1. (a) Processing. Investigators who receive permits shall be responsible for cleaning, conserving, cataloguing, packaging in archival materials, and arranging for the curation of all collections, specimens, samples, and records, and for the reporting of results of the investigation.
2. (b) Ownership. All specimens, artifacts, materials, and samples plus original field notes, maps, drawings, photographs, and standard state site survey forms, resulting from the investigations remain the property of the State of Texas. Certain exceptions left to the discretion of the commission are contained in the Texas Natural Resources Code, Section 191.052(b). The commission will determine the final disposition of all artifacts, specimens, materials, and data recovered by investigations on State Archeological Landmarks or potential landmarks, which remain the property of the State. Antiquities from State Archeological Landmarks are of inestimable historical and scientific value and should be preserved and utilized in such a way as to benefit all the citizens of Texas. It is the rule of the commission that such antiquities shall never be used for commercial exploitation. (see also 13 TAC, §29.5)

3. (c) Housing, conserving, and exhibiting antiquities from State Archeological Landmarks. (see also 13 TAC, §29.5)

   1. (1) After investigation of a State Archeological Landmark has culminated in the reporting of results, the antiquities will be permanently preserved in research collections at the curatorial facility approved by the commission. Prior to the expiration of a permit, proof that archeological collections and related field notes are housed in a curatorial facility is required. Failure to demonstrate proof before the permit expiration date may result in the principal investigator and co-principal investigator falling into default status. (see also 13 TAC, §29.5)
   2. (2) Institutions housing antiquities from State Archeological Landmarks will also be responsible for adequate security of the collections, continued conservation, periodic inventory, and for making the collections available to qualified institutions, individuals, or corporations for research purposes. (see also 13 TAC, §29.5)
   3. (3) Exhibits of materials recovered from State Archeological Landmarks will be made in such a way as to provide the maximum amount of historical, scientific, archeological, and educational information to all the citizens of Texas. First preference will be given to traveling exhibits following guidelines provided by the commission and originating at an adequate facility nearest to the point of recovery. Permanent exhibits of antiquities may be prepared by institutions maintaining such collections following guidelines provided by the commission. A variety of special, short-term exhibits may also be authorized by the commission. (see also 13 TAC, §29.5)
4. (d) Pursuant to Texas Natural Resources Code sec. 191.091-092, all antiquities found on land or under waters belonging to the State of Texas or any political subdivision of the State belong to the State of Texas. The commission is charged with the administration of the Antiquities Code and exercises the authority of the State in matters related to these held-in-trust collections.
5. (e) Decisions regarding the disposal, deaccession, or destructive analysis of held-in-trust collections are the legal responsibility of the commission. Acceptable circumstances for disposal, deaccessioning, or destructive analysis are provided by these rules. Exceptions may be considered by the commission. Under no circumstances will held-in-trust collections be disposed of, or deaccessioned through sale.

6. (f) Disposal. the commission's rules for disposal applies to objects and samples prior to accessioning that have been recovered from a site on public lands or under public waters under an Antiquities Permit issued by the commission.

   1. (1) Disposal of recovered objects or samples from a site on public lands or from public waters under an antiquities permit issued by the commission must be approved by the commission. Approval for anticipated disposal is by means of an approved research design at the time the Antiquities Permit is issued. The manner in which the object or sample is to be disposed must be included in the research design. Additional disposal not included in the approved research design must be approved by the commission prior to any disposal action.

   2. (2) The appropriate reasons for disposal include, but are not limited to, the following:

      1. (A) Objects that are highly redundant and without additional merit;
      2. (B) Objects that lack historical, cultural, or scientific value;
      3. (C) Objects that have decayed or decomposed beyond reasonable use and repair or that by their condition constitute a hazard to other objects in the collection.
      4. (D) Objects that may be subject to disposal as required by federal laws.
   3. (3) Items disposed of after recovery must be documented in the notes, and final report, with copies provided to the curatorial facility.
   4. (4) The commission relinquishes title for the State to any object or sample approved for disposal. The object or sample must be disposed of in a suitable manner.

Source Note:The provisions of this §26.27 adopted to be effective June 24, 1988, 13 TexReg 2913; amended to be effective March 1, 1994, 19 TexReg 1102; 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 February 9, 2000, 25 TexReg 719; amended to be effective June 14, 2001, 26 TexReg 4081; amended to be effective November 21, 2002, 27 TexReg 10721; amended to be effective February 21, 2007, 32 TexReg 620.