Section 17.1 - Texas Preservation Trust Fund(a) Definition. The Texas preservation trust fund (hereinafter referred to as trust fund or fund) is a fund in the state treasury, created by enactment of Senate Bill 294 by the 71st Texas Legislature (1989), which amended the Texas Government Code, Chapter 442, by adding §442.015. The trust fund shall consist of transfers made to the fund, including state and federal legislative appropriations, grants, donations, proceeds of sales, loan repayments, interest income earned by the fund, and any other monies received. Funds may be received from federal, state, or local government sources, organizations, charitable trusts and foundations, private individuals, business or corporate entities, estates, or any other source.(b) Purpose. The purpose of the Texas preservation trust fund is to serve as a source of funding for the Texas Historical Commission (Commission) to provide financial assistance to qualified applicants for the acquisition, survey, restoration, preservation, or for planning and educational activities leading to the preservation, of historic properties and associated collections in the State of Texas.(c) Types of assistance. Commission shall provide financial assistance in the form of grants or loans. Grant recipients shall be required to follow the terms and conditions of the Preservation Trust Fund Grants and other terms and conditions imposed by Commission at the time of the grant award. Loans shall have a term not to exceed five years at an interest rate at the prime interest rate at the time the loan is made.(d) Allowable use of trust fund monies. In all cases when no specification is made, or the specified amount is less than $5,000 the proceeds and/or interest on such gifts or monies shall be unencumbered and shall accrue to the benefit of the entire fund. Money deposited to the fund for specific projects shall only be used for the projects specified provided that the specific project has received approval of the Commission, there is or will be a dedicated account within the Trust Fund for that project, and all other requirements herein are met. Money deposited to specified projects in amounts of $5,000 or greater shall retain all proceeds or interest earned for that specified project unless the donor stipulates that all proceeds or interest earned shall be unencumbered and accrue to the benefit of the entire fund.(e) Organization. The Texas preservation trust fund shall be administered by the Commission through its Executive Committee. The trust fund advisory board, and commission staff shall provide support and input as needed.(f) All actions of the Executive Committee are subject to ratification by the full Texas Historical Commission with the exception of emergency grants. Duties of the Executive Committee are: (1) to approve all policies and guidelines for the administration of the fund or any of its associated boards and committees;(2) to approve the acceptance of grants or other donations of money, property, and/or services from any source. Money received shall be deposited to the credit of the Texas preservation trust fund;(3) to provide final approval of all trust fund allocations based on advisory board and commission staff recommendations.(g) The Commission, after considering the recommendations of its Executive Committee, shall appoint a Texas Preservation Trust Fund Advisory Board (herein referred to as advisory board) composed of: (1) one representative of a bank or savings and loan association;(2) one attorney with a recognized background in historic preservation;(3) two architects with substantial experience in historic preservation;(4) two archeologists with substantial experience in Texas archeology;(5) one real estate professional with experience in historic preservation;(6) two persons with demonstrated commitment to historic preservation; and(7) two directors of nonprofit historic preservation organizations.(h) Members of the advisory board shall serve a two-year term expiring on February 1 of each odd-numbered year. Advisory board members may be reappointed. Advisory board members will continue to serve until a new appointment is made or until reappointed. A member of the advisory board is not entitled to compensation for their service. The advisory board shall meet annually in the fall of each year or at other times as determined by the commission or Executive Director. Duties of the advisory board are: (1) to make recommendations to the Commission through the Executive Committee on all trust fund project allocations with the exception of emergency grants;(2) to consult with and advise the Executive Committee and Commission staff on matters relating to more efficient utilization or enhancement of the trust fund in order to further the cause of historic preservation throughout Texas; and(3) to provide advice and guidance in their respective area of expertise.(4) Code of conduct-The Commission Code of Conduct shall apply to members of the advisory board.(5) Vacancies-Any vacancy on the advisory board may be filled at any time in the same manner as the incumbent member was appointed.(i) Texas preservation trust fund staff. The executive director of the Texas Historical Commission shall organize and supervise the staff for the Texas preservation trust fund.(j) Eligible property or projects. To be considered eligible for grant assistance, a property or project must: (1) be included in the National Register of Historic Places; or(2) be designated as a Recorded Texas Historic Landmark; or(3) be designated as a State Archeological Landmark (also known as a State Antiquities Landmark); or(4) be determined by the commission to qualify as an eligible property under criteria for inclusion in the National Register of Historic Places or for designation as a Recorded Texas Historic Landmark or a State Archeological Landmark (also known as a State Antiquities Landmark);(5) be determined by the commission to qualify as a heritage education grant per subsection (o)(4) of this section; or(6) be determined by the commission to qualify as an eligible curation management project per subsection (o)(5) of this section; or(7) be determined by the commission to qualify as an emergency grant project per subsection (o)(6) of this section; or(8) be determined by the commission to qualify as a planning grant project per subsection (o)(3) of this section.(k) Eligible Applicants: Any public or private entity that is the owner, manager, lessee, maintainer, potential purchaser of an eligible property, or any public or private entity whose purpose includes historic preservation is eligible for fund assistance. If applicant is not the owner of the eligible property, written approval must be submitted by the owner at time of application agreeing to follow all rules and conditions of the commission required for receipt of funds.(l) Submission of initial grant applications.(1) Initial grant application schedules and deadlines will be set by the commission. Application forms are to be received by the commission at its offices by these deadlines.(2) Applicants must complete the initial grant application form and include all required documentation as stated in the grant application instruction packet.(3) Initial grant applications that are incomplete and/or received after the application deadline are ineligible for review.(m) Submission of project proposals.(1) Once initial grant applications are selected to proceed to the project proposal stage, commission staff will confer with applicants to review the instruction manual for preparation of the project proposal.(2) Project proposal schedule and deadlines will be set by the commission. Project proposals are to be received by the commission at its offices by these deadlines.(3) To remain eligible for potential funding, project proposals must complete the application form and include all required attachments as stated in the instruction manual.(4) Project proposals that are incomplete and/or received after the proposal deadline are ineligible for funding.(5) Project proposals with budgets showing a high percentage of administrative costs will be considered to be less competitive than applications having little or no administrative costs.(6) In kind match request: although not normally allowed, in exceptional cases an applicant may make a written request for up to one-half of the total required match to be provided in-kind by donated materials and labor. The in kind match form must be included with the project proposal for consideration by the commission.(n) Grant awards. (1) Grants are awarded on a competitive basis to eligible properties or projects judged by the Commission to provide the best use of limited grant funds or on an emergency basis for properties or collections deemed highly significant and/or endangered by the Commission. The Executive Director, with the approval of the Executive Committee or Commission, will have the authority to award grants on an emergency basis in accordance with subsection (o)(6) of this section.(2) Meeting the eligibility criteria and submissions of a grant application does not guarantee award of a grant in any amount.(3) The commission may consider an appropriate distribution of funds across geographic area, discipline, or type of preservation grant when making awards.(o) Types of preservation grants. Preservation grants shall be awarded only for: (1) architectural or archeological development ("preservation," "restoration," "rehabilitation," and "reconstruction," as defined by the Secretary of the Interior's Standards for The Treatment of Historic Properties, latest edition or Secretary of the Interior's Standards for Preservation Planning and Standards for Archeological Documentation, latest edition); the costs include professional fees to supervise actual construction, the costs of construction, and related expenses approved by the commission; or(2) architectural or archeological acquisition of absolute ownership of an eligible property (that is what is defined in subsection (j) of this section) and related costs and professional fees approved by the commission; or(3) planning costs necessary for the preparation of a historic structure reports, historic or cultural resource reports, preservation plans, maintenance studies, resource surveys, local and regional preservation plans or surveys, and/or feasibility studies as approved by the commission; or(4) heritage education costs necessary for training individuals and organizations about historic resources and historic preservation techniques; or(5) curation management cost necessary for a professional inventory and/or rehabilitation of state associated held-in-trust archeological collections (such as processing, cataloging and collections housing improvements). Held-in-trust collections refer to those State associated collections under the authority of the Texas Historical Commission that are placed in a curatorial facility for the care and management; or(6) emergency costs necessary for the acquisition, evaluation, planning or repair of eligible property or projects as defined in subsection (j) of this section, to reduce or eliminate an immediate threat, resulting from a natural or man-made disaster. In consideration of the emergency nature, the commission may develop and adopt policy and procedures to implement this type of preservation grant with requirements separate from those in this rule.(p) Eligible match for grant assistance. Applicants eligible to receive grant assistance shall provide a minimum of one dollar in cash match to each state dollar for approved project costs. The commission or the Executive Director upon designation by the Commission, by written policy, may approve in-kind match for projects involving highly significant and endangered properties. In exceptional circumstances and upon recommendation by the Executive Director of the Commission, the Commission may also waive the one to one cash match requirement completely, and/or approve any combination of matching cash or in-kind contribution percentages that the Commission deems appropriate.(q) Grant allocations. Grants shall be allocated by vote of the Commission at large upon the recommendation of the Executive Committee at any duly noticed meeting of the commission. Reallocation of returned funds may be made by the Executive Committee of the commission upon the recommendation of the Executive Director of the commission.(r) Starting project work. (1) The funding agreement must be executed prior to starting any project work.(2) The project start date is typically the date of the executed funding agreement.(3) Commencement of project work. Project work as approved shall commence within 90 days of the assigned start date unless otherwise approved in writing by the commission. Approved project work may not begin before the assigned project start date.(4) If any expenses enumerated in the project proposal detailed budget do not qualify for grant funds, these expenses will be identified by the commission and should be either omitted from the scope of work or separated into a bid alternate for exclusion from the grant funded work.(5) Any changes in the scope of work or significant changes (greater than 10 percent) in the detailed budget must receive the written approval of the commission prior to implementation.(6) Forfeiture of grant allocation. Failure to meet the deadline for starting the project work, or to perform any part of the project work as approved, or to receive permission from the commission before commencing additional work may result in forfeiture of the full grant amount.(s) Award of contract. (1) Architectural development grant projects. Despite no specific procurement requirements, state, local, or other public entities are responsible for following appropriate procurement methods as required by the Texas Government Code or Local Government Code as applicable for the respective property owned. This may also apply to a non-profit organization that is funding construction on a publicly owned property.(2) Architectural planning grant projects. The commission recommends that contract for work described in the project proposal be awarded subsequent to interview with at least three professional firms.(t) Grant reimbursement procedures. (1) All payment of grant funds shall be strictly on a reimbursement basis with the exception of emergency grants in accordance with subsection (o)(5) of this section for which the Executive Committee or Commission may determine other payment methods. Reimbursement may be made after the competitive award of contract and submission of proof of all incurred allowable expenses in increments of at least $2,500 or at least 10% of the total project cost, whichever is lesser; or according to a schedule as determined by the Executive Director of the Commission; or at the completion of the project after an acceptable required completion report and/or planning documents have been received by the commission.(2) Deadline for submission of requests for reimbursement. Allowable project expenses equal to two times the grant amount shall be incurred by the deadlines announced by the commission. Proof of those incurred expenses and corresponding payments shall be submitted to the commission by the deadlines announced by the commission.(3) Forfeiture of grant. Failure to expend the full grant amount by the deadlines as announced by the commission or to submit to the commission all required material by the deadline as announced by the commission may result in forfeiture of the remaining grant amount unless otherwise approved in writing by the commission.(u) Deed restrictions/designations/conservation easements. Acquisition and development projects shall be encumbered, prior to reimbursement of any project expenses, with a protective designation, deed restriction, conservation easement (as defined in Title 8, Natural Resources Code, Chapter 183), or other appropriate covenants in favor of the state in a format acceptable to the commission. The deed restriction shall run with the land, be enforceable by the State of Texas, and its duration will be based upon the cumulative amount of grant assistance. The terms of the deed restrictions/designations/conservation easements shall be set by the commission.(v) Repayment penalty for resale of property within one year of acquisition. If a property acquired with a preservation grant is sold within one year of the purchase date, the project owner may be required to repay the State of Texas the amount of the grant allocation.(w) Completion reports. Projects assisted with acquisition or development grants will be required to submit a project completion report with copies as determined by the commission, consisting of photo documentation and project summary prepared by the supervising project professional, to the commission no later than deadlines announced by the commission. The commission may require completion reports with appropriate documentation for planning, heritage education, curation, or emergency grants. Final reimbursement, in the amount of 10% of the grant allocation may be retained until receipt of an acceptable completion report by the commission.(x) Professional standards.(1) Project personnel for development, curation, and planning grants. Project proposal documents for development and planning grants shall be prepared by, and development work supervised by, appropriate personnel in compliance with the following criteria except as otherwise approved by the Executive Director: (A) History. The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one of the following: (i) at least two years of full-time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historical organization or agency, museum, or other professional institution; or(ii) substantial contribution through research and publication to the body of scholarly knowledge in the field of history.(B) Archeology. The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely related field plus: (i) at least one year of full-time professional experience or equivalent specialized training in archeological research, administration, or management of archeological collections;(ii) at least four months of supervised field and analytic experience in general North American archeology; and(iii) demonstrated ability to carry research to completion.(iv) In addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the historic period.(C) Architectural history. The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation, or closely related field plus one of the following: (i) at least two years of full-time experience in research, writing, or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution; or(ii) substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history.(D) Architecture. The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years of full-time professional experience in architecture; or a state license to practice architecture.(2) Project personnel for acquisition grants. The single appraisal required for acquisition grants shall be prepared by a professional appraiser.(3) Project personnel for heritage education and emergency projects shall be approved by the Executive Director.(y) Performance standards. All development and planning projects must be in conformance with the Secretary of the Interior's Standards for the Treatment of Historic Properties, latest edition. All archeological projects must be in conformance with the Secretary of the Interior's Standards for Preservation Planning and Standards for Archeological Documentation, latest edition.(z) Compliance with requirements for accessibility to facilities by persons with disabilities. All projects must be in compliance with or in receipt of appropriate variance from the regulations issued by the Texas Department of Licensing and Regulation, under Texas Government Code Chapter 469, Elimination of Architectural Barriers.(aa) Compliance with Uniform Grant and Contract Management Act. All projects by political subdivisions of the state must be in compliance with the Uniform Grant and Contract Management Act, Texas Government Code Chapter 783.13 Tex. Admin. Code § 17.1
The provisions of this §17.1 adopted to be effective August 24, 2006, 31 TexReg 6507; Amended by Texas Register, Volume 42, Number 52, December 29, 2017, TexReg 7683, eff. 1/2/2018; Amended by Texas Register, Volume 44, Number 43, October 25, 2019, TexReg 6362, eff. 10/31/2019