Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 29 - MANAGEMENT AND CARE OF ARTIFACTS AND COLLECTIONS › Section 29.6 - Certification of Curatorial Facilities for State-Associated Held-in-Trust Collections

Current through Reg. 49, No. 28; July 12, 2024
(a) Establishment
				of certification program.
(1) The Commission
				shall determine through the program established by this subchapter appropriate
				facilities to house state-associated held-in-trust collections generated or
				purchased by the Commission, generated through antiquities permits issued under
				the authority of the Commission as provided by the Texas Natural Resources
				Code, Chapter 191, donated to the Commission, or placed with the Commission
				through the order of a court.
(2)
				The certification process shall consider the management and care of all
				state-associated collections at the curatorial facility.
(3) The requirements of this subchapter
				related to the placement of state-associated collections in certified
				curatorial facilities shall apply to the following:
(A) All collections placed in curatorial
				facilities by the Commission after December 31, 2005; and,
(B) All collections generated under
				antiquities permits on public lands after December 31, 2005.
(4) Except as provided in
				paragraph (9) of this subsection, no collection or any component of a
				collection as described under the jurisdiction of this subchapter may be placed
				in a curatorial facility that is not certified through the process established
				by this section.
(5) This section
				does not apply to the placement of collections in curatorial facilities prior
				to the effective date of this requirement as specified in subsection (a)(3),
				above. It does apply to any subsequent transfer of collections or a component
				of a collection taking place after the effective date of this requirement as
				specified in subsection (a)(3)(A) - (B), above.
(6) This section does not apply to the loan
				of a collection or a component of a collection to a facility not certified by
				the Commission.
(7) Certification
				shall be effective for a period of ten years, after which time, the curatorial
				facility must apply for renewal . Renewal will be based upon a review of the
				standing of the facility in regards to disabling or deficiency factors assigned
				during the initial certification and the standards for certification in place
				at the time renewal is requested.
(8) The certification process shall be
				implemented upon the effective date of these rules, and the staff of the
				Commission shall develop procedures to begin the review of applicants at the
				earliest possible date. The requirement that all new collections shall be
				placed only in certified curatorial facilities shall be effective as specified
				in subsection (a)(3)(A) - (B), above.
(9) A curatorial facility that has submitted
				the application for certification provided by subsection (b)(1) of this section
				by the date provided in subsection (a)(3) of this section may continue to
				accept held-in-trust collections after that date so long as its application is
				pending and the application process has not been terminated or its application
				rejected by the commission.