| (43) National Register of Historic Places--A register
of districts, sites, buildings, structures, and objects significant
in American history, architecture, archeology, and culture maintained
by the United States Secretary of the Interior. Information concerning
the National Register of Historic Places is available through the
commission or from the National Park Service at www.nps.gov/nr.
(44) Object--The term "object" can refer to artifacts
or is a type of structure that is primarily artistic in nature or
are relatively small in scale and simply constructed. Although it
may be, by nature or design, movable, an object is associated with
a specific setting or environment. Examples of objects include artifacts,
monuments, markers, and sculpture.
(45) Permit application offense--Failure to properly
apply for a permit and/or receive authorization for an emergency permit
by the commission, prior to the actual performance of an archeological
investigation or other project work.
(46) Permit censuring--A restriction in the ability
of a principal investigator or other professional personnel and/or
an investigative firm or other professional firm to be issued a permit
under the auspices of the Antiquities Code of Texas.
(47) Permittee--The landowning or controlling individual
or, public agency and/or a project sponsor that is issued an Antiquities
Permit for an archeological investigation or other project work.
(48) Political subdivision--A unit of local government
created and operating under the laws of this state, including a city,
county, school district, or special district created under the Texas
(49) Prehistoric time period--For the purpose of landmark
designation, a time period that encompasses a great length of time
beginning when humans first entered the New World and ending with
the arrival of the Spanish Europeans, which has been approximated
for purposes of these guidelines at A.D. 1500.
(50) Professional firm--A company or scientific institution
that has professional personnel who meet the required qualifications
for specific types of work. The company or institution holds equal
responsibilities with the professional personnel to complete requirements
under an Antiquities Permit.
(51) Professional personnel--Trained specialists who
meet the professional qualifications standards in §26.4 of this
title (relating to Professional Qualifications and Requirements) and
are required to perform archeological and architectural investigations
and project work.
(52) Project--Activity on a cultural resource including,
but not limited to: investigation, survey, testing, excavation, restoration,
demolition, scientific or educational study.
(53) Project sponsor--A public agency, individual,
institution, investigative firm or other professional firm, organization,
corporation, contractor, and/or company paying costs of archeological
investigation or other project work, or that sponsors, funds, or otherwise
functions as a party under a permit.
(54) Public agency--Any state agency or political subdivision
of the state.
(55) Public lands--Non-federal, public lands that are
owned or controlled by the State of Texas or any of its political
subdivisions, including the tidelands, submerged land, and the bed
of the sea within the jurisdiction of the State of Texas.
(56) Recorded archeological site--Sites that are recorded,
listed, or registered with an institution, agency, or university,
such as the Texas Archeological Research Laboratory of the University
of Texas at Austin.
(57) Register of professional archeologists--A voluntary
national professional organization of archeologists which registers
(58) Research design--A written theoretical approach
and a plan for implementing fieldwork that also explains the goals
and methods of the investigation. A research design is developed prior
to the implementation of the field study and submitted with a completed
Archeological Permit Application.
(59) Ruins--A historic or prehistoric site, composed
of both archeological and structural remains, in which the building
or structure is in a state of collapse or deterioration to the point
that the original roof and/or flooring and/or walls are either missing,
partially missing, collapsed, partially collapsed, or seriously damaged
through natural forces or structural collapse. Ruins are considered
archeological sites, and historic buildings or structures recently
damaged or destroyed are not classified as ruins.
(60) Scope of work--A summary of the methodological
techniques used to perform the archeological investigation or outline
of other project work under permit.
(61) Significance--Importance attributed to sites,
buildings, structures and objects of historical, architectural, and
archeological value which are landmarks and eligible for official
designation and protection under the Antiquities Code of Texas. Historical
significance is the importance of a property to the history, architecture,
archeology, engineering or culture of a community, state or the nation,
and is a trait attributable to properties listed or determined eligible
for listing in the National Register of Historic Places or for state
(62) Site--Any place or location containing physical
evidence of human activity. Examples of sites include: the location
of prehistoric or historic occupations or activities, a group or district
of buildings or structures that share a common historical context
or period of significance, and designed cultural landscapes such as
parks and gardens.
(63) Shipwrecks--The wrecks of naval vessels, Spanish
treasure ships, coastal trading schooners, sailing ships, steamships,
and river steamships, among other remains of any waterborne craft
that sank, ran aground, was beached or docked.
(64) State agency--A department, commission, board,
office, or other agency that is a part of state government and that
is created by the constitution or a statute of this state. The term
includes an institution of higher education as defined by the Texas
Education Code, §61.003.
(65) State Antiquities Landmark--An archeological site,
archeological collection, ruin, building, structure, cultural landscape,
site, engineering feature, monument or other object, or district that
is officially designated as a landmark or treated as a landmark under
the interim protection described in §26.8(d) of this title (relating
to Designation Procedures for Publicly Owned Landmarks).
(66) State Archeological Landmark--A State Antiquities
(67) State associated collections--The collections
owned by the State and under the authority of the commission. This
includes the following:
(A) Permitted collections--Collections that are the
result of work governed by the Antiquities Code of Texas on land or
under waters belonging to the State of Texas or any political subdivision
of the State requiring the issuance of a permit by the commission.
(B) Non-permitted collections--Collections that are
the result of work governed by the Antiquities Code of Texas on land
or under waters belonging to the State of Texas or any political subdivision
of the State conducted by commission personnel without the issuance
of a permit.
(C) Purchased collections--Collections that are the
result of the acquisition of significant historical items by the commission
through Texas Historical Artifacts Acquisition Program or use of other
(D) Donated collections--Collections that are the result
of a gift, donation, or bequest to the commission.
(E) Court-action collections--Collections that are
awarded to the commission by a court through confiscation of illegally-obtained
archeological artifacts or any other material that may be awarded
to the commission by a court of law.
(F) Legislative action collections--Collections that
are transferred to the commission through legislative action.
(68) Structure--A work made up of interdependent and
interrelated parts in a definite pattern of organization. The term
"structure" is used to distinguish from buildings those functional
constructions made usually for purposes other than creating human
shelter. Constructed by man, it is often an engineering project. Examples
of structures include bridges, power plants, water towers, silos,
windmills, grain elevators, etc. As used herein, "structure" is also
understood to include all non-archeological cultural resources that
are not buildings, including cultural landscapes and non-archeological
sites, objects, and districts.
(69) Treasures embedded in the earth--In this context,
"treasures" refers to artifacts and objects from submerged archeological
sites. This can reference artifacts that are either contained within
a ship's hull or are isolated yet associated with submerged historic
and/or prehistoric archeological sites. The term "treasures" is not
meant to imply that objects of monetary value, such as gold and silver,
are separately protected under Antiquities Code of Texas. Additionally,
"embedded in the earth" refers to artifacts or objects buried or partially
covered in underwater sediments.
(70) Unverified cemetery--A location having some evidence
of human burial interments, but in which the presence of one or more
unmarked graves has not been verified by a person described by §711.0105(a)
of the Health and Safety Code of Texas or by the commission.
(71) Verified cemetery--The location of a human burial
interment or interments as verified by the commission.