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

1. (1) Accession--means the formal acceptance of a collection and its recording into the holdings of a curatorial facility.
2. (2) Antiquities and artifacts--the tangible objects of the past that relate to human life and culture. Examples include, but are not limited; projectile points, tools, documents, art forms, and technologies.
3. (3) Antiquities Advisory Board--a ten-member board that assists the Texas Historical Commission in reviewing matters related to the Antiquities Code of Texas.
4. (4) Applicant--the controlling agency, organization, or political subdivision having administrative control over a publicly owned landmark or the owner of a privately owned landmark. Only the applicant may be issued a historic structures permit.
5. (5) Appropriate historical or archeological authorities--for purposes of implementing the Antiquities Code of Texas, the commission is the statutorily created body responsible for protecting and preserving State Archeological Landmarks, Texas Natural Resources Code of 1977, Title 9, Chapter 191.

6. (6) Archeological site--any place containing evidence of human activity, including but not limited to the following:

   1. (A) Habitation sites. Habitation sites are areas or structures where people live or have lived on a permanent or temporary basis. Standing structures may or may not be present. Habitation sites may also contain evidence of activities that are listed in the following as site types in the non-habitation category.

      1. (i) Campsites.

         1. (I) Native American open campsites were occupied on a temporary, seasonal, or intermittent basis. Evidence of structures may or may not be present. Native American campsites may have accumulations of shell or burned rock as well as hearths, hearth fields, bedrock mortars, burials, and/or scatters or accumulations of ceramics, stone debitage, flaked tools, and grinding stones. Campsites vary in size from a few square meters to several hectares. Additionally, Native American sites near missions, forts, and trading posts were of varying degrees of permanence with the site generally being continuously occupied; but not necessarily by the same group or tribe.
         2. (II) Rock shelters, in general, are a special kind of campsite. These sites are located in caves or under rock overhangs and have been occupied either temporarily, seasonally, or intermittently. Many articles of perishable materials such as clothing, basketry, sandals, and matting may be preserved. Shelter sites include not only the shelter area itself, but also the area of debris accumulation located in the immediate vicinity that is the result of activity by those occupying the rock shelter. Associated hearths, burials, bedrock mortars, dumps, etc., may be present. Rock shelters vary in size from an area large enough to accommodate only one person to areas of several hundred meters in the largest dimension.
         3. (III) Non-Native American campsites are the cultural remains of activities by people who are not Native American. Examples are sites that represent the activities of railroad workers, military units, settlers, slave quarters, wagon trains, shepherd shelters, line camps, buffalo hunter camps, cavalry campgrounds, trail drive camps, camps at river fords, candelilla wax camps, WPA and CCC camps and work sites.

      2. (ii) Residence sites.

         1. (I) Residence sites are those where routine daily activities were carried out and which were intended for year-round use. A greater degree of permanence is implied in a residence site than a campsite; therefore, structural evidence in the form of post molds, foundations, and so forth is more likely to be present. Examples include remains of cabins, dugouts, farmhouses, ranch headquarters, plantation residences, slave quarters, and urban homes, as well as teepee rings, pueblos, subterranean pithouses, and Caddoan houses constructed by Native Americans.
         2. (II) Residence sites resulting from Native American activities may include additional features and structures, including hearths, retaining walls, enclosures, compounds, patios, burials, cemeteries, mounds, platforms, and borrow areas, as well as scatters and accumulations of stone debitage, ceramic sherds, burned rock, flaked tools, grinding tools, grinding stones, and bedrock mortars.
         3. (III) Non-Native American sites may include, in addition to the main structure, outbuildings, water systems, trash dumps, garden areas, driveways, and other remains that were an integral part of the site when it was inhabited. Examples of structures or structural remains which might be present in addition to the residence include, but are not limited to, barns, silos, cisterns, corrals, wells, smokehouses, stables, gazebos, carriage houses, fences, walls, corn cribs, gins or mills, cellars, kitchens, and bunkhouses. Family cemeteries are often associated with early historic sites.

   2. (B) Non-habitation sites. Non-habitation sites result from use during specialized activities and may include standing structures. Descriptions of each kind of site are given.

      1. (i) Rock art and graffiti sites consist of symbols or representations that have been painted, ground, carved, sculpted, scratched, or pecked on or into the surface of rocks, wood, or metal. Names, dates, symbols, and representations or likenesses of people, animals, plants, lines, shapes or objects are common elements in such sites.
      2. (ii) Mines, quarry areas, and lithic procurement sites are those from which raw materials such as flint, clay, coal, minerals, or other materials were collected or mined for future use. Sites where flint was obtained can be identified by the abundance of flint flakes, broken tools, and flint cobbles. Historic mines often have associated structures such as head frames, support timbers, and transportation facilities.
      3. (iii) Game procurement and processing sites are areas where game was killed or butchered for food or hides. Remnants of structures such as game runs, hunting blinds, and fish weirs, as well as stone, bone, and metal tools, may be present in association with animal remains. Often the animal remains form a bone bed with cultural material dispersed sparsely among the bones.
      4. (iv) Engineering structures such as aqueducts, irrigation canals and ditches, earthen mounds, ramps, platforms, terraces, dams, bordered and leveled fields, constructed trails, bridges, tunnels, shafts, roads, rock fences, dams, lighthouses, and railroad, streetcar, and thoroughfare systems are the most common, but not the only kinds of engineering structures.
      5. (v) Cemeteries and burials, marked and unmarked, are special locales set aside for burial purposes. Cemeteries contain the remains of one or more persons. Burials may contain the remains of one or more individuals located in a common grave in a locale not formerly or subsequently used as a cemetery. The site area encompasses the human remains present and also gravestones, markers, containers, coverings, garments, vessels, tools, and other goods, which may be present. Cemeteries and burials whether prehistoric or historic, that are publicly owned are protected under the Antiquities Code. Cemeteries are considered historic if interments within the cemetery occurred at least fifty (50) years ago. Individual burials within a cemetery are not considered historic unless the interments occurred at least fifty (50) years ago.
      6. (vi) Fortifications, battlefields, training grounds and skirmish sites include fortifications of the historic period and the central areas of encounters between opposing forces, whether a major battleground or areas of small skirmishes. Trenches, mounds, walls, bastions, and other fortifications may be present. Trash dumps will also be considered a part of the site. Included here are battlefields of the Civil War, the Texas War for Independence, the Mexican War, and skirmish sites between non-Native American and Native American forces. Standing structures may or may not be present.
      7. (vii) Public service and ceremonial sites include, but are not limited to, kivas, temple mounds, shrines, missions, churches, libraries, museums, educational institutions, courthouses, fire stations, and hospitals. Standing structures may or may not be present.
      8. (viii) Commercial business structures and industrial structures and sites where products or services are produced, stored, distributed, or sold include, but are not limited to, markets, stores, shops, banks, hostels, stables, inns, stage stops, breweries, bakeries, factories, kilns, mills, storage facilities, and railroad, bus and tramway depots. Trash or dump deposits, outbuildings, wells, cisterns, and other features associated with the principal structures are considered to be parts of these sites.
      9. (ix) Monuments and markers include structures erected to commemorate or designate the importance of an event, person, or place, and may or may not be located at the sites they commemorate. Included in this category are certain markers erected by the Texas Historical Commission and county historical commissions, and markers and statuary located on public grounds such as courthouse squares, parks and the Capitol grounds. Examples of such sites constructed by Native Americans are medicine wheels that will be included in this category upon identification.
      10. (x) Shipwrecks by definition, Texas Natural Resource Code, Section 191.091, include the wrecks of naval vessels, Spanish treasure ships, coastal trading schooners, sailing ships, steamships, and river steamships, among others.
7. (7) Archeological Survey Standards for Texas--Minimum survey standards developed by the commission in consultation with the Council of Texas Archeologists.
8. (8) Board--the Antiquities Advisory Board.
9. (9) Building--A building is a structure created to shelter any form of human activity, such as a courthouse, city hall, church, hotel, house, barn, or similar structure. Building may refer to a historically related complex such as a courthouse and jail or a house and barn.
10. (10) commission--the Texas Historical Commission and its staff.
11. (11) Committee, or Antiquities Committee, or Texas Antiquities Committee--as redefined by the 74th Texas Legislature within Section 191.003 of the Antiquities Code means the Texas Historical Commission and/or staff members of the Texas Historical Commission.
12. (12) Contract archeologist--a professional archeologist who performs or directs archeological investigations under contract.
13. (13) Conservation--scientific laboratory processes for cleaning, stabilizing, restoring, preserving artifacts, and the preservation of buildings, sites, structures and objects.
14. (14) Council of Texas Archeologists--a non-profit voluntary organization that promotes the goals of professional archeology in the State of Texas.
15. (15) Council of Texas Archeologists Guidelines--professional and ethical standards which provide a code of self regulation for archeological professionals in Texas with regard to field methods, reporting, and curation.
16. (16) Cultural resource--any building, site, structure, object, artifact, historic shipwreck, landscape, location of historical, archeological, educational, or scientific interest, including, but not limited to, prehistoric and historic Native American or aboriginal campsites, dwellings, and habitation sites, archeological sites of every character, treasure embedded in the earth, sunken or abandoned ships and wrecks of the sea or any part of the 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. Examples of cultural resources include Native American mounds and campgrounds, aboriginal lithic resource areas, early industrial and engineering sites, rock art, early cottage and craft industry sites, bison kill sites, cemeteries, battlegrounds, all manner of historic buildings and structures, local historical records, cultural landscapes, etc.
17. (17) Curatorial facility--a museum, school of higher education, institution, or governmental agency that engages in the permanent curation, conservation, storage, and/or displays of archeological or other cultural artifacts.

18. (18) Data recovery--an excavation mode of archeology and a form of mitigation. The evidence from a skillfully accomplished archeological excavation provides a detailed picture of the human activities at the site; emphasis is placed on evidence rather than artifacts. In data recovery, the archeological deposits are removed by digging and so destroyed. The destruction can be justified only if:

    1. (A) it is done with such care that antiquities and cultural and environmental data in the area excavated are discovered, and if possible, preserved, however faint the surviving trace may be;
    2. (B) appropriate information has been accurately recorded, whether its importance is immediately recognized or not, to remain available after the site has disappeared; and
    3. (C) the record and results of the investigation are made available through publication.
19. (19) Deaccession--means the permanent removal of an object or collection from the holdings of a curatorial facility.
20. (20) Default--failure to fulfill all conditions of a permit or contract, issued or granted to permittee(s), sponsors, and principal investigator or investigative firm.
21. (21) Defaulted permit--a permit that has expired without all permit terms and conditions having been met.
22. (22) Department of Antiquities Protection (DAP)--means the Archeology Division (AD) of the commission.
23. (23) Designated historic district--areas of archeological, architectural, or historical significance indicated by: listing in, or determination of eligibility for listing in, the National Register of Historic Places; designation as State Archeological Landmarks, or determination of eligibility for designation as State Archeological Landmarks; or identified by State agencies or political subdivisions of the State as historically sensitive sites, districts, or areas. This includes historical designation by local landmark commissions, boards, or other public authorities, or through local preservation ordinances.
24. (24) Discovery--the act of locating, recording, and reporting a cultural resource.
25. (25) Destructive analysis--means destroying all or a portion of an object or sample to gain specialized information. For purposes of these rules, it does not include analysis of objects or samples prior to their being accessioned by a curatorial facility.
26. (26) Disposal--means the discard of an object or sample after being recovered and prior to accession.
27. (27) Eligible--archeological sites or other historic properties that meet the criteria set forth in Sections 26.7 - 26.10 of this title, are eligible for official landmark designation.
28. (28) Environmental data--presently available information as well as data derived as an adjunct to an archeological investigation, which includes, but is not limited to, area drainage, physiography, surface and subsurface geology, soils, flora, fauna, climate, the alteration of prehistoric and historic landforms, and so forth. The implications of present and/or hypothetical microenvironments should be presented when sufficient data allow for such inferences. The above elements of the environment through time must be considered during attempts to reconstruct past technological subsistence and settlement patterns.
29. (29) Emergency permit--a permit that authorizes investigations to be performed prior to the formal application for those investigations. This permit will only be issued under emergency conditions when cultural resources are discovered during development or other construction projects, or under conditions of natural or man-made disasters that necessitate immediate action to deal with the findings.
30. (30) Held-in-trust collection.--means those state-associated collections under the authority of the Texas Historical Commission that are placed in a curatorial facility for care and management; stewardship is transferred to that curatorial facility but not ownership.
31. (31) Historic landscape--a geographic area, associated with a historic event, activity, or person or exhibiting other cultural or aesthetic values.
32. (32) Historic property--a district, site, building, structure or object significant in American history, architecture, engineering, archeology or culture.
33. (33) Historic time period--for the purposes of State Archeological Landmark designation, this time period is defined as extending from A. D. 1500 to 50 years before the present.
34. (34) Integrity--the authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period.
35. (35) Intensive survey--a field survey examination to determine the number and extent of the cultural resources present and their scientific importance. Shovel testing may be required to locate archeological sites when the ground surface is obscured or to determine the horizontal limit of buried archeological deposits.
36. (36) Investigation--archeological or architectural activity including, but not limited to: reconnaissance or intensive survey, testing, or data recovery; preservation of rock art; underwater archeological survey, test excavation, or data recovery excavations; monitoring; measured drawings; or photographic documentation.
37. (37) Investigative firm--a company or scientific institution that has full-time experienced research personnel capable of handling investigations and employs a principal investigator and/or project architect. The company or institution holds equal responsibilities with the principal investigator or project architect to complete requirements under an Antiquities Permit.
38. (38) Land owning or controlling agency--any state agency or political subdivision of the state that owns or controls the land(s) in question.
39. (39) Landmark--means state archeological landmark.
40. (40) Mitigation--the amelioration of the potential total or partial loss of significant cultural resources. For example, mitigation for removal of a deteriorated historic building feature might include photographs and drawings of the feature, and installing a replacement that matches the original in form, material, color, etc. Mitigation for the loss of an archeological site might be accomplished through pre-planned data recovery actions, to preserve or recover an appropriate amount of data by application of current professional techniques and procedures, as defined in the permit's scope of work. Following archeological mitigation or data recovery investigation, a clearance letter may be issued by the commission that authorizes destruction of all or part of an archeological site without an Antiquities Permit.
41. (41) Monitoring--the on-site presence of a professional archeologist or architect to observe construction activities that could or will alter cultural resources, and to report findings and effects.
42. (42) National Register--the National Register of Historic Places is a register of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, and culture maintained by the Secretary of the Interior. Information concerning the National Register is available through the commission (print copies available from the commission or also online at www.thc.state.tx.us).
43. (43) Nonpublic interior spaces--are insignificant spaces exempt from the authority of the Antiquities Code. The interior spaces to be considered public and therefore not exempt are those spaces that are or were accessible to the public (lobbies, corridors, rotundas, meeting halls, courtrooms, offices of public officials, public employees and services, etc.), and those that are important to the public because of any significant historical, architectural, cultural, or ceremonial value.
44. (44) Normal maintenance or repair--any work performed on the materials, features or landforms of cultural resources that does not have the potential to cause removal, damage or alteration to the integrity, form or appearance of the material, feature or landform, is considered to be normal maintenance and repair and therefore exempt from the notification requirement. For example, permanent masonry damage can result from use of inappropriate cleaning methods, such as sandblasting, high pressure water cleaning or the use of unsuitable chemicals, or from use of damaging repointing techniques and materials. Replacing historic windows damages the historical integrity of a building and painting previously unpainted surfaces constitutes alteration. Such work is not considered normal maintenance or repair. Cleaning surfaces with non-corrosive mild solutions and low-pressure water, repainting window frames or doorways with similar paints, or minor repairs such as replacing putty on windows are examples of normal maintenance and repair.
45. (45) Permit application offense--failure to properly apply for a permit and/or receive authorization for an emergency permit by the commission, prior to the actual performance of an archeological investigation or other project work.
46. (46) Permit censuring--a restriction in the ability of a principal investigator or other professional personnel and/or an investigative firm or other professional firm to be issued a permit under the auspices of the Antiquities Code of Texas.
47. (47) Permittee--the landowning or controlling individual or, public agency and/or a project sponsor that is issued an Antiquities Permit for an archeological investigation or other project work.
48. (48) Political subdivision--a local government entity created and operating under the laws of this state, including a city, county, school district, or special district created under the Texas Constitution, Article III, Section 52(b)(1) or (2), or Article XVI, Section 59.
49. (49) Prehistoric time period--for the purpose of State Archeological Landmark designation, a time period that encompasses a great length of time beginning when humans first entered the New World and ending with the arrival of the Spanish Europeans, which has been approximated for purposes of these guidelines at A. D. 1500.
50. (50) Preservation--the act or process of applying measures necessary to sustain and protect the existing form, integrity and materials of a cultural resource. Preservation consists of maintenance and repair of materials, features or landforms of cultural resources, rather than extensive replacement and new construction. Also, the conservation of buildings, sites, structures and objects.
51. (51) Professional firm--A company or scientific institution that has professional personnel who meet the required qualifications for specific types of work. The company or institution holds equal responsibilities with a project architect or other professional personnel to complete requirements under an Antiquities Permit.

52. (52) Professional personnel--appropriately trained specialists required to perform adequate archeological and architectural investigations and project work. These personnel include the following:

    1. (A) Principal investigator. A professional archeologist with demonstrated competence in field archeology and laboratory analysis, as well as experience in administration, logistics, personnel deployment, report publication, and fiscal management. In addition to these criteria the principal investigator shall:

       1. (i) hold a graduate degree in anthropology/archeology, or closely related field such as geography, geology, or history, if their degree program also included formal training in archeological field methods, research, and site interpretation from an accredited institution of higher education; and/or be registered as a professional archeologist by the Register of Professional Archeologists (RPA); and/or have successfully completed investigations under an Antiquities Permit; and/or hold an active permit not in default, prior to the date that these rules become effective;
       2. (ii) have at least twelve months of full-time experience in a supervisory role involving complete responsibility for a major portion of a project of comparable complexity to that which is to be undertaken under permit;
       3. (iii) have demonstrated the ability to disseminate the results of an archeological investigation in published form conforming to current professional standards;
       4. (iv) remain on-site a minimum of 25% of the time required for the field investigation, and whose names must appear on the project report;
       5. (v) provide a field archeologist to supervise the field investigation in his or her absence; and
       6. (vi) testify concerning report findings in the interest of controversy or challenge.

    2. (B) Professional archeologist. One who has a degree in anthropology, archeology or a closely related field if that degree also included formal training in archeological field methods, research, and site interpretation, conducts archeological investigations as a vocation, and whose primary source of income is from archeological work. Qualifications for specialized types of professional archeologists are listed below.

       1. (i) Prehistoric archeologist. One who is a professional archeologist and, in addition, meets the following conditions:

          1. (I) has been trained in the field of prehistoric archeology;
          2. (II) has a minimum experience of two comprehensive archeological field seasons of three to six months in length on archeological site(s) that contain prehistoric (pre-16th century) archeological deposits; and
          3. (III) has published the results of those prehistoric archeological investigations in scholarly journals or publications.

       2. (ii) Historic archeologist. One who is a professional archeologist and, in addition, meets the following conditions:

          1. (I) has been trained in the field of historical archeology;
          2. (II) has a minimum experience of two comprehensive archeological field seasons of three to six months in length on archeological site(s) that contain historic (post-16th century) archeological deposits; and
          3. (III) has published the results of those historical archeological investigations in scholarly journals or publications.
       3. (iii) Underwater archeologist. One who is a professional archeologist and, in addition, is a competent diver with a minimum of two full seasons in underwater archeological testing or excavation projects. Training and experience sufficient for safe and proficient use of the specialized underwater remote sensing survey, excavation and mapping techniques, and equipment are required.
       4. (iv) Underwater archeological surveyor. One who has training and experience sufficient for safe and proficient supervision of appropriate remote sensing survey equipment operation, as well as for interpretation of survey data for anomalies and geomorphic features that may have some probability of association with submerged aboriginal sites and sunken vessels. This individual may represent the archeological interests on board the survey vessel in the absence of an underwater archeologist, as defined in subparagraph (B)(iii) of this definition.

    3. (C) Project architect. A professional who is a licensed architect and has had full-time experience in a supervisory role on at least one historic preservation project. The project architect must be involved, at a minimum, in 25% of the time required to develop plans and specifications and manage project work for an historic structures permit project and, when not involved with the project, must assign a qualified preservation specialist to supervise the preservation project.

       1. (i) A preservation specialist may serve in the place of the project architect if: all responsibilities of a project architect under this title will be fulfilled by the project preservation specialist; and all education and experience criteria for a preservation specialist are met.
       2. (ii) A project engineer may serve in the place of the project architect if: the scope of project work is limited to structural stabilization and repair; all responsibilities of a project architect under this title will be fulfilled by the project engineer; and all education and experience criteria for a project engineer are met.
       3. (iii) A landscape architect may serve in the place of the project architect if: the project scope is limited to landscape architecture; all responsibilities of a project architect under this title will be fulfilled by the project landscape architect; and all education and experience criteria for a project landscape architect are met.
       4. (iv) A project contractor may serve in the place of a project architect if: the project scope of work is limited to the demonstrated professional expertise of the contractor; all responsibilities of a project architect under this title will be fulfilled by the project contractor; and all the requirements for a project contractor are met.

    4. (D) Preservation specialist. One who has a professional degree in architecture or a state license to practice architecture, plus one of the following:

       1. (i) at least one year of graduate study in architectural preservation, American architectural history, preservation planning, or closely related field, or
       2. (ii) at least one year of full-time professional experience on historic preservation projects to include experience on projects similar to the project to be permitted; detailed investigations of historic structures; preparation of historic structures research reports; and preparation of plans and specifications for preservation projects.
    5. (E) Project contractor. A professional who has the appropriate training, certifications and/or licenses for the type of project work specified in the permit application and at least one year of demonstrable full-time experience in applying the methods and practices of the proposed work on historic preservation projects similar to the project to be permitted.
    6. (F) Project engineer. A professional who is a licensed engineer and has had full-time experience in a supervisory role on at least one historic preservation project similar to the project to be permitted.
    7. (G) Project landscape architect. A professional who is a licensed landscape architect and has had full-time experience in a supervisory role on at least one historic preservation project similar to the project to be permitted.

    8. (H) Historian. The minimum professional qualifications are a graduate degree in history or closely related field; or a bachelor's degree in history or a closely related field plus one of the following:

       1. (i) at least two years of full-time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historical organization or agency, museum, or other professional institution; or
       2. (ii) substantial contribution through research and publication to the body of scholarly knowledge in the field of history.
    9. (I) Geomorphologist or geoarcheologist. A person who holds a graduate degree in geology, geomorphology, archeology, or other closely related field, and has had sufficient training to adequately evaluate the sedimentology, stratigraphy, and pedology of deposits in the field and be competent to describe and analyze the deposits using standard terminology and methods. This person should also have general archeological experience in the area in which the investigations are to occur.
53. (53) Project--activity on a cultural resource including, but not limited to: investigation, survey, testing, excavation, restoration, demolition, scientific or educational study.
54. (54) Project sponsor--an individual, institution, public agency, or company paying costs of archeological investigation or other project work.
55. (55) Public agency or agencies--any state agency or political subdivision of the state.
56. (56) Public lands--non-federal, public lands that are owned or controlled by the State of Texas or any of its political subdivisions, including the tidelands, submerged land, and the bed of the sea within the jurisdiction of the State of Texas.
57. (57) Reconnaissance--a literature search and record review plus an on-the-ground surface examination of selected portions of an area adequate to assess the general nature of the resource probably present. This level of investigation is appropriate to preliminary planning decisions and will be of assistance in determining viable project alternatives. A reconnaissance can be used to help determine whether an Intensive Survey is warranted.
58. (58) Recorded archeological site--sites that are recorded, listed, or registered with an institution, agency, or university, such as the Texas Archeological Research Laboratory of the University of Texas at Austin.
59. (59) Register of professional archeologists--a voluntary national professional organization of archeologists which registers qualified archeologists.
60. (60) Rehabilitation--the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.
61. (61) Research design--a written theoretical approach and a plan for implementing fieldwork that also explains the goals and methods of the investigation. A research design is developed prior to the implementation of the field study and submitted with a completed Archeological Permit Application.
62. (62) Restoration--a treatment, defined in the Secretary of the Interior's Standards for the Treatment of Historic Properties, as the act or process of accurately depicting the form, features, and character of a property and its setting as it appeared at a particular period of time by means of the removal of features from later periods in its history and reconstruction of missing features from the restoration period.
63. (63) Rock art--all manner of carvings, scratchings, and paintings on rock which relate to human life and culture, including, but not limited to, Native American pictographs and petroglyphs, historical graffiti and inscriptions, and religious and genealogical records.
64. (64) Ruins--a historic or prehistoric site, composed of both archeological and structural remains, in which the structure is in a state of collapse or deterioration to the point that the original roof and/or flooring and/or walls are either missing, partially missing, collapsed, partially collapsed, or seriously damaged through natural forces or structural collapse. Ruins are considered archeological sites, and historic structures recently damaged or destroyed are not classified as ruins.
65. (65) Scope of work--a summary of the methodological techniques used to perform the archeological investigation or outline of other project work under permit.
66. (66) Significance--a trait attributable to sites, buildings, structures and objects of historical, architectural, and archeological value which are state archeological landmarks and eligible for official designation and protection under the Antiquities Code of Texas. Historical significance is the importance of a property to the history, architecture, archeology, engineering or culture of a community, state or the nation, and is a trait attributable to properties listed or determined eligible for listing in the National Register of Historic Places or for state landmark designation.
67. (67) Site--any place or location containing physical evidence of human activity. Examples of sites include: the location of prehistoric or historic occupations or activities, a group or district of buildings or structures that share a common historical context or period of significance, and designed landscapes such as parks and gardens.
68. (68) Sponsor--an agency, individual, institution, investigative firm or other professional firm, organization, corporation, subcontractor, and/or company paying the costs of archeological investigation or other project work, or that sponsors, funds or otherwise functions as a party under a permit.
69. (69) State agency--a department, commission, board, office, or other agency that is a part of state government and that is created by the constitution or a statute of this state. The term includes an institution of higher education as defined by the Texas Education Code, Section 61.003.
70. (70) State Archeological Landmark--any cultural resource located in, on, or under the surface of any land belonging to the State of Texas or to any county, city, or other political subdivision of the state, or a site officially designated as a landmark at an open public hearing before the commission.
71. (71) State associated collections--means the collections owned by the State and under the authority of the commission.
72. (72) State Historic Preservation Officer--the official within each state authorized by the state, at the request of the Secretary of the Interior, to act as liaison for purposes of implementing the National Historic Preservation Act. In Texas, the Executive Director of the commission is designated as the State Historic Preservation Officer.
73. (73) Structure--A structure is a work made up of interdependent and interrelated parts in a definite pattern of organization. The term "structure" is used to distinguish from buildings those functional constructions made usually for purposes other than creating human shelter. Constructed by man, it is often an engineering project. Examples of structures include bridges, power plants, water towers, silos, windmills, grain elevators, etc.
74. (74) Testing--applying current scientific or archeological techniques to investigate and evaluate one or more cultural resources. Testing must be accomplished in such a way as to recover archeological, historical and scientific data through detailed examination of a representative sample of the site or sites, or building conditions. Testing must result in the recovery of data, specimens, and samples relating to the total cultural content of the archeological site or sites, or in the least damage possible to the building. Results of testing are utilized in making significance determinations relative to the potential need for additional investigations or the preservation of the remaining portions of the archeological site, or in making decisions regarding appropriate restoration or other treatment of the cultural resource.

Source Note:The provisions of this §26.5 adopted to be effective August 28, 2002, 27 TexReg 7789.