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 commission are contained in the Texas Natural Resources Code, §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.

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 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.
   2. (2) By 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 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.

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

   1. (1) Request for access to collections must be made in writing to the curatorial facility holding the collections 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 commission.
   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 commission.
   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 commission.
   5. (5) The commission 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 commission as depositories for antiquities collections shall promulgate reasonable rules and regulations governing access to those collections in their custody.
5. (e) Pursuant to Texas Natural Resources Code §§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.
6. (f) 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.

7. (g) 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.

8. (h) Deaccession. The commission's rules for deaccession recognize the special responsibility associated with the receipt and maintenance of objects of cultural, historical, and scientific significance in the public trust. Although curatorial facilities become stewards of held-in-trust collections, title is retained by the commission for the State. Thus, the decision to deaccession held-in-trust objects or collections is the responsibility of the commission. The commission recognizes the need for periodic reevaluations and thoughtful selection necessary for the growth and proper care of collections. The practice of deaccessioning under well-defined guidelines provides this opportunity.

   1. (1) Deaccessioning may be through voluntary or involuntary means. The transfer, exchange, or deterioration beyond repair or stabilization or other voluntary removal from a collection in a curatorial facility is subject to the limitations of this rule.
   2. (2) Involuntary removal from collections occurs when objects, samples, or records are lost through theft, disappearance, or natural disaster. If the whereabouts of the object, sample, or record is unknown, it may be removed from the responsibility of the curatorial facility, but the commission will not relinquish title in case the object, sample, or record subsequently is returned.

9. (i) Accredited curatorial facilities. Authority to deal with deaccessioning of limited categories of objects and samples from held-in-trust collections is delegated to a curatorial facility approved by the commission to hold state held-in-trust collections through a contractual agreement between the curatorial facility and the commission. Annual reports will be submitted to the commission on these deaccessioning actions.

   1. (1) If the commission determines that a curatorial facility has acted in violation of the contractual agreement and this rule, the contractual agreement will be terminated. From that date forward, the commission will review and decide on all deaccession actions of that curatorial facility concerning held-in-trust objects and samples. A new contractual agreement may be executed at such time as the commission determines that the curatorial facility has come into compliance with this rule.
   2. (2) Curatorial facilities not yet approved by the commission to hold state held-in-trust collections shall submit written deaccession requests of objects and samples from held-in-trust collections to the commission.
   3. (3) Requests to deaccession a held-in-trust collection in its entirety must be submitted to the commission.

   4. (4) The reasons for deaccessioning all or part of held-in-trust collections include, but are not limited to, the following:

      1. (A) Objects lacking provenience that are not significant or useful for research, exhibit, or educational purposes in and of themselves;
      2. (B) Objects or collections that do not relate to the stated mission of the curatorial facility. Objects or collections that are relevant to the stated mission of the curatorial facility may not be deaccessioned on the grounds that they are not relevant to the research interests of current staff or faculty;
      3. (C) Objects that have decayed or decomposed beyond reasonable use or repair or that by their condition constitute a hazard in the collections;
      4. (D) Objects that have been noted as missing from a collection beyond the time of the next collections-wide inventory are determined irretrievable and subject to be deaccessioned as lost;
      5. (E) Objects suspected as stolen from the collections must be reported to the commission in writing immediately for notification to similar curatorial facilities, appropriate organizations, and law enforcement agencies. Objects suspected as stolen and not recovered after a period of three years or until the time of the next collections-wide inventory are determined irretrievable and subject to being deaccessioned as stolen;
      6. (F) Objects that have been stolen and for which an insurance claim has been paid to the curatorial facility.
      7. (G) Objects that may be subject to deaccessioning as required by federal laws.
      8. (H) Deaccession for reasons not listed above must be approved on a case-by-case basis by the commission.

10. (j) Title to Objects or Collections Deaccessioned. If deaccessioning is for the purpose of transfer or exchange, commission retains title for the State to the object or collection. A new held-in-trust agreement must be executed between the receiving curatorial facility and the THC.

    1. (1) If deaccessioning is due to theft or loss, the commission will retain title for the State to the object or collection in case it is ever recovered, but the curatorial facility will no longer be responsible for the object or collection.
    2. (2) If deaccessioning is due to deterioration or damage beyond repair or stabilization, the commission relinquishes title for the State to the object or collection and the object or collection must be discarded in a suitable manner.

11. (k) Destructive Analysis. The commission's rules for destructive analysis applies only to samples and objects from held-in-trust collections accessioned into the holdings of a curatorial facility. Destructive analysis of samples or objects prior to placement in a curatorial facility is covered by the research design approved for the Antiquities Permit. Authority to deal with destructive analysis requests of categories of objects and samples from held-in-trust collections is delegated to a curatorial facility approved by the commission to hold state held-in-trust collections through a contractual agreement between the curatorial facility and the commission. Annual reports will be submitted to the commission on these destructive analysis actions.

    1. (1) A written research proposal must be submitted to the curatorial facility stating research goals, specific samples or objects from a held-in-trust collection to be destroyed, and research credentials in order for the curatorial facility to establish whether the destructive analysis is warranted.
    2. (2) If the commission determines that a curatorial facility has acted in violation of the contractual agreement and this rule, the contractual agreement will be terminated. From that date forward, the commission will review and decide on all destructive analysis actions of that curatorial facility concerning held-in-trust objects and samples. A new contractual agreement may be executed at such time as the commission determines that the curatorial facility has come into compliance with these rules.
    3. (3) Curatorial facilities not yet approved by the commission to hold state held-in-trust collections shall submit destructive analysis requests of objects and samples from held-in-trust collections to the commission.
    4. (4) Conditions for approval of destructive analysis may include qualifications of the researcher, uniqueness of the project, scientific value of the knowledge sought to be gained, and the importance, size, and condition of the object or sample.
    5. (5) Objects and samples from held-in-trust collections approved for destructive analysis purposes are loaned to the institution where the researcher is affiliated. Objects and samples will not be loaned to individuals for destructive analysis.
    6. (6) If the curatorial facility denies a request for destructive analysis of a sample or object from a held-in-trust collection, appeal of the decision is through the commission.
    7. (7) Information gained from the analysis must be provided to the curatorial facility as a condition of all loans for destructive analysis purposes. After completion of destructive analysis, the researcher must return the information (usually in the form of a research report) in order for the loan to be closed. Two copies of any publications resulting from the analysis must be sent to the curatorial facility. If the object or sample is not completely destroyed by the destructive analysis, the remainder must be returned to the curatorial facility.
    8. (8) It is the responsibility of the curatorial facility to monitor materials on loan for destructive analysis, to assure their correct use, and to note the returned data in the records.
    9. (9) The commission does not relinquish title for the State to an object or sample that has undergone destructive analysis and the object or sample is not deaccessioned.

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.