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RULE §15.3 State Board of Review/National Register

Published: 2015

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(a) Name. The name of this organization shall be the
State Board of Review (hereafter referred to as the "board", "review
board", or "board of review") for the National Register of Historic
Places, Texas.
(b) Purpose. The purpose of this organization is to
review and make recommendations to the state historic preservation
officer regarding nominations from Texas to the National Register
of Historic Places (hereafter referred to as the "National Register"),
and to perform other duties and responsibilities as prescribed in
the Federal Register.
(c) Membership. The voting membership of the board
of review shall consist of 11 Texas residents. The board shall include
one professional in the disciplines of history, prehistoric archeology,
and historic archeology, and two professionals each in architectural
history and architecture. All professional members shall meet the
minimum standards of professional qualifications as set forth in the
Federal Register (Part V: 36 Code of Federal Regulations Part 61, §61.4(e))
and verified by the state historic preservation officer (state liaison
officer). Professionals from closely related fields are eligible to
serve on the board of review in lieu of the above specified professionals
subject to the approval of the National Park Service. Four citizen
members with a demonstrated interest, competence, and knowledge in
historic preservation will be selected and shall serve as voting members.
Whenever possible, one of these members shall be selected from the
appointed representatives from Texas serving as advisors to the National
Trust for Historic Preservation.
(d) Appointments. Appointments to the board of review
shall be upon recommendation of the State Historic Preservation Officer
and confirmed by a majority vote of the Texas Historical Commission
(hereafter referred to as the "commission"). The term of office for
board of review members shall be two years, with five members to be
appointed one year and six to be appointed on alternate years. Terms
shall begin October 1. Appointments by the commission to fill vacancies
may occur at any time during the year. No member of the board shall
be appointed to more than three consecutive terms.
(e) Election and duties of officers. A chairperson,
vice-chairperson, and secretary will be elected by the review board
annually by a majority vote at the first meeting of each federal fiscal
year. The chairperson shall perform such duties as are properly required
of him or her by the board. He/she shall have general supervision
of the affairs of the board, and shall have authority to interpret
and carry out all policies established by its members. The vice-chairperson
shall perform such duties as the board or chairperson directs, and
shall preside in the absence of the chairperson. The secretary shall
certify the minutes of all meetings of the board and shall perform
other duties as may be prescribed by the chairperson or board. The
secretary shall preside in the absence of both the chairperson and
the vice-chairperson. The secretary shall complete an evaluation form
for each nomination presented by staff at each board meeting. The
form will become a part of the commission's permanent record of opinions
and decisions by the board, and will be filed in the National Register
programs office of the commission.
(f) Meetings. Meetings of the board of review shall
be held as many times per year as prescribed in the Federal Register
(Part V: 36 Code of Federal Regulations Part 61, §61.4(e)) pertaining
to the National Register. Other meetings may be called by the chairperson
as needed. The majority of the membership shall constitute a quorum
and the chairperson shall vote only to break a tie. The chairperson
may appoint members to committees for specific purposes and committee
meetings may be required. Committee reports, if any, shall be given
to the full board. If the elected secretary is absent from a board
meeting, the chairperson shall appoint a member of the board to serve
as the secretary.
(g) Rules. The board of review shall adopt these written
procedures as required by the federal guidelines for the National
Register as published in the Federal Register (Part V: 36 Code of
Federal Regulations Part 61, §61.4(e)). The adoption of, and
amendments to, these rules shall be subject to approval and adoption
as rules by the commission.
(h) Code of conduct.
  (1) No member of the board of review may vote upon
the consideration of a property for nomination to the National Register
if the member has a conflict of interest, real or potential, in that
  (2) A member of the board of review has a conflict
of interest in such a vote if there is likely to be a financial benefit
from the property being considered to any of the following:
    (A) the member of the board of review; or
    (B) any person of the member's immediate family, which
includes spouse and any minor children; or
    (C) a business partner of the member; or
    (D) any organization for profit in which the member,
or any person of subparagraphs (B) and (C) of this paragraph is serving
or is about to serve as an officer, director, trustee, partner, or
  (3) A financial benefit includes, but is not limited
to, grant money, contract, subcontract, royalty, commission, contingency,
brokerage fee, gratuity, favor, or any other things of real or potential
  (4) A member of the board who has a conflict of interest
may not participate as a private citizen in the deliberations concerning
the property being considered for nomination to the National Register.
  (5) Prior to any deliberations concerning the property
in which a member of the board has a conflict of interest, the member
with a conflict shall announce, for the record, that such a conflict
exists and physically recuse himself/herself from the decision-making
process and not vote directly, in absentia, or by proxy in that matter.
Review board minutes must indicate which member recused himself/herself
and the reasons for the recusal.
(i) Conduct of meetings. Parliamentary authority shall
be according to Robert's Rules of Order, Newly Revised, except where
specifically provided for otherwise in these rules.

Source Note: The provisions of this §15.3 adopted to be effective December 31, 1984, 9 TexReg 6315; amended to be effective March 5, 1992, 17 TexReg 1459; amended to be effective July 9, 1996, 21 TexReg 5972; amended to be effective May 18, 2009, 34 TexReg 2948; amended to be effective September 8, 2013, 38 TexReg 5710