|(a) Processing. Principal investigators who receive
permits shall be responsible for cleaning, conserving, cataloguing,
packaging in archival materials; arranging for the curation of all
collections, specimens, samples, and records; and for the reporting
of results of the investigation.
(b) Ownership. All specimens, artifacts, materials,
samples, original field notes, maps, drawings, photographs, and standard
state site survey forms resulting from the investigations remain the
property of State of Texas. Certain exceptions left to the discretion
of the Commission are contained in Texas Natural Resources Code, §191.052(b).
The Commission will determine the final disposition of all artifacts,
specimens, materials, and data recovered by investigations on landmarks
or potential landmarks, which remain the property of the State. Antiquities
from landmarks are of inestimable historical and scientific value
and should be preserved and utilized in such a way as to benefit all
the citizens of Texas. Such antiquities shall never be used for commercial
(c) Housing, conserving, and exhibiting antiquities
(1) After investigation of a landmark has culminated
in the reporting of results, the antiquities will be permanently preserved
in research collections at the curatorial facility approved by the
Commission. Prior to the expiration of the permit, proof that archeological
collections and related field notes are housed in a curatorial facility
is required through the submission of a curation form. Failure to
demonstrate proof before the permit expiration date may result in
the principal investigator and co-principal investigator falling into
(2) Institutions housing antiquities from landmarks
will also be responsible for adequate security of the collections,
continued conservation, periodic inventory, and for making the collections
available to qualified institutions, individuals, or corporations
for research purposes.
(3) Exhibits of materials recovered from landmarks
will be designed in such a way as to provide the maximum amount of
historical, scientific, archeological, and educational information
to all the citizens of Texas. First preference will be given to traveling
exhibits following guidelines provided by the Commission and originating
at an adequate facility nearest the point of recovery. Permanent exhibits
of antiquities may be prepared by institutions maintaining such collections
following guidelines provided by the Commission. A variety of special,
short-term exhibits may also be authorized by the Commission.
(d) Pursuant to Texas Natural Resources Code, §§191.091
- 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 of Texas and exercises the authority of the
State in matters related to these held-in-trust collections.
(e) Decisions regarding the disposal or destructive
analysis of held-in-trust collections are the legal responsibility
of the Commission. Acceptable circumstances for disposal or destructive
analysis are provided by this chapter. Exceptions may be considered
by the Commission. Under no circumstances will held-in-trust collections
be disposed of through sale.
(f) Disposal. The Commission's rules for disposal apply
to state-associated collections prior to accessioning from an archeological
project on public land or under public water under an Antiquities
Permit issued by the Commission.
(1) Disposal of state-associated collections from a
site on public land or from public water under an antiquities permit
issued by the Commission must be approved by the Commission. Approval
for anticipated disposal is by means of an approved research design
at the time the Antiquities Permit is issued. The manner in which
any state-associated collection is to be disposed must be included
in the research design. Additional disposal not included in the approved
research design must be approved by the Commission prior to any disposal
(2) The appropriate reasons for disposal of state-associated
collections include, but are not limited to, the following:
(A) are highly redundant and without additional merit.
(B) lack historical, cultural, or scientific value.
(C) have decayed or decomposed beyond reasonable use
and repair or by their condition constitute a hazard to other objects
in the collection.
(D) may be subject to disposal as required by federal
(3) State-associated collections disposed of after
recovery must be documented in the notes and final report, with copies
provided to the curatorial facility.
(4) The Commission relinquishes title for the State
to any state-associated collections approved for disposal. The state-associated
collections must be disposed of in a suitable manner.
(g) Destructive Analysis. The Commission's rules for
destructive analysis apply to state-associated collections that are
accessioned and held-in-trust by a certified repository as stated
in 13 TAC §29.5(g) (relating to Disposition of State Affiliated
Collections). All analysis of artifacts, including human remains,
that is destructive in nature and conducted prior to accessioning
must be covered by the research design approved for the Antiquities
|Source Note: The provisions of this §26.17 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective December 31, 2017, 42 TexReg 7383; amended to be effective July 20, 2020, 45 TexReg 4967