PART 2. TEXAS HISTORICAL COMMISSION
CHAPTER 11. ADMINISTRATION DEPARTMENT
SUBCHAPTER A. ADMINISTRATION
The Texas Historical Commission (hereinafter referred to as the "commission") proposes to amend §11.15, relating to Advisory Committees and Boards. This amendment is proposed to reauthorize and set new expiration dates for the commission's advisory committees and boards.
FISCAL NOTE. Joseph Bell, Executive Director, has determined that for the first five-year period the amended rule is in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the rule.
PUBLIC BENEFIT. Mr. Bell has determined that for the first five-year period the amended rule is in effect, the public benefit will be the increased efficiency and effectiveness in the implementation of the Antiquities Code of Texas, the Texas Preservation Trust Fund, and the National Register of Historic Places through the State Board of Review.
ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. Mr. Bell has determined that there will be no impact on rural communities, small businesses, or micro-businesses as a result of implementing these rules. Accordingly, no regulatory flexibility analysis, as specified in Texas Government Code § 2006.002, is required.
ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT. There are no anticipated economic costs to persons who are required to comply with the amendments to these rules, as proposed. There is no effect on local economy for the first five years that the proposed section is in effect; therefore, no local employment impact statement is required under Texas Government Code §§ 2001.022 and 2001.024(a)(6).
GOVERNMENT GROWTH IMPACT STATEMENT. During the first five years that the amendments would be in effect, the proposed amendments: will not create or eliminate a government program; will not result in the addition or reduction of employees; will not require an increase or decrease in future legislative appropriations; will not lead to an increase or decrease in fees paid to a state agency; will not create a new regulation; will not repeal an existing regulation; and will not result in an increase or decrease in the number of individuals subject to the rule. During the first five years that the amendments would be in effect, the proposed rules will not positively or adversely affect the Texas economy.
TAKINGS IMPACT ASSESSMENT. The Commission has determined that no private real property interests are affected by this proposal and the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code § 2007.043.
PUBLIC COMMENT. Comments on the proposal may be submitted to Bradford Patterson, Deputy Executive Director for Preservation Programs, Texas Historical Commission, P.O. Box 12276, Austin, Texas 78711-2276. Comments will be accepted for 30 days after publication in the Texas Register.
STATUTORY AUTHORITY. The amendment is proposed under Texas Government Code § 442.005, which gives the commission authority to promulgate rules and appoint advisory committees; and § 2110.008, which allows a state agency to provide by rule for the expiration date of an advisory committee.
CROSS REFERENCE TO OTHER LAW. No other statutes, articles or codes are affected by these amendments.
This agency hereby certifies that the proposed amendments have been reviewed by legal counsel and found to be a valid exercise of the agency's authority.
§11.15.Advisory Committees and Boards.
(a) As provided by Texas Government Code, § 442.005(r) the commission may establish advisory committees or boards to advise the commission on archeological and historical matters.
(b) Section 26.5 of this title (relating to Antiquities
Advisory Board) provides for the creation of an Antiquities Advisory
Board whose purpose, tasks and manner for reporting to the agency
are defined therein. Said Board shall be abolished or reauthorized
by rule on or before December 31, 2031 [February 1,
2025].
(c) Section 15.3 of this title (relating to State Board
of Review/National Register) provides for the creation of a State
Board of Review whose purpose, tasks and manner for reporting to the
agency are defined therein. Said Board shall be abolished or reauthorized
by rule on or before December 31, 2031 [February 1,
2025].
(d) Section 17.1 of this title (relating to Texas Preservation
Trust Fund) provides for the creation of a Texas Preservation Trust
Fund Advisory Board whose purpose, tasks and manner for reporting
to the agency are defined therein. Said Board shall be abolished or
reauthorized by rule on or before December 31, 2031 [February
1, 2025].
(e) Pursuant to Chapter 2110 of the Texas Government Code the commission shall annually evaluate the work, usefulness, and cost effectiveness of these advisory committees or boards, and report the same to the Legislative Budget Board biennially with the agency's request for appropriations.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 20, 2024.
TRD-202406168
Joseph Bell
Executive Director
Texas Historical Commission
Earliest possible date of adoption: February 2, 2025
For further information, please call: (512) 463-6100