The Texas Natural Resource Code of 1977, Title 9, Heritage, Chapter 191, Antiquities Code of Texas, §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. The Antiquities Code, §191.051 (concerning Powers and Duties In General) directs the committee to provide for the discovery and/or scientific investigation of publicly owned cultural resources. The Antiquities Code of Texas, §191.174 (concerning Assistance from State Agencies, Political Subdivisions, and Law Enforcement Officers), further directs the committee, 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 committee 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 survey level antiquities permit investigations in accordance with the Antiquities Code, §191.054 (concerning Permit for Survey and Discovery, Excavation, Restoration, Demolition, or Study and Supervision). These mandates and the review of construction plans may be accomplished in the following manner.

1. (1) Project notification. As provided for in §191.0525 of the Antiquities Code (concerning Notice Required), public agencies shall notify the committee before ground breaking on public land, and in advance of proposed public development projects that could take, alter, damage, destroy, salvage, or excavate archeological sites, designated historic district, or other cultural resources and/or landmarks on non-federal public land in Texas. The notification should contain a brief written scope of work and a copy of the appropriate topographical quadrangle map with clearly marked project boundaries.
2. (2) Project review. As provided for in §191.0525 of the Antiquities Code (concerning Notice Required), the committee will respond within 30 days, unless otherwise provided for within §191.0525, of receipt of the review request. The committee shall review submitted documentation and notify the public agency of the possible need for survey level investigations to locate cultural resources situated in the proposed development tract. If the committee does not respond within 30 days, the public agency may proceed without further notice to the committee. Expedited reviews (24 hours) will be accommodated on a case by case basis in emergency situations.
3. (3) Survey procedure. If a survey investigation is needed, a principal investigator should perform the investigations under an antiquities permit in accordance with §§26.17, 26.20, and 26.24 of this title (relating to Issuance of Permits, Archeological Permit Categories, and Reports Relating to Archeological Permits).
4. (4) Construction discovery. Contractors working on public lands who discover archeological sites or historic structures which may qualify for designation as a state archeological landmark according to the criteria listed in §§26.7-26.11 of this title (relating to Specific Criteria for Evaluating Historic Structures; Specific Criteria for Evaluating Archeological Sites; Guidelines for Recognizing Archeological Sites; Specific Criteria for Evaluating Caches and Collections; and Specific Criteria for Evaluating Shipwrecks as State Archeological Landmarks) shall report such discovery to the state agency or political subdivisions owning or controlling the property and to the Texas Antiquities Committee, P.O. Box 12276, Capitol Station, Austin, Texas 78711-2776. Upon notification, the committee staff may initiate designation proceedings if it determines the site to be a significant cultural or historical property or the committee 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 committee.

Source Note:The provisions of this §26.11 adopted to be effective June 24, 1988, 13 TexReg 2913; amended to be effective April 11, 1994, 19 TexReg 2193; transferred effective August 30, 1995, as published in the Texas Register October 17, 1995, 20 TexReg 8442; amended to be effective December 5, 1995, 20 TexReg 9687.