Current through Reg. 49, No. 38; September 20, 2024
(a)
Definition. The Texas preservation trust fund (hereinafter referred to as trust
fund or fund) is a fund in the state treasury, created by enactment of Senate
Bill 294 by the 71st Texas Legislature (1989), which amended the Texas
Government Code, Chapter 442, by adding §442.015. The trust fund shall
consist of transfers made to the fund, including state and federal legislative
appropriations, grants, donations, proceeds of sales, loan repayments, interest
income earned by the fund, and any other monies received. Funds may be received
from federal, state, or local government sources, organizations, charitable
trusts and foundations, private individuals, business or corporate entities,
estates, or any other source.
(b)
Purpose. The purpose of the Texas preservation trust fund is to serve as a
source of funding for the Texas Historical Commission (Commission) to provide
financial assistance to qualified applicants for the acquisition, survey,
restoration, preservation, or for planning and educational activities leading
to the preservation, of historic properties and associated collections in the
State of Texas.
(c) Types of
assistance. Commission shall provide financial assistance in the form of grants
or loans. Grant recipients shall be required to follow the terms and conditions
of the Preservation Trust Fund Grants and other terms and conditions imposed by
Commission at the time of the grant award. Loans shall have a term not to
exceed five years at an interest rate at the prime interest rate at the time
the loan is made.
(d) Allowable use
of trust fund monies. In all cases when no specification is made, or the
specified amount is less than $5,000 the proceeds and/or interest on such gifts
or monies shall be unencumbered and shall accrue to the benefit of the entire
fund. Money deposited to the fund for specific projects shall only be used for
the projects specified provided that the specific project has received approval
of the Commission, there is or will be a dedicated account within the Trust
Fund for that project, and all other requirements herein are met. Money
deposited to specified projects in amounts of $5,000 or greater shall retain
all proceeds or interest earned for that specified project unless the donor
stipulates that all proceeds or interest earned shall be unencumbered and
accrue to the benefit of the entire fund.
(e) Organization. The Texas preservation
trust fund shall be administered by the Commission through its Executive
Committee. The trust fund advisory board, and commission staff shall provide
support and input as needed.
(f)
All actions of the Executive Committee are subject to ratification by the full
Texas Historical Commission with the exception of emergency grants. Duties of
the Executive Committee are:
(1) to approve
all policies and guidelines for the administration of the fund or any of its
associated boards and committees;
(2) to approve the acceptance of grants or
other donations of money, property, and/or services from any source. Money
received shall be deposited to the credit of the Texas preservation trust
fund;
(3) to provide final approval
of all trust fund allocations based on advisory board and commission staff
recommendations.
(g) The
Commission, after considering the recommendations of its Executive Committee,
shall appoint a Texas Preservation Trust Fund Advisory Board (herein referred
to as 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 nonprofit historic
preservation organizations.
(h) Members of the advisory board shall serve
a two-year term expiring on February 1 of each odd-numbered year. Advisory
board members may be reappointed. Advisory board members will continue to serve
until a new appointment is made or until reappointed. A member of the advisory
board is not entitled to compensation for their service. The advisory board
shall meet annually in the fall of each year or at other times as determined by
the commission or Executive Director. Duties of the advisory board are:
(1) to make recommendations to the Commission
through the Executive Committee on all trust fund project allocations with the
exception of emergency grants;
(2)
to consult with and advise the Executive Committee and Commission staff on
matters relating to more efficient utilization or enhancement of the trust fund
in order to further the cause of historic preservation throughout Texas;
and
(3) to provide advice and
guidance in their respective area of expertise.
(4) Code of conduct-The Commission Code of
Conduct shall apply to members of the advisory board.
(5) Vacancies-Any vacancy on the advisory
board may be filled at any time in the same manner as the incumbent member was
appointed.
(i) Texas
preservation trust fund staff. The executive director of the Texas Historical
Commission shall organize and supervise the staff for the Texas preservation
trust fund.
(j) Eligible property
or projects. To be considered eligible for grant assistance, a property or
project must:
(1) be included in the National
Register of Historic Places; or
(2)
be designated as a Recorded Texas Historic Landmark; or
(3) be designated as a State Archeological
Landmark (also known as a State Antiquities Landmark); or
(4) be determined by the commission to
qualify as an eligible property under criteria for inclusion in the National
Register of Historic Places or for designation as a Recorded Texas Historic
Landmark or a State Archeological Landmark (also known as a State Antiquities
Landmark);
(5) be determined by the
commission to qualify as a heritage education grant per subsection (o)(4) of
this section; or
(6) be determined
by the commission to qualify as an eligible curation management project per
subsection (o)(5) of this section; or
(7) be determined by the commission to
qualify as an emergency grant project per subsection (o)(6) of this section;
or
(8) be determined by the
commission to qualify as a planning grant project per subsection (o)(3) of this
section.
(k) Eligible
Applicants: Any public or private entity that is the owner, manager, lessee,
maintainer, potential purchaser of an eligible property, or any public or
private entity whose purpose includes historic preservation is eligible for
fund assistance. If applicant is not the owner of the eligible property,
written approval must be submitted by the owner at time of application agreeing
to follow all rules and conditions of the commission required for receipt of
funds.
(l) Submission of initial
grant applications.
(1) Initial grant
application schedules and deadlines will be set by the commission. Application
forms are to be received by the commission at its offices by these
deadlines.
(2) Applicants must
complete the initial grant application form and include all required
documentation as stated in the grant application instruction packet.
(3) Initial grant applications that are
incomplete and/or received after the application deadline are ineligible for
review.
(m) Submission of
project proposals.
(1) Once initial grant
applications are selected to proceed to the project proposal stage, commission
staff will confer with applicants to review the instruction manual for
preparation of the project proposal.
(2) Project proposal schedule and deadlines
will be set by the commission. Project proposals are to be received by the
commission at its offices by these deadlines.
(3) To remain eligible for potential funding,
project proposals must complete the application form and include all required
attachments as stated in the instruction manual.
(4) Project proposals that are incomplete
and/or received after the proposal deadline are ineligible for
funding.
(5) Project proposals with
budgets showing a high percentage of administrative costs will be considered to
be less competitive than applications having little or no administrative
costs.
(6) In kind match request:
although not normally allowed, in exceptional cases an applicant may make a
written request for up to one-half of the total required match to be provided
in-kind by donated materials and labor. The in kind match form must be included
with the project proposal for consideration by the commission.
(n) Grant awards.
(1) Grants are awarded on a competitive basis
to eligible properties or projects judged by the Commission to provide the best
use of limited grant funds or on an emergency basis for properties or
collections deemed highly significant and/or endangered by the Commission. The
Executive Director, with the approval of the Executive Committee or Commission,
will have the authority to award grants on an emergency basis in accordance
with subsection (o)(6) of this section.
(2) Meeting the eligibility criteria and
submissions of a grant application does not guarantee award of a grant in any
amount.
(3) The commission may
consider an appropriate distribution of funds across geographic area,
discipline, or type of preservation grant when making awards.
(o) Types of preservation grants.
Preservation grants shall be awarded only for:
(1) architectural or archeological
development ("preservation," "restoration," "rehabilitation," and
"reconstruction," as defined by the Secretary of the Interior's Standards for
The Treatment of Historic Properties, latest edition or Secretary of the
Interior's Standards for Preservation Planning and Standards for Archeological
Documentation, latest edition); the costs include professional fees to
supervise actual construction, the costs of construction, and related expenses
approved by the commission; or
(2)
architectural or archeological acquisition of absolute ownership of an eligible
property (that is what is defined in subsection (j) of this section) and
related costs and professional fees approved by the commission; or
(3) planning costs necessary for the
preparation of a historic structure reports, historic or cultural resource
reports, preservation plans, maintenance studies, resource surveys, local and
regional preservation plans or surveys, and/or feasibility studies as approved
by the commission; or
(4) heritage
education costs necessary for training individuals and organizations about
historic resources and historic preservation techniques; or
(5) curation management cost necessary for a
professional inventory and/or rehabilitation of state associated held-in-trust
archeological collections (such as processing, cataloging and collections
housing improvements). Held-in-trust collections refer to those State
associated collections under the authority of the Texas Historical Commission
that are placed in a curatorial facility for the care and management;
or
(6) emergency costs necessary
for the acquisition, evaluation, planning or repair of eligible property or
projects as defined in subsection (j) of this section, to reduce or eliminate
an immediate threat, resulting from a natural or man-made disaster. In
consideration of the emergency nature, the commission may develop and adopt
policy and procedures to implement this type of preservation grant with
requirements separate from those in this rule.
(p) Eligible match for grant assistance.
Applicants eligible to receive grant assistance shall provide a minimum of one
dollar in cash match to each state dollar for approved project costs. The
commission or the Executive Director upon designation by the Commission, by
written policy, may approve in-kind match for projects involving highly
significant and endangered properties. In exceptional circumstances and upon
recommendation by the Executive Director of the Commission, the Commission may
also waive the one to one cash match requirement completely, and/or approve any
combination of matching cash or in-kind contribution percentages that the
Commission deems appropriate.
(q)
Grant allocations. Grants shall be allocated by vote of the Commission at large
upon the recommendation of the Executive Committee at any duly noticed meeting
of the commission. Reallocation of returned funds may be made by the Executive
Committee of the commission upon the recommendation of the Executive Director
of the commission.
(r) Starting
project work.
(1) The funding agreement must
be executed prior to starting any project work.
(2) The project start date is typically the
date of the executed funding agreement.
(3) Commencement of project work. Project
work as approved shall commence within 90 days of the assigned start date
unless otherwise approved in writing by the commission. Approved project work
may not begin before the assigned project start date.
(4) If any expenses enumerated in the project
proposal detailed budget do not qualify for grant funds, these expenses will be
identified by the commission and should be either omitted from the scope of
work or separated into a bid alternate for exclusion from the grant funded
work.
(5) Any changes in the scope
of work or significant changes (greater than 10 percent) in the detailed budget
must receive the written approval of the commission prior to
implementation.
(6) Forfeiture of
grant allocation. Failure to meet the deadline for starting the project work,
or to perform any part of the project work as approved, or to receive
permission from the commission before commencing additional work may result in
forfeiture of the full grant amount.
(s) Award of contract.
(1) Architectural development grant projects.
Despite no specific procurement requirements, state, local, or other public
entities are responsible for following appropriate procurement methods as
required by the Texas Government Code or Local Government Code as applicable
for the respective property owned. This may also apply to a non-profit
organization that is funding construction on a publicly owned
property.
(2) Architectural
planning grant projects. The commission recommends that contract for work
described in the project proposal be awarded subsequent to interview with at
least three professional firms.
(t) Grant reimbursement procedures.
(1) All payment of grant funds shall be
strictly on a reimbursement basis with the exception of emergency grants in
accordance with subsection (o)(5) of this section for which the Executive
Committee or Commission may determine other payment methods. Reimbursement may
be made after the competitive award of contract and submission of proof of all
incurred allowable expenses in increments of at least $2,500 or at least 10% of
the total project cost, whichever is lesser; or according to a schedule as
determined by the Executive Director of the Commission; or at the completion of
the project after an acceptable required completion report and/or planning
documents have been received by the commission.
(2) Deadline for submission of requests for
reimbursement. Allowable project expenses equal to two times the grant amount
shall be incurred by the deadlines announced by the commission. Proof of those
incurred expenses and corresponding payments shall be submitted to the
commission by the deadlines announced by the commission.
(3) Forfeiture of grant. Failure to expend
the full grant amount by the deadlines as announced by the commission or to
submit to the commission all required material by the deadline as announced by
the commission may result in forfeiture of the remaining grant amount unless
otherwise approved in writing by the commission.
(u) Deed
restrictions/designations/conservation easements. Acquisition and development
projects shall be encumbered, prior to reimbursement of any project expenses,
with a protective designation, deed restriction, conservation easement (as
defined in Title 8, Natural Resources Code, Chapter 183), or other appropriate
covenants in favor of the state in a format acceptable to the commission. The
deed restriction shall run with the land, be enforceable by the State of Texas,
and its duration will be based upon the cumulative amount of grant assistance.
The terms of the deed restrictions/designations/conservation easements shall be
set by the commission.
(v)
Repayment penalty for resale of property within one year of acquisition. If a
property acquired with a preservation grant is sold within one year of the
purchase date, the project owner may be required to repay the State of Texas
the amount of the grant allocation.
(w) Completion reports. Projects assisted
with acquisition or development grants will be required to submit a project
completion report with copies as determined by the commission, consisting of
photo documentation and project summary prepared by the supervising project
professional, to the commission no later than deadlines announced by the
commission. The commission may require completion reports with appropriate
documentation for planning, heritage education, curation, or emergency grants.
Final reimbursement, in the amount of 10% of the grant allocation may be
retained until receipt of an acceptable completion report by the
commission.
(x) Professional
standards.
(1) Project personnel for
development, curation, and planning grants. Project proposal documents for
development and planning grants shall be prepared by, and development work
supervised by, appropriate personnel in compliance with the following criteria
except as otherwise approved by the Executive Director:
(A) History. The minimum professional
qualifications in history are a graduate degree in history or closely related
field; or a bachelor's degree in history or closely related field plus one of
the following:
(i) at least two years of
full-time experience in research, writing, teaching, interpretation, or other
demonstrable professional activity with an academic institution, historical
organization or agency, museum, or other professional institution; or
(ii) substantial contribution through
research and publication to the body of scholarly knowledge in the field of
history.
(B) Archeology.
The minimum professional qualifications in archeology are a graduate degree in
archeology, anthropology, or closely related field plus:
(i) at least one year of full-time
professional experience or equivalent specialized training in archeological
research, administration, or management of archeological collections;
(ii) at least four months of supervised field
and analytic experience in general North American archeology; and
(iii) demonstrated ability to carry research
to completion.
(iv) In addition to
these minimum qualifications, a professional in prehistoric archeology shall
have at least one year of full-time professional experience at a supervisory
level in the study of archeological resources of the prehistoric period. A
professional in historic archeology shall have at least one year of full-time
professional experience at a supervisory level in the study of archeological
resources of the historic period.
(C) Architectural history. The minimum
professional qualifications in architectural history are a graduate degree in
architectural history, art history, historic preservation, or closely related
field plus one of the following:
(i) at least
two years of full-time experience in research, writing, or teaching in American
architectural history or restoration architecture with an academic institution,
historical organization or agency, museum, or other professional institution;
or
(ii) substantial contribution
through research and publication to the body of scholarly knowledge in the
field of American architectural history.
(D) Architecture. The minimum professional
qualifications in architecture are a professional degree in architecture plus
at least two years of full-time professional experience in architecture; or a
state license to practice architecture.
(2) Project personnel for acquisition grants.
The single appraisal required for acquisition grants shall be prepared by a
professional appraiser.
(3) Project
personnel for heritage education and emergency projects shall be approved by
the Executive Director.
(y) Performance standards. All development
and planning projects must be in conformance with the Secretary of the
Interior's Standards for the Treatment of Historic Properties, latest edition.
All archeological projects must be in conformance with the Secretary of the
Interior's Standards for Preservation Planning and Standards for Archeological
Documentation, latest edition.
(z)
Compliance with requirements for accessibility to facilities by persons with
disabilities. All projects must be in compliance with or in receipt of
appropriate variance from the regulations issued by the Texas Department of
Licensing and Regulation, under Texas Government Code Chapter 469, Elimination
of Architectural Barriers.
(aa)
Compliance with Uniform Grant and Contract Management Act. All projects by
political subdivisions of the state must be in compliance with the Uniform
Grant and Contract Management Act, Texas Government Code Chapter 783.
