<<Prev Rule

Texas Administrative Code

Next Rule>>
RULE §14.5Acquisition Program

(a) Documents, records, or historical artifacts, hereafter collectively referred to as historical items, may be identified for potential purchase by any person and brought to the attention of the commission.

(b) Only historical items that represent a unique opportunity to preserve the cultural heritage of Texas will be considered for acquisition. Historical artifacts, records, and documents recommended for acquisition will be researched for authenticity and appropriateness of acquisition, by the staff of the commission, or consultants contracted by the commission for this purpose. Staff will make a recommendation to the commission.

(c) The commission will review the recommendation for the acquisition of historical items, including the staff findings and comments, and will make a final decision to proceed or to not proceed with the acquisition. Commission review can occur at a regularly called meeting or by special meeting as called by the chair of the commission.

(d) In cases of emergency acquisition, the executive director, in consultation with the chair, may make a final decision to proceed or to not proceed with an acquisition of historical items. The decision shall be reported by the chair at the next regularly scheduled meeting of the commission. The commission will not purchase items of questionable origin.

(e) The commission will decide if a museum or repository will receive the acquired historical items. Acquisitions may also be made by the commission for historical items to be maintained at the commission's headquarters. For materials not housed at the commission's headquarters, held-in-trust agreements will be executed between the receiving museum or repository and the commission to insure the safety and long-term care of the historical items. Exceptions to the certification requirement may be considered by the commission on a case-by-case basis.

Source Note: The provisions of this §14.5 adopted to be effective January 25, 2001, 26 TexReg 759; amended to be effective September 2, 2013, 38 TexReg 5710

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page