When used in this chapter, the following words or terms have
the following meanings unless the context indicates otherwise:
(1) Texas Historic Courthouse Preservation Program.
Means the grant or loan program created by Texas Government Code §§442.0081
- 442.0083.
(2) The Courthouse Fund Account. Means a separate account
in the general revenue fund. The account consists of transfers made
to account, payment on loans made under the historic courthouse preservation
program, grants and donations received for the purposes of the historic
courthouse preservation program, and income earned on investments
of money in the account.
(3) Texas Courthouse Preservation Program Advisory
Committee. Means a committee that serves the commission in matters
concerning the courthouse program.
(4) Courthouse. Means the principal buildings which
serve as the primary seat of county government of the county in which
it is located, and its surrounding sites (typically the courthouse
square). The courthouse includes additions or annexes physically attached
to the building that were constructed for the purpose of expanding
the functions of the courthouse, but it does not include other freestanding
buildings on the site.
(5) Historic courthouse. Means a building that currently
or previously served as a county courthouse, as defined in paragraph
(4) of this section, and which entered service as a courthouse at
least 50 years prior to the due date of the grant application, using
the first commissioners court meeting as its first date of service.
A historic courthouse may include additions or annexes physically
attached to the courthouse for at least 50 years prior to the due
date of the grant application.
(6) Historic courthouse project. Means an undertaking
to preserve or restore a historic courthouse.
(7) Master preservation plan or master plan. Means
a comprehensive planning document that includes the historical background
of a courthouse, as well as a detailed analysis of its architectural
integrity, current condition, and future needs for preservation. The
commission shall promulgate specific guidelines for developing the
document.
(8) Conservation Easement. Means a voluntary legal
agreement whereby the property owner grants the Commission an interest
in the property for the purpose of preservation of historic, architectural,
scenic and open space values, also may be called a preservation easement.
(9) Construction Documents (also known as contract
documents). Means the written and graphic instructions used for construction
of a project which are prepared by an architect and their engineering
consultants. May also be called architectural plans and specifications.
(10) Restoration. Means the act or process of accurately
depicting the form, features, and character of a property as it appeared
at a particular period of time by means of the removal of features
from other periods in its history and reconstruction of missing features
from the restored period. (As defined by the Secretary of the Interior's
Standards for the Treatment of Historic Properties (1995 edition,
or as revised)).
(11) Reconstruction. Means the act or process of depicting,
by means of new construction, the form, features, and detailing of
a non-surviving site, landscape, building, structure, or object for
the purpose of replicating its appearance at a specific period of
time and in its historic location. (As defined by the Secretary of
the Interior's Standards for the Treatment of Historic Properties
(1995 edition, or as revised)).
(12) Preservation. Means the act or process of applying
measures necessary to sustain the existing form, integrity, and materials
of a historic property. (As defined by the Secretary of the Interior's
Standards for the Treatment of Historic Properties (1995 edition,
or as revised)).
(13) Rehabilitation. Means the act or process of making
possible a compatible use for a property through repair, alterations,
and additions while preserving those portions or features which convey
its historical, cultural, or architectural values. (As defined by
the Secretary of the Interior's Standards for the Treatment of Historic
Properties (1995 edition, or as revised)).
(14) Full restoration. Means a construction grant to
undertake a project to restore a courthouse to its appearance at an
agreed upon restoration period, which includes removing additions
and alterations from later periods and reconstructing features missing
from the restoration period. This treatment applies to the site, exterior
of the courthouse, and interior public spaces such as the corridors,
stairways, and courtrooms. Secondary spaces may be preserved or rehabilitated
rather than restored. Additions or attached annexes must be removed
if they post-date the selected restoration period. Retention or removal
of site features from outside of the restoration period may be evaluated
on a case-by-case basis.
(15) Restoration period. Means the date selected for
the purpose of defining the full restoration of a courthouse, representing
the most significant time in the courthouse's history. Selection of
the restoration period must be justified based on documentary and
physical evidence and surviving integrity of historic materials from
that period, and it must be described in the master plan for the restoration
project. The restoration period represents a time when the building
in its entirety exhibited a cohesive architectural style exemplifying
the work of an architect or a period when the building experienced
a significant historical event.
(16) Match requirement. Means the percentage of the
total project cost that must be provided by a county or municipality.
(17) Current cash match. Means monies to be paid by
a county or municipality as part of the preservation project described
in a current request for grant or loan funding.
(18) Current in-kind match. Materials and labor to
be donated as part of the preservation project described in a current
request for grant or loan funding.
(19) Planning match. Means county or municipal monies
spent on an approved master preservation plan or approved construction
plans and specifications.
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| Source Note: The provisions of this §12.5 adopted to be effective October 31, 1999, 24 TexReg 9277; amended to be effective March 30, 2003, 28 TexReg 2741; amended to be effective July 2, 2006, 31 TexReg 5096; amended to be effective March 6, 2014, 39 TexReg 1357; amended to be effective January 2, 2018, 42 TexReg 7678; amended to be effective November 23, 2023, 48 TexReg 6739 |
