ANTIQUITIES CODE OF TEXAS

(a)	Sites, objects, buildings, artifacts, implements, and locations of historical, archeological, scientific, or educational interest, including those pertaining to prehistoric and historical American Indians or aboriginal campsites, dwellings, and habitation sites, their artifacts and implements of culture, as well as archeological sites of every character that are located in, on, or under the surface of any land belonging to the State of Texas or to any county, city, or political subdivision of the state are state archeological landmarks and are eligible for designation.
(b)	For the purposes of this section, a structure or a building has historical interest if the structure or building: was the site of an event that has significance in the history of the United States or the State of Texas;   was significantly associated with the life of a famous person;   was significantly associated with an event that symbolizes an important principle or ideal;   represents a distinctive architectural type and has value as an example of a period, style, or construction technique; or   is important as part of the heritage of a religious organization, ethnic group, or local society.
(c)	Before the committee may designate a structure or building as a state archeological landmark, the structure or building must be listed in the National Register of Historic Places.
(d)	The committee shall adopt rules establishing criteria for the designation of a structure or building as a state archeological landmark.
(e)	The committee shall consider any and all fiscal impacts on local political subdivisions before any structure or building owned by a local political subdivision may be designated as a state archeological landmark.

Section 191.093. PREREQUISITES TO REMOVAL, ALTERING, DAMAGING, DESTROYING, SALVAGING, OR EXCAVATING CERTAIN LANDMARKS.

Landmarks under Section 191.091 or 191.092 of this code are the sole property of the State of Texas and may not be removed, altered, damaged, destroyed, salvaged, or excavated without a contract with or permit from the committee.

Section 191.094. DESIGNATING A LANDMARK ON PRIVATE LAND.

(a)	Any site located on private land which is determined by majority vote of the committee to be of sufficient archeological, scientific, or historical significance to scientific study, interest, or public representation of the aboriginal or historical past of Texas may be designated a state archeological land mark by the committee.
(b)	No site may be designated on private land without the written consent of the landowner or landowners in recordable form sufficiently describing the site so that it may be located on the ground.
(c)	On designation, the consent of the landowner shall be recorded in the deed records of the county in which the land is located.

Section 191.095. PERMIT FOR LANDMARK ON PRIVATE LAND.

All sites or items of archeological, scientific, or historical interest located on private land in the State of Texas in areas designated as land marks, as provided in Section 191.094 of this code, and landmarks under Section 191.092 of this code, may not be taken, altered, damaged, destroyed, salvaged, or excavated without a permit from the committee or in violation of the terms of the permit.

Section 191.096. MARKING LANDMARK ON PRIVATE LAND.

Any site on private land which is designated a landmark shall be marked by at least one marker bearing the words, "State Archeological Landmark."

Section 191.097. REMOVING DESIGNATION AS LANDMARK.

(a)	Any landmark on public or private land may be determined by majority vote of the committee to be of no further historical, archeological, educational, or scientific value, or not of sufficient value to warrant its further classification as a landmark, and on this determination may be removed from the designation as a landmark.
(b)	On removal of the designation on private land which was designated by instrument of record, the committee shall execute and record in the deed records of the county in which the site is located an instrument setting out the determination and releasing the site from the provisions of this chapter.

Section 191.098. NOTIFICATION OF ALTERATION OR DEMOLITION OF POSSIBLE LANDMARK.

(a)	A state agency may not alter, renovate, or demolish a building possessed by the state that was constructed at least 50 years before the alteration, renovation, or demolition and that has not been designated a landmark by the committee, without notifying the committee of the proposed alteration, renovation, or demolition not later than the 60th day before the day on which the agency begins the alteration, renovation, or demolition.
(b)	After receipt of the notice the committee may waive the waiting period; however, if the committee institutes proceedings to determine whether the building is a state archeological landmark under Section 191.092 of this code not later than the 60th day after the day on which the notice is received by the committee, the agency must obtain a permit from the committee before begin ning an alteration, renovation, or demolition of the building during the time that the committee's proceedings are pending.
(c)	Should the committee fail to provide a substantive response within 60 days to a request for a review of the project plans, application for permit, draft report review, or other business required under the Antiquities Code, the applicant may proceed without further reference to the committee.
(Sections 191.099 -191.130 reserved for expansion.)

(a)	No person, firm, or corporation may conduct a salvage or recovery operation without first obtaining a contract.
(b)	No person, firm, or corporation may conduct an operation on any landmark without first obtaining a permit and having the permit in his or its possession at the site of the operation, or conduct the operation in violation of the provisions of the permit.

Section 191.132. DAMAGE OR DESTRUCTION.

(a)	No person may intentionally and knowingly deface American Indian or aboriginal paintings, hieroglyphics, or other marks or carvings on rock or elsewhere that pertain to early American Indian or aboriginal habitation of the country.
(b)	A person who is not the owner shall not willfully injure, disfigure, remove, or destroy a historical structure, monument, marker, medallion, or artifact without lawful authority.

Section 191.133. ENTRY WITHOUT CONSENT.

No person who is not the owner, and does not have the consent of the owner, proprietor, lessee, or person in charge, may enter or attempt to enter on the enclosed land of another and intentionally injure, disfigure, remove, excavate, damage, take, dig into, or destroy any historical structure, monument, marker, medallion, or artifact, or any prehistoric or historic archeological site, American Indian or aboriginal campsite, artifact, burial, ruin, or other archeological remains located in, on, or under any private land within the State of Texas.

(Sections 191.134 - 191.170 reserved for expansion.)

(a)	A person violating any of the provisions of this chapter is guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than $50 and not more than $1,000, by confinement in jail for not more than 30 days, or both.
(b)	Each day of continued violation of any provision of this chapter constitutes a separate offense for which the offender may be punished.

Section 191.172. CIVIL ACTION BY ATTORNEY GENERAL

(a)	In addition to, and without limiting the other powers of the attorney general, and without altering or waiving any criminal penalty provided in this chapter, the attorney general may bring an action in the name of the State of Texas in any court of competent jurisdiction for restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this chapter, and for the return of items taken in violation of the provisions of this chapter.
(b)	Venue for an action instituted by the attorney general lies either in Travis County or in the county in which the activity sought to be restrained is alleged to be taking place or from which the items were taken.

Section 191.173. CIVIL ACTION BY CITIZEN.

(a)	A citizen of the State of Texas may bring an action in any court of competent jurisdiction for restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this chapter, and for the return of items taken in violation of the provisions of this chapter.
(b)	Venue of an action by a citizen lies in the county in which the activity sought to be restrained is alleged to be taking place or from which the items were taken.

Section 191.174. ASSISTANCE FROM STATE AGENCIES, POLITICAL SUBDIVISIONS, AND LAW ENFORCEMENT OFFICERS.

(a)	The chief administrative officers of all state agencies and political subdivisions are directed to cooperate and assist the committee and the attorney general in carrying out the intent of this chapter.
(b)	All state and local law enforcement agencies and officers are directed to assist in enforcing the provisions and carrying out the intent of this chapter.

CHANGES TO THE ANTIQUITIES CODE ENACTED DURING THE 1987 LEGISLATIVE SESSION

The major changes to the Texas Antiquities Code enacted during the 1987 legislative session are explained below. There also were a number of minor housekeeping changes. All sections added or changed are listed at the end.

191.003(4). A definition of "political subdivision" was added to end spurious arguments by some entities of local government that they were not subject to the provisions of the Antiquities Code. References to political subdivisions were added to other sections of the Code as needed to clarify matters.

191.011. The Texas Antiquities Committee had proposed language to formalize the use of members' representatives at TAC board meetings. The legislature decided that, on the contrary, representatives of TAC members would not be allowed.

191.054. This clarifies a project sponsor's obligation to locate previously unknown and undesignated SALs by means of a survey prior to beginning a construction project on public lands.

191.058 (c). The TAC will assist in arranging curation for permittees, but the costs may be borne by the agency or project sponsor if the committee so directs.

191.092 (c), (d), and (e). These new sections assure that only the most historically important buildings will become SALs. The prerequisite of listing in the National Register of Historic Places will assure that the building has been previously assessed on the state and federal levels by architectural and historical experts. These sections do not affect archeological sites.

191.098. The change from 45 to 50 years in the age requirement brings the Antiquities Code into agreement with the specifications of the National Register of Historic Places.

Sections Added

191.003 (4)
191.092 (c), (d), and (e)

Sections Amended

191.011
191.016
191.051 (5) and (6)
191.053 (a)
191.054
191.057
191.058 (a) and (c)
191.091
191.092
191.093
191.096
191.097 (b)
191.098