| (a) Any individual, group, or county historical commission
(CHC) may request removal of an Official Texas Historical Marker ("marker"),
as defined in §21.3 of this title (relating to Definitions),
or a monument ("monument") within the Commission's jurisdiction, as
defined in §26.3 of this title (relating to Definitions). Staff
of the Commission may also propose removal of a Recorded Texas Historic
Landmark (hereafter referred to as "RTHL" ) marker if such a property
no longer meets the criteria for designation established in §21.6
of this title (relating to Recorded Texas Historic Landmark Designation).
(b) With the exception of monuments that are State
Antiquities Landmarks or included within the boundaries of State Antiquities
Landmarks, which shall follow procedures as described in §191.097
and 191.098 of title 9 of the Natural Resources Code as well as applicable
rules adopted thereunder, requests for removal of a historical marker
or monument shall include:
(1) the name and contact information for the requesting
individual, group, or CHC;
(2) the name and location of the marker or monument
for which removal is requested;
(3) justification for removal of the marker or monument;
(4) narrative history and photographs of the marker
or monument;
(5) written owner consent for removal from the landowner
for sites not located on state land;
(6) a plan explaining how the marker or monument will
be removed in such a way as to protect its condition and be delivered
to a location approved by the Commission; and
(7) For RTHLs only, notification of any proposed work
sufficient to meet the requirements of §21.11 of this title (relating
to Review of Work on Recorded Texas Historic Landmarks).
(c) Marker and monument removal requests shall be submitted
to the Commission at 1511 Colorado St., Austin, Texas 78701; by mail
to P.O. Box 12276, Austin, Texas 78711; or by email to thc@thc.texas.gov.
The Commission will send a copy of the request and supporting materials
to the County Historical Commission (CHC) for the county in which
the marker or monument is located, return receipt requested. In the
absence of a formally-established CHC, a copy will be submitted to
the county judge, return receipt requested.
(d) The CHC or county judge shall have 30 days from
the date of receipt of the request to submit a response to the Commission
if they wish to do so. The CHC's or county judge's response shall
consist of not more than 10 single-sided pages of material printed
in a font size no smaller than 11 and shall be signed by the chair
of the CHC or by the county judge.
(e) The Commission's History Programs Committee ("Committee")
shall consider requests for removal of markers and monuments that
are not State Antiquities Landmarks or located within the boundaries
of State Antiquities Landmarks, including those also governed by §17.2
of this title (relating to Review of Work on County Courthouses) and §442.008(a)
of title 4 of the Government Code.
(f) The Committee shall include the request on the
agenda of its next scheduled meeting after the applicable timeline
has been fulfilled:
(1) For RTHLs, the Commission must receive a request
for removal of the designation at least 90 days prior to the Committee
meeting at which the request will be considered, to allow sufficient
time for the notification and review process established in §21.11
of this title and Texas Government Code, §442.006(f).
(2) For all other markers and monuments, the Commission
must receive a request for removal at least 20 days prior to the Committee
meeting at which the request will be considered. Further, the 30-day
review period referred to in subsection (d) of this section must have
expired or a response received from the CHC or county judge before
the Commission may take action on such a request.
(g) The Committee may choose to take public testimony
on the request. If public testimony is invited, such testimony may
be limited by the Committee chair to a period of time allocated per
speaker.
(h) Upon consideration of a removal request, the Committee
shall make a recommendation to the Commission on whether to approve
or deny the removal request. The recommendation of the Committee shall
be placed on the agenda of the full Commission meeting immediately
following the Committee meeting for approval or denial.
(i) The Commission shall notify the requesting individual,
group, or CHC, and CHC for the county in which the marker or monument
is located of the Commission's decision.
(j) If the request is approved by the Commission, the
person who submitted the removal request must arrange for removal
of the marker or monument in such a way as to protect its condition
and deliver it to a location approved by the Commission at the requestor's
expense.
(k) Approval by the Commission of the removal of an
RTHL marker constitutes removal of the designation on the property.
Pursuant to §21.6 of this title, RTHL designation shall be effective
until removed by the commission, whether or not the marker remains
in place. Should the waiting period imposed under §21.11 of this
title expire prior to Commission consideration of a marker removal
request submitted pursuant to this rule, the property owner may proceed
with their project as proposed. However, after expiration of the waiting
period and before proceeding with any work that may damage the marker,
such as demolition of a building on which a marker is mounted, the
property owner must arrange for removal of the marker in such a way
as to protect its condition and deliver it to a location approved
by Commission staff at the owner's expense.
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