State archeological landmarks include all sites, objects, buildings, pre-twentieth century shipwrecks and locations of historical, archeological, educational, or scientific interest including, but not limited to, prehistoric American Indian or aboriginal campsites, dwellings, and habitation sites, archeological sites of every character, treasure imbedded in the earth, sunken or abandoned ships and wrecks of the sea or any part of their contents thereof, maps, records, documents, books, artifacts, and implements of culture in any way related to the inhabitants, prehistory, history, natural history, government, or culture in, on, or under any of the lands of the State of Texas, including the tidelands, submerged land, and the bed of the sea within the jurisdiction of the State of Texas. Section 191.092 of the Code provides that historical and archeological sites on lands belonging to any county, city, or other political subdivision of the State of Texas are state archeological landmarks and may not be taken, altered, damaged or destroyed, salvaged, or excavated without a permit from the committee. Also protected under the Antiquities Code of Texas are specially designated archeological landmarks on private property, as well as all American Indian or aboriginal paintings, hieroglyphic, or other marks or carvings on rock or elsewhere which pertain to early American Indian or aboriginal habitation of the country. The committee is further empowered to provide for a system of permits and contracts for the excavation or study of archeological and historical sites and objects. Sections 191.002, 191.051, 191.091, 191.092, 191.093, and 191.094 of the Antiquities Code of Texas specifically discuss the interests of the State of Texas in the recordation, protection, preservation, and study of archeological sites in and on public lands, or under the public seas and waterways in the State of Texas. All publicly owned archeological sites in Texas have intrinsic historic values, and as such are protected under the Antiquities Code regardless of their size, character, or ability to yield data that will contribute important information on the history or prehistory of Texas. All such sites are protected under the Antiquities Code as State Archeological Landmarks regardless of whether they warrant official landmark designation. Therefore, all publicly owned sites are protected from vandalism, or other actions meant to take, alter, or destroy them, and information directly related to their specific locations is restricted from an open records requests. All archeological sites do not, however, contribute equally valuable scientific information on the history and prehistory of Texas, and some sites may not possess research values sufficient to warrant long term preservation, or archeological investigations beyond survey level recordation. Therefore, the issue of whether sites are significant and warrant preservation, and/or further research, (such as archeological testing and data recovery level investigations) is dealt with through both official landmark designations and permit issuance and regulation. Official State Archeological Landmark designation is an administrative procedure that provides for public notice of sites being considered for designation, and allows the land-owning or controlling public agency and the public the opportunity to have input into the designation process. The permit issuance and regulation procedures provide for an investigative and consultative process that allows the committee, permittee, land-owning agency, sponsor, principal investigator, and investigative firm a system by which sites can be documented and assessed to determine whether further investigations are necessary.

Source Note:The provisions of this §26.2 adopted to be effective January 1, 1976; amended to be effective June 23, 1982, 7 TexReg 2196; transferred effective August 30, 1995, as published in the Texas Register October 17, 1995, 20 TexReg 8442; amended to be effective June 26, 1996, 21 TexReg 5437; amended to be effective April 22, 1997, 22 TexReg 3577; amended to be effective April 15, 1999, 24 TexReg 3067.