13 TAC §26.15, §26.27
The Texas Historical Commission adopts the amendments to §26.15
and §26.27, concerning Memoranda of Understanding and Agreement (MOU),
and Disposition of Archeological Artifacts and Data, without change to the
proposed text as published in the August 27, 1999, issue of the
Texas Register
(24 TexReg 6603).
Section 26.15 was amended because the THC and the Texas Department of Transportation
(TxDOT) have agreed to modifications to the existing MOU between the two agencies.
Section 26.27 was amended to change the final due date for which curatorial
facilities must be accredited to hold artifacts collected under Antiquities
Permits.
One comment was received regarding adoption of the proposed amendments.
The following is the comment, the commission's response, and any resulting
change(s) to the chapter.
Comment: Regarding §26.27, the commenter stated that she believed
that the proposed date of December 31, 2002, for curation facilities to become
accredited by the Council of Texas Archeologists was too soon a date for some
facilities, and that this date should be pushed back to 2005.
Response: The commission believes that the 2002 date will provide sufficient
time for all facilities in the state, but the commission will also monitor
the situation over the next two years and determine how to deal with the needs
of some facilities that might need more time. No change was made as a result
of this comment.
The amendments are adopted under §442.005(q), Title 13 Part
II of the Texas Government Code, and §191.052 of the Texas Natural Resources
Code, which provides the Texas Historical Commission with the authority to
promulgate rules and conditions to reasonably effect the purposes of this
chapter.
These adopted amendments also 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 January 20, 2000.
TRD-200000387
F. Lawrence Oaks
Executive Director
Texas Historical Commission
Effective date: February 9, 2000
Proposal publication date: August 27, 1999
For further information, please call: (512) 463-5711