For purposes of implementing the Antiquities Code of Texas,
the commission is the statutorily created body responsible for protecting
and preserving State Antiquities Landmarks (landmarks) under the Texas
Natural Resources Code, Title 9, Chapter 191.
(1) Section 191.092 of the Texas Natural Resources
Code declares that it is the public policy and in the public interest
of the State of Texas to locate, protect, and preserve landmarks,
including sites, objects, buildings, structures and historic shipwrecks,
and locations of historical, archeological, educational, or scientific
interest including, but not limited to, prehistoric American Indian
or aboriginal campsites, dwellings, and habitation sites, aboriginal
paintings, petroglyphs, and other marks or carvings on rock or elsewhere
which pertain to early American Indian or other archeological sites
of every character, treasure imbedded in the earth, sunken or abandoned
ships and wrecks of the sea or any part of their contents, maps, records,
documents, books, artifacts, and implements of culture in any way
related to the inhabitants, prehistory, history, government, or culture
in, on, or under any of the lands of the State of Texas, including
the tidelands, submerged land, and the bed of the sea within the jurisdiction
of the State of Texas.
(2) Section 191.093 of the Texas Natural Resources
Code states that all landmarks are afforded some level of consideration
prior to being affected by a proposed project.
(3) Section 191.0525 of the Texas Natural Resources
Code requires that notice be provided to the commission before breaking
ground at a project location on state or local public land. This step
ensures that project effects on landmarks, whether or not they have
currently been identified, are appropriately considered. Upon notification,
the commission will determine if the project affects a landmark or
whether the project area warrants a survey to identify potential landmarks.
Section 26.7 of this title (relating to Location and Discovery of
Cultural Resources and Landmarks) describes the notification requirements
and review process.
(4) Section 191.091 and §191.092 of the Texas
Natural Resources Code provide that archeological sites and historic
buildings and structures on lands belonging to state agencies or political
subdivisions of the State of Texas are landmarks or may be eligible
to be designated as landmarks. Landmark designation may be initiated
by the public agency, the commission, or a third party. Section 191.094
of the Texas Natural Resources Code allows for the designation of
landmarks on private property. Section 26.8 and §26.9 of this
title describe the designation procedures for landmarks.
(5) Section 191.054 and §191.055 of the Texas
Natural Resources Code state that the commission oversees investigations
or project work though a permitting process. The commission uses permits
to establish the terms under which work may proceed. Subchapters C
and D of this chapter describe the permitting process for archeological
permits and historic buildings and structures permits, respectively.
(6) Documents referenced in this chapter, including
landmark nomination and permit application forms, are available on
the commission website at www.thc.texas.gov or by contacting the commission.