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RULE §29.7State Associated Collections

(a) The Commission has authority over state-associated collections in six categories based on the way they were generated. They are as follows:

  (1) Permitted-collections that are the result of work governed by the Antiquities Code on land or under waters belonging to the State of Texas or a political subdivision of the State necessitating the issuance of a permit by the Commission. This work can be conducted by an outside researcher, other state agency, cultural resources management firm or by Commission personnel. Permitted collections form the bulk of the Commission's state-associated collections.

  (2) Commission non-permitted collections are the result of work governed by the Antiquities Code on land or under waters belonging to the State of Texas or a political subdivision of the State conducted by Commission personnel without the issuance of a permit.

  (3) Purchased-collections are the result of acquisition of significant historical items by the Commission through the Texas Historical Artifacts Acquisition Program or use of other state funds.

  (4) Donated-collections are the result of a material gift transaction by a private landowner, individual, corporation, organization, or through a bequest to the Commission. A major component of this category of collections is the consequence of work conducted by or under the direction of Commission personnel on private lands in Texas whereby the landowner transfers ownership of the generated collection through a deed-of-gift or donation form to the State of Texas and its agent, the Texas Historical Commission.

  (5) Court action-collections are the result of rulings by a court concerning confiscated, illegally-held archeological or historical materials from public lands to be given to the Commission for care and protection.

  (6) Legislative action collections means collections that are awarded to the commission through legislative action such as House Bill 12, 80th Leg., Reg. Ses., 2007, which transferred 18 historic sites and all of their collections from the Texas Parks and Wildlife Department (TPWD) to the THC.

(b) Any or all of these state-associated collections may be entrusted to and housed in a designated curatorial facility in the State of Texas. They are accessioned, documented, and cataloged objects, documents, and samples of cultural, scientific, or historical significance that are representative of the diversity within the state. These collections should be given a high level of care.

Source Note: The provisions of this §29.7 adopted to be effective November 18, 2003, 28 TexReg 10203; amended to be effective February 21, 2013, 38 TexReg 823

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