Texas Government Code, Chapter 442, §442.008, requires
that the Texas Historical Commission review changes made to courthouse
structures.
(1) Definitions. The following words and terms, when
used in this section, shall have the following meaning, unless the
context clearly indicates otherwise.
(A) Demolish--To remove, in whole or part. Demolition
of historical or architectural integrity includes removal of historic
architectural materials such as, but not limited to, materials in
the following categories: site work, concrete, masonry, metals, carpentry,
thermal and moisture protection, doors and windows, finishes, specialties,
equipment, furnishings, special construction, conveying systems, mechanical
and electrical.
(B) Sell--To give up (property) to another for money
or other valuable consideration; this includes giving the property
to avoid maintenance, repair, etc.
(C) Lease--To let a contract by which one conveys real
estate, equipment, or facilities for a specified term and for a specified
rent.
(D) Damage--To alter, in whole or part. Damage to historical
or architectural integrity includes alterations of structural elements,
decorative details, fixtures, and other material.
(E) Integrity--Refers to the physical condition and
therefore the capacity of the resource to convey a sense of time and
place or historic identity. Integrity is a quality that applies to
location, design, setting, materials, and workmanship. It refers to
the clarity of the historic identity possessed by a resource. In terms
of architectural design, to have integrity means that a building still
possesses much of its mass, scale, decoration, and so on, of either
the period in which it was conceived and built, or the period in which
it was adapted to a later style which has validity in its own rights
as an expression of historical character or development. The question
of whether or not a building possesses integrity is a question of
the building's retention of sufficient fabric to be identifiable as
a historic resource. For a building to possess integrity, its principal
features must be sufficiently intact for its historic identity to
be apparent. A building that is significant because of its historic
association(s) must retain sufficient physical integrity to convey
such association(s).
(F) Courthouse--The principal building(s) which houses
county government offices and courts and its (their) surrounding site(s),
including the courthouse square and its associated site features,
such as hardscape, fences, lampposts and monuments.
(G) Hardscape--Features built into a landscape made
of hard materials such as wood, stone or concrete, such as but not
limited to paved areas, roads, driveways, pools, fountains, concrete
walkways, stairways, culverts or walls.
(H) Monuments--Refer to Chapter 26, §26.3(42)
of this title.
(I) Ordinary maintenance and repairs--Work performed
to architectural or site materials which does not cause removal or
alteration or concealment of that material.
(2) Procedure.
(A) Notice of alterations to county courthouse.
(i) A county may not demolish, sell, lease, or damage
the historical or architectural integrity of any building that serves
or has served as a county courthouse without notifying the commission
of the intended action at least six months before the date on which
it acts. Any alteration to the historical or architectural integrity
of the exterior or interior requires notice to the commission.
(ii) If the commission determines that a courthouse
has historical significance worthy of preservation, the commission
shall notify the commissioners court of the county of that fact not
later than the 30th day after the date on which the commission received
notice from the county. A county may not demolish, sell, lease, or
damage the historical or architectural integrity of a courthouse before
the 180th day after the date on which it received notice from the
commission. The commission shall cooperate with any interested person
during the 180-day period to preserve the historical integrity of
the courthouse.
(iii) A county proceeding with alterations to its courthouse
in violation of Texas Government Code, §442.008 and this section
may be subject to civil penalties under Texas Government Code, §442.011.
(iv) the relocation or removal of monuments from a
courthouse square is governed by 13 TAC §21.13 this title (relating
to Removal of Markers and Monuments).
(B) Notice from the county to the commission. At least
six months prior to the proposed work on a county courthouse, a letter
from the county judge briefly describing the project should be submitted
to the commission, along with construction documents, sketches or
drawings which adequately describe the full scope of project work
and photographs of the areas affected by the proposed changes.
(C) The commission will consider the opinions of interested
parties with regard to the preservation of the courthouse per Texas
Government Code, §442.008(b).
(D) Notice from the commission to the commissioner's
court of the county. Written notice of the commission's determination
regarding the historical significance of a courthouse for which work
is proposed shall include comments pursuant to a review of the proposed
work by the commission. Comments shall be made based on the Secretary
of the Interior's Standards for the Treatment of Historic Properties
1992 or latest edition, which are summarized in clauses (i) - (iii)
of this subparagraph:
(i) Definitions for historic preservation project treatment.
(I) Preservation is defined as the act or process of
applying measures necessary to sustain the existing form, integrity,
and materials of an historic property. Work, including preliminary
measures to protect and stabilize the property, generally focuses
upon the ongoing maintenance and repair of historic materials and
features rather than extensive replacement and new construction. New
exterior additions are not within the scope of this treatment; however,
the limited and sensitive upgrading of mechanical, electrical, and
plumbing systems and other code-required work to make properties functional
is appropriate within a preservation project.
(II) Rehabilitation is defined as the act or process
of making possible a compatible use for a property through repair,
alterations, and additions while preserving those portions or features
which convey its historical, cultural, or architectural values.
(III) Restoration is defined as the act or process
of accurately depicting the form, features, and character of a property
as it appeared at a particular period of time by means of the removal
of features from other periods in its history and reconstruction of
missing features from the restoration period. The limited and sensitive
upgrading of mechanical, electrical, and plumbing systems and other
code-required work to make properties functional is appropriate within
a restoration project.
(IV) Reconstruction is defined as the act or process
of depicting, by means of new construction, the form features, and
detailing of a non-surviving site, landscape, building, structure,
or object for the purpose of replicating its appearance at a specific
period of time and in its historic location.
(ii) General standards for historic preservation projects.
(I) A property shall be used as it was historically,
or be given a new use that maximizes the retention of distinctive
materials, features, spaces, and spatial relationships. Where a treatment
and use have not been identified, a property shall be protected and,
if necessary, stabilized until additional work may be undertaken.
(II) The historic character of a property shall be
retained and preserved. The replacement of intact or repairable historic
materials or alteration of features, spaces, and spatial relationships
that characterize a property shall be avoided.
(III) Each property shall be recognized as a physical
record of its time, place and use. Work needed to stabilize, consolidate,
and conserve existing historic materials and features shall be physically
and visually compatible, identifiable upon close inspection, and properly
documented for future research.
(IV) Changes to a property that have acquired historic
significance in their own right shall be retained and preserved.
(V) Distinctive materials, features, finishes, and
construction techniques or examples of craftsmanship that characterize
a property shall be preserved.
(VI) The existing condition of historic features shall
be evaluated to determine the appropriate level of intervention needed.
Where the severity of deterioration requires repair or limited replacement
of a distinctive feature, the new material shall match the old in
composition, design, color, and texture.
(VII) Chemical or physical treatments, if appropriate,
shall be undertaken using the gentlest means possible. Treatments
that cause damage to historic materials shall not be used.
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