TITLE 13. CULTURAL RESOURCES

PART 2. TEXAS HISTORICAL COMMISSION

CHAPTER 25. STATE ARCHEOLOGICAL PROGRAM

13 TAC §25.1, §25.9

The Texas Historical Commission (hereafter referred to as the commission) adopts amendments to §25.1, relating to Definitions, and adopts new §25.9, relating to Discovery and Evaluation of Unverified Cemeteries, Texas Administrative Code, Title 13, Part 2, Chapter 25, State Archeological Program. The amendment and new rule are adopted without changes to the proposed text, as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4066).

In the adoption of the amendment to §25.1, definitions are amended to clarify the commission's role in evaluating cemeteries in accordance with amendments to the Texas Health and Safety Code, §§711.001, 711.004, 711.010, and 711.0111.

The adoption of §25.9 will clarify procedures for reporting the discovery of unverified cemeteries and the commission's role in evaluating and verifying cemeteries in accordance with amendments to the Texas Health and Safety Code, §711.011 and §711.0111.

No comments were received regarding adoption of the amendment or the new rule.

The amendments and new rule are adopted under §442.005(q) of the Texas Government Code which provides the Texas Historical Commission with the authority to promulgate rules to reasonably effect the purposes of the commission, §442.017 of the Texas Government Code relating to the commission's authority to adopt rules related to abandoned cemeteries, and §711.012 of the Texas Health and Safety Code which provides the commission with the authority to adopt rules to enforce and administer §§711.010 - 711.0111 of the Texas Health and Safety Code.

The amendment and new rule implement Texas Government Code, §442.017 and Texas Health and Safety Code, §§711.010 - 711.0111.

No other statutes, articles or codes are affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 11, 2017.

TRD-201705048

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: December 31, 2017

Proposal publication date: August 18, 2017

For further information, please call: (512) 463-8882


CHAPTER 26. PRACTICE AND PROCEDURE

The Texas Historical Commission (hereafter referred to as the commission) adopts amendments, without changes, to the proposed text as published in the August 18, 2017, issue of the Texas Register (42 TexReg 4067) and will not be republished. The commission adopts amendments to §26.1 (Object), §26.2 (Scope), §26.3 (Definitions), §26.5 (Antiquities Advisory Board), §26.7 (Location and Discovery of Cultural Resources and Landmarks), §26.10 (Criteria for Evaluating Archeological Sites), §26.14 (Issuance and Restrictions of Archeological Permits), §26.16 (Reports Relating to Archeological Permits), §26.17 (Principal Investigator's Responsibilities for Disposition of Archeological Artifacts and Data), §26.19 (Criteria for Evaluating Historic Buildings and Structures), §26.20 (Application for Historic Buildings and Structures Permits), and §26.23 (Reports Relating to Historic Buildings and Structures Permits) of Title 13, Part 2, Chapter 26 of the Texas Administrative Code (relating to Practice and Procedure) under the jurisdiction of the Antiquities Code of Texas (Title 9, Chapter 191, of the Texas Natural Resources Code). §§26.1 - 26.3, and 26.5 are under Subchapter A; §26.7 is under Subchapter B; §§26.10, 26.14, 26.16, and 26.17 are under Subchapter C; and §§26.19, 26.20, and 26.23 are under Subchapter D.

Section 26.1: Object is amended to add reference to the Health and Safety Code of Texas.

Sections 26.2: Scope, 26.20: Application for Historic Buildings and Structures Permits, and 26.23: Reports Relating to Historic Buildings and Structures Permits are amended to update website addresses.

Section 26.3: Definitions are amended to clarify the commission's role in evaluating unverified cemeteries, curation of artifacts, and review of work to historic buildings and structures.

Section 26.5: Antiquities Advisory Board is amended to eliminate a reauthorization conflict with the Texas Government Code.

Section 26.7: Location and Discovery of Cultural Resources and Landmarks is amended to clarify notification requirements and review procedures for political subdivisions of the state, as well as the commission's role in evaluating unverified cemeteries.

Section 26.10: Criteria for Evaluating Archeological Sites is amended to also address verification of cemeteries.

Section 26.14: Issuance and Restrictions of Archeological Permits is amended to address the potential need to censure investigative firms working under Antiquities Permits.

Section 26.16: Reports Relating to Archeological Permits and §26.17: Principal Investigator's Responsibilities for Disposition of Archeological Artifacts and Data are amended to address the curation of artifacts.

Section 26.19: Criteria for Evaluating Historic Buildings and Structures is amended to clarify when certain requirements apply.

No comments were received regarding adoption of the amendments.

SUBCHAPTER A. GENERAL PROVISIONS

13 TAC §§26.1 - 26.3, 26.5

These amendments are adopted under the authority of Texas Government Code §442.005(q), which provides the Texas Historical Commission with the authority to promulgate rules to reasonably effect the purposes of the commission; §191.052 of the Natural Resources Code, which provides the commission with the authority to promulgate rules for the implementation and administration of the Antiquities Code of Texas; §442.017 of the Texas Government Code relating to the commission's authority to adopt rules related to abandoned cemeteries; and §711.012 of the Texas Health and Safety Code which provides the commission with the authority to adopt rules to enforce and administer §711.010 and §711.011 of the Texas Health and Safety Code. No other statutes, articles or codes are affected by these new rules.

The Commission concurrently adopts amendments to the rules in Chapter 26 pursuant to Texas Government Code §2001.039.

No other statutes, articles or codes are affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 11, 2017.

TRD-201705053

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: December 31, 2017

Proposal publication date: August 18, 2017

For further information, please call: (512) 463-8882


SUBCHAPTER B. IDENTIFICATION AND DESIGNATION OF LANDMARKS

13 TAC §26.7

These amendments are adopted under the authority of Texas Government Code §442.005(q), which provides the Texas Historical Commission with the authority to promulgate rules to reasonably effect the purposes of the commission; §191.052 of the Natural Resources Code, which provides the commission with the authority to promulgate rules for the implementation and administration of the Antiquities Code of Texas; §442.017 of the Texas Government Code relating to the commission's authority to adopt rules related to abandoned cemeteries; and §711.012 of the Texas Health and Safety Code which provides the commission with the authority to adopt rules to enforce and administer §711.010 and §711.011 of the Texas Health and Safety Code.

No other statutes, articles or codes are affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 11, 2017.

TRD-201705054

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: December 31, 2017

Proposal publication date: August 18, 2017

For further information, please call: (512) 463-8882


SUBCHAPTER C. ARCHEOLOGY

13 TAC §§26.10, 26.14, 26.16, 26.17

These amendments are adopted under the authority of Texas Government Code §442.005(q), which provides the Texas Historical Commission with the authority to promulgate rules to reasonably effect the purposes of the commission; §191.052 of the Natural Resources Code, which provides the commission with the authority to promulgate rules for the implementation and administration of the Antiquities Code of Texas; §442.017 of the Texas Government Code relating to the commission's authority to adopt rules related to abandoned cemeteries; and §711.012 of the Texas Health and Safety Code which provides the commission with the authority to adopt rules to enforce and administer §711.010 and §711.011 of the Texas Health and Safety Code.

No other statutes, articles or codes are affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 11, 2017.

TRD-201705055

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: December 31, 2017

Proposal publication date: August 18, 2017

For further information, please call: (512) 463-8882


SUBCHAPTER D. HISTORIC BUILDINGS AND STRUCTURES

13 TAC §§26.19, 26.20, 26.23

These amendments are adopted under the authority of Texas Government Code §442.005(q), which provides the Texas Historical Commission with the authority to promulgate rules to reasonably effect the purposes of the commission; §191.052 of the Natural Resources Code, which provides the commission with the authority to promulgate rules for the implementation and administration of the Antiquities Code of Texas; §442.017 of the Texas Government Code relating to the commission's authority to adopt rules related to abandoned cemeteries; and §711.012 of the Texas Health and Safety Code which provides the commission with the authority to adopt rules to enforce and administer §711.010 and §711.011 of the Texas Health and Safety Code.

No other statutes, articles or codes are affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 11, 2017.

TRD-201705056

Mark Wolfe

Executive Director

Texas Historical Commission

Effective date: December 31, 2017

Proposal publication date: August 18, 2017

For further information, please call: (512) 463-8882