reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 19 - TEXAS MAIN STREET PROGRAM › Section 19.5 - Assistance Provided

Current through Reg. 49, No. 28; July 12, 2024
(a) Training. Each
				new Texas Main Street City will receive at no charge basic training for its
				Main Street manager at the beginning of the program. All new Main Street boards
				will receive at no charge comprehensive board training at the beginning of
				their city's Main Street Program. Additional training and continuing education
				is available throughout a city's participation in the Texas Main Street
				Program. Provisional, probationary, and affiliate participants may receive
				training through the program subject to available Commission
				resources.
(b) Technical
				assistance. Each Texas Main Street City receives technical assistance and
				training in the Main Street Approach. Provisional, probationary, and affiliate
				participants receive technical assistance at the discretion of the program
				subject to available Commission resources.
(c) Main Street network. Each Texas Main
				Street City is eligible to access information and resources of the network.
				Provisional and affiliate participants are eligible for the Main Street
				network.
(d) Fees. Participants in
				the Texas Main Street Program will pay a fee for participation in the program.
				The amount of the fee is determined by the Commission. After a city's
				acceptance into the program, any subsequent fees based on population shall be
				based on the most recent decennial census. The Commission may waive the fee for
				a Texas Main Street Small City in their first three years of participation.
(1) A Texas Main Street Small City shall pay
				an annual fee of $535.
(2) A Texas
				Main Street Urban City shall pay an annual fee of $3,500 for each of its first
				five years of participation.
(3) A
				Texas Main Street Urban City shall pay an annual fee of $2,600 after its first
				five years of participation.
(4) A
				Texas Main Street Provisional City shall pay the annual fee of a Texas Main
				Street Small City or Texas Main Street Urban City that corresponds to the
				provisional city's population at the most recent decennial census. A
				provisional city with a population equivalent to a Texas Main Street Urban City
				shall be subject to the fee specified in paragraph (2) of this subsection
				during their first five years of designation. Years accrued as a provisional
				city shall count towards the first five years in regards to the annual
				fee.
(5) A Texas Main Street Small
				City reclassified per subsection (f) of this section shall pay an annual fee of
				$700 in the first year after reclassification; $1,600 in year two; and $2,600
				in year three and thereafter.
(6) A
				$500 Training Fee may be assessed to any participating city, with the exception
				of newly designated cities in their first year, that employs a new local
				manager without significant Main Street knowledge and experience.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 20 - AWARDS › Section 20.1 - Establishment of Awards

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission
				may establish and present such awards and prizes as it determines to be
				appropriate within its statutory authority.
(b) The conditions of eligibility, procedures
				for consideration, and criteria for judging such awards shall be determined by
				the commission and made available to members of the public who may be
				interested in nominating individuals or organizations for such
				awards.
(c) Awards shall be made
				without regard to the race, religion, ethnicity, gender, political affiliation,
				or national origin of the nominee.
(d) The commission may accept donations,
				grants, fees, or appropriated funds to support awards as provided in this
				chapter.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 20 - AWARDS › Section 20.2 - Texas Treasure Business Award

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Purpose. The commission is authorized to honor businesses that have existed in
				this state providing employment and supporting the Texas economy for 50 years
				or more with the Texas Treasure Business Award.
(b) Definitions. The following words and
				terms shall have the following meanings unless the context clearly indicates
				otherwise.
(1) Award--Texas Treasure Business
				Award. A recipient of the award as determined by the commission is a Texas
				Treasure Historic Business.
(2)
				Continuous operation--A business that has continued in operation without
				substantial interruption.
(3)
				Commission--The Texas Historical Commission and its staff.
(4) Independent business--A business that is
				not a unit of an affiliated business entity, chain, or franchise. An
				independent business may be local, statewide, national, or multinational in
				scale.
(5) Texas business--A
				business that has its corporate offices in Texas or is majority-owned by
				residents of Texas and operated in Texas.
(6) Very similar type of business--Businesses
				with closely related products or services, including those that evolved with
				technology or the passage of time.
(7) Continuously owned by the same
				family--Business ownership that has passed through family members related by
				blood, marriage, or adoption.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 21 - HISTORY PROGRAMS › Subchapter A - INTRODUCTION › Section 21.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
When used in this chapter, the following words or terms
					 have the following meanings unless the context indicates otherwise:
(1) Marker. Markers are informational
				  aluminum signs erected by or with the permission of the Texas Historical
				  Commission.
(2) Medallion.
				  Medallions are markers displaying a symbol or statement used to identify a
				  property designated by the Texas Historical Commission as a Recorded Texas
				  Historic Landmark, as a State Antiquities Landmark or as a Historic Texas
				  Cemetery, without additional text.
(3) Monument. Monuments are objects or
				  structures installed to commemorate or designate the importance of an event,
				  person, or place, which may or may not be located at the sites they
				  commemorate. Aluminum markers erected by the Texas Historical Commission are
				  not included in this definition.
(4) Plaque. Plaques are markers displaying
				  only the name of a cemetery designated as a Historic Texas Cemetery and the
				  date of its establishment.
(5)
				  Official Texas Historical Marker. Official Texas Historical Markers are those
				  markers, medallions, monuments and plaques the Texas Historical Commission
				  awards, approves or administers. They include centennial monuments the State of
				  Texas awarded in the 1930s; Civil War Centennial monuments from the 1960s;
				  medallions, plaques and markers the commission's predecessor, the Texas State
				  Historical Survey Committee, awarded beginning in 1953; and any markers,
				  medallions, monuments and plaques installed by the Texas Historical Commission
				  beginning in 1973.
(6) Historical
				  marker application. Historical marker application means a current version of
				  the commission's Official Texas Historical Marker Application Form and all
				  required supporting documentation as required in these rules, program
				  guidelines, criteria and procedures adopted by the commission.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 21 - HISTORY PROGRAMS › Subchapter B - OFFICIAL TEXAS HISTORICAL MARKER PROGRAM › Section 21.6 - Recorded Texas Historic Landmark Designation

Current through Reg. 49, No. 28; July 12, 2024
(a) Buildings, structures, and objects as
				  defined in Chapter 26 of this title (relating to Practice and Procedure) may be
				  designated as Recorded Texas Historic Landmarks (hereafter referred to as
				  "RTHL"), provided the following conditions are met:
(1) The property is associated with events
				  that have made a significant contribution to the broad patterns of our history
				  or that are associated with the lives of persons significant in our past;
(2) The property embodies the
				  distinctive characteristics of a type, period, or method of construction,
				  represents the work of a master, possesses high artistic values, or represents
				  a significant and distinguishable entity whose components may lack individual
				  distinction;
(3) The property
				  retains integrity at the time of the nomination, as determined by the executive
				  director of the commission;
(4)
				  The property, including the buildings, structures, and objects subject to the
				  designation per subsection (b) of this section, is at least 50 years of age;
				  and
(5) The owner(s) of the
				  property at the time of nomination consents to this designation, which runs
				  with the land and remains in effect under all future owners.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 21 - HISTORY PROGRAMS › Subchapter B - OFFICIAL TEXAS HISTORICAL MARKER PROGRAM › Section 21.7 - Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Any individual,
				  group or county historical commission may apply to the commission for an
				  Official Texas Historical Marker. The application shall include:
(1) a completed current Official Texas
				  Historical Marker application form;
(2) supporting documentation as provided in
				  program guidelines, criteria and procedures adopted by the commission;
				  and
(3) an application fee in the
				  amount of $100.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 21 - HISTORY PROGRAMS › Subchapter B - OFFICIAL TEXAS HISTORICAL MARKER PROGRAM › Section 21.10 - Ownership of Official Texas Historical Markers

Current through Reg. 49, No. 28; July 12, 2024
All Official Texas Historical Markers are the property of
					 the State of Texas and may be recalled by the commission.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 21 - HISTORY PROGRAMS › Subchapter B - OFFICIAL TEXAS HISTORICAL MARKER PROGRAM › Section 21.11 - Review of Work on Recorded Texas Historic Landmarks

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following words and
				  terms, when used in this section, shall have the following meanings, unless
				  context clearly indicates otherwise.
(1)
				  Damage--To alter, in whole or in part. Damage to historical or architectural
				  integrity includes alterations of structural elements, decorative details,
				  fixtures, and other material; construction of additions; relocation; or
				  demolition.
(2)
				  Integrity--Integrity refers to the physical condition and therefore the
				  capacity of the resource to convey a sense of time and place. Integrity is the
				  authenticity of a property's historic identity, evidenced by the survival of
				  physical characteristics that existed during the property's historic or
				  prehistoric period, including the property's location, design, setting,
				  materials, workmanship, feeling, and association. In terms of architectural
				  design, to have integrity means that a building still possesses much of its
				  mass, scale, decoration, and so on, of either the period in which it was
				  conceived and built, or the period in which it was adapted to a later style
				  which has validity in its own rights as an expression of historical character
				  or development. The question of whether or not a building possesses integrity
				  is a question of the building's retention of sufficient fabric to be
				  identifiable as a historic resource. For a building to possess integrity, its
				  principal features must be sufficiently intact for its historic identity to be
				  apparent. A building that is significant because of its historic association(s)
				  must retain sufficient physical integrity to convey such
				  association(s).
(3) Normal
				  maintenance and repair--Work that does not have the potential to cause removal,
				  damage or alteration to the integrity, form, or appearance of the materials,
				  features, or landform of the historic building or structure and its site, is
				  considered to be normal maintenance and repair. Cleaning surfaces with
				  non-corrosive mild solutions and low-pressure water, repainting window frames
				  or doorways with similar paints, or minor repairs such as replacing putty on
				  windows are examples of normal maintenance and repair. Other work, however, may
				  not constitute normal maintenance and repair. For example, permanent masonry
				  damage can result from use of inappropriate cleaning methods, such as
				  sandblasting, high pressure water cleaning, or the use of unsuitable chemicals,
				  or from use of damaging repointing techniques and materials. Replacing historic
				  windows damages the historical integrity of a building, and painting previously
				  unpainted surfaces constitutes alteration. Such work is not considered normal
				  maintenance or repair.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 21 - HISTORY PROGRAMS › Subchapter B - OFFICIAL TEXAS HISTORICAL MARKER PROGRAM › Section 21.12 - Marker Text Requests

Current through Reg. 49, No. 28; July 12, 2024
(a) A request for a review of the text of any Official Texas Historical Marker (OTHM) that is the property of the State of Texas and which falls under the jurisdiction of the Texas Historical Commission ("Commission") may be submitted to dispute the factual accuracy of the OTHM based on verifiable, historical evidence that the marker:
(1) includes the name of an individual or organization that is not spelled correctly;
(2) includes a date that is not historically accurate;
(3) includes a statement that is not historically accurate; or
(4) has been installed at the wrong location.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 21 - HISTORY PROGRAMS › Subchapter B - OFFICIAL TEXAS HISTORICAL MARKER PROGRAM › Section 21.13 - Removal of Markers and Monuments

Current through Reg. 49, No. 28; July 12, 2024
(a) Any individual,
				  group, or county historical commission (CHC) may request removal of an Official
				  Texas Historical Marker ("marker"), as defined in §
										21.3 of this title (relating to
				  Definitions), or a monument ("monument") within the Commission's jurisdiction,
				  as defined in §
										26.3 of this title (relating to
				  Definitions). Staff of the Commission may also propose removal of a Recorded
				  Texas Historic Landmark (hereafter referred to as "RTHL") marker if such a
				  property no longer meets the criteria for designation established in §
										21.6 of this title (relating to
				  Recorded Texas Historic Landmark Designation).
(b) With the exception of monuments that are
				  State Antiquities Landmarks or included within the boundaries of State
				  Antiquities Landmarks, which shall follow procedures as described in
				  §191.097 and 191.098 of title 9 of the Natural Resources Code as well as
				  applicable rules adopted thereunder, requests for removal of a historical
				  marker or monument shall include:
(1) the name
				  and contact information for the requesting individual, group, or CHC;
(2) the name and location of the marker or
				  monument for which removal is requested;
(3) justification for removal of the marker
				  or monument;
(4) narrative history
				  and photographs of the marker or monument;
(5) written owner consent for removal from
				  the landowner for sites not located on state land;
(6) a plan explaining how the marker or
				  monument will be removed in such a way as to protect its condition and be
				  delivered to a location approved by the Commission; and
(7) For RTHLs only, notification of any
				  proposed work sufficient to meet the requirements of §
											21.11 of this title (relating to
				  Review of Work on Recorded Texas Historic Landmarks).
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 21 - HISTORY PROGRAMS › Subchapter D - MUSEUM SERVICES PROGRAM › Section 21.15 - Museum Services

Current through Reg. 49, No. 28; July 12, 2024
(a) All policies
				  and procedures relating to museum services shall be determined by the
				  Commission.
(b) The Commission may
				  establish a grant program to assist small history museums in the State of
				  Texas.
(1) The conditions of eligibility,
				  procedures for consideration, and criteria for evaluating applications for such
				  grants shall be determined by the Commission and made available to members of
				  the public.
(2) Decisions on the
				  grants shall be made by vote of the Commission in a duly posted open
				  meeting.
(3) Grants shall be made
				  without regard to the race, religion, ethnicity, gender, political affiliation,
				  or national origin of the applicant.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 21 - HISTORY PROGRAMS › Subchapter E - TEXAS HISTORIC ROADS AND HIGHWAYS PROGRAM › Section 21.31 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms shall have the given meanings
					 when used in this subchapter unless the context clearly requires
					 otherwise:
(1) "Commission" means the
				  Texas Historical Commission.
(2)
				  "Department" means the Texas Department of Transportation.
(3) "Historic Highway" means the following
				  officially designated highways within the State of Texas as shown on the Rand
				  McNally Official 1923 Auto Trails Map, Districts 12 and 18, or any other
				  highway so designated by the Texas State Legislature:
(A) Bankhead Highway (Texarkana-Dallas-Fort
				  Worth & El Paso)
(B) Meridian
				  Highway, Mineral Wells Branch Meridian Highway
(C) Southern National Trail (Old Spanish
				  Trail)
(D) Del Rio-Canadian
				  Highway
(E) North Texas
				  Highway
(F) King of
				  Trails
(G) Central Texas
				  Highway
(H) East Texas
				  Highway
(I) Puget Sound to Gulf
				  Highway
(J) Fort Worth-Brady-Fort
				  Stockton Highway
(K) Jefferson
				  Highway
(L) Jefferson Davis
				  Memorial Highway
(M) Ozark
				  Trail
(N) Henry Exall Memorial
				  Highway, Eastern Loop Henry Exall Highway, "X"All Highway
(O) Texas-Louisiana Highway
(P) Pecos Valley Highway
(Q) Albany-Bronco Highway
(R) Paris-Houston Highway, Red River to Gulf
				  Highway
(S) Austin to Houston
				  Highway
(T) Gonzales to San
				  Augustine Highway
(U) Wichita Falls
				  and Comanche Highway
(V) Southwest
				  Trail of Texas
(W)
				  Denton-Whitesboro Highway
(X)
				  Tyler-Henderson-Nacogdoches Highway
(Y) Fort Worth-Farwell-Frisco
				  Highway
(Z) Middlebuster
				  Highway
(AA) Wichita Valley
				  Highway
(BB) Waco-Corsicana
				  Highway
(CC) Ben Milam
				  Highway
(DD) Jim Hogg
				  Highway
(EE) Throckmorton
				  Highway
(FF) Hobby
				  Highway
(GG) Charles Schreiner
				  Highway
(HH) Culberson
				  Highway
(II) SAP Route
(JJ) East and West Texas Highway
(KK) Mississippi River Scenic
				  Highway
(LL) Postal
				  Highway
(MM) Star Highway
(NN) Denison-Whitesboro-Fort
				  Worth-Gulf
(OO) Abo Pass
				  Highway
(PP) Texas, Oklahoma,
				  Kansas Route
(QQ) San Antonio-Del
				  Rio
(RR) Lone Star Trail (Beaumont
				  to Brownsville)
(SS)
				  Kansas-Oklahoma, Texas and Gulf Highway
(TT) Gulf to Panhandle Highway
(UU) Dallas-Canadian-Denver Highway
(VV) Lee Highway
(WW) Lone Star Trail (Timpson to El
				  Paso)
(XX) Colorado to Gulf
				  Highway
(YY) Dixie Overland
				  Highway
(ZZ) Coast to Coast
				  Route
(AAA) Southwest
				  Trails
(BBB) Air Line
(CCC) Mineral Wells Trail
(DDD) Atlantic-Pacific Highway
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 21 - HISTORY PROGRAMS › Subchapter E - TEXAS HISTORIC ROADS AND HIGHWAYS PROGRAM › Section 21.32 - Historic Roads and Highways Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Commission and the Department may enter into a memorandum of understanding
				  to establish a program for the identification, designation, interpretation, and
				  marketing of Texas historic roads and highways.
(b) The designation of a road or highway
				  under a program established under this section is not, and may not be
				  considered to be, a designation under the National Historic Preservation Act (
				  54 U.S.C.
				  §300101, et seq.).
(c) To supplement revenue available for the
				  program, the Commission and the Department may pursue federal funds dedicated
				  to highway enhancement for the program or seek private donations of funds,
				  services, or in-kind contributions or local government participation.
(d) The Department is not required to
				  construct or erect a marker under this section unless a grant or donation of
				  funds is made to cover the cost of the design, construction, and erection of
				  the marker.
(e) Money received to
				  cover the cost of a marker under this subsection shall be deposited to the
				  credit of the state highway fund.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 22 - CEMETERIES › Section 22.2 - Authority of Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) The authority
				of the Commission and this chapter apply only to non-perpetual care cemeteries.
				Its authority includes previously unknown cemeteries, abandoned cemeteries, and
				unverified cemeteries, and all other graves not located in a perpetual care
				cemetery.
(b) For information
				concerning perpetual care cemeteries, members of the public should contact the
				Texas Finance Commission or the Texas Funeral Services Commission.
(c) For information concerning city or county
				cemeteries, members of the public should contact the appropriate city or county
				government.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 22 - CEMETERIES › Section 22.3 - Abatement of Cemetery as Nuisance

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				the Commission receives notice of legal action under Health and Safety Code
				§
									RSA 711.007
				to abate a cemetery as a nuisance, the Commission will commence an
				investigation to determine whether it should request the Attorney General of
				Texas to intervene on the Commission's behalf in the legal action.
(b) In its investigation, the Commission will
				attempt to determine:
(1) whether the
				cemetery contains marked, unmarked, and/or unverified graves that are more than
				50 years old;
(2) whether the
				cemetery has historical significance to the local area or the State;
(3) whether repair and restoration of the
				cemetery is physically possible;
(4) whether the cost of repair and
				restoration of the cemetery is unreasonable;
(5) whether there is a cemetery organization
				or other party financially responsible for the repair and restoration of the
				cemetery;
(6) whether the cemetery
				is used or maintained in violation of Health and Safety Code Chapter 711 or
				712;
(7) whether the cemetery is
				neglected so that it is offensive to the inhabitants of the surrounding
				section; and
(8) the impact to
				affected parties of the removal of the graves to a perpetual care cemetery and
				abatement of the cemetery.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 22 - CEMETERIES › Section 22.4 - Unknown, Abandoned, and Unverified Cemeteries

Current through Reg. 49, No. 28; July 12, 2024
(a) Discovery of Unknown or Abandoned
				Cemeteries. §
									RSA 711.010 of the
				Health and Safety Code requires that a person who discovers an unknown or
				abandoned cemetery shall file notice of the discovery of the cemetery with the
				county clerk of the county in which the cemetery is located and concurrently
				mail notice to the landowner on record in the county appraisal district not
				later than the 10th day after the date of the discovery. The notice must
				contain a legal description of the land on which the unknown or abandoned
				cemetery was found and describe the approximate location of the cemetery and
				the evidence of the cemetery that was discovered.
(1) The Commission may provide assistance to
				any party required to file this notice.
(2) The Notice of Existence of Cemetery form
				available on the Commission's website may be used to file this
				notice.
(3) The county clerk must
				provide a copy of the notice to the Commission within 15 days after the filing
				of the notice with the clerk, by mailing it to the following address: Cemetery
				Preservation Coordinator, Texas Historical Commission, P.O. Box 12276, Austin,
				Texas 78711-2276.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 22 - CEMETERIES › Section 22.5 - Removal of Remains from an Abandoned or Unknown Cemetery

Current through Reg. 49, No. 28; July 12, 2024
(a)
									§
									RSA 711.010
				of the Health and Safety Code requires that, on petition of the owner of the
				property, a district court of the county in which an unknown cemetery is
				discovered or an abandoned cemetery is located may order the removal of any
				dedication for cemetery purposes that affects the property if the court finds
				that the removal of the dedication is in the public interest. If a court orders
				the removal of a dedication of a cemetery and all human remains in that
				cemetery have not previously been removed, the court shall order the removal of
				the human remains from the cemetery to a perpetual care cemetery or a municipal
				or county cemetery.
(b) Commission
				role in removal of remains.
(1) The
				Commission may consider alternatives to the removal of human remains such as
				preservation of the remains in place and recommend to the State Registrar that
				a disinterment permit not be issued.
(2) The Commission shall ensure that a
				reasonable effort has been made to identify the remains and that the next of
				kin is notified if the name of the decedent is determined.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 23 - PUBLICATIONS › Section 23.2 - Copyright

Current through Reg. 49, No. 28; July 12, 2024
Publications copyrighted by the Texas Historical Commission
				  can be reprinted or copied only if a written request is submitted to and
				  approved by the executive director of the agency. Request will be granted only
				  when the purpose of the reproduction is consistent with good principles of
				  preservation and serves the public interest. Agency publications that are not
				  copyrighted may be reprinted without special permission, provided proper credit
				  is given.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 24 - RESTRICTED CULTURAL RESOURCE INFORMATION › Section 24.1 - Object

Current through Reg. 49, No. 28; July 12, 2024
The Texas Historical Commission, hereafter referred to as the
				  commission, is specifically empowered to adopt reasonable rules and regulations
				  concerning access to Restricted Cultural Resource Information (RCRI) contained
				  within the Texas Historic Sites Atlas (THSA) database, and the libraries,
				  documents, maps, and files of the commission. Implementation of registration
				  procedures for public access to and use of this restricted information is the
				  objective of this chapter.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 24 - RESTRICTED CULTURAL RESOURCE INFORMATION › Section 24.3 - Scope

Current through Reg. 49, No. 28; July 12, 2024
The intent of these rules is to restrict access to specific
				  cultural resource data to those individuals that have a legitimate scientific
				  or legal interest in obtaining and using that information. The intent is not to
				  limit the public's use of all information that the commission has within its
				  libraries, files, documents, and the THSA database; however, as provided for in
				  §
									RSA 442.007<subdiv>(f)</subdiv>
				  of the Texas Government Code, and §191.004(a-c) of the Texas Natural
				  Resources Code, the commission can determine what cultural resource information
				  is sensitive and what information needs to be restricted due to potential
				  dangers to those resources. The cultural resources that the commission
				  considers to be at risk include archeological sites, shipwrecks, certain
				  historic structures and engineering features. Public disclosure of any
				  information relating to the location or character of these resources would
				  increase their risk of harm, theft or destruction. Therefore, this information
				  is defined as restricted and is not subject to public disclosure under state
				  law. Restrictions on who can obtain data and how the data are used is within
				  the legal authority of the commission, and can be defined through the
				  rule-making authority of the commission.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 24 - RESTRICTED CULTURAL RESOURCE INFORMATION › Section 24.5 - Compliance with Rules

Current through Reg. 49, No. 28; July 12, 2024
If a registered user of RCRI fails to comply with any of the
				  rules of the commission, or any of the terms of an RCRI Access Agreement, or
				  fails to properly conduct database searches, or fails to act in the best
				  interest of the state, the commission may immediately revoke the user's access
				  and notify the user of such cancellation by electronic communication or by
				  certified mail to the last address furnished to the commission by the user.
				  Upon cancellation of access, the user forfeits all rights to the restricted
				  data. Access that has been canceled could be reinstated through the process of
				  re-application as provided for in the application process defined in §
									RSA 24.19
				  of this title (relating to Restricted Information Application Submission and
				  Review Procedures).
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 24 - RESTRICTED CULTURAL RESOURCE INFORMATION › Section 24.9 - The Texas Historic Sites Atlas

Current through Reg. 49, No. 28; July 12, 2024
The THSA is a database of cultural resource information
				  administered by the commission. This database is accessible to the public via
				  Internet. The THSA contains information on archeological sites, cemeteries,
				  shipwrecks, historic structures, engineering features, and industrial sites, as
				  well as digital maps of these site locations.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 24 - RESTRICTED CULTURAL RESOURCE INFORMATION › Section 24.11 - Public Information

Current through Reg. 49, No. 28; July 12, 2024
As specified under the Texas Open Records Act, all
				  information collected and maintained by the commission that is not specifically
				  exempted from release by either a specific exception to the act (Texas
				  Government Code VTCA §552.101), or by previous statute, constitutional
				  amendment, or rule, is considered public. The vast majority of the data held by
				  the commission is open to the public and is accessible through the commission's
				  libraries, files, and the THSA web site without open records
				  requests.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 24 - RESTRICTED CULTURAL RESOURCE INFORMATION › Section 24.13 - Restricted Information

Current through Reg. 49, No. 28; July 12, 2024
The following categories of information are Restricted
				  Cultural Resource Information (RCRI).
(1) All archeological survey site location
				and site record information that contains location descriptions, coordinate
				data, or spatial imagery that would allow an individual to determine the
				location of an archeological site.
(2) The address or site location of historic
				structures or other non-archeological cultural resources nominated for or
				listed in the National Register of Historic Places or registered as State
				Archeological Landmarks, if the owner of the property has specifically
				requested that such information not be distributed to the general
				public.
(3) The site location of
				cemeteries determined by the commission to be at risk of harm.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 24 - RESTRICTED CULTURAL RESOURCE INFORMATION › Section 24.15 - Access to Both Public and Restricted Cultural Resource Information

Current through Reg. 49, No. 28; July 12, 2024
All persons desiring to view or use RCRI compiled and
				  maintained by the commission, in its libraries, files, and maps, or within the
				  THSA database must be approved through the commission's application process as
				  defined in §
									RSA 24.17
				  and §
									RSA 24.19
				  of this title (relating to Restricted Information Access Criteria and
				  Application Submission and Review Procedures), and agree to abide by the rules
				  of usage established by an RCRI Access Agreement. No access agreement document
				  is needed for persons wishing to access public information in the THSA database
				  or the libraries or files of the commission if restricted information is not
				  contained within those materials. Persons wishing to view or use the RCRI data
				  must submit an application on a form supplied by the commission, and agree to
				  the terms of the RCRI access agreement approved for RCRI access. RCRI access is
				  granted for up to a 4-year period and is renewable.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 24 - RESTRICTED CULTURAL RESOURCE INFORMATION › Section 24.17 - Criteria for Access to Restricted Information

Current through Reg. 49, No. 28; July 12, 2024
(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 §
										RSA 26.4
				of this title (relating to Definitions).
(3) Be a current member of the Texas
				Archeological Stewardship Network.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 24 - RESTRICTED CULTURAL RESOURCE INFORMATION › Section 24.21 - Memoranda of Understanding and/or Agreement for RCRI Access

Current through Reg. 49, No. 28; July 12, 2024
The commission may enter into memoranda of understanding or
				  agreement with state or federal agencies, political subdivisions of the state,
				  private institutions, and/or individuals for the purpose of establishing RCRI
				  access arrangements.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 24 - RESTRICTED CULTURAL RESOURCE INFORMATION › Section 24.23 - Access Committee Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Access
				committee. The affirmative vote of a simple majority of the committee members
				is necessary for any action to be taken. No absence in the membership of the
				access committee shall impair the ability of the committee to exercise all
				rights and perform all duties.
(b)
				Committee meeting schedule. Meetings of the committee are held at the call of
				the THSA Coordinator, or whenever requested by one of the members. The
				committee may deliberate over applications by e-mail or other appropriate
				communications media.
(c) Conflict
				of interest provision for committee members. Any committee member who has, will
				have, or later acquires an interest, direct or indirect, in any transaction
				involving an application scheduled to be reviewed by the committee, or approved
				by the committee, shall immediately disclose the nature and extent of such
				interest in writing to the THSA Coordinator as soon as he or she has knowledge
				of such actual or prospective interest. Upon such disclosure, this member shall
				not participate in any deliberations or actions by the committee that directly
				or indirectly affects that transaction or interest.
(d) In the event of a tie vote, the THSA
				Coordinator will cast the deciding vote.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 25 - STATE ARCHEOLOGICAL PROGRAM › Section 25.2 - Determination of Significance

Current through Reg. 49, No. 28; July 12, 2024
A determination of significance is used by the Archeology
				  Division to help decide which archeological sites are most worthy of recording,
				  investigation, preservation, and other treatment. Considered in a determination
				  of significance are the following:
(1)
				listing in the National Register of Historic Places;
(2) designation as a state antiquities
				landmark;
(3) qualification, as
				determined by the commission, as an eligible property under the criteria for
				inclusion in the National Register of Historic Places or for designation as a
				state antiquities landmark;
(4)
				marking by an official Texas historical marker of any type, including
				centennial markers;
(5)
				determination by the state archeologist or the commission that the site or
				resource is capable of yielding information important to the understanding of
				history; and
(6) an age of at least
				50 years, unless younger and determined by the state archeologist or the
				commission to be of transcendent historical or cultural importance.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 25 - STATE ARCHEOLOGICAL PROGRAM › Section 25.3 - Site Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) Decisions.
				The choice to investigate a site or other historic resource is made by the
				state archeologist in consideration of the following:
(1) the nature and immediacy of any threat to
				the site or resource; and
(2) the
				site's significance as defined in §
										RSA 25.2
				of this title (relating to Determination of Significance).
(3) These decisions pertain to archeological
				sites on land. Decisions to investigate submerged sites such as historic
				shipwrecks will be governed by Chapter 28 of this title (relating to Historic
				Shipwrecks).
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 25 - STATE ARCHEOLOGICAL PROGRAM › Section 25.4 - Consultation

Current through Reg. 49, No. 28; July 12, 2024
(a) Any individual, institution,
				organization, agency, or corporation may direct inquiries to the state
				archeologist and request consultation relating to prehistoric and historic
				archeology and related matters. All inquiries will be answered or referred to
				another appropriate agency or organization.
(b) Consultations involving archeological
				investigation are carried on in accordance with the criteria of §
									RSA 25.3 of this
				title (relating to Site Investigations) and any pertinent state or federal
				statutes, rules and regulations.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 25 - STATE ARCHEOLOGICAL PROGRAM › Section 25.5 - Inventory of Archeological Sites

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				continuing inventory of nonrenewable archeological resources is maintained and
				includes data pertinent to archeological sites in Texas. Information from other
				sources is included.
(b) Request
				for access. Any person who desires access to the statewide inventory shall make
				their request in accordance with the rules set forth in Chapter 24 of this
				title (relating to Restricted Cultural Resource Information).
(c) Withholding information. Any specific
				information in the inventory of sites may be withheld from publication or from
				the public if the state archeologist deems that disclosure would be likely to
				result in harm to the resources. Information that may be withheld includes, but
				is not limited to, site records, locational information, notes, photographs,
				maps, spatial imagery, reports, and electronic data, including Restricted
				Cultural Resource Information contained within the Texas Historic Sites Atlas,
				as defined in §
									RSA 24.7 of
				this title (relating to Definitions).
(d) Conditions. Determinations to withhold
				information will be made by the state archeologist on the facts of each request
				for information and are based on the following conditions:
(1) ownership of the resource, where
				disclosure of information may lead to infringement of the legal rights of
				private landowners;
(2)
				significance of the resource, in that significance reflects the magnitude of
				potential loss caused by damage to the resource;
(3) quality and amount of evaluative data
				available for the resource, in that insufficient data can impede an accurate
				determination of the character and significance of the resource;
(4) location of the resource in relation to
				other nearby and/or related resources, in that withholding of site location
				and/or data may help protect other resources;
(5) existing protective measures in place at
				the resource, such as state antiquities landmark designation, conservation
				easement, and/or maintenance as a historic site, park or other facility with
				on-site supervisory personnel; and
(6) previous and widespread general knowledge
				of the location and character of a resource, in that information relating to
				well-known landmarks, historic sites, and/or other public resources will not
				arbitrarily be withheld.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 25 - STATE ARCHEOLOGICAL PROGRAM › Section 25.6 - Collections

Current through Reg. 49, No. 28; July 12, 2024
(a) Maintenance. The commission will do the
				following:
(1) maintain collections recovered
				by the archeology division for the period of time required for their
				processing, analysis, and adequate reporting;
(2) maintain collections on loan to the
				archeology division for the period of time required for their processing,
				analysis, and adequate reporting and return or place such collections according
				to the terms of the loan agreement entered into with the collection
				owner;
(3) maintain on a temporary
				basis, collections recovered by other organizations or individuals from
				archeological sites in Texas that the archeology division agrees to accept for
				placement in an appropriate curatorial facility;
(4) refer to curatorial facilities all other
				requests from individuals, institutions, organizations, and agencies for
				collections placement; and
(5)
				maintain on a permanent basis only those collections falling within its
				responsibilities, for which no permanent repository can be found, and/or for
				comparative analysis.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 25 - STATE ARCHEOLOGICAL PROGRAM › Section 25.7 - Protection of Archeological Sites

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Purpose. The purpose of this section is to preserve archeological sites through
				the implementation of preservation designations, conservation easements, or
				through the acquisition of real property by donation or purchase.
(b) Assessment and selection. Selection of
				sites for protection is made by the archeology division on the basis of an
				assessment of site significance and integrity as stated in §
									RSA 25.2
				of this title (relating to Determination of Significance). Priority is given to
				significant sites that are threatened with damage or destruction. Assessment
				and selection of sites for protection may be made in cooperation with
				individuals, institutions, non-profit organizations, corporations, and/or state
				or federal agencies.
(c) Factors
				influencing selections include the following:
(1) potential to contribute to a better
				understanding of Texas history;
(2)
				importance of the site within the context of a regional culture area;
				and
(3) public education and
				interpretation potential of the site(s).
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 25 - STATE ARCHEOLOGICAL PROGRAM › Section 25.8 - Investigations at Protected Archeological Sites

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Investigations at protected sites will be subject to the requirements of
				applicable state and/or federal laws, rules and regulations and will be
				conducted under the direction of qualified professional
				archeologists.
(b) All proposals
				for archeological investigations at acquired sites will include a detailed
				scope of work that will be considered for approval by the archeology
				division.