The following words and terms, when used in this chapter, shall
have the following meanings unless the context clearly indicates otherwise.
These definitions also clarify the interpretation of terms and phrases
used in the Antiquities Code of Texas but not defined therein
(1) Accession--The formal acceptance of a collection
and its recording into the holdings of a curatorial facility and generally
includes a transfer of title. For held-in-trust collections, stewardship
but not title is transferred to the curatorial facility.
(2) Antiquities Advisory Board--A ten-member board
that advises the commission in reviewing matters related to the Antiquities
Code of Texas.
(3) Antiquities Permit or Permit--Authorization for
work on a designated or potential State Antiquities Landmark, or survey
investigations to determine if cultural resources are present. Permit
types include Archeological Permits (§26.15 of this title) and
Historic Buildings and Structures Permits (§26.22 of this title).
(4) Applicant--Relative to an Antiquities Permit, an
applicant is the controlling agency, organization, or political subdivision
having administrative control over a publicly owned landmark or the
owner of a privately owned landmark. Applicant may also refer to an
individual or private group that desires to nominate a building or
site for landmark designation.
(5) Archeological site--Any land or marine-based place
containing evidence of prehistoric or historic human activity, including
but not limited to the following:
(A) Habitation sites. Habitation sites are areas or
structures where people live or have lived on a permanent or temporary
(B) Native American open campsites which were occupied
on a temporary, seasonal, or intermittent basis.
(C) Rock shelters, in general, are a special kind of
campsite. These sites are located in caves or under rock overhangs
and have been occupied either: temporarily, seasonally, or intermittently.
(D) Non-Native American campsites are the cultural
remains of activities by people who are not Native American.
(E) Residence sites are those where routine daily activities
were carried out and which were intended for year-round use.
(F) Non-Native American sites may include, in addition
to the main structure, outbuildings, water systems, trash dumps, garden
areas, driveways, and other remains that were an integral part of
the site when it was inhabited.
(G) Non-habitation sites. Non-habitation sites result
from use during specialized activities and may include standing structures.
(i) Rock art and graffiti sites consist of symbols
or representations that have been painted, ground, carved, sculpted,
scratched, or pecked on or into the surface of rocks, wood, or metal,
including but not limited to Native American pictographs and petroglyphs,
historical graffiti and inscriptions.
(ii) Mines, quarry areas, and lithic procurement sites
are those from which raw materials such as flint, clay, coal, minerals,
or other materials were collected or mined for future use.
(iii) Game procurement and processing sites are areas
where game was killed or butchered for food or hides.
(iv) Fortifications, battlefields, training grounds
and skirmish sites including fortifications of the historic period
and the central areas of encounters between opposing forces, whether
a major battleground or areas of small skirmishes.
(v) Cache--A collection of artifacts that are deliberately
hidden for future use. Caches are often discovered in burials or in
caves and usually consist of ceremonial and ritual objects, functional
objects or emergency food supplies.
(6) Archeological Survey Standards for Texas--Minimum
survey standards developed by the commission in consultation with
the Council of Texas Archeologists.
(7) Artifacts--The tangible objects of the past that
relate to human life and culture. Examples include, but are not limited
to projectile points, tools, documents, art forms, and technologies.
(8) Board--The Antiquities Advisory Board.
(9) Building--A structure created to shelter any form
of human activity, such as a courthouse, city hall, church, hotel,
house, barn, or similar structure. Building may refer to a historically
related complex such as a courthouse and jail or a house and barn.
(10) Burials and burial pits--Marked and unmarked locales
of a human burial or burials. Burials and burial pits may contain
the remains of one or more individuals located in a common grave in
a locale. The site area may contain gravestones, markers, containers,
coverings, garments, vessels, tools, and other grave objects or could
be evidenced by the presence of depressions, pit feature stains, or
other archeological evidence.
(11) Cemetery--A place that is used or intended to
be used for interment, and includes a graveyard, burial park, unknown
cemetery, abandoned cemetery, mausoleum, or any other area containing
one or more graves or unidentified graves.
(A) Abandoned cemetery--A non-perpetual care cemetery
containing one or more graves and possessing cemetery elements for
which no cemetery organization exists and which is not otherwise maintained
by any caretakers. It may or may not be recorded in the deed records
of the county in which it lies.
(B) Unidentified grave--A grave that is not marked
in a manner that provides the identity of the interment.
(C) Unknown cemetery--An abandoned cemetery evidenced
by the presence of marked or unmarked graves that does not appear
on a map or in deed records.
(12) Commission--The Texas Historical Commission and
(13) Committee, or Antiquities Committee, or Texas
Antiquities Committee--As redefined by the 74th Texas Legislature
within §191.003 of the Texas Natural Resources Code, committee
means the commission and/or staff members of the commission.
(14) Conservation--Scientific laboratory processes
for cleaning, stabilizing, restoring, preserving artifacts, and the
preservation of buildings, sites, structures and objects.
(15) Council of Texas Archeologists--A non-profit voluntary
organization that promotes the goals of professional archeology in
the State of Texas.
(16) Council of Texas Archeologists Guidelines--Professional
and ethical standards which provide a code of self-regulation for
archeological professionals in Texas with regard to field methods,
reporting, and curation.
(17) Cultural landscape--A geographic area, associated
with a historic event, activity, or person or exhibiting other cultural
or aesthetic values. Cultural landscapes include historic sites, historic
designed landscapes, and historic vernacular landscapes, as further
described in the National Park Service's Preservation Brief 36: Protecting
(18) Cultural resource--Any building, site, structure,
object, artifact, historic shipwreck, landscape, location of historical,
archeological, educational, or scientific interest, including, but
not limited to, prehistoric and historic Native American or aboriginal
campsites, dwellings, and habitation sites, archeological sites of
every character, treasure embedded in the earth, sunken or abandoned
ships and wrecks of the sea or any part of the contents thereof, maps,
records, documents, books, artifacts, and implements of culture in
any way related to the inhabitants' prehistory, history, government,
or culture. Examples of cultural resources include Native American
mounds and campgrounds, aboriginal lithic resource areas, early industrial
and engineering sites, rock art, early cottage and craft industry
sites, bison kill sites, cemeteries, battlegrounds, all manner of
historic buildings and structures, local historical records, cultural
(19) Curatorial facility--A museum or repository.
(20) Default--Failure to fulfill all conditions of
a permit or contract, issued or granted to permittee(s), sponsors,
and principal investigator or investigative firm, before the permit
(21) Defaulted permit--A permit that has expired without
all permit terms and conditions having been met before the permit
(22) Designated historic district--An area of archeological,
architectural, or historical significance that is listed in the National
Register of Historic Places, either individually or as a historic
district; designated as a landmark, or nominated for designation as
a landmark; or identified by State agencies or political subdivisions
of the State as a historically sensitive site, district, or area.
This includes historical designation by local landmark commissions,
boards, or other public authorities, or through local preservation
(23) Destructive analysis--Destroying all or a portion
of an object or sample to gain specialized information. For purposes
of this chapter, it does not include analysis of objects or samples
prior to their being accessioned by a curatorial facility.
(24) Discovery--The act of locating, recording, and
reporting a cultural resource.
(25) Disposal--The discard of an object or sample after
being recovered and prior to accession, or after deaccession.
(26) District--A significant concentration, linkage,
or continuity of sites, buildings, structures, or objects unified
historically or aesthetically by plan or physical development. See
also "designated historic district."
(27) Eligible--Archeological sites or other historic
properties that meet the criteria set forth in §§26.10 -
26.12 and §26.19 of these titles (relating to Criteria for Evaluating
Archeological Sites and Verifying Cemeteries, Criteria for Shipwrecks,
Criteria for Evaluating Caches and Collections, and Criteria for Evaluating
Historical Buildings and Structures, respectively) are eligible for
official landmark designation.
(28) Exhumation--The excavation of human burials or
cemeteries and its associated funerary objects by a professional archeologist,
or principal investigator.
(29) Groundbreaking--Construction or earth moving activities
that disturb lands owned or controlled by state agencies or political
subdivisions of the state.
(30) Held-in-trust collection--Those state-associated
collections under the authority of the commission that are placed
in a curatorial facility for care and management; stewardship is transferred
to that curatorial facility but not ownership.
(31) Historic buildings and structures permit--Historic
buildings and structures permits are those issued for work to buildings,
structures, cultural landscapes, and non-archeological sites, objects,
and districts designated or nominated for designation as landmarks.
(32) Historic property--A district, site, building,
structure or object significant in American history, architecture,
engineering, archeology or culture.
(33) Historic time period--For the purposes of landmark
designation, this time period is defined as extending from A.D. 1500
to 50 years before the present.
(34) Human remains--The body of a decedent.
(35) Integrity--The authenticity of a property's historic
identity, evidenced by the survival of physical characteristics that
existed during the property's historic or prehistoric period, including
the property's location, design, setting, materials, workmanship,
feeling, and association.
(36) Interment--The intended permanent disposition
of human remains by entombment, burial, or placement in a niche.
(37) Investigation--Archeological or architectural
activity including, but not limited to: reconnaissance or intensive
survey, testing, exhumation, or data recovery; underwater archeological
survey, test excavation, or data recovery excavations; monitoring;
measured drawings; or photographic documentation.
(38) Investigative firm--A company or scientific institution
that has full-time experienced research personnel capable of handling
investigations and employs a principal investigator, and/or project
architect, or other project professional as applicable under "professional
personnel" in paragraph (52) of this section. The company or institution
holds equal responsibilities with the professional personnel to complete
requirements under an Antiquities Permit.
(39) Land-owning or controlling agency--Any state agency
or political subdivision of the state that owns or controls the land(s)
(40) Landmark--A State Antiquities Landmark.
(41) Marker--An informational aluminum sign erected
by or with the permission of the Texas Historical Commission.
(42) Mitigation--The amelioration of the potential
total or partial loss of significant cultural resources. For example,
mitigation for removal of a deteriorated historic building feature
might include photographs and drawings of the feature, and installing
a replacement that matches the original in form, material, color,
etc. Mitigation for the loss of an archeological site might be accomplished
through data recovery actions, to preserve or recover an appropriate
amount of data by application of current professional techniques and
procedures, as defined in the permit's scope of work.