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,
presentation, or activity held on the grounds.
(2) 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 on the
Grounds.
(3) Capitol grounds--The
area within the historic cast iron fencing; the area lying between the fencing
and city streets that is owned by the state; the esplanade just outside the
east entrance to the Capitol between the gateposts and San Jacinto Street; the
Old General Land Office Building grounds between 11th and 12th Streets and the
Capitol's eastern iron fence and the State Insurance Building; the area
bordered by 11th Street to the south, Colorado Street to the east, Lavaca
Street to the west, and the Westgate Building property to the north; property
north of the Capitol bordered by Colorado Street on the west, San Jacinto
Street on the east and 15th Street on the north, which is not occupied with
other state buildings, or the Texas Employment Workforce Commission Building
property and accompanying terraces. Street right-of-ways within these
boundaries include 14th Street and Congress Avenue.
(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
grounds. A fee is required from persons or entities that use the grounds of the
Capitol 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 of the event or activity, including the
costs of labor, materials, and utilities directly or indirectly attributable to
the event or activity. The fee is required in the office of the State
Preservation Board no later than 24 hours prior to the event.
(c) Criteria for Approval of Grounds Events.
(1) All Capitol grounds events will 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) All events must
have a clear public purpose as described in subsection (a)(2) of this
section.
(3) An event of the
grounds of the Capitol should not exceed 3 hours in length and should conclude
by 9:00 p.m.
(4) Events will not be
approved if they:
(A) promote a commercial
enterprise;
(B) obstruct entrances
or interrupt traffic flow through the building;
(C) obstruct the view of or access to fire
fighting equipment, fire alarm pull stations, or fire hydrants;
(D) involve the use of flammable, hazardous
or odorous chemicals or materials;
(E) involve use of signs or placards attached
to objects that might cause damage to the building or its contents.
(5) Intended use may not interfere
with any legislative session or regular use of the grounds of the Capitol for
transaction of state business.
(6)
Sound equipment, chairs, podiums, tents, or other equipment required for
ceremonies, presentations, or performances must be approved by the office of
the State Preservation Board, but furnished and installed by the requesting
party. Installation approval is subject to inspection.
(7) 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 any event on the
Capitol grounds.
(8) 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.
(9) Fund-raising on the premises is not
allowed unless the fund-raising directly benefits the Capitol 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.
(10) With the exception of businesses
authorized by the State Preservation Board to operate in the Capitol, vendors
and/or the promotion of a commercial enterprise involving the exchange of money
are prohibited.
(d)
Scheduling events.
(1) No more than two
events will be scheduled for the Capitol grounds in one working day.
(2) A written request to schedule an event on
the Capitol grounds must be received by the office of the State Preservation
Board one week before the date requested.
(3) Requests must be accompanied by the State
Preservation Board event agreement form 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 areas
on the Capitol Grounds being requested for the event;
(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) No signs or
placards displayed or available for display during the event may be carried
into the Capitol building. No signs or placards may be attached to any part of
the Capitol, including but not limited to fences, lampposts, trees, etc. except
as approved by the board.
(6) A
properly approved and signed request to use the grounds for a lawful public
purpose shall constitute tacit acceptance by the organizer of all legal and
financial liability for any damage to state property, or for any personal
injury, caused by the described activity, or occurring as the approximate
result of the activity.
(7)
Approval shall not be granted when it is determined from the request that
physical damage to state property (including but not limited to the Capitol's
exterior walls, doors, windows or lighting, monuments, fencing, lampposts,
walkways, driveways, curbs, signage, irrigation system, trees, grass, plants,
or flower beds) may result from the described activity. No torches, candles, or
other open-flame illuminating devices or fires are allowed for use on the
grounds.
(8) 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.