Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 16 - HISTORIC SITES › Section 16.13 - Management of Collections

Current through Reg. 49, No. 28; July 12, 2024
(a) Ownership.
				The Commission is responsible for the management of archeological, archival,
				architectural, historic furnishing, and fine arts collections associated with
				historic sites overseen by the Commission. The Commission is granted authority
				over these collections by this section and §
									RSA 29.7
				of this title (relating to State Associated Collections)
(b) Governance. Statutory and administrative
				authority over state-owned collections that are managed by the Commission is
				established in Texas Natural Resources Code §§
									RSA 191.051,
				RSA 191.058,
				RSA 191.091,
				RSA 191.092; Texas
				Government Code §§
									RSA 442.007,
				RSA 442.015,
				RSA 442.075,
				RSA 2175.909; and in
				Chapter 26 and 29 of the Texas Administrative Code. Operational and procedural
				requirements related to the care and management of state-owned collections
				overseen by the Commission are outlined in the Commission's Collections
				Management Policy (CMP).
(c)
				Deaccessioning. The Commission recognized the special responsibility associated
				with the receipt and maintenance of objects of cultural, historical, and
				scientific significance in the public trust. The decision to deaccession
				state-associated held-in-trust object and collections is the responsibility of
				the Commission and is governed by this section and §
									RSA 26.5
				of this title (relating to Antiquities Advisory Board).
(d) Final disposition of deaccessioned
				collections. Following confirmation that a collection object is not subject to
				any conditions established at the time of acquisition that may affect its
				disposition and that there is sufficient documentation to a sure clear title to
				the object, a deaccessioned collection object will be disposed of in accordance
				with this section. All efforts will be made to contact the original donor to
				provide notification of pending collections disposition. ln accordance with
				U.S. income tax policy, the Commission is not able to return deaccessioned
				object to their original donors or donors' estates.
(1) Transfer or exchange. A deaccessioned
				collection object may be offered for transfer or exchange to another public
				institution within the State of Texas. Any such transfer or exchange will occur
				only on the written understanding that the object must remain within the public
				domain for a period of ten years, Recipient institutions will incur all
				transportation costs, unless otherwise agreed, and are expected to provide
				appropriate preservation and/or exhibit facilities.
(A) Qualified institution. Recipient
				institutions must have an established collections policy. The collection
				object(s) being transferred should fall within the recipient institution's
				scope of collections and the objects should be candidates for exhibition or
				study within the institution.
(B)
				Object title. Title to deaccessioned objects will be transferred along with the
				deaccessioned collection(s) to the recipient institution. In the event that the
				recipient institution is unwilling or unable to appropriately maintain the
				transferred collection(s) for the requisite ten years, title will revert back
				to the Commission and the Commission will assume responsibility for managing
				the objects' final disposition.