|(a) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Event--Any performance, ceremony, presentation,
or activity held on the grounds.
(2) 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 on the Grounds.
(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 Workforce Commission Building property and accompanying
terraces. Street right-of-ways within these boundaries include 14th
Street and Congress Avenue.
(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.
(b) Fee for use of Capitol grounds. A fee is required
from persons or entities that use the grounds of the Capitol for an
event or other scheduled activity. The fee is in an amount set by
the office of the State Preservation Board designed to recover the
estimated direct and indirect costs to the state of the event or activity,
including the costs of labor, materials, and utilities directly or
indirectly attributable to the event or activity. The fee is required
in the office of the State Preservation Board no later than 24 hours
prior to the event.
(c) Criteria for Approval of Grounds Events.
(1) All Capitol grounds events will 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
(2) All events must have a clear public purpose as
described in subsection (a)(2) of this section.
(3) An event of the grounds of the Capitol should not
exceed 3 hours in length and should conclude by 9:00 p.m.
(4) Events will not be approved if they:
(A) promote a commercial enterprise;
(B) obstruct entrances or interrupt traffic flow through
(C) obstruct the view of or access to fire fighting
equipment, fire alarm pull stations, or fire hydrants;
(D) involve the use of flammable, hazardous or odorous
chemicals or materials;
(E) involve use of signs or placards attached to objects
that might cause damage to the building or its contents.
(5) Intended use may not interfere with any legislative
session or regular use of the grounds of the Capitol for transaction
of state business.
(6) Sound equipment, chairs, podiums, tents, 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.
(7) 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 any event on the Capitol
(8) 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.
(9) 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.
(10) 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.
(d) Scheduling events.
(1) No more than two events will be scheduled for the
Capitol grounds in one working day.
(2) A written request to schedule an event on the Capitol
grounds must be received by the office of the State Preservation Board
one week before the date requested.
(3) Requests must be accompanied by the State Preservation
Board event agreement form and be accompanied by:
(A) a detailed description of the event, including
equipment and props to be used, and anticipated length and scope;
(B) a brief statement of the purpose of the event;
(C) the areas on the Capitol Grounds being requested
for the event;
(D) a list of all electrical equipment and power requirements
for each piece of equipment;
(E) a recommendation from the state official sponsor
as described in subsection (a)(4) of this section.
(4) Incomplete requests will not be considered.
(5) 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.
(6) 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.
(7) Approval shall not be granted when it is determined
from the request that physical damage to state property (including
but not limited to 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, candles, or other
open-flame illuminating devices or fires are allowed for use on the
(8) Upon completion of the event, organizers will be
held responsible for clean-up of the area. State Preservation Board
will conduct an inspection of the area to determine whether it was
adequately cleaned. The organizer(s) will be responsible for the costs
of any additional clean-up or damage repair. The organizer(s) may
be present at this inspection by contacting the office of the State
|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; amended to be effective April 30, 2000, 25 TexReg 3526; amended to be effective July 1, 2012, 37 TexReg 4891