| (a) Delegation of Authority to Executive Director.
In addition to any other powers and duties expressly provided by Federal
or State law, the executive director is authorized to perform the
duties or exercise the powers of the commission as described in this
section. The executive director, or his or her designee, is authorized
to undertake the following acts:
(1) contract or otherwise provide for discovery operations
and scientific investigations under the provisions of §191.053
of the State Antiquities Code;
(2) consider requests for, and issue or deny permits
provided for in §§191.054, 191.095, 191.098, and 191.131
of the State Antiquities Code;
(3) contract with other state agencies or political
subdivisions and qualified private institutions, corporations or individuals
for curation and/or display of artifacts in the agency's custody pursuant
to §191.058 of the State Antiquities Code;
(4) apply to any appropriate agency or officer of the
United States for participation in any federal program pertaining
to historic preservation pursuant to Government Code §442.005(g);
(5) certify to another state agency the worthiness
of preservation of any historic district, site, structure, or object
significant in Texas or American history, architecture, archeology
or culture pursuant to Government Code §442.005(h);
(6) conduct educational programs, seminars, and workshops
throughout this state covering any phase of historic preservation
pursuant to Government Code §442.005(l);
(7) make a report of the Commission's activities to
the Governor and to the legislature at least biennially pursuant to
Government Code §442.005(n);
(8) participate in the operation of an affiliated nonprofit
organization whose purpose is to raise funds for or provide services
or other benefits to the Commission pursuant to Government Code §442.005(p);
(9) review and approve or reject the final form or
dimensions of, or text or illustrations on, any marker, monument or
medallion pursuant to Government Code §442.006;
(10) enter into contracts or cooperative agreements
with the federal government, other state agencies, state or private
museums or educational institutions, or qualified persons, including
for-profit corporations, for prehistoric or historic archeological
investigations, surveys, excavations, or restorations pursuant to
Government Code §442.007(c);
(11) approve construction plans and monitor work on
the Governor's Mansion, its contents and grounds, and manage the contents
of the Mansion including authority to contract with a nonprofit organization
to assist in the preservation and maintenance of the Mansion and its
grounds and contents, pursuant to Government Code §442.0071;
(12) make the determinations and provide the notifications
required pursuant to Government Code §442.008 relating to historic
county courthouses;
(13) select businesses to receive the Texas Business
Treasure Award pursuant to Government Code §442.020;
(14) lease grazing rights from other parties for proper
livestock management pursuant to Government Code §442.104;
(15) review bids and qualifications and provide recommendations
to the Texas Facilities Commission before a contract is awarded for
the major repair or renovation of a state structure designated by
the Texas Historical Commission as a Recorded Texas Historic Landmark
pursuant to Government Code §2166.254;
(16) investigate a suspected but unverified cemetery
with the consent of the land owner, under Health and Safety Code §711.010;
(17) evaluate a notice of an unverified cemetery, the
evidence submitted with the notice, and the response of the land owner,
if any, and determine whether there is sufficient evidence of the
existence of a cemetery under Health and Safety Code §711.0111
and to provide such information and file such notice as is allowed
thereunder;
(18) waive the 60-day waiting period provided in Government
Code §442.006, or require an additional waiting period of not
longer than 30 days;
(19) administer the County Historical commission program
as described in Local Government Code Chapter 318;
(20) review surface mining permit applications and
submit any necessary comments pursuant to Natural Resources Code §131.139;
(21) administer the Tax Credit for Certified Rehabilitation
of Certified Historic Structures as found in Tax Code Chapter 171
Subchapter S including, but not limited to, the issuance of letters
of determination and certificates of eligibility;
(22) certify when a historical name for a farm-to-market
or ranch road has been in common usage for at least 50 years pursuant
to Transportation Code §225.005;
(23) review and approve plans, programs and materials
relating to historical interpretation of the State Cemetery pursuant
to Government Code §2165.2561;
(24) contract with one or more nonprofit organizations
to fulfill the Commission's duties to administer the Texas Heritage
Trails Program pursuant to Government Code §442.0045;
(25) determine whether or not a governmental entity's
landmark ordinance meets the requirements of the Certified Local Government
program pursuant to Government Code Subtitle Z Chapter 3000;
(26) hire, terminate, assign duties of, evaluate performance
of, reward, and set salaries of Texas Historical Commission staff
other than the Executive Director;
(27) manage the agency's operating budget, including
making adjustments not to exceed 20% of the appropriation for any
agency strategy;
(28) request representation on behalf of the Texas
Historical Commission from the Office of the Attorney General;
(29) request an opinion of the Attorney General pursuant
to Texas Government Code §402.042 on legal issues;
(30) negotiate and contract for services relating to
a commission project for a historic site and for construction, restoration,
renovation or preservation of any building, structure or landscape
related to historic sites under Government Code §402.101;
(31) execute documents necessary for the operation
and administration of the agency or necessary to carry out the statutory
authority of the agency including but not limited to personnel action
forms, timesheets, performance evaluations, hotel/restaurant contracts,
telecommuting agreements, contracts and contract revisions, Memorandums
of Understanding, Memorandums of Agreement, and Inter-Agency Contracts;
(32) execute documents carrying out decisions of the
Commission, including but not limited to grant contracts, Historic
Texas Cemetery certifications, curatorial facility certifications,
contracts and contract amendments, and notification letters; and
(33) request a letter ruling from the Attorney General
under Texas Government Code §551.301 concerning the disclosure
of information upon the receipt of a request under the Texas Public
Information Act.
(b) This rule does not limit the express powers and
responsibilities granted to the executive director in the Texas Government
Code or as otherwise set forth in the rules of the commission. The
commission's delegation of authority to the executive director under
this rule does not divest the commission of that delegated authority,
and the commission retains the ability to exercise all powers delegated
to it by law when the commission deems it necessary or appropriate
to carry out the functions of the commission. This rule does not limit
the commission's power to delegate authority to the executive director
by order.
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