The State Preservation Board (Board) adopts amendments to §§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, without changes to the proposed text as published in the January 6, 2012, issue of the Texas Register (37 TexReg 15) and will not be republished.

Senate Bill 1338 of the 82nd Legislature, 2011, amended Texas Government Code Chapter 443, relating to the State Preservation Board. The adopted 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 adopted amendments clarify procedures of the board.

Amended §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. Amended §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. Amended §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.

Amended §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. Amended §111.14(e) clarifies the 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.

Amended §111.15 amends the definition of "film or video production" to conform to the definition of "moving image project" in Texas Government Code §485.021(2).

Amended §111.16 expands the definition of "changes" to include the Capitol Extension building

Amended §111.17(a), (c)(5), (f)(1), (f)(3), and (f)(4) remove references to the collections review committee, which has been abolished. Amended §111.17(c)(2) amends the provision to implement the authority granted to the board by the Legislature in Senate Bill 1338 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. Amended §111.17(d)(2) clarifies procedures.

Amended §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. Amended §111.18(c)(1) and (d)(1) revise the provision to implement the authority granted to the board by the Legislature Senate Bill 1338 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.

Amended §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. Amended §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. Amended §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. Amended §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.

Amended §111.23 clarifies procedures of the board as related to fund-raising. The amended rule includes educational programming and the Bob Bullock Texas State History Museum as categories for donations.

Amended §111.25 implements 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.

Amended §111.27(a)(6) and (7) prohibit smoking in and bringing balloons into the Capitol and Capitol Extension. Amended §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.

New §111.32 is adopted to establish standards of conduct governing the relationship between donors and the board's officers and employees, as required by Texas Government Code Chapter 2255.

New §111.33 is adopted to establish standards of conduct governing the relationship between an affiliated non-profit organization and the board and its officers and employees, as required by Texas Government Code Chapter 2255. 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 amended Texas Government Code Chapter 443, to allow the board to establish additional affiliated non-profit support organizations.

The amendments and new sections are justified by the changes to the Board's enabling statute, Texas Government Code Chapter 443, made by Senate Bill 1338. In addition, the Board has clarified procedures of the Board which should benefit the public in its visitation of the State Capitol and other properties under the jurisdiction of the Board.

No comments were received regarding the proposed amendments and new rules.

The amendments and new rules are adopted under Texas Government Code §443.007(b) which authorizes the board to adopt rules concerning the buildings, their contents, and their grounds. Texas Government Code Chapter 2255, 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 adopted amendments and new rules.