|(a) Buildings, structures, and objects as defined in
Chapter 26 of this code may be designated as Recorded Texas Historic
Landmarks (hereafter referred to as "RTHLs"), provided the following
conditions are met:
(1) The property is associated with events that have
made a significant contribution to the broad patterns of our history
or that are associated with the lives of persons significant in our
(2) The property embodies the distinctive characteristics
of a type, period, or method of construction, represents the work
of a master, possesses high artistic values, or represents a significant
and distinguishable entity whose components may lack individual distinction;
(3) The property retains integrity at the time of the
nomination, as determined by the executive director of the commission;
(4) The property, including the buildings, structures,
and objects subject to the designation per subsection (b) of this
section, is at least 50 years of age; and
(5) The owner(s) of the property at the time of nomination
consents to this designation, which runs with the land and remains
in effect under all future owners.
(b) At the choice of the legal owner(s) at the time
of nomination, designation either applies to all buildings, structures,
and objects, and their setting within the legal description of the
property; or applies only to the specific buildings, structures, or
objects that are the subject of the nomination and does not affect
any other buildings, structures, or objects within the legal description
of the property. Prior to designation, commission staff will evaluate
whether each nominated building, structure, and object meets the criteria
for designation and may recommend changes, subject to owner approval.
(c) Evidence of RTHL designation shall be recorded
by the commission in the deed records for the county where the RTHL
property is located. Designation becomes effective upon recording.
RTHLs designated prior to 2020 remain valid based on approval by the
commission; however, if the designation is not recorded, Texas Government
Code, §442.016 shall not apply.
(d) RTHL designation shall be indicated on the Official
Texas Historical Marker installed at the site after the designation
has been approved by the commission and recorded. However, RTHL designation
shall be effective until removed by the commission, whether or not
the marker remains in place.
(e) Once designated, RTHL properties are subject to
provisions of the Texas Government Code, §§442.006(f), 442.011,
and 442.016; rules of the commission, including §21.11 of this
title (relating to Review of Work on Recorded Texas Historic Landmarks);
and other applicable administrative rules.
|Source Note: The provisions of this §21.6 adopted to be effective August 28, 2003, 28 TexReg 6814; amended to be effective November 30, 2006, 31 TexReg 9599; amended to be effective September 11, 2013, 38 TexReg 5873; amended to be effective November 22, 2020, 45 TexReg 8128