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 approved by the commission. The Commission may require an outdated master plan be updated prior to the date of application or a before a grant or loan is approved.
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 or other match requirements as determined by the commission. Credit toward match may be given for county's prior planning costs, such as those involved with preparing an approved master plan or approved construction plans and specifications for the project. Not less than one half of the match must be derived from current cash match and/or planning match.

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, restoration or other 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 $6 (six) million and the cumulative total may not exceed $6 million to any one county.
   4. (4) The commission may grant a different amount than 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 Commission may appoint Advisory Committees or other working groups to advise the commission on matters related to the Texas Historic Courthouse Preservation Program including courthouse maintenance.

   2. (2) The Commission may consider the following when selecting members of an advisory committee or working group:

      1. (A) geographic diversity;
      2. (B) population;
      3. (C) area of expertise; and/or
      4. (D) representation of the public interest.
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 must provide at least an equal level of commitment to program components as provided in their previous funding 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; amended to be effective July 2, 2006, 31 TexReg 5097.