Texas Register, Volume 26, Number 3, Pages 727-856, January 19, 2001 Page: 759
727-856 p. ; 28 cm.View a full description of this periodical.
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TITLE 13. CULTURAL RESOURCES
PART 2. TEXAS HISTORICAL
COMMISSION
CHAPTER 14. TEXAS HISTORICAL
ARTIFACTS ACQUISITION PROGRAM
13 TAC 14.1, 14.3, 14.5
On October 27, 2000 the Texas Historical Commission voted to
adopt new rules under Title 13, Part II, Chapter 14, 14.1, 14.3,
and 14.5, concerning the possible acquisition of historical arti-
facts, documents, or objects. These rules are adopted without
changes to the proposed text as published in the September 15,
2000, issue of the Texas Register (25 TexReg 9138).
Chapter 14 was created as a response to the passage of an ap-
propriation rider by the 76th Texas Legislature that appropriated
funds for the possible purchase by the State of Texas of impor-
tant historical artifacts, documents, or objects. The Legislature
assigned the Texas Historical Commission as the state agency
responsible for the purchase of any such artifacts, documents, or
objects and these rule implement this process. The chapter de-
scribes and defines the process by which objects or artifacts may
be acquired by the commission for the State of Texas. The chap-
ter also explains the basic criteria that the commission will use
in evaluating and purchasing appropriate historical documents,
objects, or artifacts, and it explains the procedures the commis-
sion will use in potentially placing those objects or artifacts in an
appropriate curatorial facility or museum.
One letter of comments was received regarding adoption of
these proposed rules. The following are the comments, and the
commission's response.
Comment: The commenter did not believe that the State should
engage in the acquisition of memorabilia in open competition
with businesses and individuals who deal in antiquities, because
of the questionable legal and ethical aspects of the antiquities
trade.
Response: The commission agrees, and when and if they find an
object worthy of purchase they will take measures to insure that
the object(s) are authentic and were not procured in such a way
as to encourage the illegal trade in antiquities. Additionally, the
Texas Legislature believes that the purchase of important histor-
ical document or artifacts are in the best interest of the citizensof the State of Texas, and the proposed rule is addressing a leg-
islatively mandated appropriations rider that calls for the poten-
tial purchase of such objects. The Commission, therefore, has
a responsibility to develop procedures to carry out this mandate.
No changes to the rules are needed as a result of this comment.
Comment: Does the Bob Bullock State History Museum pos-
sesses the facilities to properly curate objects, if given to them.
Response: The commission will work with any and all institutions
to insure that they meet proper curation standards, before those
institutions are assigned the responsibility of the care of such
objects or any state held-in-trust collections. No changes to the
rules are needed as a result of this comment.
Comment: Is the commission limited to the acquisition of only
historical objects, or can we also acquire natural history objects.
Response: The appropriations rider did not specifically clarify
this issue, but the commission believe that the legislative intent
did not include natural history objects. No changes to the rules
are needed as a result of this comment.
Comment: Are there other state legal authorities that acquire
natural history objects.
Response: The commission believes that the University of Texas
and other state universities carry out these activities, but the
commission is not aware of other state agencies that may have
the funds or authority to acquire natural history objects. No
changes to the rules are needed as a result of this comment.
Comment: Will these rules invite profiteering.
Response: The commission does not believe they will, and the
commission will insure that the potential acquisition of any his-
torical artifacts or documents in the best interest of the citizens
of the State of Texas. No changes to the rules are needed as a
result of this comment.
Comment: What is to become of such items already in public
collections that have yet to be catalogued, analyzed, curated, or
are otherwise not yet in a state of perpetual preservation.
Response: The commission agrees that these are important
issues that should be addressed by the State Legislature, but
these issues are not a part of the current legislative mandate.
No changes to the rules are needed as a result of this comment.
Comment: Will the commission ask the legislature to allow that
any unexpended funds be appropriated to those institutions that
are failing to preserve our unique cultural history due to financial
shortfalls, or shall the funds lay about waiting on unique oppor-
tunities to bid for treasures at the auction block.ADOPTED RULES January 19, 2001
26 TexReg 759
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Texas. Secretary of State. Texas Register, Volume 26, Number 3, Pages 727-856, January 19, 2001, periodical, January 19, 2001; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth114006/m1/34/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.