(a) Any individual, group or county historical commission may apply to the commission for an Official Texas Historical Marker. The application shall include:
  (1) a completed current Official Texas Historical Marker application form;
  (2) supporting documentation as provided in program guidelines, criteria and procedures adopted by the commission; and
  (3) an application fee in the amount of $100.
(b) Historic Texas Cemetery markers. A marker, medallion or plaque may be awarded to a cemetery only if the commission has designated the cemetery as an Historic Texas Cemetery. See §22.6 of this title (relating to Historic Texas Cemeteries) for information concerning Historic Texas Cemetery designation. Historic Texas Cemetery name and date plaque applications are accepted year-round. The marker must be located either at or immediately adjacent to the designated cemetery.
(c) The following procedures shall be observed for the marker application process. Potential sponsors should check the commission web site at www.thc.texas.gov for current information on the Official Texas Historical Marker Program.
  (1) The sponsor must contact the county historical commission (CHC) to obtain a marker application form, to review basic program requirements and to discuss the county's review process and procedures, which differ from county to county. The commission does not mandate a specific review process at the county level, so the sponsor will need to work closely with the CHC to be sure all local concerns and procedures are addressed properly. The CHCs cannot send the application forward until they can certify that the history and the application have been adequately reviewed. Applications for Recorded Texas Historic Landmarks (RTHL) for sites located on private land must include written owner consent of the landowner.
  (2) CHC reviews the marker application for accuracy and significance, and either approves the application or works with the sponsor to develop additional information as necessary.
  (3) CHC-approved applications are forwarded to the History Programs Division of the commission. Once the application is received by the commission, additional notifications and correspondence will be between the CHC contact and the commission staff contact only, unless otherwise noted.
  (4) Commission staff makes a preliminary assessment to determine if the topic is eligible for review and if all required elements are included. The commission will notify the applicant through the CHC once the application has been received.
  (5) A $100 application fee is due within ten days upon notification of receipt.
  (6) Additional information may be requested via email. Failure to provide all requested materials as instructed will result in cancellation of the application.
  (7) Commission staff and commissioners review applications and determine:
    (A) eligibility for approval;
    (B) size and type of marker for each topic; and
    (C) priorities for work schedule on the approved applications.
  (8) CHC and sponsor will be notified via email of approval and provided a payment form for the casting of the marker.
  (9) The payment must be received in commission offices within 45 days or the application will be cancelled.
  (10) Commission staff will write the marker inscription. One review copy will be provided via email to the CHC contact only for local distribution as needed. Inscription review is for accuracy of content only; the commission determines the content, wording, punctuation, phrasing, etc.
    (A) Upon approval of the inscription, the CHC contact provides additional copies as necessary for committee, commission, or sponsor review and conveys a single response to the commission.
    (B) Upon receipt of emailed approval by the CHC, the commission proceeds with the order.
    (C) If changes recommended by the CHC are approved by the commission, staff will send a revised copy for content review. Because inscription reviews are for content only, only two reviews should be necessary to complete this step of the process. Additional requests for revisions are subject to approval by the commission, which will be the sole determiner of warranted requests for changes. Excessive requests for change, or delays in response, may, in the determination of the commission, result in cancellation of the order.
    (D) Only the authorized CHC contact - chair or marker chair - can make the final approval of inscriptions at the county level. Final approval will be construed by the commission to mean concurrence by any interested parties, including the sponsor.
  (11) After final approval, the order is sent to marker supplier for manufacturing. Subject to the terms of the commission vendor contract, only authorized commission staff may contact the manufacturer relative to any aspect of Official Texas Historical Markers, including those in process or previously approved.
  (12) Commission staff reviews galley proofs of markers. With commission approval, manufacturing process proceeds. Manufacturer inspects, crates and ships completed markers and notifies commission, which in turn notifies CHC contact.
  (13) With shipment notice, planning can begin on marker dedication ceremony, as needed, in conjunction with CHC, sponsors and other interested parties.
  (14) Information on planning and conducting marker ceremonies is provided by the commission through its web site.
  (15) Once the planning is complete, the CHC posts the information to the commission web site calendar.
  (16) Commission staff enters marker information into the Texas Historic Sites Atlas at website atlas.thc.texas.gov, an online inventory of marker information and inscriptions.
(d) Application content.
  (1) Each marker application must address the criteria specified in §21.9 of this title (relating to Applications Evaluation Procedures) in sufficient detail to allow the commission to judge the merit of the application.
  (2) Documentation. Each marker application must contain sufficient documentation to verify the assertions about the above criteria. If the claims in the application cannot be verified through documentation, the application will be rejected.
(e) Limitation of markers awarded.
  (1) The commission will set a numerical limit on the number of markers that will be approved annually.
  (2) No markers in excess of the limit may be approved except by vote of the commission to amend the limit.

Source Note: The provisions of this §21.7 adopted to be effective August 28, 2003, 28 TexReg 6814; amended to be effective November 30, 2006, 31 TexReg 9599; amended to be effective May 18, 2009, 34 TexReg 2949; amended to be effective December 5, 2012, 37 TexReg 9494; amended to be effective January 2, 2018, 42 TexReg 7683; amended to be effective August 23, 2018, 43 TexReg 5361; amended to be effective May 26, 2021, 46 TexReg 3250