Texas Register, Volume 38, Number 9, Pages 1269-1452, March 1, 2013 Page: 1,295
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equate reporting and return or place such collections according to the
terms of the loan agreement entered into with the collection owner;
(3) maintain on a temporary basis, collections recovered by
other organizations or individuals from archeological sites in Texas that
the archeology division agrees to accept for placement in an appropriate
(4) refer to curatorial facilities all other requests from indi-
viduals, institutions, organizations, and agencies for collections place-
(5) maintain on a permanent basis only those collections
falling within its responsibilities, for which no permanent repository
can be found, and/or for comparative analysis.
(b) Curatorial facilities. In seeking curatorial facilities for col-
lections held in temporary custody, the archeology division will ob-
serve the following procedures.
(1) All collections transferred by this office to a curatorial
facility will include copies of all pertinent site records.
(2) Curatorial facilities will be identified by this office ac-
cording to the criteria of existing state and federal standards for cura-
(3) For state held-in-trust collections, placement will be in
accordance with the requirements specified in Chapter 29 of this title
(relating to Management and Care of Artifacts and Collections).
(4) For collections that do not meet the state held-in-trust
criteria, preference will be given in accordance with the following cri-
(A) curatorial facilities that are in the region from which
the collections were recovered;
(B) curatorial facilities that maintain procedures for ac-
cess to collections and site records that prevent disclosure of informa-
tion harmful to the resources involved;
(C) curatorial facilities that facilitate scientific, archeo-
(D) curatorial facilities that observe state and/or federal
standards for curation; and
(E) repositories in the State of Texas.
(5) Transfer of collections to curatorial facilities will be
made under the terms of a written agreement between the facility and
the commission. The agreement will include an inventory of trans-
ferred items, and its terms will be guided by the pertinent state or fed-
eral standards for curation. The agreement will provide that, should a
repository fail to maintain the integrity of collections provided by the
commission, or to protect them adequately, the repository will notify
the commission so that other arrangements can be made for the collec-
(6) Pertinent data concerning collections, related site
records, and the sites of resources from which the collections were
made may be retained in the commission's inventory of archeological
resources, and no transfer agreement will be made that prohibits the
commission from retaining data and information.
(c) Human skeletal remains.
(1) This office will not publicly exhibit human skeletal re-
mains recovered from archeological sites, and it will discourage the
public exhibition of human skeletal remains recovered from archeo-
logical sites by others.
(2) Human skeletal remains and associated artifacts will be
handled in a manner that complies with applicable state and federal
laws and regulations.
(d) Artifact identification. This office will not assist in the
identification of unprovenienced artifacts.
(e) Appraisals. This office will not appraise collections or ar-
tifacts for private citizens, corporations, or organizations or retain an
appraiser for or refer an appraiser to the private citizen, corporation or
organization. THC personnel may evaluate state-associated collections
for in-house purposes. Donors requiring appraisals for income tax pur-
poses must obtain an appraisal at their own expense from an appraiser
of their choice prior to donation. In-house evaluation of state-asso-
ciated collections or artifacts retained at the commission's facilities
for insurance purposes, traveling exhibits or activities within the pro-
fessional community are professional assessments and not appraisals.
In-house evaluations are the responsibility of the agency.
25.7. Protection of Archeological Sites.
(a) Purpose. The purpose of this section is to preserve archeo-
logical sites through the implementation of preservation designations,
conservation easements, or through the acquisition of real property by
donation or purchase.
(b) Assessment and selection. Selection of sites for protection
is made by the Archeology Division on the basis of an assessment of
site significance and integrity as stated in 25.2 of this title (relating to
Determination of Significance). Priority is given to significant sites that
are threatened with damage or destruction. Assessment and selection
of sites for protection may be made in cooperation with individuals,
institutions, non-profit organizations, corporations, and/or state or fed-
(c) Factors influencing selections include the following:
(1) potential to contribute to a better understanding of
(2) importance of the site within the context of a regional
culture area; and
(3) public education and interpretation potential of the
(d) For proposed donations and purchases, assessments and
recommendations may also take fiscal implications and other pertinent
information into account.
(e) Protection procedures. The following procedures will be
(1) All protective measures for sites on privately owned
land will be undertaken only with the full and voluntary cooperation
of the owner(s).
(2) The owner(s) will be informed of the archeological sig-
nificance of the sites located on their property and of the various options
available to ensure long-term preservation.
(3) The alternatives for long-term preservation include, but
are not limited to, the following:
(A) donation of the property to the state or to a suitable
(B) purchase of the property by the state or a suitable
(C) assignment of a conservation easement (Conserva-
tion Easement Act, Texas Natural Resources Code, Chapter 183) by
owner(s) to the state or qualified nonprofit organization;
PROPOSED RULES March 1, 2013 38 TexReg 1295
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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/m1/27/: accessed June 25, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.