| (a) Pursuant to Texas Natural Resources Code, §191.091
and §191.092, all antiquities found on land or under waters belonging
to the State of Texas or any political subdivision of the State belong
to the State of Texas. The Commission is charged with the administration
of the Antiquities Code and exercises the authority of the State in
matters related to these state-associated collections. Under Texas
Government Code, §442.007(e)(7), the Commission, through the
authority of the State Archeologist, may preserve the historic and
archeological heritage of the State.
(b) Pursuant to Texas Government Code, §442.0145,
the Commission has the authority to acquire historical documents,
records, or historical artifacts for the State of Texas to ensure
their protection and use by the people of Texas.
(c) State-associated collections generally are placed
in curatorial facilities in Texas. The relationship between the Commission
and the curatorial facility is an express trust. Ownership of these
collections is not transferred but the Commission has the authority
to transfer stewardship of the collections through a held-in-trust
agreement with the designated curatorial facility.
(d) All state-associated collections held in curatorial
facilities are subject to the statutory authority of the Commission,
and these rules supercede the collections management policy of the
curatorial facility to the extent of any conflict.
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