| (H) Deaccession for reasons not listed above must be
approved on a case-by-case basis by the Commission.
(f) Title to Objects or Collections Deaccessioned.
If deaccessioning is for the purpose of transfer or exchange, Commission
retains title for the State to the object or collection. A new held-in-trust
agreement must be executed between the receiving curatorial facility
and the THC.
(1) If deaccessioning is due to theft or loss, the
Commission will retain title for the State to the object or collection
in case it is ever recovered, but the curatorial facility will no
longer be responsible for the object or collection.
(2) If deaccessioning is due to deterioration or damage
beyond repair or stabilization, the Commission relinquishes title
for the State to the object or collection and the object or collection
must be discarded in a suitable manner.
(g) Destructive Analysis. The Commission's rules for
destructive analysis apply only to samples and objects from held-in-trust
collections accessioned into the holdings of a curatorial facility.
Destructive analysis of samples or objects prior to placement in a
curatorial facility is covered by the research design approved for
the Antiquities Permit. Authority to deal with destructive analysis
requests of approved categories of objects and samples from state-associated
held-in-trust collections is delegated to a curatorial facility certified
by the Commission to hold state held-in-trust collections through
a contractual agreement between the curatorial facility and the Commission.
Annual reports will be submitted to the Commission on these destructive
analysis actions.
(1) A written research proposal must be submitted to
the curatorial facility stating research goals, specific samples or
objects from a held-in-trust collection to be destroyed, and research
credentials in order for the curatorial facility to establish whether
the destructive analysis is warranted.
(A) Any proposal for destructive analysis of human
remains must be reviewed by the Commission.
(B) The Commission will only issue permission to a
qualified applicant of an Antiquities Code Human Remains Testing permit
pursuant to 13 TAC §26.13 and §26.15 (relating to Application
for Archeological Permits and Archeological Permit Categories, respectively).
(2) If the Commission determines that a curatorial
facility has acted in violation of the contractual agreement and this
rule, the contractual agreement will be terminated. From that date
forward, the Commission will review and decide on all destructive
analysis actions of that curatorial facility concerning held-in-trust
objects and samples. A new contractual agreement may be executed at
such time as the Commission determines that the curatorial facility
has come into compliance with these rules.
(3) Curatorial facilities not yet certified by the
Commission to hold state held-in-trust collections shall submit destructive
analysis requests of objects and samples from held-in-trust collections
to the Commission.
(4) Conditions for approval of destructive analysis
may include qualifications of the researcher, uniqueness of the project,
scientific value of the knowledge sought to be gained, and the importance,
size, and condition of the object or sample.
(5) Objects and samples from held-in-trust collections
approved for destructive analysis purposes are loaned to the institution
where the researcher is affiliated. Objects and samples will not be
loaned to individuals for destructive analysis.
(6) If the curatorial facility denies a request for
destructive analysis of a sample or object from a held-in-trust collection,
appeal of the decision is through the Commission.
(7) Information gained from the analysis must be provided
to the curatorial facility as a condition of all loans for destructive
analysis purposes. After completion of destructive analysis, the researcher
must return the information (usually in the form of a research report)
in order for the loan to be closed. Two copies of any publications
resulting from the analysis must be sent to the curatorial facility.
If the object or sample is not completely destroyed by the destructive
analysis, the remainder must be returned to the curatorial facility.
(8) It is the responsibility of the curatorial facility
to monitor materials on loan for destructive analysis, to assure their
correct use, and to note the returned data in the records.
(9) The Commission does not relinquish title for the
State to an object or sample that has undergone destructive analysis
and the object or sample is not deaccessioned.
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| Source Note: The provisions of this §29.5 adopted to be effective February 21, 2007, 32 TexReg 620; amended to be effective February 21, 2013, 38 TexReg 823; amended to be effective August 16, 2016, 41 TexReg 5997; amended to be effective July 20, 2020, 45 TexReg 4967 |
