13 Tex. Admin. Code § 29.3 - Scope

(a) Pursuant to Texas Natural Resources Code, § 191.091 and § 191.092, 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 state-associated collections. Under Texas Government Code, § 442.007 (e)(7), the Commission, through the authority of the State Archeologist, may preserve the historic and archeological heritage of the State.

(b) Pursuant to Texas Government Code, § 442.0145, the Commission has the authority to acquire historical documents, records, or historical artifacts for the State of Texas to ensure their protection and use by the people of Texas.

(c) State-associated collections generally are placed in curatorial facilities in Texas. The relationship between the Commission and the curatorial facility is an express trust. Ownership of these collections is not transferred but the Commission has the authority to transfer stewardship of the collections through a held-in-trust agreement with the designated curatorial facility.

(d) All state-associated collections held in curatorial facilities are subject to the statutory authority of the Commission, and these rules supercede the collections management policy of the curatorial facility to the extent of any conflict.

Notes

13 Tex. Admin. Code § 29.3

The provisions of this §29.3 adopted to be effective November 18, 2003, 28 TexReg 10203; Amended by Texas Register, Volume 40, Number 35, August 28, 2015, TexReg 5458, eff. 9/1/2015