PART 2. TEXAS HISTORICAL COMMISSION
CHAPTER 28. HISTORIC SHIPWRECKS
The Texas Historical Commission (hereafter referred to as the Commission) adopts amendments to §§28.2 - 28.4 and new §§28.5 - 28.9 of the Chapter 28 Rules (Title 13, Part 2, Texas Administrative Code), concerning Historic Shipwrecks, without changes to the text as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4439).
These amendments and new sections are being adopted in an effort to update and modify the rules associated with historically significant shipwrecks that are either submerged under the waterways or contained on, in, or under the public lands of the State of Texas. These amendments and new sections should improve the quality of underwater archeological investigations by streamlining and clarifying the responsibilities of principal investigators.
One comment was received regarding adoption of the amendments and new sections. The following is the comment, the commission's response, and any resulting change(s) to the chapter.
Comment: Regarding §28.4(a) and (d), the commenter questioned whether both high and low probability state lease tracts of land would are listed in a Commission database, and requested that the Commission make available the list low probability tracts.
Response: The Commission responded that the list of both high and low probability tracts is maintained by the General Land Office, and that the high and low probability classifications for each lease tract can be determined based on alpha character codes that are listed with each tract. No change was made as a result of this comment.
The amendments and new rules are both adopted under §442.005(q), Title 4, Chapter 442 of the Texas Government Code and §191.052, Title 9, Chapter 191 of the Texas Natural Resources Code, which provides the Texas Historical Commission with the authority to promulgate rules and conditions to reasonably affect the purposes of these chapters.
These adopted amendments and new sections implement §442.005(b) of the Texas Government Code and §191.051 of the Texas Natural Resources Code.
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 August 1, 2008.
TRD-200804020
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Effective date: August 21, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 463-1858
The Texas Historical Commission (hereafter referred to as the Commission) adopts the repeal of §§28.5 - 28.7 of Chapter 28, Title 13, Part 2 of the Texas Administrative Code, concerning Historic Shipwrecks, without changes as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4442).
The repeal of these sections is being adopted in an effort to update and modify the rules associated with historically significant shipwrecks that are either submerged under the waterways or contained on, in, or under the public lands of the State of Texas.
No public comments were received regarding adoption of this repeal.
The repeal of these sections is being adopted under §442.005(q), Title 4, Chapter 442 of the Texas Government Code and §191.052, Title 9, Chapter 191 of the Texas Natural Resources Code, which provides the Texas Historical Commission with the authority to promulgate rules and conditions to reasonably affect the purposes of these chapters.
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 August 1, 2008.
TRD-200804021
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Effective date: August 21, 2008
Proposal publication date: June 6, 2008
For further information, please call: (512) 463-1858