Texas Register, Volume 38, Number 9, Pages 1269-1452, March 1, 2013 Page: 1,294
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drawings, site data forms, TexSite electronic forms, documents, audio
data, and electronic data.
(16) State archeologist--The position authorized by Texas
Government Code 442.007, responsible for the administration of the
state archeological program.
(17) Steward--A current member of the Texas Archeologi-
cal Stewardship Network.
(18) Texas Archeological Stewardship Network or
TASN--A volunteer program administered by the commission. The
TASN is composed of volunteer avocational archeologists selected
for their demonstrated skills, experience and abilities to assist the
commission with archeological investigations, research, preservation
efforts, training, and public outreach endeavors.
(19) TexSite form--The standardized electronic form for
recording archeological site information as developed by the commis-
sion and Texas Archeological Research Laboratory of The University
25.2. Determination of Significance.
A determination of significance is used by the Archeology Division to
help decide which archeological sites are most worthy of recording,
investigation, preservation, and other treatment. Considered in a deter-
mination of significance are the following:
(1) listing in the National Register of Historic Places;
(2) designation as a state antiquities landmark;
(3) qualification, as determined by the commission, as an
eligible property under the criteria for inclusion in the National Register
of Historic Places or for designation as a state antiquities landmark;
(4) marking by an official Texas historical marker of any
type, including centennial markers;
(5) determination by the state archeologist or the commis-
sion that the site or resource is capable of yielding information impor-
tant to the understanding of history; and
(6) an age of at least 50 years, unless younger and deter-
mined by the state archeologist or the commission to be of transcendent
historical or cultural importance.
25.3. Site Investigations.
(a) Decisions. The choice to investigate a site or other historic
resource is made by the state archeologist in consideration of the fol-
(1) the nature and immediacy of any threat to the site or
(2) the site's significance as defined in 25.2 of this title
(relating to Determination of Significance).
(3) These decisions pertain to archeological sites on land.
Decisions to investigate submerged sites such as historic shipwrecks
will be governed by Chapter 28 of this title (relating to Historic Ship-
(b) Appointment of avocational assistant. The state archeolo-
gist may appoint avocational archeologists, such as stewards, to inves-
tigate or inventory historic resources threatened by immediate harm or
to aid in mitigating the effect of damage. The appointed avocational
archeologist(s) will work under the direction of the state archeologist.
Such appointments do not supersede requirements specified in the An-
tiquities Code of Texas (Texas Natural Resources Code Chapter 191)
or associated rules (Chapter 26 of this title) or any pertinent federal
statutes and regulations.
(a) Any individual, institution, organization, agency, or corpo-
ration may direct inquiries to the state archeologist and request consul-
tation relating to prehistoric and historic archeology and related mat-
ters. All inquiries will be answered or referred to another appropriate
agency or organization.
(b) Consultations involving archeological investigation are
carried on in accordance with the criteria of 25.3 of this title (relating
to Site Investigations) and any pertinent state or federal statutes, rules
25.5. Inventory ofArcheological Sites.
(a) A continuing inventory of nonrenewable archeological re-
sources is maintained and includes data pertinent to archeological sites
in Texas. Information from other sources is included.
(b) Request for access. Any person who desires access to the
statewide inventory shall make their request in accordance with the
rules set forth in Chapter 24 of this title (relating to Restricted Cultural
(c) Withholding information. Any specific information in the
inventory of sites may be withheld from publication or from the public
if the state archeologist deems that disclosure would be likely to result
in harm to the resources. Information that may be withheld includes,
but is not limited to, site records, locational information, notes, pho-
tographs, maps, spatial imagery, reports, and electronic data, including
Restricted Cultural Resource Information contained within the Texas
Historic Sites Atlas, as defined in 24.7 of this title (relating to Defini-
(d) Conditions. Determinations to withhold information will
be made by the state archeologist on the facts of each request for infor-
mation and are based on the following conditions:
(1) ownership of the resource, where disclosure of infor-
mation may lead to infringement of the legal rights of private landown-
(2) significance of the resource, in that significance reflects
the magnitude of potential loss caused by damage to the resource;
(3) quality and amount of evaluative data available for the
resource, in that insufficient data can impede an accurate determination
of the character and significance of the resource;
(4) location of the resource in relation to other nearby
and/or related resources, in that withholding of site location and/or
data may help protect other resources;
(5) existing protective measures in place at the resource,
such as state antiquities landmark designation, conservation easement,
and/or maintenance as a historic site, park or other facility with on-site
supervisory personnel; and
(6) previous and widespread general knowledge of the lo-
cation and character of a resource, in that information relating to well-
known landmarks, historic sites, and/or other public resources will not
arbitrarily be withheld.
(a) Maintenance. The commission will do the following:
(1) maintain collections recovered by the archeology divi-
sion for the period of time required for their processing, analysis, and
(2) maintain collections on loan to the archeology division
for the period of time required for their processing, analysis, and ad-
38 TexReg 1294 March 1, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 9, Pages 1269-1452, March 1, 2013, periodical, March 1, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth308911/m1/26/: accessed June 26, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.