| (a) In accordance with Government Code, §441.153(g),
a depository may apply to the commission to transfer to the depository
title to local historical resources placed in the depository by the
commission. The commission shall approve the application only if the
transfer of title is in the state's best interest.
(b) To initiate transfer of title to a local historical
resource, a depository must submit an application to the State Archivist
on the form provided by the commission. The applicant must include
all requested information on the application form. The form must be
signed by an authorized representative of the depository's institution.
(c) A depository may only apply for transfer of title
to local historical resources currently held by the depository for
which the commission has accession documentation. A depository may
not apply for transfer of any other historical resources. A depository
may not apply for transfer of any records of local governments not
currently held by the depository on behalf of the commission. A depository
must request transfer of all local historical resources in one application.
(d) The State Archivist will review applications and
notify the depository whether the application is approved or denied
within 30 days of receipt. If the State Archivist is unable to make
a determination within 30 days, the State Archivist will notify the
depository and provide a new date by which the review will be completed.
If a request is denied, the applicant may appeal the decision to the
director and librarian. The decision of the director and librarian
may not be appealed.
(e) Approved applicants must continue to meet the requirements
of §7.3 of this subchapter (relating to Minimum Requirements
for Depositories) for local historical resources transferred to the
depository under this section.
(f) An application will not be approved if:
(1) the request is for transfer of title of a state
historical resource;
(2) the request is for transfer of title of a local
historical resource not currently held by the depository;
(3) the application is not signed;
(4) the depository cannot demonstrate the resource
was placed in the depository by the commission;
(5) the depository is not in compliance with §7.3
of this subchapter (relating to Minimum Requirements for Depositories);
or
(6) the transfer is not in the best interest of the
state.
|
