Texas Register, Volume 38, Number 9, Pages 1269-1452, March 1, 2013 Page: 1,306
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(d) Interim protection and notification. Once a valid nomina-
tion for a landmark building or structure has been received and the
commission's staff determines the property is eligible for designation,
no project work may be undertaken on the property without a permit
issued by the commission unless or until the commission denies the
nomination or designation. Information regarding this protection will
be included in the commission's notice on the nomination to the prop-
(e) Presentation of nominations. Following staff evaluation
and recommendations, nominations will be presented to the Antiqui-
ties Advisory Board. Written notice of the presentation will be sent to
the owner. The Antiquities Advisory Board will review each nomina-
tion, the staff recommendations related to each nomination, and any
testimony given by the owner of the property and the public at large.
The Antiquities Advisory Board will then pass on its recommendations
regarding each nomination to the commission. The chair of the Antiq-
uities Advisory Board, or one of the other commission members who
serve on the board, will present the nomination and recommendations
to the commission at one of its public meetings.
(f) Comment period. No vote on final designation may be
taken by the commission for a minimum period of 30 days, during
which time all concerned parties may present evidence in support of
or against designation of the property. Comments may be submitted
to the commission at any time prior to the designation vote described
in subsection (g) of this section, including during public testimony at
the commission meeting where the vote will occur. Comments should
address the property's merits in light of the criteria specified in 26.10
- 26.12 and 26.19 of this title.
(1) Political subdivisions. Comments may address the fis-
cal impact on a political subdivision from the designation of a building
or structure owned by the political subdivision, per 191.092(h) of the
Texas Natural Resources Code.
(2) Institutions of higher education. Comments may ad-
dress the impact on an institution of higher education from the desig-
nation of a building or land owned by the institution. If an institution of
higher education notifies the commission during this timeframe that it
protests to the proposed designation of a building or land under its con-
trol as a landmark, the matter becomes a contested case under the pro-
visions of the Administrative Procedure Act, Texas Government Code,
Chapter 2001. The hearing officer and the commission will follow the
procedures and take into account the criteria listed in 191.021(b) of
the Texas Natural Resources Code. Weighing these criteria against the
criteria specified in 26.10 - 26.12 and 26.19 of this title, the com-
mission shall designate a property under the control of an institution of
higher education as a landmark only if the record before the commis-
sion establishes by clear and convincing evidence that such designation
would be in the public interest.
(g) Presentation of designation and designation vote. After the
minimum comment period of 30 days has elapsed, the commission may
consider the property for designation at one of its public meetings. The
owners of the property will be informed of the agenda by written notice
at least 15 calendar days in advance of the meeting date. Any person
may present evidence or testify at the meeting when the final decision
is to be made. The commission may then vote to designate, to deny
designation, to request further information, or to make any other deci-
(h) Additional evidence. If designation of a property is denied,
the owner or applicant may present additional evidence at any time for
the commission's reconsideration. The new evidence will be consid-
ered by the commission at a duly-noticed meeting.
(i) Additional hearings. Any owner of a property designated as
a landmark who is aggrieved by the designation procedure as applied to
his or her property will receive a full evidentiary hearing upon request,
or the formal designation can be removed by action of the commission.
(j) Notification of designation. Written notification of the
commission's decision regarding the designation of a property as a
landmark will be forwarded to the owner.
(k) Listing and marking of landmarks. If a property is offi-
cially designated as a landmark, the property will be listed in the com-
mission's inventory, a current list of all historic buildings, structures,
sites, objects, and districts so designated. Landmarks may be marked
with a marker or medallion, to be installed by commission staff or de-
(1) Archeological sites designated as landmarks may be
marked with a landmark marker, if deemed appropriate by the com-
mission. The UTM coordinate of the marker will be retained in the
(2) Historic buildings and structures designated as land-
marks may be marked with a medallion bearing the words "State Antiq-
uities Landmark". Third-party nominators shall pay the cost associated
with the medallion. A photograph of the installed medallion showing
its context will be retained in the commission's records.
(1) Privileged or restricted information. The location of arche-
ological sites is not public information. However, information on sites
may be disclosed to qualified professionals as provided by Chapter 24
of this title (relating to Restricted Cultural Resource Information).
(m) For previously designated landmarks, commission staff
may propose an amendment to clarify the designation boundaries, na-
ture of the property's significance, or other information pertinent to the
designation. The commission shall follow the process in this section in
considering such an amendment.
,26.9. Designation of Private Property.
(a) Designation procedure. Cultural resources of national,
state, or local significance in private ownership may be nominated
by individuals or institutions holding title to the property on which
the resources are located. The nomination must be submitted to the
commission on a form approved by the commission. In addition to
the nomination requirements listed in 26.8(a) of this title (relating to
Designation Procedures for Publicly Owned Landmarks), the nomi-
nation must be accompanied by proof of ownership, such as a deed
record. The nomination form shall contain language that expressly
states the owner's consent to landmark designation by signing the
form. A site, building, or structure on privately owned property, which
is designated as a landmark by the commission, is afforded the same
protection under the Antiquities Code of Texas as resources on public
property. The nomination and designation hearing process for the
designation of privately owned property will follow the same basic
procedures set forth in 26.8 of this title.
(b) Recordation and marking of landmarks on private property.
Upon designation, the commission shall record the property owner's
consent and notice of the designation in the deed records of the county
in which the property is located, provide the property owner with a
copy of the filed instrument, and retain a copy of the filed instrument in
the commission's records. Landmarks shall be marked with a marker or
medallion, to be installed by commission staff or designee immediately
(1) Archeological sites designated as landmarks shall be
marked with a landmark marker. The UTM coordinate of the marker
will be retained in the commission's records.
38 TexReg 1306 March 1, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 9, Pages 1269-1452, March 1, 2013, periodical, March 1, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth308911/m1/38/: accessed June 17, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.