| (a) Definition. The Texas preservation trust fund (hereinafter
referred to as trust fund or fund) is a fund in the state treasury,
created by enactment of Senate Bill 294 by the 71st Texas Legislature
(1989), which amended the Texas Government Code, Chapter 442, by adding §442.015.
The trust fund shall consist of transfers made to the fund, including
state and federal legislative appropriations, grants, donations, proceeds
of sales, loan repayments, interest income earned by the fund, and
any other monies received. Funds may be received from federal, state,
or local government sources, organizations, charitable trusts and
foundations, private individuals, business or corporate entities,
estates, or any other source.
(b) Purpose. The purpose of the Texas preservation
trust fund is to serve as a source of funding for the Texas Historical
Commission (Commission) to provide financial assistance to qualified
applicants for the acquisition, survey, restoration, preservation,
or for planning and educational activities leading to the preservation,
of historic properties and associated collections in the State of
Texas.
(c) Types of assistance. Commission shall provide financial
assistance in the form of grants or loans. Grant recipients shall
be required to follow the terms and conditions of the Preservation
Trust Fund Grants and other terms and conditions imposed by Commission
at the time of the grant award. Loans shall have a term not to exceed
five years at an interest rate at the prime interest rate at the time
the loan is made.
(d) Allowable use of trust fund monies. In all cases
when no specification is made, or the specified amount is less than
$5,000 the proceeds and/or interest on such gifts or monies shall
be unencumbered and shall accrue to the benefit of the entire fund.
Money deposited to the fund for specific projects shall only be used
for the projects specified provided that the specific project has
received approval of the Commission, there is or will be a dedicated
account within the Trust Fund for that project, and all other requirements
herein are met. Money deposited to specified projects in amounts of
$5,000 or greater shall retain all proceeds or interest earned for
that specified project unless the donor stipulates that all proceeds
or interest earned shall be unencumbered and accrue to the benefit
of the entire fund.
(e) Organization. The Texas preservation trust fund
shall be administered by the Commission through its Executive Committee.
The trust fund advisory board, and commission staff shall provide
support and input as needed.
(f) All actions of the Executive Committee are subject
to ratification by the full Texas Historical Commission with the exception
of emergency grants. Duties of the Executive Committee are:
(1) to approve all policies and guidelines for the
administration of the fund or any of its associated boards and committees;
(2) to approve the acceptance of grants or other donations
of money, property, and/or services from any source. Money received
shall be deposited to the credit of the Texas preservation trust fund;
(3) to provide final approval of all trust fund allocations
based on advisory board and commission staff recommendations.
(g) The Commission, after considering the recommendations
of its Executive Committee, shall appoint a Texas Preservation Trust
Fund Advisory Board (herein referred to as advisory board) composed
of:
(1) one representative of a bank or savings and loan
association;
(2) one attorney with a recognized background in historic
preservation;
(3) two architects with substantial experience in historic
preservation;
(4) two archeologists with substantial experience in
Texas archeology;
(5) one real estate professional with experience in
historic preservation;
(6) two persons with demonstrated commitment to historic
preservation; and
(7) two directors of nonprofit historic preservation
organizations.
(h) Members of the advisory board shall serve a two-year
term expiring on February 1 of each odd-numbered year. Advisory board
members may be reappointed. Advisory board members will continue to
serve until a new appointment is made or until reappointed. A member
of the advisory board is not entitled to compensation for their service.
The advisory board shall meet annually in the fall of each year or
at other times as determined by the commission or Executive Director.
Duties of the advisory board are:
(1) to make recommendations to the Commission through
the Executive Committee on all trust fund project allocations with
the exception of emergency grants;
(2) to consult with and advise the Executive Committee
and Commission staff on matters relating to more efficient utilization
or enhancement of the trust fund in order to further the cause of
historic preservation throughout Texas; and
(3) to provide advice and guidance in their respective
area of expertise.
(4) Code of conduct--The Commission Code of Conduct
shall apply to members of the advisory board.
(5) Vacancies--Any vacancy on the advisory board may
be filled at any time in the same manner as the incumbent member was
appointed.
(i) Texas preservation trust fund staff. The executive
director of the Texas Historical Commission shall organize and supervise
the staff for the Texas preservation trust fund.
(j) Eligible property or projects. To be considered
eligible for grant assistance, a property or project must:
(1) be included in the National Register of Historic
Places; or
(2) be designated as a Recorded Texas Historic Landmark;
or
(3) be designated as a State Archeological Landmark
(also known as a State Antiquities Landmark); or
(4) be determined by the commission to qualify as an
eligible property under criteria for inclusion in the National Register
of Historic Places or for designation as a Recorded Texas Historic
Landmark or a State Archeological Landmark (also known as a State
Antiquities Landmark);
(5) be determined by the commission to qualify as a
heritage education grant per subsection (o)(4) of this section; or
(6) be determined by the commission to qualify as an
eligible curation management project per subsection (o)(5) of this
section; or
(7) be determined by the commission to qualify as an
emergency grant project per subsection (o)(6) of this section; or
(8) be determined by the commission to qualify as a
planning grant project per subsection (o)(3) of this section.
(k) Eligible Applicants: Any public or private entity
that is the owner, manager, lessee, maintainer, potential purchaser
of an eligible property, or any public or private entity whose purpose
includes historic preservation is eligible for fund assistance. If
applicant is not the owner of the eligible property, written approval
must be submitted by the owner at time of application agreeing to
follow all rules and conditions of the commission required for receipt
of funds.
(l) Submission of initial grant applications.
(1) Initial grant application schedules and deadlines
will be set by the commission. Application forms are to be received
by the commission at its offices by these deadlines.
(2) Applicants must complete the initial grant application
form and include all required documentation as stated in the grant
application instruction packet.
(3) Initial grant applications that are incomplete
and/or received after the application deadline are ineligible for
review.
(m) Submission of project proposals.
(1) Once initial grant applications are selected to
proceed to the project proposal stage, commission staff will confer
with applicants to review the instruction manual for preparation of
the project proposal.
(2) Project proposal schedule and deadlines will be
set by the commission. Project proposals are to be received by the
commission at its offices by these deadlines.
(3) To remain eligible for potential funding, project
proposals must complete the application form and include all required
attachments as stated in the instruction manual.
(4) Project proposals that are incomplete and/or received
after the proposal deadline are ineligible for funding.
(5) Project proposals with budgets showing a high percentage
of administrative costs will be considered to be less competitive
than applications having little or no administrative costs.
(6) In kind match request: although not normally allowed,
in exceptional cases an applicant may make a written request for up
to one-half of the total required match to be provided in-kind by
donated materials and labor. The in kind match form must be included
with the project proposal for consideration by the commission.
(n) Grant awards.
(1) Grants are awarded on a competitive basis to eligible
properties or projects judged by the Commission to provide the best
use of limited grant funds or on an emergency basis for properties
or collections deemed highly significant and/or endangered by the
Commission. The Executive Director, with the approval of the Executive
Committee or Commission, will have the authority to award grants on
an emergency basis in accordance with subsection (o)(6) of this section.
(2) Meeting the eligibility criteria and submissions
of a grant application does not guarantee award of a grant in any
amount.
(3) The commission may consider an appropriate distribution
of funds across geographic area, discipline, or type of preservation
grant when making awards.
(o) Types of preservation grants. Preservation grants
shall be awarded only for:
(1) architectural or archeological development ("preservation,"
"restoration," "rehabilitation," and "reconstruction," as defined
by the Secretary of the Interior's Standards for The Treatment of
Historic Properties, latest edition or Secretary of the Interior's
Standards for Preservation Planning and Standards for Archeological
Documentation, latest edition); the costs include professional fees
to supervise actual construction, the costs of construction, and related
expenses approved by the commission; or
(2) architectural or archeological acquisition of absolute
ownership of an eligible property (that is what is defined in subsection
(j) of this section) and related costs and professional fees approved
by the commission; or
(3) planning costs necessary for the preparation of
a historic structure reports, historic or cultural resource reports,
preservation plans, maintenance studies, resource surveys, local and
regional preservation plans or surveys, and/or feasibility studies
as approved by the commission; or
(4) heritage education costs necessary for training
individuals and organizations about historic resources and historic
preservation techniques; or
(5) curation management cost necessary for a professional
inventory and/or rehabilitation of state associated held-in-trust
archeological collections (such as processing, cataloging and collections
housing improvements). Held-in-trust collections refer to those State
associated collections under the authority of the Texas Historical
Commission that are placed in a curatorial facility for the care and
management; or
(6) emergency costs necessary for the acquisition,
evaluation, planning or repair of eligible property or projects as
defined in subsection (j) of this section, to reduce or eliminate
an immediate threat, resulting from a natural or man-made disaster.
In consideration of the emergency nature, the commission may develop
and adopt policy and procedures to implement this type of preservation
grant with requirements separate from those in this rule.
(p) Eligible match for grant assistance. Applicants
eligible to receive grant assistance shall provide a minimum of one
dollar in cash match to each state dollar for approved project costs.
The commission or the Executive Director upon designation by the Commission,
by written policy, may approve in-kind match for projects involving
highly significant and endangered properties. In exceptional circumstances
and upon recommendation by the Executive Director of the Commission,
the Commission may also waive the one to one cash match requirement
completely, and/or approve any combination of matching cash or in-kind
contribution percentages that the Commission deems appropriate.
(q) Grant allocations. Grants shall be allocated by
vote of the Commission at large upon the recommendation of the Executive
Committee at any duly noticed meeting of the commission. Reallocation
of returned funds may be made by the Executive Committee of the commission
upon the recommendation of the Executive Director of the commission.
(r) Starting project work.
(1) The funding agreement must be executed prior to
starting any project work.
(2) The project start date is typically the date of
the executed funding agreement.
(3) Commencement of project work. Project work as approved
shall commence within 90 days of the assigned start date unless otherwise
approved in writing by the commission. Approved project work may not
begin before the assigned project start date.
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