Current through Reg. 50, No. 13; March 28, 2025
(a)
Purpose. The purpose of this section is to specify the conditions under which
items may be loaned to eligible borrowers for public exhibition. Even if a
prospective borrower meets all eligibility requirements for a loan, the
decision regarding any and all loans is at the sole discretion of the agency or
the commission, as appropriate.
(b)
Eligible borrowers. Any public or private cultural heritage or educational
institution or organization may request the loan of an item for public
exhibition purposes. The Texas State Preservation Board and its exhibit venues
will have preference over other archives, museums, and similar public
institutions in Texas. Texas archives, museums, and similar public institutions
will have preference over out-of-state and private entities. Loans to
institutions outside of Texas will generally only be approved for nationally
significant exhibitions by major institutions.
(c) Loan Request. Except as provided below
and in subsection (e), requests for loans must be submitted to the director and
librarian at least 60 days prior to the expected loan receipt date and include
the exhibition title, dates of exhibition and loan period, a general
description of the exhibition, and complete citations for each item requested.
Exceptions to the 60-day requirement are as follows:
(1) Requests for loans of any item by a
non-Texas venue must be submitted at least 12 months prior to expected loan
receipt date; and
(2) Requests for
loans of an item may be approved in less than 60 days if the director and
librarian waives the 60-day requirement.
(d) Loan Period. Except as provided in
subsection (e), the maximum loan period for any item is six months, unless the
agency determines the loan is in the best interest of the state or will provide
a benefit to the agency related to public education, outreach, publicity, or
promotion of the agency's mission. The director and librarian may recall a
loaned item for good cause at any time and will attempt to give reasonable
notice thereof.
(e) Special
circumstances. Loan requests and loan periods for certain items are subject to
additional requirements and conditions as follows:
(1) The maximum loan period for textiles,
flags, artworks, photographic materials, documents with faded or vulnerable
inks, or any other especially light sensitive or fragile items is three
months;
(2) Requests for loan of
the original signed manuscript and the printed broadside copy of the Texas
Declaration of Independence, the Constitution of Texas (including original
drafts), treaties of the Republic of Texas, the Travis Letter, and other items
of particular historical significance as determined by the state archivist must
be submitted at least 12 months prior to expected loan receipt date and require
formal approval of the commission in an open meeting, and:
(A) The maximum loan period is 30 days unless
the commission determines the exhibition is of special state or national
significance; and
(B) Requests may
be approved in less than 12 months, but in no event less than six months, if
the director and librarian recommends waiver of the 12-month requirement and
the commission approves.
(f) Loan Agreement. A borrower must sign a
written loan agreement documenting the borrower's commitment to compliance with
this section and any additional conditions appropriate for the specific loan.
Additional conditions may include, but are not limited to, the following:
(1) Borrower may not display items in a
location or exhibition other than that cited on the loan agreement without
prior written permission from the director and librarian;
(2) Borrower may not transfer physical
custody of loaned items to another institution or third party without prior
written permission from the director and librarian;
(3) Borrower may not alter, clean, or repair
loaned items, perform any conservation treatment, or remove a document from a
housing provided by the agency without prior written permission from the
director and librarian; and
(4)
Borrower will notify the agency promptly if any agreed upon conditions change
during the course of exhibition of the item.
(g) Security and Environmental Conditions.
(1) Items must be displayed in a facility
equipped with a networked fire monitoring and alarm system with an automatic
aqueous or non-aqueous clean agent fire suppression system and fire protection
equipment as described in National Fire Protection Association-Standard for the
Protection of Cultural Resources Including Museums, Libraries, Places of
Worship, and Historic Properties (NFPA909-2021).
(2) Items on loan must be secure at all
times. Professional security guards or other trained personnel must regularly
patrol exhibition areas during hours of public access. The borrower must have
sufficient 24-hour guards or a 24-hour electronic security system to
effectively monitor and protect the exhibition, storage, and preparation areas
at all times. The commission may require continuous 24-hour onsite guard by a
Licensed Texas Peace Officer, Texas Department of Public Safety officer,
licensed Texas security guard, or an equivalent officer or guard within the
borrower's jurisdiction if the borrower is located in a state other than
Texas.
(3) Temperature and humidity
levels must be monitored and controlled. A temperature of 70 degrees
Fahrenheit, plus or minus 5 degrees, and a relative humidity of 50% plus or
minus 5% without rapid fluctuations must be maintained in the storage,
preparation, and exhibition areas. Before approving a loan and while items are
on loan, the director and librarian may request copies of temperature and
humidity readings from the borrower to verify these requirements.
(4) Exhibit venue must be a stationary
weather-tight structure with a permanent foundation. Display in portable or
temporary buildings or in vehicles is prohibited.
(5) Exhibition cases must be clean,
dust-proof, and secured with locks or security screws. Exhibit must be case set
into or affixed to a permanent wall, anchored to the floor or foundation, or of
such substantial construction as to be immovable without special equipment.
Frames must also be clean, dust-proof, and secured to the wall with security
screws or other hanging methods approved by the director and librarian. Glass
or acrylic sheeting, such as plexiglass, lucite, or polycast must protect all
materials displayed in frames or cases. The director and librarian may specify
grades of acrylic sheeting that filter ultraviolet light for materials that are
especially light sensitive.
(6) The
exhibition must be monitored daily to ensure security and stability of
documents within the cases and frames as well as adequate maintenance and
cleaning of the exhibit area.
(7)
Eating, drinking, and smoking must be prohibited in the storage, preparation,
and exhibition areas.
(h) Lighting Conditions.
(1) Incandescent or LED lights are the
preferred lighting types for exhibition lighting. All light sources must be
filtered to remove the ultraviolet component.
(2) When lighting items exhibited in a case,
exterior lights shall be used whenever possible. If interior case lights are
used, fluorescent or LED lights with ultraviolet filters are preferable to
ensure a minimal effect on temperature in the case.
(3) No items may be exhibited where they will
be exposed to direct or unfiltered sunlight.
(4) The allowable light level for display of
certain items of particular historical significance, as determined by the state
archivist, is an illumination of no more than 5 foot-candles or 53.8 lux,
measured near the surface of the exhibited item. Exhibits with adjustable fiber
optic illumination are preferred. The allowable range of illumination for all
other items is 5 - 7 foot-candles or 53.8 - 75.3 lux, where a smaller numerical
reading is preferred.
(i) Handling and Installation.
(1) Items may be handled and installed only
by a curator, archivist, registrar, exhibit technician, or conservator under
contract to or on the staff of the borrower.
(2) The agency may encapsulate or mat
documents for loan to minimize dangers associated with handling and exhibition.
No item borrowed for exhibition may be altered, cleaned, repaired, or removed
from housing provided by the agency without first obtaining written permission
from the director and librarian.
(3) The agency may directly supervise the
installation of its items.
(4) All
items must be handled, supported, and conveyed by means that will prevent
damage during transport to and from the borrowing institution and within
it.
(5) All items must be given
sufficient physical support to prevent damage during exhibition.
(j) Inspections.
(1) An agency staff member may inspect the
exhibition area before the loan is approved. If, after an agency staff
inspection, in the opinion of the director and librarian any loan requirement
cannot be met, the loan will not be made.
(2) Agency staff members or personnel
designated by the director and librarian may inspect loaned items at any time
during the period of the loan. If agency staff identify any requirement of this
section not being met and the borrower is unable to correct the deficiency in a
reasonable period of time, the loan will be terminated and the agency will
recall the item.
(k)
Packing and Transportation.
(1) Unless the
agency specifies otherwise, agency staff will pack items going out on loan. The
borrower is responsible for packing loan items to return to the agency. All
items must be given sufficient support and protection to prevent damage during
transit.
(2) The borrower will pay
all costs associated with shipping or transporting the items on loan from the
agency. Shipping arrangements will be made in consultation with the
agency.
(3) Transportation for
certain items of particular historical significance, as determined by the state
archivist, to and from the borrower location will generally require the
services of a DPS escort, armored security contractor, or bonded security
courier. The borrower will be responsible for costs associated with
transportation and security. The location of the venue and distance from the
agency, as well as mode of transportation required to deliver the loan item,
will be considered in evaluating the request.
(l) Insurance. Prior to loaning an item, a
borrower must provide evidence of all-risk insurance coverage adequate to cover
the assigned monetary values for all loaned items from the time the items leave
the agency until the time of return. The agency may assign insurance values for
loan items at its discretion, based on a new, previous, or similar appraisals
or estimates, adjusted if necessary. If an appraised or estimated insurance
value is not available, the borrower may be required to pay for an appraisal by
a qualified, reputable, and mutually agreed upon appraiser.
(m) Publicity and Credit.
(1) The director and librarian must approve
any plans to reproduce loaned items for exhibition-related publications, other
publications, and publicity purposes.
(2) Agency materials on exhibition may be
photographed by the general public without the use of flash or
tripod.
(3) In the exhibition and
related publicity, the agency must receive clear and prominent credit. The
following credit line shall be used: Archives and Information Services
Division, Texas State Library and Archives Commission.
