| (a) The commission shall use one or more of the following
criteria when assessing the appropriateness of official landmark designation,
and/or the need for further investigations under the permit process:
(1) the site has the potential to contribute to a better
understanding of the prehistory and/or history of Texas by the addition
of new and important information;
(2) the site's archeological deposits and the artifacts
within the site are preserved and intact, thereby supporting the research
potential or preservation interests of the site;
(3) the site possesses unique or rare attributes concerning
Texas prehistory and/or history;
(4) the study of the site offers the opportunity to
test theories and methods of preservation, thereby contributing to
new scientific knowledge; and
(5) there is a high likelihood that vandalism and relic
collecting has occurred or could occur, and official landmark designation
is needed to ensure maximum legal protection, or alternatively, further
investigations are needed to mitigate the effects of vandalism and
relic collecting when the site cannot be protected.
(b) The commission shall use one or more of the following
criteria when assessing the verification of the existence of a cemetery:
(1) the location contains interments that are confirmed
through assessments or investigations consented by the landowner and
performed by a professional archeologist or other individuals as defined
by §711.0105(a) of the Health and Safety Code of Texas;
(2) the location contains human burial caskets or other
containers or vessels that contain human remains or are contextually
known to have been used to inter human remains;
(3) the location contains articulated human remains
that were deliberately interred; or
(4) the location contains a burial pit or burial pit
features.
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