1. (a) The committee has determined there is substantial evidence of the presence of state archeological landmarks in Texas' submerged lands in the state land tracts designated in subsections (b)-(d) of this section.

2. (b) Maps, charts, and other historic sources reflect x/y coordinates of pre-20th century shipwrecks in the following designated state land tracts in Texas' submerged lands, and a state archeological landmark is known to exist in these areas.

   1. (1) Offshore Gulf of Mexico:
      Attached Graphic
      
   2. (2) Laguna Madre: 751.

3. (c) Maps, charts, and other historic sources refer to pre-20th century shipwrecks in the following designated state land tracts in Texas' submerged lands, and a state archeological landmark is likely to exist in these areas:

   1. (1) Offshore Gulf of Mexico:
      Attached Graphic
      
   2. (2) Galveston Bay:
      Attached Graphic
      
   3. (3) Matagorda Bay:
      Attached Graphic
      
   4. (4) Aransas Bay: 306.
   5. (5) Palacios Bay:
      Attached Graphic
      
   6. (6) Laguna Madre:
      Attached Graphic
      
   7. (7) Turtle Bay: 40.
   8. (8) Corpus Christi Bay: 12.
   9. (9) Sabine Pass:
      Attached Graphic
      

4. (d) The following designated state land tracts in Texas' submerged lands are areas in which pre-20th century shipwrecks have been recorded by reference to geographic features, but without precise location. The committee designates these land tracts as areas in which there is a substantial probability of finding state archeological landmarks in Texas' submerged lands because of these records and the location of the tracts at passes and bay entrances which historically have been very active:

   1. (1) Offshore Gulf of Mexico:
      Attached Graphic
      
   2. (2) Galveston Bay:
      Attached Graphic
      
   3. (3) Matagorda Bay:
      Attached Graphic
      
   4. (4) East Matagorda Bay:
      Attached Graphic
      
   5. (5) Matagorda Bay (Powder Horn Bay):
      Attached Graphic
      
   6. (6) Palacios Bay:
      Attached Graphic
      
   7. (7) Aransas Bay:
      Attached Graphic
      
   8. (8) Baffin Bay:
      Attached Graphic
      
   9. (9) Buffalo Bayou:
      Attached Graphic
      
   10. (10) Copano Bay:
       Attached Graphic
       
   11. (11) Corpus Christi Bay:
       Attached Graphic
       
   12. (12) Laguna Madre:
       Attached Graphic
       
   13. (13) Lavaca Bay:
       Attached Graphic
       
   14. (14) West Bay:
       Attached Graphic
       
   15. (15) Tabbs Bay:
       Attached Graphic
       
5. (e) The committee possesses certain information related to state archeological landmarks in Texas' submerged lands. Any person may make a written request for the committee's shipwreck site information in any of the state land tracts in Texas' submerged lands designated in subsections (b)-(d) of this section. Provided the person agrees to maintain proper security on that data and agrees to not pass such data on to other persons, the committee will provide any and all information on file from that designated state land tract in Texas' submerged lands, including information on what kind of shipwreck is thought to exist in that area. The committee's shipwreck reference file will be available for review, on a tract-by-tract basis, at the Department of Antiquities Protection, Texas Historical Commission, 108 West 16th Street, Austin, during regular business hours.
6. (f) The state land tracts in Texas' submerged lands designated in subsections (b)-(d) of this section shall be updated by the committee at least annually as new data is acquired, and the committee shall take action to determine the site of and designate state archeological landmarks in Texas' submerged lands within a designated state land tract and remove from the designations certain state land tracts in which there has been a determination there is not a substantial probability of finding a state archeological landmark in Texas' submerged lands. Any such designations shall be given appropriate public notice and public comment thereon shall be invited and encouraged prior to any such designation becoming effective.
7. (g) No person shall be required to take any action to determine the possible existence of a state archeological landmark in any of Texas' submerged state land tracts other than those designated in subsections (b)-(d) of this section, unless the committee has determined the site of and designated a state archeological landmark in such other state land tracts. However, if during the conduct of activities in such other state land tracts a person discovers the existence of a state archeological landmark, the person shall promptly notify the committee of the existence of the state archeological landmark and shall conduct the activities in a manner which will avoid damage to the state archeological landmark.

Source Note:The provisions of this §28.4 adopted to be effective January 26, 1981, 6 TexReg 49; amended to be effective June 23, 1982, 7 TexReg 2196; amended to be effective March 26, 1991, 16 TexReg 1507; amended to be effective December 7, 1992, 17 TexReg 8233; transferred effective August 30, 1995, as published in the Texas Register October 17, 1995, 20 TexReg 8442.