|(a) Goals of the manual.
(1) The Capitol Collections Management Manual has been
developed by the curator of the Capitol to further define the Texas
Capitol collections policy, detailing the specific procedures that
are to be followed to fully carry out the guidelines of the collections
(2) The overall goal of the policy and the management
manual is to collect, preserve, protect, interpret, and maintain information
on original or period objects of historical significance to the Capitol
or the State of Texas or appropriate to the early period of the Capitol's
history (circa 1880-1920).
(b) Responsibility for collections.
(1) The State Preservation Board was established as
an agency in 1983 to preserve, maintain, and restore the State Capitol,
its contents, and grounds (Texas Government Code, Chapter 443).
(2) In order to assist the State Preservation Board
and the office of the State Preservation Board in carrying out the
purpose of the collections policy, the curator may consult recognized
authorities or scholars in one or more of the following fields: Texas
material culture; American decorative arts (19th century emphasis);
Texas paintings (historical); Texas history; or a related field.
(c) Methods of acquisition.
(1) The office of the State Preservation Board shall
acquire the collections through purchase, gift, bequest, or any other
transaction consistent with applicable state or federal requirements
by which title to objects is transferred to the board. To the extent
practicable, the board shall use gifts of property made to the board
for the purpose specified by the grantor. The board may refuse a gift
if in the board's judgment the purpose specified by the grantor conflicts
with the goal of preserving the historic character of the buildings
under the board's control. The curator of the Capitol will report
to the board on new acquisitions and request the board's formal approval
of the acquisitions at each meeting of the board.
(2) Prior to purchase, the office of the State Preservation
Board will attempt to acquire the object or comparable material through
gift, bequest, or transfer. Only items which the office of the State
Preservation Board feels can be given proper care for an indefinite
period of time will be acquired. Items known to have questionable
provenance or title or obtained through illicit trade shall not be
acquired. Only when the office of the State Preservation Board has
determined to the best of its ability that material has been collected,
exported, or imported in compliance with the laws and regulations
of the country of origin, of the federal government of the United
States, and of individual states within the United States, shall material
be acquired by the board. The office of the State Preservation Board
will conduct its collecting activities with a reasonable certainty
that its approach is consistent with the spirit and intent of these
laws and programs.
(3) If it determined that an object offered for acquisition
is stolen property or has entered the United States illegally, the
office of the State Preservation Board will report all pertinent facts,
in writing, to the board.
(d) Donation, bequests, purchases, and other transactions.
(1) To the extent practicable, the board shall use
gifts of property made to the board for the purpose specified by the
grantor. The board may refuse a gift if in the board's judgment the
purpose specified by the grantor conflicts with the goal of preserving
the historic character of the buildings under the board's control.
All encumbrances shall be stated clearly in an instrument of conveyance,
shall be made part of the State Preservation Board permanent record,
and shall be observed by the executive director and the curator of
the Capitol of the State Preservation Board. Whenever possible donations
should be accompanied by funds which will be restricted to an endowment
for conservation and collection. Applicable Internal Revenue Service
rules related to donations shall be adhered to by all relevant parties.
(2) In the absence of indication to the contrary, the
State Preservation Board, the executive director and the curator of
the Capitol shall assume that all donors are sole owners and shall
have no responsibility for confirming ownership. In addition, if the
donor possesses copyright to material, he shall be encouraged to relinquish
and transfer to the board all right, title, and interest in copyright
and transfer the exclusive rights of reproduction, adaptation, and
distribution to the board. If this is not agreed upon, the material
shall be treated as an encumbered donation.
(3) The board reserved the right to accept or refuse
any bequest of collection material or any part thereof made to it.
In reviewing a bequest, the board shall follow the same procedures
as for donations.
(4) A written appraisal from a licensed appraiser shall
be obtained by the curator prior to the purchase of items over $10,000
and otherwise deemed advisable. Taking into consideration the comments
of the curator of the Capitol, the office of the State Preservation
Board may purchase items under $10,000 given the availability of necessary
funds. Items over $10,000 shall require the approval of the board
prior to purchase.
(5) The board may also acquire items through interagency
transfer as provided by the Texas Government Code, §443.017 and
other applicable state law.
(6) Any other transaction by which title to material
is transferred to the board shall be approved by the board upon the
recommendation of the executive director of the State Preservation
Board and the curator of the Capitol.
(7) Board members or staff of the State Preservation
Board shall not give appraisals, either of donations, of privately
owned materials, or otherwise; however, upon request of the curator
of the Capitol may suggest possible appraisers to the potential donor.
In most cases, at least three appraisers should be suggested.
(8) State law provides that in most cases all records
of a governmental body are open to the public following procedures
established under the Open Records Act. One exception to that rule
is information pertaining to appraisals or the purchase price of personal
property for public purposes prior to the formal award of the contract.
(1) The board may deaccession material in order to
refine its collections and effect exchanges or purchases of material
more in keeping with its purposes. All material considered for deaccessioning
by the curator of the Capitol must be approved by the executive director
of the State Preservation Board and the board prior to deaccession.
No donated object shall be deaccessioned for any reason for two years
and one day after the date of its acquisition.
(2) The procedures for deaccessioning material from
the Capitol collections shall be consistent with those procedures
established by Article 601b, Vernon's Civil Statutes. Items shall
not be returned to donors. However, when applicable, the donor shall
not be precluded from purchasing material if it is offered at public
sale. The curator of the Capitol shall make a reasonable attempt to
notify the donors of the material 30 days prior to any such sale.
All monies received from the deaccessioning of material shall be placed
in a fund restricted for acquisitions or direct care of the collections.
(3) Prior to deaccessioning, the curator of the Capitol
shall determine current fair market value of the material. Two independent
appraisals shall be obtained for items valued potentially over $10,000.
(4) No board member, staff person of the office of
the State Preservation Board, or other individuals designated by the
board may purchase deaccessioned items from the board. Museum ethics
as well as discretion should always be exercised in such instances.
(5) A complete file on all deaccessioned materials
shall be maintained by the curator of the Capitol.
(6) In deaccessioning, the board shall give preference
to retaining material that is part of the artistic, historical, or
cultural heritage of the Capitol or the State of Texas.
(f) Loans to the board.
(1) Loans to the board shall only be approved when
consistent with its programs and activities. The curator of the Capitol
may accept loans to buildings and grounds under the jurisdiction of
(2) Items placed in the Capitol on a short-term exhibit
basis that fall under §111.13 of this title (relating to Exhibitions
and Events in the Capitol Building) are not included under this manual
and shall be monitored by appropriate State Preservation Board staff
according to established procedures. All loans shall be for specific
periods of time. Permanent or indefinite loans will not be accepted.
(3) All rules and regulations governing loans to the
Capitol shall be clearly stated in a contractual document and agreed
to by the lender and the office of the State Preservation Board prior
to the latter's taking custody of loaned material. Items on loan for
display in the Capitol shall be treated as permanent collection items,
the curator of the Capitol being responsible for their maintenance
and handling. However, insurance shall be carried by the lender unless
other arrangements, in contractual format, are agreed upon in advance.
If the loan has any unusual encumbrances, it must also be approved
by the board. Items on loan for review as potential purchases or donations
shall be treated as temporary custody items, and a contractual agreement
with specific terms or conditions shall be completed.
(4) Every attempt shall be made to keep in yearly contact
with the owner of the loaned material. In the event that the existence
and location of the owner is unknown to the curator of the Capitol
for longer than three years, the Texas Escheat Laws, located at the
Texas Property Code Annotated, §72.101 et. seq., shall take effect
and be followed by the office of the State Preservation Board. The
office of the State Preservation Board shall only return lent material
to the original lender or duly authorized agents. Heirs must present
legal proof of ownership before the board will release lent material.
(5) Complete records of all loan transactions shall
be kept by the curator of the Capitol.
(g) Loans from the board.
(1) Since the Capitol collections consist primarily
of objects that are either being used or displayed in functional or
public areas of the building, and because of limitations of staff
and equipment, as a general rule the loan of items from the Capitol
collections will not be approved. This loan policy does not apply
to items released from conservation treatment or short-term storage.
(2) Any deviation from this loan policy must be approved
by the curator of the Capitol, the executive director of the State
Preservation Board and the board. In order to be considered, a potential
borrower preferably should be an established museum, in most cases
preferably accredited by the American Association of Museums. The
borrowing institution's security, climate control, and other factors
will be taken into consideration during the review process. In the
event a loan from the collection is approved, insurance will be carried
by the borrower who will provide the board with a wall-to-wall certificate
of insurance. Any exceptions must be made in advance in a contractual
document. All rules and regulations governing loans from the Capitol
collections will be clearly stated in a contractual document and agreed
to by the borrower and the office of the State Preservation Board
prior to releasing material to the borrower.
(h) Documentation of collections.
(1) Items of historical significance under the purview
of the State Preservation Board will be accessioned and catalogued
according to standard museum methods.
(2) In addition to an item's state inventory number
or any other number, each object will be assigned a Capitol historical
artifact (CHA) number. The numbers will be assigned sequentially on
a yearly basis. The prefix of the number will be the year of accession,
followed by a sequential number (ie. 1988.1, 1988.2, 1988.3, and so
on). An "R" preceding the CHA number shall identify items that are
reproductions of original Capitol furnishings items. These items will
be referred to as the Reproduction Capitol Historical Artifact Collection.
A label will be affixed to each item noting that it is a Capitol historical
artifact. In addition, the accession number will be permanently marked
on the item following accepted museum methods. An annual inventory
of the collection will be conducted by the curator of the Capitol.
(3) Each accession will be promptly entered into an
accession book, in order by CHA number. The accession book will contain
the following information for each item: CHA number, state inventory
number (or other number), name brief description and measurements,
source, date of accession, and location. In addition, all accession
and basic catalog information on each CHA will be entered on a computer
(4) A catalog report will be completed for each item
and updated as required. A black-and-white (color when necessary)
contact print of the object will be affixed to each report. The original
catalog reports will be placed in an archival sleeve and filed in
the appropriate object file. Copies of the catalog reports will be
kept in notebooks in order by CHA number. Additional files on the
collections will be maintained, including:
(A) object files kept in archival file folders:
(i) original catalog report;