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RULE §21.6Recorded Texas Historic Landmark Designation

(a) Buildings, structures, and objects as defined in Chapter 26 of this code may be designated as Recorded Texas Historic Landmarks (hereafter referred to as "RTHLs"), provided the following conditions are met:

  (1) The property is associated with events that have made a significant contribution to the broad patterns of our history or that are associated with the lives of persons significant in our past;

  (2) The property embodies the distinctive characteristics of a type, period, or method of construction, represents the work of a master, possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction;

  (3) The property retains integrity at the time of the nomination, as determined by the executive director of the commission;

  (4) The property, including the buildings, structures, and objects subject to the designation per subsection (b) of this section, is at least 50 years of age; and

  (5) The owner(s) of the property at the time of nomination consents to this designation, which runs with the land and remains in effect under all future owners.

(b) At the choice of the legal owner(s) at the time of nomination, designation either applies to all buildings, structures, and objects, and their setting within the legal description of the property; or applies only to the specific buildings, structures, or objects that are the subject of the nomination and does not affect any other buildings, structures, or objects within the legal description of the property. Prior to designation, commission staff will evaluate whether each nominated building, structure, and object meets the criteria for designation and may recommend changes, subject to owner approval.

(c) Evidence of RTHL designation shall be recorded by the commission in the deed records for the county where the RTHL property is located. Designation becomes effective upon recording. RTHLs designated prior to 2020 remain valid based on approval by the commission; however, if the designation is not recorded, Texas Government Code, §442.016 shall not apply.

(d) RTHL designation shall be indicated on the Official Texas Historical Marker installed at the site after the designation has been approved by the commission and recorded. However, RTHL designation shall be effective until removed by the commission, whether or not the marker remains in place.

(e) Once designated, RTHL properties are subject to provisions of the Texas Government Code, §§442.006(f), 442.011, and 442.016; rules of the commission, including §21.11 of this title (relating to Review of Work on Recorded Texas Historic Landmarks); and other applicable administrative rules.

Source Note: The provisions of this §21.6 adopted to be effective August 28, 2003, 28 TexReg 6814; amended to be effective November 30, 2006, 31 TexReg 9599; amended to be effective September 11, 2013, 38 TexReg 5873; amended to be effective November 22, 2020, 45 TexReg 8128

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