(a) Except as provided by Subsection (b), the commission by order or rule may delegate to the executive director the authority to perform the duties or exercise the powers of the commission under this chapter or other law, including Chapter 191, Natural Resources Code.
(b) The commission may not delegate to the executive director the following powers and duties:
(1) proposing and adopting commission policies and rules;
(2) developing and approving the commission’s strategic plan under Chapter 2056 and annual operations plan and periodically updating and reviewing those plans;
(3) approving the commission’s legislative appropriations request;
(4) approving the commission’s biennial budget and any significant amendments to that budget;
(5) approving the statewide comprehensive preservation plan;
(6) providing information to the legislature regarding the commission’s budget and policies;
(7) hiring, evaluating, terminating, and setting the compensation of the executive director;
(8) formally accepting gifts and grants to the commission;
(9) establishing advisory committees and appointing the members of those committees;
(10) designating, and removing the designation of, State Archeological Landmarks;
(11) excusing a commissioner’s absence from a meeting of the commission;
(12) approving the designation and removal of Recorded Texas Historic Landmarks, historic cemeteries, and Official Texas Historical Markers;
(13) designating official main street cities;
(14) awarding historic courthouse preservation program grants, certified local government grants, Texas preservation trust fund account grants, and all other grants;
(15) selecting the winners of the governor’s award for historic preservation and other competitive statewide awards awarded by the commission;
(16) approving curatorial facilities to hold state-associated collections that are held in trust;
(17) acquiring and disposing of real property;
(18) establishing fees for commission services;
(19) approving amendments to contracts entered into by the commission if the amendment extends the contract by six or more months or increases the contract price by 10 percent or more;
(20) identifying and defining the relationship between the commission and any affiliated nonprofit organization;
(21) raising issues regarding the performance of the commission’s staff and the operation of agency programs with the chair, the executive director, or the appropriate deputy executive director;
(22) determining whether a property offered to the commission should be accepted into the commission’s land banking program or as a historic site; and
(23) recommending, in partnership with the Texas State Historical Association, a nominee for appointment by the governor as state historian.