13 Tex. Admin. Code § 24.17 - Criteria for Access to Restricted Information

(a) Qualified applicants meeting one or more of the following criteria may be granted access by the THSA Coordinator:

(1) Meet the Secretary of Interior's Professional Qualifications Standards ( 36 CFR Part 61 ) for Archeology.

(2) Meet the definition of professional archeologist, or principal investigator as defined by § 26.4 of this title (relating to Definitions).

(3) Be a current member of the Texas Archeological Stewardship Network.

(b) Applications from persons not meeting the criteria set forth in subsection (a) of this section must have a clear and legitimate scientific or legal interest in being granted access to RCRI. Their applications will be reviewed by the access committee, and access will be granted or denied by the committee as specified in § 24.19 of this title (relating to Restricted Information Application Submission and Review Procedures).

(c) If an applicant is denied access to RCRI, the applicant may appeal that decision before the commission at one of its regularly scheduled public meetings. Appeals must be submitted in writing to the commission at least 30 days prior to a scheduled meeting of the commission.

(d) Limitations on access to RCRI.

(1) Firms engaged in the business of cultural resource management for profit that do not have a qualified staff archeologist do not have a legitimate scientific or legal interest and may not be granted access to RCRI.

(2) Entities granted access to RCRI solely on the basis of ownership shall be granted access only to information on the sites they actually own, to the extent it is practical to limit such access. They shall not be granted statewide access to the restricted portion of the THSA.

(3) Technical support personnel working with and under the supervision of a currently authorized RCRI user who has a legitimate scientific or legal interest may be granted access.

(4) College students must submit a letter from a sponsoring professor, verifying their need to access the restricted data of the THSA together with the RCRI application form. If access is approved, students must work under the supervision of a currently-authorized RCRI user.

Notes

13 Tex. Admin. Code § 24.17

The provisions of this §24.17 adopted to be effective December 6, 1998, 23 TexReg 11920; amended to be effective November 28, 2012, 37 TexReg 9353; Amended by Texas Register, Volume 41, Number 33, August 12, 2016, TexReg 5996, eff. 8/16/2016; Amended by Texas Register, Volume 45, Number 29, July 17, 2020, TexReg 4966, eff. 7/20/2020