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RULE §26.2Scope

For purposes of implementing the Antiquities Code of Texas, the commission is the statutorily created body responsible for protecting and preserving State Antiquities Landmarks (landmarks) under the Texas Natural Resources Code, Title 9, Chapter 191.

  (1) Section 191.092 of the Texas Natural Resources Code declares that it is the public policy and in the public interest of the State of Texas to locate, protect, and preserve landmarks, including sites, objects, buildings, structures and historic shipwrecks, and locations of historical, archeological, educational, or scientific interest including, but not limited to, prehistoric American Indian or aboriginal campsites, dwellings, and habitation sites, aboriginal paintings, petroglyphs, and other marks or carvings on rock or elsewhere which pertain to early American Indian or other archeological sites of every character, treasure imbedded in the earth, sunken or abandoned ships and wrecks of the sea or any part of their contents, maps, records, documents, books, artifacts, and implements of culture in any way related to the inhabitants, prehistory, history, government, or culture in, on, or under any of the lands of the State of Texas, including the tidelands, submerged land, and the bed of the sea within the jurisdiction of the State of Texas.

  (2) Section 191.093 of the Texas Natural Resources Code states that all landmarks are afforded some level of consideration prior to being affected by a proposed project.

  (3) Section 191.0525 of the Texas Natural Resources Code requires that notice be provided to the commission before breaking ground at a project location on state or local public land. This step ensures that project effects on landmarks, whether or not they have currently been identified, are appropriately considered. Upon notification, the commission will determine if the project affects a landmark or whether the project area warrants a survey to identify potential landmarks. Section 26.7 of this title (relating to Location and Discovery of Cultural Resources and Landmarks) describes the notification requirements and review process.

  (4) Section 191.091 and §191.092 of the Texas Natural Resources Code provide that archeological sites and historic buildings and structures on lands belonging to state agencies or political subdivisions of the State of Texas are landmarks or may be eligible to be designated as landmarks. Landmark designation may be initiated by the public agency, the commission, or a third party. Section 191.094 of the Texas Natural Resources Code allows for the designation of landmarks on private property. Section 26.8 and §26.9 of this title describe the designation procedures for landmarks.

  (5) Section 191.054 and §191.055 of the Texas Natural Resources Code state that the commission oversees investigations or project work though a permitting process. The commission uses permits to establish the terms under which work may proceed. Subchapters C and D of this chapter describe the permitting process for archeological permits and historic buildings and structures permits, respectively.

  (6) Documents referenced in this chapter, including landmark nomination and permit application forms, are available on the commission website at www.thc.texas.gov or by contacting the commission.

Source Note: The provisions of this §26.2 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective December 31, 2017, 42 TexReg 7383

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