Texas Administrative Code
Title 13 - CULTURAL RESOURCES
Part 2 - TEXAS HISTORICAL COMMISSION
Chapter 26 - PRACTICE AND PROCEDURE
Subchapter D - HISTORIC BUILDINGS AND STRUCTURES
Section 26.24 - Compliance with Rules for Historic Buildings and Structures Permits
Current through Reg. 50, No. 13; March 28, 2025
(a) Failure to seek a permit. Public owners, project sponsors, project architects, and professional firms shall not perform work on a historic building or structure that is designated as a landmark or nominated for designation as a landmark without applying for and having been issued a Historic Buildings and Structures Permit by the commission, or without having been officially authorized by the commission to proceed prior to issuance of an emergency permit. Work proceeding without a properly issued permit, with the knowledge of the public owner or project sponsor, constitutes a violation of the Antiquities Code of Texas and this chapter. The commission may require that remedial work be performed under a properly issued permit to address any damage to the landmark or may deny issuance of a permit for the work and prevent authorization for a development project to proceed relative to jurisdiction under the Antiquities Code of Texas. The commission may also censure a project architect or professional firm for performing unauthorized work, in accordance with subsection (c) of this section.
(b) Noncompliance with permit terms. If the permittee, project sponsor, project architect, professional firm, contractor, or craftsperson fails to comply with the terms of a permit, the commission may take action to bring the permit into compliance or censure the responsible firm or individual in accordance with subsection (c) of this section. Noncompliance includes failure to comply with any of the rules of the commission, any of the terms of the specific permit involved, or the Secretary of the Interior's Standards for the Treatment of Historic Properties; failure to properly conduct or complete the project, to complete any required reports, or to meet the terms and conditions of defaulted permits; or failure to act in the best interest of the state.
(c) Censure. The Antiquities Advisory Board may recommend that the commission censure a project architect, professional firm, contractor, or craftsperson. Such censure will result in the denial of permits to a project architect or professional firm, or the inability of a contractor or craftsperson to perform work under a permit, for a six-month period. Commission staff will send a letter of reprimand for each offense. More than one offense in a one year period could result in permit censuring for a period of six months for each offense.
(d) The commission may seek other remedies in accordance with Texas Natural Resources Code, Title 9, Chapter 191, Subchapter F (concerning Enforcement).