific grant program for disaster assistance,
the Texas Preservation Trust Fund (see grants information later in this section of the handbook) may be able to assist in the rehabilitation of historic properties damaged by disaster.
The National Trust for Historic Preservation may be able to assist in the initial damage assessments after a disaster or fire. The Texas Department of Housing and Community Affairs maintains
a Disaster Relief Fund for local government recovery projects. The Small Business Administration aids both business and residential properties with low-or no-interest loans after a declared
disaster. The keys to retaining the integrity of a historic district, property or structure after a disaster are using caution during cleanup, thoroughly documenting the damage, stabilizing
the site during the recovery stage and cautiously drying materials. It is important to develop a visual record (usually photographs/videotape) showing the scope of the disaster and the
damage to the historic fabric. The THC can advise owners of historic properties on the proper cleanup and rehabilitation techniques after disaster strikes. The following web sites may
provide additional information on conservation and preservation of historic properties and their contents after a disaster: n Disaster Preparedness and Response http://palimpsest.stanford.edu/bytopic
/disasters/9-7 TEXAS HISTORICAL COMMISSION
n American Institute for Conservation of Historic and Artistic Works http://aic.stanford.edu/disaster/n Library of Congress Emergency Drying Procedures for Water-damaged Collections
http://lcweb.loc.gov/preserv/emerg/dry.html n After the Flood: Emergency Stabilization and Conservation Measures http://palimpsest.stanford.edu/byorg/nps/npsafter.html EDUCATION AND
TRAINING Once a part of the CHC, members should keep informed of preservation trends and issues on the local, state and national levels. The THC offers a variety of continuing education
opportunities, including, but not limited to, the following: Annual Historic Preservation Conference Each CHC should strive to be represented at the Annual Historic Preservation Conference,
as it is the single best annual opportunity in Texas for preservationists from all over the state to gather for education, training and networking. Many CHCs receive funding from their
county commissioners court to attend the conference. Held in Austin during odd-numbered (legislative) years and in communities other than Austin in even-numbered years, the three-day
conference features seminars, workshops and roundtable discussions on a variety of important preservation issues. It honors recipients of major preservation awards and always offers
opportunities for exploring historic sites and preservation projects in the host community or region. The Annual Historic Preservation Conference is open to anyone interested in attending.
Conference information is mailed to all CHCs after the first of the year and is also available on the THC web site. Who to Contact: Marketing Communications Division, THC Phone: 512/463-6255
Community Heritage Development Application Workshops Each year, the THC offers workshops around the state to explain the application process and requirements for four popular THC programs:
the Texas Main Street Program, the Texas Heritage Trails Program, the Certified Local Government Program and the Visionaries in Preservation Program. If your CHC is interested in applying
for any of these programs, or would just like to come see what they are all about, watch The Medallion and the THC web site for dates and locations. 9-8 TEXAS HISTORICAL COMMISSION
9-9 TEXAS HISTORICAL COMMISSION Who to Contact: Community Heritage Development Division, THC Phone: 512/463-6092 Regional Meetings As part of its Regional Assistance Program, the Texas
Historical Commission brings a team of staff members and others with preservation expertise to your region of the state once a year. The regional meetings are another opportunity for
training and networking, similar to the Annual Historic Preservation Conference but on a smaller scale. Meeting topics vary depending upon the needs of the region. Watch The Medallion
and the THC web site for dates and locations. The map in Appendix III will indicate the region that includes your county. Who to Contact: Administration Division, THC Phone: 512/463-6100
Winedale Museum Seminar The Winedale Museum Seminar on Administration and Interpretation, held each fall at the Winedale Historical Center near Round Top (Fayette County), is a 10-day
training course on various aspects of museum work. Designed to improve quality and promote the continuing development of community and regional history museums and historical organizations,
the program is fashioned to meet the needs of mid-to upper-level museum administrators, curators, educators, exhibits specialists and other staff members, as well as the lone professional
and experienced volunteer. The seminar consists of sessions on a wide variety of topics, including grant writing, fund raising, volunteer management, object research, exhibit design
and fabrication, conservation, education programming, historic photographs and program evaluation. Twenty participants are chosen from applicants who must be professional staff members
or experienced volunteers in museums or historical organizations. Who to Contact: Museum Services Coordinator, History Programs Division, THC Phone: 512/463-5853 GRANTS AND FUND RAISING
The THC offers several grant programs to assist in the preservation and promotion of historic and cultural resources. Most THC grants require the local preservation organization to match
its funds, and funds are reimbursed as opposed to provided up front. Many other sources of grant funds exist across the state and the nation for those willing to prepare grant applications.
The THC also offers a workshop on how to write successful grants. THC resources for grants and fund raising are outlined below.
9-10 TEXAS HISTORICAL COMMISSION Texas Preservation Trust Fund Created by the Texas Legislature in 1989, the Texas Preservation Trust Fund (TPTF) is an interest-earning pool of public
and private monies. The earned interest and designated gifts are distributed yearly as matching grants to public and private owners of eligible historic properties and archeological
sites. Preservation grants from the Trust Fund can be made to any public or private entity, including those whose purposes include historic preservation, that is either the owner, manager,
lessee, maintainer or potential purchaser of an eligible historic property. TPTF grants pay up to half of the total project costs to help preserve Texas’ cultural resources. Grant funds
are awarded for: n Planning — to prepare plans essential to preservation, such as feasibility studies, historic structures reports and comprehensive preservation plans n Acquisition
— to secure absolute ownership of a historic building or archeological site n Development — to stabilize, rehabilitate or restore a historic building or structure n Education and training
— to prepare public educational or training programs and materials on historic preservation n Survey — to inventory cultural resources within set boundaries Properties seeking TPTF grant
assistance must meet at least one of the following criteria: n be listed in the National Register of Historic Places, n be designated a Recorded Texas Historic Landmark, n be designated
a State Archeological Landmark, n have a permanent conservation easement, or n be eligible for historical designation. Although eligible for TPTF assistance, county courthouses more
appropriately would apply for funding through the THC’s Texas Historic Courthouse Preservation Program (see below). Applications for funding are due on or about August 1, and the THC
allocates TPTF grants at its fall commission meeting. Application forms and deadlines appear on the THC web site. Funding Range: Typically, grants range from $5,000 to $25,000. Who to
Contact: Deputy Executive Director, Administration, THC Phone: 512/463-6100 Texas Historic Courthouse Preservation Program At a joint press conference with the National Trust for Historic
Preservation in June 1998, Gov. George W. Bush proposed the Texas Courthouse Preservation Initiative to provide matching grants to counties to rehabilitate and restore historic courthouses
throughout the state. In its next legislative session, the Texas Legislature committed $50 million to begin the preservation effort and chose the THC to administer the program, officially
called the Texas Historic Courthouse Preservation Program. An additional $50 million was allocated by the subsequent legislature to continue the grants.
Any county that owns a historic courthouse may apply to the THC for a grant or loan under this program. The building must be a historic courthouse structure, defined as meeting one or
more of the following criteria: n at least 50 years old prior to the date of application, with the initial date of service defined as the date of the first official commissioners court
meeting in the building; n listed in the National Register of Historic Places; n designated a Recorded Texas Historic Landmark; n designated a State Archeological Landmark; n certified
by the THC to other state agencies as worthy of preservation; or n designated by an ordinance of a municipality with a population of more than 1.5 million as historic. In addition, in
order to be eligible for funding, a county must have completed a THCapproved master preservation plan, finalized or updated in the 30-month period prior to the date of application. Courthouse
program grant recipients must provide a match of up to 15 percent of the total project cost. cost. Not more than one half of the match may be derived from prior capital expenditures,
prior in-kind match and current in-kind match, and at least one half of the match must be derived from current cash match and/or planning match. Prior capital expenditures and prior
in-kind matches constitute credit for THC-approved capital and planning expenditures during the 30-month period prior to the date of application. A county that receives money under the
courthouse program must use the money only for preservation, reconstruction, rehabilitation and restoration expenses that the THC determines eligible. All work must comply with the Secretary
of the Interior’s Standards for the Treatment of Historic Properties. Application forms are available directly from the THC or online at the THC web site. They are evaluated based on
criteria established by the THC, and funding amounts are allocated at an open meeting of the THC commissioners. Watch The Medallion and the THC web site for deadlines. Funding range:
Maximum allowable grant amount is $4 million. Who to Contact: Texas Historic Courthouse Preservation Program, Architecture Division, THC Phone: 512/463-6094 Museum Grants Each year,
the THC sets aside a portion of its general revenue funding to use as matching grant funds to assist Texas history museums in the preservation, conservation and interpretation of museum
collections. The following criteria must be met by applicant museums. The museum must: n be an organized and permanent nonprofit institution, either public or private, that is essentially
educational or aesthetic in purpose; 9-11 TEXAS HISTORICAL COMMISSION
9-12 TEXAS HISTORICAL COMMISSION n employ at least one person, either paid or unpaid, who devotes time primarily to the acquisition, care and exhibition of historical objects owned or
used by the institution; n have the operation of the museum as its primary function (applies to institutions with multiple functions such as libraries and archives); n own and utilize
tangible objects, while maintaining adequate accession records on all collections; n maintain exhibits which are open to the public on a regular schedule at least 20 hours per week,
10 months a year; and n be accessible to persons with disabilities. Applications may be submitted for up to 50 percent of the project cost, provided the request does not exceed $1,000.
Applicant institutions must provide the other 50 percent of the cost of the project, in either cash or in-kind services. In-kind services may not exceed onehalf of a museum’s contribution.
Grant projects may include, but are not limited to, the following: n purchase of acid-free storage storage materials and storage filing cabinets n purchase of UV filtering products n
development of education programs n conservation surveys, training and actual work on artifacts n cataloging, care, and use of historic photographs and taped oral history interviews
n Projects involving construction of facilities or purchase of equipment (e.g., computers, tape recorders) are not eligible for museum grant funds. Grant applications are generally due
in the late fall, and the THC allocates its museum grant monies one time per year, usually at the winter quarterly commission meeting, Watch The Medallion and the THC web site for deadlines.
Funding Range: Grants may not exceed $1,000. Who to Contact: Museum Services Coordinator, History Programs Division, THC Phone: 512/463-5853 Certified Local Government Grants Communities
or counties designated as Certified Local Governments (CLG) by the THC and National Park Service are eligible to compete on an annual basis for at least 10 percent of the state’s Historic
Preservation Fund appropriation from the federal government, which is distributed as matching grants (see information in this section of the handbook on how to become a CLG). These grants
may be used for projects that will produce tangible results and further local and state goals of historic preservation. Such projects may include technical or professional assistance
for: n the preservation program of a local government. n completion or update of the survey and inventory of local historic resources.
n nomination of properties to the National Register of Historic Places. n development or update of a historic preservation plan. n travel stipends to attend a THC-sponsored preservation
conference or workshop. n educational endeavors, programs and publications. The CLG must match the grant funding on a one-to-one basis, with payment on a reimbursement schedule. The
THC awards grants annually; watch for grant deadline information on the THC web site and in The Medallion. Funding Range: Typically, grants range from $250 to $5,500. Who to Contact:
Certified Local Government Program, Community Heritage Development Division, THC Phone: 512/463-6092 Heritage Tourism Partnership Grants Government and nonprofit organizations in counties
within an active Texas Heritage Trails Region (see Section 8) can apply for matching grants for heritage tourism-oriented projects such as interpretive signage, communications materials,
cultural heritage events, exhibits and training.A total of $30,000 is available in each region during each grant cycle. Grants require a match on a one-to-one basis in cash or in-kind
services. Watch The Medallion and the THC web site, or contact your heritage trail coordinator (see Appendix III) for grant deadlines. Funding Range: Maximum grant award is $5,000. Who
to Contact: Heritage Tourism Program, Community Heritage Development Division, THC Phone: 512/463-1236 Grant Writing Workshops Each summer the THC and the Friends of THC sponsor grant
writing workshops, which provide practical training for writing effective grant proposals. If your CHC has a special project in mind or needs to augment its county budget, these workshops
are designed to improve your chances of becoming grant recipients. The seminars cover all aspects of fund raising, including where to find funding, how to approach foundations and how
to write convincing proposals. The seminars are intended for volunteers and staff from a variety of fields, including health care, the arts, preservation, nonprofit and governmental
administration. A two-day basic workshop covers the “nuts and bolts” of grant writing, while an intensive four-day workshop provides the “nuts and bolts,” in addition to two days’ use
of the Hogg Foundation Library resources under the guidance of the collection supervisor. Class size is limited, and there is a charge for the workshops. Watch The Medallion and the
THC web site for dates and locations each year. Who to Contact: Community Heritage Development Division, THC Phone: 512/463-6092 9-13 TEXAS HISTORICAL COMMISSION
COMMUNICATION RESOURCES The Medallion The THC’s bimonthly publication is an important source of information for CHCs. It contains feature articles, spotlights on particular programs,
grant information, training opportunities, preservation news from around the state and a calendar of events. The Medallion is free for the asking; all CHC chairs and members are automatically
placed on the mailing list. If your members are not receiving The Medallion, or if you have calendar items of statewide interest, please let us know. Who to Contact: Marketing Communications
Division, THC Phone: 512/463-6255 CHC Listserv Access to email greatly enhances communication with the THC’s preservation partners, including CHCs. The THC manages an email listserv
for CHCs, through which news and information can be sent to all CHCs with email addresses and by which CHCs can ask questions and share information. CHC chairs (or their designees) are
automatically placed on the listserv when the THC receives notice of your email address. CHCs are strongly encouraged to connect with this network; if you do not have a home computer
with email, check with your local public library about how to set up an email account on the public computers there. Who to Contact: History Programs Division, THC Phone: 512/463-6063
Texas Historic Sites Atlas (http://atlas.thc.state.tx.us) The Texas Historic Sites Atlas is an important preservation tool with a number of uses. The Atlas is a web-based database with
information on nearly 250,000 historic and archeological sites documenting Texas history. This database contains records from site form and location information gathered during a three-year
period from museums, universities and agencies across the state. This data is combined with digital maps to allow the user to find a historic site’s location as well as its condition.
Because it was deliberately designed for web users, the Atlas can be an educational resource, heritage tourism tool and preservation bulletin, all in one. The Atlas contains information
on National Register properties, including nomination forms and photographs; Official Texas Historical Markers, including marker inscriptions; historic sawmills; county courthouses;
museums; and survey data. With the help of a TEA-21 grant through the Texas Department of Transportation, the THC is in the process of expanding the database to include new sets of data,
including historic cemeteries, new base maps, recently entered site records, links to more images and more complete site location information. Users of the Atlas can search by county,
name or address to find the information they need. Full-text searching is available for the historical markers. The full-text search tool allows the user to search for all occurrences
of any name, word or phrase in the marker inscription. 9-14 TEXAS HISTORICAL COMMISSION
9-15 TEXAS HISTORICAL COMMISSION Users can also perform a full-text search on the resources within a particular county or city, or choose to search the records for the entire state.
No archeological site information is included in the publicly accessible Atlas, since state and federal laws prohibit the release of specific information on archeological sites to the
general public as protection from destruction and vandalism. Qualified preservation professionals may apply for access to the restricted archeological data. Who to Contact: Texas Historic
Sites Atlas Program, Archeology Division, THC Phone: 512/463-6096 THC Library The THC’s Library serves the agency and the public as the THC’s main repository of books, records and archives.
The library contains material related to state and local history, historic preservation and antiquities protection in Texas. The collections include books, journals, published and unpublished
reports, agency records, personal papers, maps, microfiche, sound and video recordings recordings and other media. Although library material does not circulate outside the agency, researchers,
students and the public are welcome to use the collections on site. The THC Library offers the following services: n use of the collections on site n online and printed guides to collections
n professional librarian on site n two computers for public use n access to the online Texas Historic Sites Atlas and the Internet n ample study tables and chairs n copy and other duplication
services (at standard prices) The Library’s collections include: n Books — more than 3,000 volumes concentrated principally in five subject areas: museum studies, archeology, state and
local history, historic preservation and architecture in Texas. n Records generated by THC programs, including the Official Texas Historical Marker files, National Register files, Historic
Texas Cemetery files and museum files. n Slides and photographs n Periodicals — current and back issues of preservation-and history-related journals, magazines magazines and newsletters
n Archeological Report Collection — available only to registered users and appropriate state agencies due to the sensitive nature of some data. The THC Library also has approximately
100 theses and dissertations
and a growing collection of county and city histories and oral history interviews. The library is housed in the historic Gethsemane Church building on the southwest corner of 16th Street
and Congress Avenue, just north of the Capitol. It is open from 8 a.m.
9-16 TEXAS HISTORICAL COMMISSION to 5 p.m., Monday through Friday, except on state and federal holidays. Metered street parking is available. Who to Contact: THC Library, History Programs
Division, THC Phone: 512/463-5753 THC Web Site (www.thc.state.tx.us) Access to the THC web site via the Internet will provide the CHC with a world of information and resources to complement
and enhance the information found in this handbook. Various forms, program information, a statewide calendar of preservation events, links to helpful preservation sites and other features
are there for your use and continuing education. If you do not have a home computer with Internet access or permission to use computers at the courthouse, check with your local public
library about using the Internet on the public computers there. The THC web staff is interested in your comments and welcomes your input about the site. Who to Contact: Marketing Communications
Division, THC Phone: 512/463-6255 AWARDS The Texas Historical Commission offers a variety of awards to recognize hard work and worthy accomplishments in the preservation of Texas’ heritage.
CHCs are encouraged to recognize their outstanding members and leaders, their museums and their various preservation activities by submitting nominations as outlined below. The THC awards
program was revamped in 2001, with new guidelines in effect as of the year 2002. Please read carefully the new guidelines to verify criteria and deadline information. All nominations
must be accompanied by a completed cover form (Figure 6). Copies of the form may be made from the sample in this handbook or may be obtained, along with additional assistance if necessary,
from the THC. Who to Contact: History Programs Division, THC Phone: 512/463-5853 Governor’s Award for Historic Preservation Purpose: To recognize the highest achievement of an individual
or organization in the preservation of Texas’ prehistoric and historic heritage. One award will be presented each year at a special ceremony arranged with the Governor’s office. Requirements:
1) Each nomination must include: a) a completed cover form b) a concise description (not to exceed two double-spaced pages) of the nominee’s achievement(s)
9-17 THC AWARDS NOMINATION COVER FORM NOMINEE INFORMATION Name _____________________________________________________________________________________________ Address __________________________________
_________________________________________________________ Daytime Telephone (include area code) __________________________ Email Address __________________________ Texas State Representative
____________________________________________________________________________ Texas State Senator __________________________________________________________________________________ Nomination
Submitted By ____________________________________________________________________________ Address ___________________________________________________________________________________________
Daytime Telephone (include area code) __________________________ Email Address __________________________ Please complete one cover form for each award nomination. I am submitting a
nomination for the following award: q Governor’s Award for Historic Preservation q Ruth Lester Lifetime Achievement Award q John Ben Shepperd County Historical Commission Leadership
Award q George Christian Outstanding Volunteer of the Year Award q Award of Excellence in Museums q Award of Excellence in Preserving History q Award of Excellence in Historic Architecture
q Curtis D. Tunnell Lifetime Achievement Award in Archeology q Anice B. Read Award of Excellence in Community Heritage Development q Award of Excellence in Media Achievement q Museum
Award of Merit q Award of Merit in Historic Preservation Note: The Texas Historical Commission reserves the right to retain all submitted documentation. Please attach this form to each
nomination and mail to: History Programs Division, Texas Historical Commission, P.O. Box 12276, Austin, TX 78711. For UPS/surface delivery, send to 1511 N. Colorado, Austin, TX 78701.
Please feel free to make copies of this form as needed. Call the History Programs Division, 512/463-5853, for questions or assistance. TEXAS HISTORICAL COMMISSION Figure Figure 6 Awards
Nomination Cover Form.
9-18 TEXAS HISTORICAL COMMISSION c) a single-paragraph synopsis of the achievement(s) d) a resumé or vita if the nominee is an individual e) a list of all persons involved in the achievement
if the nominee is an organization, institution, or agency 2) Each nomination may also include supporting documentation to illustrate the nomination narrative. Letters in support of the
nomination will not be considered. Any photographs submitted should be black and white, labeled and show a credit line for publication. 3) The nominee’s efforts/contributions must be
consistent with state historic preservation programs and policies. 4) Award decisions will be made by the Awards Committee of the Texas Historical Commission, with ratification and final
approval by the full Commission. Deadline: Nominations must be received no later than 5 p.m. on the second Friday in December. Nominations submitted in previous years may be resubmitted.
Ruth Lester Lifetime Achievement Award Purpose: To recognize those individuals who have made a significant, long-term contribution to historic preservation in Texas. One award will be
presented at the Annual Historic Preservation Conference, although the Commission may choose not to present an award in any given year. Requirements: 1) Each nomination must include:
a) a completed cover form b) a concise description (not to exceed two double-spaced pages) of the nominee’s achievement(s) c) a single-paragraph synopsis of the achievement(s) d) a resumé
or vita 2) Each nomination may also include supporting documentation to illustrate the nomination narrative. Letters in support of the nomination will not be considered. 3) The nominee’s
efforts/contributions must be consistent with state historic preservation programs and policies. 4) Award decisions will be made by the Awards Committee of the Texas Historical Commission
with ratification and final approval by the full Commission. Deadline: Nominations must be received no later than 5 p.m. on the second Friday in December. John Ben Shepperd County Historical
Commission Leadership Award Purpose: To recognize outstanding individual leadership necessary to carry out an aggressive and well-balanced preservation program. One award will be presented
at the Annual Historic
Preservation Conference, although the Commission may choose not to present an award in any given year. Requirements: 1) Only chairs of county historical commissions are eligible for
the award. 2) Each nomination must include: a) a completed cover form b) a concise description (not to exceed two double-spaced pages) of the achievement(s) c) a single-paragraph synopsis
of the achievement(s) d) a resumé or vita 3) Each nomination may also include supporting documentation to illustrate the nomination narrative. Letters in support of the nomination will
not be considered. 4) The nominee’s efforts/contributions must be consistent with state historic preservation programs and policies. 5) Award decisions will be made by the Awards Committee
of the Texas Historical Commission, with ratification and final approval by the full Commission. Deadline: Nominations must be received no later than 5 p.m. on the second Friday in December.
George Christian Outstanding Volunteer of the Year Award Purpose: To recognize an individual for outstanding volunteer service to historic preservation efforts in Texas. One award will
be presented at the Annual Historic Preservation Conference, although the Commission may choose not to present an award in any given year. Requirements: 1) Each nomination must include:
a) a completed cover form b) a concise description (not to exceed two double-spaced pages) of the achievement(s) c) a single-paragraph synopsis of the achievement(s) d) a resumé or vita
2) Each nomination may also include supporting documentation to illustrate the nomination narrative. Letters in support of the nomination will not be considered. 3) The nominee’s efforts/contribution
s must be consistent with state historic preservation programs and policies. 4) Award decisions will be made by the Awards Committee of the Texas Historical Commission, with ratification
and final approval by the full Commission. Deadline: Nominations must be received no later than 5 p.m. on the second Friday in December. 9-19 TEXAS HISTORICAL COMMISSIO
NAward of Excellence in Museums Purpose: To recognize an individual or institution for achievement in the areas of historical interpretation, museum education, conservation of collections
and/or community involvement. One award will be presented at the Annual Historic Preservation Conference, although the Commission may choose not to present an award in any given year.
Requirements: 1) Each nomination must include: a) a completed cover form b) a concise description (not to exceed two double-spaced pages) of the achievement(s) c) single-paragraph synopsis
of the achievement(s) d) a resumé or vita if the nominee is an individual e) a list of all persons involved in the achievement if the nominee is an organization, institution, or agency
2) Each nomination may also include supporting documentation to illustrate the nomination narrative. Letters in support of the nomination will not be considered. 3) Only project work
completed within the previous two calendar years is eligible for entry. 4) The nominee’s efforts/contributions must be consistent with state historic preservation programs and policies.
5) Award decisions will be made by the Awards Committee of the THC, based on recommendations of a committee of three museum professionals and a staff member of the History Programs Division,
with ratification and final approval by the full Commission. Deadline: Nominations must be received no later than 5 p.m. on the second Friday in December. Texas Historical Commission
Award of Excellence in Preserving History Purpose: To recognize an individual, organization or project that has significantly contributed to the understanding or preservation of Texas
history. Specifically designed to recognize achievements in preservation planning, historic site identification, preservation of significant archival or artifact collections, or research
that leads to a greater understanding of state or local history. One award will be presented at the Annual Historic Preservation Conference, although the Commission may choose not to
present an award in any given year. Requirements: 1) Each nomination must include: a) a completed cover form b) a concise description (not to exceed two double-spaced pages) of the achievement(s)
c) single-paragraph synopsis of the achievement(s) d) a resumé or vita if the nominee is an individual 9-20 TEXAS HISTORICAL COMMISSION
e) a list of all persons involved in the achievement if the nominee is an organization, institution or agency 2) Each nomination may also include supporting documentation to illustrate
the nomination narrative. Letters in support of the nomination will not be considered. 3) Only project work completed within the previous two calendar years is eligible for entry. 4)
The nominee’s efforts/contributions must be consistent with state historic preservation programs and policies. 5) Award decisions will be made by the Awards Committee of the Texas Historical
Commission, based on recommendations of a committee of History Programs Division staff, with ratification and final approval by the full Commission. Deadline: Nominations must be received
no later than 5 p.m. on the second Friday in December. Texas Historical Commission Award of Excellence in Historic Architecture Purpose: To recognize an architect or architectural firm
for exemplary work that has made a significant contribution to the preservation of Texas’ architectural heritage. One award will be presented at the Annual Historic Preservation Conference,
although the Commission may choose not to present an award in any given year. Requirements: 1) Each nomination must include: a) a completed cover form b) a concise description of the
achievement(s), including: project name; project address; historical designation(s), if any; date of completion c) a single-paragraph synopsis of the achievement(s) d) up to 20 slides
(35-mm format) necessary to adequately document the project or body of work e) a resumé or vita if the nominee is an individual 2) Each nomination may also include supporting documentation
to illustrate the nomination narrative. Letters in support of the nomination will not be considered. 3) Only project work completed within the previous two calendar years is eligible
for entry. 4) Nominee’s efforts/contributions must be consistent with state historic preservation programs and policies. Only projects substantially completed and meeting the Secretary
Secretary of the Interior’s Standards for the Treatment of Historic Properties, 1992, or revised (as interpreted by the Texas Historical Commission) are eligible. 5) Award decisions
will be made by the Awards Committee of the Texas Historical Commission, based on recommendations of a committee of Architecture Division staff, with ratification and final approval
by the full Commission. 9-21 TEXAS HISTORICAL COMMISSION
9-22 TEXAS HISTORICAL COMMISSION Deadline: Nominations must be received no later than 5 p.m. on the second Friday in December. Curtis D. Tunnell Lifetime Achievement Award in Archeology
Purpose: To recognize an individual for outstanding lifetime accomplishments in archeological research and/or preservation. One award will be presented at the Annual Historic Preservation
Conference, although the Commission may choose not to present an award in any given year. Requirements: 1) Professional and avocational archeologists are eligible to receive this award.
2) Each nomination must include: a) a completed cover form b) a concise description (not to exceed two double-spaced pages) of key achievement(s) c) a single-paragraph synopsis of the
achievement(s) d) a resumé or vita 3) Each nomination may also include supporting documentation to illustrate the nomination narrative. Letters in support of the nomination will not
be considered. 4) The nominee’s efforts/contributions must be consistent with state historic preservation programs and policies. 5) Award decisions will be made by the Awards Committee
of the Texas Historical Commission, based on recommendations of a committee of Archeology Division staff, with ratification and final approval by the full Commission. Deadline: Nominations
must be received no later than 5 p.m. on the second Friday in December. Anice B. Read Award of Excellence in Community Heritage Development Purpose: To recognize an individual or organization
for exemplary work in downtown revitalization, preservation planning, heritage tourism or visioning which promotes the economic impact of historic preservation in Texas. One award will
be presented at the Annual Historic Preservation Conference, although the Commission may choose not to present an award in any given year. Requirements: 1) Each nomination must include:
a) a completed cover form b) a concise description (not to exceed two double-spaced pages) of the nominee’s achievement(s), including the area of accomplishment (downtown revitalization,
heritage tourism, preservation planning or visioning) c) a single-paragraph synopsis of the achievement(s) d) a resumé or vita if the nominee is an individual
e) a list of all persons involved in the achievement if the nominee is an organization or public entity 2) Each nomination may also include supporting documentation to illustrate the
nomination narrative. Letters in support of the nomination will not be accepted. 3) The nominee’s efforts/contributions must be consistent with state historic preservation programs and
policies. 4) Award decisions will be made by the Awards Committee of the Texas Historical Commission, based on recommendations of a committee of Community Heritage Division staff, with
ratification and final approval by the full Commission. Deadline: Nominations must be received no later than 5 p.m. on the second Friday in December. Texas Historical Commission Award
of Excellence in Media Achievement Purpose: To promote excellence in reporting by print or electronic media on preservation and/or heritage tourism issues, increasing awareness of the
state’s historic and prehistoric resources. One award will be presented at the Annual Historic Preservation Conference, although the Commission may choose not to present an award in
any given year. Requirements: 1) Each nomination must include: a) a completed nomination form b) a concise description (not to exceed two double-spaced pages) of the achievement(s) c)
a copy of the article, videotape, audio tape, etc., as applicable to the format of the media achievement(s) being nominated d) a single paragraph synopsis of the achievement(s) 2) Each
nomination may also include supporting documentation to illustrate the nomination narrative. Letters in support of the nomination will not be considered. 3) Only project work completed
within the previous two calendar years is eligible for entry. 4) The nominee’s efforts/contributions must be consistent with state historic preservation programs and policies. 5) Award
decisions will be made by the Awards Committee of the Texas Historical Commission, based on recommendations of a committee of Marketing Communications Division staff, with ratification
and final approval approval by the full Commission. Deadline: Nominations must be received no later than 5 p.m. on the second Friday in December. T.R. Fehrenbach Book Award Purpose:
To honor original research and publication of material that preserves, records and recounts the prehistory and history of Texas. The award is named in honor of T.R. 9-23 TEXAS HISTORICAL
COMMISSION
9-24 TEXAS HISTORICAL COMMISSION Fehrenbach, Texas history author and former Texas Historical Commission chair. Up to three awards are presented at the Annual Historic Preservation Conference.
Requirements: 1) The competition is open to any publication on Texas history, provided that it is a scholarly work based on original research of historic documents, interviews and other
related sources. All entries must reflect serious efforts to add to the knowledge of Texas history. (Cookbooks, coloring books and other non-scholarly publications are not appropriate.)
2) Three copies of each nominated book must be submitted with the official nomination form. Books will not be returned. 3) To be eligible, a book must have been published during the
contest year, in an edition of no fewer than 200 copies. 4) Judging decisions will be made by a panel of Texas scholars appointed by the Texas Historical Commission. 5) Following the
Annual Historic Preservation Conference (where all nominated books will be displayed), one set of nominated books will remain in the main library of the Texas Historical Commission.
The other sets will be deposited at various Texas libraries. 6) Nominations that do not meet these requirements will be disqualified and returned. Deadline: All entries must be received
no later than 5 p.m. December 31. Postmark dates are not sufficient. If entries are delivered in person, they must be to Texas Historical Commission offices (1511 N. Colorado, Austin,
Texas, 78701). Late entries will be disqualified and returned. Texas Historical Commission Museum Award of Merit Purpose: To recognize the outstanding achievements and important roles
history museums play in preserving Texas heritage. Awards will be presented locally by a THC Commissioner at a time and place agreed upon by the THC and the recipient. Requirements:
1) One award will be presented each year in three categories based on museum budget classifications: n $49,000 or less n $50,000 to $150,000 n $150,000 or more 2) Any museum that has
developed exhibits, media productions, programs or educational activities within a historical framework is eligible. 3) Each nomination must include: a) a completed nomination form b)
a concise description (not to exceed two double-spaced pages) of the nominee’s achievement(s)
c) a single-paragraph synopsis of the achievement(s) 3) Only Texas history museums are eligible. A museum may submit only one entry per year, and only projects completed within the previous
two calendar years will be eligible. 4) The nominee’s efforts must be consistent with state historic preservation programs and policies. 5) Award nominations will be reviewed by a committee
consisting of three museum professionals and History Programs Division staff members. Recommendations to the THC Awards Committee will be based on accuracy, authenticity of interpretation,
aesthetics, imagination, scholarship and adherence to rules and criteria. Additional considerations will be based on demonstrated accomplishments of purpose, quality and appropriateness
to the museum and the public it serves. Award decisions will be made by the THC Awards Committee, with ratification and final approval by the full Commission. Deadline: Nominations must
be received no later than 5 p.m. on the second Friday in December. Texas Historical Commission Award of Merit in Historic Preservation Purpose: To recognize the efforts and/or contributions
of an individual or organization involved in preserving Texas’ cultural and historical resources. Awards will be presented locally at a time and place deemed to give the most beneficial
recognition to the recipient. Commission members and THC staff will participate in local presentations as time and resources allow. The Award of Merit will not be presented at the Annual
Historic Preservation Conference. Requirements: 1) Each nomination must include: a) a completed cover form b) a concise description (not to exceed one double-spaced page) of the achievement(s)
c) a one-paragraph synopsis of the nominee’s achievement(s) d) a resumé or vita if the nominee is an individual e) a list of all persons involved in the achievement if the nominee is
an organization 2) Award decisions will be made by a three-member committee consisting of Texas Historical Commission staff members, with final approval by the Executive Director. 3)
The nominee’s efforts/contributions must be consistent with state historic preservation programs and policies. Deadline: Nominations may be submitted at any time during the year. Distinguished
Service Award Of all the THC Awards Program revisions that will become effective in the year 2002, the ones reflecting the most change will be those dealing with the Distinguished Service
Award 9-25 TEXAS HISTORICAL COMMISSION
9-26 TEXAS HISTORICAL COMMISSION (DSA). In previous years, applicants were given lists of detailed categories and were asked to complete specific tasks within those categories. Those
who successfully fulfilled the requirements for three categories, including Organizational Structure, received DSA recognition at the Annual Historic Preservation Conference. In an effort
to make the process less cumbersome and allow CHCs greater latitude to attain recognition for a wide spectrum of projects and accomplishments, the THC Awards Committee has discontinued
the individual categories for the DSA. Beginning with the 2002 program of work, CHCs will be asked to report on any and all significant accomplishments and CHC-sponsored events as part
of their End-of-Year Reports to the Texas Historical Commission. The Awards Committee of the Commission will review the reports and make recommendations for DSA recognition based on
an overall evaluation of each county’s achievements in historic preservation activities and programs for the year. Using this handbook and the statewide plan, each CHC should carefully
plan their programs and activities, and keep good records throughout the year, so that major accomplishments and events can be fully reported in the End-of-Year Report. Who to Contact:
History Programs Division, THC Phone: 512/463-5853 Historic Texas Lands Plaque For decades, Texas landowners have worked with the Texas Historical Commission to preserve important sites
all over the state. Because of these efforts, historic places from frontier forts to Ice Age hunting camps have been studied and preserved. The landowners who helped to preserve these
places know the value of Texas history and prehistory. These landowners preserve sites not because they have to, because they want to. The THC recognizes such landowners with the Historic
Texas Lands plaque. Cast in aluminum and a foot in diameter, these plaques are a special form of recognition available only to qualified landowners. A landowner who has completed at
least one of of the following can be acknowledged as a Historic Texas Lands landowner: n Transferred ownership (via donation or sale) of an archeological site to the THC, another state
agency or a suitable nonprofit organization such as a land trust. The transfer must have been for the purpose of permanent preservation of a site. or n Sold or donated a permanent conservation
easement to the THC, another state agency or a nonprofit land trust. This easement must provide for permanent conservation of one or more significant archeological sites. or n Designated
one or more State Archeological Landmarks by completing the following steps: nomination, receiving the designation and filing it with the appropriate county office. or n Allowed substantial
and significant archeological research on his or her property. This means survey, testing or major excavation by responsible professional or avocational archeolo
gists. The research must contribute significantly to our knowledge of Texas archeology or directly lead to permanent preservation of one or more significant sites. The results of that
research must be published, or all materials resulting from that research — including all artifacts, notes, records, etc. — must be curated at an approved state repository. Who to Contact:
Archeology Division, THC Phone: 512/463-6096 SOURCES FOR FURTHER STUDY n Bauer, David G. The “How To” Grants Manual: Successful Grant Seeking Techniques for Obtaining Public and Private
Grants, 4th ed. American Council on Education/Oryx Press., 1999. n Candee, Mary E. and Richard Casagra, ed. PREP: Planning for Response and Emergency Preparedness. Austin, TX: Texas
Association of Museums, 1993. n Guajardo, Frances, ed. The Directory of Texas Foundations 2002. New York: Non-Profit Resource Center, 2002. n Konicki, Leah. Rescuing Historic Resources:
How to Respond to a Preservation Emergency. Washington, D.C.: National Trust for Historic Preservation, 1998. n Miner, Lynn E., Jeremy T. Miner and Jerry Griffith. Proposal Planning
and Writing, 2nd ed. Oryx Press, 1998. 9-27 TEXAS HISTORICAL COMMISSION
Appendix I Preservation Statutes: State Laws Pertaining to the Texas Historical Commission and County Historical Commissions CONTENTS Internet Resources ..............................................
......................................................................2 County Historical Commission Statute .....................................................................................3
Texas Historical Commission Statute .......................................................................................7 Antiquities Code of Texas ................................................
......................................................28 Laws of Texas Pertaining to Museums ....................................................................................40 Hotel
Occupancy Tax ............................................................................................................48 Conservation Easements Act ...............................................
...................................................52 Designations of State Highways by Local Governments .........................................................54 Laws Concerning
County Courthouses ..................................................................................55 Laws Concerning Cemeteries ....................................................................
.............................60 Laws of Texas Pertaining to Monuments, Memorials and Historic Sites ................................86
Tax Exemptions Related to Cultural Resources ......................................................................91 I-1
INTERNET RESOURCES The full text and additional information regarding the statutes and Attorney General opinions affecting the Texas Historical Commission (THC) and county historical
commissions (CHC) can be found at the following web sites: Texas Statutes www.capitol.state.tx.us/statutes/statutes.html Rules & Regulations Concerning Historic Preservation in Texas
www.thc.state.tx.us Select “Rules and Regulations” from the main menu and choose from the menu that pops up on the right. Texas Flag Code www.tsl.state.tx.us/ref/abouttx/flagcode.html
Texas Legislative Reference Library www.lrl.state.tx.us/isaf/Attorney General www.oag.state.tx.us Select “Opinions” from the sidebar. State Historic Preservation Legislation Database
www.ncsl.org/programs/arts/statehist.htm I-2 TEXAS HISTORICAL COMMISSION
COUNTY HISTORICAL COMMISSION STATUTE LOCAL GOVERNMENT CODE Chapter 318. Historic preservation by counties Subchapter A. County historical commission Sec. 318.001. Definition. In this
subchapter, “commission” means the county historical commission. Sec. 318.002. Establishment. The commissioners court of a county may appoint a county historical commission for the purpose
of initiating and conducting programs suggested by the commissioners court and the Texas Historical Commission for the preservation of the county’s historic cultural resources. Programs
suggested by the Texas Historical Commission must be consistent with the statewide preservation plan. In suggesting programs, the Texas Historical Commission shall consider the fiscal
and human resources the county has to conduct the programs. Sec. 318.003. Composition; Term. (a) The commission must be composed of at least seven residents of the county. Members of
the commission must be individuals who broadly reflect the age, ethnic, and geographic diversity of the county. (b) The members of the commission shall be appointed during the month
of January of oddnumbered years and are appointed for a term of two years. The commissioners court shall fill a vacancy on the commission for the remainder of the unexpired term. (c)
Each commission member must have an interest in historic preservation and an understanding of local history and resources. (d) The commissioners court shall provide to the Texas Historical
Commission a list of appointed members and the mailing address of each member. Sec. 318.004. Appointment by State. If the commissioners court fails to appoint a commission by April 1
of each odd-numbered year, the Texas Historical Commission may appoint the commission after 30 days’ written notice to the commissioners court of its intention to do so. The county judge
shall serve as commission chair during any interim period. I-3 TEXAS HISTORICAL COMMISSION
Sec. 318.005. Meetings. (a) The commission shall meet at least four times each year and may meet as often as the commission may determine under rules adopted by it for its own regulation.
(b) All meetings of the commission shall be conducted in accordance with the open meetings law, Chapter 551, Government Code. Sec. 318.006. Resource Identification. (a) The commission
should institute and carry out a continuing survey of the county to determine the existence of historic buildings and other historical and archeological sites, private archeological
collections, important endangered properties, or other historical features within the county, and should report the data collected to the commissioners court and the Texas Historical
Commission. (b) The commission should develop and maintain its inventory of surveyed individual properties and districts in accordance with standards established by the Texas Historical
Commission. (c) The commission should establish a system for the periodic review and assessment of the condition of designated properties in the county, including Recorded Texas Historic
Landmarks, State Archeological Landmarks, and individual historic properties or districts listed in the National Register of Historic Places. The commission should report the results
of the review and assessment to the Texas Historical Commission. Sec. 318.007. Education. The commission should strive to create countywide awareness and appreciation of historic preservation
and its benefits and uses. Sec. 318.008. Reports and Recommendations. (a) In order to inform the commissioners court and the Texas Historical Commission of the commission’s needs and
programs, the commission shall make an annual report of its activities and recommendations to the commissioners court and to the Texas Historical Commission before the end of each calendar
year. The commission may make as many other reports and recommendations as it sees fit. The commission shall make recommendations to the commissioners court and the Texas Historical
Commission concerning the acquisition and designation of property, real or personal, that is of historical or archeological significance. Sec. 318.009. Fiscal and Human Resources. (a)
The commissioners court may pay the necessary expenses of the commission. (b) The commissioners court may make agreements with governmental agencies or private organizations and may
appropriate funds from the general fund of the county for the purpose of: (1) erecting historical markers and monuments; I-4 TEXAS HISTORICAL COMMISSION
(2) purchasing objects and collections of objects that are historically significant to the county; (3) preparing, publishing, and disseminating, by sale or otherwise, a history of the
county; (4) hiring professional staff and consultants; (5) providing matching funds for grants; and (6) funding other programs or activities as suggested by the Texas Historical Commission
and the commissioners court. (c) The Texas Historical Commission may make grants available to the commission, subject to the budgetary authority and approval of the commissioners court,
to carry out the purposes of this chapter. Sec. 318.010. Resource Interpretation. (a) The commission shall review applications for Official Texas Historical Markers to determine the
accuracy, appropriateness, and completeness of the application. (b) The commission should establish a system for the periodic review, assessment, and maintenance of Official Texas Historical
Markers in the county. (c) The commission should work to promote historic and cultural sites in the county to develop and sustain heritage tourism. (d) The commission may: (1) operate
and manage any museum owned or leased by the county; (2) acquire artifacts and other museum collections in the name of the museum or the commission; and (3) supervise any employees hired
by the commissioners court to operate the museum. (e) In operating museums, the commission shall adhere to professional standards in the care, collection, management, and interpretation
of artifacts. Sec. 318.0101. Planning. The commission should work in partnership with other preservation entities in the county to prepare a plan for the preservation of the county’s
historic and cultural resources. The commission should use the Texas Historical Commission’s statewide preservation plan for guidance. Sec. 318.0102. Leadership and Training. (a) The
Texas Historical Commission shall make orientation materials and training available to all county historical commissions. (b) The commission should strive to be represented at informational
or educational meetings sponsored by the Texas Historical Commission at least twice each year. (c) The commission, with assistance from the Texas Historical Commission, shall carry out
board and volunteer training. I-5 TEXAS HISTORICAL COMMISSION
Sec. 318.012. Historic Site Tax Exemption. (a) The commissioners court may establish a program under which the commission: (1) receives and reviews applications that are filed with the
county and that request a property tax exemption under Section 11.24, Tax Code; and (2) recommends to the commissioners court whether to grant the exemption and, if the grant of the
exemption is recommended, how much of the property’s assessed value should be exempt from taxation. (b) The commission may examine the property that is granted the exemption on recommendation
of the commission and recommend to the commissioners court whether the exemption should be withdrawn because of changed circumstances involving the property. (c) A person is entitled
to appear before the commissioners court and state any objections to a recommendation made by the commission under this section regarding property owned by the person. (d) The commissioners
court may require a person whose property is granted the exemption to notify the commission of any plans the person may have to modernize the property or change it in any other manner.
Sec. 318.013. Contracts for Lease or Management of Landmarks. (a) The commissioners court may, on recommendation of the commission or other interested persons, contract with a private
person for the lease or management of any county-owned real estate or structure that is designated by the Texas Historical Commission as a Recorded Texas Historic Landmark considered
worthy of preservation because of its history, culture, or architecture. (b) The contract must be drawn in consultation with the commission and must specify the duties of the contracting
party, including duties as to: (1) maintenance and repairs; (2) providing public access; (3) restricting inappropriate commercial uses; and (4) promoting preservation of the historic,
cultural, or architectural aspects of the landmark. (c) The contract may be handled in the same manner as a contract for professional services rendered to a county, such as a contract
for architectural or engineering services, if the contract is with a nonprofit organization chartered in this state. (d) The contract may be for a period of years as determined by the
commissioners court. I-6 TEXAS HISTORICAL COMMISSION
Subchapter B. Support of Private Organizations Sec. 318.021. Appropriations to Historical Foundations: Counties with Population of 191,500 To 600,000 The commissioners court of a county
with a population of 191,500 to 600,000 may appropriate money from the general fund of the county to a historical foundation or organization in the county for the purpose of purchasing,
constructing, restoring, preserving, maintaining, or reconstructing historical landmarks, buildings, and furnishings that are of historical significance to the county. The foundation
or organization must be incorporated under the law of this state as a nonprofit corporation. TEXAS HISTORICAL COMMISSION STATUTE TEXAS GOVERNMENT CODE Chapter 442. Texas Historical Commission
Sec. 442.001. Definitions In this chapter: (1) “Historic courthouse” means a county courthouse that is at least 50 years old. (2) “Historic courthouse project” means a project to preserve
or restore a historic courthouse. (3) “Historic structure” means a structure that: (A) is included on the National Register of Historic Places; (B) is designated as a Recorded Texas
Historic Landmark; (C) is designated as a State Archeological Landmark; (D) is determined by the Texas Historical Commission to qualify as eligible property under criteria for inclusion
on the National Register of Historic Places or for designation as a Recorded Texas Historic Landmark or as a State Archeological Landmark; (E) is certified by the Texas Historical Commission
to other state agencies as worthy of preservation; or (F) is designated by an ordinance of a municipality with a population of more than 1.5 million as historic. I-7 TEXAS HISTORICAL
COMMISSION
Sec. 442.002. Commission; Members; Sunset Act (a) The Texas Historical Commission is an agency of the state. (b) The commission is composed of 18 members appointed by the governor with
the advice and consent of the senate. One member must be a professional archeologist, one must be a professional historian, and one must be a licensed architect who has expertise in
historic preservation and architectural history. Fifteen members must be representatives of the general public. A person is not eligible for appointment as a public member of the commission
if the person or the person’s spouse: (1) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the commission
or receiving funds other than grant funds from the commission; or (2) uses or receives a substantial amount of tangible goods, services, or funds from the commission, other than compensation
or reimbursement authorized by law for commission membership, attendance, or expenses. ((c) Members serve for staggered six-year terms, with the terms of one-third of the members expiring
February 1 of each odd-numbered year. (d) Any vacancy occurring on the commission shall be filled for the unexpired term. (e) A member of the commission must be a citizen of this state
who has demonstrated an interest in the preservation of the state’s historical or archeological heritage. In making appointments to the commission, the governor shall: (1) seek to have
each geographical section of the state represented as nearly as possible; and (2) appoint at least two members from counties with a population of less than 50,000. (f) A person may not
serve as a member of the commission or act as the general counsel to the commission if the person is required to register as a lobbyist under Chapter 305 because of the person’s activities
for compensation on behalf of a profession related to the operation of the commission. (g) The commission shall hold at least one regular meeting in each calendar quarter of each each
year. The commission may hold other meetings at times and places scheduled by it in formal session or called by the chairman of the commission. (h) The governor shall designate a member
of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor. At its first meeting in each odd-numbered year, the commission
shall select from its membership an assistant presiding officer and a secretary. (i) A member of the commission serves without pay but shall be reimbursed for actual expenses incurred
in attending a meeting of the commission. (j) The commission is subject to the open meetings law, Chapter 551, and the administrative procedure law, Chapter 2001. The commission shall
develop and implement policies that pro-I-8 TEXAS HISTORICAL COMMISSION
vide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission. (k) The Texas Historical Commission
is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2007. (l) Appointments
to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. Sec. 442.0021. Commission Members: Training (a)
Before a member of the commission may assume the member’s duties and before the member may be confirmed by the senate, the member must complete at least one course of the training program
established under this section. (b) A training program established under this section shall provide information to the member regarding: (1) the enabling legislation that created the
commission; (2) the programs operated by the commission; (3) the role and functions of the the commission; (4) the rules of the commission with an emphasis on the rules that relate to
disciplinary and investigatory authority; (5) the current budget for the commission; (6) the results of the most recent formal audit of the commission; (7) the requirements of the: (A)
open meetings law, Chapter 551; (B) open records law, Chapter 552; and (C) administrative procedure law, Chapter 2001; (8) the requirements of the conflict of interest laws and other
laws relating to public officials; and (9) any applicable ethics policies adopted by the commission or the Texas Ethics Commission. Sec. 442.0022. Commission Members: Conflict of Interest
(a) An officer, employee, or paid consultant of a Texas trade association in the field of archeology or historic preservation may not be a member of the commission or employee of the
commission who is exempt from the state’s position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group
17, of the position classification salary schedule. (b) A person who is the spouse of an officer, manager, or paid consultant of a Texas trade association in the field of archeology
or historic preservation may not be a member of the I-9 TEXAS HISTORICAL COMMISSION
commission and may not be an employee of the commission who is exempt from the state’s position classification plan or is compensated at or above the amount prescribed by the General
Appropriations Act for step 1, salary group 17, of the position classification salary schedule. (c) For the purposes of this section, a Texas trade association is a nonprofit, cooperative,
and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business
or professional problems and in promoting their common interest. Sec. 442.0023. Commission Members: Grounds for Removal (a) It is a ground for removal from the commission if a member:
(1) does not have at the time of appointment the qualifications required by Sections 442.002(b) and (e); (2) does not maintain during service on the commission the qualifications required
by Sections 442.002(b) and (e); (3) violates a prohibition established by Sections 442.002(f) or 442.0022; (4) cannot because of illness or disability discharge the member’s duties for
a substantial part of the term for which the member is appointed; or (5) is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend
during a calendar year unless the absence is excused by majority vote of the commission. (b) The validity of an action of the commission is not affected by the fact that it is taken
when a ground for removal of a commission member exists. (c) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the
presiding officer of the commission of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.
If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest officer of the commission, who shall notify the governor and
the attorney general that a potential ground for removal exists. Sec. 442.003. Purpose of Commission The commission shall provide leadership and coordinate services in the field of archeological
and historic preservation. Sec. 442.004. Personnel (a) The commission shall employ an executive director. (b) A person employed as executive director must: (1) be a citizen of this state;
(2) have ability in organization, administration, and coordination of organizational work; and I-10 TEXAS HISTORICAL COMMISSION
(3) have particular qualities for carrying out the purposes of the commission. (c) The executive director may employ professional and clerical personnel as considered necessary. The
number of employees, their compensation, and other expenditures shall be in accordance with appropriations to the commission by the legislature. (d) The executive director or the executive
director’s designee shall provide to members of the commission and to agency employees, as often as necessary, information regarding their qualification for office or employment under
this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees. (e) The executive director or the executive director’s
designee shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement for employees within the commission. The program shall require
intra-agency posting of all positions concurrently with any public posting. (f) The executive director director or the executive director’s designee shall develop a system of annual
performance evaluations based on documented employee performance. All merit pay for commission employees must be based on the system established under this subsection. (g) The executive
director or the executive director’s designee shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which
all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin. The policy statement must include: (1) personnel policies, including
policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel, that are in compliance with the requirements of Chapter 21, Labor Code; (2)
a comprehensive analysis of the commission workforce that meets federal and state guidelines; (3) procedures by which a determination can be made about the extent of underuse in the
commission workforce of all persons for whom federal or state guidelines encourage a more equitable balance; and (4) reasonable methods to appropriately address those areas of underuse.
(h) A policy statement prepared under Subsection (g) must cover an annual period, be updated annually, be reviewed by the Commission on Human Rights for compliance with Subsection (g),
and be filed with the governor’s office. (i) The governor’s office shall deliver a biennial report to the legislature based on the information received under Subsection (h). The report
may be made separately or as a part of other biennial reports made to the legislature. (j) Before the expiration of 30 days after April 1 and November 1 of each year the commission shall
submit a progress report to the governor. The report must include a statement of the steps that the commission has taken during the previous six months to comply with the requirement
of Subsection (g). (k) The governor shall designate the executive director as the state historic preservation offi-I-11 TEXAS HISTORICAL COMMISSION
cer, and the executive director shall act in that capacity for the conduct of relations with the representatives of the federal government and the respective states concerning matters
of historic preservation. (l) The commission shall develop and implement policies that clearly separate the policymaking responsibilities of the commission and the management responsibilities
of the executive director and the staff of the commission. Sec. 442.005. General Powers and Duties of Commission (a) The commission shall furnish leadership, coordination, and services
to county historical commissions, historical societies, and the organizations, agencies, institutions, museums, and individuals of this state interested in the preservation of archeological
or historical heritage and shall act as a clearinghouse and information center for that work in this state. (b) The commission is responsible for the administration of the Antiquities
Code of Texas, Chapter 191, Natural Resources Code, and shall strive to establish effective working relationships among individuals primarily interested in history, architecture, and
archeology. (c) The commission shall furnish professional consultant services to museums and to agencies, individuals, and organizations interested in the preservation and restoration
of archeological or historic structures, sites, or landmarks. (d) The commission shall compile and furnish to the State Purchasing and General Services Commission a list of the names
and addresses of individuals and organizations that are interested in the preservation of historic structures. The list shall be updated at least once each year. (e) The commission shall
administer the federal National Historic Preservation Act of 1966 and may prepare, maintain, and keep up to date a statewide comprehensive historic preservation plan. (f) The commission
by rule may establish a reasonable fee to recover its costs arising from review of a rehabilitation project on an income-producing property included in the National Register of Historic
Places. Any fee established is payable by the applicant for the rehabilitation project. (g) The commission may apply to any appropriate agency or officer of the United States for participation
in any federal program pertaining to historic preservation. (h) The commission may certify to another state agency the worthiness of preservation of any historic district, site, structure,
or object significant in Texas or American history, architecture, archeology, or culture. (i) The commission may provide matching grants to assist the preservation of a historic structure
significant in Texas or American history, architecture, archeology, or culture. (j) The commission shall use its facilities and leadership to stimulate the development and protection
of archeological or historical resources in every locality of this state, emphasizing responsibility and privilege of local effort except in a case in which the project or problem clearly
demands a broader approach. I-12 TEXAS HISTORICAL COMMISSION
(k) The commission may provide matching grants to preserve collections of small history museums in this state if the collections are significant in Texas or American history, architecture,
archeology, or culture. (l) The commission may conduct educational programs, seminars, and workshops throughout this state covering any phase of historic preservation. (m) The commission
shall continue cooperative studies and surveys of the various aspects of historical heritage. (n) Not later than December 1 before each regular session of the legislature, the commission
shall make a report of its activities to the governor and to the legislature. (o) The commission may enter into contracts with other state agencies or institutions and with qualified
private institutions to carry out the purposes of this chapter. (p) The commission may accept a gift, grant, devise, or bequest of money, securities, services, or property to carry out
any purpose of this chapter, including funds raised or services provided by a volunteer or volunteer group to promote the work of the commission. The commission may participate in the
establishment and operation of an affiliated nonprofit organization whose purpose is to raise funds for or provide services or other benefits to the commission. (q) The commission may
adopt rules as it considers proper for the effective administration of this chapter. (r) The commission may establish advisory committees to advise the commission on archeological and
historical matters, including an advisory committee to consider matters relating to Chapter 191, Natural Resources Code. (s) The commission may promote the appreciation of historic sites,
structures, or objects in the state through a program designed to develop tourism in the state. (t) The commission shall promote heritage tourism by assisting persons, including local
governments, organizations, and individuals, in the preservation, enhancement, and promotion of heritage and cultural attractions in this state. The program must include efforts to:
(1) raise the standards of heritage and cultural attractions around this state; (2) foster heritage preservation and education; (3) encourage regional cooperation and promotion of heritage
and cultural attractions; and (4) foster effective local tourism leadership and organizational skills. (u) The commission may: (1) maintain the historic character of the sites and structures
entrusted to its care; (2) use its resources to develop the historic sites through promotional and educational activities, including the purchase of items for resale or donation and
the purchase of plants and landscaping services; and (3) accept advertisements in selected agency publications, including print and elec-I-13 TEXAS HISTORICAL COMMISSION
tronic publications, at a rate that offsets development and production costs. (v) The commission may accept a gift of real property, whether of historical value or not. When the gift
is received, the commission may: (1) arrange for the preservation, maintenance, and public exhibition of the property; or (2) at the commission’s discretion, sell the property at fair
market value and use the proceeds to carry out any purpose of this chapter.
Sec. 442.006. State Historical Marker Program (a) The commission shall give direction and coordination to the state historical marker program. (b) The commission shall install markers
recognizing districts, sites, individuals, events, structures, and objects significant in Texas or American history, architecture, archeology, or culture and shall keep a register of
those markers. (c) To assure a degree of uniformity and quality of historical markers, monuments, and medallions in this state, the commission shall review and approve or reject the
final form or dimensions of or or text or illustrations on any marker, monument, or medallion before its fabrication by the state or by a county, county historical commission, incorporated
city, individual, or organization in this state. The commission shall designate an approved marker as an Official Texas Historical Marker. (d) The commission shall designate any structure
receiving the Official Texas Historical Building Medallion as a Recorded Texas Historic Landmark that is considered worthy of preservation because of its history, culture, or architecture.
(e) The commission by rule may establish a reasonable fee to recover its costs arising from review of a proposal for a historical marker, monument, or medallion. Any fee established
is payable by the applicant for the marker, monument, or medallion. (f) A person may not damage the historical or architectural integrity of a structure the commission has designated
as a Recorded Texas Historic Landmark without notifying the commission at least 60 days before the date on which the action causing the damage is to begin. After receiving the notice,
the commission may waive the waiting period or, if the commission determines that a longer period will enhance the chance for preservation, it may require an additional waiting period
of not longer than 30 days. On the expiration of the time limits imposed by this section, the person may proceed, but must proceed not later than the 180th day after the date on which
notice was given or the notice is considered to have expired. (g) This chapter does not authorize the commission to review or determine the placement or location of an object in or on
a Recorded Texas Historic Landmark if the placement or location does not result in substantial structural change or damage to the landmark. Sec. 442.0065. Guide to Historical Markers
(a) In this section, “department” means the Texas Department of Transportation. (b) The department, in consultation with the commission, shall publish a guide to historical markers along
roadways in this state that includes: I-I-14 TEXAS HISTORICAL COMMISSION
(1) a listing of the historical markers along roadways with identifying numbers assigned to each marker by the department; and (2) a summary of the information on each marker. (c) For
each historical marker, the department shall erect and maintain, if practicable, signs informing users of the roadway of the marker and indicating the identifying number of the marker.
The department shall erect a sign under this subsection approximately one mile preceding the historical marker if that placement is practicable. (d) The department shall use information
from the commission’s Texas historical roadside marker restoration program and the state historical marker program under Section 442.006 in creating the guide to historical markers under
Subsection (b). (e) The department shall make available to the public the guide published under Subsection (b) at a reasonable price determined by the department. Revenue from sales
of the guide shall be deposited to the credit of the state highway fund and is exempt from the application of Section 403.095. (f) The department shall work with the commission to ensure
that there is no duplication between publications currently available through the commission or other sources. Sec. 442.007. State Archeological Program (a) The commission, through the
state archeologist, shall direct the state archeological program. (b) The program must include: (1) a continuing inventory of nonrenewable archeological resources; (2) evaluation of
known sites through testing and excavation; (3) maintenance of extensive field and laboratory data, including data on collections of antiquities; (4) consultation with state agencies
and organizations and local groups concerning archeological and historical problems; and (5) publication of the results of the program through various sources, including a regular series
of reports. (c) The commission may enter into contracts or cooperative agreements with the federal government, other state agencies, state or private museums or educational institutions,
or qualified individuals for prehistoric or historic archeological investigations, surveys, excavations, or restorations in this state. (d) The state archeologist has general jurisdiction
and supervision over archeological work, reports, surveys, excavations, and archeological programs of the commission and of cooperating state agencies. (e) The duties of the state archeologist
include: (1) maintaining an inventory of significant historic or prehistoric sites of archeological or historic interest; I-15 TEXAS HISTORICAL COMMISSION
(2) providing public information and education in the fields of archeology and history; (3) conducting surveys and excavations with respect to significant archeological or historic sites
in this state; (4) preparing reports and publications concerning the work of the office of the state archeologist; (5) doing cooperative and contract work in prehistoric and historic
archeology with other state agencies, the federal government, state or private institutions, or individuals; (6) maintaining and determining the repository of catalogued collections
of artifacts and other materials of archeological or historic interest; and (7) preserving the archeological and historical heritage of this state. (e) The state archeologist shall withhold
from disclosure to the public information relating to the location or character of archeological or historic resources if the state archeologist determines that the disclosure of the
information may create a substantial risk of harm, theft, or destruction to the resources or to the area or place where the resources are located. Sec. 442.0071. Preservation and Maintenance
of Governor’s Mansion (a) Except as otherwise specifically provided by this section, the commission is solely responsible for the preservation and maintenance of the Governor’s Mansion
and the protection of the historical and architectural integrity of the mansion’s exterior, interior, contents, and grounds. Except as provided by Subsection (d), a substantial addition,
deletion, or other alteration may not be made to the mansion or its contents or grounds without the prior approval of the commission. (b) The commission shall: (1) develop and maintain
an inventory of the contents of the Governor’s Mansion that includes all furnishings, fixtures, works of art, and decorative objects and states the owner of each of those items; (2)
develop a plan for the acquisition, by purchase, donation, or loan, of furnishings, fixtures, works of art, and decorative objects for the mansion, especially early 19thcentury American,
museum-quality items and items having historical significance to the Governor’s Mansion; (3) develop a plan for the disposition of furnishings, fixtures, works of art, and decorative
objects that the commission determines are not needed or inappropriate; and (4) recommend and arrange for the conservation or restoration of furnishings, fixtures, works of art, and
decorative objects in the mansion that are owned by the state. (c) The commission may accept gifts, grants, or other donations on behalf of the Governor’s Mansion. The commission shall
contract with a nonprofit organization formed to assist in the preservation and maintenance of the Governor’s Mansion to develop and implement a plan for the solicitation and acceptance
of gifts, grants, devises, and bequests of money, other property, and services to be used in the acquisition of furnishings, fixtures, works of art, and deco-I-16 TEXAS HISTORICAL COMMISSION
rative objects for the Governor’s Mansion or for necessary conservation or restoration services. The commission also may contract with a nonprofit organization described by this subsection
for the performance of any duty provided by Subsection (b). A contract under this subsection may not exceed a term of two years and must expire on December 31 of an oddnumbered year.
(d) The commission shall solicit the advice and approval of the governor and the governor’s spouse concerning activities of the commission under this section and the advice of the governor
and the governor’s spouse concerning the provisions of any contract executed under Subsection (c). Except for a change in or to the Pease bedroom, the Sam Houston bedroom, the hallway,
or the stairwell, a nonstructural decorative change in or to the private living and guest quarters of the governor and the governor’s family on the second floor of the Governor’s Mansion
does not require the prior approval of the commission. (e) The State Purchasing and General Services Commission and the office of the governor may exercise the powers and shall perform
the duties relating to the Governor’s Mansion that are provided by applicable law, subject to the requirements of this section. Sec. 442.0072. Preservation and Maintenance of Gethsemane
Church and Carrington-Covert House (a) In this section: (1) The Gethsemane Church includes the adjoining grounds of the church. (2) The Carrington-Covert House includes the adjoining
grounds of the house. (b) The State of Texas owns the Gethsemane Church and the Carrington-Covert House. (c) The church and the house are located at Congress Avenue and 16th Street on
Lots 5, 6, 7, and 8, Outlot 46, Division “E” of the original City of Austin, Travis County, Texas. (d) The commission shall preserve, maintain in a state of suitable repair, and develop
the church and the house, in the manner determined by the commission, for the beautification and cultural enhancement of the properties as a significant Texas historical site and in
a manner consistent with development of the Capitol Complex. (e) The commission shall spend the money the legislature appropriates for purposes of this section to accomplish those purposes.
(f) The commission may: (1) accept gifts and donations for the church and the house; and (2) use the gifts and donations in accordance with the donor’s conditions and instructions that
are consistent with this section. Sec. 442.008. County Courthouses (a) A county may not demolish, sell, lease, or damage the historical or architectural integrity of any building that
serves or has served as a county courthouse without notifying the commission of the intended action at least six months before the date on which it acts. I-17 TEXAS HISTORICAL COMMISSION
(b) If the commission determines that a courthouse has historical significance worthy of preservation, the commission shall notify the commissioners court of the county of that fact
not later than the 30th day after the date on which the commission received notice from the county. A county may not demolish, sell, lease, or damage the historical or architectural
integrity of a courthouse before the 180th day after the date on which it received notice from the commission. The commission shall cooperate with any interested person during the 180–day
period to preserve the historical integrity of the courthouse. (c) A county may carry out ordinary maintenance of and repairs to a courthouse without notifying the commission. Sec. 442.0081.
Historic Courthouse Preservation Program; Grants and Loans (a) The commission shall administer a historic courthouse preservation program. (b) A county that owns a historic courthouse
may apply to the commission for a grant or loan for a historic courthouse project. The application must: (1) state the location of the courthouse; (2) state whether the courthouse is
or is likely to become a historic structure; (3) state the amount of money or in-kind contributions that the county promises to contribute to the project; (4) state whether the courthouse
is currently functioning as a courthouse; (5) include any plans, including a master preservation plan, that the county may have for the project; and (6) include any other information
that the commission by rule may require. (c) The commission may grant or loan money to a county that owns a historic courthouse, for the purpose of preserving or restoring the courthouse,
if the county’s application meets the standards of the historic courthouse preservation program. In considering whether to grant an application, the commission shall consider the preferences
and factors listed in this section as well as any other factors that it may provide by rule. (d) In considering whether to grant an application, the commission shall give preference
to: to: (1) a proposed project to preserve or restore a courthouse: (A) that is or is likely to become a historic structure; and (B) that: (i) is still functioning as a courthouse; (ii)
was built before 1875; or (iii) is subject to a conservation easement held by the commission; and (2) a county that will provide or has provided at least 15 percent of the project’s
costs, including: (A) in-kind contributions; and I-18 TEXAS HISTORICAL COMMISSION
(B) previous expenditures for master planning and renovations on the courthouse that are the subject of the application. (e) In considering whether to grant an application, the commission
shall also consider the following factors: (1) the amount of money available for a grant or loan and the percentage of the costs that the county will contribute; (2) whether the county
will contribute any in-kind contribution such as labor or materials; (3) the cost to preserve or restore the courthouse; (4) the architectural style of the courthouse; (5) the historic
significance of the courthouse; (6) the county’s master preservation plan; and (7) any other factors that the commission by rule may provide. (f) The commission shall adopt rules regarding
the way in which it will consider the following factors in analyzing a county’s contribution to project costs under Subsection (d)(2): (1) the period during which past expenditures can
be considered; (2) the amount of past expenditures that can be considered; and (3) the amount and type of in-kind contributions that can be considered. (g) The commission shall appoint
a Texas Courthouse Preservation Program Advisory Committee. The committee shall assist the commission on matters relating to the historic courthouse preservation program. The commission
may reimburse a committee member’s travel expenses and provide a per diem for other expenses from funds appropriated to the commission, but not from funds in the historic courthouse
preservation fund account created by this chapter. Chapter 2110 applies to the committee, but the committee must include: (1) members from the different geographical areas of the state;
(2) an equal number of members from counties with a population of: (A) 24,999 or less; (B) 25,000 to 75,000; and (C) 75,001 or more; and (3) at least the following members: (A) one or
more elected county officials; (B) one or more members of historical organizations or persons with knowledge of and experience in preservation who are not elected county officials; and
(C) one or more members of the general public who do not meet the requirements of Paragraph (A) or (B). I-19 TEXAS HISTORICAL COMMISSION
(h) The commission shall adopt rules necessary to implement the historic courthouse preservation program. Sec. 442.0082. Historic Courthouse Project; Requirements (a) Before incurring
any expenses payable from funds received from the commission under the historic courthouse preservation program, a county must have a master preservation plan for its historic courthouse
project. The commission by rule shall prescribe the minimum standards for a master preservation plan. (b) A county that receives money under the historic courthouse preservation program
must use recognized preservation standards for work on a historic courthouse project. The commission by rule shall establish standards regarding the quality of the work performed on
a historic courthouse project. (c) A county that receives money under the historic courthouse preservation program for a historic courthouse project may use the money only for eligible
preservation and restoration expenses that the commission by rule shall prescribe. Eligible expenses may include costs for: (1) structural, mechanical, electrical, and plumbing systems
and weather protection and emergency public safety issues not covered by insurance; (2) code and environmental compliance, including complying with the federal Americans with Disabilities
Act of 1990 and its subsequent amendments, Article 9102, Revised Statutes, and other state laws relating to accessibility standards, hazardous materials mitigation rules, and other similar
concerns; (3) replication of a missing architectural feature; (4) removal of an inappropriate addition or modification; and (5) restoration of a courtroom or other significant public
space in a functional and historically appropriate manner. (d) A county’s expenditure of money received under this chapter for a historic courthouse project is subject to audit by the
state auditor in accordance with Chapter 321. (e) The commission by rule shall provide for oversight procedures on a project. These rules shall provide for reasonable inspections by
the commission as well as periodic reports by a county on a project’s progress. Sec. 442.0083. Funding for Historic Courthouse Preservation Program; Historic Courthouse Preservation
Fund Account (a) The historic courthouse preservation fund account is a separate account in the general revenue fund. The account consists of transfers made to the account, payments
on loans made under the historic courthouse preservation program, grants and donations made for the purposes of the historic courthouse preservation program, and income earned on investments
of money in the account. Appropriations to the commission for the historic courthouse preservation program shall be deposited to the credit of the account. Notwithstanding Section I-20
TEXAS HISTORICAL COMMISSION
404.071, income earned on money in the account shall be deposited to the credit of the account. (b) Except as otherwise provided by Subsection (c), the commission may use money in the
historic courthouse preservation fund account to provide a grant or loan to a county that owns a historic courthouse for a historic courthouse project. The grant or loan may be in the
amount and according to the terms that the commission by rule shall determine. (c) The commission may use money in the historic courthouse preservation fund account to provide a loan
under the historic courthouse preservation program only to the extent that the legislature provides in the General Appropriations Act that money appropriated to the commission for the
program may be used to make loans. (d) As a condition for providing the money under this section, the commission may require creation of a conservation easement in the property, as provided
by Chapter 183, Natural Resources Code, in favor of the state and may require creation of other appropriate covenants in favor of the state. The commission may take any necessary action
to enforce repayment of a loan or any other agreements made under this section and Sections 442.0081 and 442.0082. (e) A grant for a historic courthouse project may not exceed the greater
of $4 million or two percent of the amount appropriated for implementing the historic courthouse preservation program during the state fiscal biennium. (f) Biennial appropriations to
the commission for administering the historic courthouse preservation program during a state fiscal biennium, including providing oversight for historic courthouse projects, may not
exceed one percent of the amount appropriated for implementing the historic courthouse preservation program during the state fiscal biennium. (g) The commission by rule may set a limit
on the loan amount for a historic courthouse project. This amount may be expressed as a dollar amount or as a percentage of the total amount appropriated for implementing the historic
courthouse preservation program during the state fiscal biennium. (h) The commission may accept a gift, grant, or other donation for the historic courthouse preservation program or a
specific historic courthouse project. Sec. 442.0085. State Register of Historic Places (a) The commission shall develop and maintain a state register of historic places using existing
statutory classifications of those places, including Recorded Texas Historic Landmarks, National Register listings, subject markers, and state archeological landmarks. (b) The commission
shall adopt rules to implement this section. Sec. 442.0086. Military Sites Program (a) The commission shall identify sites in and outside this state that are historically significant
to this state because of: (1) military action or service at the sites; or I-21 TEXAS HISTORICAL COMMISSION
(2) other significant events of a military nature at the sites that shaped the history of this state. (b) In carrying out its duties under Subsection (a), the commission shall assist
other governmental entities, including other states, institutions, organizations, and other entities in identifying military sites outside this state where Texans served with distinction.
(c) The commission may designate or encourage the designation of sites identified under Subsections (a) and (b) through existing history programs, including: (1) local community landmark
programs; (2) the state historical marker program under Section 442.006; (3) the National Register of Historic Places; (4) the National Historic Landmarks program; (5) the World Heritage
List; and (6) other appropriate programs. (d) The commission may provide information regarding the significance of the sites designated under this section using: (1) historical markers
and monuments; (2) publications and films; and (3) other appropriate media. (e) The commission may seek assistance from other state and local governmental entities in carrying out the
commission’s duties under this section. (f) The commission may seek and accept gifts, grants, and donations from public or private sources, including seeking available federal funds,
to accomplish the purposes of this section. Sec. 442.0087. Fort Bliss Museum and Study Center (a) The commission may assist Fort Bliss Military Reservation in El Paso in the establishment
and operation at Fort Bliss of a museum and study center devoted to the history of the United States air defense system. (b) To accomplish the purposes of this section, the commission
may: (1) seek and accept gifts, grants, and donations of funds or property from public and private sources, including seeking available federal funds; and (2) contribute funds appropriated
to the commission for the purpose. (c) The commission may provide assistance and contribute funds under this section only if the commission receives appropriate assurances that, subject
to the security requirements of the military reservation, the museum and study center will be open for use by the general public. Sec. 442.0087. Equitable Representation in Monuments
(a) In this section, “monument” has the meaning assigned by Section 443.015, as added by I-22 TEXAS HISTORICAL COMMISSION
Chapter 1141, Acts of the 75th Legislature, Regular Session, 1997. (b) To ensure that the diverse history of Texas is accurately represented on land owned by the state other than the
Capitol Complex, the Texas Historical Commission shall: (1) collect information relating to each monument on land owned by the state other than the Capitol Complex; and (2) in cooperation
with the chair of the history department at Prairie View A&M University, at The University of Texas at Austin, or at any other land grant university in the state, as determined by the
commission, ensure the: (A) historical accuracy of the monuments; and (B) equitable representation of all Texans, including African slaves, African Americans, Hispanic Americans, Native
Americans, women in Texas history, and Texans exemplifying military service and rural heritage in monuments on land owned by the state other than the Capitol Complex. (c) The commission
shall make the information collected under this section available to the public. Sec. 442.009. Consumer Information and Complaints (a) The commission shall prepare information of public
interest describing the functions of the commission and the procedures by which complaints are filed with and resolved by the commission. The commission shall make the information available
to the public and appropriate state agencies. (b) The commission by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address,
and telephone number of the commission for the purpose of directing complaints to the commission. (c) The commission shall keep information about each complaint filed with the commission.
The information shall include: (1) the date the complaint is received; (2) the name of the complainant; (3) the subject matter of the complaint; (4) a record of all persons contacted
in relation to the complaint; (5) a summary of the results of the review or investigation of the complaint; and (6) for complaints for which the agency took no action, an explanation
of the the reason the complaint was closed without action. (d) The commission shall keep a file about each written complaint filed with the commission that the agency has authority to
resolve. The commission shall provide to the person filing the complaint and the persons or entities complained about the commission’s policies and procedures pertaining to complaint
investigation and resolution. The commission, at least quarterly and until final disposition of the complaint, shall notify the person filing the complaint and the I-23 TEXAS HISTORICAL
COMMISSION
persons or entities complained about of the status of the complaint unless the notice would jeopardize an undercover investigation. Sec. 442.0095. Program and Facility Accessibility
The commission shall comply with federal and state laws related to program and facility accessibility. The executive director shall also prepare and maintain a written plan that describes
how a person who does not speak English can be provided reasonable access to the commission’s programs and services. Sec. 442.010. Audits; Annual Report (a) The financial transactions
of the commission are subject to audit by the state auditor in accordance with Chapter 321. (b) The commission shall prepare annually a complete and detailed written report accounting
for all funds received and disbursed by the commission during the preceding fiscal year. The annual report must meet the reporting requirements applicable to financial reporting provided
in the General Appropriations Act. Sec. 442.011. Penalty A person who violates this chapter is subject to a civil penalty of not less than $50 nor more than $1,000 for each day of violation.
Sec. 442.012. Lawsuits (a) The attorney general or any resident of this state may file suit in district court to restrain and enjoin a violation or threatened violation of this chapter,
to recover on behalf of the state a civil penalty provided by this chapter, or for both injunctive relief and a civil penalty. (b) Venue of the suit filed is in Travis County or the
county in which the activity sought to be restrained or penalized is alleged to have occurred, be occurring, or be about to occur. (c) In issuing a final order in the action, the court
may award costs of litigation, including reasonable attorney’s and expert witness’s fees. Sec. 442.013. No Effect on Other Organizations and Activities It is not the purpose of this
chapter to duplicate or replace existing historical heritage organizations and activities, but to give leadership, coordination, and service as needed and desired. Sec. 442.014. Main
Street Program (a) The commission shall administer a main street program to assist municipalities with the development, restoration, and preservation of their central business districts.
(b) Each year the commission shall designate certain municipalities to participate in the program as official main street cities. (c) The commission by rule shall prescribe qualification
standards for participation in the program as a main
street city or as an urban main street city. Any municipality not designated I-24 TEXAS HISTORICAL COMMISSION
under Subsection (b) may apply with the commission to participate in the program under this subsection. (d) The commission by rule shall prescribe a fee schedule for participation in
the program under Subsection (c). The commission shall collect fees from the participating municipalities to recover the costs of participation in the program. Sec. 442.0145. Texas Historical
Artifacts Program; Fund (a) The commission shall administer a program to assist municipalities, counties, museums, and county historical commissions with: (1) the development or improvement
of museum facilities used to display historical artifacts discovered in Texas that are significant in Texas or American history; and (2) the acquisition of historical artifacts discovered
in Texas that are significant in Texas or American history. (b) The Texas Historical Artifacts Program fund is created as a separate account in the general revenue fund. The fund is
composed of money appropriated to the fund, money deposited to the fund under Subsection (c), and interest received from investments of money in the fund that the comptroller shall allocate
to the fund. Sections 403.095 and 404.071 do not apply to the fund or to interest received from investments of money in the fund. Money in the fund may be spent only as provided by the
commission under this section. (c) The commission may accept, for deposit in the Texas Historical Artifacts Program fund, grants or other donations from any source. (d) The commission
shall establish rules governing the use, administration, and distribution of the Texas Historical Artifacts Program fund. The rules must ensure that money in the fund is used only for
the purposes prescribed by Subsection (a), including paying the expenses of administering the program. Sec. 442.015. Texas Preservation Trust Fund Account (a) Notwithstanding Sections
403.094 and 403.095, the Texas preservation trust fund account is a separate account in the general revenue fund. The account consists of transfers made to the account, loan repayments,
grants and donations made for the purposes of this program, proceeds of sales, income earned on money in the account, and any other money received under this section. Money in the account
may be used only for the purposes of this section and may not be used to pay operating expenses of the commission. Money allocated to the commission’s historic preservation grant program
shall be deposited to the credit of the account. Income earned on money in the account shall be deposited to the credit of the account. (b) The commission may use money in the Texas
preservation trust fund account to provide financial assistance to public or private entities for the acquisition, survey, restoration, or preservation, or for planning and educational
activities leading to the preservation, of historic property in the state that is listed in the National Register of Historic Places or designated as a State Archeological Landmark or
Recorded Texas Historic Landmark or that the commission I-25 TEXAS HISTORICAL COMMISSION
determines is eligible for such a listing or designation. The financial assistance may be in the amount and form and according to the terms that the commission by rule determines. The
commission shall give priority to property the commission determines to be endangered by demolition, neglect, underuse, looting, vandalism, or other threat to the property. Money deposited
to the credit of the account specifically for any eligible projects may be used only for the type of projects specified. If such a specification is not made, the money shall be unencumbered
and accrue to the benefit of the Texas preservation trust fund account. (c) As a condition of providing financial assistance under this section, the commission shall require the creation
of a preservation easement in the property, as provided by Chapter 183, Natural Resources Code, in favor of the state, the designation of the property as a State Archeological Landmark,
as provided by Chapter 191, Natural Resources Code, or the creation of other appropriate covenants in favor of the state. The commission may take any necessary action to enforce repayment
of a loan made under this section. (d) The commission, after considering the recommendations of the governor, lieutenant governor, and speaker of the house of representatives, shall
appoint an advisory board composed of: (1) one representative of a bank or savings and loan association; (2) one attorney with a recognized background in historic preservation; (3) two
architects with substantial experience in historic preservation; (4) two archeologists with substantial experience in Texas archeology; (5) one real estate professional with experience
in historic preservation; (6) two persons with demonstrated commitment to historic preservation; and (7) two directors of a nonprofit historic preservation organizations. (e) Members
of the advisory board serve two-year terms expiring February 1 of each oddnumbered year. A member of the advisory board is not entitled to compensation for the member’s service on the
advisory board but is entitled to reimbursement for reasonable expenses incurred in attending advisory board meetings, subject to any limit provided by the General Appropriations Act.
(f) The advisory board shall recommend to the commission rules for administering this section. (g) The commission may accept grants or other donations of money or other property and
services from any source. Money received under this subsection shall be deposited to the credit of the Texas preservation trust fund account. Sec. 442.0155. Funds Subject to State Funds
Reform Act All money paid to the commission under this chapter is subject to Subchapter F, Chapter 404. Sec. 442.016. Liability for Adversely Affecting Historic Structure or Property
(a) In this section, “historic structure or property” means a historic structure or a structure or property that is designated as historic by a political subdivision of the state, the
state, or the federal government. I-26 TEXAS HISTORICAL COMMISSION
(b) A person is liable to the commission for damages if the person: (1) demolishes, causes to be demolished, or otherwise adversely affects the structural, physical, or visual integrity
of a historic structure or property that is not located in a municipality that has a demolition permit and a building permit procedure; and (2) does not obtain written permission from
the commission before beginning to demolish, cause the demolition of, or otherwise adversely affect the structural, physical, or visual integrity of the structure or property. (c) If
the structural, physical, or visual integrity of the structure or property is adversely affected to the extent that it is not feasible to restore the structural, physical, or visual
integrity substantially to its former level, the damages are equal to the cost of constructing, using as many of the original materials as possible, a new structure or property that
is a reasonable facsimile of the historic structure or property and the cost of attorney’s, architect’s, and appraiser’s fees and other costs related to the enforcement of this section.
If it is feasible to restore the structural, physical, or visual integrity of the structure or property substantially to its former level, the damages are equal to the cost of the restoration,
using as many of the original materials as possible, and the cost of attorney’s, architect’s, and appraiser’s fees and other costs related to the enforcement of this section. (d) Instead
of accepting monetary damages, the commission may permit the liable person to construct, using as many of the original materials as possible, a structure or property that is a reasonable
facsimile of the demolished historic structure or property or to restore, using as many of the original materials as possible, the historic structure or property and to pay the cost
of attorney’s, architect’s, and appraiser’s fees and other costs related to the enforcement of this section. (e) Damages recovered under this section shall be deposited in the Texas
preservation trust fund account. (f) The construction of a facsimile structure or property under Subsection (d) must be undertaken at the location designated by the commission, which
may be the same location as that of the demolished historic structure or property. (g) The commission may make contracts and adopt rules as necessary to carry out this section. (h) The
commission shall file in the real property records of the county clerk’s office in each county in which a historic structure or property that is included on the National Register of
Historic Places or that is designated as a Recorded Texas Historic Landmark is located a verified written instrument listing each structure or property located in that county by: (1)
the street address, if available in the commission files; (2) the legal description of the real property on which the structure or property is located; and (3) the name of the owner
of the real property, if available in the commission files. (i) Subsections (a) through (g) of this section apply only to a historic structure or property on or after the date the instrument
has been filed under Subsection (h) and indexed. I-27 TEXAS HISTORICAL COMMISSION
Sec. 442.017. Identification and Preservation of Abandoned Cemeteries (a) The commission should establish a program to identify and preserve abandoned cemeteries across the state. (b)
The commission is encouraged to use volunteers to the maximum extent possible to implement the program and to model the program to the extent appropriate on the “Adopt-ABeach” program
conducted by the General Land Office. (c) The commission may accept gifts, grants, and in-kind donations from public and private entities for the implementation of the program. The legislature
may appropriate money to the commission to implement the program. (d) The commission may adopt rules reasonably necessary to implement the program. Sec. 442.018. Identification and Preservation
of Texas Underground Railroad Historical Sites (a) The commission should establish a program to identify and preserve Texas Underground Railroad Historical Sites. (b) The commission
is encouraged to use volunteers to the program to the extent appropriate on the “Adopt-A-Beach” program conducted by the General Land Office. (c) The commission may accept gifts, grants,
and in-kind donations from public and private entities for the implementation of the program. The legislature may appropriate money to the commission to implement the program. (d) The
commission may adopt rules reasonably necessary to implement the program. ANTIQUITIES CODE OF TEXAS NATURAL RESOURCES CODE Title 9. Heritage Chapter 191. Antiquities Code Subchapter
A. General Provisions Sec. 191.001. Title This chapter may be cited as the Antiquities Code of Texas. Sec. 191.002. Declaration of Public Policy It is the public policy and in the public
interest of the State of Texas to locate, protect, and preserve all sites, objects, buildings, pre-twentieth century shipwrecks, and locations of historical, archeological, educational,
or scientific interest, including but not limited to prehistoric and historical American Indian or aboriginal campsites, dwellings, and habitation sites, archeo-I-28 TEXAS HISTORICAL
HISTORICAL COMMISSION
logical sites of every character, treasure imbedded in the earth, sunken or abandoned ships and wrecks of the sea or any part of their contents, maps, records, documents, books, artifacts,
and implements of culture in any way related to the inhabitants, pre-history, history, natural history, government, or culture in, on, or under any of the land in the State of Texas,
including the tidelands, submerged land, and the bed of the sea within the jurisdiction of the State of Texas. Sec. 191.003. Definitions In this chapter: (1) “Committee” means the Texas
Historical Commission. (2) “Landmark” means a state archeological landmark. (3) “State agency” means a department, commission, board, office, or other agency that is a part of state
government and that is created by the constitution or a statute of this state. The term includes an institution of higher education as defined by Section 61.003, Texas Education Code.
(4) “Political subdivision” means a local governmental entity created and operating under the laws laws of this state, including a city, county, school district, or special district
created under Article III, Section 52(b)(1) or (2), or Article XVI, Section 59, of the Texas Constitution. Sec. 191.004. Certain Records Not Public Information (a) Information specifying
the location of any site or item declared to be a state archeological landmark under Subchapter D of this chapter is not public information. (b) Information specifying the location or
nature of an activity covered by a permit or an application for a permit under this chapter is not public information. (c) Information specifying details of a survey to locate state
archeological landmarks under this chapter is not public information. Subchapter B. Administrative Provisions Sec. 191.021. Compliance with Open Meetings Act and Administrative Procedure
and Texas Register Act (a) Repealed by Acts 1995, 74th Leg., ch. 109, § 29, eff. Aug. 30, 1995. (b) If an institution of higher education notifies the committee in a timely manner (as
established by the committee’s rules) that it protests the proposed designation of a building under its control as a landmark, the matter becomes a contested case under the provisions
of Sections 12 through 20 of the Administrative Procedure and Texas Register Act. In the conduct of proceedings under the Administrative Procedure and Texas Register Act, both the hearing
officer in his or her recommendations to the committee and the committee in its determinations of findings of fact and conclusions of law shall consider, in addition to such other objective
criteria as the committee may establish pursuant to Section 191.091 of this chapter: I-29 TEXAS HISTORICAL COMMISSION
(1) that the primary mission of institutions of higher education is the provision of educational services to the state’s citizens; (2) that the authority for expenditure of the portion
of the state’s resources allocated to institutions of higher education for construction and repair purposes is entrusted to the governing boards of institutions of higher education for
the purpose of the furtherance of the primary mission of the respective institutions of higher education; (3) whether the benefit to the state from landmark designation outweighs the
potential inflexibility of use that may be a consequence of the designation; and (4) whether the cost of remodeling and/or restoration that might be required under the permit procedures
of the committee if the building were designated as a landmark may be so substantially greater than remodeling under procedures established by law for the review of remodeling projects
for higher education buildings not so designated as to impair the proper use of funds designated by the state for educational purposes at the institution. (c) If an institution of higher
education notifies the committee in a timely manner (as established by the committee’s rules) that it protests the terms of a permit proposed to be granted to an institution of higher
education under this chapter, the matter becomes a contested case under the provisions of Sections 12 through 20 of the Administrative Procedure and the Texas Register Act. The hearing
officer in his or her recommendations to the committee and the committee in its determination of findings of fact and conclusions of law shall consider: (1) that the primary mission
of institutions of higher education is the provision of educational services to the state’s citizens; (2) that the authority for expenditure of the portion of the state’s resources allocated
to institutions of higher education for construction and repair purposes is entrusted to the governing boards of institutions of higher education for the purpose of the furtherance of
the primary mission of the respective institutions of higher education; (3) whether the legislature has provided extra funds that may be required to implement any proposed requirements;
(4) the effect of any proposed requirements on maintenance costs; (5) the effect of any proposed requirements on energy costs; and (6) the appropriateness of any proposed permit requirements
to the uses to which a public building has been or will be dedicated by the governing board of the institution of higher education. (d) Weighing the criteria set forth in Subsections
(b) and (c) of this section against the criteria it adopts pursuant to Section 191.092 of this chapter and such criteria as it may adopt with regard to permit requirements, the committee
shall designate a building under the control of an institution of higher education as a landmark or include a requirement in a permit only if the record before the committee establishes
by clear and convincing evidence that such designation or inclusion would be in the public interest. I-30 TEXAS HISTORICAL COMMISSION
Subchapter C. Powers and Duties Sec. 191.051. In General (a) The committee is the legal custodian of all items described in this chapter that have been recovered and retained by the
State of Texas. (b) The committee shall: (1) maintain an inventory of the items recovered and retained by the State of Texas, showing the description and depository of them; (2) determine
the site of and designate landmarks and remove from the designation certain sites, as provided in Subchapter D of this chapter; (3) contract or otherwise provide for discovery operations
and scientific investigations under the provisions of Section 191.053 of this code; (4) consider the requests for and issue the permits provided for in Section 191.054 of this code;
(5) prepare and make available to the general public and appropriate state agencies and political subdivisions information of consumer interest describing the functions of the committee
and the procedures by which complaints are filed with and resolved by the committee; and (6) protect and preserve the archeological and historical resources of Texas. Sec. 191.052. Rules
The committee may promulgate rules and require contract or permit conditions to reasonably effect the purposes of this chapter. Sec. 191.0525. Notice Required (a) Before breaking ground
at a project location on state or local public land, the person primarily responsible for the project or the person’s agent shall notify the committee. The committee shall promptly determine
whether: (1) a historically significant archeological site is likely to be present at the project location; (2) additional action, if any, is needed to protect the site; and (3) an archeological
survey is necessary. (b) Except as provided by Subsection (c), the committee shall make a determination not later than the 30th day after the date the committee receives notice under
Subsection (a). If the committee fails to respond in the 30-day period, the person may proceed with the project without further notice to the committee. If the committee determines that
an archeological survey is necessary at the project location, the project may not commence until the archeological survey is completed. I-31 TEXAS HISTORICAL COMMISSION
(c) The committee shall make a determination not later than the 15th day after the date the committee receives notice under Subsection (a) for project locations regarding oil, gas, or
other mineral exploration, production, processing, marketing, refining, or transportation facility or pipeline projects. If the committee fails to respond in the 15-day period, the person
may proceed with the project without further notice to the committee. If the committee determines that an archeological survey is necessary at the project location, the project may not
commence until the archeological survey is completed. (d) A project for a county, municipality, or an entity created under Section 52, Article III, or Section 59, Article XVI, Texas
Constitution, requires advance project review only if the project affects a cumulative area larger than five acres or disturbs a cumulative area of more than 5,000 cubic yards, whichever
measure is triggered first, or if the project is inside a designated historic district or recorded archeological site. (e) There exist categorical exclusions since many activities conducted
on nonfederal public land have little, if any, chance to damage archeological sites, and therefore should not require notification under this section. The following are categorical exclusions
at a minimum: (1) water injection into existing oil and gas wells; (2) upgrading of electrical transmission lines when there will be no new disturbance of the existing easement; (3)
seismic exploration activity when there is no ground penetration or disturbance; (4) building and repairing fences that do not require construction or modification of associated roads,
fire breaks, or previously disturbed ground; (5) road maintenance that does not involve widening or lengthening the road; (6) installation or replacement of meter taps; (7) controlled
burning of fields; (8) animal grazing; (9) plowing, if the techniques are similar to those used previously; (10) installation of monuments and sign posts unless within the boundaries
of designated historic districts; (11) maintenance of existing trails; (12) land sales and trades of land held by the permanent school fund and permanent university fund; (13) permanent
school fund and permanent university fund leases, easements, and permits, including mineral leases and pooling agreements, in which the lessee, grantee, or permittee is specifically
required to comply with the provisions of this chapter; (14) oil, gas, or other mineral exploration, production, processing, marketing, refining, or transportation facility or pipeline
project in an area where the project will cross state or local public roads, rivers, and streams, unless they contain a recorded archeological site or a designated state land tract in
Texas’ submerged lands; I-32 TEXAS HISTORICAL COMMISSION
(15) maintenance, operation, replacement, or minor modification of an existing oil, gas, or other mineral exploration, production, processing, marketing, refining, or transportation
facility or pipeline; and (16) any project for which a state permit application has been made prior to promulgation of rules under this section. (f) This section does not apply to any
state agency or political subdivision that has entered into a memorandum of understanding for coordination with the committee. (g) (1) If, during the course of a project or class of
projects that have complied with the notification requirements of this section, a person encounters an archeological site, the person shall abate activity on the project at the project
location and shall promptly notify the committee. Within two business days of notification under this subsection, the committee shall determine whether: (A) a historically significant
archeological site is likely to be present in the project area; (B) additional action, if any, is needed to protect the site; and (C) an archeological investigation is necessary. (2)
If the committee fails to respond within two business days, the person may proceed without further notice to the committee. (h) The notification required by this section does not apply
to a response to a fire, spill, or other emergency associated with an existing facility located on state or local public lands if the emergency requires an immediate response. (i) The
committee by rule shall establish procedures to implement this section. Sec. 191.053. Contract for Discovery and Scientific Investigation (a) The committee may contract with other state
agencies or political subdivisions and with qualified private institutions, corporations, or individuals for the discovery and scientific investigation of sunken or abandoned ships or
wrecks of the sea, or any part of the contents of them, or archeological deposits or treasure imbedded in the earth. (b) The contract shall: (1) be on a form approved by the attorney
general; (2) specify the location, nature of the activity, and the time period covered by the contract; and (3) provide for the termination of any right in the investigator or permittee
under the contract on the violation of any of the terms of the contract. (c) The executed contract shall be recorded by the person, firm, or corporation obtaining the contract in the
office of the county clerk in the county or counties in which the operations are to be conducted prior to the commencement of the operation. (d) Title to all objects recovered is retained
by the State of Texas unless and until it is released by the committee. I-33 TEXAS HISTORICAL COMMISSION
Sec. 191.054. Permit for Survey and Discovery, Excavation, Restoration, Demolition, or Study (a) The committee may issue a permit to other state agencies or political subdivisions or
to qualified private institutions, companies, or individuals for the survey and discovery, excavation, demolition, or restoration of, or the conduct of scientific or educational studies
at, in, or on landmarks, or for the discovery of eligible landmarks on public land if it is the opinion of the committee that the permit is in the best interest of the State of Texas.
(b) Restoration shall be defined as any rehabilitation of a landmark excepting normal maintenance or alterations to nonpublic interior spaces. (c) The permit shall: (1) be on a form
approved by the attorney general; (2) specify the location, nature of the activity, and the time period covered by the permit; and (3) provide for the termination of any right in the
investigator or permittee under the permit on the violation of any of the terms of the permit. Sec. 191.055. Supervision All scientific investigations or recovery operations conducted
under the contract provisions in Section 191.053 of this code and all operations conducted under permits or contracts set out in Section 191.054 of this code must be carried out: (1)
under the general supervision of the committee; (2) in accordance with reasonable rules adopted by the committee; and (3) in such manner that the maximum amount of historic, scientific,
archeological, and educational information may be recovered and preserved in addition to the physical recovery of items. Sec. 191.056. Acceptance of Gifts The committee may accept gifts,
grants, devises, or bequests of money, securities, or property to be used in the pursuance of its activities and the performance of its duties. Sec. 191.057. Survey, Excavation, or Restoration
for Private Parties The committee may survey, excavate, or restore antiquities for private parties under rules promulgated by the committee. All real and administrative costs incurred
in the survey, excavation, or restoration shall be paid by the private party. Sec. 191.058. Curation of Artifacts (a) As far as is consistent with the public policy of this chapter,
the committee, on a majority vote, may arrange or contract with other state agencies or political subdivisions, and qualified private institutions, corporations, or individuals, for
public display of artifacts and other items in its custody through permanent exhibits established in the locality or region in which the I-34 TEXAS HISTORICAL COMMISSION
artifacts were discovered or recovered. The committee, on a majority vote, may also arrange or contract with these same persons and groups for portable or mobile displays. (b) The committee
is the legal custodian of the items described in this chapter and shall adopt appropriate rules, terms, and conditions to assure appropriate security, qualification of personnel, insurance,
facilities for preservation, restoration, and display of the items loaned under the contracts. (c) Arrangements for curation of artifacts, data, and other materials recovered under Texas
Antiquities Committee permits are specified in the body of the permit. Should a state agency or political subdivision lack the facilities or for any reason be unable to curate or provide
responsible storage for such artifacts, data, or other materials, the Texas Antiquities Committee will arrange for curation at a suitable institution. The Texas Antiquities Committee
may by rule assess costs for the curation. (d) The committee may contract with a qualified institution for the institution to serve as a repository for artifacts and other items in the
custody
of the committee. The Corpus Christi Museum of Science and History is the repository for marine artifacts. The committee may contract with other qualified institutions to serve as additional
repositories for marine artifacts. The committee may authorize an archeological repository to loan artifacts and other items curated by the repository to a qualified institution for
public display. The Corpus Christi Museum of Science and History: (1) does not own the artifacts for which it serves as a repository; and (2) shall make available for loan to a qualified
institution for display the marine artifacts for which it serves as a repository. Sec. 191.059. Complaints (a) The committee shall keep an information file about each complaint filed
with the committee. (b) If a written complaint is filed with the committee, the committee, at least as frequently as quarterly and until final disposition of the complaint, complaint,
shall notify the parties to the complaint of the status of the complaint. Subchapter D. State Archeological Landmarks Sec. 191.091. Ships, Wrecks of the Sea, and Treasure Imbedded in
Earth Sunken or abandoned pre-twentieth century ships and wrecks of the sea, and any part or the contents of them, and all treasure imbedded in the earth, located in, on, or under the
surface of land belonging to the State of Texas, including its tidelands, submerged land, and the beds of its rivers and the sea within jurisdiction of the State of Texas, are declared
to be state archeological landmarks and are eligible for designation. Sec. 191.092. Other Sites, Artifacts, or Articles (a) Sites, objects, buildings, artifacts, implements, and locations
of historical, archeological, scientific, or educational interest, including those pertaining to prehistoric and historical I-35 TEXAS HISTORICAL COMMISSION
American Indians or aboriginal campsites, dwellings, and habitation sites, their artifacts and implements of culture, as well as archeological sites of every character that are located
in, on, or under the surface of any land belonging to the State of Texas or to any county, city, or political subdivision of the state are state archeological landmarks and are eligible
for designation. (b) For the purposes of this section, a structure or a building has historical interest if the structure or building: (1) was the site of an event that has significance
in the history of the United States or the State of Texas; (2) was significantly associated with the life of a famous person; (3) was significantly associated with an event that symbolizes
an important principle or ideal; (4) represents a distinctive architectural type and has value as an example of a period, style, or construction technique; or (5) is important as part
of the heritage of a religious organization, ethnic group, or local society. (c) An individual or a private group that desires to nominate a building or site owned by a political subdivision
as a state archeological landmark must give notice of the nomination at the individual’s or group’s own expense in a newspaper of general circulation published in the city, town, or
county in which the building or site is located. If no newspaper of general circulation is published in the city, town, or county, the notice must be published in a newspaper of general
circulation published in an adjoining or neighboring county that is circulated in the county of the applicant’s residence. The notice must: (1) be printed in 12-point boldface type;
(2) include the exact location of the building or site; and (3) include the name of the group or individual nominating the building or site. (d) An original copy of the notice and an
affidavit of publication signed by the newspaper’s publisher must be submitted to the commission with the application for nomination. (e) The commission may not consider for designation
as a state archeological landmark a building or site owned by a political subdivision unless the notice and affidavit required by Subsection (d) are attached to the application. (f)
Before the committee may designate a structure or building as a state archeological landmark, the structure or building must be listed on the National Register of Historic Places. (g)
The committee shall adopt rules establishing criteria for the designation of a structure or building as a state archeological landmark. (h) The committee shall consider any and all fiscal
impact on local political subdivisions before any structure or building owned by a local political subdivision may be designated as a state archeological landmark. I-36 TEXAS HISTORICAL
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Sec. 191.093. Prerequisites to Removal, Altering, Damaging, Destroying, Salvaging, or Excavating Certain Landmarks Landmarks under Section 191.091 or 191.092 of this code are the sole
property of the State of Texas and may not be removed, altered, damaged, destroyed, salvaged, or excavated without a contract with or permit from the committee. Sec. 191.094. Designating
a Landmark on Private Land (a) Any site located on private land which is determined by majority vote of the committee to be of sufficient archeological, scientific, or historical significance
to scientific study, interest, or public representation of the aboriginal or historical past of Texas may be designated a state archeological landmark by the committee. (b) No site may
be designated on private land without the written consent of the landowner or landowners in recordable form sufficiently describing the site so that it may be located on the ground.
(c) On designation, the consent of the landowner shall be recorded in the deed records of the county in which the land is located. Sec. 191.095. Permit for Landmark on Private Land All
sites or items of archeological, scientific, or historical interest located on private land in the State of Texas in areas designated as landmarks, as provided in Section 191.094 of
this code, and landmarks under Section 191.092 of this code, may not be taken, altered, damaged, destroyed, salvaged, or excavated without a permit from the committee or in violation
of the terms of the permit. Sec. 191.096. Marking Landmark on Private Land Any site on private land which is designated a landmark shall be marked by at least one marker bearing the
words “State Archeological Landmark”. Sec. 191.097. Removing Designation as Landmark (a) Any landmark on public or private land may be determined by majority vote of the committee to
be of no further historical, archeological, educational, or scientific value, or not of sufficient value to warrant its further classification as a landmark, and on this determination
may be removed from the designation as a landmark. (b) On removal of the designation on private land which was designated by instrument of record, the committee shall execute and record
in the deed records of the county in which the site is located an instrument setting out the determination and releasing the site from the provisions of this chapter. Sec. 191.098. Notification
of Alteration or Demolition of Possible Landmark (a) A state agency may not alter, renovate, or demolish a building possessed by the state that was constructed at least 50 years before
the alteration, renovation, or demolition and that has I-37 TEXAS HISTORICAL COMMISSION
not been designated a landmark by the committee, without notifying the committee of the proposed alteration, renovation, or demolition not later than the 60th day before the day on which
the agency begins the alteration, renovation, or demolition. (b) After receipt of the notice the committee may waive the waiting period; however, if the committee institutes proceedings
to determine whether the building is a state archeological landmark under Section 191.092 of this code not later than the 60th day after the day on which the notice is received by the
committee, the agency must obtain a permit from the committee before beginning an alteration, renovation, or demolition of the building during the time that the committee’s proceedings
are pending. (c) Should the committee fail to provide a substantive response within 60 days to a request for a review of project plans, application for permit, draft report review, or
other business required under the Antiquities Code, the applicant may proceed without further reference to the committee. Subchapter E. Prohibitions Sec. 191.131. Contract or Permit
Requirement (a) No person, firm, or corporation may conduct a salvage or recovery operation without first obtaining a contract. (b) No person, firm, or corporation may conduct an operation
on any landmark without first obtaining a permit and having the permit in his or its possession at the site of the operation, or conduct the operation in violation of the provisions
of the permit. Sec. 191.132. Damage or Destruction (a) No person may intentionally and knowingly deface American Indian or aboriginal paintings, hieroglyphics, or other marks or carvings
on rock or elsewhere that pertain to early American Indian or aboriginal habitation of the country. (b) A person who is not the owner shall not willfully injure, disfigure, remove, or
destroy a historical structure, monument, marker, medallion, or artifact without lawful authority. Sec. 191.133. Entry Without Consent No person who is not the owner, and does not have
the consent of the owner, proprietor, lessee, or person in charge, may enter or attempt to enter on the enclosed land of another and intentionally injure, disfigure, remove, excavate,
damage, take, dig into, or destroy any historical structure, monument, marker, medallion, or artifact, or any prehistoric or historic archeological site, American Indian or aboriginal
campsite, artifact, burial, ruin, or other archeological remains located in, on, or under any private land within the State of Texas. I-38 TEXAS HISTORICAL COMMISSION
Subchapter F. Enforcement Sec. 191.171. Criminal Penalty (a) A person violating any of the provisions of this chapter is guilty of a misdemeanor, and on conviction shall be punished
by a fine of not less than $50 and not more than $1,000, by confinement in jail for not more than 30 days, or by both. (b) Each day of continued violation of any provision of this chapter
constitutes a separate offense for which the offender may be punished. Sec. 191.172. Civil Action by Attorney General (a) In addition to, and without limiting the other powers of the
attorney general, and without altering or waiving any criminal penalty provided in this chapter, the attorney general may bring an action in the name of the State of Texas in any court
of competent jurisdiction for restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this chapter, and for the return of items taken in
violation of the provisions of this chapter. (b) Venue for an action instituted by the attorney general lies either in Travis County or in the county in which the activity sought to
be restrained is alleged to be taking place or from which the items were taken. Sec. 191.173. Civil Action by Citizen (a) A citizen of the State of Texas may bring an action in any court
of competent jurisdiction for restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this chapter, and for the return of items taken in
violation of the provisions of this chapter. (b) Venue of an action by a citizen lies in the county in which the activity sought to be restrained is alleged to be taking place or from
which the items were taken. Sec. 191.174. Assistance From State Agencies, Political Subdivisions, and Law Enforcement Officers (a) The chief administrative officers of all state agencies
and political subdivisions are directed to cooperate and assist the committee and the attorney general in carrying out the intent of this chapter. (b) All state and local law enforcement
agencies and and officers are directed to assist in enforcing the provisions and carrying out the intent of this chapter. I-39 TEXAS HISTORICAL COMMISSION
LAWS OF TEXAS PERTAINING TO MUSEUMS TEXAS GOVERNMENT CODE Chapter 442. Texas Historical Commission Sec. 442.005. General Powers and Duties of Commission (a) The commission shall furnish
leadership, coordination, and services to county historical commissions, historical societies, and the organizations, agencies, institutions, museums, and individuals of this state interested
in the preservation of archeological or historical heritage and shall act as a clearinghouse and information center for that work in this state. (c) The commission shall furnish professional
consultant services to museums and to agencies, individuals, and organizations interested in the preservation and restoration of archeological or historic structures, sites, or landmarks.
(k) The commission may provide matching grants to preserve collections of small history museums in this state if the collections are significant in Texas or American history, architecture,
archeology, or culture. PROPERTY CODE Title 6a. Property Loaned to Museums Chapter 80. Ownership, Conservation, and Disposition of Property Loaned to Museum Sec. 80.001. Purposes The
purposes of this chapter are to establish the ownership of loaned cultural property that has been abandoned by the lender, to establish uniform procedures for the termination of loans
of property to museums, to allow museums to conserve loaned property under certain conditions, and to limit actions to recover loaned property. Sec. 80.002. Definitions In this chapter:
(1) “Museum” means an institution located in this state and operated by a nonprofit corporation or public agency, primarily educational, scientific, or aesthetic in purpose, that owns,
borrows, or cares for and studies, archives, or exhibits property. (2) “Lender” means a person whose name appears on the records of a museum as the person entitled to property held or
owed by the museum. I-40 TEXAS HISTORICAL COMMISSION
(3) “Loan,” “loaned,” and “on loan” include all deposits of property with a museum that are not accompanied by a transfer of title to the property. (4) “Property” or “cultural property”
means all tangible objects, animate and inanimate, under a museum’s care that have intrinsic, scientific, historic, artistic, or cultural value. Sec. 80.003. Notice to Lender (a) If
a museum is required to give a lender notice under this chapter, the museum is considered to have given the lender notice if the museum mails the notice to the lender at the lender’s
address and proof of receipt is received by the museum within 30 days after the date the notice is mailed. (b) If the museum does not have an address for the lender or if proof of receipt
is not received by the museum, the notice is considered to be given if the museum publishes notice at least once a week for two consecutive weeks in a newspaper of general circulation
in both the county in which the museum is located and the county of the lender’s address, if known. known. (c) In addition to any other information prescribed by this chapter, notices
given under this chapter must contain, if known, the lender’s name, the lender’s address, the date of the loan, and the name, address, and telephone number of the appropriate office
or official to be contacted at the museum for information regarding the loan. Sec. 80.004. Abandoned Property; Notice; Title to Property (a) Unless there is a written unexpired loan
agreement to the contrary, any property on loan to a museum for 15 years or more and to which no person has made claim according to the records of the museum is considered abandoned
and, notwithstanding Chapter 72, becomes the property of the museum if the museum has given the lender notice in accordance with Section 80.003. (b) If no valid claim has been made to
the property within 65 days after the date of the last notice given under Section 80.003, title to the property vests in the museum free from all claims of the owner and all persons
claiming through or under the owner. Sec. 80.005. Intent to Terminate Loan; Form; Transformation of Specified Term to Indefinite Term (a) A museum may give the lender notice of the museum’s
intent to terminate a loan that was made for an indefinite term or for a term in excess of seven years. A notice of intent to terminate a loan given under this section must comply with
Section 80.003 and must include a statement containing substantially the following information: The records of (name of museum) indicate that you have property on loan to it. The museum
wishes to terminate the loan. You must contact the museum, establish your ownership of the property, and make arrangements to collect the property. If you fail to do so within 65 days
after the date of this notice, you will be deemed to have donated the property to the museum. See Chapter 80, Property Code. I-41 TEXAS HISTORICAL COMMISSION
(b) If, within 65 days after the date of the notice given under Subsection (a), the lender fails to contact the museum, establish ownership of the property, and make arrangements to
collect the property, the property is considered to be donated to the museum. (c) For the purposes of this chapter, a loan for a specified term becomes a loan for an indefinite term
if the property remains in the custody of the museum when the specified term expires. Sec. 80.006. Conservation or Disposal of Loaned Property; Conditions; Lien; Liability of Museum
(a) Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to or dispose of property on loan to the museum without a lender’s permission if
immediate action is required to protect the property on loan or to protect other property in the custody of the museum, or the property on loan has become a hazard to the health and
safety of the public or of the museum’s staff, and: (1) the museum cannot reach the lender at the lender’s last address of record so that the museum and the lender can promptly agree
on a solution; or (2) the lender will not agree to the protective measures the museum recommends, yet is unwilling or unable to terminate the loan and retrieve the property. (b) If a
museum applies conservation measures to or disposes of property under Subsection (a), the museum: (1) has a lien on the property and on the proceeds from any disposition of the property
for the costs incurred by the museum; and (2) is not liable for injury to or loss of the property if the museum: (A) had a reasonable belief at the time the action was taken that the
action was necessary to protect the property on loan or other property in the custody of the museum, or that the property on loan constituted a hazard to the health and safety of the
public or the museum’s staff; and (B) exercised reasonable care in the choice and application of the conservation measures. Sec. 80.007. Action to Recover Property; Limitations (a) The
two-year limitation on actions actions to recover personal property prescribed by Section 16.003, Civil Practice and Remedies Code, runs from the date the museum gives the lender notice
of its intent to terminate the loan under Section 80.005. (b) No action may be brought against a museum to recover property on loan to a museum for 15 years or more and to which no person
has made claim if the museum has complied with Section 80.004. (c) A lender is considered to have donated loaned property to a museum if the lender fails to file an action to recover
the property on loan to the museum within the period specified by Subsection (a). I-42 TEXAS HISTORICAL COMMISSION
(d) A person who purchases property from a museum acquires valid title to the property if the museum represents that it has acquired title to the property under Subsection (b) or (c).
Sec. 80.008. Notice of Provisions of Chapter; Lender’s Notices (a) If, after August 31, 1987, a museum accepts a loan of property for an indefinite term or for a term in excess of seven
years, the museum shall inform the lender in writing at the time of the loan of the provisions of this chapter. (b) The lender of property to a museum shall notify the museum promptly
in writing of any changes of address or change in ownership of the property. LOCAL GOVERNMENT CODE Subtitle B. County Parks and Other Recreational and Cultural Resources Chapter 316.
County Use Fees Subchapter B. Miscellaneous Provisions Sec. 316.021. Museums and Historic Sites in Populous Counties (a) The commissioners court of a county with a population of 2.2
million or more may charge and collect a fee from the general public for admission to a county-operated operated museum, historical site, historical building, or other similar building
or site. (b) The commissioners court by order may set the admission fee authorized by this section. (c) Admission fees charged and collected under this section shall be placed in a county
special fund to be used by the commissioners court for the payment of costs associated with the administration, maintenance, security, or staffing necessary to operate the building or
site. The special fund may not be expended for purposes other than those associated with the building or site. Sec. 316.022. Museums and Historic Sites in Certain Counties Operated by
Nonprofit Organizations (a) The commissioners court of a county with a population of 2.2 million or more may enter into a contract with a nonprofit organization authorizing the nonprofit
organization to: (1) manage and operate a museum, historical site, historical building, or similar building or site in the county; and (2) charge and collect a fee from the general public
for admission to the museum, historical site, historical building, or similar building or site if the nonprofit organization is not obligated to the county for capital improvements to
the museum, historical site, historical building, or similar building or site. (b) The commissioners court by order shall set the admission fee authorized by the contract. I-43 TEXAS
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(c) The funds generated by the admission fees are not required to be deposited in the county treasury. (d) The nonprofit organization may spend funds generated by the admission fees
for the payment of costs associated with the administration, maintenance, security, or staffing necessary to operate the building or site as approved by the commissioners court and provided
by the contract. The funds may not be spent for purposes other than those associated with the building or site. (e) In this section, “nonprofit organization” means a private, nonprofit,
tax-exempt organization described by Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)), as amended. Chapter 318. Historic Preservation by Counties Subchapter
A. County Historical Commission Sec. 318.010. Resource Interpretation (d) The commission may: (1) operate and manage any museum owned or leased by the county; (2) acquire artifacts and
other museum collections in the name of the museum or the commission; and (3) supervise any employees hired by the commissioners court to operate the museum. (e) In operating museums,
the commission shall adhere to professional standards in the care, collection, management, and interpretation of artifacts. Chapter 319. Horticultural and Agricultural Exhibits in Counties
Sec. 319.002. Museums, Buildings, and Improvements To aid in the exhibition of products listed in Section 319.001, the commissioners court of a county may establish and maintain a museum,
building, or other improvement in the county or at any other location in the United States at which a fair or exposition is being held. Subtitle C. Parks and Other Recreational and Cultural
Resources Provisions Applying to More Than One Type of Local Government Chapter 331. Municipal and County Authority to Acquire and Maintain Parks, Museums and Historic Sites Sec. 331.001.
General Authority (b) A municipality or county may by gift, devise, purchase, or eminent domain proceeding acquire: I-44 TEXAS HISTORICAL COMMISSION
(1) land and buildings to be used for public parks, playgrounds, or historical museums; or (2) land on which are located: (A) historic buildings, sites, or landmarks of statewide historical
significance associated with historic events or personalities; (c) Land acquired by a municipality under Subsection (b) may be situated inside or outside the municipality but must be
within the county in which the municipality is situated, and land acquired by a county under Subsection (b) must be within the limits of the county. The land may be acquired in any size
tract considered suitable by the governing body of the municipality or county. Sec. 331.002. Acquisition of Historic Objects A municipality or county may acquire by gift or purchase,
individually or in a collection, any historic book, painting, sculpture, coin, or other object or collection of historical significance to the municipality or county. Sec. 331.003. Eminent
Domain A municipality or county may exercise eminent domain under Section 331.001(b) for the acquisition of a historic site, building, or structure only on a showing that it is necessary
to prevent the destruction or deterioration of the site, building, or structure. Sec. 331.004. Bonds and Taxes (a) A municipality or county may issue negotiable bonds for the purpose
of acquiring or improving land, buildings, or historically significant objects for park purposes or for historic or prehistoric preservation purposes, and may assess, levy, and collect
ad valorem taxes to pay the principal of and interest on those bonds and to provide a sinking fund. Sec. 331.005. Management of Facilities (b) A historic or prehistoric site, historical
museum, or historically significant object acquired under this chapter is under the control and management of the municipality or county that acquired it. Sec. 331.006. Concessions (a)
The management of any park, historical museum, or historic or prehistoric site acquired under this chapter may sell or lease concessions or privileges for the establishment of amusements,
stores, gasoline stations, and other concerns consistent with the operation of a public park and the preservation of noteworthy features of a historic or prehistoric site or historical
museum. (b) The proceeds of the sales and leases may be used only for the improvement and operation of the park, museum, or site. However, the proceeds of the sales or leases in connection
with a municipal park may also be used for the support, maintenance, and upkeep of other municipal parks. I-45 TEXAS HISTORICAL COMMISSION
Sec. 331.007. Public Use A park, a playground, a historical museum and its contents, or a historic or prehistoric site acquired and maintained under this chapter shall be open for the
use of the public under rules prescribed by the governing body of the park, playground, museum, or site. Sec. 331.008. Municipal and County Cooperation (a) A municipality and a county
may act in cooperation with each other in the exercise of authority under this chapter. A park, playground, museum, or site acquired jointly by a municipality and county acting in cooperation
is under joint management and control. Chapter 333. Joint Municipal – County Museums Sec. 333.001. Definitions In this chapter: (1) “Board” means the board of managers of a joint municipal
and county museum. (2) “Governing body” means a commissioners court of a county or a governing body of a municipality. Sec. 333.002. Joint Museum The governing bodies of a county with
a population of 20,000 or less and a municipality that has a population of 10,000 or more more and that is located within the county may jointly erect, equip, maintain, and operate a
museum. Sec. 333.003. Finances The museum may be financed out of the general revenues of the municipality and county in agreed proportions. Sec. 333.004. Board of Managers By resolution
or other proper action, the governing bodies may delegate to a board of managers full authority to erect, maintain, own, and equip a museum and to own, lease, or sublet realty for the
museum. Sec. 333.009. Personnel (a) The board may hire a manager of the museum. With the consent of the board, the manager may hire other personnel. (b) The manager and other personnel
are subject to the bylaws and rules adopted by the board. I-46 TEXAS HISTORICAL COMMISSION
TAX CODE Subtitle D. Local Hotel Occupancy Taxes Chapter 351. Municipal Hotel Occupancy Taxes Subchapter B. Use and Allocation of Revenue Sec. 351.101. Use of Tax Revenue (a) Revenue
from the municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry, and that use is limited to the following: (5) historical restoration
and preservation projects or
activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums: (A) at or
in the immediate vicinity of convention center facilities or visitor information centers; or (B) located elsewhere in the municipality or its vicinity that would be frequented by tourists
and convention delegates. ATTORNEY GENERAL OPINIONS No. JM-1022, Issued 2-27-89 A commissioners court, absent specific statutory language conferring such power, has no authority to impose
a special tax whose revenues are to be dedicated to the support of a a county historical commission. No. WW-371, Issued 2-17-58 A county commissioners court may issue time warrants to
construct a museum building. The court may maintain the building and its contents. It may also employ personnel necessary for maintenance of the building and operation of the museum.
The building may be constructed upon any site within the county considered suitable by the commissioners court. No. H-1170, Issued 6-2-78 Article 3, section 52 does not bar a county
from contracting with a city pursuant to statutory authority to help operate and maintain a museum, park, or recreational area owned by the city. No. M-680, Issued 9-1-70 The commissioners
court has implied power to create a Museum Board to manage a County Museum and to pay travel expenses of the Board Members in carrying out their duties in those capacities. I-47 TEXAS
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No. M-1113, Issued 4-3-1972 The commissioners court may expend monies to pay part of the salary of the manager of a museum, even if the county does not own the property. No. H-1170,
Issued 6-2-78 A city and county may contract to help operate a museum, park, or recreational area. HOTEL OCCUPANCY TAX (Texas Tax Code) Subtitle D. Local Hotel Occupancy Taxes Chapter
351. Municipal Hotel Occupancy Taxes Subchapter B. Use and Allocation of Revenue Sec. 351.101. Use of Tax Revenue (a) Revenue from the municipal hotel occupancy tax may be used only
to promote tourism and the convention and hotel industry, and that use is limited to the following: (1) the acquisition of sites for and the construction, improvement, enlarging, equipping,
repairing, operation, and maintenance of convention center facilities or visitor information centers, or both; (2) the furnishing of facilities, personnel, and materials for the registration
of convention delegates or registrants; (3) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality
or its vicinity; (4) the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture,
design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation,
performance, execution, and exhibition of these major art forms; and (5) historical restoration and preservation projects or activities or advertising and conducting solicitations and
promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums: (A) at or in the immediate vicinity of convention center facilities
or visitor information centers; or (B) located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates. I-48 TEXAS HISTORICAL COMM
ISSION(b) Revenue derived from the tax authorized by this chapter shall be expended in a manner directly enhancing and promoting tourism and the convention and hotel industry as permitted
by Subsection (a). That revenue may not be used for the general revenue purposes or general governmental operations of a municipality. (c) The governing body of a municipality by contract
may delegate to a person, including another governmental entity or a private organization, the management or supervision of programs and activities funded with revenue from the tax authorized
by this chapter. The governing body in writing shall approve in advance the annual budget of the person to which it delegates those functions and shall require the person to make periodic
reports to the governing body at least quarterly listing the expenditures made by the person with revenue from the tax authorized by this chapter. The person must maintain revenue provided
from the tax authorized by this chapter in a separate account established for for that purpose and may not commingle that revenue with any other money. The municipality may not delegate
to any person the management or supervision of its convention and visitors programs and activities funded with revenue from the tax authorized by this chapter other than by contract
as provided by this subsection. The approval by the governing body of the municipality of the annual budget of the person to whom the governing body delegates those functions creates
a fiduciary duty in the person with respect to the revenue provided by the tax authorized by this chapter. (d) An eligible municipality, as defined in Section 351.001(3), Tax Code, may
not contract with a private organization under Subsection (c) unless the contract requires the organization to select a new governing body as soon as practicable after the contract takes
effect and to limit the composition of its governing body to not more than 54 members, and provides that the appointment, election, or other designation of each member of the governing
body be submitted to and approved by the governing body of the municipality as long as the contract is in effect. The contract is not valid unless before the contract is executed the
private organization amends its charter, bylaws, or other governing rules to conform to the requirements of this subsection. (e) A person with whom a municipality contracts under this
section to conduct an activity authorized by this section shall maintain complete and accurate financial records of each expenditure of hotel occupancy tax revenue made by the person
and, on request of the governing body of the municipality or other person, shall make the records available for inspection and review to the governing body or other person. (f) Hotel
occupancy tax revenue spent for a purpose authorized by this section may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative
costs only if those administrative costs are incurred directly in the promotion and servicing expenditures authorized under Section 351.101(a). If a municipal or other public or private
entity that conducts an activity authorized under this section conducts other activities that are not authorized under this section, the portion of the total administrative costs of
the entity for which hotel occupancy tax revenue may be used may not exceed the portion of those administrative costs actually incurred in conducting the authorized activities. I-49
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(g) Municipal hotel occupancy tax revenue may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the
promotion of tourism and the convention and hotel industry or the performance of the person’s job in an efficient and professional manner. (h) The governing body of an eligible municipality,
as defined in Section 351.001(3), Tax Code, may not approve the budget of a person with whom the eligible municipality enters into a contract under Subsection (c) unless the governing
body first holds a public hearing to consider the proposed budget. The governing body may not hold the hearing unless notice of the hearing is published not later than the seventh day
before the date of the hearing. The notice must be published in at least three newspapers having general circulation in the eligible municipality. If there are at least two newspapers
having general circulation in the eligible municipality that are published daily, the notice must be published in at least two of those newspapers. If there is at least one newspaper
having general circulation in the eligible municipality that is published weekly, the notice must be published in at least one of those newspapers. If there are fewer than three newspapers
having general circulation in the eligible municipality, the notice must be published in every newspaper having general circulation in the eligible municipality. The notice may not be
smaller than one-eighth of a page of the newspaper in which it appears and may not be published in the part of the newspaper in which legal notices and classified advertisements appear.
The notice must include the purpose, date, time, and exact location of the public hearing and must clearly indicate that members of the public will be permitted to present their views
at the hearing. The notice must contain a summary of the proposed budget, including the name of the person whose budget is being considered, the total amount to be budgeted, and the
general uses for which the budget authorizes hotel occupancy tax revenue to be spent. The hearing must be held at a location convenient to members of the general public in the downtown
business district of the eligible municipality. At the hearing, the governing body must afford all interested persons an opportunity to present their views on the proposed budget and
its adoption. (i) Nothing in this section shall prohibit any private entity, person, or organization from making subgrants by contract to any other person, entity, or private organization
for expenditures under Section 351.101(a)(4). A subgrantee shall: (1) at least annually make periodic reports to the governing body of its expenditures from the tax authorized by this
chapter; and (2) make records of these expenditures available for review to the governing body or other person. (j) Subsections (d) and (h) of this section do not apply to any private
entity, person, or organization that receives tax revenue under Subsection (a) of this section and makes expenditures under Paragraph (4) of Subsection (a) of this section. Sec. 351.103.
Allocation of Revenue: General Rule (a) At least 50 percent of the hotel occupancy tax revenue collected by a municipality with a population of 200,000 or greater must be allocated for
the purposes provided by Section I-50 TEXAS HISTORICAL COMMISSION
351.101(a)(3). For municipalities with a population of less than 200,000, allocations for the purposes provided by Section 351.101(a)(3) are as follows: (1) if the tax rate in a municipality
is not more than three percent of the cost paid for a room, not less than the amount of revenue received by the municipality from the tax at a rate of one-half of one percent of the
cost of the room; or (2) if the tax in a municipality exceeds three percent of the cost of a room, not less than the amount of revenue received by the municipality from the tax at a
rate of one percent of the cost of a room. This subsection does not apply to a municipality, regardless of population, that before October 1, 1989, adopted an ordinance providing for
the allocation of an amount in excess of 50 percent of the hotel occupancy tax revenue collected by the municipality for one or more specific purposes provided by Section 351.101(a)(1)
until the ordinance is repealed or expires or until the revenue is no longer used for those specific purposes in an amount in excess of 50 percent of the tax revenue. (b) Subsection
(a) does not apply to a municipality in a fiscal year of the municipality if the total amount of hotel occupancy tax collected by the municipality in the most recent calendar year that
ends at least 90 days before the date the fiscal year begins exceeds $2 million. A municipality excepted from the application of Subsection (a) by this subsection shall allocate hotel
occupancy tax revenue by ordinance, consistent with the other limitations of this section. The portion of the tax revenue allocated by the municipality for the purposes provided by Section
351.101(a)(1) may not exceed 75 percent, except that the 75 percent limitation does not apply to an eligible municipality, as defined in Section 351.001(3), Tax Code, that before October
1, 1989, adopts an ordinance providing for the allocation of an amount in excess of 75 percent of the hotel occupancy tax revenue collected by an eligible municipality for one or more
specific purposes provided by Section 351.101(a)(1) until the ordinance is repealed or expires or until the revenue is no longer used for those specific purposes in an amount in excess
of 75 percent of the tax revenue. (c) Not more than 15 percent of the hotel occupancy tax revenue collected by a municipality, other than a municipality having a population of more than
1.6 million, or the amount of tax received by the municipality at the rate of one percent of the cost of a room, whichever is greater, may be used for the purposes provided by Section
351.101(a)(4). Not more than 19.30 percent of the hotel occupancy tax revenue collected by a municipality having a population of more than 1.6 million, or the amount of tax received
by the municipality at the rate of one percent of the cost of a room, whichever is greater, may be used for the purposes provided by Section 351.101(a)(4). Not more than 15 percent of
the hotel occupancy tax revenue collected by a municipality having a population of more than 125,000 may be used for the purposes provided by Section 351.101(a)(5). This subsection does
not apply to an eligible municipality that imposes the tax authorized by this chapter at a rate that is less than seven percent of the price paid for a room in a hotel. (d) A municipality
that does not allocate any hotel occupancy tax revenue for the purposes provided by Section 351.101(a)(1) may allocate not more than 50 percent of the hotel occu-I-51 TEXAS HISTORICAL
COMMISSION
pancy tax revenue collected by the municipality for the purposes provided by Section 351.101(a)(5). A municipality that before October 1, 1989, adopts an ordinance providing for the
allocation of an amount in excess of 50 percent of the hotel occupancy tax revenue collected by the municipality for one or more specific purposes provided by Section 351.101(a)(5) may
allocate the tax revenue as provided by that ordinance until the ordinance is repealed or expires or until the revenue is no longer used for those specific purposes. (e) A municipality
may use hotel occupancy tax revenue collected by the municipality for a purpose provided by Section 351.101(a)(1) only if the municipality complies with the applicable provisions of
this section. CONSERVATION EASEMENTS ACT Title 8, Texas Natural Resources Code Chapter 183. Conservation Easements Sec. 183.002. Creation, Conveyances, Acceptances, and Duration (a)
Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in
the same manner as other easements. (b) A right or duty in favor of or against a holder and a right in favor of a person having a third-party right of enforcement does not arise under
a conservation easement before its acceptance by the holder and the recordation of the acceptance. (c) Except as provided by Section 183.003(b) of this code, a conservation easement
is unlimited in duration unless the instrument creating it makes some other provision. (d) An interest that exists in real property at the time a conservation easement is created is
not impaired unless the owner of the interest is a party to the conservation easement or consents to it. (e) A conservation easement must be created in writing, acknowledged and recorded
in the deed records of the county in which the servient estate is located, and must include a legal description of the real property which constitutes the servient estate. (f) If land
that has been subject to a a conservation easement is no longer subject to such easement, an additional tax is imposed on the land equal to the difference, if any, between the taxes
imposed on the land for each of the five years preceding the year in which the easement terminates and the taxes that would have been imposed had the land not been subject to a conservation
easement in each of those years, plus interest at an annual rate of seven percent calculated from the dates on which the differences would have become due. I-52 TEXAS HISTORICAL COMMISSION
Sec. 183.003. Judicial Actions (a) An action affecting a conservation easement may be brought by: (1) an owner of an interest in the real property burdened by the easement; (2) a holder
of the easement; (3) a person having a third-party right of enforcement; or (4) a person authorized by some other law. (b) This chapter does not affect the power of a court to modify
or terminate a conservation easement in accordance with the principles of law and equity. Sec. 183.004. Validity A conservation easement is valid even though: (1) it is not appurtenant
to an interest in real property; (2) it can be or has been assigned to another holder; (3) it is not of a character that has been recognized traditionally at common law; (4) it imposes
a negative burden; (5) it imposes affirmative obligations on the owner of an interest in the burdened property or on the holder; (6) the benefit does not touch or concern real property;
or (7) there is no privity of estate or of contract. Sec. 183.005. Applicability This chapter applies to any interest created on or after September 1, 1983, that complies with this chapter,
whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise. This chapter applies to any interest created before September
1, 1983, if it would have been enforceable had it been created on or after September 1, 1983, unless retroactive application contravenes the constitution or laws of this state or the
United States. This chapter does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement,
or otherwise, that is enforceable under other law of this state. I-53 TEXAS HISTORICAL COMMISSION
DESIGNATION OF STATE HIGHWAYS BY LOCAL GOVERNMENTS TRANSPORTATION CODE Chapter 225. State Highway Names Subchapter A. State Highway Names in General Sec. 225.002. Memorial Designation
of Highway by Local Government (a) A local government may assign a memorial or other identifying designation to a part of the highway system. (b) A part of the highway system assigned
a designation under Subsection (a) may be marked only with the regular highway number. Sec. 225.003. Application for and Site Selection of Memorial Marker (a) A local government planning
a memorial designation must submit an application to the director completely describing: (1) the nature and objectives of the designation; and (2) any marker to be erected. (b) A marker
may not be erected earlier than the 91st day after the date the director approves an application to allow the department to select and prepare a proper site. Sec. 225.004. Memorial Marker
(a) A local government may purchase and furnish to the department a suitable locally identifying memorial marker. (b) If the director approves the size and type of a marker, the department,
on request, may erect the marker at a place most suitable to the department’s maintenance operations. (c) If two or more local governments cooperate in seeking a continuous memorial
or other identifying designation, they may furnish to the department markers to be erected at each end of the designated limits and at intermediate sites so that markers are approximately
75 miles apart. (d) The department shall maintain the grounds for a marker. The local government shall repair or replace a marker. Sec. 225.005. Designation of Historical Route (a) The
department shall mark with a historical name a farm-to-market or ranch road that follows a historical route if: I-54 TEXAS HISTORICAL COMMISSION
(1) a county historical commission applies to the Texas Historical Commission and the department for the marking of the road; and (2) the Texas Historical Commission certifies that the
name has been in common usage in the area for at least 50 years. (b) The evidence to support a certification under Subsection (a) must: (1) be submitted by the county historical commission
applying for the designation; and (2) include an affidavit from each of at least five longtime residents of the area. (c) The department shall prepare and install signs along the road
that indicate the road’s historical name. The county historical commission applying for the designation shall pay the cost of preparing the signs. LAWS CONCERNING COUNTY COURTHOUSES
TEXAS GOVERNMENT CODE Chapter 442. Texas Historical Commission Sec. 442.001. Definitions In this chapter: (1) “Historic courthouse” means a county courthouse that is at least 50 years
old. (2) “Historic courthouse project” means a project to preserve or restore a historic courthouse. Sec. 442.008. County Courthouses (a) A county may not demolish, sell, lease, or damage
the historical or architectural integrity of any building that serves or has served as a county courthouse without notifying the commission of the intended action at least six months
before the date on which it acts. (b) If the commission determines that a courthouse has historical significance worthy of preservation, the commission shall notify the commissioners
court of the county of that fact not later than the 30th day after the date on which the commission received notice from the county. A county may not demolish, sell, lease, or damage
the historical or architectural integrity of a courthouse before the 180th day after the date on which it received notice from the commission. The commission shall cooperate with any
interested person during the 180–day period to preserve the historical integrity of the courthouse. (c) A county may carry out ordinary maintenance of and repairs to a courthouse without
notifying the commission. I-55 TEXAS HISTORICAL COMMISSION
Sec. 442.0081. Historic Courthouse Preservation Program; Grants and Loans (a) The commission shall administer a historic courthouse preservation program. (b) A county that owns a historic
courthouse may apply to the commission for a grant or loan for a historic courthouse project. The application must: (1) state the location of the courthouse; (2) state whether the courthouse
is or is likely to become a historic structure; (3) state the amount of money or in-kind contributions that the county promises to contribute to the project; (4) state whether the courthouse
is currently functioning as a courthouse; (5) include any plans, including a master preservation plan, that the county may have for the project; and (6) include any other information
that the commission by rule may require. (c) The commission may grant or loan money to a county that owns a historic courthouse, for the purpose of preserving or restoring the courthouse,
if the county’s application meets the standards of the historic courthouse preservation program. In considering whether to grant an application, the commission shall consider the preferences
and factors listed in this section as well as any other factors that it may provide by rule. (d) In considering whether to grant an application, the commission shall give preference
to: (1) a proposed project to preserve or restore a courthouse: (A) that is or is likely to become a historic structure; and (B) that: (i) is still functioning as a courthouse; (ii)
was built before 1875; or (iii) is subject to a conservation easement held by the commission; and (2) a county that will provide or has provided at least 15 percent of the project’s
costs, including: (A) in-kind contributions; and (B) previous expenditures for master planning and renovations on the courthouse that are the subject of the application. (e) In considering
whether to grant an application, the commission shall also consider the following factors: (1) the amount of money available for a grant or loan and the percentage of the costs that
the county will contribute; (2) whether the county will contribute any in-kind contribution such as labor or materials; (3) the cost to preserve or restore the courthouse; (4) the architectural
style of the courthouse; I-56 TEXAS HISTORICAL COMMISSION
(5) the historic significance of the courthouse; (6) the county’s master preservation plan; and (7) any other factors that the commission by rule may provide. (f) The commission shall
adopt rules regarding the way in which it will consider the following factors in analyzing a county’s contribution to project costs under Subsection (d)(2): (1) the period during which
past expenditures can be considered; (2) the amount of past expenditures that can be considered; and (3) the amount and type of in-kind contributions that can be considered. (g) The
commission shall appoint a Texas Courthouse Preservation Program Advisory Committee. The committee shall assist the commission on matters relating to the historic courthouse preservation
program. The commission may reimburse a committee member’s travel expenses and provide a per diem for other expenses from funds appropriated to the commission, but not from funds in
the historic courthouse preservation fund account created by this chapter. Chapter 2110 applies to the the committee, but the committee must include: (1) members from the different geographical
areas of the state; (2) an equal number of members from counties with a population of: (A) 24,999 or less; (B) 25,000 to 75,000; and (C) 75,001 or more; and (3) at least the following
members: (A) one or more elected county officials; (B) one or more members of historical organizations or persons with knowledge of and experience in preservation who are not elected
county officials; and (C) one or more members of the general public who do not meet the requirements of Paragraph (A) or (B). (h) The commission shall adopt rules necessary to implement
the historic courthouse preservation program. Sec. 442.0082. Historic Courthouse Project; Requirements (a) Before incurring any expenses payable from funds received from the commission
under the historic courthouse preservation program, a county must have a master preservation plan for its historic courthouse project. The commission by rule shall prescribe the minimum
standards for a master preservation plan. (b) A county that receives money under the historic courthouse preservation program must use recognized preservation standards for work on a
historic courthouse project. The commission by rule shall establish standards regarding the quality of the work performed on a historic courthouse project. I-57 TEXAS HISTORICAL COMMISSION
(c) A county that receives money under the historic courthouse preservation program for a historic courthouse project may use the money only for eligible preservation and restoration
expenses that the commission by rule shall prescribe. Eligible expenses may include costs for: (1) structural, mechanical, electrical, and plumbing systems and weather protection and
emergency public safety issues not covered by insurance; (2) code and environmental compliance, including complying with the federal Americans with Disabilities Act of 1990 and its subsequent
amendments, Article 9102, Revised Statutes, and other state laws relating to accessibility standards, hazardous materials mitigation rules, and other similar concerns; (3) replication
of a missing architectural feature; (4) removal of an inappropriate addition or modification; and (5) restoration of a courtroom or other significant public space in a functional and
historically appropriate manner. (d) A county’s expenditure of money received under this chapter for a historic courthouse project is subject to audit by the state auditor in accordance
with Chapter 321. (e) The commission by rule shall provide for oversight procedures on a project. These rules shall provide for reasonable inspections by the commission as well as periodic
reports by a county on a project’s progress. Sec. 442.0083. Funding for Historic Courthouse Preservation Program; Historic Courthouse Preservation Fund Account (a) The historic courthouse
preservation fund account is a separate account in the general revenue fund. The account consists of transfers made to the account, payments on loans made under the historic courthouse
preservation program, grants and donations made for the purposes of the historic
courthouse preservation program, and income earned on investments of money in the account. Appropriations to the commission for the historic courthouse preservation program shall be
deposited to the credit of the account. Notwithstanding Section 404.071, income earned on money in the account shall be deposited to the credit of the account. (b) Except as otherwise
provided by Subsection (c), the commission may use money in the historic courthouse preservation fund account to provide a grant or loan to a county that owns a historic courthouse for
a historic courthouse project. The grant or loan may be in the amount and according to the terms that the commission by rule shall determine. (c) The commission may use money in the
historic courthouse preservation fund account to provide a loan under the historic courthouse preservation program only to the extent that the legislature provides in the General Appropriations
Act that money appropriated to the commission for the program may be used to make loans. (d) As a condition for providing the money under this section, the commission may require creation
of a conservation easement in the property, as provided by Chapter 183, Natural I-58 TEXAS HISTORICAL COMMISSION
Resources Code, in favor of the state and may require creation of other appropriate covenants in favor of the state. The commission may take any necessary action to enforce repayment
of a loan or any other agreements made under this section and Sections 442.0081 and 442.0082. (e) A grant for a historic courthouse project may not exceed the greater of $4 million or
two percent of the amount appropriated for implementing the historic courthouse preservation program during the state fiscal biennium. (f) Biennial appropriations to the commission for
administering the historic courthouse preservation program during a state fiscal biennium, including providing oversight for historic courthouse projects, may not exceed one percent
of the amount appropriated for implementing the historic courthouse preservation program during the state fiscal biennium. (g) The commission by rule may set a limit on the loan amount
for a historic courthouse project. This amount may be expressed as a dollar amount or as a percentage of the total amount appropriated for implementing the historic courthouse preservation
program during the state fiscal biennium. (h) The commission may accept a gift, grant, or other donation for the historic courthouse preservation program or a specific historic courthouse
project. LOCAL GOVERNMENT CODE Subtitle B. County Public Buildings Chapter 291. General Building Provisions Affecting Counties Sec. 291.001. Providing and Maintaining County Buildings
The commissioners court of a county shall: (3) maintain the courthouse, offices, and other public buildings. Sec. 291.003. Control of Courthouse The county sheriff shall have charge
and control of the county courthouse, subject to the regulations of the commissioners court. Sec. 291.005. Maintenance Employees in Counties With Population of More Than 500,000 (a)
The commissioners court of a county with a population of more than 500,000 shall direct and control the employees needed to repair, maintain, and operate the county’s courthouses and
criminal court buildings. I-59 TEXAS HISTORICAL COMMISSION
ATTORNEY GENERAL OPINIONS No. JM-753, Issued 7-20-87 The commissioners court may not donate office space in the county courthouse to the County Chamber of Commerce. The commissioners
court may lease space in a county building other than the courthouse to the chamber of commerce. No. JM-822, Issued 11-18-87 The Texas Historical Commission is not authorized to waive
the 180-day waiting period set forth in section 442.008 of the Government Code, governing the preservation of historic courthouses. LAWS CONCERNING CEMETERIES HEALTH & SAFETY CODE Subtitle
C. Cemeteries Chapter 711. General Provisions Relating to Cemeteries Subchapter A. General Provisions Sec. 711.001. Definitions In this chapter: (1) “Burial park” means a tract of land
that is used or intended to be used for interment in graves. (2) “Cemetery” means a place that is used or intended to be used for interment, and includes a graveyard, burial park, or
mausoleum. (3) “Cemetery organization” means: (A) an unincorporated association of plot owners not not operated for profit that is authorized by its articles of association to conduct
a business for cemetery purposes; or (B) a corporation, either for profit or not for profit, that is authorized by its articles of incorporation to conduct a business for cemetery purposes.
(4) “Cemetery purpose” means a purpose necessary or incidental to establishing, maintaining, managing, operating, improving, or conducting a cemetery, interring remains, or caring for,
preserving, and embellishing cemetery property. I-60 TEXAS HISTORICAL COMMISSION
(5) “Columbarium” means a durable, fireproof structure, or a room or other space in a durable, fireproof structure, containing niches and used or intended to be used to contain cremated
remains. (6) “Cremated remains” means the bone fragments remaining after the cremation process, which may include the residue of any foreign materials that were cremated with the human
remains. (7) “Cremation” means the irreversible process of reducing human remains to bone fragments through extreme heat and evaporation, which may include the processing or the pulverization
of bone fragments. (8) “Crematory” means a structure containing a furnace used or intended to be used for the cremation of human remains. (9) “Crematory and columbarium” means a durable,
fireproof structure containing both a crematory and columbarium. (10) “Crypt” means a chamber in a mausoleum of sufficient size to inter human remains. (11) “Directors” means the governing
body of a cemetery organization. (12) “Entombment” means interment in a crypt. (13) 13) “Funeral establishment” means a place of business used in the care and preparation for interment
or transportation of human remains, or any place where one or more persons, either as sole owner, in copartnership, or through corporate status, are engaged or represent themselves to
be engaged in the business of embalming or funeral directing. (14) “Grave” means a space of ground that is in a burial park and that is used or intended to be used for interment in the
ground. (15) “Human remains” means the body of a decedent. (16) “Interment” means the permanent disposition of remains by entombment, burial, or placement in a niche. (17) “Interment
right” means the right to inter the remains of one decedent in a plot. (18) “Inurnment” means the placement of cremated remains in an urn. (19) “Lawn crypt” means a subsurface receptacle
installed in multiple units for ground burial of human remains. (20) “Mausoleum” means a durable, fireproof structure used or intended to be used for entombment. (21) “Niche” means a
a space in a columbarium used or intended to be used for the placement of cremated remains in an urn or other container. (22) “Nonperpetual care cemetery” means a cemetery that is not
a perpetual care cemetery. I-61 TEXAS HISTORICAL COMMISSION
(23) “Perpetual care” or “endowment care” means the maintenance, repair, and care of all places in the cemetery. (24) “Perpetual care cemetery” or “endowment care cemetery” means a cemetery
for the benefit of which a perpetual care trust fund is established as provided by Chapter 712. (25) “Plot” means space in a cemetery owned by an individual or organization that is used
or intended to be used for interment, including a grave or adjoining graves, a crypt or adjoining crypts, a lawn crypt or adjoining lawn crypts, or a niche or adjoining niches. (26)
“Plot owner” means a person: (A) in whose name a plot is listed in a cemetery organization’s office as the owner of the exclusive right of sepulture; or (B) who holds, from a cemetery
organization, a certificate of ownership or other instrument of conveyance of the exclusive right of sepulture in a particular plot in the organization’s cemetery. (27) “Prepaid funeral
contract” means a written contract providing for prearranged or prepaid funeral services or funeral merchandise. (28) “Remains” means either human remains or cremated remains. Sec. 711.002.
Disposition of Remains; Duty to Inter (a) Unless a decedent has left directions in writing for the disposition of the decedent’s remains as provided in Subsection (g), the following
persons, in the priority listed, have the right to control the disposition, including cremation, of the decedent’s remains, shall inter the remains, and are liable for the reasonable
cost of interment: (1) the person designated in a written instrument signed by the decedent; (2) the decedent’s surviving spouse; (3) any one of the decedent’s surviving adult children;
(4) either one of the decedent’s surviving parents; (5) any one of the decedent’s surviving adult siblings; or (6) any adult person in the next degree of kinship in the order named by
law to inherit the estate of the decedent. (b) The written instrument referred to in Subsection (a)(1) shall be in substantially the following form: I-62 TEXAS HISTORICAL COMMISSION
APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS I, _______________________________________________________________________________, (your name and address) being of sound mind,
willfully and voluntarily make known my desire that, upon my death, the disposition of my remains shall be controlled by _______________________________________ (name of agent) in accordance
with Section 711.002 of the Health and Safety Code and, with respect to that subject only, I hereby appoint such person as my agent (attorney-in-fact). All decisions made by my agent
with respect to the disposition of my remains, including cremation, shall be binding. SPECIAL DIRECTIONS: Set forth below are any special directions limiting the power granted to my
agent: _________________________________________________________________________________ _________________________________________________________________________________ ____________________________
_____________________________________________________ _________________________________________________________________________________ _______________________________________________________________
__________________ AGENT: Name:____________________________________________________________________________ Address:__________________________________________________________________________
Telephone Number: ________________________________________________________________ Acceptance of Appointment: _________________________________________________________ (signature of
agent) Date of Signature:______________________________ SUCCESSORS: If my agent dies, becomes legally disabled, resigns, or refuses to act, I hereby appoint the following persons (each
to act alone and successively, in the order named) to serve as my agent (attorney-in-fact) to control the disposition of my remains as authorized by this document: 1. First Successor
Name:____________________________________________________________________________ Address:__________________________________________________________________________ Telephone Number:
________________________________________________________________ Acceptance of Appointment: _________________________________________________________ (signature of first successor) Date
of Signature:______________________________ I-63 TEXAS HISTORICAL COMMISSION
2. Second Successor Name:____________________________________________________________________________ Address:__________________________________________________________________________
Telephone Number: ________________________________________________________________ Acceptance of Appointment: _________________________________________________________ (signature of
second successor) Date of Signature:______________________________ DURATION: This appointment becomes effective upon my death. PRIOR APPOINTMENTS REVOKED: I hereby revoke any prior appointment
of any person to control the disposition of my remains. RELIANCE: I hereby agree that any cemetery organization, business operating a crematory or columbarium or both, funeral director
or embalmer, or funeral establishment who receives a copy of this document may act under it. Any modification or revocation of this document is not effective as to any such party until
that party receives actual notice of the modification or revocation. No such party shall be liable because of reliance on a copy of this document. ASSUMPTION: THE AGENT, AND EACH SUCCESSOR
AGENT, BY ACCEPTING THIS APPOINTMENT, ASSUMES THE OBLIGATIONS PROVIDED IN, AND IS BOUND BY THE PROVISIONS OF, SECTION 711.002 OF THE HEALTH AND SAFETY CODE. Signed this __________________________
day of ____________________________, 19_______. _________________________________________________________________________________ (your signature) State of ___________________________________County
of______________________________ This document was acknowledged before me on _______________________________________ (date) by ________________________________________________________________________
_______ (name of principal). _________________________________________________________________________________ (signature of notarial officer) (Seal, if any, of notary) ______________________________
___________________________________________________ (printed name) My commission expires: _________________________ I-64 TEXAS HISTORICAL COMMISSION
(c) A written instrument is legally sufficient under Subsection (a)(1) if the wording of the instrument complies substantially with Subsection (b), the instrument is properly completed,
the instrument is signed by the decedent, the agent, and each successor agent, and the signature of the decedent is acknowledged. Such written instrument may be modified or revoked only
by a subsequent written instrument that complies with this subsection. (d) A person listed in Subsection (a) has the right, duty, and liability provided by that subsection only if there
is no person in a priority listed before the person. (e) If there is no person with the duty to inter under Subsection (a) and: (1) an inquest is held, the person conducting the inquest
shall inter the remains; and (2) an inquest is not held, the county in which the death occurred shall inter the remains. (f) A person who represents that the person knows the identity
of a decedent and, in order to procure the disposition, including cremation, of the decedent’s decedent’s remains, signs an order or statement, other than a death certificate, warrants
the identity of the decedent and is liable for all damages that result, directly or indirectly, from that warrant. (g) A person may provide written directions for the disposition, including
cremation, of the person’s remains in a will, a prepaid funeral contract, or a written instrument signed and acknowledged by such person. The directions may govern the inscription to
be placed on a grave marker attached to any plot in which the decedent had the right of sepulture at the time of death and in which plot the decedent is subsequently interred. The directions
may be modified or revoked only by a subsequent writing signed and acknowledged by such person. The person otherwise entitled to control the disposition of a decedent’s remains under
this section shall faithfully carry out the directions of the decedent to the extent that the decedent’s estate or the person controlling the disposition are financially able to do so.
((h) If the directions are in a will, they shall be carried out immediately without the necessity of probate. If the will is not probated or is declared invalid for testamentary purposes,
the directions are valid to the extent to which they have been acted on in good faith. (i) A cemetery organization, a business operating a crematory or columbarium or both, a funeral
director or an embalmer, or a funeral establishment shall not be liable for carrying out the written directions of a decedent or the directions of any person who represents that the
person is entitled to control the disposition of the decedent’s remains . (j) In the absence of evidence of a contrary intent, it is presumed that a married woman directs that her name,
as it appears on the grave marker for the plot in which she is interred, include the same last name she used at the time of her death. (k) Any dispute among any of the persons listed
in Subsection (a) concerning their right to control the disposition, including cremation, of a decedent’s remains shall be resolved by a court of competent jurisdiction. A cemetery organization
or funeral establishment shall not be liable for refusing to accept the decedent’s remains, or to inter or otherwise dispose of the decedent’s remains, until it receives a court order
or other suitable confirmation that the dispute has been resolved or settled. I-65 TEXAS HISTORICAL COMMISSION
Sec. 711.003. Records of Interment A record shall be kept of each interment in a cemetery. The record must include: (1) the date the remains are received; (2) the date the remains are
interred; (3) the name and age of the person interred if those facts can be conveniently obtained; and (4) the identity of the plot in which the remains are interred. Sec. 711.004. Removal
of Remains (a) Remains interred in a cemetery may be removed from the cemetery with the written consent of the cemetery organization operating the cemetery and the written consent of
the current plot owner or owners and the following persons, in the priority listed: (1) the decedent’s surviving spouse; (2) the decedent’s surviving adult children; (3) the decedent’s
surviving parents; (4) the decedent’s adult siblings; or (5) the adult person in the next degree of kinship in the order named by law to inherit the estate of the decedent. (b) A person
listed in Subsection (a) may consent to the removal only if there is no person in a priority listed before that person. (c) If the consent required by Subsection (a) cannot be obtained,
the remains may be removed by permission of the county court of the county in which the cemetery is located. Before the date of application to the court for permission to remove remains
under this subsection, notice must be given to: (1) the cemetery organization operating the cemetery in which the remains are interred; (2) each person whose consent is required for
removal of the remains under Subsection (a); and (3) any other person that the court requires to be served. (d) For the purposes of Subsection (c), personal notice must be given not
later than the 11th day before the date of application to the court for permission to remove the remains, or notice by certified or registered mail must be given not later than the 16th
day before the date of application. (e) Subsections (a)–(d) do not apply to the removal of remains: (1) from one plot to another plot in the same cemetery; (2) by the cemetery organization
from a plot for which the purchase price is past due and unpaid, to another suitable place; or I-66 TEXAS HISTORICAL COMMISSION
(3) on the order of a court or person who conducts inquests. (f) Except as is authorized for a justice of the peace acting as coroner or medical examiner under Chapter 49, Code of Criminal
Procedure, remains may not be removed from a cemetery except on the written order of the state registrar or the state registrar’s designee. The cemetery organization shall keep a duplicate
copy of the order as part of its records. The Texas Board of Health may adopt rules to implement this subsection. (g) A person who removes remains from a cemetery shall keep a record
of the removal that includes:(1) the date the remains are removed; (2) the name and age at death of the decedent if those facts can be conveniently obtained; (3) the place to which the
remains are removed; and (4) the cemetery and plot from which the remains are removed. (h) If the remains are not reinterred, the person who removes the remains shall make and keep a
record of the disposition of the remains. (i) A person who removes remains from a cemetery shall give the cemetery organization operating the cemetery a copy of the record made as required
by Subsections (g) and (h). Sec. 711.007. Nuisance; Abatement and Injunction (a) A court of the county in which a cemetery is located may, by order, abate the cemetery as a nuisance
and enjoin its continuance if the cemetery is: (1) maintained, located, or used in violation of this chapter or Chapter 712; or (2) neglected so that it is offensive to the inhabitants
of the surrounding section. (b) The proceeding may be brought by: (1) the attorney general; (2) the Banking Commissioner of Texas; (3) the governing body of a municipality with a population
of more than 25,000, if the cemetery is located in the municipality or not farther than five miles from the municipality; (4) the district attorney of the county, if the cemetery is
located in an area of the county not described by Subdivision (3); (5) the owner of a residence: (A) in or near the municipality in which the cemetery is located; or (B) in the area
proscribed for the location of a cemetery by Section 711.008; or (6) the owner of a plot in the cemetery. (c) The court shall grant a permanent injunction against each person responsible
for the nuisance if a cemetery nuisance exists or is threatened. I-67 TEXAS HISTORICAL COMMISSION
(d) If a cemetery nuisance under Subsection (a)(2) is located in a municipality, the governing body of the municipality may authorize the removal of all bodies, monuments, tombs, or
other similar items from the cemetery to a perpetual care cemetery. Sec. 711.008. Location of Cemetery (a) Except as provided by Subsections (b), (c), and (f), an individual, corporation,
partnership, firm, trust, or association may not establish or operate a cemetery, or use any land for the interment of remains, located: (1) in or within one mile of the boundaries of
a municipality with a population of 5,000 to 25,000; (2) in or within two miles of the boundaries of a municipality with a population of 25,000 to 50,000; (3) in or within three miles
of the boundaries of a municipality with a population of 50,000 to 100,000; (4) in or within four miles of the boundaries of a municipality with a population of 100,000 to 200,000; or
(5) in or within five miles of the boundaries of a municipality with a population of at least 200,000. (b) Subsection (a) does not apply to: (1) a cemetery heretofore established and
operating; or (2) the establishment and use of a columbarium by an organized religious society or sect as part of or attached to the principal church building owned by the society or
sect. (c) Repealed by HB 1737, Legislative Session: 77 (R). (d) Subsection (a) does not apply to a cemetery established and operating before September 1, 1995, in a county with a population
of more than 250,000 and less than 251,000 that borders the Gulf of Mexico. (e) For the purpose of determining where a cemetery may be located under Subsection (a), the boundary of an
area annexed by a municipality is not considered to be a boundary of the municipality if no more than 10 percent of the boundary of the annexed area is composed of a part of the boundary
of the annexing municipality as it existed immediately before the annexation. (f) This subsection applies only to a municipality with a population of at least 60,000 that is located
in a county with a population of no more than 155,000. Not later than December 1, 24 2001, a charitable nonprofit corporation may file a written application with the governing body of
a municipality to establish or use a cemetery located inside the boundaries of the municipality. The municipality by ordinance shall prescribe the information to be included in the application.
The governing body by ordinance may authorize the establishment or use of a cemetery located inside the boundaries of the municipality if the-7 municipality determines and states in
the ordinance that the establishment or use of the cemetery does not adversely affect public health, safety, and welfare. I-68 TEXAS HISTORICAL COMMISSION
[(g)–(j) deleted by Acts, 1993, 73rd Leg., Ch. 634, §7, eff. Sept. 1, 1993. (k) This subsection applies only to a municipality with a population of 110,000 or more that is located in
a county with a population of less than 127,000. Not later than September 1, 1994, a person may file a written application with the governing body of the municipality to establish or
use a cemetery located inside the boundaries of the municipality. The municipality by ordinance shall prescribe the information to be included in the application. The governing body
by ordinance may authorize the establishment or use of a cemetery located inside the boundaries of the municipality if the municipality determines and states in the ordinance that the
establishment or use of the cemetery does not adversely affect public health, safety, and welfare. Sec. 711.009. Authority of Cemetery Keeper (a) The superintendent, sexton, or other
person in charge of a cemetery has the same powers, duties, and immunities granted by law to: (1) a police officer in the municipality in which the cemetery is located; or (2) a constable
or sheriff of the county in which the cemetery is located if the cemetery is outside a municipality. (b) A person who is granted authority under Subsection (a) shall maintain order and
enforce the cemetery organization’s rules, state law, and municipal ordinances in the cemetery over which that person has charge and as near the cemetery as necessary to protect cemetery
property. Sec. 711.010. Unknown or Abandoned Cemetery (a) The owner of property on which an unknown cemetery is discovered or on which an abandoned cemetery is located may not construct
improvements on the property in a manner that would further disturb the cemetery until the human remains interred in the cemetery are removed under a written order issued by the state
registrar or the state registrar’s designee under Section 711.004(f). (b) On petition of the owner of the property, a district court of the county in which an unknown cemetery is discovered
or an abandoned cemetery is located shall order the removal of any dedication for cemetery purposes that affects the property. If all human remains on the property have not previously
been removed, the court shall order the removal of the human remains from the cemetery to a perpetual care cemetery. A petition under this subsection shall be made ex parte in the name
of the owner of the property without naming any defendant or joinder of any other person. Sec. 711.011. Filing Record of Unknown Cemetery (a) A person who discovers an unknown or abandoned
cemetery shall file notice of the cemetery with the county clerk of the county in which the cemetery is located. The notice must contain a legal description of the land on which the
unknown or abandoned cemetery was found and describe the approximate location of the cemetery and the evidence of the cemetery that was discovered. I-69 TEXAS HISTORICAL COMMISSION
(b) A county clerk may not charge a fee for filing notice under this section. Subchapter B. Cemetery Corporations Sec. 711.021. Formation of Corporation to Maintain and Operate Cemetery
(a) An individual, corporation, partnership, firm, trust, or association may not engage in a business for cemetery purposes in this state unless the person is a corporation organized
for those purposes. (b) A corporation conducting a business for cemetery purposes, including the sale of plots, may be formed only as provided by this section. The corporation must be
either: (1) a nonprofit corporation organized in accordance with Section A or B, Article 3.01, Texas Non-Profit Corporation Act (Article 1396–3.01, Vernon’s Texas Civil Statutes), or
with Section 711.022; or (2) a private corporation operated for profit. (c) The charter of a cemetery corporation formed after May 15, 1947, but before September 1, 1993, must state
whether the corporation: (1) is operated for profit or not for profit; and (2) is operating a perpetual care cemetery or a nonperpetual care cemetery. (d) A corporation formed before
September 3, 1945, under statutory authority other than Section 5, Chapter 340, Acts of the 49th Legislature, Regular Session, 1945 (Article 912a–5, Vernon’s Texas Civil Statutes), to
maintain and operate a cemetery is governed by this chapter only to the extent that this chapter does not conflict with the charter or articles of incorporation of the corporation. (e)
This section does not apply to a
corporation chartered by the state before September 3, 1945, that, under its charter, bylaws, or dedication, created a perpetual care trust fund and maintains that fund in accordance
with the corporation’s trust agreement, Chapter 712, and this chapter. The corporation may operate a perpetual care cemetery without amending the corporation’s charter as if it had been
incorporated under this section. (f) Any cemetery that begins its initial operations on or after September 1, 1993, shall be operated as a perpetual care cemetery in accordance with
Chapter 712. (g) This section does not apply to: (1) a family, fraternal, or community cemetery that is not larger than 10 acres; (2) an unincorporated association of plot owners not
operated for profit; (3) a church, a religious society or denomination, or an entity solely administering the temporalities of a church or religious society or denomination; or (4) a
public cemetery belonging to this state or a county or municipality. (h) A cemetery corporation, including a corporation described by Subsection (d), that does not operate as a perpetual
care cemetery in accordance with Chapter 712 may not use the words I-70 TEXAS HISTORICAL COMMISSION
“perpetual care” or “endowment care,” or any other term that suggests “perpetual care” or “endowment care” standards, in: (1) the cemetery’s name; or (2) any advertising relating to
the cemetery. Sec. 711.0311. Desecration of Cemetery (a) A person commits an offense if the person acts without proper legal authority and knowingly: (1) destroys or damages the remains
of a decedent; (2) removes any portion of the remains of a decedent from a plot or other repository of remains; (3) desecrates remains; or (4) obliterates, vandalizes, or desecrates
a plot or other repository of remains. (b) An offense under Subsection (a) is a felony of the third degree. The person found guilty of committing the offense shall provide restitution
to the cemetery organization for any damage caused by the person. (c) A person commits an offense if the person acts without proper legal authority and knowingly: (1) defaces, vandalizes,
injures, or removes a gravestone, monument, or other structure commemorating a deceased person or group of persons, whether located within or outside of a cemetery; (2) obliterates,
vandalizes, or desecrates a park or other area clearly designated to preserve and perpetuate the memory of a deceased person or group of persons; (3) obliterates, vandalizes, or desecrates
plants, trees, shrubs, or flowers located on or around a cemetery; or (4) obliterates, vandalizes, or desecrates a fence, rail, curb, or other structure of a similar nature intended
for the protection or for the ornamentation of any plot, gravestone, monument, or other structure of similar character. (d) An offense under Subsection (c) is a Class C misdemeanor.
The person found guilty of committing the offense shall provide restitution to the cemetery organization for the amount of any damage caused by the person. (e) Subsections (a)–(d) do
not apply to the removal or unavoidable breakage or injury by a cemetery organization of anything placed in or on any portion of its cemetery in violation of any of the rules of the
cemetery organization, to the removal of anything placed in the cemetery in violation of any of the rules of the cemetery organization, or to the removal of anything placed in the cemetery
by or with the consent of the cemetery organization that in its judgment has become wrecked, unsightly, or dilapidated. (f) If an unemancipated minor is found guilty of violating Subsection
(a) or (c) and is unable to provide restitution to the cemetery organization, the minor may be required to spend that amount of time in service to the community as is determined by the
court or the parents or legal guardians of the minor may be required to provide restitution to the cemetery organiza-I-71 TEXAS HISTORICAL COMMISSION
tion for the amount of any damage caused by the offense, up to the total amount allowed under law. (g) A person commits an offense if the person knowingly enters or knowingly remains
on the premises of a cemetery without authorization during hours that the cemetery is posted as closed to the public. An offense under this subsection is a Class C misdemeanor. (h) This
section does not prevent a cemetery organization or the owner of a plot, gravestone, monument, or other structure of similar character from maintaining a civil action for the recovery
of damages caused by any injury resulting from a violation of this section. Sec. 711.034. Dedication (a) A cemetery organization that acquires property for interment purposes shall:
(1) in the case of land, survey and subdivide the property into gardens or sections, with descriptive names or numbers, and make a map or plat of the property showing the plots contained
within the perimeter boundary and showing a specific unique number for each plot; or (2) in the case case of a mausoleum or a crematory and columbarium, make a map or plat of the property
delineating sections or other divisions with descriptive names and numbers and showing a specific unique number for each crypt, lawn crypt, or niche. (b) The cemetery organization shall
file the map or plat with the county clerk of each county in which the property or any part of the property is located. (c) The cemetery organization shall file with the map or plat
a written certificate or declaration of dedication of the property delineated by the map or plat, dedicating the property exclusively to cemetery purposes. The certificate or declaration
must be: (1) in a form prescribed by the directors or officers of the cemetery organization; (2) signed by the president or vice-president and the secretary of the cemetery organization,
or by another person authorized by the directors; and (3) acknowledged. (d) Filing a map or plat and a certificate or declaration under this section dedicates the property for cemetery
purposes purposes and is constructive notice of that dedication. (e) The certificate or declaration may contain a provision permitting the directors by order to resurvey and change the
shape and size of the property for which the associated map or plat is filed if that change does not disturb any interred remains. If a change is made, the cemetery organization shall
file an amended map or plat and shall indicate any change in a specific unique number assigned to a plot, crypt, lawn crypt, or niche. (f) The county clerk shall number and file the
map or plat and record the certificate or declaration in the county deed records. (g) A cemetery association is civilly liable to the state in an amount not to exceed $1,000 for each
map or plat that fails to comply with Subsection (a), (b), (c), or (e). Sec. 711.035. Effect of Dedication I-72 TEXAS HISTORICAL COMMISSION
(a) Property may be dedicated for cemetery purposes, and the dedication is permitted in respect for the dead, for the disposition of remains, and in fulfillment of a duty to and for
the benefit of the public. (b) Dedication of cemetery property and title to the exclusive right of sepulture of a plot owner are not affected by the dissolution of the cemetery organization,
nonuse by the cemetery organization, alienation, encumbrance, or forced sale of the property. (c) Dedication of cemetery property may not be invalidated because of a violation of the
law against perpetuities or the law against the suspension of the power of alienation of title to or use of property. (d) A railroad, street, road, alley, pipeline, telephone, telegraph,
electric line, or other public utility or thoroughfare may not be placed through, over, or across a part of a dedicated cemetery without the consent of: (1) the directors of the cemetery
organization that owns or operates the cemetery; or (2) at least two-thirds of the owners of of plots in the cemetery. (e) All property of a dedicated cemetery, including a road, alley,
or walk in the cemetery: (1) is exempt from public improvements assessments, fees, and public taxation; and (2) may not be sold on execution or applied in payment of debts due from individual
owners and plots. (f) Dedicated cemetery property shall be used exclusively for cemetery purposes until the dedication is removed by court order or until the maintenance of the cemetery
is enjoined or abated as a nuisance under Section 711.007. Sec. 711.036. Removal of Dedication (a) A cemetery organization may petition a district court of the county in which its dedicated
cemetery is located to remove the dedication with respect to all or any portion of the cemetery if: (1) all the remains have been removed from that portion of the cemetery where the
dedication is to be removed; or (2) no interments were made in that portion of the cemetery where the dedication is to be removed and that portion of the cemetery is not used or necessary
for interment purposes. (b) The court shall order the removal of the dedication on notice and proof satisfactory to the court. Sec. 711.039. Rights of Interment in Plot (a) A plot in
which the exclusive right of sepulture is conveyed is presumed to be the separate property of the person named as grantee in the certificate of ownership or other instrument of conveyance.
(b) The spouse of a person to whom the exclusive right of sepulture in a plot is conveyed has a vested right of interment of the spouse’s remains in the plot while the spouse is married
to I-73 TEXAS HISTORICAL COMMISSION
the plot owner or if the spouse is married to the plot owner at the time of the owner’s death. (c) An attempted conveyance or other action without the joinder or written, attached consent
of the spouse of the plot owner does not divest the spouse of the vested right of interment. (d) The vested right of interment is terminated: (1) on the final decree of divorce between
the plot owner and the owner’s former spouse unless the decree provides otherwise; or (2) when the remains of the person having the vested right are interred elsewhere. (e) Unless a
plot owner who has the exclusive right of sepulture in a plot and who is interred in that plot has made a specific disposition of the plot by express reference to the plot in the owner’s
will or by written declaration filed and recorded in the office of the cemetery organization: (1) a grave, niche, or crypt in the plot shall be reserved for the surviving spouse of the
plot owner; and (2) the owner’s children, in order of need, may be interred in any remaining graves, niches, or crypts of the plot without the consent of a person claiming an interest
in the plot. (f) The surviving spouse or a child of an interred plot owner may each waive his right of interment in the plot in favor of a relative of the owner or relative of the owner’s
spouse. The person in whose favor the waiver is made may be interred in the plot. (g) The exclusive right of sepulture in an unused grave, niche, or crypt of a plot in which the plot
owner has been interred may be conveyed only by: (1) specific disposition of the unused grave, niche, or crypt by express reference to it in a will or by written declaration of the plot
owner filed and recorded in the office of the cemetery organization or (2) the surviving spouse, if any, and the heirs-at-law of the owner. (h) Unless a deceased plot owner who has the
exclusive right of sepulture in a plot and who is not interred in the plot has otherwise made specific disposition of the plot, the exclusive right of sepulture in the plot, except the
one grave, niche, or crypt reserved for the surviving spouse, if any, vests on the death of the owner in the owner’s heirs-at-law and may be conveyed by them. Sec. 711.040. Multiple
Owners of Plot Two or more owners of a plot may designate a person to represent the plot and file with the cemetery organization written notice of the designation. If notice is not filed,
the cemetery organization may inter or permit an interment in the plot at the request or direction of a registered co-owner of the plot. Sec. 711.041. Access to Cemetery (a) Any person
who wishes to visit a cemetery or private burial grounds for which no public I-74 TEXAS HISTORICAL COMMISSION
ingress or egress is available shall have the right to reasonable ingress and egress for the purpose of visiting the cemetery or private burial grounds. This right of access extends
only to visitation during reasonable hours and only for purposes usually associated with cemetery visits. (b) The owner or owners of the lands surrounding the cemetery or private burial
grounds may designate the routes of reasonable ingress and egress. Sec. 711.042. Authority of Nonprofit Cemetery Organization A nonprofit cemetery organization organized by plot owners
may: (1) divide cemetery property into lots and subdivisions for cemetery purposes; (2) charge assessments on the property for the purposes of general improvement and maintenance; and
(3) take any action, to the same extent and for the same purposes as a for-profit cemetery corporation, that is necessary to carry out the organization’s business purposes, which include
the business purposes necessarily incident to the burial and disposal of human remains, including any action necessary to: (A) convey property or other assets of the organization; (B)
borrow money; (C) pledge or mortgage the property or other assets of the organization to secure the organization’s indebtedness or other obligations; (D) lend money and take security
for the loan in furtherance of its business purposes; and (E) conduct any business activity or business directly or by or through one or more subsidiaries. Chapter 713. Local Regulation
of Cemeteries Subchapter A. Municipal regulation of Cemeteries Sec. 713.001. Municipal Cemetery Authorized The governing body of a municipality may: (1) purchase, establish, and regulate
a cemetery; and (2) enclose and improve a cemetery owned by the municipality. Sec. 713.002. Local Trust for Cemetery (a) A municipality that owns or operates a cemetery or has control
of cemetery property may act as a permanent trustee for the perpetual maintenance of the lots and graves in the cemetery. (b) To act as a trustee, a majority of the municipality’s governing
body must adopt an ordinance or resolution stating the municipality’s willingness and intention to act as a trustee. When the ordinance or resolution is adopted and the trust is accepted,
the trust is perpetual. I-75 TEXAS HISTORICAL COMMISSION
Sec. 713.009. Local Possession and Control of Unkept or Abandoned Cemetery (a) Except as provided by Subsection (i), a municipality with a cemetery inside the municipality’s boundaries
or extraterritorial jurisdiction may, by resolution, take possession and control of the cemetery on behalf of the public if the cemetery threatens or endangers public health, safety,
comfort, or welfare. (b) If a municipality does not take possession and control of a cemetery under Subsection (a) or acts to take possession and control but does not perform the work
required by Subsections (d), (e), and (f), a district court on petition of a resident of the county in which the cemetery is located shall by order appoint a willing nonprofit corporation
organized under the Texas Non-Profit Corporation Act (Article 1396–1.01 et seq., Vernon’s Texas Civil Statutes) to act in place of the municipality to protect the public health, safety,
comfort, and welfare. (c) A district court appointing a nonprofit corporation has continuing jurisdiction to monitor and review the corporation’s operation of the cemetery. The court
may, on its own motion, revoke the appointment and appoint another willing nonprofit corporation without the necessity of another petition. The court shall review the subsequent appointment
if a county resident petitions for review of the appointment. (d) A resolution of the municipality or an order of the court under this section must specify that, not later than the 60th
day after the date of giving notice of a declaration of intent to take possession and control, the municipality or corporation, as appropriate, shall: (1) remove or repair any fences,
walls, or other improvements; (2) straighten and reset any memorial stones or embellishments that are a threat or danger to public health, safety, comfort, or welfare; and (3) take proper
steps to restore and maintain the premises in an orderly and decent condition. (e) The notice must be given by mail to all persons shown by the records in the county clerk’s office to
have have an interest in the cemetery, and to all interested persons by publication in a newspaper of general circulation in the municipality. (f) After taking the action described by
Subsection (d), the municipality or corporation shall continue to maintain the cemetery so that it does not endanger the public health, safety, comfort, or welfare. Additional burial
spaces may not be offered for sale. (g) A cemetery in the possession and control of a municipality or corporation under this section must remain open to the public. (h) A municipality
or an officer or employee of the municipality is not civilly or criminally liable for acts performed in the good faith administration of this section. (i) This section does not apply
to: (1) a perpetual care cemetery incorporated under the laws of this state; or (2) a private family cemetery. I-76 TEXAS HISTORICAL COMMISSION
Sec. 713.010. Private Care of Graves This subchapter does not affect the right of a person who has an interest in a grave or burial lot, or who is related within the third degree by
affinity or consanguinity, as determined under Chapter 573, Government Code, to a decedent interred in the cemetery, to beautify or maintain a grave or burial lot individually or at
the person’s own expense in accordance with reasonable municipal rules. Subchapter B. County Regulation of Cemeteries Sec. 713.021. County Trust for Cemetery A commissioners court by
resolution may establish a perpetual trust fund to provide maintenance for a neglected or unkept public or private cemetery in the county. The commissioners court shall appoint the county
judge as trustee for the fund. Sec. 713.022. Gifts for Maintenance of Cemetery (a) A trustee for a county perpetual trust fund may adopt reasonable rules to receive a gift or grant from
any source and to determine the amount necessary for permanent maintenance of the cemetery. (b) A person who is interested in the maintenance of a neglected or unkept public or private
cemetery in the county may make a gift to the trust fund for maintenance of the cemetery. (c) The trustee’s acceptance of the gift is a perpetual trust for the maintenance of the cemetery.
(d) On acceptance of the gift, the trustee shall instruct the county treasurer to issue a certificate to the donor. The certificate must state: (1) the amount and purpose of the gift;
and (2) other information determined necessary by the trustee. Sec. 713.023. Use of Funds (a) The trustee may invest the fund in interest-bearing bonds or federal, state, or local government
securities. (b) The principal of the fund must be kept intact as a permanent principal trust fund. (c) The income or revenue of the fund may be used only for maintenance of a neglected
or unkept public or private cemetery in the county. Sec. 713.024. Appointment of Successor Trustee If a county judge who is acting as a trustee under this subchapter vacates the office
or renounces the trust, the district judge shall appoint a person, other than a county commissioner, as successor trustee to execute the trust. I-77 TEXAS HISTORICAL COMMISSION
Sec. 713.025. Private Care of Graves This subchapter does not affect the right of a person to maintain a grave or burial lot in a cemetery if the person: (1) has an interest in the grave
or burial lot; or (2) is related within the third degree by affinity or consanguinity, as determined under Chapter 573, Government Code, to a decedent interred in a cemetery maintained
by a trustee under this subchapter. Sec. 713.026. Use of Public Funds and Property Prohibited; Exceptions (a) Except as provided by Sections 713.027 and 713.028, a trustee of a fund
established under this subchapter or a member of the commissioners court or any other elected county officer may not pay or use public funds or county employees, equipment, or property
to maintain a neglected or unkept public or private cemetery. (b) Subsection (a) does not apply to a county if: (1) the county owned the cemetery from September 1, 1976, through January
1, 1979; or (2) the county used county funds, employees, equipment, or property to maintain a county-owned cemetery during 1976. (c) A county described by Subsection (b)(1) or (2) may
continue to own the cemetery or to provide maintenance for the cemetery that qualified the county for the exception if the county files with the secretary of state a certified copy of
a commissioners court order certifying that the county qualifies to own or maintain a cemetery under this section. The order must be kept in a register entitled “County-Owned and -Operated
Cemeteries.” Sec. 713.027. Cemetery Owned by County of 8,200 or Less (a) A county with a population of 8,200 or less may own, operate, and maintain a cemetery and sell the right of burial
in the cemetery. (b) The sale of the right of burial is exempt from the requirements of Sections 263.001–263.006, Local Government Code. (c) Revenue received from the sale of the right
of burial may be used to purchase additional land for cemetery purposes and for maintenance of county cemetery property. (d) The commissioners court of the county may spend money in
the general fund to maintain a public cemetery in the county and may dedicate not more than one-eighth of the maximum allowable tax levy for that purpose. (e) The commissioners court
of the county serves as the county cemetery board and shall manage cemetery property. Sec. 713.028. County Care of Cemetery Older than 50 Years (a) For purposes of historical preservation
or public health, safety, or welfare, a commissioners I-78 TEXAS HISTORICAL COMMISSION
court may use public funds, county employees, and county equipment to maintain a cemetery that has a grave marker more than 50 years old. (b) This section does not apply to a perpetual
care cemetery or a cemetery maintained by a religious or fraternal organization. Sec. 713.029. County Authority to Purchase Burial Grounds for Veterans (a) A commissioners court may
purchase burial grounds to be used exclusively for the burial of honorably discharged persons who: (1) have served in the United States armed forces during a war in which the United
States participated; and (2) die without leaving sufficient means to pay funeral expenses. (b) A commissioners court may not purchase burial grounds under this section if there is a
national military cemetery or other military plot in the county in which honorably discharged veterans of the United States armed forces may be buried free of charge. (c) Maintenance
of a cemetery under Subsection (a) includes any activity necessary for the continued operation of the cemetery, including the opening and closing of graves. This subsection applies only
to a county with a population of 40,000 or less. Chapter 715. Certain Historic Cemeteries Sec. 715.002. Petition of Nonprofit Corporation A nonprofit corporation organized under this
chapter to restore, operate, and maintain a historic cemetery may petition the district court of the county in which the cemetery is located to authorize the nonprofit corporation to
restore, operate, and maintain the cemetery. Sec. 715.003. Parties to Action An action commenced under this chapter shall be brought by the incorporators of the nonprofit corporation
on behalf of the nonprofit corporation. The necessary parties to the action on which citation shall be served under Section 715.006 are: (1) the record owners of the real property comprising
the historic cemetery; (2) the owners of plots in the cemetery, who may be designated as a class in the petition; and (3) the Texas Historical Commission. Sec. 715.004. Contents of Petition
(a) a petition filed by a nonprofit corporation under this chapter must contain a legal description of the real property comprising the historic cemetery and must aver to the court that:
(1) the nonprofit corporation, through its members and incorporators, has a religious, ethnic, historic, or cultural relationship to the cemetery; I-79 TEXAS HISTORICAL COMMISSION
(2) the cemetery was established more than 75 years before the date the action was commenced; (3) a viable organization of plot owners of the cemetery does not exist; and (4) the cemetery
threatens or endangers the public health, safety, comfort, or welfare. (b) The petition must be accompanied by the written plan described by Section 715.005. Sec. 715.005. Written Plan
(a) The written plan accompanying the nonprofit corporation’s petition must include: (1) a description of the actions to be taken by the nonprofit corporation to restore, operate, and
maintain the historic cemetery, which must include: (A) repair of any fences; (B) straightening and resetting of memorials or embellishments in the cemetery that are a threat or danger
to the public health, safety, comfort, or welfare; and (C) taking proper steps to restore and continuously operate and maintain the cemetery in an orderly and decent fashion that does
not endanger the public health, safety, comfort, or welfare; (2) the anticipated costs of the actions described under Subdivision (1); (3) the time that the actions described by Subdivision
(1) will be commenced and the time that it is anticipated the actions will be completed; (4) a description of the actions to be taken by the nonprofit corporation for the proper conduct
of its business and for the protection of the cemetery and the principles, plans, and ideals on which the cemetery was established; (5) the percentage of the total purchase price of
each plot in the cemetery sold and conveyed by the nonprofit corporation to be deposited in the trust fund established under Section 715.011, which must be at least 10 percent of the
total purchase price of the plot; and (6) a description of the records to be maintained by the nonprofit corporation, including records regarding: (A) the sale of plots in the cemetery;
(B) the interments in the cemetery; (C) the total purchase price received from the sale of each plot in the cemetery; (D) the percentage of the total purchase price of each plot in the
cemetery deposited in the trust fund established under Section 715.011; and (E) the income received by the nonprofit corporation from the trust fund established under Section 715.011
and the manner in which the income is used by the nonprofit corporation for the maintenance and care of the cemetery. (b) After the written plan is filed, the court may require that
the nonprofit corporation modify the plan to include other matters specified by the court. I-80 TEXAS HISTORICAL COMMISSION
Sec. 715.006. Service of Citation (a) Before the 31st day after the date an action is commenced by a nonprofit corporation under this chapter, the nonprofit corporation shall cause citation
to be issued and served by certified mail, return receipt requested, on: (1) the record owners of the real property comprising the cemetery at their last known addresses; (2) the owners
of plots in the cemetery at their last known addresses; (3) the Texas Historical Commission at its office in Austin, Texas; and (4) the county auditor of the county in which the cemetery
is located. (b) The citation must be accompanied by a copy of the petition. (c) If the address or identity of a plot owner is not known and cannot be ascertained with reasonable diligence,
service by publication shall be made on the plot owner by publishing notice at least three times in a newspaper of general circulation in the county in which the cemetery is located.
If there is not a newspaper of general circulation in the county in which the cemetery is located, the notice may be published in a newspaper of general circulation in an adjoining county.
Sec. 715.007. Hearing (a) Not later than the 90th day after the date the petition is filed, the court shall hold a hearing on the petition. (b) Notice of the hearing shall be given by
the nonprofit corporation to the parties listed in Section 715.003 not later than the 30th day before the date of the hearing. (c) The notice shall be given in the manner prescribed
by Section 715.006 for service of citation. (d) At the hearing, each of the parties listed in Section 715.003 shall be given an opportunity to be heard by the court and to answer the
petition of the nonprofit corporation.
Sec. 715.008. Court Order (a) The court shall issue an order authorizing the nonprofit corporation to restore, operate, and maintain the cemetery if the court finds that: (1) the facts
stated in the petition filed by a nonprofit corporation under this chapter are true and correct; (2) the written plan accompanying the petition demonstrates the nonprofit corporation’s
ability to restore, operate, and maintain the historic cemetery in accordance with this chapter; and (3) authorizing the nonprofit corporation to restore, operate, and maintain the cemetery
is in the best interest of the public. (b) The written plan must be incorporated in the court’s order. (c) The court’s order is binding on all parties to the action. (d) The court retains
continuing jurisdiction to monitor and review compliance with the court’s order. I-81 TEXAS HISTORICAL COMMISSION
Sec. 715.009. Nonprofit Corporation (a) The members of a nonprofit corporation authorized to restore, operate, and maintain a historic cemetery are the plot and property owners of the
cemetery. (b) Each plot owner may exercise the rights and privileges of a member of the nonprofit corporation without regard to whether the plot owner acquired the plot before or after
the nonprofit corporation was organized. Sec. 715.010. Organizational Meeting (a) A nonprofit corporation authorized to restore, operate, and maintain a historic cemetery shall, not
later than the 10th day after the date of the order of the court under Section 715.008: (1) publish notice of the time and place of the organizational meeting of the members of the nonprofit
corporation in a newspaper having general circulation in the county in which the cemetery is located or, if there is no newspaper of general circulation in the county in which the cemetery
is located, in a newspaper of general circulation in an adjoining county; and (2) post written notice of the time and place of the meeting at the cemetery. (b) The notice published under
Subsection (a)(1) must be published not later than the 30th day before the date of the meeting and repeated twice before the date of the meeting. The notice may not be published more
than once a week. (c) The written notice posted under Subsection (a)(2) must be posted not later than the 30th day before the date of the hearing and must remain posted until the date
of the hearing. (d) At the organizational meeting of the members of a nonprofit corporation authorized to restore, operate, and maintain a historic cemetery, a majority of the members
present and voting at the meeting shall elect a board of directors of the nonprofit corporation. Directors and officers are not required to be members of the nonprofit corporation. Sec.
715.011. Powers and Duties of Nonprofit Corporation; Trust Fund (a) A nonprofit corporation authorized to restore, operate, and maintain a historic cemetery may divide cemetery property
into into lots and subdivisions for cemetery purposes and charge reasonable assessments on the property for the purposes of general improvement and maintenance of the cemetery. (b) The
nonprofit corporation may sell and convey the exclusive right of sepulture in any unsold plot in the cemetery if, before the sale and conveyance of any right of sepulture, the nonprofit
corporation establishes a trust fund to provide for the perpetual maintenance of the cemetery. (c) The county auditor of the county in which the cemetery is located shall act as the
trustee of the trust fund. (d) The nonprofit corporation shall deposit in the trust fund the amount required under the written plan incorporated in the court’s order not later than the
20th day after the last day of I-82 TEXAS HISTORICAL COMMISSION
the month in which the total purchase price of a plot has been paid in full. (e) The nonprofit corporation shall file a monthly statement with the county auditor, signed by the president
and secretary of the nonprofit corporation, that verifies that all funds required to be deposited in the trust fund during the preceding month have been deposited in the trust fund and
that any income disbursed from the trust fund during the preceding month was used by the nonprofit corporation for the maintenance and care of the cemetery. (f) The principal of a trust
fund established under this section may not be reduced voluntarily, and it must remain inviolable. (g) The trust fund and the trustee are governed by Title 9, Property Code. (h) The
trustee may receive and hold as part of the trust fund any property contributed as a gift or grant to the trust fund for the perpetual maintenance of the historic cemetery. (i) The income
of the trust fund may be applied in the manner the directors of the nonprofit corporation determine to be for the best interest of the cemetery and may be used only for the maintenance
and care of the cemetery. (j) A district court of the county in which the historic cemetery is located shall appoint a suitable successor trustee of a trust fund established under this
section if the county auditor resigns the position of trustee of the trust fund or fails to act as its trustee. (k) The county auditor or other person who acts as the trustee of a trust
fund established under this section is not civilly or criminally liable for acts performed in the good faith administration of the trust fund. Sec. 715.012. Crematory Prohibited A nonprofit
corporation authorized to restore, operate, and maintain a cemetery under this chapter may not construct, establish, or maintain a crematory. Sec. 715.013. Adjacent or Contiguous Cemetery
A nonprofit corporation authorized to restore, operate, and maintain a historic cemetery may not acquire land for cemetery purposes that is adjacent or contiguous to the cemetery unless
the adjacent or contiguous land is operated as a perpetual care cemetery under Chapter 712. The nonprofit corporation may not petition the district court of the county in which the cemetery
is located to remove the dedication with respect to all or any portion of the cemetery. Sec. 715.014. Cemetery Open to Public A historic cemetery restored, operated, and maintained by
a nonprofit corporation under this chapter must remain open to the public. Sec. 715.015. Exemption This chapter does not apply to: (1) a perpetual care cemetery; or (2) a family cemetery.
I-83 TEXAS HISTORICAL COMMISSION
TEXAS GOVERNMENT CODE Chapter 442. Texas Historical Commission Sec. 442.017. Identification and Preservation of Abandoned Cemeteries (a) The commission should establish a program to
identify and preserve abandoned cemeteries across the state. (b) The commission is encouraged to use volunteers to the maximum extent possible to implement the program and to model the
program to the extent appropriate on the “Adopt-ABeach” program conducted by the General Land Office. (c) The commission may accept gifts, grants, and in-kind donations from public and
private entities for the implementation of the program. The legislature may appropriate money to the commission to implement the program. (d) The commission may adopt rules reasonably
necessary to implement the program. PENAL CODE Title 7. Offenses Against Property Chapter 28. Arson, Criminal Mischief, and Other Property Damage or Destruction Sec. 28.03. Criminal
Mischief (a) A person commits an offense if, without the effective consent of the owner: (3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings,
or paintings, on the tangible property of the owner. (f) An offense under this section is a state jail felony if the damage or destruction is inflicted on a place of worship or human
burial, a public monument, or a community center that provides medical, social, or educational programs and the amount of the pecuniary loss to real property or to tangible personal
property is less than $20,000. Sec. 28.08. Graffiti (a) A person commits an offense if, without the effective consent of the owner, the person intentionally or knowingly makes markings,
including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner with: (1) aerosol paint; (2) an indelible marker; or (3) an etching or engraving device.
(d) An offense under this section is a state jail felony if: I-84 TEXAS HISTORICAL COMMISSION
(1) the marking is made on a school, an institution of higher education, a place of worship or human burial, a public monument, or a community center that provides medical, social, or
educational programs; and (2) the amount of the pecuniary loss to real property or to tangible personal property is less than $20,000. Chapter 31. Theft Sec. 31.03. Theft (e) Except
as provided by Subsection (f), an offense under this section is: (4) a state jail felony if: (B) regardless of value, the property is stolen from the person of another or from a human
corpse or grave; Title 9. Offenses Against Public Order and Decency Chapter 42. Disorderly Conduct and Related Offenses Sec. 42.08. Abuse of Corpse (a) A person commits an offense if,
not authorized by law, he intentionally or knowingly: (1) disinters, disturbs, removes, dissects, in whole or in part, carries away, or treats in a seriously offensive manner a human
corpse; (2) conceals a human corpse knowing it to be illegally disinterred; (3) sells or buys a human corpse or in any way traffics in a human corpse; or (4) transmits or conveys, or
procures to be transmitted or conveyed, a human corpse to a place outside the state. (b) An offense under this section is a Class A misdemeanor. ATTORNEY GENERAL OPINIONS No. JC-0235,
Issued 6-22-00 Property dedicated as a cemetery must be used as a cemetery unless and until the dedication is removed. A permit from the Texas Department of Health is required to remove
remains from a cemetery to another, offsite location or to disturb remains in an unknown or abandoned cemetery in order to construct improvements on the property. A cemetery dedication
may be removed in an action under section 711.010 or 711.036 of the Health and Safety Code or in an action to abate a cemetery as a nuisance under section 711.007. I-85 TEXAS HISTORICAL
COMMISSION
No. JC-0355, Issued 3-14-01 The provisions in chapter 711 of the Health and Safety Code that refer broadly to cemeteries, as opposed to cemetery organizations, apply as a general matter
to the cemeteries dedicated in the late nineteenth century. Land dedicated as a cemetery under common law, as opposed to chapter 711, may be conveyed, but the conveyance may not interfere
with the land’s dedicated use. Section 711.041 requires the owner of a cemetery or private burial ground to provide reasonable public access for visiting purposes. LAWS OF TEXAS PERTAINING
TO MONUMENTS, MEMORIALS AND HISTORIC SITES GOVERNMENT CODE Chapter 443. State Preservation Board Sec. 443.0081. Historical Representation Advisory Committee (a) To ensure that the diverse
history of Texas is accurately represented in the Capitol Complex, the historical representation advisory committee shall provide guidance to the board on the addition of monuments to
the Capitol Complex. (k) The advisory committee shall: (1) collect information relating relating to each proposed monument to the Capitol Complex; and (2) in cooperation with the chair
of the history department at Prairie View A&M University, at The University of Texas at Austin, or at any other land grant university in the state, as determined by the committee, ensure
the: (A) historical accuracy of any proposed monument; and (B) equitable representation of all Texans, including African slaves, African Americans, Hispanic Americans, Native Americans,
women in Texas history, and Texans exemplifying military service and rural heritage in additional monuments to the Capitol Complex. (l) In this section, “monument” has the meaning assigned
by Section 443.015, as added by Chapter 1141, Acts of the 75th Legislature, Regular Session, 1997. I-86 TEXAS HISTORICAL COMMISSION
Subchapter K. Monuments, Memorials, and Historic Sites Chapter 2166 Sec. 2166.501. Monuments and Memorials (a) A monument or memorial for Texas heroes of the Confederate States of America
or the Texas War for Independence or to commemorate another event or person of historical significance to Texans and this state may be erected on land owned or acquired by the state
or, if a suitable contract can be made for permanent preservation of the monument or memorial, on private property or land owned by the federal government or other states. (b) The graves
of Texans described by Subsection (a) may be located and marked. (c) The commission shall maintain a monument or memorial erected by this state to commemorate the centenary of Texas’
independence. (d) Before the erection of a new monument or memorial, the commission must obtain the approval of the Texas Historical Commission regarding the form, dimensions, and substance
of, and inscriptions or illustrations on, the monument or memorial. Sec. 2166.5011. Removal, Removal, Relocation, or Alternation of a Monument or Memorial (a) In this section, “monument
or memorial” means a permanent monument, memorial, or other designation, including a statue, portrait, plaque, seal, symbol, building name, or street name, that: (1) is located on state
property; and (2) honors a citizen of this state for military or war-related service. (b) Notwithstanding any other provision of this code, a monument may be removed, relocated, or altered
only: (1) by the legislature; (2) by the Texas Historical Commission; (3) by the State Preservation Board; or (4) as provided by Subsection (c). (c) A monument or memorial may be removed,
relocated, or altered in a manner otherwise provided by this code as necessary to accommodate construction, repair, or improvements to the monument or memorial or to the surrounding
state property on which the monument or memorial is located. Any monument or memorial that is permanently removed under this subsection must be related to a prominent position. Sec.
2166.502. Contracts With Texas Historical Commission The commission may negotiate and contract with the Texas Historical Commission to assist and advise the commission with regard to
the: (1) proper monuments and memorials to be erected, repaired, or moved to new locations; I-87 TEXAS HISTORICAL COMMISSION
(2) selection of sites for those monuments and memorials; and (3) locating and marking of graves. Sec. 2166.503. Acquisition of Archaeological, Paleontological, and Historic Sites (a)
The commission may acquire by gift, devise, purchase, or exercise of its general power of eminent domain land in this state on which is located: (1) a building, site, or landmark of
statewide historical significance associated with historic events or personalities; (2) a prehistoric ruin; (3) a burial ground; (4) an archaeological site; (5) a vertebrate paleontological
site; or (6) a site containing fossilized footprints, an inscription made by human agency, or another archaeological, paleontological, or historic feature. (b) For a historic site, building,
or structure, the commission may exercise the power of eminent domain under Subsection (a) only on a proper showing that the exercise is necessary to prevent destruction or deterioration
of the historic site, building, or structure. (c) The commission may request from the Texas Historical Commission a certification or authentication of the worthiness of preservation
of a feature listed in Subsection (a). TEXAS GOVERNMENT CODE Chapter 442. Texas Historical Commission Sec. 442.006. State Historical Marker Program (a) The commission shall give direction
and coordination to the state historical marker program. (b) The commission shall install markers recognizing districts, sites, individuals, events, structures, and objects significant
in Texas or American history, architecture, archeology, or culture and shall keep a register of those markers. (c) To assure a degree of uniformity and quality of historical markers,
monuments, and medallions in this state, the commission shall review and approve or reject the final form or dimensions of or text or illustrations on any marker, monument, or medallion
before its fabrication by the state or by a county, county historical commission, incorporated city, individual, or organization in this state. The commission shall designate an approved
marker as an Official Texas Historical Marker. (d) The commission shall designate any structure receiving the Official Texas Historical Building Medallion as a Recorded Texas Historic
Landmark that is considered worthy of preservation because of its history, culture, or architecture. I-88 TEXAS HISTORICAL COMMISSION
(e) The commission by rule may establish a reasonable fee to recover its costs arising from review of a proposal for a historical marker, monument, or medallion. Any fee established
is payable by the applicant for the marker, monument, or medallion. (f) A person may not damage the historical or architectural integrity of a structure the commission has designated
as a Recorded Texas Historic Landmark without notifying the commission at least 60 days before the date on which the action causing the damage is to begin. After receiving the notice,
the commission may waive the waiting period or, if the commission determines that a longer period will enhance the chance for preservation, it may require an additional waiting period
of not longer than 30 days. On the expiration of the time limits imposed by this section, the person may proceed, but must proceed not later than the 180th day after the date on which
notice was given or the notice is considered to have expired. (g) This chapter does not authorize the commission to review or determine the placement or location of an object in or on
a Recorded Texas Historic Landmark if the placement or location does not result in substantial structural change or damage to the landmark. Sec. 442.0065. Guide to Historical Markers
(a) In this section, “department” means the Texas Department of Transportation. (b) The department, in consultation with the commission, shall publish a guide to historical markers along
roadways in this state that includes: (1) a listing of the historical markers along roadways with identifying numbers assigned to each marker by the department; and (2) a summary of
the information on each marker. (c) For each historical marker, the department shall erect and maintain, if practicable, signs informing users of the roadway of the marker and indicating
the identifying number of the marker. The department shall erect a sign under this subsection approximately one mile preceding the historical marker if that placement is practicable.
(d) The department shall use information from the commission’s Texas historical roadside marker restoration program and the state historical marker program under Section 442.006 in creating
the guide to historical markers under Subsection (b). (e) The department shall make available to the public the guide published under Subsection (b) at a reasonable price determined
by the department. Revenue from sales of the guide shall be deposited to the credit of the state highway fund and is exempt from the application of Section 403.095. (f) The department
shall work with the commission to ensure that there is no duplication between publications currently available through the commission or other sources. I-89 TEXAS HISTORICAL COMMISSION
PARKS & WILDLIFE CODE Chapter 13 Sec. 13.005. Acquisition of historical sites. (a) The department may acquire by purchase, gift, or other manner historical sites: (1) where events occurred
that represent an important aspect of the cultural, political, economic, military, or social history of the nation or state; (2) significantly associated with the lives of outstanding
historic persons or with an important event that represents a great ideal or idea; (3) embodying the distinguishing characteristics of an architectural type which is inherently valuable
for study of a period, style, or method of construction; (4) that contributes significantly to the understanding of aboriginal man in the nation or state; or (5) that is of significant
geologic interest relating to prehistoric animal or plant life. (b) The department shall restore and maintain each historical site acquired under this section for the benefit of the
general public. The department may enter into interagency contracts for this purpose. (c) The department shall formulate plans for the preservation and development of historical sites.
Before formulating a plan for a specific site, the department shall conduct an archeological survey of the site. In formulating plans, the department shall: (1) consider the results
from the archeological survey for the site if the plan is for a specific site; (2) consider the resources necessary to manage a site; and (3) meet with and consider comments made by
the Texas Historical Commission. (d) The department and the Texas Historical Commission shall a joint panel to establish criteria for determining whether a site is of statewide significance
under Subsection (a) and to the continuity of a historic sites program. Sec. 13.0051. Coordination with Texas Historical Commission; Report on Preservation Plans. The department shall
meet regularly with the Texas Historical Commission regarding plans to preserve develop historical sites in this state. Sec. 13.0052. Reports. The department shall periodically prepare
reports on plans to preserve and develop historical sites in this state. I-90 TEXAS HISTORICAL COMMISSION
Sec. 13.0053. Reference to Historical Sites. (a) In this section, “publication” includes the publication of a book, magazine, photograph, poster, or bulletin. (b) The department may
not refer to a historical site as a “historical park”: (1) in a department publication; or (2) on a department marker or sign. Sec. 13.010. Historic Sites. The department may locate,
designate, and suitably mark historic grounds, battlefields, and other historic spots in Texas as historic sites. Fitting markers may be erected; however, no expense may be incurred
in the name of the state for this project. TAX EXEMPTIONS RELATED TO CULTURAL RESOURCES TEXAS TAX CODE Chapter 11. Taxable property and exemptions Sec. 11.17. Cemeteries A person is
entitled to an exemption from taxation of the property he owns and uses exclusively for human burial and does not hold for profit. Sec. 11.24. Historic Sites The governing body of a
taxing unit by official action of the body adopted in the manner required by law for official actions may exempt from taxation part or all of the assessed value of a structure or archeological
site and the land necessary for access to and use of the structure or archeological site, if the structure or archeological site is: (1) designated as a Recorded Texas Historic Landmark
under Chapter 442, Government Code, or a state archeological landmark under Chapter 191, Natural Resources Code, by the Texas Historical Commission; or (2) designated as a historically
or archeologically significant site in need of tax relief to encourage its preservation pursuant to an ordinance or other law adopted by the governing body of the unit. I-91 TEXAS HISTORICAL
COMMISSION
LOCAL GOVERNMENT CODE Sec. 318.012. Historic Site Tax Exemption. (a) The commissioners court may establish a program under which the [county historical] commission: (1) receives and
reviews applications that are filed with the county and that request a property tax exemption under Section 11.24, Tax Code; and (2) recommends to the commissioners court whether to
grant the exemption and, if the grant of the exemption is recommended, how much of the property’s assessed value should be exempt from taxation. (b) The commission may examine the property
that is granted the exemption on recommendation of the commission and recommend to the commissioners court whether the exemption should be withdrawn because of changed circumstances
involving the property. (c) A person is entitled to appear before the commissioners court and state any objections to a recommendation made by the commission under this section regarding
property owned by the person. (d) The commissioners court may require a person whose property is granted the exemption to notify the commission of any plans the person may have to modernize
the property or change it in any other manner. ATTORNEY GENERAL OPINION No. 97-039, Issued 4-24-97 Section 11.24 of the Tax Code, which authorizes taxing units to exempt from taxation
part or all of the assessed value of a historic site, does not permit a freeze on the amount of taxes payable on a historic site as of the date the exemption was granted or any other
date, but it does permit the exemption of a specific percentage of the assessed value of the property or a fixed dollar amount of the assessed value. TEXAS ADMINISTRATIVE CODE Title
34, Part 1, Chapter 3, Subchapter O, Rule §3.357(c)(4) (4) An exemption certificate may be issued for the labor involved in remodeling, restoring, or repairing buildings listed in the
National Register of Historic Places. An organization exempted under the Tax Code, §151.309 or §151.310, may issue an exemption certificate if the repair, restoration, or remodeling
appears reasonably reasonably related to the exempt purpose of the organization. See §3.322 of this title (relating to Exempt Organizations). I-92 TEXAS HISTORICAL COMMISSION
Appendix II Preservation Resources CONTENTS Statewide Plan Objectives and Strategies ..................................................................................2 Texas in World
War II ..............................................................................................................7 National Historic Landmarks in Texas ...........................................
........................................15 Secretary of the Interior’s Standards for the Treatment of Historic Properties .........................18 Protecting Historic Properties:
A Citizen’s Guide to Section 106 .............................................22 Texas Historical Commission Publications List ......................................................................31
II-1
STATEWIDE PLAN OBJECTIVES AND STRATEGIES As referenced in Section 3 and throughout the handbook, here follow the objectives and strategies for each of the goals in the statewide plan.
The full document, Preserving our Heritage: A Statewide Plan for Texas is available online on the Texas Historical Commission (THC) web site, and hard copies may be obtained by contacting
the THC’s Marketing Communications Division. GOAL 1: LEADERSHIP/TEAMBUILDING Develop and sustain exceptional leadership qualities in both public and private preservation organizations
in the State of Texas Objective 1:1 Motivate and assist the leadership of local, regional and statewide preservation organizations to enhance leadership skills Strategy 1:1:1 Recruit
local preservation groups to participate in the Visionaries in Preservation Program and education and training efforts Strategy 1:1:2 Provide training in organizational development for
local groups (landmark commissions, county historical commissions, certified local governments, societies, etc.) Strategy 1:1:3 Train and equip the THC commissioners and staff to maximize
their effectiveness Objective 1:2 Broaden the diversity of the preservation community Strategy 1:2:1 Encourage local and state preservation organizations to develop culturally diverse
memberships and programs Strategy 1:2:2 Encourage diversity in preservation conferences, programs, workshops/training and partner organizations Strategy 1:2:3 Create opportunities to
involve minorities in volunteer and professional activities and opportunities in the preservation community Strategy 1:2:4 Develop strategies to attract younger participants in preservation
organizations and activities Objective 1:3 Identify and cultivate networks and partnerships to further the cause of historic preservation II-2 TEXAS HISTORICAL COMMISSION
Strategy 1:3:1 Identify, visit and educate key groups and individuals who impact historic preservation efforts Strategy 1:3:2 Facilitate local and regional meetings of preservation organizations’
leadership aimed at developing formalized working partnerships and network Strategy 1:3:3 Develop partnerships with key state agencies involved in programs that affect local communities
(particularly rural communities), counties and large metropolitan areas Strategy 1:3:4 Identify and facilitate networking opportunities among preservation professionals, both individually
and through membership organizations GOAL 2: VISION/PLANNING Advocate a preservation vision at state, regional and local
levels Objective 2:1 Formalize the preservation vision through a statewide plan Strategy 2:1:1 Develop and regularly update the statewide plan Strategy 2:1:2 Widely distribute the statewide
plan Strategy 2:1:3 Provide meaningful opportunities for public input and feedback on the statewide plan Objective 2:2 Foster the creation of of a local vision that links to the statewide
plan Strategy 2:2:1 Promote the development of preservation plans in partner organizations that incorporate appropriate elements of the statewide vision/plan Objective 2:3 Empower communities
to develop a local vision and plan for preservation Strategy 2:3:1 Encourage communities to participate in the Visionaries in Preservation Program Strategy 2:3:2 Create materials that
will assist communities in developing preservation plans Objective 2:4 Strengthen the link between preservation and broader planning considerations at the state, regional and local levels
Strategy 2:4:1 Increase communication between preservation and planning organizations Strategy 2:4:2 Increase awareness of preservation’s role in planning, land use and growth management
II-3 TEXAS HISTORICAL COMMISSION
GOAL 3: EDUCATION/AWARENESS Create a statewide awareness, appreciation and effective utilization of historic preservation Objective 3:1 Develop a heightened understanding of the overall
value of historic preservation Strategy 3:1:1 Identify key constituencies to target for preservation education Strategy 3:1:2 Maximize the use and usefulness of the Internet as a preservation
communication tool Strategy 3:1:3 Make the Medallion available to all Texas preservation partners Strategy 3:1:4 Develop outreach tools Objective 3:2 Broaden the historic preservation
constituency in Texas Strategy 3:2:1 Emphasize heritage education in schools and involve teachers K–12 Strategy 3:2:2 Broaden appreciation of diversity of historic resources Strategy
3:2:3 Foster a sense of community stewardship of historic resources Strategy 3:2:4 Identify and educate key constituent groups and decision makers (such as elected officials, public
officials) who affect the preservation of historic resources Strategy 3:2:5 Identify and form partnerships with colleges and universities that have preservation programs and coursework
Objective 3:3 Assist preservation customers in the effective use of preservation tools Strategy 3:3:1 Maximize the use and effectiveness of Internet-related tools (such as the Atlas,
THC web site, intranet) Strategy 3:3:2 Develop and deliver effective preservation “tool kits” and make available on THC web site Strategy 3:3:3 Increase the awareness and understanding
of effective preservation tools Strategy 3:3:4 Create a restoration information resource center and make available on THC web site Objective 3:4 Create an understanding of historic preservation
as an economic development tool Strategy 3:4:1 Identify and train key groups on the economic impact of historic preservation in Texas Strategy 3:4:2 Promote the understanding and use
of heritage tourism II-4 TEXAS HISTORICAL COMMISSION
GOAL 4: RESOURCE IDENTIFICATION, PRESERVATION AND INTERPRETATION Expand and enhance efforts to identify, preserve and interpret historic resources Objective 4:1 Facilitate the consistent
identification of historic resources statewide Strategy 4:1:1 Evaluate the current status of survey work throughout the state, assess the quality of those surveys and develop priorities
for where work needs to be done Strategy 4:1:2 Develop an endangered properties “hit list” Strategy 4:1:3 Identify significant cultural resources that may be adversely affected by development
projects through continued review and compliance work with federal and state agencies and political subdivisions of the state Objective 4:2 Develop new and enhance existing strategies/tools
for historic resources Strategy 4:2:1 Develop new programs to enhance historic preservation Strategy 4:2:2 Develop, enhance and maintain preservation assistance Strategy 4:2:3 Develop
and strengthen the programs for heritage tourism in Texas, including the Texas Heritage Trails Program Strategy 4:2:4 Be proactive in seeking and developing historical designations for
underrepresented cultural topics and resources Strategy 4:2:5 Develop policies and strategies to improve preservation and protection of state-owned historic properties Objective 4:3
Improve the understanding of historic resources through better interpretive efforts Strategy 4:3:1 Enhance existing and develop new programs and resources for museums and other interpretative
sites Strategy 4:3:2 Enhance existing and develop new programs and facilities to improve the visitor experience at the Sam Rayburn House Museum Strategy 4:3:3 Develop and disseminate
policies for key preservation issues Strategy 4:3:4 Encourage cultural sensitivity in site interpretation Objective 4:4 Develop marketing communications strategies to promote historic
resources Strategy 4:4:1 Create new and enhance existing outreach materials and implement strategic delivery systems to publicize key messages II-5 TEXAS HISTORICAL COMMISSION
Strategy 4:4:2 Use major archeological field projects and major building restorations to interpret for public benefit through publications, media, museum exhibits and other sources that
promote heritage tourism Objective 4:5 Use economic incentives to promote historic preservation Strategy 4:5:1 Apply economic strategies for the appropriate development of historic resources
by promoting knowledge and use of economic incentives/strategies GOAL 5: RESOURCE DEVELOPMENT Develop and secure fiscal and human resources to accomplish preservation in Texas Objective
5:1 Secure increased funding for preservation efforts at all levels Strategy 5:1:1 Identify new alternative revenue streams during biennium (FY 2001–02) Strategy 5:1:2 Identify and develop
sources for increased local funding for preservation organizations Strategy 5:1:3 Develop a state matching grants program for county historical commissions Strategy 5:1:4 Increase funding
for the THC Strategy 5:1:5 Increase Friends funding to support THC operations Objective 5:2 Maximize the return-on-investment for the appropriate use of historic resources Strategy 5:2:1
Where appropriate, leverage THC grants for maximum match and effectiveness Strategy 5:2:2 Seek partnerships in fund management through combined assets Objective 5:3 Use “time” resources
most efficiently (volunteers, staff, commissioners etc.) Strategy 5:3:1 Assign field services/education coordinator to volunteer management, assisting/training others and accomplishing
agency’s own projects Strategy 5:3:2 Provide time-management training for staff and commissioners Objective 5:4 Improve professional effectiveness through appropriate compensation to
all preservationists Strategy 5:4:1 Address salary issues for THC staff Strategy 5:4:2 Address salary issues for partnership organizations/institutions II-6 TEXAS HISTORICAL COMMISSION
TEXAS IN WORLD WAR II This list of sites, events and subjects in Texas related solely or primarily to World War II was referenced in Section 4 of the handbook in a discussion of specialized
survey projects. It is not comprehensive, but representative of the type of recognition given to the Second World War and its participants. Please keep in mind the following items that
may not specifically appear: local historical commissions, historical societies, libraries, archives and museums housing small collections of World War II-related materials; monuments
to war dead located on county courthouse grounds; cemeteries containing veterans’ remains; historical markers with subtle connections to World War II-related persons or activities. Also,
the Texas Historical Commission’s (THC) Archeology Division maintains a number of research files pertaining to World War II sites. TOTALS Official Texas Historical Markers (marker) ..................
........................................................ 87 Museums ..............................................................................................................................
36 Monuments .......................................................................................................................... 14 National Register of Historic Places (NR) ..................
............................................................ 5 Recorded Texas Historic Landmarks (RTHL) ........................................................................ 8 State
Archeological Landmarks (SAL) .................................................................................... 2 National Historic Landmarks (NHL) ................................................
..................................... 3 World War II Offshore Shipwrecks ......................................................................................... 2 Number of counties
with World War II sites in this survey .................................................. 73 KEY WWII: World War II POW: Prisoner of War U.U.S.O.: United States Organizations Note: Some
marker titles and site names have been abbreviated or changed to fit the above key for this compilation. LIST BY COUNTY Aransas Aransas County Airport (marker) Rockport Texas Maritime
Museum Rockport II-7 TEXAS HISTORICAL COMMISSION
Armstrong Charles Howard Roan (marker) Claude Bastrop Camp Swift (marker) Elgin Bee NAS Chase Field (NR) Bell Lt. Gen. Andrew Davis Bruce (marker) Fort Hood First Cavalry Division (marker)
Fort Hood U.S. Army Second Armored Division (marker) Fort Hood Fourth Infantry Division Museum Fort Hood First Cavalry Division Museum Fort Hood Bexar Fort Sam Houston Quadrangle (RTHL)
San Antonio Kelly #2 Flight Line (marker) San Antonio Kelly Air Force Base (marker) San Antonio Stinson Airport (marker) San Antonio Museum of Aerospace Medicine San Antonio U.S. Army
Medical Department Museum Fort Sam Houston Fort Sam Houston Museum Fort Sam Houston USAF Security Police Museum Lackland AFB Air Education and Training Command Museums Randolph AFB Texas
Air Museum — Stinson Chapter San Antonio Audie Murphy Statue San Antonio Fort Sam Houston (NHL) San Antonio Randolph Field (NHL) San Antonio U.S. San Antonio Arsenal (NR) San Antonio
Brown Site of WWII Camp Bowie (marker) Brownwood 36th Infantry Division (monument) Brownwood Cameron Fort Brown Cavalry Barracks (RTHL) Brownsville Texas Air Museum—Headquarters Rio
Hondo Iwo Jima War Memorial (monument) Harlingen Castro POW Camp Chapel (RTHL) Hereford II-8 TEXAS HISTORICAL COMMISSION
Collin Site of WWII POW Camp (marker) Princeton Cooke Camp Howze (marker) Gainesville Dallas Grand Prairie Airfield (U.S. Navy Flight Training) (marker) Grand Prairie Hensley Field (marker)
Grand Prairie Pike Park (marker) Dallas Temple Emanu-El Cemetery (marker) Dallas Dallas Memorial Center for Holocaust Studies Dallas (Dallas Jewish Community Center) Deaf Smith POW Camp
Chapel (marker) Hereford Denton Hangar 10 Flying Museum Denton DeWitt Brayton Flying School (marker) Cuero Leonard Roy Harmon (marker) Cuero El Paso El Paso Holocaust Museum & Study
Center El Paso U.S. Army Museum of the NCO Fort Bliss U.S. Army Air Defense Artillery Museum Fort Bliss Fort Bliss Main Post (NR) Fort Bliss Ellis Jack Lummus (marker) Ennis Fort Bend
Military and Space Museum (organizing) Sugar Land Freestone William Boyd, Jr. (marker) Teague Galveston Camp Wallace (marker) Hitchcock The Rt. Rev. Monsignor Marius Etienne Chataignon
(marker) Galveston Fort Travis (marker) Port Bolivar U.S. Naval Air Station (Blimp Base) (marker) Hitchcock II-9 TEXAS HISTORICAL COMMISSION
Seawolf Park — USS Cavalla (museum) Galveston Lone Star Flight Museum & Texas Aviation Hall of Fame Galveston Fort Travis Seashore Park (interpretive exhibit) Galveston Gillespie Admiral
C.W. Nimitz Birthplace (RTHL) Fredericksburg National Museum of the Pacific War (Admiral Nimitz Museum) Fredericksburg Admiral Nimitz Museum (SAL) Fredericksburg Gray Site of Pampa Army
Air Force Base (marker) Pampa WWII POW Camp at McLean (marker) McLean Freedom Museum at Pampa Army Airfield Pampa McLean-Alanreed Area Museum McLean Grayson Austin College (marker) Sherman
Eisenhower Birthplace (RTHL) Denison Perrin Air Force Base (marker) Sherman Eisenhower Birthplace State Historic Site Denison Gregg Big Inch Pipeline (marker) Longview Harmon General
Hospital Chapel (RTHL) Longview Served with Honor (monument) Longview Harris Houston Light Guard (marker) Houston Humble Oil & Refining Company (marker) Baytown Military Museum of Texas
Houston Battleship TEXAS Museum La Porte Battleship TEXAS (SAL) (NHL) La Porte U.S. Submariners in WWII (monument) La Porte Haskell Veterans Memorial Monument Rule Hays The Calaboose
(served as U.S.O. center) (RTHL) San Marcos Hidalgo Moore Field (marker) Mission II-10 TEXAS HISTORICAL COMMISSION
Hill Texas Heritage Museum Hillsboro Howard Hangar 25 Air Museum Big Spring Hunt Gen. Claire Chennault Birthplace (marker) Commerce Majors Army Airfield (marker) Greenville Audie Murphy
(marker) Celeste Birthplace of Audie Murphy (marker) Kingston Jack Battery F of WWII’s Lost Battalion (marker) Jacksboro Jefferson Site of WWII POW Camp (China Branch) (marker) China
Kaufman Terrell Heritage Museum Terrell Kendall Those Who Died in Military Service (monument) Boerne Roeder Monument Boerne Kerr Schreiner College (marker) Kerrville Kinney Fort Clark
(marker) Fort Clark Springs Old Guardhouse Museum, Fort Clark Brackettville Kleberg Kingsville Cotton Mill (marker) Kingsville Lamar Camp Maxey (marker) Paris Lubbock Reese Air Force
Base (marker) Lubbock Texas Air Museum — Caprock Chapter Slaton Matagorda Bay City U.S.O. Building (RTHL) Bay City Site of Camp Hulen (marker) Palacios Matagorda County War Memorial
(monument) Bay City II-11 TEXAS HISTORICAL COMMISSION
Maverick Fort Duncan Infantry Barracks (marker) Eagle Pass McCulloch Curtis Airfield (marker) Brady McLennan Central Texas Baptist Sanitarium (marker) Waco Doris Miller (marker) Waco
Midland Site of Old Midland Army Flying School (marker) Midland American Airpower Heritage Museum Midland Milam George Sessions Perry (marker) Rockdale Morris Senator Morris Sheppard
(marker) Naples Nacogdoches Stephen F. Austin State Teachers Coll. During WWII (marker) Nacogdoches Women’s Army Corps School (marker) Nacogdoches Navarro Air Activities of Texas (marker)
Corsicana American Well and Prospecting Company (marker) Corsicana Oil City Iron Works (marker) Corsicana WWII Veterans from Blooming Grove (monument) Blooming Grove Nolan Site of U.S.
Army Air Corps Plane Crash (marker) Sweetwater W.A.S.P. (marker) Sweetwater Avenger Field W.A.S.P. Base (marker) Sweetwater Women Airforce Service Pilots (marker) Sweetwater Nueces General
W.W. Sterling (marker) Corpus Christi Ward Island (marker) Corpus Christi USS Lexington — Museum on the Bay Corpus Christi Orange Launching of the U.S.S. Aulick (marker) Orange Site
Of WWII POW Camp (marker) Orange Navy Park (NR) Orange II-12 TEXAS HISTORICAL COMMISSION
Palo Pinto Old Camp Wolters (marker) Mineral Wells Parker Jack Llewellyn Knight (marker) Weatherford Potter Ernest O. Thompson (marker) Amarillo Presidio Fort D.A. Russell (marker) Marfa
Randall Randall County WWII Memorial (marker) Canyon Scurry Company G (marker) Snyder Smith Camp Fannin (marker) Tyler Somervell Somervell County Veterans (marker) Glen Rose Stephens
Breckenridge Aviation Museum Breckenridge Swisher Harmon-Toles Elevator (marker) Happy Tarrant Ahavath Sholom Hebrew Cemetery (marker) Fort Worth Lawrence Clifton Elliott (marker) Fort
Worth Taylor 12th Armored Division (marker) Abilene 45th Infantry Division at Camp Barkeley (marker) Abilene Cornelia Clark Fort (marker) Merkel Travis Texas Military Forces Museum Austin
Camp Mabry (NR) (marker) Austin Veterans of the 36th Infantry (monument) (Capitol) Austin Pearl Harbor (monument) (Capitol) Austin Disabled American Veterans of Texas (monument) (Capitol)
Austin II-13 TEXAS HISTORICAL COMMISSION
Uvalde USS Uvalde (marker) Uvalde Val Verde Military Aviation in Val Verde Co. (marker) Del Rio Walker H.E.A.R.T.S. Veterans Museum Huntsville (Helping Every American Remember Through
Serving) Ward Rattlesnake Bomber Base (marker) Monahans Rattlesnake Bomber Base Museum Pyote Wharton Site Of WWII POW Camp (marker) Wharton Wichita Kell Field Air Terminal (RTHL) Wichita
Falls Lost Battalion (marker) Wichita Falls Wise Gen. Ernest O. Thompson (marker) Alvord Zavala WWII Concentration Camp 1943–1946 (monument) Crystal City Offshore The Oaxaca, a Mexican
freighter, torpedoed by a U-Boat in 1942 while en route from New Orleans to Tampico. Currently being investigated as a potential offshore dive park. Liberty ship John Worthington, 400-foot
oil tanker, torpedoed off the Yucatan Peninsula in 1943, but remained afloat. Sold for scrap and scuttled in the Lydia Ann Channel at Aransas Pass in March 1944. II-14 TEXAS HISTORICAL
COMMISSION
NATIONAL HISTORIC LANDMARKS IN TEXAS National Historic Landmarks (NHL) are nationally significant historic places designated by the Secretary of the Interior because they possess exceptional
value or quality in illustrating or interpreting the heritage of the United States (see Section 4 for more information). Here follows a list by county of the 45 Texas properties designated
as NHLs. Name Closest City Armstrong County J A Ranch Palo Duro Bastrop County Bastrop State Park Bastrop Bexar County Alamo San Antonio Espada Aqueduct San Antonio Fort Sam Houston
San Antonio Hangar 9, Brooks Air Force Base San Antonio Majestic Theatre San Antonio Mission Concepción San Antonio Randolph Field Historic District San Antonio Spanish Governor’s Palace
San Antonio Blanco County Lyndon Baines Johnson Boyhood Home Johnson City Cameron County Fort Brown Brownsville Palmito Ranch Battlefield Brownsville Palo Alto Battlefield Brownsville
Resaca de la Palma Battlefield Brownsville Dallas County Dealy Plaza Historic District Dallas Fair Park Texas Centennial Buildings Dallas Highland Park Shopping Village Highland Park
Fannin County Samuel T. Rayburn House Bonham II-15 TEXAS HISTORICAL COMMISSION
Galveston County East End Historic District Galveston ELISSA (bark) Galveston Strand Historic District Galveston Gillespie County HA. 19 (Midget Submarine) Fredericksburg Goliad County
Presidio Nuestra Señora de Loreto de la Bahía Goliad Hale County Plainview Site Plainview Harris County Apollo Mission Control Center Houston San Jacinto Battlefield Houston Space Environment
Simulation Laboratory Houston TEXAS (USS) Houston Jack County Fort Richardson Jacksboro Jeff Davis County Fort Davis Fort Davis Jefferson County Lucas Gusher, Spindletop Oil Field Beaumont
Kaufman County Porter Farm Terrell Kenedy, Kleberg, Nueces and Willacy counties King Ranch Kingville Lubbock County Lubbock Lake Site Lubbock Oldham County Landergin Mesa Vega Starr
County Roma Historic District Roma Tom Green County Fort Concho San Angelo II-16 TEXAS HISTORICAL COMMISSION
Travis County Governor’s Mansion Austin Texas State Capitol Austin Uvalde County John Nance Garner House Uvalde Walker County Woodland Huntsville Young County Fort Belknap Graham Harrell
Site South Bend Zapata County Treviño-Uribe Rancho San Ygnacio Source: National Park Service, Washington, D.C., www.cr.nps.gov/nhl February 2002 II-17 TEXAS HISTORICAL COMMISSION
II-18 TEXAS HISTORICAL COMMISSION SECRETARY OF THE INTERIOR’S STANDARDS FOR THE TREATMENT OF HISTORIC PROPERTIES (1995) Rooted in more than 120 years of preservation ethics in both Europe
and America, The Secretary of the Interior’s Standards for the Treatment of Historic Properties are commonsense principles in non-technical language. They were developed to help protect
our nation’s irreplaceable cultural resources by promoting consistent preservation practices. The Standards may be applied to all property types: buildings, sites, structures, objects
and districts. It should be understood that the Standards are a series of concepts about maintaining, repairing and replacing historic materials, as well as designing new additions or
making alterations; as such, they cannot, in and of themselves, be used to make essential decisions about which features of a historic property should be saved and which might be changed.
But once an appropriate treatment is selected, the Standards provide philosophical consistency to the work. The four treatment approaches, outlined below in hierarchical order and explained,
are: n Preservation n Rehabilitation n Restoration n Reconstruction The first treatment, Preservation, places a high premium on the retention of all historic fabric through conservation,
maintenance and repair. It reflects a building’s continuum over time, through successive occupancies, and the respectful changes and alterations that are made. Standards for Preservation
1. A property will be used as it was historically, or be given a new use that maximizes the retention of distinctive materials, features, spaces, and spatial relationships. Where a treatment
and use have not been identified, a property will be protected and, if necessary, stabilized until additional work may be undertaken. 2. The historic character of a property will be
retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces, and spatial relationships that characterize a property will will
be avoided. 3. Each property will be recognized as a physical record of its time, place, and use. Work needed to stabilize, consolidate, and conserve existing historic materials and
features will be physically and visually compatible, identifiable upon close inspection, and properly documented for future research. 4. Changes to a property that have acquired historic
significance in their own right will be retained and preserved.
5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. 6. The existing condition of historic
features will be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature,
the new material will match the old in composition, design, color, and texture. 7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible.
Treatments that cause damage to historic materials will not be used. 8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation
measures will be undertaken. Rehabilitation, the second treatment, emphasizes the retention and repair of historic materials, but more latitude is provided for replacement because it
is assumed the property is more deteriorated prior to work. (Both Preservation and Rehabilitation standards focus attention on the preservation of those materials, features, finishes,
spaces, and spatial relationships that, together, give a property its historic character.) Standards for Rehabilitation 1. A property will be used as it was historically or be given
a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships. 2. The historic character of a property will be retained and preserved.
The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided. 3. Each property will be recognized as
a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties,
will not be undertaken. 4. Changes to a property that have acquired historic significance in their own right will be retained and preserved. 5. Distinctive materials, features, finishes,
and construction techniques or examples of craftsmanship that characterize a property will be preserved. 6. Deteriorated historic features will be repaired rather than replaced. Where
the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement
of missing features will be substantiated by documentary and physical evidence. 7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible.
Treatments that cause damage to historic materials will not be used. 8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation
measures will be undertaken. 9. New additions, exterior alterations, or related new construction will not destroy historic II-19 TEXAS HISTORICAL COMMISSION
materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features,
size, scale and proportion, and massing to protect the integrity of the property and its environment. 10. New additions and adjacent or related new construction will be undertaken in
a such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. Restoration, the third treatment, focuses
on the retention of materials from the most significant time in a property’s history, while permitting the removal of materials from other periods. Standards for Restoration 1. A property
will be used as it was historically or be given a new use which reflects the property’s restoration period. 2. Materials and features from the restoration period will be retained and
preserved. The removal of materials or alteration of features, spaces, and spatial relationships that characterize the period will not be undertaken. 3. Each property will be recognized
as a physical record of its time, place, and use. Work needed to stabilize, consolidate and conserve materials and features from the restoration period will be physically and visually
compatible, identifiable upon close inspection, and properly documented for future research. 4. Materials, features, spaces, and finishes that characterize other historical periods will
be documented prior to their alteration or removal. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize the restoration
period will be preserved. 6. Deteriorated features from the restoration period will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive
feature, the new feature will match the old in design, color, texture, and, where possible, materials. 7. Replacement of missing features from the restoration period will be substantiated
by documentary and physical evidence. A false sense of history will not be created by adding conjectural features, features from other properties, or by combining features that never
existed together historically. 8. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials
will not be used. 9. Archeological resources affected by a project will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
10. Designs that were never executed historically will not be constructed. Reconstruction, the fourth treatment, establishes limited opportunities to re-create a non-surviving site,
landscape, building, structure, or object in all new materials. II-20 TEXAS HISTORICAL COMMISSION
II-21 TEXAS HISTORICAL COMMISSION Standards for Reconstruction 1. Reconstruction will be used to depict vanished or non-surviving portions of a property when documentary and physical
evidence is available to permit accurate reconstruction with minimal conjecture, and such reconstruction is essential to the public understanding of the property. 2. Reconstruction of
a landscape, building, structure, or object in its historic location will be preceded by a thorough archeological investigation to identify and evaluate those features and artifacts
which are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures will be undertaken. 3. Reconstruction will include measures to preserve any
remaining historic materials, features, and spatial relationships. 4. Reconstruction will be based on the accurate duplication of historic features and elements substantiated by documentary
or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. A reconstructed property will re-create
the appearance of the non-surviving historic property in materials, design, color, and texture. 5. A reconstruction will be clearly identified as a contemporary re-creation. 6. Designs
that were never executed historically will not be constructed. Source: National Park Service, Washington, D.C., www2.cr.nps.gov/TPS/secstan1.htm#intro
II-22 TEXAS HISTORICAL COMMISSION PROTECTING HISTORIC PROPERTIES: A CITIZEN’S GUIDE TO SECTION 106 REVIEW Excerpted directly from The Advisory Council on Historic Preservation web site,
www.achp.gov/citizensguide.html INTRODUCTION Proud of your heritage? Value the things that reflect your community’s history? You should know about Section 106 review, an important tool
you can use to influence Federal decisions. By law, you have a voice when Federal actions will affect properties that qualify for the National Register of Historic Places, the Nation’s
official list of historic properties. This guide from the Advisory Council on Historic Preservation, the Federal agency charged with historic preservation leadership within the Federal
Government, will help you make your voice heard. Each year, the Federal Government is involved in a variety of projects that impact historic properties. For example, the Federal Highway
Administration works with States on road improvements, the Department of Housing and Urban Development grants funds to cities to rebuild communities, and the General Services Administration
builds and leases Federal office space. Agencies like the Forest Service, the National Park Service, the Bureau of Land Management, the Department of Veterans Affairs, and the Defense
agencies make decisions daily about the management of Federal buildings, parks, forests, and lands. Less obvious Federal actions can also have repercussions on historic properties. A
Corps of Engineers permit to build a boat dock or a housing development that affects wetlands may also impact fragile archeological sites. Likewise, a Federal Communications Commission
license for cellular tower construction might compromise rural landscapes or properties valued by Indian tribes for traditional religious or cultural practices. These and many other
Federal actions can harm historic properties. Section 106 review is your opportunity to alert the Federal Government to the properties you value and to influence decisions about the
Federal projects that affect them. WHAT IS SECTION 106 REVIEW? In the National Historic Preservation Act (NHPA), Congress established a comprehensive program to preserve the historical
and cultural foundations of the Nation as a living part of community life. Section 106 of NHPA is crucial to that program, because it requires consideration of historic preservation
in the multitude of Federal actions that take place nationwide. Section
106 requires Federal agencies to consider the effects of their actions on historic properties and provide the Council an opportunity to comment on Federal projects prior to implementation.
Section 106 review encourages, but does not mandate, preservation. Sometimes there is no way for a needed project to proceed without harming historic properties. Section 106 review does,
however, ensure that preservation values are factored into Federal agency planning and decisions. Because of Section 106, Federal agencies must assume responsibility for the consequences
of their actions and be publicly accountable for their decisions. UNDERSTANDING SECTION 106 REVIEW Regulations issued by the Council guide Section 106 review, specifying actions Federal
agencies must take to meet their legal obligations. The regulations are published in the Code of Federal Regulations at 36 CFR Part 800 and can be found on the Council’s Web site at
www.achp.gov/regs.html. Federal agencies are responsible for initiating Section 106 review, review, most of which takes place between the agency and State and tribal officials. Appointed
by the governor, the State Historic Preservation Officer (SHPO) coordinates the State’s historic preservation program and consults with agencies during Section 106 review. Agencies also
consult with officials of federally recognized Indian tribes (herewith, “tribe”) when tribal lands or historic properties of significance to such tribes are involved. Some tribes have
officially designated Tribal Historic Preservation Officers (THPOs), while others designate representatives to consult with agencies as needed. Contact information appears on the final
pages of this guide. To successfully complete Section 106 review, Federal agencies must: n determine if Section 106 of NHPA applies to a given project and, if so, initiate the review;
n gather information to decide which properties in the project area are listed on or eligible for the National Register of Historic Places; n determine how historic properties might
be affected; n explore alternatives to avoid or reduce harm to historic properties; and n reach agreement with the SHPO/tribe (and the Council in some cases) on measures to deal with
any adverse effects or obtain advisory comments from the Council, which are sent to the head of the agency. The National Register of Historic Places The National Register of Historic
Places is the Nation’s official list of properties recognized for their significance in American history, architecture, archeology, engineering, and culture. It is administered by the
National Park Service, which is part of the Department of the Interior. National Register properties include districts, sites, buildings, structures, and objects. They can be significant
to a local community, a State, an Indian tribe, or the Nation as a whole. II-23 TEXAS HISTORICAL COMMISSION
In order to be considered during Section 106 review, a property must either be already listed on the National Register or be eligible for listing. A property is considered eligible when
it meets specific criteria established by the National Park Service. During Section 106 review, the Federal agency evaluates properties against those criteria and seeks the consensus
of the SHPO and/or tribe regarding eligibility. (For more information, visit the National Register Web site at www.cr.nps.gov/nr.) When historic properties will be harmed, Section 106
review usually ends with a legally binding agreement that establishes how the Federal agency will address the adverse effects. In the few cases where this does not occur, and the Council
issues advisory comments, the head of the Federal agency must consider the comments in making a final decision. The point of Section 106 review is not to stop projects. It is to ensure
that Federal agencies fully consider historic preservation issues and the views of the public during project planning. What Is an Adverse Effect? In Section 106 review, a project is
considered to adversely affect a historic property if it may alter the characteristics that qualify the property for inclusion in the National Register in a manner that would diminish
the integrity of the property. Integrity is the ability of a property to convey its significance, based on its location, design, setting, materials, workmanship, feeling, and association.
Adverse effects can be direct or indirect. They include reasonably foreseeable impacts that may occur later in time, be farther removed in distance, or be cumulative. Typical examples
of adverse effects are: n physical destruction or damage n alteration inconsistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (see www2.cr.nps.gov/tps/sec
stan1.htm for more information) n relocation of the property n change in the character of the property’s use or setting n introduction of incompatible visual, atmospheric, or audible
elements n neglect and deterioration n transfer, lease, or sale out of Federal control without adequate preservation restrictions DETERMINING FEDERAL INVOLVEMENT If you are concerned
about a proposed project and wondering whether Section 106 applies, you must first determine whether the Federal Government is involved. Will a Federal agency fund or carry out the project?
Is a Federal permit, license, or approval needed? Section 106 applies only if a Federal agency is taking an action, so confirming Federal involvement is key. II-24 TEXAS HISTORICAL COMMISSION
II-25 TEXAS HISTORICAL COMMISSION Is There Federal Involvement? Consider the possibilities: n Is a Federally owned or controlled property involved, such as a military base, park, forest,
office building, post office, or courthouse? Is the agency proposing a project on its land, or would it have to provide a right-of-way or other approval to a private company for a project
such as a pipeline or mine? n Is the project receiving Federal funds, grants, or loans? If it is a transportation project, frequent sources of funds are the Federal Highway Administration,
the Federal Transit Administration, and the Federal Aviation Administration (for airport improvements). Many local government projects receive funds from the Department of Housing and
Urban Development. The Federal Emergency Management Agency provides funds for disaster relief. n Does the project require a Federal permit, license, or other approval? Often housing
developments impact wetlands, so a Corps of Engineers permit may be required. Airport projects frequently require approvals from the Federal Aviation Administration. Many communications
activities, including cellular tower construction, are licensed by the Federal Communications Commission. Hydropower and pipeline development requires approval from the Federal Energy
Regulatory Commission. Creation of new bank branches must be approved by the Federal Deposit Insurance Corporation. Sometimes Federal involvement is obvious. More often, the answer is
not immediately apparent. If you have a question, contact the project sponsor to obtain additional information and to inquire about Federal involvement. All Federal agencies have Web
sites, many listing regional or local contacts and information on major projects. The SHPO/tribe, State or local planning commissions, or statewide historic preservation organizations
may also have project information. Once you have identified the responsible Federal agency, write to the agency to request a project description and inquire about the status of project
planning. planning. Ask how the agency plans to comply with Section 106 and begin to voice your concerns. Keep the SHPO/tribe advised of your interest and contacts with the Federal agency.
Monitoring Federal Actions The earlier you learn about proposed Federal actions, the greater your chance of influencing the outcome of Section 106 review. n Learn more about the history
of your neighborhood, city, or State. Join a local or statewide preservation, historical or archeological organization. These organizations are often the ones first contacted by Federal
agencies. n If there is a clearinghouse that distributes information about local, State, tribal, and Federal projects, make sure you or your organization is on their mailing list. n
Make the SHPO or tribe aware of your interest. n Become more involved in State and local decision making. Ask about the applicability of Section 106 to projects under State, tribal,
or local review. Does your State, tribe, or commu
nity have preservation laws in place? If so, become knowledgeable about and active in the implementation of these laws. n Review the local newspaper for notices about projects being
reviewed under other Federal statutes, especially the National Environmental Policy Act (NEPA). Under NEPA, a Federal agency must determine if its proposed actions will significantly
impact the environment. Usually, if a Federal agency is analyzing a project’s environmental impacts under NEPA, then it must also complete a Section 106 review. WORKING WITH FEDERAL
AGENCIES Throughout Section 106 review, Federal agencies must consider the views of the public. This is particularly important when an agency is trying to identify historic properties
that might be affected by a project and is considering ways to avoid or minimize harm. In either case, agencies must give the public a chance to learn about the project and provide their
views. How agencies publicize projects depends on the nature and complexity of the particular project, and the agency’s public involvement procedures. Public meetings are often noted
in local newspapers and on television and radio. A daily Government publication, the Federal Register (available at many public libraries and online at www.access.gpo.gov ), has notices
concerning projects, including those being reviewed under the National Environmental Policy Act (NEPA). Federal agencies often use NEPA public outreach for purposes of Section 106 review.
Federal agencies also frequently contact museums and historical societies directly to learn about historic properties and community concerns. Let these organizations know of your interest.When
the agency provides you with information, let the agency know if you disagree with its findings regarding what properties are eligible for the National Register of Historic Places or
how the proposed project may affect them. Tell the agency—in writing—about any important properties which you think have been overlooked or incorrectly evaluated. Be sure to provide
documentation to support your views. When the Federal agency releases information about project alternatives under consideration, make it aware of the options you believe would be most
beneficial. To support alternatives that would preserve historic properties, be prepared to discuss costs and how well your preferred alternatives would meet project needs. Sharing success
stories about the treatment or reuse of similar resources can be helpful. Applicants for Federal assistance or permits, and their consultants, often undertake research and analyses on
behalf of a Federal agency. Be prepared to make your interests and views known to them, but remember that the Federal agency is ultimately responsible for completing Section 106 review.
Make sure that you also convey your concerns directly to the Federal agency. II-26 TEXAS HISTORICAL COMMISSION
INFLUENCING PROJECT OUTCOMES In addition to seeking the views of the public, Federal agencies must actively consult with certain organizations and individuals during review. This interactive
consultation is at the heart of Section 106 review. Consultation does not mandate a specific outcome. Rather, it is the process of seeking consensus about how project effects on historic
properties should be handled. The organizations and individuals that Federal agencies must consult are called “consulting parties.” To influence project outcomes, you may work through
the consulting parties, particularly those who represent your interests. For instance, if you live within the local jurisdiction where a project is taking place, make sure to express
your views on historic preservation issues to the local government officials who participate in consultation. You or your organization, however, may want to take a more active role in
Section 106 review, especially if you have a legal or economic interest in the project or the the affected properties. You might also have an interest in the effects of the project as
an individual, a business owner, or a member of a neighborhood association, preservation group, or other organization. Under these circumstances, you or your organization may write to
the Federal agency asking to become a consulting party. Who Are “Consulting Parties”? The following parties are entitled to actively participate as consulting parties during Section
106 review: n State Historic Preservation Officers; n Indian tribes; n Native Hawaiian organizations; n Local governments; and n Applicants for Federal assistance, permits, licenses,
and other approvals. Other individuals and organizations with a demonstrated interest in the project may participate in Section 106 review as consulting parties “due to the nature of
their legal or economic relation to the undertaking or affected properties, or their concern with the undertaking’s effects on historic properties.” Their participation is subject to
approval by the responsible Federal agency. When requesting consulting party status, explain why you believe your participation would be valuable to successful resolution. Since the
SHPO/tribe will assist the Federal agency in deciding who will participate in the consultation, be sure to provide the SHPO/tribe with a copy of your letter to the agency. The Federal
agency makes the ultimate decision. However, if you are denied consulting party status, you may contact the Council to request a review of the matter. Consulting party status entitles
you to share your views, receive and review pertinent information, offer ideas, and consider possible solutions together with the Federal agency and II-27 TEXAS HISTORICAL COMMISSION
other consulting parties. It is up to you to decide how actively you want to participate in consultation. Making the Most of Consultation Consultation will vary depending on the Federal
agency’s planning process and the nature of the project and its effects. Often consultation involves diverse participants with a variety of concerns and issues, including preservation
proponents as well as those who view historic properties as impediments. Effective consultation occurs when you: n keep an open mind; n state your interests clearly; n acknowledge that
others have legitimate interests, and seek to understand and accommodate them; n consider a wide range of options; and n identify shared goals and seek options that allow mutual gain.
Creative ideas about alternatives—not complaints—are the hallmarks of effective consultation. HOW THE COUNCIL CAN HELP Under Section 106 review, most harmful effects are addressed successfully
by the Federal agency, the SHPO/tribe, and any other consulting parties. So, your first points of contact should always be the Federal agency and the SHPO/tribe. However, the Council
can also assist with your questions and concerns. When there is significant public controversy, or if the project will have substantial effects on important historic properties, the
Council may elect to participate directly in the consultation. The Council may also decide to get involved if important policy questions are raised or if there are issues of concern
to Indian tribes or Native Hawaiian organizations. Whether the Council becomes involved in consultation or not, you may contact the Council to express your views or to request guidance,
advice, or technical assistance. Regardless of the scale of the project or the magnitude of its effects, the Council is available to assist with dispute resolution and advise on the
conduct of Section 106 decision making. If you disagree with the Federal agency regarding which historic properties are affected by a project or how they will be impacted, contact the
Council. Depending upon the status of the review, the Council could require reconsideration of the Federal agency’s findings. Contacting the Council: A Checklist When you contact the
Council, try to have the following information available: n the name of the responsible Federal agency and how it is involved; II-28 TEXAS HISTORICAL COMMISSION
II-29 TEXAS HISTORICAL COMMISSION n a description of the project; n the historic properties involved; and n a clear statement of your concerns about the project and its effect on historic
properties. If you suspect Federal involvement but have been unable to verify it, or if you believe that the Federal agency or one of the other participants in review has not fulfilled
its responsibilities under the Council’s regulations, you can ask the Council to investigate. In either case, be as specific as possible. WHEN AGENCIES DON’T FOLLOW THE RULES If the
agency acts without properly completing Section 106 review, the Council can issue a finding that the agency has foreclosed the possibility of meaningful review of the project. This means
that, in the Council’s opinion, the agency has failed to comply with Section 106 and therefore has not met the requirements of Federal law. A vigilant public helps ensure that Federal
agencies comply fully with Section 106. In response to requests, the Council can investigate questionable actions and advise agencies to do what is required. As a last resort, preservation
groups or individuals can litigate in order to enforce Section 106. FOLLOWING THROUGH Designed to accommodate project needs and historic values, Section 106 review needs strong public
participation if it is to be meaningful. Section 106 review can—and does—permit the public to influence how Federal actions affect historic properties. By keeping abreast of Federal
involvement, participating in consultation, and knowing when and whom to ask for help, you can play an active role in deciding the future of your community. Section 106 review gives
you a chance to weigh in when Federal actions will affect historic properties you care about. Seize that chance and make a difference!
II-30 TEXAS HISTORICAL COMMISSION Advisory Council on Historic Preservation Office of Planning and Review 1100 Pennsylvania Ave., NW, Suite 809 Washington, D.C. 20004 Phone: 202/606-8503
Fax: 202/606-8647 E-mail: achp@achp.gov Web site: www.achp.gov The Council’s Web site includes a “Users Guide to Section 106 Review” and contact information for Federal agencies, SHPOs,
and tribes. The Council’s Denver office handles most Section 106 reviews in the western States: 12136 West Bayaud Ave., Suite 330 Lakewood, CO 80228 Phone: 303/969-5110 Fax: 303/969-5115
National Conference of State Historic Preservation Officers 444 N. Capitol St., NW, Suite 342 Washington, D.C. 20001-1512 Phone: 202/624-5465 Fax: 202/624-5419 Web site: www.sso.org/ncshpo
National Association of Tribal Historic Preservation Officers 1411 K St., NW, Suite 700 Washington, DC 20005 Phone: 202/628-8476 Fax: 202/628-2241 National Park Service Heritage Preservation
Services 1849 C St., NW, NC-330 Washington, D.C. 20240 Phone: 202/343-9573 Fax: 202/343-3921 Web site: www2.cr.nps.gov National Register of Historic Places 1849 C St., NW, NC-400 Washington,
D.C. 20240 Phone: 202/343-9536 Fax: 202/343-1836 Web site: www.cr.nps.gov/nr National Trust for Historic Preservation 1785 Massachusetts Ave., NW Washington, D.C. 20036 Phone: 800/944-6847
or 202/588-6000 Fax: 202/588-6038 Web site: www.nthp.org The National Trust has regional offices in San Francisco, Denver, Fort Worth, Chicago, Boston, and Charleston. Updated September
18, 2001 CONTACT INFORMATION
II-31 TEXAS HISTORICAL COMMISSION TEXAS HISTORICAL COMMISSION PUBLICATIONS LIST The following publications are available free from the THC. To order, call 512/463-6255 or email thc@thc.state.tx.us.
Brochures African Americans in Texas: Historical & Cultural Legacies Los Caminos del Rio, Legacies of the Borderlands Sam Rayburn House Museum, Bonham, Texas Texas Forest Trail Region
Texas Forts Trail Region Texas in the Civil War Texas Independence Trail Region Periodicals Courthouse Cornerstones, a quarterly update of the Texas Historic Courthouse Preservation
Program The Medallion, a bimonthly magazine on preservation news Reports Historic Preservation at Work for the Texas Economy: An Economic Impact Study Preserving our Heritage: A Statewide
Plan for Texas The Texas Ten: Preserving the State’s Historic Outdoor Sculpture General Information Archeology in Texas Using Historical Markers in the Classroom Guidelines Certified
Local Governments in Texas: A Blueprint for Protecting Your Community’s Heritage Fundamentals of Oral History Finding and Hiring Qualified Preservation Consultants Historic Texas Cemetery
Designation Guidelines Official Texas Historical Marker Guidelines Preserving Historic Cemeteries Protecting Significant Archeological Sites through Designation: A User’s Guide for the
Public Recorded Texas Historic Landmark Remembering Texas: Guidelines for Historical Research Researching Military History Texas Preservation Trust Fund: Grant Program Application Manual
Visionaries in Preservation Program: Application Guidelines
Appendix III Preservation Contacts CONTENTS Preservation Partners and Programs ........................................................................................2 Local Preservation
Contacts by County ..................................................................................6 Texas Historical Commission Regions ............................................................
........................38 Texas Historical Commission Archeological Regions ............................................................39 Architecture Division Reviewers by Region
...........................................................................40 Architecture Division Reviewers by County ...........................................................................41
Texas Heritage Trail Regions ..................................................................................................44 Texas Department of Transportation District Offices
..............................................................45 Texas Travel Information Centers .........................................................................................48
Texas Historical Commission Members ................................................................................49 State Board of Review Members ..................................................
..........................................51 Antiquities Advisory Board Members ....................................................................................53 III-1
PRESERVATION PARTNERS AND PROGRAMS Numerous associations, institutions and government agencies are involved in historic preservation activities or offer resources that can provide helpful
information to county historical commissions and other local preservation groups. All the following statewide and national organizations have web sites should you desire further information.
STATEWIDE ORGANIZATIONS III-2 TEXAS HISTORICAL COMMISSION American Planning Association, Texas Chapter P.O. Box 684889 Austin, TX 78767 512/306-1674 www.texasapa.org Bob Bullock Texas
State History Museum P.O. Box 12847 Austin, TX 78711 512/936-8746 www.storyoftexas.com Council of Texas Archeologists c/o Geo-Marine, Inc. Missi Green, CTA Secretary-Treasurer 550 E.
15th St. Plano, TX 75074 www.c-tx-arch.org Family Land Heritage Program Texas Department of Agriculture P.O. Box 12847 Austin, TX 78711 512/463-2631 www.agr.state.tx.us General Land
Office 1700 N. Congress Austin, TX 78701 512/463-5001 800/998-4GLO www.glo.state.tx.us Institute of Texan Cultures 801 S. Bowie St. San Antonio, TX 78205 210/458-2300 www.texancultures.utsa.edu
Junior Historians of Texas c/o Texas State Historical Association 2/306 Sid Richardson Hall University of Texas Austin, TX 78712 512/471-1525 www.tsha.utexas.edu National Trust for Historic
Preservation Southwest Regional Office 500 Main St., Suite 1030 Fort Worth, TX 76102 817/332-4398 www.nationaltrust.org Preservation Texas, Inc. P.O. Box 12832 Austin, TX 78711 512/472-0102
www.preservationtexas.org Save Texas Cemeteries, Inc. P.O. Box 202975 Austin, TX 78720-2975 512/258-5688 www.rootsweb.com/~txstc/
State Preservation Board P.O. Box 13286 Austin, TX 78711 512/463-5495 www.tspb.state.tx.us Texas African-American Heritage Organization, Inc. c/o Dr. David A. Williams P.O. Box 141038
Austin, TX 78714 512/837-1405 www.taaho.org Texas Archeological Society Center for Archaeological Research U.T.S.A., 6900 N. Loop 1604 West San Antonio, TX 78249-0658 www.txarch.org
Texas Association of Museums 3939 Bee Caves Rd., Building A, Suite 1B Austin, TX 78746 512/328-6812 888/842-7491 www.io.com/~tam Texas Commission on the Arts P.O. Box 13406 Austin, TX
78711-3406 512/463-5535 www.arts.state.tx.us Texas Council for the Humanities 3809 S. 2nd St. Austin, TX 78704 512/440-1991 www.humanities-interative.org Texas Department of Transportation
125 E. 11th St. Austin, TX 78701-2483 512/463-8585 www.txdot.state.tx.us Texas Historical Foundation P.O. Box 50314 Austin, TX 78763 512/453-2154 www.texashf.org Texas Oral History Association
Baylor University P.O. Box 97271 Waco, TX 76798 254/710-3437 www.baylor.edu/TOHA Texas Parks & Wildlife 4200 Smith School Rd. Austin, TX 78744 512/389-4802 800/792-1112 www.tpwd.state.tx.us
Texas Society of Architects 816 Congress Ave., Suite 970 Austin, TX 78701 512/478-7386 www.texasarchitect.org Texas State Historical Association 2/306 Sid Richardson Hall University
of Texas Austin, TX 78712 512/471-1525 www.tsha.utexas.edu Texas State
Library & Archives P.O. Box 12927 Austin, TX 78711 512/463-5455 www.tsl.state.tx.us Texas Travel Industry Association 812 San Antonio St., Suite 401 Austin, TX 78701 512/476-4472 www.tourtexas.com/tt
ia/ttia.html III-3 TEXAS HISTORICAL COMMISSION
Texas Economic Development, Tourism Division P.O. Box 12728 Austin, TX 78711 512/462-9191 www.tded.state.tx.us NATIONAL ORGANIZATIONS Advisory Council for Historic Preservation 1100
Pennsylvania Ave., NW, Suite 809 Washington, D.C. 20004 202/606-8503 www.achp.gov American Association for State and Local History 1717 Church St. Nashville, TN 37203 615/320-3203 www.aaslh.org
American Association of Museums 1575 Eye St., NW, Suite 400 Washington, D.C. 20005 202/289-1818 www.aam-us.org Association for Gravestone Studies 278 Main St., Suite 207 Greenfield,
MA 01301 413/772-0836 www.gravestonestudies.org National Council on Public History 327 Cavanaugh Hall – IUPUI 425 University Blvd. Indianapolis, IN 46202 317/274-2716 www.ncph.org National
Conference of State Historic Preservation Officers 444 North Capitol St. NW, Suite 342 Washington, D.C. 20001 202/624-5465 www.sso.org/ncshpo National New Deal Preservation Association
P.O. Box 602 Santa Fe, NM 87504 505/473-2039 www.newdeallegacy.org National Park Service 1849 C St. NW Washington, D.C. 20240 202/208-6953 www.nps.gov National Trust for Historic Preservation
1785 Massachusetts Ave., NW Washington, D.C. 20036 800/944-6847 www.nationaltrust.org Preservation Action 1350 Connecticut Ave. NW, Suite 401 Washington, D.C. 20036 202/659-0915 www.preservationactio
n.org III-4 TEXAS HISTORICAL COMMISSION
Society for American Archaeology 900 Second St., NE #12 Washington, D.C. 20002 202/789-8200 www.saa.org Society of Architectural Historians 1365 N. Astor St. Chicago, IL 60610 312/573-1365
www.sah.org The Foundation Center 79 Fifth Ave. New York, NY 10003 212/620-4230 www.fdncenter.org U.S. Department of the Interior 1849 C St., NW Washington, D.C. 20240 202/208-3100 www.doi.gov
U.S. Forest Service P.O. Box 96090 Washington, D.C. 20090 202/205-1661 www.fs.fed.us III-5 TEXAS HISTORICAL COMMISSION
TEXAS HISTORICAL COMMISSION REGIONS Plains Mountain/Pecos Independence/Tropical Forest Lakes/Brazos Forts/Hill Country DALLAM SHERMAN HANSFORD OCHILTREE LIPSCOMB HARTLEY MOORE HUTCHINSON
ROBERTS HEMPHILL OLDHAM POTTER CARSON GRAY WHEELER DEAF SMITH RANDALL ARMSTRONG COLLINGSWORTH DONLEY PARMER CASTRO SWISHER BRISCOE HALL CHILDRESS BAILEY LAMB HALE FLOYD MOTLEY COTTLE
HARDEMAN FOARD WILBARGER COCHRAN HOCKLEY LUBBOCK CROSBY DICKENS KING KNOX BAYLOR YOAKUM TERRY LYNN GARZA KENT STONEWALL HASKELL THROCKMORTON GAINES DAWSON BORDEN SCURRY FISHER JONES
SHACKELFORD STEPHENS PALO PINTO ANDREWS MARTIN HOWARD MITCHELL NOLAN TAYLOR CALLAHAN EASTLAND YOUNG JACK EL PASO HUDSPETH CULBERSON LOVING WINKLER ECTOR MIDLAND GLASSCOCK STERLING JEFF
DAVISREEVES WARD CRANE UPTON REAGAN IRION PECOS PRESIDIO BREWSTER TERRELL CROCKETT SCHLEICHER SUTTON VAL VERDE EDWARDS KIMBLE MASON MENARD TOM GREEN COKE RUNNELS COLEMAN BROWN CONCHO
MC CULLOCH SAN SABA LLANO GILLESPIE BURNET KERR REAL KINNEY UVALDE MEDINA BANDERA KENDALL ERATH MILLS LAMPASAS HAMILTON CORYELL HOOD JOHNSON SOMERVELL BOSQUE HILL MC LENNAN BLANCOHAYS
COMAL BEXAR GUADALUPE CALDWELL BASTROP TRAVIS WILLIAMSON BELL FALLSLIMESTONE MILAM BURLESON BRAZOS ROBERTSON LEON FREESTONE HOUSTON ANDERSON NAVARRO HENDERSON KAUFMAN ELLIS MAVERICK
DIMMIT LA SALLE ATAZAVALA FRIO SCOSA MC MULLEN WEBB DUVAL ZAPATA JIM HOGG BROOKS STARR HIDALGO WILLACY CAMERON KENEDY KLEBERG JIM WELLS NUECES LIVE OAK BEE REFUGIO SAN PATRICIO ARANSAS
GOLIAD VICTORIACALHOUN JACKSON WHARTON BRAZORIA WILSON GONZALES KARNES DEWITTLAVACA COLORADO AUSTIN FAYETTE WASHINGTON MATAGORDA FORT BEND WALLER GRIMES MADISONWALKER MONTGOMERY HARRIS
CHAMBERS GALVESTON LIBERTY SAN JACINTO TRINITYPOLK TYLER JASPER NEWTON ORANGE JEFFERSON HARDIN ANGELINA NACOGDOCHES SAN AUGUSTINE SABINE CHEROKEE DELTA HOPKINS CAMP TITUS MORRIS FRANKLIN
UPSHUR WOOD HUNTRAINS VAN ZANDT SMITH GREGG RUSK PANOLA SHELBY HARRISON MARION CASS BOWIE RED RIVER LAMAR FANNIN COOKE GRAYSON MONTAGUE CLAY WISE DENTON COLLIN ROCKWALL ARCHER TARRANT
DALLAS PARKER WICHITA LEE COMANCHE III-38
TEXAS HISTORICAL COMMISSION ARCHEOLOGICAL REGIONS REGION 1 MYLES MILLER 512/463-5864 myles.miller@thc.state.tx.us DEBRA BEENE 512/463-5865 dbeene@thc.state.tx.us REGION 2 BRETT CRUSE
512/463-8883 brett.cruse@thc.state.tx.us ARCHEOLOGICAL SOCIETIES NUMBER OF STEWARDS IN COUNTY NOTE: DOES NOT INDICATE MARINE STEWARDS VAL VERDE CROCKETT2 ANDREWS MARTIN LOVING WINKLER
ECTOR MIDLAND GLASSCOCK STERLING WARD CRANE UPTON REAGAN 2 1 CULBERSON JEFF DAVIS REEVES PECOS PRESIDIO BREWSTER TERRELL 1 EL PASO HUDSPETH1 2 KINNEY UVALDE MEDINA BEXAR GUADALUPE MAVERICK
DIMMIT LA SALLE ATAZAVALA FRIO SCOSA MC MULLEN WEBB DUVAL ZAPATA JIM HOGG BROOKS STARR HIDALGO WILLACY CAMERON KENEDY KLEBERG JIM WELLS NUECES LIVE OAK BEE REFUGIO ARANSAS GOLIADVICTORIA
CALHOUN JACKSON WILSON WHARTON GONZALES KARNES DEWITTLAVACA COLORADO AUSTIN FAYETTE WASHINGTON MATAGORDA 6 1 1 1 2 2 1 1 1 21 1 SAN PATRICIO 1 2 1 BRAZORIA FORT BEND WALLER 2 HOUSTON
ANDERSON HENDERSON WALKER MONTGOMERY HARRIS CHAMBERS GALVESTON LIBERTY SAN JACINTO TRINITY POLK TYLER JASPER NEWTON ORANGE JEFFERSON HARDIN ANGELINA NACOGDOCHES SAN AUGUSTINE SABINE
CHEROKEE CAMP TITUS MORRIS FRANKLIN UPSHUR WOOD VAN ZANDT SMITH GREGG RUSK PANOLA SHELBY HARRISON MARION CASS BOWIE RED RIVER 2 1 CAMP 1 MORRIS 2 1 3 1 9 1 1 5 2 REGIONS 3 & 4 DAN POTTER
512/463-8884 dan.potter@thc.state.tx.us REGION 5 MARK PARSONS 512/463-7004 mark.parsons@thc.state.tx.us REGION 6 JEFF DURST 512/463-8882 jeff.durst@thc.state.tx.us 2 MARION 1 For information
about marine stewards call Steve Hoyt, State Marine Archeologist, at 512/463-7188 or email: steve.hoyt@thc.state tx.us 1 7 1 2 BOWIE 2 CORYELL HAMILTONHOOD JOHNSON SOMERVELL BOSQUE HILL
MC LENNAN WILLIAMSON BELL FALLSLIMESTONE MILAM LEE BURLESON ROBERTSON LEON FREESTONE NAVARRO KAUFMAN ELLIS MADISON HUNT COOKE GRAYSON MONTAGUE WISE DENTON COLLIN ROCKWALL PARKER TARRANT
DALLAS 1 1 1 1 1 2 2 4 1 1 1 3 DELTA HOPKINS RAINSLAMAR FANNIN BRAZOS GRIMES 4 1 1 1 PALO PINTO EASTLAND JACK IRION SCHLEICHER SUTTON EDWARDS KIMBLE MASON MENARD TOM GREEN COKE RUNNELS
COLEMAN BROWN CONCHO MC CULLOCH SAN SABA LLANO GILLESPIE BURNET KERR REAL BANDERA KENDALL ERATH COMANCHE MILLS LAMPASAS BLANCOHAYS COMAL CALDWELL BASTROP TRAVIS CLAY 1 4 1 13WILBARGER
BAYLOR STONEWALL HASKELL THROCKMORTON FISHER JONES SHACKELFORD STEPHENS NOLAN TAYLOR CALLAHAN YOUNG ARCHER WICHITA 3 3 1 DALLAM SHERMAN HANSFORD OCHILTREE HARTLEY MOORE HUTCHINSON ROBERTS
OLDHAM POTTER CARSON GRAY DEAF SMITH RANDALL ARMSTRONG DONLEY PARMER CASTRO SWISHER BRISCOE HALL BAILEY LAMB HALE FLOYD MOTLEY COCHRAN HOCKLEY LUBBOCK CROSBY DICKENS YOAKUM TERRY LYNN
GARZA KENT GAINES DAWSON BORDEN SCURRY MITCHELL 1 11 2 11 HOWARD 1 LIPSCOMB HEMPHILL WHEELER COLLINGSWORTH CHILDRESS COTTLE HARDEMAN FOARD KING KNOX 11 2 1 1 III-39
ARCHITECTURE DIVISION • REVIEWERS BY REGION Plains Amy Hammons Project Reviewer 512/463-8952 Mountain/Pecos/Tropical (and Military Agencies) Pam Opiela Project Reviewer 512/463-6218
Independence Amy Hammons Project Reviewer 512/463-8952 Forts/Hill Country (and Tarrant County) Chase Robertson Project Reviewer 512/463-6183 Lakes/Brazos Linda Roark Project Reviewer
512/463-9122 Forest Jeffery Harris Project Reviewer 512/463-7687 DALLAM SHERMAN HANSFORD OCHILTREE LIPSCOMB HARTLEY MOORE HUTCHINSON ROBERTS HEMPHILL OLDHAM POTTER CARSON GRAY WHEELER
DEAF SMITH RANDALL ARMSTRONG COLLINGSWORTH DONLEY PARMER CASTRO SWISHER BRISCOE HALL CHILDRESS BAILEY LAMB HALE FLOYD MOTLEY COTTLE HARDEMAN FOARD WILBARGER COCHRAN HOCKLEY LUBBOCK CROSBY
DICKENS KING KNOX BAYLOR YOAKUM TERRY LYNN GARZA KENT STONEWALL HASKELL THROCKMORTON GAINES DAWSON BORDEN SCURRY FISHER JONES SHACKELFORD STEPHENS PALO PINTO ANDREWS MARTIN HOWARD MITCHELL
NOLAN TAYLOR CALLAHAN EASTLAND YOUNG JACK EL PASO HUDSPETH CULBERSON LOVING WINKLER ECTOR MIDLAND GLASSCOCK STERLING JEFF DAVISREEVES WARD CRANE UPTON REAGAN IRION PECOS PRESIDIO BREWSTER
TERRELL CROCKETT SCHLEICHER SUTTON VAL VERDE EDWARDS KIMBLE MASON MENARD TOM GREEN COKE RUNNELS COLEMAN BROWN CONCHO MC CULLOCH SAN SABA LLANO GILLESPIE BURNET KERR REAL KINNEY UVALDE
MEDINA BANDERA KENDALL ERATH MILLS LAMPASAS HAMILTON CORYELL HOOD JOHNSON SOMERVELL BOSQUE HILL MC LENNAN BLANCOHAYS COMAL BEXAR GUADALUPE CALDWELL BASTROP TRAVIS WILLIAMSON BELL FALLSLIMESTONE
MILAM BURLESON BRAZOS ROBERTSON LEON FREESTONE HOUSTON ANDERSON NAVARRO HENDERSON KAUFMAN ELLIS MAVERICK DIMMIT LA SALLE ATAZAVALA FRIO SCOSA MC MULLEN WEBB DUVAL ZAPATA JIM HOGG BROOKS
STARR HIDALGO WILLACY CAMERON KENEDY KLEBERG JIM WELLS NUECES LIVE OAK BEE REFUGIO SAN PATRICIO ARANSAS GOLIAD VICTORIACALHOUN JACKSON WHARTON BRAZORIA WILSON GONZALES KARNES DEWITTLAVACA
COLORADO AUSTIN FAYETTE WASHINGTON MATAGORDA FORT BEND WALLER GRIMES MADISONWALKER MONTGOMERY HARRIS CHAMBERS GALVESTON LIBERTY SAN JACINTO TRINITYPOLK TYLER JASPER NEWTON ORANGE JEFFERSON
HARDIN ANGELINA NACOGDOCHES SAN AUGUSTINE SABINE CHEROKEE DELTA HOPKINS CAMP TITUS MORRIS FRANKLIN UPSHUR WOOD HUNTRAINS VAN ZANDT SMITH GREGG RUSK PANOLA SHELBY HARRISON MARION CASS
BOWIE RED RIVER LAMAR FANNIN COOKE GRAYSON MONTAGUE CLAY WISE DENTON COLLIN ROCKWALL ARCHER TARRANT DALLAS PARKER WICHITA LEE COMANCHE III-40
TEXAS HISTORICAL COMMISSION TEXAS HERITAGE TRAIL REGIONS Two-toned counties are part of two Texas Heritage Trail Regions Texas Forts Trail Region Stan Meador, president of board X Bar
Ranch P.O. Box 696 Eldorado, TX 76933-0696 915/853-2688 Email: xbar@compuserve.com Texas Forest Trail Region Chay Rees, regional coordinator 200 E. Main St. Nacogdoches, TX 75961 936/560-6162
Email: txforesttrail@yahoo.com Texas Independence Trail Region Pamela Prior Stuart, regional coordinator P.O. Box 460 Richmond, TX 77406-0460 281/342-1256 Email: pamstuart@bcni.net III-44
III-45 TEXAS HISTORICAL COMMISSION TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) DISTRICT OFFICES Your district engineer can be a good source of information and an important contact for
you to have on various projects, including historical marker placements on the highway rights-ofway, signage to historical attractions in your county, etc. Following is a list of the
TxDOT district offices with addresses and phone numbers for each and the counties that district office covers. Contact the office in your district to introduce yourself to the district
engineer and to familiarize yourself with services the district office may provide. Abilene District Office P.O. Box 150 Abilene, TX 79604 915/676-6800 Counties: Borden, Callahan, Fisher,
Haskell, Howard, Jones, Kent, Mitchell, Nolan, Scurry, Shackelford, Stonewall, Taylor Amarillo District Office 5715 Canyon Dr. Amarillo, TX 79105 806/356-3200 Counties: Armstrong, Carson,
Dallam, Deaf Smith, Gray, Hansford, Hartley, Hemphill, Hutchinson, Lipscomb, Moore, Ochiltree, Oldham, Potter, Randall, Roberts, Sherman Atlanta District Office 701 East Main Atlanta,
TX 75551 903/796-2851 Counties: Bowie, Camp, Cass, Harrison, Marion, Morris, Panola, Titus, Upshur Austin District Office P.O. Drawer 15426 Austin, TX 78761 512/832-7000 Counties: Bastrop,
Blanco, Burnet, Caldwell, Gillespie, Hays, Lee, Llano, Mason, Travis, Williamson Beaumont District Office 8350 Eastex Fwy. Beaumont, TX 77708 409/892-7311 Counties: Chambers, Hardin,
Jasper, Jefferson, Liberty, Newton, Orange, Tyler Brownwood District Office 2495 Hwy. 183N Brownwood, TX 76802 915/646-2591 Counties: Brown, Coleman, Comanche, Eastland, Lampasas, McCulloch,
Mills, San Saba, Stephens Bryan District Office 1300 North Texas Ave. Bryan, TX 77803 979/778-2165 Counties: Brazos, Burleson, Freestone, Grimes, Leon, Madison, Milam, Robertson, Walker,
Washington Childress District Office 7599 US 287 Childress, TX 79201 940/937-7100 Counties: Briscoe, Childress, Collingsworth, Cottle, Dickens, Donley, Foard, Hall, Hardeman, King, Knox,
Motley, Wheeler Corpus Christi District Office P.O. Box 9907 Corpus Christi, TX 78469 361/808-2300 Counties: Aransas, Bee, Goliad, Jim Wells, Karnes, Kleberg, Live Oak, Nueces, Refugio,
San Patricio
III-46 TEXAS HISTORICAL COMMISSION Dallas District Office P.O. Box 133067 Dallas, TX 75313 214/320-6100 Counties: Collin, Dallas, Denton, Ellis, Kaufman, Navarro, Rockwall El Paso District
Office 13301 Gateway West El Paso, TX 79928 915/790-4200 Counties: Brewster, Culberson, El Paso, Hudspeth, Jeff Davis, Presidio Fort Worth District Office P.O. Box 6868 Fort Worth, TX
76115 817/370-6500 Counties: Erath, Hood, Jack, Johnson, Palo Pinto, Parker, Somervell, Tarrant, Wise Houston District Office P.O. Box 1386 Houston, TX 77251 713/802-5000 Counties: Brazoria,
Fort Bend, Galveston, Harris, Montgomery, Waller Laredo District Office 1817 Bob Bullock Loop Laredo, TX 78043 956/712-7400 Counties: Dimmit, Duval, Kinney, La Salle, Maverick, Val Verde,
Webb, Zavala Lubbock District Office P.O. Box 771 Lubbock, TX 79408 806/745-4411 Counties: Bailey, Castro, Cochran, Crosby, Dawson, Floyd, Gaines, Garza, Hale, Hockley, Lamb, Lubbock,
Lynn, Parmer, Swisher, Terry, Yoakum Lufkin District Office 1805 North Timberland Dr. Lufkin, TX 75901 936/634-4433 Counties: Angelina, Houston, Nacogdoches, Polk, Sabine, San Augustine,
San Jacinto, Shelby, Trinity Odessa District Office 3901 E. U.S. Hwy. 80 Odessa, TX 79761 915/332-0501 Counties: Andrews, Crane, Ector, Loving, Martin, Midland, Pecos, Reeves, Terrell,
Upton, Ward, Winkler Paris District Office 1365 North Main St. Paris, TX 75460 903/737-9300 Counties: Delta, Fannin, Franklin, Grayson, Hopkins, Hunt, Lamar, Rains, Red River Pharr District
Office P.O. Drawer EE Pharr, TX 78577 956/702-6100 Counties: Brooks, Cameron, Hidalgo, Jim Hogg, Kenedy, Starr, Willacy, Zapata San Angelo District Office 4502 Knickerbocker Rd. San
Angelo, TX 76904 915/944-1501 Counties: Coke, Concho, Crockett, Edwards, Glasscock, Irion, Kimble, Menard, Reagan, Real, Runnels, Schleicher, Sterling, Sutton, Tom Green San Antonio
District Office P.O. Box 29928 San Antonio, TX 78229 210/615-1110 Counties: Atascosa, Bandera, Bexar, Comal, Frio, Guadalupe, Kendall, Kerr, McMullen, Medina, Uvalde, Wilson Tyler District
Office 2709 West Front St. Tyler, TX 75702 903/510-9100 Counties: Anderson, Cherokee, Gregg, Henderson, Rusk, Smith, Van Zandt, Wood
III-47 TEXAS HISTORICAL COMMISSION Waco District Office 100 South Loop Dr. Waco, TX 76704 254/867-2700 Counties: Bell, Bosque, Coryell, Falls, Hamilton, Hill, Limestone, McLennan Wichita
Falls District Office 1601 Southwest Pkwy. Wichita Falls, TX 76302 940/720-7700 Counties: Archer, Baylor, Clay, Cooke, Montague, Throckmorton, Wichita, Wilbarger, Young Yoakum District
Office 403 Huck St. Yoakum, TX 77995 361/293-4300 Counties: Austin, Calhoun, Colorado, DeWitt, Fayette, Gonzales, Jackson, Lavaca, Matagorda, Victoria, Wharton Source: Texas Department
of Transportation web site, www.txdot.state.tx.us/insdtdot/geodist/geodist.htm 2/2002
III-48 TEXAS HISTORICAL COMMISSION TEXAS TRAVEL INFORMATION CENTERS Part of the Texas Department of Transportation’s Travel Division, the Travel Information Centers are strategically
located at sites along the Texas border to welcome visitors to Texas. Professional travel counselors assist users of our transportation system with routings, current information on points
of interest, events and emergency road conditions. They distribute travel literature from all over the state, much of it produced by chambers of commerce, city convention and visitors
bureaus and attractions. Below are the locations, phone numbers and email addresses for the Travel Information Centers in Texas. Amarillo 9400 E. IH-40 Amarillo, TX 79118-6930 806/335-1441
aotic@dot.state.tx.us Anthony 8799 S. Desert Blvd. Anthony, TX 79821 915/886-3468 aytic@dot.state.tx.us Denison 6801 U.S. 69/75 Denison, TX 75020 903/463-2860 dntic@dot.state.tx.us Gainesville
4901 N. IH 35 Gainesville, TX 76240 940/665-2301 getic@dot.state.tx.us Langtry U.S. 90 West/State Loop 25 at Torres Ave. Langtry, TX 78871 915/291-3340 lytic@dot.state.tx.us Laredo 15551
IH 35 N at U.S. 83 Laredo, TX 78045 956/417-4728 lotic@dot.state.tx.us Orange 1708 E. IH 10 (exit 879) Orange, TX 77632 409/883-9416 oetic@dot.state.tx.us Texarkana 1200 W. IH 30 Texarkana,
TX 77632 903/794-2114 tatic@dot.state.tx.us Valley 2021 W. Harrison Harlingen, TX 78552 956/428-4477 vytic@dot.state.tx.us Waskom 1255 N. IH 20 E Waskom, TX 75692 903/687-2547 wmtic@dot.state.tx.us
Wichita Falls 900 Central Fwy. Wichita Falls, TX 76306 940/723-7931 wftic@dot.state.tx.us
III-49 TEXAS HISTORICAL COMMISSION TEXAS HISTORICAL COMMISSION MEMBERS The governor of Texas appoints the members of the Texas Historical Commission and names the chair of the commission.
Members serve for staggered six-year terms, with the terms of one-third of the members expiring in February of odd-numbered years. At least one professional archeologist, one professional
historian and one licensed architect with expertise in historic preservation and architectural history must serve on the commission, and two members must come from counties with populations
of under 50,000. Commission members serve without compensation, save for their travel expenses. Jean Ann Ables-Flatt 209 Brookhollow Dr. Terrell, TX 75160-5005 Term: 06/06/99 – 02/01/05
Gail Loving Barnes 2922 Chisum Ave. Odessa, TX 79762-7941 Term: 06/01/99 – 02/01/05 Jane Cook Barnhill, Vice-Chair 4800 Old Chappell Hill Rd. Brenham, TX 77833-8776 Term: 04/20/95 –
02/01/07 J.P. Bryan Torch Energy Advisors 1221 Lamar, Suite 1600 Houston, TX 77010-3039 Term: 05/06/97 – 02/01/03 Diane D. Bumpas 5306 Surrey Cir. Dallas, TX 75209 Term: 06/01/99 – 02/0l/05
Shirley W. Caldwell P.O. Box 1208 Albany, TX 76430 Term: 04/20/95 – 02/01/07 Chris Carson Ford, Powell & Carson, Inc. 1138 E. Commerce St. San Antonio, TX 78205 Term: 05/06/97 – 02/01/03
Lareatha H. Clay Primary Resource Mgmt., Inc. 1411 Pecos St. Dallas, TX 75204 Term: 07/11/01-02/01/07 Frank W. Gorman Frank W. Gorman, Inc. P.O. Box 223 El Paso, TX 79942 Term: 08/26/96
– 02/01/07 David A. Gravelle 8750 N. Central Expwy., Suite 1100 Dallas, TX 75231-6437 Term: 07/11/01-02/01/07 Dr. Eileen Johnson Museum of Texas Tech University Box 43191 Lubbock, TX
79409-3191 Term: 06/12/97 – 02/01/03
III-50 TEXAS HISTORICAL COMMISSION Dr. Mamie L. McKnight 2470 Five Mile Pkwy. Dallas, TX 75233 Term: 07/17/99 – 02/01/05 Carl McQueary Republic of Texas Museum 510 E. Anderson Ln. Austin,
TX 78752 Term: 05/06/97 – 02/01/03 John Liston Nau, III, Chair Silver Eagle Distributors P.O. Box 2743 Houston, TX 77252-2743 Term: 04/05/93 – 02/01/05 Juan F. Sandoval City of El Paso
#2 Civic Center Plaza, Tax Dept-1st floor El Paso, TX 79901-1196 Term: 06/01/99 – 02/0l/05 Linda Valdez, Secretary Regnier, Valdez & Associates 6700 N. New Braunfels San Antonio, TX
78209 Term: 05/07/97 – 02/01/03 Clinton P. White P.O. Box 7 3412 Fairway Dr. Wharton, TX 77488 Term: 05/06/97 – 02/01/03 Frank D. Yturria 3201 Central Blvd., Suite 200 Brownsville, TX
78520 Term: 07/11/01 – 02/01/07 Commissioner Emeritus (non-voting, honorary): T.R. Fehrenbach P.O. Box 6698 San Antonio, TX 78209 Term: 01/01/83 – 02/01/01 2/2002