(a) Goals of the manual.
(1) The Capitol Collections Management Manual has been
developed by the curator of the Capitol to further define the Texas
Capitol collections policy, detailing the specific procedures that
are to be followed to fully carry out the guidelines of the collections
policy.
(2) The overall goal of the policy and the management
manual is to collect, preserve, protect, interpret, and maintain information
on original or period objects of historical significance to the Capitol
or the State of Texas or appropriate to the early period of the Capitol's
history (circa 1880-1920).
(b) Responsibility for collections.
(1) The State Preservation Board was established as
an agency in 1983 to preserve, maintain, and restore the State Capitol,
its contents, and grounds (Texas Government Code, Chapter 443).
(2) In order to assist the State Preservation Board
and the office of the State Preservation Board in carrying out the
purpose of the collections policy, the curator may consult recognized
authorities or scholars in one or more of the following fields: Texas
material culture; American decorative arts (19th century emphasis);
Texas paintings (historical); Texas history; or a related field.
(c) Methods of acquisition.
(1) The office of the State Preservation Board shall
acquire the collections through purchase, gift, bequest, or any other
transaction consistent with applicable state or federal requirements
by which title to objects is transferred to the board. To the extent
practicable, the board shall use gifts of property made to the board
for the purpose specified by the grantor. The board may refuse a gift
if in the board's judgment the purpose specified by the grantor conflicts
with the goal of preserving the historic character of the buildings
under the board's control. The curator of the Capitol will report
to the board on new acquisitions and request the board's formal approval
of the acquisitions at each meeting of the board.
(2) Prior to purchase, the office of the State Preservation
Board will attempt to acquire the object or comparable material through
gift, bequest, or transfer. Only items which the office of the State
Preservation Board feels can be given proper care for an indefinite
period of time will be acquired. Items known to have questionable
provenance or title or obtained through illicit trade shall not be
acquired. Only when the office of the State Preservation Board has
determined to the best of its ability that material has been collected,
exported, or imported in compliance with the laws and regulations
of the country of origin, of the federal government of the United
States, and of individual states within the United States, shall material
be acquired by the board. The office of the State Preservation Board
will conduct its collecting activities with a reasonable certainty
that its approach is consistent with the spirit and intent of these
laws and programs.
(3) If it determined that an object offered for acquisition
is stolen property or has entered the United States illegally, the
office of the State Preservation Board will report all pertinent facts,
in writing, to the board.
(d) Donation, bequests, purchases, and other transactions.
(1) To the extent practicable, the board shall use
gifts of property made to the board for the purpose specified by the
grantor. The board may refuse a gift if in the board's judgment the
purpose specified by the grantor conflicts with the goal of preserving
the historic character of the buildings under the board's control.
All encumbrances shall be stated clearly in an instrument of conveyance,
shall be made part of the State Preservation Board permanent record,
and shall be observed by the executive director and the curator of
the Capitol of the State Preservation Board. Whenever possible donations
should be accompanied by funds which will be restricted to an endowment
for conservation and collection. Applicable Internal Revenue Service
rules related to donations shall be adhered to by all relevant parties.
(2) In the absence of indication to the contrary, the
State Preservation Board, the executive director and the curator of
the Capitol shall assume that all donors are sole owners and shall
have no responsibility for confirming ownership. In addition, if the
donor possesses copyright to material, he shall be encouraged to relinquish
and transfer to the board all right, title, and interest in copyright
and transfer the exclusive rights of reproduction, adaptation, and
distribution to the board. If this is not agreed upon, the material
shall be treated as an encumbered donation.
(3) The board reserved the right to accept or refuse
any bequest of collection material or any part thereof made to it.
In reviewing a bequest, the board shall follow the same procedures
as for donations.
(4) A written appraisal from a licensed appraiser shall
be obtained by the curator prior to the purchase of items over $10,000
and otherwise deemed advisable. Taking into consideration the comments
of the curator of the Capitol, the office of the State Preservation
Board may purchase items under $10,000 given the availability of necessary
funds. Items over $10,000 shall require the approval of the board
prior to purchase.
(5) The board may also acquire items through interagency
transfer as provided by the Texas Government Code, §443.017 and
other applicable state law.
(6) Any other transaction by which title to material
is transferred to the board shall be approved by the board upon the
recommendation of the executive director of the State Preservation
Board and the curator of the Capitol.
(7) Board members or staff of the State Preservation
Board shall not give appraisals, either of donations, of privately
owned materials, or otherwise; however, upon request of the curator
of the Capitol may suggest possible appraisers to the potential donor.
In most cases, at least three appraisers should be suggested.
(8) State law provides that in most cases all records
of a governmental body are open to the public following procedures
established under the Open Records Act. One exception to that rule
is information pertaining to appraisals or the purchase price of personal
property for public purposes prior to the formal award of the contract.
(e) Deaccessioning.
(1) The board may deaccession material in order to
refine its collections and effect exchanges or purchases of material
more in keeping with its purposes. All material considered for deaccessioning
by the curator of the Capitol must be approved by the executive director
of the State Preservation Board and the board prior to deaccession.
No donated object shall be deaccessioned for any reason for two years
and one day after the date of its acquisition.
(2) The procedures for deaccessioning material from
the Capitol collections shall be consistent with those procedures
established by Article 601b, Vernon's Civil Statutes. Items shall
not be returned to donors. However, when applicable, the donor shall
not be precluded from purchasing material if it is offered at public
sale. The curator of the Capitol shall make a reasonable attempt to
notify the donors of the material 30 days prior to any such sale.
All monies received from the deaccessioning of material shall be placed
in a fund restricted for acquisitions or direct care of the collections.
(3) Prior to deaccessioning, the curator of the Capitol
shall determine current fair market value of the material. Two independent
appraisals shall be obtained for items valued potentially over $10,000.
(4) No board member, staff person of the office of
the State Preservation Board, or other individuals designated by the
board may purchase deaccessioned items from the board. Museum ethics
as well as discretion should always be exercised in such instances.
(5) A complete file on all deaccessioned materials
shall be maintained by the curator of the Capitol.
(6) In deaccessioning, the board shall give preference
to retaining material that is part of the artistic, historical, or
cultural heritage of the Capitol or the State of Texas.
(f) Loans to the board.
(1) Loans to the board shall only be approved when
consistent with its programs and activities. The curator of the Capitol
may accept loans to buildings and grounds under the jurisdiction of
the board.
(2) Items placed in the Capitol on a short-term exhibit
basis that fall under §111.13 of this title (relating to Exhibitions
and Events in the Capitol Building) are not included under this manual
and shall be monitored by appropriate State Preservation Board staff
according to established procedures. All loans shall be for specific
periods of time. Permanent or indefinite loans will not be accepted.
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