Current through Reg. 49, No. 38; September 20, 2024
(a) Ownership.
The Commission is responsible for the management of archeological, archival,
architectural, historic furnishing, and fine arts collections associated with
historic sites overseen by the Commission. The Commission is granted authority
over these collections by this section and §
RSA 29.7
of this title (relating to State Associated Collections)
(b) Governance. Statutory and administrative
authority over state-owned collections that are managed by the Commission is
established in Texas Natural Resources Code §§
RSA 191.051,
RSA 191.058,
RSA 191.091,
RSA 191.092; Texas
Government Code §§
RSA 442.007,
RSA 442.015,
RSA 442.075,
RSA 2175.909; and in
Chapter 26 and 29 of the Texas Administrative Code. Operational and procedural
requirements related to the care and management of state-owned collections
overseen by the Commission are outlined in the Commission's Collections
Management Policy (CMP).
(c)
Deaccessioning. The Commission recognized the special responsibility associated
with the receipt and maintenance of objects of cultural, historical, and
scientific significance in the public trust. The decision to deaccession
state-associated held-in-trust object and collections is the responsibility of
the Commission and is governed by this section and §
RSA 26.5
of this title (relating to Antiquities Advisory Board).
(d) Final disposition of deaccessioned
collections. Following confirmation that a collection object is not subject to
any conditions established at the time of acquisition that may affect its
disposition and that there is sufficient documentation to a sure clear title to
the object, a deaccessioned collection object will be disposed of in accordance
with this section. All efforts will be made to contact the original donor to
provide notification of pending collections disposition. ln accordance with
U.S. income tax policy, the Commission is not able to return deaccessioned
object to their original donors or donors' estates.
(1) Transfer or exchange. A deaccessioned
collection object may be offered for transfer or exchange to another public
institution within the State of Texas. Any such transfer or exchange will occur
only on the written understanding that the object must remain within the public
domain for a period of ten years, Recipient institutions will incur all
transportation costs, unless otherwise agreed, and are expected to provide
appropriate preservation and/or exhibit facilities.
(A) Qualified institution. Recipient
institutions must have an established collections policy. The collection
object(s) being transferred should fall within the recipient institution's
scope of collections and the objects should be candidates for exhibition or
study within the institution.
(B)
Object title. Title to deaccessioned objects will be transferred along with the
deaccessioned collection(s) to the recipient institution. In the event that the
recipient institution is unwilling or unable to appropriately maintain the
transferred collection(s) for the requisite ten years, title will revert back
to the Commission and the Commission will assume responsibility for managing
the objects' final disposition.
(2) Sale. If a deaccessioned collection
object cannot be transferred or exchanged, it may be sold as a means of
disposition, preferable by public auction, in consultation with the Texas
Facilities Commission and following the provisions outlined by Texas Government
Code §
RSA 2175.909 (relating to
Sale of Certain Historic Property, Proceeds of Sale). All proceeds from any
sale at auction of such deaccessioned objects would benefit the source
collections from which the objects were removed.
(A) Coordination with the Texas Facilities
Commission (TFC). The Commission will work with the TFC to ensure that all
sales of deaccessioned collection items will be most advantageous to the state
under the circumstances. The Commission will also provide the TFC all
documentation necessary for verification that the deaccession of the item is
appropriate under the Commission's written policy governing the care and
preservation of the collection. The Commission will report any sale to the TFC,
including a description of the property disposed of, the reasons for disposal,
the price paid for the property disposed of, and the recipient of the property
disposed of.
(B) Vendor
qualifications. When selecting a vendor to sell the deaccessioned collection(s)
by competitive bid, auction, or direct sale to the public, the Commission must
publish a Request for Qualifications (RFQ) to ensure that the sale is conducted
by a qualified vendor. Selection of the vendor should be the most advantageous
to the state under the circumstances.
(C) Appraisal. Object whose estimated fair
market value could potentially exceed $500.00 must be appraised by: a
qualified, independent appraiser. Objects whose estimated fair market value
could potentially exceed $25,000.00 must be appraised by two separate
qualified, independent appraisers.
(D) Dedicated account. The Commission shall
create a dedicated fund in the general revenue fund for the deposit of any
money resulting from the sale of deaccessioned items. All proceeds from any
sale at auction of such deaccessioned objects would benefit the source
collections from which the objects were removed. The Commission must ensure
that money in the fund is appropriated only for the purposes prescribed by
Texas Government Code §RSA 2175.909<subdiv>(f)</subdiv>,
including the care and preservation of the Commission's qualifying
collection.
(3)
Assignment to other historic site operations. If a deaccessioned collection
object cannot be transferred or exchanged, it may also be made available for
other operational purposes within the Commission. The deaccessioned collection
object may be used for interpretive programming, exhibition props, restoration
of another collection item, or similar purposes.
(4) Destruction. Disposal of a collection
object by destruction is the final recourse and is permitted under the
following circumstances:
(A) all reasonable
efforts were made to dispose of the object through other means;
(B) the object is environmentally hazardous
and poses a danger to other collections or staff; and
(C) the object has no residual heritage,
preservation, or market value to the Commission.
