(a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Capitol complex--The state-owned property within the area bounded on the north by Martin Luther King, Jr., Boulevard, bounded on the east by Trinity Street, bounded on the south by 10th Street, and bounded on the west by Lavaca Street.
  (2) Historic Capitol grounds--All area within the historic cast iron fencing line; the area lying between the fencing and city streets that is owned by the state to the south and west; and the Old General Land Office Building grounds between the Capitol's eastern iron fence and the State Insurance Building, between 11th and 12th Streets.
(b) Purpose.
  (1) To ensure the development and preservation of an appropriate historical setting that enhances and perpetuates the historic integrity of the Texas State Capitol.
  (2) To ensure the continued public use and enjoyment of an appropriate historical landscape for the Capitol complex.
  (3) To ensure that future commemorative works, such as constructed memorials and/or monuments, are integrally incorporated into appropriately designated areas that enhance the overall planning philosophy for the Capitol complex.
  (4) To ensure that future commemorative works, such as constructed memorials and/or monuments, are: appropriately designed, constructed, and located; reflect a consensus of the lasting statewide significance of the subject involved; and are funded for appropriate design, construction, and maintenance.
(c) Procedures for approval of memorials/monuments in the Capitol complex.
  (1) No additional memorials and/or monuments shall be placed on historic Capitol grounds except as authorized by Texas Government Code §443.01525 and §443.01526.
  (2) For any monument authorized by the legislature by concurrent resolution or statute to be constructed within the Capitol complex, the office of the State Preservation Board shall be consulted concerning potential sites available on the Capitol complex. A grounds monument location map will be incorporated into the master plan to define potential locations.
  (3) A preliminary proposal shall be submitted to the office of the State Preservation Board for review at the time potential sites are reviewed. This preliminary proposal will include:
    (A) administrative arrangements to oversee the project's fundraising, design, and construction;
    (B) preliminary design intentions.
  (4) Using the master plan, the office of the State Preservation Board shall submit the proposal and recommended site selection for the proposed monument to the State Preservation Board for preliminary site approval.
  (5) After preliminary site approval, a final design proposal shall be submitted to the office of the State Preservation Board for review and recommendation.
  (6) The executive director of the State Preservation Board will submit the final design proposal and his/her recommendations to the State Preservation Board. The State Preservation Board then shall be asked to give final approval for the design and site location.
  (7) The executive director of the State Preservation Board shall issue a building permit for any memorials and/or monuments after a proposal has received board approval.
  (8) Criteria for approval of memorials and/or monuments by the State Preservation Board will include the following.
    (A) Site selection shall be consistent with the purposes stated previously and shall be based on the approved master plan.
    (B) A military commemorative work may be established only to commemorate a war or similar major military conflict or to commemorate any branch of the armed forces. No commemorative work commemorating a lesser conflict or a unit of an armed force shall be permitted.
    (C) A commemorative work commemorating an individual or group of individuals shall not be permitted until at least 25 years after the death of the individual or the last surviving member of the group.
    (D) The construction of a commemorative work must be in the public's interest, must represent a subject of lasting historical significance to the history and heritage of Texas, and must reflect a consensus of the lasting historical statewide significance of the subject involved.
    (E) No public funds shall be used to construct memorials and/or monuments. Funding must be secured and in-hand before a construction permit shall be issued.
    (F) Knowledgeable persons qualified in the field of architecture and preservation/maintenance shall be consulted by the applicant to determine structural soundness and durability and to assure that the commemorative work meets high professional standards. Memorials and monuments shall be constructed of durable material suitable to the outdoor environment. Landscape features shall be compatible with the Capitol grounds master plan.
    (G) Construction materials must be compatible with the design, historic importance, and building materials of the Capitol. Whenever possible, monuments shall be constructed of granite, bronze, copper, or compatible materials.
    (H) The maximum height of any monument shall be 25 feet.
    (I) The maximum cubic feet of any structure incorporated into a monument design shall be 4,000 cubic feet.
    (J) The maximum site dimension for a proposed monument shall be 24 feet by 24 feet or 576 square feet.
    (K) The maximum footprint dimension of any single structure incorporated into a proposed monument shall be 20 feet by 20 feet or 400 square feet.
    (L) Names of donors shall not be permitted on any memorial and/or monument.
    (M) The legislative authority for a memorial and/or monument should be reviewed at the end of the five-year period beginning on the date of the enactment of such authority, unless an appropriate construction permit by the office of the State Preservation Board for the work has been issued within that period.
    (N) A maintenance contribution of 10% of the total construction cost of the memorial and/or monument shall be required.
  (9) The office of the State Preservation Board shall have review and approval authority over the construction of the memorial or monument.

Source Note: The provisions of this §111.25 adopted to be effective February 22, 1991, 16 TexReg 772; amended to be effective November 12, 1991, 16 TexReg 6129; amended to be effective April 12, 1994, 19 TexReg 2197; amended to be effective April 30, 2000, 25 TexReg 3528; amended to be effective March 3, 2002, 27 TexReg 1318; amended to be effective July 5, 2012, 37 TexReg 4891; amended to be effective January 24, 2016, 41 TexReg 613