The State Preservation Board (board) proposes amendments to existing rules at 13 Texas Administrative Code (TAC) Chapter 111, §§111.13 - 111.18, 111.20, 111.23, 111.25, 111.27; and new §111.32 and §111.33, concerning rules and regulations of the board.

Senate Bill 1338, 82nd Legislature, Regular Session (2011), amended Texas Government Code, Chapter 443, relating to the State Preservation Board. The proposed amendments and new rules include provisions necessary to implement the changes made by Senate Bill 1338 to Texas Government Code, Chapter 443. In addition, the proposed amendments clarify procedures of the board.

§111.13. Exhibitions in the Capitol and Capitol Extension.

The proposed amendment to §111.13(a)(2) adds vestibules, stairways, and light courts to the definition of public areas of the Capitol and Capitol Extension. This amendment clarifies which areas of the building are under the board's control.

The proposed amendment to §111.13(b) amends the provision to comply with the authority granted by the Legislature in Senate Bill 1338 to charge indirect costs to persons or entities using the Capitol or Capitol Extension for an exhibition. In addition, the amendment clarifies that these costs will be recovered in the form of a fee, as authorized by Texas Government Code §443.019(b). The language referring to amounts deducted from a deposit is removed as those costs will now be part of the fee.

The proposed amendment to §111.13(d) aligns the rule with the current practice of allowing exhibitions to be scheduled two weeks prior to exhibition, rather than four weeks.

§111.14. Events in the Capitol and Capitol Extension.

The proposed amendment to §111.14(b) amends the provision to comply with the authority granted by the Legislature in Senate Bill 1338 to charge indirect costs to persons or entities using the Capitol or Capitol Extension for an event. In addition, the amendment clarifies that these costs will be recovered in the form of a fee, as authorized by Texas Government Code §443.019(b). The language referring to amounts deducted from a deposit is removed as those costs will now be part of the fee.

The proposed amendments to §111.14(e) clarify the new procedures relating to inspection and clean-up. The organizer of the event will be responsible for any costs of additional clean-up or damage repair.

§111.15. Use of the Capitol, Capitol Extension, Capitol Grounds, and General Land Office for Film or Video Production.

The proposal amends the definition of "film or video production" to conform to the definition of "moving image project" in Texas Government Code §485.021(2).

§111.16. Changes to the Capitol Building, General Land Office Building, and Grounds.

The proposal expands the definition of "changes" to include the Capitol Extension building.

§111.17. Capitol Collections Policy.

The proposed amendments to §111.17(a), (c)(5), (f)(1), (3), and (4) remove references to the collections review committee, which has been abolished.

The proposed amendment to §111.17(c)(2) amends the provision to implement the authority granted to the board by the Legislature in Senate Bill 1338, 82nd Legislature, Regular Session (2011), which amended Texas Government Code, Chapter 443, to allow the board to use gifts of property for the purposes specified by the grantor, unless the purpose conflicts with the goal of preserving the historic character of the buildings.

The proposed amendment to §111.17(d)(2) clarifies procedures.

§111.18. Capitol Collections Management Manual.

The proposed amendments to §111.18(b), (b)(2), (b)(3), (b)(4), (c)(3), (d)(2), (d)(4), (d)(6), (d)(7), (e)(1), (e)(4), (f)(1), (f)(2), (g)(2), and (i)(5) clarify procedures and remove references to the collections review committee, which has been abolished.

The proposed amendments to §111.18(c)(1) and (d)(1) revise the provision to implement the authority granted to the board by the Legislature in Senate Bill 1338, 82nd Legislature, Regular Session (2011), which amended Texas Government Code, Chapter 443, to allow the board to use gifts of property for the purposes specified by the grantor, unless the purpose conflicts with the goal of preserving the historic character of the buildings.

§111.20. Use of the Capitol Grounds.

The proposed amendment to §111.20(b) amends the provision to comply with the authority granted by the Legislature in Senate Bill 1338 to charge indirect costs to persons or entities using the Capitol or Capitol Extension for an exhibition. In addition, the amendment clarifies that these costs will be recovered in the form of a fee, as authorized by Texas Government Code §443.019(b). The language referring to amounts deducted from a deposit is removed as those costs will now be part of the fee.

The proposed amendment to §111.20(c)(3) clarifies procedures of the board by adding language stating that scheduled events on the Capitol Grounds should conclude by 9:00 p.m.

The proposed amendment to §111.20(d)(2) aligns the rule with the current practice of allowing events to be scheduled one week before the date requested, rather than three weeks.

The proposed amendments to §111.20(d)(8) clarifies the new procedures relating to inspection and clean-up. The organizer of the event will be responsible for any costs of additional clean-up or damage repair.

§111.23. Fund-Raising Policy.

The proposed amendments to §111.23 clarify procedures of the board as related to fund-raising. The board may raise funds for various programs under its authority. The amended rule includes educational programming and the Bob Bullock Texas State History Museum as categories for donations.

§111.25. Memorials/Monuments on the Capitol Complex.

The proposal amends §111.25 to comply with the authority granted by the Legislature in Senate Bill 1928, 82nd Legislature, Regular Session (2011) to establish an African American Texans memorial monument on the historic Capitol grounds. In addition, the amendment modifies the rule to allow the board to place a Tejano memorial monument on the historic grounds as authorized by Texas Government Code §443.01525.

§111.27. General Rules for Use of the Capitol, Capitol Extension, and Capitol Grounds.

The proposed amendments to §111.27(a)(6) and (7) prohibit smoking in public areas and bringing balloons into the Capitol and Capitol Extension.

The proposed amendment to §111.27(c) amends the provision to comply with the authority granted by the Legislature in Senate Bill 1338 to charge indirect costs to persons or entities using the Capitol or Capitol Extension for an exhibition. In addition, the amendment clarifies that these costs will be recovered in the form of a fee, as authorized by Texas Government Code §443.019(b). The language referring to amounts deducted from a deposit is removed as those costs will now be part of the fee. As the costs will now be in the form of a fee, the language allowing the board the option of charging it as a fee will be removed.

The board proposes to add the following new sections.

§111.32. Standards of Conduct between State Preservation Board Employees and Private Donors.

The proposal adds new §111.32, concerning standards of conduct between State Preservation Board employees and private donors. The board is authorized to accept donations under Texas Government Code §443.010 and §445.011. The new section is proposed to establish standards of conduct governing the relationship between the donor and the board's officers and employees, as required by Texas Government Code, Chapter 2255.

§111.33. Relationship with Affiliated Non-Profit Organization.

The proposal adds new §111.33, concerning the relationship with affiliated non-profit organization. The board is authorized to establish an affiliated non-profit support organization for the Bob Bullock Texas State History Museum under Texas Government Code §445.013. In addition, Senate Bill 1338, 82nd Legislature, Regular Session (2011) amended Texas Government Code, Chapter 443, to allow the board to establish additional affiliated non-profit support organizations. The new section is proposed to establish standards of conduct governing the relationship between the private organization and the board and its officers and employees, as required by Texas Government Code, Chapter 2255.

Cindy Provine, Chief Financial Officer, State Preservation Board, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for state or local governments.

John Sneed, Executive Director, State Preservation Board, has determined that for each year of the first five years the sections are in effect the public benefit will be consistency and clarifications of agency services in providing public use to the Capitol and Capitol Extension for organized activities. There will be no effect on small or micro businesses and there is no anticipated economic cost to persons who are required to comply with the proposed sections.

Comments on the proposed amendments and new sections may be submitted in writing to Julie Fields, Public Information Coordinator, P.O. Box 13286, Austin, Texas 78711. Comments may also be submitted electronically to julie.fields@tspb.state.tx.us or faxed to (512) 475-3366. The deadline for comments is Friday, February 10, 2012 by 5:00 p.m.

The amendments and new sections are proposed under Texas Government Code §443.007(b) which authorizes the board to adopt rules concerning the buildings, their contents, and their grounds; and Texas Government Code, Chapter 2255, which requires state agencies to adopt rules governing the relationship between private organizations, the board, and its employees.

No other statutes, articles or codes are affected by the proposed amendments and new sections.