SECTION 11.24. Delegation of Authority to Executive Director

(a) Delegation of Authority to Executive Director. In addition to any other powers and duties expressly provided by Federal or State law, the executive director is authorized to perform the duties or exercise the powers of the commission as described in this section. The executive director, or his or her designee, is authorized to undertake the following acts:

(1) contract or otherwise provide for discovery operations and scientific investigations under the provisions of §191.053 of the State Antiquities Code;

(2) consider requests for, and issue or deny permits provided for in §§191.054, 191.095, 191.098, and 191.131 of the State Antiquities Code;

(3) contract with other state agencies or political subdivisions and qualified private institutions, corporations or individuals for curation and/or display of artifacts in the agency's custody pursuant to §191.058 of the State Antiquities Code;

(4) apply to any appropriate agency or officer of the United States for participation in any federal program pertaining to historic preservation pursuant to Government Code §442.005(g);

(5) certify to another state agency the worthiness of preservation of any historic district, site, structure, or object significant in Texas or American history, architecture, archeology or culture pursuant to Government Code §442.005(h);

(6) conduct educational programs, seminars, and workshops throughout this state covering any phase of historic preservation pursuant to Government Code §442.005(l);

(7) make a report of the Commission's activities to the Governor and to the legislature at least biennially pursuant to Government Code §442.005(n);

(8) participate in the operation of an affiliated nonprofit organization whose purpose is to raise funds for or provide services or other benefits to the Commission pursuant to Government Code §442.005(p);

(9) review and approve or reject the final form or dimensions of, or text or illustrations on, any marker, monument or medallion pursuant to Government Code §442.006;

(10) enter into contracts or cooperative agreements with the federal government, other state agencies, state or private museums or educational institutions, or qualified persons, including for-profit corporations, for prehistoric or historic archeological investigations, surveys, excavations, or restorations pursuant to Government Code §442.007(c);

(11) approve construction plans and monitor work on the Governor's Mansion, its contents and grounds, and manage the contents of the Mansion including authority to contract with a nonprofit organization to assist in the preservation and maintenance of the Mansion and its grounds and contents, pursuant to Government Code §442.0071;

(12) make the determinations and provide the notifications required pursuant to Government Code §442.008 relating to historic county courthouses;

(13) select businesses to receive the Texas Business Treasure Award pursuant to Government Code §442.020;

(14) lease grazing rights from other parties for proper livestock management pursuant to Government Code §442.104;

(15) review bids and qualifications and provide recommendations to the Texas Facilities Commission before a contract is awarded for the major repair or renovation of a state structure designated by the Texas Historical Commission as a Recorded Texas Historic Landmark pursuant to Government Code §2166.254;

(16) investigate a suspected but unverified cemetery with the consent of the land owner, under Health and Safety Code §711.010;

(17) evaluate a notice of an unverified cemetery, the evidence submitted with the notice, and the response of the land owner, if any, and determine whether there is sufficient evidence of the existence of a cemetery under Health and Safety Code §711.0111 and to provide such information and file such notice as is allowed thereunder;

(18) waive the 60-day waiting period provided in Government Code §442.006, or require an additional waiting period of not longer than 30 days;

(19) administer the County Historical commission program as described in Local Government Code Chapter 318;

(20) review surface mining permit applications and submit any necessary comments pursuant to Natural Resources Code §131.139;

(21) administer the Tax Credit for Certified Rehabilitation of Certified Historic Structures as found in Tax Code Chapter 171 Subchapter S including, but not limited to, the issuance of letters of determination and certificates of eligibility;

(22) certify when a historical name for a farm-to-market or ranch road has been in common usage for at least 50 years pursuant to Transportation Code §225.005;

(23) review and approve plans, programs and materials relating to historical interpretation of the State Cemetery pursuant to Government Code §2165.2561;

(24) contract with one or more nonprofit organizations to fulfill the Commission's duties to administer the Texas Heritage Trails Program pursuant to Government Code §442.0045;

(25) determine whether or not a governmental entity's landmark ordinance meets the requirements of the Certified Local Government program pursuant to Government Code Subtitle Z Chapter 3000;

(26) hire, terminate, assign duties of, evaluate performance of, reward, and set salaries of Texas Historical Commission staff other than the Executive Director;

(27) manage the agency's operating budget, including making adjustments not to exceed 20% of the appropriation for any agency strategy;

(28) request representation on behalf of the Texas Historical Commission from the Office of the Attorney General;

(29) request an opinion of the Attorney General pursuant to Texas Government Code §402.042 on legal issues;

(30) negotiate and contract for services relating to a commission project for a historic site and for construction, restoration, renovation or preservation of any building, structure or landscape related to historic sites under Government Code §402.101;

(31) execute documents necessary for the operation and administration of the agency or necessary to carry out the statutory authority of the agency including but not limited to personnel action forms, timesheets, performance evaluations, hotel/restaurant contracts, telecommuting agreements, contracts and contract revisions, Memorandums of Understanding, Memorandums of Agreement, and Inter-Agency Contracts;

(32) execute documents carrying out decisions of the Commission, including but not limited to grant contracts, Historic Texas Cemetery certifications, curatorial facility certifications, contracts and contract amendments, and notification letters; and

(33) request a letter ruling from the Attorney General under Texas Government Code §551.301 concerning the disclosure of information upon the receipt of a request under the Texas Public Information Act.

(b) This rule does not limit the express powers and responsibilities granted to the executive director in the Texas Government Code or as otherwise set forth in the rules of the commission. The commission's delegation of authority to the executive director under this rule does not divest the commission of that delegated authority, and the commission retains the ability to exercise all powers delegated to it by law when the commission deems it necessary or appropriate to carry out the functions of the commission. This rule does not limit the commission's power to delegate authority to the executive director by order.

Source Note: The provisions of this §11.24 adopted to be effective October 31, 2019, 44 TexReg 6360