Texas Register, Volume 42, Number 33, Pages 4031-4186, August 18, 2017 Page: 4,067

                                
maintain that inventory, including restricted data contained within the
Texas Historic Sites Atlas electronic database.
(19)  [(1-4)] Professional archeologist--An archeologist cer-
tified by the Register of Professional Archeologists (RPA) for the level
of required investigation; anyone determined a professional archeolo-
gist by the state archeologist, according to the criteria of the RPA; or
anyone meeting required qualifications and standards detailed in per-
tinent state rules ( 26.4 of this title) or federal requirements specified
in the Secretary of Interior's Professional Qualifications Standards (36
CFR Part 61, Appendix A) for archeological investigations.
(20) [(4--)] Site records--All data and information relating
to the character, condition, and location of any archeological site or
other historic resource and all data and information pertinent to col-
lections of material remains. Site records include, but are not limited
to, artifact catalogues, photographs, digital imagery, maps, spatial im-
agery, notes, drawings, site data forms, TexSite electronic forms, doc-
uments, audio data, and electronic data.
(21) [(-16)] State archeologist--The position authorized by
Texas Government Code  442.007, responsible for the administration
of the state archeological program.
(22)  [(4--7)] Steward--A  current member of the Texas
Archeological Stewardship Network.
(23)-[(4-8)] 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 commis-
sion with archeological investigations, research, preservation efforts,
training, and public outreach endeavors.
(24)  [(4-9)] TexSite form--The standardized electronic form
for recording archeological site information as developed by the com-
mission and Texas Archeological Research Laboratory of The Univer-
sity of Texas.
(25) Unknown cemetery--An abandoned cemetery evi-
denced by the presence of marked or unmarked graves that does not
appear on a map or in deed records.
(26) Unverified cemetery--A location having some evi-
dence of human burial interments, but in which the presence of one
or more unmarked graves has not been verified by a person described
by  711.0105(a) of the Health and Safety Code of Texas or by the
commission.
(27) Unidentified grave--A grave that is not marked in a
manner that provides the identity of the interment.
(28) Verified cemetery--The location of a human burial in-
terment or interments as verified by the commission.
25.9. Discovery and Evaluation of Unverified Cemeteries.
(a) Discovery of Unverified Cemeteries. Section 711.0111 of
the Health and Safety Code of Texas requires that any person that dis-
covers an unverified cemetery shall file a notice and evidence of the
discovery with the commission on a form provided by the commission.
Section 711.0111 also requires that any person that discovers an unver-
ified cemetery shall concurrently provide a copy of the notice of the
filing with the landowner on record in the county appraisal district on
whose land the unverified cemetery is located. The commission shall
evaluate the notice and the evidence submitted with the notice, and con-
sider the response of the landowner, if any is received not later than the
30th day after notice, and shall determine whether there is sufficient
evidence to support the claim of the existence of a cemetery. If the
commission determines that sufficient evidence supports the existence

of a cemetery, the commission shall notify the landowner and may file
notice of the existence of the cemetery under  711.011 of the Health
and Safety Code. If a notice of existence has already been filed under
711.011 and the commission has determined that there is not sufficient
evidence of a cemetery the commission shall notify the landowner of
its determination, amend the notice to include the commission's deter-
mination, and file the amendment with the county clerk to correct the
dedication.
(b) Criteria for Evaluating and Verifying Cemeteries. The
commission shall use one or more of the following criteria when
assessing the verification of the existence of a cemetery:
(1) the location contains interment(s) that is/are confirmed
through assessments or investigations consented by the landowner and
performed by a professional archeologist or other individuals as defined
by  711.0105(a) of the Health and Safety Code of Texas;
(2) the location contains human burial caskets or other
containers or vessels that contain human remains or are contextually
known to have been used to inter human remains;
(3) the location contains articulated human remains that
were deliberately interred; or
(4) the location contains a burial pit or burial pit features.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on August 4, 2017.
TRD-201702939
Mark Wolfe
Executive Director
Texas Historical Commission
Earliest possible date of adoption: September 17, 2017
For further information, please call: (512) 463-8882
CHAPTER 26. PRACTICE AND PROCEDURE
The Texas Historical Commission (hereafter referred to as
the commission) proposes amendments to  26.1 (Object),
26.2 (Scope),  26.3 (Definitions),  26.5 (Antiquities Advisory
Board),  26.7 (Location and Discovery of Cultural Resources
and Landmarks),  26.10 (Criteria for Evaluating Archeological
Sites),  26.14 (Issuance and Restrictions of Archeological
Permits),  26.16 (Reports Relating to Archeological Permits),
26.17 (Principal Investigator's Responsibilities for Disposition
of Archeological Artifacts and Data),  26.19 (Criteria for Eval-
uating Historic Buildings and Structures),  26.20 (Application
for Historic Buildings and Structures Permits), and  26.23
(Reports Relating to Historic Buildings and Structures Permits)
of Title 13, Part 2, Chapter 26 of the Texas Administrative Code
(relating to Practice and Procedure) under the jurisdiction of the
Antiquities Code of Texas (Title 9, Chapter 191, of the Texas
Natural Resources Code). Sections 26.1 - 26.3, and 26.5 are
under Subchapter A;  26.7 is under Subchapter B;   26.10,
26.14, 26.16, and 26.17 are under Subchapter C; and   26.19,
26.20, and 26.23 are under Subchapter D.
Section 26.1: Object is amended to add reference to the Health
and Safety Code of Texas.
Sections 26.2: Scope, 26.20: Application for Historic Buildings
and Structures Permits, and 26.23: Reports Relating to Historic

PROPOSED RULES August 18, 2017 42 TexReg 4067