1. (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Event--Any performance, ceremony, or presentation held in the public areas of the Capitol, Capitol Extension, or on the Capitol Grounds.
   2. (2) Public areas of Capitol and Capitol Extension---The hallways, entrances, rotundas, other areas adjacent to and near the rotunda, central gallery, state seal court.
   3. (3) Public purpose--The promotion of the public health, education, safety, morals, general welfare, security, and prosperity of all of the inhabitants or residents within the state, the sovereign powers of which are exercised to promote such public purpose or public business. The chief test of what constitutes a public purpose is that the public generally must have a direct interest in the purpose and the community at large is to be benefitted. This does not include activities which promote a specific viewpoint or issue and could be considered lobbying. Political rallies, receptions, and campaign activities are prohibited in the public areas of the Capitol and Capitol Extension.
   4. (4) State official sponsor--The Governor, the Lieutenant Governor, the Speaker of the Texas House of Representatives, a Texas Senator, or a member of the Texas House of Representatives.

2. (b) Deposit for use of Capitol or Capitol Extension. A deposit is required from persons or entities that use the Capitol or Capitol Extension for an event or other scheduled activity. The deposit is in an amount set by the office of the State Preservation Board designed to recover the estimated direct costs to the state for the event. The deposit is required in the office of the State Preservation Board no later than 24 hours prior to the event or other scheduled activity. The office of the State Preservation Board may deduct from the deposit:

   1. (1) the cost of damage to the Capitol or Capitol Extension that directly results from the event;
   2. (2) the costs of extra labor, materials, and utilities directly attributable to the event; and
   3. (3) the costs of extra security requested by the person or entity for the event.

3. (c) Event Approval Criteria for Capitol and Capitol Extension.

   1. (1) Events shall be approved and scheduled by the office of the State Preservation Board upon the recommendation of a state official sponsor as described in subsection (a)(4) of this section.
   2. (2) Events must be for a public purpose as defined in subsection (a)(3) of this section.

   3. (3) Requests must be submitted on forms provided by the State Preservation Board and be accompanied by:

      1. (A) a detailed description of the event, including equipment and propose to be used, and anticipated length and scope;
      2. (B) a brief statement of the purpose of the event;
      3. (C) the area in the Capitol or Capitol Extension being requested;
      4. (D) a list of all electrical equipment and power requirements for each piece of equipment;
      5. (E) a recommendation from the state official sponsor as described in subsection (a)(4) of this section.
   4. (4) Incomplete requests will not be considered.
   5. (5) Events in the Capitol or Capitol Extension should not exceed 45 minutes in length.
   6. (6) Performances in the Capitol rotunda are allowed only between 12:00 p.m. and 1:00 p.m.

   7. (7) Events will not be approved if they:

      1. (A) have no obvious public purpose;
      2. (B) are determined by the office of the State Preservation Board to be inappropriate to the historical setting of the Capitol or Capitol Extension;
      3. (C) promote a commercial enterprise;
      4. (D) obstruct entrances or interrupt traffic flow through the building;
      5. (E) have the potential to cause damage to state property (including, but not limited to, the Capitol's exterior walls, interior walls, doors, windows, woodwork, or floors;
      6. (F) obstruct the view of or access to fire-fighting equipment, fire alarm pull stations, or fire hydrants;
      7. (G) involve the use of any flammable, hazardous, or odorous chemicals or materials, torches, candles, or other open-flame illuminating devices or fire, or are determined to be a fire hazard by the Capitol Fire Marshal;
      8. (H) involve use of signs or placards attached to objects that might cause damage to the Capitol, Capitol Extension or Capitol Grounds.
   8. (8) Events may not interfere with any legislative session or regular use of the Capitol or Capitol Extension for transaction of state business.
   9. (9) Sound equipment, chairs, podiums, or other equipment ordinarily required for ceremonies, presentations, or performances may be used only with prior approval by the office of the State Preservation Board, and shall be furnished by the requesting party. Installation approval is subject to inspection.
   10. (10) The State of Texas, the State Preservation Board, or any employee of the State Preservation Board are not liable for any injury which may occur to any person during events.
   11. (11) All art, photographic exhibits, banners, streamers, or posters, used during an event must be on freestanding displays. Such materials may not be hung from walls or railings.
   12. (12) Fund-raising on the premises is not allowed unless the fund-raising directly benefits the Capitol, Capitol Extension or Capitol Grounds, or unless it is part of the gubernatorial inaugural, or a similar event approved by the board, and the funds are used to help defray the costs of the event.
   13. (13) With the exception of businesses authorized by the State Preservation Board, vendors and/or the promotion of a commercial enterprise involving the exchange of money are prohibited.
   14. (14) Security requirements other than that routinely provided by Capitol police are the responsibility of the organizers; however, the office of the State Preservation Board must approve any additional security arrangements.

4. (d) Scheduling Events in the Capitol and Capitol Extension.

   1. (1) No more than two events will be scheduled for either the Capitol, Capitol Extension or Capitol Grounds in one working day.
   2. (2) A written request to schedule an event must be received by the office of the State Preservation Board no later than three weeks before the date requested. Those requesting to schedule an event will be notified of the status of their request within one week following the receipt of the request.
5. (e) General provisions. Upon completion of the event, organizers will be held responsible for clean-up of the area. Any deposit will be refunded following an inspection of the area to determine that the area has been adequately cleaned. The organizer(s) may be present at this inspection by contacting the office of the State Preservation Board.

Source Note:The provisions of this §111.14 adopted to be effective April 30, 2000, 25 TexReg 3524.