Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter C - ARCHEOLOGY › Section 26.18 - Compliance with Rules for Archeological Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) If the permittee, project sponsor,
				  principal investigator or other professional personnel, or investigative firm
				  or other professional firm fails to comply with any of the rules of the
				  commission or any of the terms of the specific permit involved, or fails to
				  properly conduct or complete the project, or fails to act in the best interest
				  of the state, or fails to meet terms and conditions of defaulted permits, the
				  commission may cancel the permit and notify the permittee of such cancellation
				  by certified letter, return receipt requested, mailed to the last address
				  furnished to the commission by the permit applicant. When determined to be
				  appropriate and upon notification of cancellation, the permittee, project
				  sponsor, principal investigator and other professional personnel, and
				  investigative firm or other professional firm shall, in the case of ongoing
				  projects, cease work immediately, remove all personnel and equipment, and
				  vacate the area or site within 24 hours. A permit that has been canceled can be
				  reinstated by the commission if good cause is shown within 30 days.
(b) A principal investigator and
				  investigative firm or other professional firm shall not proceed with an
				  investigation without applying for and receiving an appropriate permit by the
				  commission, or without having been officially authorized by the commission to
				  proceed prior to issuance of an emergency permit. Failure to meet this
				  requirement may result in the principal investigator, investigative firm, or
				  professional firm being censured and denied issuance of permits for a six-month
				  period. The commission will send a letter of reprimand to the principal
				  investigator and/or investigative firm for each application offense. More than
				  one permit application offense in a one-year period may result in permit
				  censuring for a period of six months for each offense. If the commission
				  determines that more than one permit application offense has occurred in one
				  year, it may direct the staff to censure the principal investigator or other
				  professional personnel, investigative firm, or professional firm in question.
				  The censured parties will then be ineligible to be issued a permit for a period
				  of six months for each offense.
(c)
				  Project sponsors and permittees shall not encourage principal investigators, or
				  investigative firms or other professional firms to perform investigations on
				  public lands in the State of Texas without a properly issued permit. Such
				  investigations proceeding with the knowledge of the project sponsor and/or
				  permittee constitute a violation of the Antiquities Code of Texas. Such actions
				  may result in the denial of a permit and prevent authorization for a
				  development project to proceed relative to jurisdiction under the Antiquities
				  Code of Texas. The commission may also require that the investigations
				  performed without a permit be performed again under a properly issued
				  permit.
(d) The rules and standards
				  that must be followed in relationship to the curation of artifacts recovered
				  under the jurisdiction of the Antiquities Code of Texas can be found under
				  Chapter 29 of this title (relating to Management and Care of Artifacts and
				  Collections).