Capitol Events Request
Grounds Policy

A. Definitions

The following words and terms, when used in this document shall have the following meanings, unless the context clearly indicates otherwise.

1. Event - Any performance, ceremony, presentation, or activity held on the Capitol Grounds.
2. Public Purpose - As defined in Texas Administrative Code, Title 13, Part 7, Chapter 111, §111.20(a)(2). 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 benefited. Campaign activities are prohibited on the Capitol Grounds.
3. Capitol Grounds -As defined in Texas Administrative Code, Title 13, Part 7, Chapter 111, §111.20(a)(3).
4. State Official Sponsor - The Governor, the Lieutenant Governor, the Speaker, a State Senator, or a State Representative.
5. Event Holder – Any person or organization that submits an application and is approved to hold an event. The Event Holder is responsible for complying with all SPB rules, policies, and guidance and may be required to pay any costs or damage fees assessed by the SPB.

B. Use of the Capitol and Capitol Extension

Events must have a public purpose as defined in subsection (A) (3) of this policy. Events will be approved and scheduled by the State Preservation Board (SPB) upon the recommendation of a state official sponsor as described in subsection (A) (4) of this policy. The SPB is charged with overseeing and protecting the building, therefore retains discretion to deny any application or request that might involve risk to the public or potential liability for a state agency or official. SPB retains the right to modify or redirect the event program at any time for any reason . Additionally, the SPB may require a group to halt any event whose participants violate this policy or requirements set in the Texas Administrative Code. It may impact future event applications if an event deviates from the program described in the event application or refuses to follow instructions by Capitol DPS or an agent of the SPB.

C. Scheduling Procedures

The SPB is charged with overseeing and protecting the building, therefore, retains discretion to deny any application or request that might involve risk to the public or potential liability for a state agency or official. Additionally, the SPB may require a group to halt any event whose participants violate this policy or requirements set in the Texas Administrative Code. It may impact future event applications if an event diverges from the program described in the event application or refuses to follow instructions by Capitol DPS or an agent of the SPB.

1. All Capitol Grounds events must be approved and scheduled by the SPB upon the recommendation of a State Official Sponsor as described in subsection (A)(4) of this policy. Requests must be received by the SPB no later than one week before the date requested.
2. Reservations may be made up to six months in advance of the date of the event. Prior to a legislative session, the calendar for the entire legislative session is available six months from the start of each session.
3. All events must have a public purpose as described in subsection (A)(2) of this document.
4. No event on the Capitol Grounds shall exceed 3 hours in length on a calendar day and must conclude by 8 pm.
5. Event requests may be denied if the frequency of requests limits reasonable access to the Grounds for other uses that serve a public purpose.
6. In the event of inclement weather, SPB does not move events to indoor space. Additionally, to ensure public access as well as accommodate other events, the SPB does not allow for "rain dates" to move an event to a later date.
7. The Event Holder is responsible for contacting the SPB Events Staff to request vehicle access to load items such as AV equipment, staging, tents, furniture etc. Access is not to be granted for parking or drop-off of persons. Requests for access must be made to the SPB Events staff no later than 3 business days prior to the event and may or may not be granted.
8. The SPB reserves the right to make technical corrections to the application as well as aesthetic adjustment to any event logistics including volume levels or other impact to the facility at the time of the event.

D. Criteria for Approval of Grounds Events

1. Approval will not be granted if it is determined that the event:
   1. Promotes a commercial enterprise)
   2. Obstructs entrances or interrupts traffic flow through the building.
   3. Obstructs the view or access to firefighting equipment, fire alarm pull stations, or fire hydrants.
   4. Involves the use of flammable, hazardous, odorous chemicals or materials except as approved by the SPB; torches, candles, or other open-flame devices or fires except as communicated to and approved by the SPB.
   5. Involves the use of cannons (cannons are not permitted on the Capitol Grounds for any event).
   6. Involves the use of signs or placards attached to Capitol Property or staked into the ground.
   7. Involves the use of balloons for the purpose of release, distribution to individual attendees, or as a water activity. Balloons are not permitted inside the Capitol.
   8. May cause physical damage to state property (including but not limited to the Capitol's exterior walls, doors, windows, lighting, monuments, fencing, lampposts, walkways, driveways, curbs, signage, irrigation system, trees, grass, plants, or flower beds).
2. Intended use may not interfere with any Legislative Session or the regular use of the Capitol Grounds for the transaction of state business.
3. Sound equipment, chairs, podiums, tents, or other equipment required for events must be approved by the SPB prior to the event, but furnished and installed by the requesting party. Installation approval is subject to inspection by SPB Events Staff and the Capitol Fire Marshal.
4. A properly approved request to use the Capitol Grounds for a lawful Public Purpose shall constitute tacit acceptance by the Event Holder of all legal and financial liability for any damage to state property, or for any personal injury caused by the described activity, or occur as a result of the activity.
5. Security services other than those routinely provided by Capitol DPS are the responsibility of the Event Holders; however, the SPB must approve any additional security arrangements.
6. Fundraising on the premises is not allowed unless the fundraising directly benefits the Capitol or unless it is part of the gubernatorial inaugural or a similar event approved by the SPB, and the funds are designed to recover the direct costs to the state for the event or activity.
7. The promotion of a commercial enterprise is prohibited.
8. Events may not violate the gambling provisions of Texas Penal Code §47.02.
9. Events may not repurpose stanchioning intended for ingress/egress.
10. Event Holders will be held responsible for clean-up of the area. SPB will conduct an inspection of the area to determine whether it was adequately cleaned and that there are no damages. The Event Holder will be responsible for the costs of any additional clean up or damage repair.

E. Fee and Damages

1. A fee may be required from persons or entities reserving the Capitol Grounds for any scheduled event or activity. The amount of the fee will be set by the SPB upon review of the event application and will be designed to recover the direct and indirect costs to the state for the event or activity. The fee must be received in the office of the SPB no later than one business day prior to the event. If the fee is not received, the reservation will be canceled.
2. Except in cases of inclement weather, refunds will only be issued if cancellations are received at least one business day prior to the event. In case of inclement weather on after-hours, weekend or holiday events, the event holder must cancel the event within one (1) hour of the set-up time stated on the event application to receive a full refund. Otherwise, all applicable fees will apply.
3. The SPB has the authority to collect damage fees for the cost of any damage to the Capitol or Capitol Grounds that results from event.

F. Indemnification

1. Event holder agrees to defend, indemnify and hold harmless the SPB, the State of Texas, all of its officers, employees and agents from any and all claims, actions, suits, demands, proceedings, costs, damages, or liabilities brought by any third party which result from the event holder's presence, equipment, or use of the Capitol Grounds.
2. Event holder agrees that the SPB, the State of Texas, all of its officers, employees, and agents are now and hereafter relieved of any and all responsibility and liability for any and all injury, loss or damage that the event holder, its agents, and invitees or their property may incur as a result of or during the event holder's use of the Capitol Grounds, provided said injury, loss or damage is not the result of the negligence of an SPB employee. Therefore, event holder on its own behalf and on behalf of its agents and invitees hereby agrees to hold harmless, indemnify and defend the SPB, the State of Texas, all of its officers, employee sand agents from and against any and all costs, damages, fees, expenses, or liability of any type or nature related to the same.
3. Event holder further covenants and agrees to indemnify and to fully pay and reimburse the SPB any and all costs of replacement of damaged property, and for the restoration and repair of the Capitol Grounds which in any way are damaged, destroyed or otherwise defaced or harmed as a result of use by the event holder, its agents or invitees.

G. Policy for use of the Texas Capitol Driveways and Walkways

*** Only for event that involves use of the Texas Capitol driveways and walkways ***

This policy addendum covers fun runs, competitive races, walks, and other events that involve the use of the Texas Capitol driveways and walkways. In addition to abiding by the terms contained in the Capitol Grounds Policy, the Event Holder understands and agrees to adhere to the following terms:

1. Event Holder will pay for Department of Public Safety (DPS) personnel to be stationed at any bollards that must be deactivated for purposes of the event, while the bollards are deactivated. The rate for such personnel will be established by DPS.
2. The State Preservation Board reserves the right to rescind Event Holder's usage of the driveway and walkway in the event that the Legislature is in session or in the event that any other unforeseen State business must be transacted. Event Holder is encouraged to develop a backup route to avoid disruption of the event. In addition, the SPB may rescind Event Holder's usage of the driveway or walkway in response to an act of war, order of legal authority, act of God, or other unavoidable cause.
3. No sponsored race or walking event may be held on the driveway or on walkways during the regular business hours of Monday through Friday, 7:00 a.m. to 6:00 p.m.
4. Before the event can be approved by the SPB, Event Holder must provide the SPB with an original Certificate of Insurance completed by an agent authorized to bind the named underwriter(s) and their company to a Commercial General Liability policy with a combined single limit for bodily injury and property damage of $500,000 per occurrence or its equivalent, with a $1,000,000 General Aggregate. Such coverage shall be for a term sufficient to cover the term of the event. The original certificate must name the State Preservation Board and the State of Texas as additional insured with a 30-day cancellation notice. The original Certificate of Insurance must have the agent’s original signature, including the signer’s company affiliation, title, and phone number, and be mailed directly from the agent to the SPB. Insurance certificate can be attached in the online request, or emailed to the SPB Events Staff at Capitol.Events@tspb.texas.gov or (512) 463-3051 with any questions.

H. Capitol Grounds Event Locations

The Capitol Grounds location options are the South Steps, Great Walk, East Lawn, and Southwest Lawn. Capitol driveways and walkways may also be requested for use.