Current through Reg. 49, No. 38; September 20, 2024
(a) Ownership. All specimens, artifacts,
materials, and samples plus original field notes, maps, drawings, photographs,
and standard state site survey forms, resulting from the investigations remain
the property of the State of Texas. Certain exceptions left to the discretion
of the Commission are contained in the Texas Natural Resources Code, §RSA 191.052<subdiv>(b)</subdiv>.
The Commission will determine the final disposition of all artifacts,
specimens, materials, and data recovered by investigations on State Antiquities
Landmarks or potential landmarks, which remain the property of the State. These
state-associated collections are of inestimable historical and scientific value
and should be preserved and utilized in such a way as to benefit all the
citizens of Texas. It is the rule of the Commission that such antiquities shall
never be used for commercial exploitation. (see also 13 TAC §
RSA 26.17(relating
to Principal Investigator's Responsibilities for Disposition of Archeological
Artifacts and Data))
(b) Housing,
conserving, and exhibiting state-associated collections. (see also 13 TAC
§
RSA 26.17).
(1) After investigations conducted under the
jurisdiction of the Antiquities Code of Texas have culminated in the reporting
of results, these state-associated collections will be permanently preserved in
research collections at a curatorial facility certified by the Commission.
Prior to the expiration of a permit, proof that state-associated collections
are housed in a curatorial facility is required. Failure to demonstrate proof
before the permit expiration date may result in the principal investigator and
co-principal investigator falling into default status. (see also 13 TAC §
RSA 26.17)
(2) Institutions housing state-associated
collections will also be responsible for adequate security of the collections,
continued conservation, periodic inventory, and for making the collections
available to qualified institutions, individuals, or corporations for research
purposes. (see also 13 TAC §
RSA 26.17)
(3) Exhibits of state-associated collections
will be made in such a way as to provide the maximum amount of historical,
scientific, archeological, and educational information to all the citizens of
Texas. First preference will be given to traveling exhibits following
guidelines provided by the Commission and originating at an adequate facility
nearest to the point of recovery. Permanent exhibits of antiquities may be
prepared by institutions maintaining such collections following guidelines
provided by the Commission. A variety of special, short-term exhibits may also
be authorized by the Commission. (see also 13 TAC §
RSA 26.17)
(c) Access to state-associated
collections for research purposes--collections retained under direct
supervision of the Commission will be available under the following conditions:
(1) Request for access to collections must be
made in writing to the curatorial facility holding the collections indicating
to which collection and what part of the collection access is desired; nature
of research and special requirements during access; who will have access, when,
and for how long; type of report which will result; and expected date of
report.
(2) Access will be granted
during regular working hours to qualified institutions or individuals for
research culminating in non-permit reporting. A copy of the report will be
provided to the Commission.
(3)
Data such as descriptions or photos when available will be provided to
institutions or individuals on a limited basis for research culminating in
nonprofit reporting. A copy of the report will be provided to the
Commission.
(4) Access will be
granted to corporations or individuals preparing articles or books to be
published on a profit-making basis only if there will be no interference with
conservation activities or regular research projects; photos are made and data
collected in the facility housing the collection; arrangements for access are
made in writing at least one month in advance; cost of photos and data and a
reasonable charge of or supervision by responsible personnel are paid by the
corporation or individual desiring access; planned article or publication does
not encourage or condone treasure hunting activity on public lands, State
Antiquities Landmarks, or National Register sites, or other activities which
damage, alter, or destroy cultural resources; proper credit for photos and data
are indicated in the report; a copy of the report will be provided to the
Commission.
(5) The Commission may
maintain a file of standard photographs and captions available for purchase by
the public.
(6) A written agreement
containing the appropriate stipulations will be prepared and executed prior to
the access.
(7) Curatorial
facilities certified by the Commission shall promulgate reasonable procedures
governing access to those collections under their stewardship.
(d) Deaccession. The Commission's
rules for deaccession recognize the special responsibility associated with the
receipt and maintenance of objects of cultural, historical, and scientific
significance in the public trust. Although curatorial facilities become
stewards of held-in-trust collections, title is retained by the Commission for
the State. Thus, the decision to deaccession held-in-trust objects or
state-associated collections is the responsibility of the Commission. The
Commission recognizes the need for periodic reevaluations and thoughtful
selection necessary for the growth and proper care of collections. The practice
of deaccessioning under well-defined guidelines provides this opportunity.
(1) Deaccessioning may be through voluntary
or involuntary means. The transfer, exchange, or deterioration beyond repair or
stabilization or other voluntary removal from a collection in a curatorial
facility is subject to the limitations of this rule.
(2) Involuntary removal from collections
occurs when objects, samples, or records are lost through theft, disappearance,
or natural disaster. If the whereabouts of the object, sample, or record is
unknown, it may be removed from the responsibility of the curatorial facility,
but the Commission will not relinquish title in case the object, sample, or
record subsequently is returned.
(e) Certified curatorial facilities.
Authority to deal with deaccessioning of limited categories of objects and
samples from held-in-trust collections is delegated to a curatorial facility
certified by the Commission to hold state held-in-trust collections through a
contractual agreement between the curatorial facility and the Commission.
Annual reports will be submitted to the Commission on these deaccessioning
actions.
(1) If the Commission determines that
a curatorial facility has acted in violation of the contractual agreement and
this rule, the contractual agreement will be terminated. From that date
forward, the Commission will review and decide on all deaccession actions of
that curatorial facility concerning held-in-trust objects and samples. A new
contractual agreement may be executed at such time as the Commission determines
that the curatorial facility has come into compliance with this rule.
(2) Curatorial facilities not yet certified
by the Commission to hold state held-in-trust collections shall submit written
deaccession requests of objects and samples from held-in-trust collections to
the Commission.
(3) Requests to
deaccession a held-in-trust collection in its entirety must be submitted to the
Commission.
(4) The reasons for
deaccessioning all or part of held-in-trust collections include, but are not
limited to, the following:
(A) Objects lacking
provenience that are not significant or useful for research, exhibit, or
educational purposes in and of themselves;
(B) Objects or collections that do not relate
to the stated mission of the curatorial facility. Objects or collections that
are relevant to the stated mission of the curatorial facility may not be
deaccessioned on the grounds that they are not relevant to the research
interests of current staff or faculty;
(C) Objects that have decayed or decomposed
beyond reasonable use or repair or that by their condition constitute a hazard
in the collections;
(D) Objects
that have been noted as missing from a collection beyond the time of the next
collections-wide inventory are determined irretrievable and subject to be
deaccessioned as lost;
(E) Objects
suspected as stolen from the collections must be reported to the Commission in
writing immediately for notification to similar curatorial facilities,
appropriate organizations, and law enforcement agencies. Objects suspected as
stolen and not recovered after a period of three years or until the time of the
next collections-wide inventory are determined irretrievable and subject to
being deaccessioned as stolen;
(F)
Objects that have been stolen and for which an insurance claim has been paid to
the curatorial facility;
(G)
Objects that may be subject to deaccessioning as required by federal laws;
and
(H) Deaccession for reasons not
listed above must be approved on a case-by-case basis by the
Commission.
(f)
Title to Objects or Collections Deaccessioned. If deaccessioning is for the
purpose of transfer or exchange, Commission retains title for the State to the
object or collection. A new held-in-trust agreement must be executed between
the receiving curatorial facility and the THC.
(1) If deaccessioning is due to theft or
loss, the Commission will retain title for the State to the object or
collection in case it is ever recovered, but the curatorial facility will no
longer be responsible for the object or collection.
(2) If deaccessioning is due to deterioration
or damage beyond repair or stabilization, the Commission relinquishes title for
the State to the object or collection and the object or collection must be
discarded in a suitable manner.
(g) Destructive Analysis. The Commission's
rules for destructive analysis apply only to samples and objects from
held-in-trust collections accessioned into the holdings of a curatorial
facility. Destructive analysis of samples or objects prior to placement in a
curatorial facility is covered by the research design approved for the
Antiquities Permit. Authority to deal with destructive analysis requests of
approved categories of objects and samples from state-associated held-in-trust
collections is delegated to a curatorial facility certified by the Commission
to hold state held-in-trust collections through a contractual agreement between
the curatorial facility and the Commission. Annual reports will be submitted to
the Commission on these destructive analysis actions.
(1) A written research proposal must be
submitted to the curatorial facility stating research goals, specific samples
or objects from a held-in-trust collection to be destroyed, and research
credentials in order for the curatorial facility to establish whether the
destructive analysis is warranted.
(A) Any
proposal for destructive analysis of human remains must be reviewed by the
Commission.
(B) The Commission will
only issue permission to a qualified applicant of an Antiquities Code Human
Remains Testing permit pursuant to 13 TAC §
RSA 26.13
and §
RSA 26.15(relating
to Application for Archeological Permits and Archeological Permit Categories,
respectively).
(2) If the
Commission determines that a curatorial facility has acted in violation of the
contractual agreement and this rule, the contractual agreement will be
terminated. From that date forward, the Commission will review and decide on
all destructive analysis actions of that curatorial facility concerning
held-in-trust objects and samples. A new contractual agreement may be executed
at such time as the Commission determines that the curatorial facility has come
into compliance with these rules.
(3) Curatorial facilities not yet certified
by the Commission to hold state held-in-trust collections shall submit
destructive analysis requests of objects and samples from held-in-trust
collections to the Commission.
(4)
Conditions for approval of destructive analysis may include qualifications of
the researcher, uniqueness of the project, scientific value of the knowledge
sought to be gained, and the importance, size, and condition of the object or
sample.
(5) Objects and samples
from held-in-trust collections approved for destructive analysis purposes are
loaned to the institution where the researcher is affiliated. Objects and
samples will not be loaned to individuals for destructive analysis.
(6) If the curatorial facility denies a
request for destructive analysis of a sample or object from a held-in-trust
collection, appeal of the decision is through the Commission.
(7) Information gained from the analysis must
be provided to the curatorial facility as a condition of all loans for
destructive analysis purposes. After completion of destructive analysis, the
researcher must return the information (usually in the form of a research
report) in order for the loan to be closed. Two copies of any publications
resulting from the analysis must be sent to the curatorial facility. If the
object or sample is not completely destroyed by the destructive analysis, the
remainder must be returned to the curatorial facility.
(8) It is the responsibility of the
curatorial facility to monitor materials on loan for destructive analysis, to
assure their correct use, and to note the returned data in the
records.
(9) The Commission does
not relinquish title for the State to an object or sample that has undergone
destructive analysis and the object or sample is not deaccessioned.
