Part 2. TEXAS HISTORICAL COMMISSION

Chapter 26. PRACTICE AND PROCEDURE

13 TAC §26.5, §26.27

The Texas Historical Commission (hereafter referred to as the commission) adopts amendments to §26.5 (relating to Definitions) and §26.27 (relating to Disposition of Archeological Artifacts and Data) of Title 13, Part 2, Chapter 26 of the Texas Administrative Code (relating to Rules of Practice and Procedure under the Antiquities Code of Texas), without changes to text as published in the November 24, 2006, issue of the Texas Register (31 TexReg 9557).

The adoption of these rule amendments are needed to clarify the responsibilities of principle investigators regarding the collection, curation, deaccessioning, disposal, and curation of artifacts recovered under either permit or contracts issued by the commission. The amendments also delete a part of the section that was considered to be more appropriate in Chapter 29 of this title, because it deals with the responsibilities of curatorial facilities.

No comments were received regarding adoption of the amendments.

The amendments are adopted under the Texas Natural Resources Code, Title 9, Chapter 191, which provides the Commission with authority to promulgate rule that will reasonably affect the purposes of this chapter.

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 February 1, 2007.

TRD-200700279

F. Lawerence Oaks

Executive Director

Texas Historical Commission

Effective date: February 21, 2007

Proposal publication date: November 24, 2006

For further information, please call: (512) 463-1858

13 TAC §§29.4 - 29.6, 29.9

The Texas Historical Commission (hereafter referred to as the Commission) adopts amendments to §§29.4, 29.6, and 29.9 and new §29.5 without changes to the proposed text as published in the November 24, 2006, issue of the Texas Register (31 TexReg 9560).

The amendments to §29.4 (relating to Definitions) add a definition of "conservation survey" to mean an evaluation of the state of a curatorial facility's performance in the process of cleaning, stabilizing, restoring, and preserving artifacts, and to amend the definition of "disposal" to include disposal after deaccession. A new §29.5 (concerning Disposition of Archeological Collections) is adopted, and the section incorporates provisions that were previously included in §26.27 of this title. The new section would contain provisions detailing the ownership of collections by the State of Texas, how curatorial facilities must house, preserve, provide access to, accession, deaccession, and analyze their state associated, held in trust collections. Section 29.6 (relating to Certification of Curatorial Facilities for State-Associated Held-in-Trust Collections) is amended to provide that a curatorial facility may be granted a one-time extension of the deadline to complete its self-evaluation not to exceed six months; to clarify that the criteria for evaluation of curatorial facilities for certification are mandatory, not directory; and to revise the criteria for evaluation to reflect the experience of the Commission in conducting the certification program. Section 29.9 (relating to Guidelines for Drafting an Collections Management Policy for Managing State-Associated Collections) is amended to change the name of the section to "Expectations for Drafting an Collections Management Policy for Managing State-Associated Collections;" to provide that self-insured governmental entities may apply for exemption from insurance requirements; and to update the language of the section to reflect the experience of the Commission in conducting the certification program.

These changes are needed to clarify the curatorial facility certification program of the commission regarding the collection, curation, deaccessioning, disposal, and destructive analysis of artifacts contained in state associated held in trust collections. The Texas Natural Resources Code makes all of these artifacts and collections the property of the State of Texas, and the Texas Historical Commission has authority over them. The revised sections establish a process for ensuring that the artifacts are properly curated, recorded, and, if appropriate, disposed of in conformance with appropriate standards established by the Commission.

No comments were received regarding adoption of the amendments and new section.

The amendments and new section are adopted under the Texas Natural Resources Code, Title 9, Chapter 191, which provides the Commission with authority to promulgate rules that will reasonably affect the purposes of this chapter.

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 February 1, 2007.

TRD-200700280

F. Lawerence Oaks

Executive Director

Texas Historical Commission

Effective date: February 21, 2007

Proposal publication date: November 24, 2006

For further information, please call: (512) 463-1858