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TITLE 13CULTURAL RESOURCES
PART 7STATE PRESERVATION BOARD
CHAPTER 111RULES AND REGULATIONS OF THE BOARD
RULE §111.18Capitol Collections Management Manual
Historical Texas Register

(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 policy.

  (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.

(e) Deaccessioning.

  (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 the board.

  (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 database.

  (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;

Cont'd...

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