13 TAC §§14.1, 14.3, 14.5
On October 27, 2000 the Texas Historical Commission voted
to adopt new rules under Title 13, Part II, Chapter 14, §§14.1,
14.3, and 14.5, concerning the possible acquisition of historical artifacts,
documents, or objects. These rules are adopted without changes to the proposed
text as published in the September 15, 2000, issue of the
Texas Register
(25 TexReg 9138).
Chapter 14 was created as a response to the passage of an appropriation
rider by the 76th Texas Legislature that appropriated funds for the possible
purchase by the State of Texas of important historical artifacts, documents,
or objects. The Legislature assigned the Texas Historical Commission as the
state agency responsible for the purchase of any such artifacts, documents,
or objects and these rule implement this process. The chapter describes and
defines the process by which objects or artifacts may be acquired by the commission
for the State of Texas. The chapter also explains the basic criteria that
the commission will use in evaluating and purchasing appropriate historical
documents, objects, or artifacts, and it explains the procedures the commission
will use in potentially placing those objects or artifacts in an appropriate
curatorial facility or museum.
One letter of comments was received regarding adoption of these proposed
rules. The following are the comments, and the commission's response.
Comment: The commenter did not believe that the State should engage in
the acquisition of memorabilia in open competition with businesses and individuals
who deal in antiquities, because of the questionable legal and ethical aspects
of the antiquities trade.
Response: The commission agrees, and when and if they find an object worthy
of purchase they will take measures to insure that the object(s) are authentic
and were not procured in such a way as to encourage the illegal trade in antiquities.
Additionally, the Texas Legislature believes that the purchase of important
historical document or artifacts are in the best interest of the citizens
of the State of Texas, and the proposed rule is addressing a legislatively
mandated appropriations rider that calls for the potential purchase of such
objects. The Commission, therefore, has a responsibility to develop procedures
to carry out this mandate. No changes to the rules are needed as a result
of this comment.
Comment: Does the Bob Bullock State History Museum possesses the facilities
to properly curate objects, if given to them.
Response: The commission will work with any and all institutions to insure
that they meet proper curation standards, before those institutions are assigned
the responsibility of the care of such objects or any state held-in-trust
collections. No changes to the rules are needed as a result of this comment.
Comment: Is the commission limited to the acquisition of only historical
objects, or can we also acquire natural history objects.
Response: The appropriations rider did not specifically clarify this issue,
but the commission believe that the legislative intent did not include natural
history objects. No changes to the rules are needed as a result of this comment.
Comment: Are there other state legal authorities that acquire natural history
objects.
Response: The commission believes that the University of Texas and other
state universities carry out these activities, but the commission is not aware
of other state agencies that may have the funds or authority to acquire natural
history objects. No changes to the rules are needed as a result of this comment.
Comment: Will these rules invite profiteering.
Response: The commission does not believe they will, and the commission
will insure that the potential acquisition of any historical artifacts or
documents in the best interest of the citizens of the State of Texas. No changes
to the rules are needed as a result of this comment.
Comment: What is to become of such items already in public collections
that have yet to be catalogued, analyzed, curated, or are otherwise not yet
in a state of perpetual preservation.
Response: The commission agrees that these are important issues that should
be addressed by the State Legislature, but these issues are not a part of
the current legislative mandate. No changes to the rules are needed as a result
of this comment.
Comment: Will the commission ask the legislature to allow that any unexpended
funds be appropriated to those institutions that are failing to preserve our
unique cultural history due to financial shortfalls, or shall the funds lay
about waiting on unique opportunities to bid for treasures at the auction
block.
Response: Since the money is part of a biannual appropriation, the funds
will lapse back into the general revenue funds if they not spent by September
1, 2001. Re-appropriation of these funds can only occur through an act of
the legislature, and while the commission hopes that these funds might be
re-appropriated for other curatorial purposes, currently these funds can not
be used to resolve other state-wide curatorial problems. No changes to the
rules are needed as a result of this comment.
The amendments are adopted under Section 442.005(q), Title 13
Part II of the Texas Government 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 in part implement Section 442.005(p) of the
Texas Government 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 5, 2001.
TRD-200100072
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Effective date: January 25, 2001
Proposal publication date: September 15, 2000
For further information, please call: (512) 463-5711