| (a) Ownership. The Commission is responsible for the
management of archeological, archival, architectural, historic furnishing,
and fine arts collections associated with historic sites overseen
by the Commission. The Commission is granted authority over these
collections by this section and §29.7 of this title (relating
to State Associated Collections).
(b) Governance. Statutory and administrative authority
over state-owned collections that are managed by the Commission is
established in Texas Natural Resources Code §§191.051, 191.058,
191.091, 191.092; Texas Government Code §§442.007, 442.015;
442.075, 2175.909; and in Chapter 26 and 29 of the Texas Administrative
Code. Operational and procedural requirements related to the care
and management of state-owned collections overseen by the Commission
are outlined in the Commission's Collections Management Policy (CMP).
(c) Deaccessioning. The Commission recognized the special
responsibility associated with the receipt and maintenance of objects
of cultural, historical, and scientific significance in the public
trust. The decision to deaccession state-associated held-in-trust
object and collections is the responsibility of the Commission and
is governed by this section and §26.5 of this title (relating
to Antiquities Advisory Board).
(d) Final disposition of deaccessioned collections.
Following confirmation that a collection object is not subject to
any conditions established at the time of acquisition that may affect
its disposition and that there is sufficient documentation to a sure
clear title to the object, a deaccessioned collection object will
be disposed of in accordance with this section. All efforts will be
made to contact the original donor to provide notification of pending
collections disposition. In accordance with U.S. income tax policy,
the Commission is not able to return deaccessioned object to their
original donors or donors' estates.
(1) Transfer or exchange. A deaccessioned collection
object may be offered for transfer or exchange to another public institution
within the State of Texas. Any such transfer or exchange will occur
only on the written understanding that the object must remain within
the public domain for a period of ten years, Recipient institutions
will incur all transportation costs, unless otherwise agreed, and
are expected to provide appropriate preservation and/or exhibit facilities.
(A) Qualified institution. Recipient institutions must
have an established collections policy. The collection object(s) being
transferred should fall within the recipient institution's scope of
collections and the objects should be candidates for exhibition or
study within the institution.
(B) Object title. Title to deaccessioned objects will
be transferred along with the deaccessioned collection(s) to the recipient
institution. In the event that the recipient institution is unwilling
or unable to appropriately maintain the transferred collection(s)
for the requisite ten years, title will revert back to the Commission
and the Commission will assume responsibility for managing the objects'
final disposition.
(2) Sale. If a deaccessioned collection object cannot
be transferred or exchanged, it may be sold as a means of disposition,
preferable by public auction, in consultation with the Texas Facilities
Commission and following the provisions outlined by Texas Government
Code §2175. 909 (relating to Sale of Certain Historic Property,
Proceeds of Sale). All proceeds from any sale at auction of such deaccessioned
objects would benefit the source collections from which the objects
were removed.
(A) Coordination with the Texas Facilities Commission
(TFC). The Commission will work with the TFC to ensure that all sales
of deaccessioned collection items will be most advantageous to the
state under the circumstances. The Commission will also provide the
TFC all documentation necessary for verification that the deaccession
of the item is appropriate under the Commission's written policy governing
the care and preservation of the collection. The Commission will report
any sale to the TFC, including a description of the property disposed
of, the reasons for disposal, the price paid for the property disposed
of, and the recipient of the property disposed of.
(B) Vendor qualifications. When selecting a vendor
to sell the deaccessioned collection(s) by competitive bid, auction,
or direct sale to the public, the Commission must publish a Request
for Qualifications (RFQ) to ensure that the sale is conducted by a
qualified vendor. Selection of the vendor should be the most advantageous
to the state under the circumstances.
(C) Appraisal. Object whose estimated fair market value
could potentially exceed $500.00 must be appraised by: a qualified,
independent appraiser. Objects whose estimated fair market value could
potentially exceed $25,000.00 must be appraised by two separate qualified,
independent appraisers.
(D) Dedicated account. The Commission shall create
a dedicated fund in the general revenue fund for the deposit of any
money resulting from the sale of deaccessioned items. All proceeds
from any sale at auction of such deaccessioned objects would benefit
the source collections from which the objects were removed. The Commission
must ensure that money in the fund is appropriated only for the purposes
prescribed by Texas Government Code §2175.909(f), including the
care and preservation of the Commission's qualifying collection.
(3) Assignment to other historic site operations. If
a deaccessioned collection object cannot be transferred or exchanged,
it may also be made available for other operational purposes within
the Commission. The deaccessioned collection object may be used for
interpretive programming, exhibition props, restoration of another
collection item, or similar purposes.
(4) Destruction. Disposal of a collection object by
destruction is the final recourse and is permitted under the following
circumstances:
(A) all reasonable efforts were made to dispose of
the object through other means;
(B) the object is environmentally hazardous and poses
a danger to other collections or staff; and
(C) the object has no residual heritage, preservation,
or market value to the Commission.
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