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, presentation, or activity held on the grounds.
   2. (2) Public purpose--The promotion of the public health, education, safety, morals, general welfare, security, prosperity, and contentment 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.
   3. (3) Capitol grounds--The area within the historic cast iron fencing; the area lying between the fencing and city streets that is owned by the state; the esplanade just outside the east entrance to the Capitol between the gateposts and San Jacinto Street; the Old General Land Office Building grounds between 11th and 12th Streets and the Capitol's eastern iron fence and the State Insurance Building; the area bordered by 11th Street to the south, Colorado Street to the east, Lavaca Street to the west, and the Westgate Building property to the north; property north of the Capitol bordered by Colorado Street on the west, San Jacinto Street on the east, and 15th Street on the north, which is not occupied with other state buildings, or the Texas Employment Commission Building property and accompanying terraces. Street right-of-ways within these boundaries include 14th Street and Congress Avenue.

2. (b) Deposit for use of Capitol or Capitol grounds.

   1. (1) A deposit is required from persons or entities that use the Capitol, Capitol extension, or grounds of the Capitol for an event, exhibit, 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 the state of the event, exhibit, or activity. The office of the State Preservation Board may deduct from the deposit:

      1. (A) the cost of damage to the Capitol, Capitol extension, or grounds of the Capitol that directly results from the event, exhibit, or other activity;
      2. (B) the costs of extra labor, materials, and utilities directly attributable to the event, exhibit, or other activity; and
      3. (C) the costs of extra security requested by the person or entity for the event, exhibit, other activity.

3. (c) Approval of grounds events.

   1. (1) All Capitol grounds events will be approved and scheduled by the office of the State Preservation Board.
   2. (2) All events must have a clear public purpose.

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

      1. (A) promote a commercial enterprise;
      2. (B) obstruct entrances or interrupt traffic flow through the building;
      3. (C) obstruct the view of or access to fire-fighting equipment or fire hydrants;
      4. (D) involve the use of flammable, hazardous, or odorous chemicals or materials; or
      5. (E) involve use of signs or placards attached to objects that might cause damage to the building or its contents.
   4. (4) Intended use may not interfere with any legislative session or regular use of the Capitol building or grounds.
   5. (5) Sound equipment, chairs, risers, podiums, tents, canopies, or other equipment required for ceremonies, presentations, or performances must be approved by the office of the State Preservation Board, but furnished and installed by the requesting party. Installation approval is subject to inspection.
   6. (6) The State of Texas, the State Preservation Board, and any employee of the State Preservation Board are not liable for any injury which may occur to any person during the event on the Capitol grounds.
   7. (7) 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.
   8. (8) Fund-raising on the premises is not allowed unless the fund-raising directly benefits the Capitol 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.
   9. (9) With the exception of businesses authorized by the State Preservation Board to operate in the Capitol, vendors and/or the promotion of a commercial enterprise involving the exchange of money are prohibited.

4. (d) Scheduling events.

   1. (1) A written request to schedule an event on the Capitol grounds must be received by the office of the State Preservation Board two weeks before the date requested. Those requesting to schedule an event will be notified within one week following the receipt of the request.
   2. (2) Requests must be accompanied by the State Preservation Board event agreement form, signed by a proper authority of the requesting organization.
   3. (3) Incomplete requests will not be considered.
   4. (4) No signs or placards displayed or available for display during the event may be carried into the Capitol building. No signs or placards may be attached to any part of the Capitol, including, but not limited to, fences, lampposts, trees, etc., except as approved by the board.
   5. (5) A properly approved and signed request to use the grounds for a lawful public purpose shall constitute tacit acceptance by the organizer of all legal and financial liability for any damage to state property, or for any personal injury, caused by the described activity, or occurring as the approximate result of the activity.
   6. (6) Approval shall not be granted when it is determined from the request that physical damage to state property (including the Capitol's exterior walls, doors, windows or lighting, monuments, fencing, lampposts, walkways, driveways, curbs, signage, irrigation system, trees, grass, plants, or flower beds) may result from the described activity. No torches, or other open-flame illuminating devices or fires, other than candles, are allowed for use on the grounds. Candles must be equipped with a means to catch the candle's dripping wax.
   7. (7) 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.
   8. (8) Users must provide a list of all electrical equipment and power requirements for each piece of equipment to be used, prior to approval of the event.

Source Note:The provisions of this §111.20 adopted to be effective March 21, 1989, 14 TexReg 1277; amended to be effective February 5, 1990, 15 TexReg 339; amended to be effective September 6, 1990, 15 TexReg 4897; amended to be effective November 12, 1991, 16 TexReg 6129; amended to be effective April 12, 1994, 19 TexReg 2197.