1. (a) Property Eligibility. In order to be eligible for grants or loans under the courthouse program, a county's historic courthouse must be determined a historic courthouse structure as defined in §12.5 of this chapter.
2. (b) Master plan requirement. In order to be eligible for funding, a county must have completed a current master preservation plan, completed or updated in the 30-month period prior to the date of application, and received approval of the plan from the commission.
3. (c) Types of Assistance. The commission may provide financial assistance in the form of grants or loans. Grant or loan recipients shall be required to follow the terms and conditions of the Texas Historic Courthouse Preservation Program and other terms and conditions imposed by the commission at the time of the grant award or loan.
4. (d) Match for grant or loan assistance. Applicants eligible to receive grant or loan assistance must provide a minimum of 15% of the total project cost, of which not more than one half of the match may be derived from prior capital expenditures, prior in-kind match, and current in-kind match, and not less than one half of the match must be derived from current cash match and/or planning match. Prior capital expenditure and prior in-kind matches constitute credit for commission approved capital and planning expenditures during the 30-month period prior to the date of application.

5. (e) Allowable use of grant or loan monies.

   1. (1) A county that receives money under the courthouse program must use the money only for preservation, reconstruction, rehabilitation, and restoration expenses that the commission determines eligible.
   2. (2) All work must comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties (1995 edition, or as revised).
   3. (3) Individual grants or loans may not exceed $4 million.
   4. (4) The commission may grant less than the amount requested in a courthouse grant application.
6. (f) Administration. The courthouse program shall be administered by the commission.

7. (g) Advisory Committee.

   1. (1) The purpose of the advisory committee is to advise the commission on matters related to the Texas Historic Courthouse Preservation Program.

   2. (2) The advisory committee shall consist of:

      1. (A) members from the different geographical areas of the state;

      2. (B) an equal number of members from counties with a population of:

         1. (i) 24,999 or less;
         2. (ii) 25,000 to 75,000; and
         3. (iii) 75,001 or more; and

      3. (C) at least the following members:

         1. (i) one or more elected county officials;
         2. (ii) one or more members of historical organizations or persons with knowledge of and experience in preservation who are not elected county officials; and
         3. (iii) one or more members of the general public who do not meet the requirements of (C)(i) or (C)(ii) of this subchapter.
   3. (3) The advisory committee shall meet annually, or as directed by the commission, to discuss issues related to paragraph (g)(1) of this section and provide a report in written form, or in other formats as determined by the commission, at a regularly scheduled commission meeting, or at times as otherwise determined by the agency.
   4. (4) The advisory committee shall be abolished on August 31, 2003, unless specifically continued by an affirmative vote of the commission.
8. (h) Procedures. The commission shall adopt procedures, and revise them as necessary, to implement the Texas Historic Courthouse Preservation Program.
9. (i) Compliance with current program grant manual and all other rules, statutes, policies, procedures and directives is mandatory for all historic courthouse projects unless written exception is provided by the Texas Historical Commission due to unforeseen circumstances beyond the control of grantee or grantor.

10. (j) Grants for Construction Plans and Specifications:

    1. (1) The Commission may make grants to counties for the purpose of completing construction plans and specifications for courthouse construction projects.
    2. (2) A county receiving a grant for completing plans and specifications must apply for a construction grant from this program at the next grant program funding opportunity following THC acceptance of the complete plans and specifications. The county's grant application must provide at least equal preservation commitments to their previous applications. If a construction grant is awarded, the county must go forward with construction of the courthouse project so funded. If a grant is not awarded, the county must continue to apply for construction grants and make a good-faith effort to receive the grant when subsequent opportunities arise.
    3. (3) A county that does not apply for a construction grant in accordance with this section at each grant funding opportunity during the following six years or does not complete the courthouse project by other means within these six years following the THC acceptance of the plans and specifications will be required to repay the grant for plans and specifications to the Commission unless the Commission votes to allow additional time to accomplish the construction project.
    4. (4) A county that continues to apply for construction grants and makes a good-faith effort to receive the award and does not receive a grant or is able to complete the construction project by other good faith efforts will not be required to repay the grant.

Source Note:The provisions of this §12.7 adopted to be effective October 31, 1999, 24 TexReg 9277; amended to be effective March 30, 2003, 28 TexReg 2741; amended to be effective June 1, 2004, 29 TexReg 5337.