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RULE §21.13Removal of Markers and Monuments

(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, or a monument ("monument") within the Commission's jurisdiction, as defined in §26.3 of this title.

(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; and

  (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 THC.

(c) Marker and monument removal requests shall be submitted to the Commission at 1511 Colorado St., Austin, TX 78701; by mail to P.O. Box 12276, Austin, TX 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 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 a State Antiquities Landmarks, including those also governed by §17.2 of this title 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, assuming said meeting happens at least 20 days after the request is received by the Commission or expiration of the 30-day review period. If the 20-day deadline is not met, the request shall be on the agenda of the following meeting of the Committee.

(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 THC at the requestor's expense.

Source Note: The provisions of this §21.13 adopted to be effective May 26, 2021, 46 TexReg 3251

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