Tex. Gov't Code Section 442.0045
Delegation of Certain Powers and Duties


(a)

Except as provided by Subsection (b), the commission by order or rule may delegate to the executive director the authority to perform the duties or exercise the powers of the commission under this chapter or other law, including Chapter 191 (Antiquities Code), Natural Resources Code.

(b)

The commission may not delegate to the executive director the following powers and duties:

(1)

proposing and adopting commission policies and rules;

(2)

developing and approving the commission’s strategic plan under Chapter 2056 (Strategic Plans of Operation) and annual operations plan and periodically updating and reviewing those plans;

(3)

approving the commission’s legislative appropriations request;

(4)

approving the commission’s biennial budget and any significant amendments to that budget;

(5)

approving the statewide comprehensive preservation plan;

(6)

providing information to the legislature regarding the commission’s budget and policies;

(7)

hiring, evaluating, terminating, and setting the compensation of the executive director;

(8)

formally accepting gifts and grants to the commission;

(9)

establishing advisory committees and appointing the members of those committees;

(10)

designating, and removing the designation of, State Archeological Landmarks;

(11)

excusing a commissioner’s absence from a meeting of the commission;

(12)

approving the designation and removal of Recorded Texas Historic Landmarks, historic cemeteries, and Official Texas Historical Markers;

(13)

designating official main street cities;

(14)

awarding historic courthouse preservation program grants, certified local government grants, Texas preservation trust fund account grants, and all other grants;

(15)

selecting the winners of the governor’s award for historic preservation and other competitive statewide awards awarded by the commission;

(16)

approving curatorial facilities to hold state-associated collections that are held in trust;

(17)

acquiring and disposing of real property;

(18)

establishing fees for commission services;

(19)

approving amendments to contracts entered into by the commission if the amendment extends the contract by six or more months or increases the contract price by 10 percent or more;

(20)

identifying and defining the relationship between the commission and any affiliated nonprofit organization;

(21)

raising issues regarding the performance of the commission’s staff and the operation of agency programs with the chair, the executive director, or the appropriate deputy executive director;

(22)

determining whether a property offered to the commission should be accepted into the commission’s land banking program or as a historic site; and

(23)

recommending, in partnership with the Texas State Historical Association, a nominee for appointment by the governor as state historian.

(c)

A delegation under this section may be amended or withdrawn by commission vote.
Added by Acts 2019, 86th Leg., R.S., Ch. 178 (H.B. 1422), Sec. 3, eff. September 1, 2019.

Source: Section 442.0045 — Delegation of Certain Powers and Duties, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­442.­htm#442.­0045 (accessed May 4, 2024).

442.001
Definitions
442.002
Commission
442.003
Purpose of Commission
442.004
Personnel
442.005
General Powers and Duties of Commission
442.006
State Historical Marker Program
442.007
State Archeological Program
442.008
County Courthouses
442.009
Consumer Information and Complaints
442.010
Audits
442.011
Penalty
442.012
Lawsuits
442.013
No Effect on Other Organizations and Activities
442.014
Main Street Program
442.015
Texas Preservation Trust Fund Account
442.016
Liability for Adversely Affecting Historic Structure or Property
442.017
Identification and Preservation of Abandoned Cemeteries
442.018
Identification and Preservation of Texas Underground Railroad Historical Sites
442.019
Tom Lea Trail
442.020
Texas Treasure Awards
442.0021
Commission Members: Training
442.021
El Camino Real De Los Tejas National Historic Trail
442.0022
Commission Members: Conflict of Interest
442.022
Use of Technology
442.0023
Commission Members: Grounds for Removal
442.023
Negotiated Rulemaking and Alternative Dispute Procedures
442.024
Scenic Loop Road--boerne Stage Road--toutant Beauregard Road Historic Corridor
442.025
Texas Historic Roads and Highways Program
442.026
Bankhead Highway as Texas Historic Highway
442.029
Hispanic Heritage Center of Texas
442.031
Don Juan De Onate Trail as Texas Historic Highway
442.032
Naming of Certain Areas on Historic Sites
442.0045
Delegation of Certain Powers and Duties
442.0051
Fees
442.051
Museum Definition
442.0052
Volunteer Services
442.052
Powers of Commission
442.0053
Eligibility Criteria for Inclusion of Real Property in State Historic Sites System
442.053
Revenue Bonds for Museum
442.0054
Disclosure of Personal Customer Information
442.0055
Affiliated Nonprofit Organization
442.055
Grants
442.0056
Acquisition of Historic Sites
442.056
National Museum of the Pacific War Museum Fund
442.0057
Solicitation, Receipt, and Transfer of Land
442.0058
Sale or Exchange of Land
442.0059
Employee Fund-raising
442.0061
State Historical Marker Program to Honor African American Legislators
442.061
Definition
442.062
Jurisdiction and Maintenance of Museum
442.063
Grants
442.0065
Guide to Historical Markers
442.065
Definition
442.066
Iwo Jima Monument and Museum
442.0071
Duties Regarding Governor’s Mansion
442.071
Definition
442.0072
Preservation and Maintenance of Gethsemane Church and Carrington-covert House
442.072
Commission Jurisdiction
442.0073
Preservation and Maintenance of Certain State Buildings
442.073
Historic Site Account
442.0074
Preservation, Maintenance, and Improvement of Republic of Texas Granite Boundary Marker
442.074
Grants
442.075
Transfer of Historic Sites from Parks and Wildlife
442.076
French Legation
442.077
Agreement Relating to French Legation
442.0081
Historic Courthouse Preservation and Maintenance Programs
442.0082
Historic Courthouse Project
442.0083
Funding for Historic Courthouse Preservation Program
442.0084
Equitable Representation in Monuments
442.0085
State Register of Historic Places
442.0086
Military Sites Program
442.0087
Fort Bliss Museum and Study Center
442.0088
Texas Heritage Trails Program
442.0095
Program and Facility Accessibility
442.101
Authority to Contract
442.102
Construction of Roads by Texas Department of Transportation
442.103
Lease of Lands and Improvements
442.104
Lease of Grazing Rights
442.105
Establishment of Fees
442.106
Concessions
442.107
Publications on Historic Sites
442.108
Deposit of Receipts
442.109
Mistaken Deposit
442.110
Programs for the Development of Historic Sites and Structures
442.111
Financing of Historic Site Programs
442.112
State Historic Site Retail Operations
442.113
Texas Historical Commission Retail Operations Fund
442.0145
Texas Historical Artifacts Program
442.0151
Historic Infrastructure Sustainability Trust Fund
442.0155
Funds Subject to State Funds Reform Act
442.0195
Texas Music History Trail
442.201
Authorization
442.202
Scope of Rules
442.203
Posting of Rules
442.204
Removal from Site
442.205
Enforcement of Rules
442.206
Effect of Rules
442.207
Penalty
442.251
Jurisdiction
442.252
San Jacinto Museum and Battlefield Association
442.253
Executive Manager
442.271
Jurisdiction
442.272
Powers of Commission

Accessed:
May 4, 2024

§ 442.0045’s source at texas​.gov