Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 26.2 - Scope

Current through Reg. 49, No. 28; July 12, 2024
For purposes of implementing the Antiquities Code of Texas,
					 the commission is the statutorily created body responsible for protecting and
					 preserving State Antiquities Landmarks (landmarks) under the Texas Natural
					 Resources Code, Title 9, Chapter 191.
(1) Section
				  RSA 191.092
				  of the Texas Natural Resources Code declares that it is the public policy and
				  in the public interest of the State of Texas to locate, protect, and preserve
				  landmarks, including sites, objects, buildings, structures and historic
				  shipwrecks, and locations of historical, archeological, educational, or
				  scientific interest including, but not limited to, prehistoric American Indian
				  or aboriginal campsites, dwellings, and habitation sites, aboriginal paintings,
				  petroglyphs, and other marks or carvings on rock or elsewhere which pertain to
				  early American Indian or other archeological sites of every character, treasure
				  imbedded in the earth, sunken or abandoned ships and wrecks of the sea or any
				  part of their contents, maps, records, documents, books, artifacts, and
				  implements of culture in any way related to the inhabitants, prehistory,
				  history, government, or culture in, on, or under any of the lands of the State
				  of Texas, including the tidelands, submerged land, and the bed of the sea
				  within the jurisdiction of the State of Texas.
(2) Section
				  RSA 191.093
				  of the Texas Natural Resources Code states that all landmarks are afforded some
				  level of consideration prior to being affected by a proposed project.
(3) Section
				  RSA 191.0525 of the
				  Texas Natural Resources Code requires that notice be provided to the commission
				  before breaking ground at a project location on state or local public land.
				  This step ensures that project effects on landmarks, whether or not they have
				  currently been identified, are appropriately considered. Upon notification, the
				  commission will determine if the project affects a landmark or whether the
				  project area warrants a survey to identify potential landmarks. Section
				  RSA 26.7
				  of this title (relating to Location and Discovery of Cultural Resources and
				  Landmarks) describes the notification requirements and review
				  process.
(4) Section
				  RSA 191.091
				  and §
										RSA 191.092
				  of the Texas Natural Resources Code provide that archeological sites and
				  historic buildings and structures on lands belonging to state agencies or
				  political subdivisions of the State of Texas are landmarks or may be eligible
				  to be designated as landmarks. Landmark designation may be initiated by the
				  public agency, the commission, or a third party. Section
				  RSA 191.094
				  of the Texas Natural Resources Code allows for the designation of landmarks on
				  private property. Section
				  RSA 26.8
				  and §
										RSA 26.9
				  of this title describe the designation procedures for la ndmarks.
(5) Section
				  RSA 191.054
				  and §
										RSA 191.055 of the Texas
				  Natural Resources Code state that the commission oversees investigations or
				  project work though a permitting process. The commission uses permits to
				  establish the terms under which work may proceed. Subchapters C and D of this
				  chapter describe the permitting process for archeological permits and historic
				  buildings and structures permits, respectively.
(6) Documents referenced in this chapter,
				  including landmark nomination and permit application forms, are available on
				  the commission website at
www.thc.texas.gov
or by contacting the
				  commission.