ANTIQUITIES CODE

Tex. NAT. RES Code ch. 191
in effect

Tex. NAT. RES Code § 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 campsites, dwellings, and habitation sites, 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, pre-history, 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.

Tex. NAT. RES Code § 191.003. DEFINITIONS.

In this chapter: (1) "Committee" means the Texas Historical Commission. (2) "Landmark" means a state archeological landmark. (3) "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. (4) "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.

Tex. NAT. RES Code § 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. Added by Acts 1981, 67th Leg., p. 959, ch. 365, Sec. 1, eff. June 10, 1981. SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Tex. NAT. RES Code § 191.021. COMPLIANCE WITH OPEN MEETINGS ACT AND ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT.

(a) Repealed by Acts 1995, 74th Leg., ch. 109, Sec. 29, eff. Aug. 30, 1995. (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 or land 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: (1) that the primary mission of institutions of higher education is the provision of educational services to the state's citizens; (2) 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; (3) whether the benefit to the state from landmark designation outweighs the potential inflexibility of use that may be a consequence of the designation; and (4) 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: (1) that the primary mission of institutions of higher education is the provision of educational services to the state's citizens; (2) 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; (3) whether the legislature has provided extra funds that may be required to implement any proposed requirements; (4) the effect of any proposed requirements on maintenance costs; (5) the effect of any proposed requirements on energy costs; and (6) 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 or land 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. Added by Acts 1983, 68th Leg., p. 2003, ch. 364, Sec. 6, eff. Sept. 1, 1983. Amended by Acts 1995, 74th Leg., ch. 109, Sec. 29, eff. Aug. 30, 1995. Acts 2009, 81st Leg., R.S., Ch. 1182 (H.B. 3632 ), Sec. 5, eff. June 19, 2009. SUBCHAPTER C. POWERS AND DUTIES

Tex. NAT. RES Code § 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: (1) maintain an inventory of the items recovered and retained by the State of Texas, showing the description and depository of them; (2) determine the site of and designate landmarks and remove from the designation certain sites, as provided in Subchapter D of this chapter; (3) contract or otherwise provide for discovery operations and scientific investigations under the provisions of Section 191.053 of this code; (4) consider the requests for and issue the permits provided for in Section 191.054 of this code; (5) 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 (6) protect and preserve the archeological and historical resources of Texas.

Tex. NAT. RES Code § 191.052. RULES.

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

Tex. NAT. RES Code § 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 imbedded in the earth. (b) The contract shall: (1) be on a form approved by the attorney general; (2) specify the location, nature of the activity, and the time period covered by the contract; and (3) provide for the termination of any right in the investigator or permittee under the contract on the 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.

Tex. NAT. RES Code § 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: (1) be on a form approved by the attorney general; (2) specify the location, nature of the activity, and the time period covered by the permit; and (3) provide for the termination of any right in the investigator or permittee under the permit on the violation of any of the terms of the permit.

Tex. NAT. RES Code § 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: (1) under the general supervision of the committee; (2) in accordance with reasonable rules adopted by the committee; and (3) 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.

Tex. NAT. RES Code § 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.

Tex. NAT. RES Code § 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.

Tex. NAT. RES Code § 191.058. CURATION 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 public 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 the curation. (d) The committee may contract with a qualified institution for the institution to serve as a repository for artifacts and other items in the custody of the committee. The Corpus Christi Museum of Science and History is the repository for marine artifacts. The committee may contract with other qualified institutions to serve as additional repositories for marine artifacts. The committee may authorize an archeological repository to loan artifacts and other items curated by the repository to a qualified institution for public display. The Corpus Christi Museum of Science and History: (1) does not own the artifacts for which it serves as a repository; and (2) shall make available for loan to a qualified institution for display the marine artifacts for which it serves as a repository.

Tex. NAT. RES Code § 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. Added by Acts 1983, 68th Leg., p. 2009, ch. 364, Sec. 9, eff. Sept. 1, 1983. SUBCHAPTER D. STATE ARCHEOLOGICAL LANDMARKS

Tex. NAT. RES Code § 191.091. SHIPS, WRECKS OF THE SEA, AND TREASURE IMBEDDED IN EARTH.

Sunken or abandoned pre-twentieth century ships and wrecks of the sea, and any part or the contents of them, and all treasure imbedded in the earth, located in, on, or under the surface of land belonging to the State of Texas, including its tidelands, submerged land, and the beds of its rivers and the sea within jurisdiction of the State of Texas, are declared to be state archeological landmarks and are eligible for designation.

Tex. NAT. RES Code § 191.092. OTHER SITES, ARTIFACTS, OR ARTICLES.

(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: (1) was the site of an event that has significance in the history of the United States or the State of Texas; (2) was significantly associated with the life of a famous person; (3) was significantly associated with an event that symbolizes an important principle or ideal; (4) represents a distinctive architectural type and has value as an example of a period, style, or construction technique; or (5) is important as part of the heritage of a religious organization, ethnic group, or local society. (c) An individual or a private group that desires to nominate a building or site owned by a political subdivision as a state archeological landmark must give notice of the nomination at the individual's or group's own expense in a newspaper of general circulation published in the city, town, or county in which the building or site is located. If no newspaper of general circulation is published in the city, town, or county, the notice must be published in a newspaper of general circulation published in an adjoining or neighboring county that is circulated in the county of the applicant's residence. The notice must: (1) be printed in 12-point boldface type; (2) include the exact location of the building or site; and (3) include the name of the group or individual nominating the building or site. (d) An original copy of the notice and an affidavit of publication signed by the newspaper's publisher must be submitted to the commission with the application for nomination. (e) The commission may not consider for designation as a state archeological landmark a building or site owned by a political subdivision unless the notice and affidavit required by Subsection (d) are attached to the application. (f) Before the committee may designate a structure or building as a state archeological landmark, the structure or building must be listed on the National Register of Historic Places. (g) The committee shall adopt rules establishing criteria for the designation of a structure or building as a state archeological landmark. (h) The committee shall consider any and all fiscal impact on local political subdivisions before any structure or building owned by a local political subdivision may be designated as a state archeological landmark.

Tex. NAT. RES Code § 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.

Tex. NAT. RES Code § 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 landmark 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.

Tex. NAT. RES Code § 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 landmarks, 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.

Tex. NAT. RES Code § 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".

Tex. NAT. RES Code § 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.

Tex. NAT. RES Code § 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 beginning 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 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. Added by Acts 1983, 68th Leg., p. 2009, ch. 364, Sec. 10, eff. Sept. 1, 1983. Amended by Acts 1987, 70th Leg., ch. 948, Sec. 14, eff. Sept. 1, 1987. SUBCHAPTER E. PROHIBITIONS

Tex. NAT. RES Code § 191.131. CONTRACT OR PERMIT REQUIREMENT.

(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.

Tex. NAT. RES Code § 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 wilfully injure, disfigure, remove, or destroy a historical structure, monument, marker, medallion, or artifact without lawful authority.

Tex. NAT. RES Code § 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. SUBCHAPTER F. ENFORCEMENT

Tex. NAT. RES Code § 191.171. CRIMINAL PENALTY.

(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 by both. (b) Each day of continued violation of any provision of this chapter constitutes a separate offense for which the offender may be punished.

Tex. NAT. RES Code § 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.

Tex. NAT. RES Code § 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.

Tex. NAT. RES Code § 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.

Tex. NAT. RES Code § 191.0525. NOTICE REQUIRED.

(a) Before breaking ground at a project location on state or local public land, the person primarily responsible for the project or the person's agent shall notify the committee. The committee shall promptly determine whether: (1) a historically significant archeological site is likely to be present at the project location; (2) additional action, if any, is needed to protect the site; and (3) an archeological survey is necessary. (b) Except as provided by Subsection (c), the committee shall make a determination not later than the 30th day after the date the committee receives notice under Subsection (a). If the committee fails to respond in the 30-day period, the person may proceed with the project without further notice to the committee. If the committee determines that an archeological survey is necessary at the project location, the project may not commence until the archeological survey is completed. (c) The committee shall make a determination not later than the 15th day after the date the committee receives notice under Subsection (a) for project locations regarding oil, gas, or other mineral exploration, production, processing, marketing, refining, or transportation facility or pipeline projects. If the committee fails to respond in the 15-day period, the person may proceed with the project without further notice to the committee. If the committee determines that an archeological survey is necessary at the project location, the project may not commence until the archeological survey is completed. (d) A project for a county, municipality, or an entity created under Section 52 , Article III, or Section 59 , Article XVI, Texas Constitution, requires advance project review only if the project affects a cumulative area larger than five acres or disturbs a cumulative area of more than 5,000 cubic yards, whichever measure is triggered first, or if the project is inside a designated historic district or recorded archeological site. (e) There exist categorical exclusions since many activities conducted on nonfederal public land have little, if any, chance to damage archeological sites, and therefore should not require notification under this section. The following are categorical exclusions at a minimum: (1) water injection into existing oil and gas wells; (2) upgrading of electrical transmission lines when there will be no new disturbance of the existing easement; (3) seismic exploration activity when there is no ground penetration or disturbance; (4) building and repairing fences that do not require construction or modification of associated roads, fire breaks, or previously disturbed ground; (5) road maintenance that does not involve widening or lengthening the road; (6) installation or replacement of meter taps; (7) controlled burning of fields; (8) animal grazing; (9) plowing, if the techniques are similar to those used previously; (10) installation of monuments and sign posts unless within the boundaries of designated historic districts; (11) maintenance of existing trails; (12) land sales and trades of land held by the permanent school fund and permanent university fund; (13) permanent school fund and permanent university fund leases, easements, and permits, including mineral leases and pooling agreements, in which the lessee, grantee, or permittee is specifically required to comply with the provisions of this chapter; (14) oil, gas, or other mineral exploration, production, processing, marketing, refining, or transportation facility or pipeline project in an area where the project will cross state or local public roads, rivers, and streams, unless they contain a recorded archeological site or a designated state land tract in Texas' submerged lands; (15) maintenance, operation, replacement, or minor modification of an existing oil, gas, or other mineral exploration, production, processing, marketing, refining, or transportation facility or pipeline; (16) installation, maintenance, operation, replacement, or minor modification of buried communication facilities located in the right-of-way of an existing road; and (17) any project for which a state permit application has been made prior to promulgation of rules under this section. (f) This section does not apply to any state agency or political subdivision that has entered into a memorandum of understanding for coordination with the committee. (g)(1) If, during the course of a project or class of projects that have complied with the notification requirements of this section, a person encounters an archeological site, the person shall abate activity on the project at the project location and shall promptly notify the committee. Within two business days of notification under this subsection, the committee shall determine whether: (A) a historically significant archeological site is likely to be present in the project area; (B) additional action, if any, is needed to protect the site; and (C) an archeological investigation is necessary. (2) If the committee fails to respond within two business days, the person may proceed without further notice to the committee. (h) The notification required by this section does not apply to a response to a fire, spill, or other emergency associated with an existing facility located on state or local public lands if the emergency requires an immediate response. (i) The committee by rule shall establish procedures to implement this section. Added by Acts 1995, 74th Leg., ch. 109, Sec. 19, eff. Aug. 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1070, Sec. 51, eff. Sept. 1, 1997.
Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/29/2026

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