1. (a) Processing. Investigators who receive permits shall be responsible for cleaning, conserving, cataloguing, and preserving 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 committee are contained in the Texas Natural Resources Code of 1977, Title 9, Chapter 191, §191.052 (b). The committee 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 policy of the committee that such antiquities shall never be used for commercial exploitation.

3. (c) Housing, conserving, and exhibiting antiquities from State Archeological Landmarks.

   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 institution approved by the committee. 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.
   2. (2) No later than December 31, 2002, institutions that curate artifacts recovered under Antiquities Permit(s) must be accredited through the Council of Texas Archeologists Accreditation and Review Council accreditation program. 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.
   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 committee 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 committee. A variety of special, short-term exhibits may also be authorized by the committee.

4. (d) Access to antiquities for research purposes. Antiquities retained under direct supervision of the committee will be available under the following conditions:

   1. (1) Request for access to collections must be made in writing to the Texas Historical Commission, P.O. Box 12276, Capitol Station, Austin, Texas 78711-2276, indicating to which collection and what part of the collection access is desired; nature of research and special requirements during access; who will have access, when, and for how long; type of report which will result; and expected date of report.
   2. (2) Access will be granted during regular working hours to qualified institutions or individuals for research culminating in non-permit reporting. A copy of the report will be provided to the committee.
   3. (3) Data such as descriptions or photos when available will be provided to institutions or individuals on a limited basis for research culminating in nonprofit reporting. A copy of the report will be provided to the committee.
   4. (4) Access will be granted to corporations or individuals preparing articles or books to be published on a profit-making basis only if there will be no interference with conservation activities or regular research projects; photos are made and data collected in the facility housing the collection; arrangements for access are made in writing at least one month in advance; cost of photos and data and a reasonable charge of or supervision by responsible personnel are paid by the corporation or individual desiring access; planned article or publication does not encourage or condone treasure hunting activity on public lands, State Archeological Landmarks, or National Register sites, or other activities which damage, alter, or destroy cultural resources; proper credit for photos and data are indicated in the report; a copy of the report will be provided to the committee.
   5. (5) The committee may maintain a file of standard photographs and captions available for purchase by the public.
   6. (6) A written agreement containing the appropriate stipulations will be prepared and executed prior to the access.
   7. (7) Institutions, organizations, and agencies designated by the committee as depositories for antiquities collections shall promulgate reasonable rules and regulations governing access to those collections in their custody.

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.