(a) Purpose. The commission is authorized to honor businesses that have existed in this state providing employment and supporting the Texas economy for 50 years or more with the Texas Treasure Business Award.

(b) Definitions. The following words and terms shall have the following meanings unless the context clearly indicates otherwise.

(1) Award--Texas Treasure Business Award. A recipient of the award as determined by the commission is a Texas Treasure Historic Business.

(2) Continuous operation--A business that has continued in operation without substantial interruption.

(3) Commission--The Texas Historical Commission and its staff.

(4) Independent business--A business that is not a unit of an affiliated business entity, chain, or franchise. An independent business may be local, statewide, national, or multinational in scale.

(5) Texas business--A business that has its corporate offices in Texas or is majority- owned by residents of Texas and operated in Texas.

(6) Very similar type of business--Businesses with closely related products or services, including those that evolved with technology or the passage of time.

(7) Continuously owned by the same family--Business ownership that has passed through family members related by blood, marriage, or adoption.

(c) Eligibility. Texas businesses that have been in continuous, for-profit operation in the State of Texas for at least 50 years may be nominated for the award. The operations, products, or services offered at the time of the award nomination must be similar and related to those provided during the 50 or more years prior to the award. Nominated businesses must be considered by the Texas Comptroller of Public Accounts to be in good standing with its franchise tax reports and payments at the time of nomination to be considered for the award. Additional recognition may be given to an eligible business with continuous ownership by the same family; for a business operating in a historic building with architectural integrity; or for a business operated continuously for 75 years, 100 years, or 125 years.

(d) Nominations for the award may be made by any elected state official or by any authorized representative of the business being nominated.

(1) Nominations shall be made on a form established by the commission.

(2) The commission may require supporting materials that show evidence that the business has been continuously operating in Texas for 50 or more years.

(3) Nominations for businesses wishing to be recognized for additional criteria such as operating for 75 years, 100 years, 125 years or that wish to be recognized for having been continuously owned by the same family for at least 50 years or operated in a historic building with architectural integrity may be required to submit additional documentation.

(4) Nominations shall be accepted by the commission at any time during the year, however the commission may establish periodic deadlines for evaluating nominations and announcing awards.

(5) The Commission may establish a processing fee to offset the costs of the evaluation and awards.

(e) Evaluation. The Executive Director or his designee will evaluate the completed nomination materials. The Executive Director shall determine if the nominated business meets the criteria for the award. The commission shall notify the nominated business of its determination within 60 days of receiving complete nomination materials or at other periodic intervals established by the commission.

(f) Award. Businesses selected for the award will receive an award certificate or plaque and one or more window decals. The commission may establish a fee for additional certificates, plaques, or window decals.

(1) The commission shall notify the state senator and state representative in whose districts a recipient's principal place of business in this state is located.

(2) The commission, the recipient, and state senator and state representative shall cooperate in determining the location of the award presentation, if any.

(g) Use of logo. Texas Treasure Historic Businesses are encouraged to display window decals provided by or acquired from the commission on the recipient's place of business. Decals may be displayed on multiple locations of the awarded business provided these are locations of the same business operation named in the award.

(1) Texas Treasure Historic Businesses may use the award logo in advertising, displays, signs, or on vehicles that are part of the awarded businesses' named operation.

(2) Window decals or other display or use of the award logo shall be utilized only by Texas Treasure Historic Businesses.

(3) The logo and term "Texas Treasure Historic Business" shall be used in their complete format without alteration, unless otherwise approved by the commission.

(4) The commission may establish additional requirements for acceptable use of the logo.

(h) Changes to businesses after receipt of the award.

(1) A Texas Treasure Historic Business that receives the award may continue to display the award, plaques or decals for the same business after changes in ownership, operation or location provided the business continues to operate with the same or a very similar type of business and name.

(2) An affiliated business entity, if any, is not entitled to utilize the award or logo for itself or other businesses it may operate that have not specifically received the award.

Source Note: The provisions of this §20.2 adopted to be effective September 12, 2013, 38 TexReg 5872; amended to be effective February 23, 2020, 45 TexReg 1017