(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 §
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 §
2175.909 (f),
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.
