| (a) Purpose. The purpose of this section is to specify
the conditions under which items may be loaned to eligible borrowers
for public exhibition. Even if a prospective borrower meets all eligibility
requirements for a loan, the decision regarding any and all loans
is at the sole discretion of the agency or the commission, as appropriate.
(b) Eligible borrowers. Any public or private cultural
heritage or educational institution or organization may request the
loan of an item for public exhibition purposes. The Texas State Preservation
Board and its exhibit venues will have preference over other archives,
museums, and similar public institutions in Texas. Texas archives,
museums, and similar public institutions will have preference over
out-of-state and private entities. Loans to institutions outside of
Texas will generally only be approved for nationally significant exhibitions
by major institutions.
(c) Loan Request. Except as provided below and in subsection
(e), requests for loans must be submitted to the director and librarian
at least 60 days prior to the expected loan receipt date and include
the exhibition title, dates of exhibition and loan period, a general
description of the exhibition, and complete citations for each item
requested. Exceptions to the 60-day requirement are as follows:
(1) Requests for loans of any item by a non-Texas venue
must be submitted at least 12 months prior to expected loan receipt
date; and
(2) Requests for loans of an item may be approved in
less than 60 days if the director and librarian waives the 60-day
requirement.
(d) Loan Period. Except as provided in subsection (e),
the maximum loan period for any item is six months, unless the agency
determines the loan is in the best interest of the state or will provide
a benefit to the agency related to public education, outreach, publicity,
or promotion of the agency's mission. The director and librarian may
recall a loaned item for good cause at any time and will attempt to
give reasonable notice thereof.
(e) Special circumstances. Loan requests and loan periods
for certain items are subject to additional requirements and conditions
as follows:
(1) The maximum loan period for textiles, flags, artworks,
photographic materials, documents with faded or vulnerable inks, or
any other especially light sensitive or fragile items is three months;
(2) Requests for loan of the original signed manuscript
and the printed broadside copy of the Texas Declaration of Independence,
the Constitution of Texas (including original drafts), treaties of
the Republic of Texas, the Travis Letter, and other items of particular
historical significance as determined by the state archivist must
be submitted at least 12 months prior to expected loan receipt date
and require formal approval of the commission in an open meeting,
and:
(A) The maximum loan period is 30 days unless the commission
determines the exhibition is of special state or national significance;
and
(B) Requests may be approved in less than 12 months,
but in no event less than six months, if the director and librarian
recommends waiver of the 12-month requirement and the commission approves.
(f) Loan Agreement. A borrower must sign a written
loan agreement documenting the borrower's commitment to compliance
with this section and any additional conditions appropriate for the
specific loan. Additional conditions may include, but are not limited
to, the following:
(1) Borrower may not display items in a location or
exhibition other than that cited on the loan agreement without prior
written permission from the director and librarian;
(2) Borrower may not transfer physical custody of loaned
items to another institution or third party without prior written
permission from the director and librarian;
(3) Borrower may not alter, clean, or repair loaned
items, perform any conservation treatment, or remove a document from
a housing provided by the agency without prior written permission
from the director and librarian; and
(4) Borrower will notify the agency promptly if any
agreed upon conditions change during the course of exhibition of the
item.
(g) Security and Environmental Conditions.
(1) Items must be displayed in a facility equipped
with a networked fire monitoring and alarm system with an automatic
aqueous or non-aqueous clean agent fire suppression system and fire
protection equipment as described in National Fire Protection Association-Standard
for the Protection of Cultural Resources Including Museums, Libraries,
Places of Worship, and Historic Properties (NFPA909-2021).
(2) Items on loan must be secure at all times. Professional
security guards or other trained personnel must regularly patrol exhibition
areas during hours of public access. The borrower must have sufficient
24-hour guards or a 24-hour electronic security system to effectively
monitor and protect the exhibition, storage, and preparation areas
at all times. The commission may require continuous 24-hour onsite
guard by a Licensed Texas Peace Officer, Texas Department of Public
Safety officer, licensed Texas security guard, or an equivalent officer
or guard within the borrower's jurisdiction if the borrower is located
in a state other than Texas.
(3) Temperature and humidity levels must be monitored
and controlled. A temperature of 70 degrees Fahrenheit, plus or minus
5 degrees, and a relative humidity of 50% plus or minus 5% without
rapid fluctuations must be maintained in the storage, preparation,
and exhibition areas. Before approving a loan and while items are
on loan, the director and librarian may request copies of temperature
and humidity readings from the borrower to verify these requirements.
(4) Exhibit venue must be a stationary weather-tight
structure with a permanent foundation. Display in portable or temporary
buildings or in vehicles is prohibited.
(5) Exhibition cases must be clean, dust-proof, and
secured with locks or security screws. Exhibit must be case set into
or affixed to a permanent wall, anchored to the floor or foundation,
or of such substantial construction as to be immovable without special
equipment. Frames must also be clean, dust-proof, and secured to the
wall with security screws or other hanging methods approved by the
director and librarian. Glass or acrylic sheeting, such as plexiglass,
lucite, or polycast must protect all materials displayed in frames
or cases. The director and librarian may specify grades of acrylic
sheeting that filter ultraviolet light for materials that are especially
light sensitive.
(6) The exhibition must be monitored daily to ensure
security and stability of documents within the cases and frames as
well as adequate maintenance and cleaning of the exhibit area.
(7) Eating, drinking, and smoking must be prohibited
in the storage, preparation, and exhibition areas.
(h) Lighting Conditions.
(1) Incandescent or LED lights are the preferred lighting
types for exhibition lighting. All light sources must be filtered
to remove the ultraviolet component.
(2) When lighting items exhibited in a case, exterior
lights shall be used whenever possible. If interior case lights are
used, fluorescent or LED lights with ultraviolet filters are preferable
to ensure a minimal effect on temperature in the case.
(3) No items may be exhibited where they will be exposed
to direct or unfiltered sunlight.
(4) The allowable light level for display of certain
items of particular historical significance, as determined by the
state archivist, is an illumination of no more than 5 foot-candles
or 53.8 lux, measured near the surface of the exhibited item. Exhibits
with adjustable fiber optic illumination are preferred. The allowable
range of illumination for all other items is 5 - 7 foot-candles or
53.8 - 75.3 lux, where a smaller numerical reading is preferred.
(i) Handling and Installation.
(1) Items may be handled and installed only by a curator,
archivist, registrar, exhibit technician, or conservator under contract
to or on the staff of the borrower.
(2) The agency may encapsulate or mat documents for
loan to minimize dangers associated with handling and exhibition.
No item borrowed for exhibition may be altered, cleaned, repaired,
or removed from housing provided by the agency without first obtaining
written permission from the director and librarian.
(3) The agency may directly supervise the installation
of its items.
(4) All items must be handled, supported, and conveyed
by means that will prevent damage during transport to and from the
borrowing institution and within it.
(5) All items must be given sufficient physical support
to prevent damage during exhibition.
(j) Inspections.
Cont'd... |
