Current through Reg. 49, No. 38; September 20, 2024
(a)
Definitions. The following words and terms, when used in this section, shall
have the following meanings, unless the context clearly indicates otherwise.
(1) Event--Any performance, ceremony, or
presentation held in the public areas of the Capitol, Capitol Extension, or on
the Capitol Grounds.
(2) Public
areas of Capitol and Capitol Extension--The hallways, entrances, rotundas,
other areas adjacent to and near the rotunda, central gallery, state seal
court.
(3) Public purpose--The
promotion of the public health, education, safety, morals, general welfare,
security, and prosperity of all of the inhabitants or residents within the
state, the sovereign powers of which are exercised to promote such public
purpose or public business. The chief test of what constitutes a public purpose
is that the public generally must have a direct interest in the purpose and the
community at large is to be benefitted. This does not include activities which
promote a specific viewpoint or issue and could be considered lobbying.
Political rallies, receptions, and campaign activities are prohibited in the
public areas of the Capitol and Capitol Extension.
(4) State official sponsor--The Governor, the
Lieutenant Governor, the Speaker of the Texas House of Representatives, a Texas
Senator, or a member of the Texas House of Representatives.
(b) Fee for use of Capitol or
Capitol Extension. A fee is required from persons or entities that use the
Capitol or Capitol Extension for an event or other scheduled activity. The fee
is in an amount set by the office of the State Preservation Board designed to
recover the estimated direct and indirect costs to the state for the event,
including the costs of labor, materials, and utilities directly or indirectly
attributable to the event. The fee is required in the office of the State
Preservation Board no later than 24 hours prior to the event or other scheduled
activity.
(c) Event Approval
Criteria for Capitol and Capitol Extension.
(1) Events shall be approved and scheduled by
the office of the State Preservation Board upon the recommendation of a state
official sponsor as described in subsection (a)(4) of this section.
(2) Events must be for a public purpose as
defined in subsection (a)(3) of this section.
(3) Requests must be submitted on forms
provided by the State Preservation Board and be accompanied by:
(A) a detailed description of the event,
including equipment and props to be used, and anticipated length and
scope;
(B) a brief statement of the
purpose of the event;
(C) the area
in the Capitol or Capitol Extension being requested;
(D) a list of all electrical equipment and
power requirements for each piece of equipment;
(E) a recommendation from the state official
sponsor as described in subsection (a)(4) of this section.
(4) Incomplete requests will not be
considered.
(5) Events in the
Capitol or Capitol Extension should not exceed 45 minutes in length.
(6) Performances in the Capitol rotunda are
allowed only between 12:00 p.m. and 1:00 p.m.
(7) Events will not be approved if they:
(A) have no obvious public purpose;
(B) are determined by the office of the State
Preservation Board to be inappropriate to the historical setting of the Capitol
or Capitol Extension;
(C) promote a
commercial enterprise;
(D) obstruct
entrances or interrupt traffic flow through the building;
(E) have the potential to cause damage to
state property (including, but not limited to, the Capitol's exterior walls,
interior walls, doors, windows, woodwork, or floors);
(F) obstruct the view of or access to
fire-fighting equipment, fire alarm pull stations, or fire hydrants;
(G) involve the use of any flammable,
hazardous, or odorous chemicals or materials, torches, candles, or other
open-flame illuminating devices or fire, or are determined to be a fire hazard
by the Capitol Fire Marshal;
(H)
involve use of signs or placards attached to objects that might cause damage to
the Capitol, Capitol Extension or Capitol Grounds.
(8) Events may not interfere with any
legislative session or regular use of the Capitol or Capitol Extension for
transaction of state business.
(9)
Sound equipment, chairs, podiums, or other equipment ordinarily required for
ceremonies, presentations, or performances may be used only with prior approval
by the office of the State Preservation Board, and shall be furnished by the
requesting party. Installation approval is subject to inspection.
(10) The State of Texas, the State
Preservation Board, or any employee of the State Preservation Board are not
liable for any injury which may occur to any person during events.
(11) All art, photographic exhibits, banners,
streamers, or posters, used during an event must be on freestanding displays.
Such materials may not be hung from walls or railings.
(12) Fund-raising on the premises is not
allowed unless the fund-raising directly benefits the Capitol, Capitol
Extension or Capitol Grounds, or unless it is part of the gubernatorial
inaugural, or a similar event approved by the board, and the funds are used to
help defray the costs of the event.
(13) With the exception of businesses
authorized by the State Preservation Board, vendors and/or the promotion of a
commercial enterprise involving the exchange of money are prohibited.
(14) Security requirements other than that
routinely provided by Capitol police are the responsibility of the organizers;
however, the office of the State Preservation Board must approve any additional
security arrangements.
(d) Scheduling Events in the Capitol and
Capitol Extension.
(1) No more than two
events will be scheduled for either the Capitol, Capitol Extension or Capitol
Grounds in one working day.
(2) A
written request to schedule an event must be received by the office of the
State Preservation Board no later than one week before the date
requested.
(e) General
provisions. Upon completion of the event, organizers will be held responsible
for clean-up of the area. State Preservation Board will conduct an inspection
of the area to determine whether it was adequately cleaned. The organizer(s)
will be responsible for the costs of any additional clean-up or damage repair.
The organizer(s) may be present at this inspection by contacting the office of
the State Preservation Board.
