1. (a) A county that owns a historic courthouse may apply to the commission for a grant or loan for a historic courthouse project. The application must include:

   1. (1) the address of the courthouse;
   2. (2) a statement of the historic designations that the courthouse has or is likely to receive;
   3. (3) a statement of the amount of money or in-kind contributions that the county commits to contribute to the project;
   4. (4) a statement of previous allowable money or in-kind contribution the county will use for their match;
   5. (5) a statement of whether the courthouse is currently functioning as a courthouse;
   6. (6) copies of any plans, including the required master preservation plan, that the county may have for the project;
   7. (7) copies of existing deed covenants, restrictions or easements held by the commission or other preservation organizations;
   8. (8) statements of support from local officials and community leaders; and
   9. (9) the current cost estimate of the proposed project; and
   10. (10) any other information that the commission may require.
2. (b) The Texas Historic Courthouse Preservation Program will be a competitive process, with applications evaluated and grants awarded based on the factors provided in this section, including the amount of program money for grants.

3. (c) In considering whether to grant an application, the commission will assign weights to and consider each of the following factors:

   1. (1) the status of the building as a functioning courthouse;
   2. (2) the age of the courthouse;
   3. (3) the degree of endangerment;
   4. (4) the courthouse is subject to a current conservation easement or covenant held by the commission;
   5. (5) the proposal is in conformance with the approved master plan and addresses the work in proper sequence;
   6. (6) the county agrees to place/extend a preservation covenant and/or deed restriction as part of the grant process;
   7. (7) the importance of the building within the context of an architectural style;
   8. (8) the proposal addresses and remedies former inappropriate changes;
   9. (9) the historic significance of the courthouse, as defined by 36 CFR §101(a)(2) (A) and (E), and NPS Bulletin 15, "How to Apply the National Register Criteria for Evaluation."
   10. (10) the degree of surviving integrity of original design and materials;
   11. (11) if a county submits complete plans and specifications for proposed work at the time of the application, provided the plans and specifications comply with the previously approved master plan;
   12. (12) the use of the building as a courthouse after the project;
   13. (13) the county's provision of a match greater than 15% of the grant request;
   14. (14) the proposal results in a fully restored county courthouse;
   15. (15) the status of the courthouse in terms of state and local historical designations that are in place;
   16. (16) the county government's provision of preservation incentives and support of the county historical commission and other county-wide preservation efforts;
   17. (17) the location of the county in a region with few awarded courthouse grant applications;
   18. (18) the existence of a plan for physically protecting county records during the restoration and afterwards, as well as an assessment of current and future space needs and public accessibility for such records;
   19. (19) the existence of a strong history of compliance with the state courthouse law (Texas Government Code, §442.008);
   20. (20) the effort to protect and enhance surrounding historic resources; and
   21. (21) the evidence of community support and county commitment to protection.
4. (d) The factors noted in subsection (c) of this section, and any additional ones determined necessary by the commission, will be published prior to each individual grant round as part of the formal procedures for the round.
5. (e) As a condition for a county to receive money under the courthouse fund, the commission may require creation of a conservation easement on the property, and may require creation of other appropriate covenants in favor of the state. The highest preference will be given to counties agreeing to the above referenced easements or covenants at the time of application.

6. (f) The commission shall provide oversight of historic courthouse projects.

   1. (1) The commission may make periodic inspections of the projects to ensure compliance with program rules and procedures.
   2. (2) The commission may require periodic reports to ensure compliance with program rules and procedures and as a prerequisite to disbursement of grant or loan funds.
   3. (3) The commission may adopt additional procedures to ensure program compliance.

Source Note:The provisions of this §12.9 adopted to be effective October 31, 1999, 24 TexReg 9277.