The Texas Natural Resource Code of 1977, Title 9, Heritage, Chapter 191, Antiquities Code of Texas, Section 191.002 (concerning Declaration of Public Policy), declares that it is the public policy and in the interest of the State of Texas to locate archeological sites and other cultural resources, in, on, or under any land within the jurisdiction of the State of Texas. Section 191.051 of the Antiquities Code (concerning Powers and Duties In General) directs the commission to provide for the discovery and/or scientific investigation of publicly owned cultural resources. Section 191.174 of the Antiquities Code (concerning Assistance from State Agencies, Political Subdivisions, and Law Enforcement Officers), further directs the commission, state agencies, political subdivisions of the state, and law enforcement agencies to work together to locate and protect cultural resources when deemed prudent, necessary, and/or in the best interest of the state. To achieve these mandates, the commission reviews construction plans for projects on public lands prior to development to determine the project's potential impact to cultural resources, and invokes its power to issue and supervise Antiquities Permit investigations in accordance with Section 191.054 of the Antiquities Code (concerning Permit for Survey and Discovery, Excavation, Restoration, Demolition, or Study). These mandates and the review of construction plans that may adversely affect both archeological sites and historic structures are accomplished in the following manner.

1. (1) Project notification. As provided for in Sections 191.0525 and 191.054 of the Antiquities Code (concerning Notice Required and Permit for Survey and Discovery, Excavation, Restoration, Demolition, or Study), public agencies shall notify the commission before groundbreaking on public land or construction projects that could take, alter, damage, destroy, salvage, or excavate archeological sites, historic structures, designated historic districts, or other cultural resources or landmarks on non-federal public land in Texas. The notification must contain a brief written scope of work and a copy of the appropriate topographical quadrangle map with clearly marked project boundaries and photographs of the historic structure(s) involved in the project work.
2. (2) Project review. Once the commission receives a complete notification a response will be provided within 30 days (unless otherwise provided for within Section 191.0525) of receipt of the review request. The commission shall review submitted documentation and notify the public agency if historic structures involved in the work are landmarks eligible for designation and/or of the possible need for a survey to locate cultural resources situated in the proposed development tract. If the commission does not respond within 30 days, the public agency may proceed without further notice to the commission. Expedited reviews (24 hours) will be accommodated on a case-by-case basis in emergency situations.
3. (3) Project coordination. If a survey investigation or review of project work is required, appropriate professional personnel will perform the investigations or work under an Antiquities Permit in accordance with Sections 26.17-18, 26.20-22, and 26.24-25 of this title.
4. (4) Construction discovery. Anyone working on public lands who discovers archeological sites or historic structures which may qualify for designation as a State Archeological Landmark according to the criteria listed in Sections 26.7-26.10 of this title (relating to Criteria for Evaluating Historic Structures; Criteria for Evaluating Archeological Sites; Criteria for Evaluating Caches and Collections; and Criteria for Evaluating Shipwrecks) shall report such discovery to the state agency or political subdivisions owning or controlling the property and to the commission. Upon notification, the commission staff may initiate designation proceedings if it determines the site to be a significant cultural or historical property and/or the commission staff may issue a permit for mitigative archeological investigations or any other investigations. The cost of a proper investigation, excavation, or preservation of such a landmark or potential landmark will be borne by the owner or developer of the property rather than by the commission.

Source Note:The provisions of this §26.11 adopted to be effective August 28, 2002, 27 TexReg 7789.