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RULE §111.20Use of the Capitol Grounds

(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.

Source Note: The provisions of this §111.20 adopted to be effective March 21, 1989, 14 TexReg 1277; amended to be effective February 5, 1990, 15 TexReg 339; amended to be effective September 6, 1990, 15 TexReg 4897; amended to be effective November 12, 1991, 16 TexReg 6129; amended to be effective April 12, 1994, 19 TexReg 2197; amended to be effective April 30, 2000, 25 TexReg 3526; amended to be effective July 1, 2012, 37 TexReg 4891

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