Current through Reg. 50, No. 13; March 28, 2025
(a) A county or municipality that owns a
historic courthouse may apply to the commission for a grant or loan for a
historic courthouse project. The application must include:
(1) the address of the courthouse;
(2) a statement of the historic designations
that the courthouse has or is likely to receive;
(3) a statement of the amount of money that
the county or municipality commits to contribute to the project;
(4) a statement of previous county or
municipal monies spent on planning which the county or municipality may be
allowed as credit toward their match;
(5) a statement of whether the courthouse is
currently functioning as a courthouse or other public facility;
(6) copies of any plans, including the
required master preservation plan or construction plans and specifications,
that the county or municipality may have for the project unless the commission
already has these plans on file;
(7) copies of existing deed covenants,
restrictions or easements held by the commission or other preservation
organizations;
(8) statements of
support from local officials and community leaders;
(9) the current cost estimate of the proposed
project; and
(10) any other
information that the commission may require.
(b) The Texas Historic Courthouse
Preservation Program will be a competitive process, with applications evaluated
and grants awarded based on the factors provided in this section, including the
amount of program money for grants.
(1)
Funding requests may be reduced by the commission to reflect ineligible project
costs or smaller scopes or phases of work such as planning for the construction
work.
(2) The commission may adjust
the amount of a previously awarded grant up and/or down based on the changing
conditions of the property and the program.
(c) In considering whether to grant an
application, the commission will assign weights to and consider each of the
following factors:
(1) the status of the
building as a functioning courthouse;
(2) the age of the courthouse;
(3) the degree of endangerment;
(4) whether the courthouse is subject to a
current conservation easement or covenant held by the commission;
(5) whether the proposal is in conformance
with the approved master plan and addresses the current condition and needs of
the property in proper sequence;
(6) whether the county or municipality agrees
to place/extend a preservation easement/covenant and/or deed restriction as
part of the grant process;
(7) the
importance of the building within the context of an architectural
style;
(8) whether the proposal
addresses and remedies former inappropriate changes;
(9) the historic significance of the
courthouse, as defined by 36
CFR §
60.4, and National Park Service
Bulletin 15, "How to Apply the National Register Criteria for
Evaluation;"
(10) the degree of
surviving integrity of original design and materials;
(11) if a county or municipality submits
completed and commission-approved construction plans and specifications for
proposed work at the time of the application, provided the plans and
specifications comply with the previously approved master plan;
(12) the use of the building as a courthouse
after the project;
(13) the
county's or municipality's provision of a match greater than 15% of the grant
request;
(14) the degree to which
the proposal achieves a fully restored county courthouse;
(15) the status of the courthouse in terms of
state and local historical designations that are in place;
(16) the county or municipal government's
provision of preservation incentives and support of the county historical
commission and other county-wide preservation efforts;
(17) the location of the county in a region
with few awarded courthouse grant applications;
(18) the existence of a plan for physically
protecting county records during the restoration and afterwards, as well as an
assessment of current and future space needs and public accessibility for such
records, if county-owned;
(19) the
existence of a strong history of compliance with the state courthouse law
(Texas Government Code, §
442.008 and the
Antiquities Code of Texas, Texas Natural Resources Code Chapter 191);
(20) the effort to protect and enhance
surrounding historic resources;
(21) the evidence of community support and
county or municipality commitment to protection;
(22) the applicant's local funding capacity
as measured by the total taxable value of properties in the jurisdiction;
and
(23) the number of prior cycles
in which a county has applied for and not received a full restoration
grant.
(d) Other
Considerations.
(1) The factors noted in
subsection (c) of this section, and any additional ones determined necessary by
the commission, will be published prior to each individual grant round as part
of the formal procedures for the round.
(2) The commission may distribute a portion
of the funds available for each grant period to be used for specific purposes
on an expedited basis and/or granted through different criteria than other
funds. Such specific purposes may include, but are not limited to, the
following:
(A) Emergency repairs necessary to
address or prevent catastrophic damage to the courthouse; or
(B) Compliance with the Americans with
Disabilities Act or other state or federally mandated repairs or modifications;
or
(C) Previously awarded projects
that require additional funding to accomplish the intended goals of the
project; or
(D) Updates to approved
courthouse preservation master plans.
(3) Any such distribution to a specific
purpose or change in criteria must be decided by a vote of the commission and
advertised to the potential grantees prior to the date for the submission of
applications.
(e) As a
condition for a county or municipality to receive money under the courthouse
fund, the commission may require creation of a conservation easement on the
property, and may require creation of other appropriate covenants in favor of
the state. The highest preference will be given to counties agreeing to the
above referenced easements or covenants at the time of application.
(f) The commission shall provide oversight of
historic courthouse projects.
(1) The
commission may make periodic inspections of the projects during construction
and/or upon and following completion to ensure compliance with program rules
and procedures.
(2) The commission
may require periodic reports to ensure compliance with program rules and
procedures and as a prerequisite to disbursement of grant or loan
funds.
(3) The commission may adopt
additional procedures to ensure program compliance.