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TITLE 13CULTURAL RESOURCES
PART 2TEXAS HISTORICAL COMMISSION
CHAPTER 16HISTORIC SITES
RULE §16.6Volunteer Services

(a) The Commission may use the services of volunteers to help carry out the duties and responsibilities of the agency.

  (1) Site managers are responsible for documenting their volunteer program and recording volunteer service to commission both on and off site. Volunteers will be required to sign in and out to verify hours of service and their supervisor will be required to record all program areas and task assignments to volunteers.

  (2) All volunteers will be required to sign a waiver of liability.

  (3) Volunteers may not drive agency vehicles such as cars, trucks and vans. With the permission of the site manager and proof of competency and insurance, a volunteer may operate equipment such as mules, golf carts, tractors and riding mowers. Site staff may transport volunteers in a state vehicle for purposes of carrying out their volunteer assignment.

(b) The Executive Director or his/her designee may waive site entrance fees and overnight fees for a volunteer to assist in the accomplishment of the volunteer's service to the agency.

(c) The Executive Director may expend funds appropriated to the agency from dedicated funding sources for:

  (1) Establishment of an insurance program to protect volunteers in the performance of volunteer service; and

  (2) Recognition of the services of a volunteer or volunteer group.

(d) Volunteers may not speak on behalf of the commission or its historic sites, or sign legal documents such as invoices, receipts, or contracting documents. This does not prevent volunteers from presenting historical information or interpretation to site/museum visitors.

(e) Juvenile volunteers are those persons between the ages of 12 and 18 who express a desire to participate in a recognized volunteer program administered by the Commission at state-owned historic sites and who have secured parental or guardian consent to participate in these volunteer programs. No person under the age of 12 will be permitted to participate in a Commission volunteer program unless the minor's parent or guardian is present at the site and agrees to supervise the minor at all times during the volunteer program.

  (1) Parental or Guardian Authorization.

    (A) All juvenile volunteers must have written authorization and waiver of liability from a parent or guardian to participate in Commission's juvenile volunteer program.

    (B) Parental or guardian authorization must be renewed annually or when the juvenile volunteer's assignment of duties or tasks has been changed. If off-site assignments or field trips are considered, separate written parental or guardian consent will be required prior to the trip.

  (2) Supervision.

    (A) Commission supervisors or trained volunteers will assign all juvenile volunteer duties, tasks, and assignments.

    (B) Juveniles may participate in volunteer activities if they are under the direct control and supervision of their parents or guardians, an experienced Commission staff member, or an experienced adult volunteer.

    (C) In case of an emergency, juvenile volunteers will be treated as visitors, removed from the area of danger, and prohibited from participating in or assigning with the emergency abatement process. Juvenile volunteers may not return to their duties, tasks, or assignments until the emergency has been abated and a Commission staff member or other authorized personnel have determined that it is safe for the juvenile volunteers to return to work.

    (D) Juvenile volunteers must wear safety equipment and clothing where deemed necessary or required by law. Commission sites will provide juvenile volunteers with required safety training and equipment.

  (3) Training. After appropriate training by an authorized Commission staff member, juvenile volunteers may work at all duties and assignments, except those specifically prohibited by law or the Commission listed in paragraph (4) of this subsection.

  (4) Work Assignments. Juvenile volunteers may not be assigned to work on or near hazardous projects or conditions or perform difficult or strenuous tasks such as:

    (A) Specific duties on or around boats;

    (B) Work involving fire, including but not limited to tending, building, lighting, cooking over, extinguishing, and blacksmithing;

    (C) Operating mechanical equipment or motor vehicles;

    (D) Work under certain dangerous weather conditions where the National Weather Bureau or local news media has warned the locality that such conditions may prevail. This includes high winds, floods, tornadoes, hurricanes, blizzards. Juvenile volunteers must be provided shade or other protection from sustained direct sun;

    (E) Assignments involving weapons of any kind, ammunition, or dangerous explosives, including hunting and military demonstrations, without the presence and direct supervision of a parent or guardian during the activity;

    (F) In the operation or management of hoisting equipment;

    (G) In oiling or cleaning machinery in motion;

    (H) In the use of materials with poisons or use dangerous or poisonous chemicals such as pesticides, lead and acids; or

    (I) Working in or around activities where alcoholic beverages are served or handle alcoholic beverages.

  (5) Minors under 16. A minor under 16 years of age may not do any of the following:

    (A) Handle assignments involving manufacturing or mechanical processes;

    (B) Participate in demonstrations using weapons, ammunition, dangerous explosives or black powder;

    (C) Work on a ladder or scaffolding;

    (D) Engage in heavy work in the building trades;

    (E) Operate a motor vehicle of any description;

    (F) Work in animal care or handling; or

    (G) Operate power lawn mowing equipment.

  (6) Juvenile volunteers may not supervise any employee, other volunteer or program participant.


Source Note: The provisions of this §16.6 adopted to be effective August 31, 2010, 35 TexReg 7727; amended to be effective December 31, 2013, 38 TexReg 9499

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