13 TAC §§24.1, 24.3, 24.5, 24.7, 24.9, 24.11, 24.13, 24.15, 24.17, 24.19, 24.21, 24.23
The Texas Historical Commission adopts new §§24.1,
24.3, 24.5, 24.7, 24.9, 24.11, 24.13, 24.15, 24.17, 24.19, 24.21, and 24.23,
concerning provisions for the restriction of sensitive cultural resource information.
These sections are adopted without changes to the proposed text as published
in the September 4, 1998, issue of the
Texas Register
(23 TexReg 8953).
Section 24.1 defines the objectives of these rules.
Section 24.3 discusses the scope of the intent of the rules that restrict
cultural resource information.
Section 24.5 discusses compliance issues associated with the use of restricted
information.
Section 24.7 provides definitions of terms used in the section.
Section 24.9 provides a definition of the Texas Historic Sites Atlas.
Section 24.11 defines what information the THC holds that is not restricted.
Section 24.13 defines what information the THC holds that is restricted.
Section 24.15 explains the process for obtaining information.
Section 24.17 discusses the criteria for access to restricted information.
Section 24.19 discusses how to apply for access to restricted information.
Section 24.21 discusses memoranda of understandings related to the use
of restricted information.
Section 24.23 discusses access committee procedures.
The new rules concern public access to cultural resource information contained
within our libraries, files, and databases. The chapter defines public and
restricted cultural resource information, establishes criteria for access
to restricted data, and outline the registration procedures required for access
to, and use of the information held by the commission in its libraries, files,
documents, maps, and contained in the Texas Historic Sites Atlas (THSA). These
rules protect fragile properties, particularly those subject to looting and
vandalism, the commission will withhold information about the location and
character of such properties, and thereby will assist in the protection of
those resources for the benefit of the State of Texas and its citizens.
These rules establish a procedure that the commission must follow in order
to grant access to the restricted data held by the commission. Under these
rules an access committee is created that will review applications and determine
who may have access to restricted site data. In any contested case decisions
the applicant may be appeal any decision to the commission for a final ruling.
The agency received no comments regarding these new proposed rules.
The new section is adopted under the Section 442,005(q) of the
Texas Government Code, Title 13, Part II (revised by Sunset Review process
and the 70th Legislature in 1995, and by the 75th Legislature, effective Sept.
1, 1997), and Section 191.052 of the Texas Natural Resources Code, which authorizes
the Texas Historical Commission to promulgate rules and set conditions to
reasonably effect the purposes of this section. The provisions of Part II
are issued under Texas Civil Statutes, Article 6145, §§1,3(c), and
9(a).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November
16, 1998.
TRD-9817571
Curtis Tunnell
Executive Director
Texas Historical Commission
Effective date: December 6, 1998
Proposal publication date: September 4, 1998
For further information, please call: (512) 463-5711