ANTIQUITIES CODE OF TEXAS

TITLE 9. HERITAGE

CHAPTER 191. ANTIQUITIES COMMITTEE

SUBCHAPTER A.
GENERAL PROVISIONS

Section 191.001. TITLE. This chapter may be cited as the Antiquities Code of Texas.

Section 191.002. DECLARATION OF PUBLIC POLICY.

It is the public policy and in the public interest of the State of Texas to locate, protect, and preserve all sites, objects, buildings, pre-twentieth-century shipwrecks, and locations of historical, archeological, educational, or scientific interest, including but not limited to, prehistoric and historical American Indian or aboriginal camp sites, dwellings and habitation sites, archeological sites of every character, treasure embedded 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, natural history, government, or culture in, on, or under any of the land in the State of Texas, including the tidelands, submerged land, and the bed of the sea within the jurisdiction of the State of Texas.

Section 191.003. DEFINITIONS. In this chapter:

"Committee" means the Antiquities Committee.
"Landmark" means a state archeological landmark.
"State agency" means a department, commission, board, office, or other agency that is a part of state government and that is created by the constitution or a statute of this state. The term includes an institution of higher education as defined by Section 61.003, Texas Education Code.
"Political subdivision" means a local governmental entity created and operating under the laws of this state, including a city, county, school district, or special district created under Article III, Section 52(b) ( 1 ) or (2), or Article XVI, Section 59, of the Texas Constitution.

Section 191.004. CERTAIN RECORDS NOT PUBLIC INFORMATION.

(a) Information specifying the location of any site or item declared to be a state archeological landmark under Subchapter D of this chapter is not public information.

(b) Information specifying the location or nature of an activity covered by a permit or an application for a permit under this chapter is not public information.

(c) Information specifying details of a survey to locate state archeological landmarks under this chapter is not public information.

(Sections 191.005 - 191.O10 reserved for expansion.)

SUBCHAPTER B.
ADMINISTRATIVE PROVISIONS

Section 191.011. CREATION AND MEMBERSHIP OF COMMITTEE.

(a) There is created an Antiquities Committee, which is composed of nine members, including the Chairman of the Texas Historical Commission, the Director of the Parks and Wildlife Department, the Commissioner of the General Land Office, the State Archeologist, the State Engineer-Director of the Texas Department of Transportation, the Executive Director of the Texas Water Commission, and the following citizen members: one professional archeologist from a recognized museum or institution of higher learning in Texas; one professional historian with expertise in Texas history and culture; and one professional museum director of a major, state-funded museum that has significant research facilities. Five members represent a quorum. At no time shall any member be allowed to appoint or designate a proxy or representative for the purposes of achieving a quorum or to cast a vote on any matter pending before the committee.

(b) A person who is required to register as a lobbyist under Chapter 305, Government Code of Texas, by virtue of his activities for compensation in or on behalf of a profession related to the operation of the committee may not serve as a member of the committee or act as the general counsel to the committee.

(c) Appointments to the committee shall be made without regard to the race, creed, sex, religion, or national origin of the appointee.

Section 191.012. QUALIFICATIONS FOR CITIZEN MEMBERS.

Each citizen member of the committee must be a resident of the State of Texas.

Section 191.013. APPOINTMENT OF CITIZEN MEMBERS.

Each citizen member of the committee shall be appointed by the governor with the advice and consent of the senate.

Section 191.014. TERM OF CITIZEN MEMBERS.

Each citizen member of the committee shall serve for a term of two years expiring on January 3 l of each odd-numbered year.

Section 191.015. PER DIEM AND EXPENSES FOR CITIZEN MEMBERS.

Each citizen member of the committee is entitled to receive a per diem allowance for each day spent in the performance of his duties and reimbursement for actual and necessary travel expenses incurred in the performance of his duties, as provided by the General Appropriations Act.

Section 191.016. CHAIRMAN OF COMMITTEE.

At its first meeting in each calendar year, the committee shall select one of its members as chairman.

Section 191.017. QUORUM.

Five members of the committee constitute a quorum for conducting business.

Section 191.018. EMPLOYEES OF COMMITTEE.

(a) The committee may employ the personnel necessary to perform its duties to the extent the employment is provided for by the General Appropriations Act.

(b) Employees of the committee are considered to be employees of the Texas Historical Commission.

Section 191.019. RECORDS OF COMMITTEE.

The committee shall keep a record of its proceedings, which shall be subject to inspection by any citizen of Texas desiring to make an examination in the presence of a member of the committee or an authorized employee of the committee.

Section 191.020. REMOVAL OF CITIZEN COMMITTEE MEMBER.

(a) It is a ground for removal of a citizen member from the committee if the member:

does not have at the time of appointment the qualifications required by Sections 191.011 and 191.012 of this code for appointment to the committee; or

does not maintain during the service on the committee the qualifications required by Sections 191.011 and 191.012 of this code.

(b) The validity of an action of the committee is not affected by the fact that it was taken when a ground for removal of a member of the committee existed.

Section 191.021. COMPLIANCE WITH OPEN MEETINGS ACT AND ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT.

(a) The committee is subject to the open meetings act, Chapter 271, Acts of the 60th Legislature, Regular Session,1967, as amended (Article 6252- 17, Vemon's Texas Civil Statutes), and the Administrative Procedure and Texas Register Act, as amended (Article 6252-13a, Vemon's Texas Civil Statutes).

(b)

If an institution of higher education notifies the committee in a timely manner (as established by the committee's rules) that it protests the proposed designation of a building under its control as a landmark, the matter becomes a contested case under the provisions of Sections 12 through 20 of the Administrative Procedure and Texas Register Act. In the conduct of proceedings under the Administrative Procedure and Texas Register Act, both the hearing officer in his or her recommendations to the committee and the committee in its determinations of findings of fact and conclusions of law shall consider, in addition to such other objective criteria as the committee may establish pursuant to Section 191.091 of this chapter:

that the primary mission of institutions of higher education is the provision of educational services to the state's citizens;

that the authority for expenditure of the portion of the state's resources allocated to institutions of higher education for construction and repair purposes is entrusted to the governing boards of institutions of higher education for the purpose of the furtherance of the primary mission of the respective institutions of higher education;

whether the benefit to the state from landmark designation outweighs the potential inflexibility of use that may be a consequence of the designation; and

whether the cost of remodeling and/or restoration that might be required under the permit procedures of the committee if the building were designated as a landmark may be so substantially greater than remodeling under procedures established by law for the review of remodeling projects for higher education buildings not so designated as to impair the proper use of funds designated by the state for educational purposes at the institution.

(c) If an institution of higher education notifies the committee in a timely manner (as established by the committee's rules) that it protests the terms of a permit proposed to be granted to an institution of higher education under this chapter, the matter becomes a contested case under the provisions of Sections 12 through 20 of the Administrative Procedure and the Texas Register Act. The hearing officer in his or her recommendations to the committee and the committee in its determination of findings of fact and conclusions of law shall consider:

that the primary mission of institutions of higher education is the provision of educational services to the state's citizens;

that the authority for expenditure of the portion of the state's resources allocated to institutions of higher education for construction and repair purposes is entrusted to the governing boards of institutions of higher education for the purpose of the furtherance of the primary mission of the respective institution of higher education;

whether the legislature has provided extra funds that may be required to implement any proposed requirements;

the effect of any proposed requirements on maintenance costs;

the effect of any proposed requirements on energy costs; and

the appropriateness of any proposed permit requirements to the uses to which a public building has been or will be dedicated by the governing board of the institution of higher education.

(d) Weighing the criteria set forth in Subsections (b) and (c) of this section against the criteria it adopts pursuant to Section 191.092 of this chapter and such criteria as it may adopt with regard to permit requirements, the committee shall designate a building under the control of an institution of higher education as a landmark or include a requirement in a permit only if the record before the committee establishes by clear and convincing evidence that such designation or inclusion would be in the public interest.

Section 191.022. AUDITS.

The State Auditor shall audit the financial transactions of the committee during each fiscal year.

Section 191.023. APPLICATION OF SUNSET ACT.

The Antiquities Committee is subject to the Texas Sunset Act, Chapter 325, Government Code of Texas. Unless continued in existence as provided by that Act, the committee is abolished effective September 1, 1995.
(Sections 191.024 -191.050 reserved for expansion.)

SUBCHAPTER C.

POWERS AND DUTIES

Section 191.051. IN GENERAL.

(a) The committee is the legal custodian of all items described in this chapter that have been recovered and retained by the State of Texas.

(b) The committee shall:

maintain an inventory of the items recovered and retained by the State of Texas, showing the description and depository of them;

determine the site of and designate landmarks and remove from the designation certain sites, as provided in Subchapter D of this chapter;

contract or otherwise provide for discovery operations and scientific investigations under the provisions of Section 191.053 of this code;

consider the request for and issue the permits provided for in Section 191.054 of this code;

prepare and make available to the general public and appropriate state agencies and political subdivisions information of consumer interest describing the functions of the committee and the procedures by which complaints are filed with and resolved by the committee; and

protect and preserve the archeological and historical resources of Texas.

Section 191.052. RULES.

The committee may promulgate rules and require contract or permit conditions to reasonably effect the purposes of this chapter.

Section 191.053. CONTRACT FOR DISCOVERY AND SCIENTIFIC INVESTIGATION.

(a) The committee may contract with other state agencies or political subdivisions and with qualified private institutions, corporations, or individuals for the discovery and scientific investigation of sunken or abandoned ships or wrecks of the sea, or any part of the contents of them, or archeological deposits or treasure embedded in the earth.

(b) The contract shall:

be on a form approved by the attorney general;

specify the location, nature of the activity, and the time period covered by the contract; and

provide for the termination of any rights of the investigator or permittee under the contract upon violation of any of the terms of the contract.

(c) The executed contract shall be recorded by the person, firm, or corporation obtaining the contract in the office of the county clerk in the county or counties in which the operations are to be conducted prior to the commencement of the operation.

(d) Title to all objects recovered is retained by the State of Texas unless and until it is released by the committee.

Section 191.054. PERMIT FOR SURVEY AND DISCOVERY, EXCAVATION, RESTORATION, DEMOLITION, OR STUDY.

(a) The committee may issue a permit to other state agencies or political subdivisions or to qualified private institutions, companies, or individuals for the survey and discovery, excavation, demolition or restoration of, or the conduct of scientific or educational studies at, in, or on landmarks, or for the discovery of eligible landmarks on public land, if it is the opinion of the committee that the permit is in the best interest of the State of Texas.

(b) Restoration shall be defined as any rehabilitation of a landmark excepting normal maintenance or alterations to nonpublic interior spaces.

(c) The permit shall:

be on a form approved by the attorney general;

specify the location, nature of the activity, and the time period covered by the permit; and

provide for the termination of any rights of the investigator or permittee under the permit upon violation of any of the terms of the permit.

Section 191.055. SUPERVISION.

All scientific investigations or recovery operations conducted under the contract provisions in Section 191.053 of this code and all operations conducted under permits or contracts set out in Section 191.054 of this code must be carried out:

under the general supervision of the committee;

in accordance with reasonable rules adopted by the committee; and

in such manner that the maximum amount of historic, scientific, archeological, and educational information may be recovered and preserved in addition to the physical recovery of items.

Section 191.056. ACCEPTANCE OF GIFTS.

The committee may accept gifts, grants, devises, or bequests of money, securities, or property to be used in the pursuance of its activities and the performance of its duties.

Section 191.057. SURVEY, EXCAVATION, OR RESTORATION FOR PRIVATE PARTIES.

The committee may survey, excavate, or restore antiquities for private parties under rules promulgated by the committee. All real and administrative costs incurred in the survey, excavation, or restoration shall be paid by the private party.

Section 191.058. DISPLAY OF ARTIFACTS.

(a) As far as is consistent with the public policy of this chapter, the committee, on a majority vote, may arrange or contract with other state agencies or political subdivisions and qualified private institutions, corporations, or individuals for pubic display of artifacts and other items in its custody through permanent exhibits established in the locality or region in which the artifacts were discovered or recovered. The committee, on a majority vote, may also arrange or contract with these same persons and groups for portable or mobile displays.

(b) The committee is the legal custodian of the items described in this chapter and shall adopt appropriate rules, terms, and conditions to assure appropriate security, qualification of personnel, insurance, facilities for preservation, restoration, and display of the items loaned under the contracts.

(c) Arrangements for curation of artifacts, data, and other materials recovered under Texas Antiquities Committee permits are specified in the body of the permit. Should a state agency or political subdivision lack the facilities or for any reason be unable to curate or provide responsible storage for such artifacts, data, or other materials, the Texas Antiquities Committee will arrange for curation at a suitable institution. The Texas Antiquities Committee may by rule assess costs for such curation.

Section 191.059. COMPLAINTS.

(a) The committee shall keep an information file about each complaint filed with the committee.

(b) If a written complaint is filed with the committee, the committee, at least as frequently as quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint.

(Sections 191.060 -191.090 reserved for expansion.)

Subchapters D, E & F

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