|(a) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Exhibit--Any display of artwork, including paintings,
sculptures, arts and crafts; photographs; public service and general
interest presentations; and historical displays.
(2) Public areas of the Capitol and Capitol Extension--The
hallways, entrances, vestibules, stairways, light courts, rotundas,
and other areas adjacent to or near the rotunda.
(3) Public purpose--The promotion of the public health,
education, safety, general welfare, security, and prosperity of all
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
in the public areas of the Capitol and Capitol Extension.
(4) State Official Sponsor--The Governor, the Lieutenant
Governor, the Speaker of the Texas House of Representatives, a Texas
Senator, or member of the Texas House of Representatives may sponsor
exhibits proposed by his or her constituents. The State Official Sponsor
is responsible for determining that an exhibit meets all applicable
rules. Potential exhibitors are advised to consult with their proposed
Sponsor regarding whether additional rules apply.
(b) Any exhibit approved and scheduled pursuant to
this section by the office of the State Preservation Board is hereby
adopted as government speech, and shall be accompanied by a statement
identifying the State Official Sponsor and indicating the approval
of the office of the State Preservation Board.
(c) Fees and Costs. No fee is required from persons
or entities that use the Capitol and Capitol Extension for an exhibit.
However, the State Preservation Board may require any exhibitor to
cover the direct and indirect costs to the state of the exhibit, including
the costs of labor, materials, and utilities directly or indirectly
attributable to the exhibit, including costs of assembling, displaying
and removing exhibits.
(d) Criteria for Exhibit Consideration.
(1) Exhibits may be approved and scheduled by the office
of the State Preservation Board.
(2) Exhibits will not be considered for display unless
they serve a public purpose as defined in subsection (a)(3) of this
(3) To be considered, a request must be accompanied
(A) a detailed description of the exhibit, including
dimensions of the space required, how the exhibit will be displayed,
and every word to be conveyed by the exhibit;
(B) a clear photograph of the entire exhibit, preferably
as it will be displayed, or a scale drawing if a photograph is not
(C) a brief statement of the purpose of the exhibit;
(D) statement of a State Official Sponsor as described
in subsection (a)(4) of this section that the exhibit meets the criteria
and is appropriate for adoption as government speech.
(4) Incomplete requests will not be considered.
(5) Exhibits must be tastefully exhibited. The office
of the State Preservation Board reserves the right to require the
exhibitor to make any changes to the exhibit.
(6) Exhibit space will be assigned at the discretion
of the office of the State Preservation Board, considering factors
such as the size, scope, and design of the exhibit. Exhibits will
not be approved for display in the Capitol rotunda in order to maintain
its historic presence.
(7) To be considered for display, an exhibit must be
freestanding. Art and photographic exhibits must be secured to tripods,
backdrops, or freestanding displays. Exhibits may not:
(A) hang from or attach to walls or railings;
(B) obstruct entrances;
(C) interrupt traffic flow through the building;
(D) damage walls, woodwork, or floors;
(E) obstruct the view or access to fire-fighting equipment
or fire alarm pull stations; or
(F) involve the use of any flammable, hazardous, or
odorous chemicals or materials, torches, or other open-flame illuminating
devices or fires.
(8) Exhibits will not be considered for display as
government speech in the Capitol and Capitol Extension if they:
(A) feature one individual's artwork for the purpose
of commercially advertising that person's artwork;
(B) promote a commercial enterprise;
(C) have no public purpose; or
(D) have an illegal purpose.
(9) If other than routine security provided by Capitol
police is needed for the exhibit, the exhibitor will bear such costs.
The State of Texas, the State Preservation Board, or any employee
of the State Preservation Board shall not be held liable in case of
damage or loss to an exhibit while it is on display in the Capitol
and Capitol Extension.
(e) Scheduling exhibits.
(1) Because exhibits in the Capitol and Capitol Extension
are government speech, the State Preservation Board retains discretion
regarding how long to display an exhibit. Exhibits typically are displayed
for up to 5 working days.
(2) The office of the State Preservation Board may
shorten or extend the display time for exhibits.
(3) No more than one exhibit will be approved for display
on the same day in a designated area of the Capitol and Capitol Extension.
(4) A written request using State Preservation Board
forms to display an exhibit must be received by the office of the
State Preservation Board no later than two weeks prior to the first
day of the time being requested.
|Source Note: The provisions of this §111.13 adopted to be effective November 30, 1987, 12 TexReg 4297; amended to be effective November 1, 1988, 13 TexReg 5271; amended to be effective February 5, 1990, 15 TexReg 339; 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 3524; amended to be effective July 1, 2012, 37 TexReg 4891; amended to be effective July 20, 2020, 45 TexReg 4968