The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Access account--Confidential transaction record verifying an individual's identity and authority to access the restricted information within the THSA database.
2. (2) Access agreement--A contract signed or otherwise accepted by all users of RCRI, which states that they agree to comply with the regulations governing the use of RCRI, including the restricted data contained within the THSA database.
3. (3) Access committee--The RCRI Access Committee. A standing committee composed of the Director of the Archeology Division, the Director of the History Programs Division, the State Archeologist, and the Director of the Texas Archeological Research Laboratory of the University of Texas at Austin, or their designees, which has the authority to determine an applicant's qualification for access to restricted information, and the ability to grant or deny such access.
4. (4) Applicant--An individual who submits an application request for access to RCRI data sources, including the THSA database.
5. (5) Application form--The completed information packet filed by an applicant being considered for access privileges to RCRI.
6. (6) Cultural resource information--Data pertaining to cultural resources, including but not limited to site records, reports, location information, notes, photographs, and maps.
7. (7) Atlas--The Texas Historic Sites Atlas (THSA).
8. (8) Cultural resource--A site or place where there is physical evidence of past human activities, such as structures, artifacts or alterations of the natural environment, and which is fifty or more years old.
9. (9) Curriculum vitae--Brief account of the applicant's career and qualifications.
10. (10) Database--Information and data contained within a computer, file, or document.

11. (11) Legitimate scientific or legal interest--An interest based on specific research goals associated with professional archeological, historical, or architectural research as defined in Chapter 191 of the Texas Natural Resources Code, or legal jurisdiction directly related to ownership of sites classified as restricted under this title.

    1. (A) Firms engaged in the business of cultural resource management for profit that do not have a qualified staff archeologist do not have a legitimate scientific or legal interest.
    2. (B) Entities granted access to RCRI solely on the basis of ownership shall be granted access only to information on the sites they actually own, to the extent it is practical to limit such access. They shall not be granted statewide access to the restricted portion of the THSA.
    3. (C) Technical support personnel working with and under the supervision of a currently authorized RCRI user that has a legitimate scientific or legal interest.
    4. (D) College students must work under the supervision of a currently authorized RCRI user.
12. (12) Political subdivision--A political subdivision of the State, as defined in Chapter 191 of the Texas Natural Resources Code.
13. (13) Site--A cultural resource location containing evidence of either a prehistoric and/or historic occupation, or activity, building, or structure, whether standing, in ruin, or vanished, where the location itself maintains historical or archeological value regardless of the value of any existing structure.
14. (14) Site location--Information concerning the location, placement, or locality of a cultural resource.
15. (15) Site records--All data and information relating to the character, condition, and location of any archeological site or other cultural resource, and all data and information pertinent to collections of material remains. Site records include, but are not limited to, photographs, maps, notes, drawings, site data forms, documents, sound tapes, and computerized data.
16. (16) State agency--A department, commission, board, office, or other agency, as defined in Chapter 191 of the Texas Natural Resources Code.
17. (17) Steward--A member of the Texas Archeological Stewardship Network.
18. (18) Texas Historic Sites Atlas--The computer database documenting historical and archeological sites and properties in the state of Texas, as well as the computer database server on which this information resides and the system that provides access to this database through the Internet.
19. (19) User--An individual who accesses and uses information contained within the THSA database or within the libraries, files, documents, and maps held by the commission.

Source Note:The provisions of this §24.7 adopted to be effective December 6, 1998, 23 TexReg 11920; amended to be effective August 20, 2003, 28 TexReg 6537.