| (a) Ownership. All specimens, artifacts, materials,
and samples plus original field notes, maps, drawings, photographs,
and standard state site survey forms, resulting from the investigations
remain the property of the State of Texas. Certain exceptions left
to the discretion of the Commission are contained in the Texas Natural
Resources Code, §191.052(b). The Commission will determine the
final disposition of all artifacts, specimens, materials, and data
recovered by investigations on State Antiquities Landmarks or potential
landmarks, which remain the property of the State. These state-associated
collections are of inestimable historical and scientific value and
should be preserved and utilized in such a way as to benefit all the
citizens of Texas. It is the rule of the Commission that such antiquities
shall never be used for commercial exploitation. (see also 13 TAC §26.17
(relating to Principal Investigator's Responsibilities for Disposition
of Archeological Artifacts and Data))
(b) Housing, conserving, and exhibiting state-associated
collections. (see also 13 TAC §26.17)
(1) After investigations conducted under the jurisdiction
of the Antiquities Code of Texas have culminated in the reporting
of results, these state-associated collections will be permanently
preserved in research collections at a curatorial facility certified
by the Commission. Prior to the expiration of a permit, proof that
state-associated collections are housed in a curatorial facility is
required. Failure to demonstrate proof before the permit expiration
date may result in the principal investigator and co-principal investigator
falling into default status. (see also 13 TAC §26.17)
(2) Institutions housing state-associated collections
will also be responsible for adequate security of the collections,
continued conservation, periodic inventory, and for making the collections
available to qualified institutions, individuals, or corporations
for research purposes. (see also 13 TAC §26.17)
(3) Exhibits of state-associated collections will be
made in such a way as to provide the maximum amount of historical,
scientific, archeological, and educational information to all the
citizens of Texas. First preference will be given to traveling exhibits
following guidelines provided by the Commission and originating at
an adequate facility nearest to the point of recovery. Permanent exhibits
of antiquities may be prepared by institutions maintaining such collections
following guidelines provided by the Commission. A variety of special,
short-term exhibits may also be authorized by the Commission. (see
also 13 TAC §26.17)
(c) Access to state-associated collections for research
purposes--collections retained under direct supervision of the Commission
will be available under the following conditions:
(1) Request for access to collections must be made
in writing to the curatorial facility holding the collections indicating
to which collection and what part of the collection access is desired;
nature of research and special requirements during access; who will
have access, when, and for how long; type of report which will result;
and expected date of report.
(2) Access will be granted during regular working hours
to qualified institutions or individuals for research culminating
in non-permit reporting. A copy of the report will be provided to
the Commission.
(3) Data such as descriptions or photos when available
will be provided to institutions or individuals on a limited basis
for research culminating in nonprofit reporting. A copy of the report
will be provided to the Commission.
(4) Access will be granted to corporations or individuals
preparing articles or books to be published on a profit-making basis
only if there will be no interference with conservation activities
or regular research projects; photos are made and data collected in
the facility housing the collection; arrangements for access are made
in writing at least one month in advance; cost of photos and data
and a reasonable charge of or supervision by responsible personnel
are paid by the corporation or individual desiring access; planned
article or publication does not encourage or condone treasure hunting
activity on public lands, State Antiquities Landmarks, or National
Register sites, or other activities which damage, alter, or destroy
cultural resources; proper credit for photos and data are indicated
in the report; a copy of the report will be provided to the Commission.
(5) The Commission may maintain a file of standard
photographs and captions available for purchase by the public.
(6) A written agreement containing the appropriate
stipulations will be prepared and executed prior to the access.
(7) Curatorial facilities certified by the Commission
shall promulgate reasonable procedures governing access to those collections
under their stewardship.
(d) Deaccession. The Commission's rules for deaccession
recognize the special responsibility associated with the receipt and
maintenance of objects of cultural, historical, and scientific significance
in the public trust. Although curatorial facilities become stewards
of held-in-trust collections, title is retained by the Commission
for the State. Thus, the decision to deaccession held-in-trust objects
or state-associated collections is the responsibility of the Commission.
The Commission recognizes the need for periodic reevaluations and
thoughtful selection necessary for the growth and proper care of collections.
The practice of deaccessioning under well-defined guidelines provides
this opportunity.
(1) Deaccessioning may be through voluntary or involuntary
means. The transfer, exchange, or deterioration beyond repair or stabilization
or other voluntary removal from a collection in a curatorial facility
is subject to the limitations of this rule.
(2) Involuntary removal from collections occurs when
objects, samples, or records are lost through theft, disappearance,
or natural disaster. If the whereabouts of the object, sample, or
record is unknown, it may be removed from the responsibility of the
curatorial facility, but the Commission will not relinquish title
in case the object, sample, or record subsequently is returned.
(e) Certified curatorial facilities. Authority to deal
with deaccessioning of limited categories of objects and samples from
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 deaccessioning
actions.
(1) 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 deaccession
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 this rule.
(2) Curatorial facilities not yet certified by the
Commission to hold state held-in-trust collections shall submit written
deaccession requests of objects and samples from held-in-trust collections
to the Commission.
(3) Requests to deaccession a held-in-trust collection
in its entirety must be submitted to the Commission.
(4) The reasons for deaccessioning all or part of held-in-trust
collections include, but are not limited to, the following:
(A) Objects lacking provenience that are not significant
or useful for research, exhibit, or educational purposes in and of
themselves;
(B) Objects or collections that do not relate to the
stated mission of the curatorial facility. Objects or collections
that are relevant to the stated mission of the curatorial facility
may not be deaccessioned on the grounds that they are not relevant
to the research interests of current staff or faculty;
(C) Objects that have decayed or decomposed beyond
reasonable use or repair or that by their condition constitute a hazard
in the collections;
(D) Objects that have been noted as missing from a
collection beyond the time of the next collections-wide inventory
are determined irretrievable and subject to be deaccessioned as lost;
(E) Objects suspected as stolen from the collections
must be reported to the Commission in writing immediately for notification
to similar curatorial facilities, appropriate organizations, and law
enforcement agencies. Objects suspected as stolen and not recovered
after a period of three years or until the time of the next collections-wide
inventory are determined irretrievable and subject to being deaccessioned
as stolen;
(F) Objects that have been stolen and for which an
insurance claim has been paid to the curatorial facility;
(G) Objects that may be subject to deaccessioning as
required by federal laws; and
Cont'd... |
