Texas Register, Volume 38, Number 9, Pages 1269-1452, March 1, 2013 Page: 1,299
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(5) Section 191.054 and 191.055 of the Texas Natural
Resources Code state that the commission oversees investigations
or project work though a permitting process. The commission uses
permits to establish the terms under which work may proceed. Sub-
chapters C and D of this chapter describe the permitting process for
archeological permits and historic buildings and structures permits,
(6) Documents referenced in this chapter, including land-
mark nomination and permit application forms, are available on the
commission website at www.thc.state.tx.us or by contacting the com-
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise.
These definitions also clarify the interpretation of terms and phrases
used in the Antiquities Code of Texas but not defined therein.
(1) Accession--The formal acceptance of a collection and
its recording into the holdings of a curatorial facility and generally in-
cludes a transfer of title. For held-in-trust collections, stewardship but
not title is transferred to the curatorial facility.
(2) Antiquities Advisory Board--A ten-member board that
advises the commission in reviewing matters related to the Antiquities
Code of Texas.
(3) Antiquities Permit or Permit--Authorization for work
on a designated or potential State Antiquities Landmark, or survey in-
vestigations to determine if cultural resources are present. Permit types
include Archeological Permits (26.15 of this title) and Historic Build-
ings and Structures Permits (26.22 of this title).
(4) Applicant--Relative to an Antiquities Permit, an appli-
cant is the controlling agency, organization, or political subdivision
having administrative control over a publicly owned landmark or the
owner of a privately owned landmark. Applicant may also refer to an
individual or private group that desires to nominate a building or site
for landmark designation.
(5) Archeological site--Any land or marine-based place
containing evidence of prehistoric or historic human activity, including
but not limited to the following:
(A) Habitation sites. Habitation sites are areas or struc-
tures where people live or have lived on a permanent or temporary ba-
(B) Native American open campsites which were occu-
pied on a temporary, seasonal, or intermittent basis.
(C) Rock shelters, in general, are a special kind of
campsite. These sites are located in caves or under rock overhangs and
have been occupied either: temporarily, seasonally, or intermittently.
(D) Non-Native American campsites are the cultural re-
mains of activities by people who are not Native American.
(E) Residence sites are those where routine daily activ-
ities were carried out and which were intended for year-round use.
(F) Non-Native American sites may include, in addition
to the main structure, outbuildings, water systems, trash dumps, garden
areas, driveways, and other remains that were an integral part of the site
when it was inhabited.
(G) Non-habitation sites. Non-habitation sites result
from use during specialized activities and may include standing
(i) Rock art and graffiti sites consist of symbols
or representations that have been painted, ground, carved, sculpted,
scratched, or pecked on or into the surface of rocks, wood, or metal,
including but not limited to Native American pictographs and petro-
glyphs, historical graffiti and inscriptions.
(ii) Mines, quarry areas, and lithic procurement sites
are those from which raw materials such as flint, clay, coal, minerals,
or other materials were collected or mined for future use.
(iii) Game procurement and processing sites are ar-
eas where game was killed or butchered for food or hides.
(iv) Fortifications, battlefields, training grounds and
skirmish sites including fortifications of the historic period and the cen-
tral areas of encounters between opposing forces, whether a major bat-
tleground or areas of small skirmishes.
(v) Cache--A collection of artifacts that are deliber-
ately hidden for future use. Caches are often discovered in burials or in
caves and usually consist of ceremonial and ritual objects, functional
objects or emergency food supplies.
(6) Archeological Survey Standards for Texas--Minimum
survey standards developed by the commission in consultation with
the Council of Texas Archeologists.
(7) Artifacts--The tangible objects of the past that relate to
human life and culture. Examples include, but are not limited to pro-
jectile points, tools, documents, art forms, and technologies.
(8) Board--The Antiquities Advisory Board.
(9) Building--A structure created to shelter any form of hu-
man activity, such as a courthouse, city hall, church, hotel, house, barn,
or similar structure. Building may refer to a historically related com-
plex such as a courthouse and jail or a house and barn.
(10) Burials--Marked and unmarked locales set aside for
human burial purposes. Burials may contain the remains of one or more
individuals located in a common grave in a locale. The site area en-
compasses the human remains present and also gravestones, markers,
containers, coverings, garments, vessels, tools, and other grave objects
which may be present.
(11) Cemetery--A place that is used or intended to be used
for interment, and includes a graveyard, burial park, mausoleum, or
any other area containing one or more graves. Cemeteries are consid-
ered historic if interments within the cemetery occurred at least fifty
(50) years ago. Individual burials within a cemetery are not considered
historic unless the interments occurred at least fifty (50) years ago.
(12) Commission--The Texas Historical Commission and
(13) Committee, or Antiquities Committee, or Texas An-
tiquities Committee--As redefined by the 74th Texas Legislature within
191.003 of the Texas Natural Resources Code, committee means the
commission and/or staff members of the commission.
(14) Conservation--Scientific laboratory processes for
cleaning, stabilizing, restoring, preserving artifacts, and the preserva-
tion of buildings, sites, structures and objects.
(15) Council of Texas Archeologists--A non-profit volun-
tary organization that promotes the goals of professional archeology in
the State of Texas.
(16) Council of Texas Archeologists Guidelines--Profes-
sional and ethical standards which provide a code of self-regulation
for archeological professionals in Texas with regard to field methods,
reporting, and curation.
PROPOSED RULES March 1, 2013 38 TexReg 1299
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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/m1/31/: accessed June 24, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.