NATURAL RESOURCES CODE
TITLE 9. HERITAGE
CHAPTER 191. ANTIQUITIES CODE
SUBCHAPTER A. GENERAL PROVISIONS
§ 191.001. TITLE. This chapter may be cited as the
Antiquities Code of Texas.
Acts 1977, 65th Leg., p. 2683, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 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.
Acts 1977, 65th Leg., p. 2683, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 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.
Acts 1977, 65th Leg., p. 2683, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 2001, ch. 364, § 1,
eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 948, § 1, eff.
Sept. 1, 1987; Acts 1995, 74th Leg., ch. 109, § 18, eff. Aug. 30,
1995.
§ 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, § 1, eff. June 10,
1981.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
§ 191.021. COMPLIANCE WITH OPEN MEETINGS ACT AND
ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT. (a) Repealed by
Acts 1995, 74th Leg., ch. 109, § 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
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 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, § 6, eff. Sept.
1, 1983. Amended by Acts 1995, 74th Leg., ch. 109, § 29, eff.
Aug. 30, 1995.
SUBCHAPTER C. POWERS AND DUTIES
§ 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.
Acts 1977, 65th Leg., p. 2685, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 2002, ch. 364, § 5,
eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 948, § 4, eff.
Sept. 1, 1987.
§ 191.052. RULES. The committee may promulgate rules
and require contract or permit conditions to reasonably effect the
purposes of this chapter.
Acts 1977, 65th Leg., p. 2685, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 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; and
(16) 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, § 19, eff. Aug. 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1070, § 51, eff. Sept. 1,
1997.
§ 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.
Acts 1977, 65th Leg., p. 2685, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 2006, ch. 364, § 7,
eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 948, § 5, eff.
Sept. 1, 1987.
§ 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.
Acts 1977, 65th Leg., p. 2685, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 2006, ch. 364, § 7,
eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 948, § 6, eff.
Sept. 1, 1987.
§ 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.
Acts 1977, 65th Leg., p. 2686, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 2002, ch. 364, § 7,
eff. Sept. 1, 1983.
§ 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.
Acts 1977, 65th Leg., p. 2686, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 2006, ch. 364, § 7,
eff. Sept. 1, 1983.
§ 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.
Acts 1977, 65th Leg., p. 2686, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1987, 70th Leg., ch. 948, § 7, eff. Sept.
1, 1987.
§ 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.
Acts 1977, 65th Leg., p. 2687, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1983, 68th Leg., p. 2008, ch. 364, § 8,
eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 948, § 8, eff.
Sept. 1, 1987; Acts 1997, 75th Leg., ch. 797, § 1, 2, eff. June
17, 1997.
§ 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, § 9, eff. Sept.
1, 1983.
SUBCHAPTER D. STATE ARCHEOLOGICAL LANDMARKS
§ 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.
Acts 1977, 65th Leg., p. 2687, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1987, 70th Leg., ch. 948, § 9, eff. Sept.
1, 1987.
§ 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.
Acts 1977, 65th Leg., p. 2687, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1981, 67th Leg., p. 193, ch. 90, § 1, eff.
Aug. 31, 1981; Acts 1987, 70th Leg., ch. 948, § 10, eff. Sept. 1,
1987; Acts 1995, 74th Leg., ch. 109, § 20, eff. Aug. 30, 1995.
§ 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.
Acts 1977, 65th Leg., p. 2687, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1981, 67th Leg., p. 193, ch. 90, § 2, eff.
Aug. 31, 1981; Acts 1987, 70th Leg., ch. 948, § 11, eff. Sept. 1,
1987.
§ 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.
Acts 1977, 65th Leg., p. 2687, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 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.
Acts 1977, 65th Leg., p. 2688, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 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".
Acts 1977, 65th Leg., p. 2688, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1987, 70th Leg., ch. 948, § 12, eff. Sept.
1, 1987.
§ 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.
Acts 1977, 65th Leg., p. 2688, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1987, 70th Leg., ch. 948, § 13, eff. Sept.
1, 1987.
§ 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, § 10, eff. Sept.
1, 1983. Amended by Acts 1987, 70th Leg., ch. 948, § 14, eff.
Sept. 1, 1987.
SUBCHAPTER E. PROHIBITIONS
§ 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.
Acts 1977, 65th Leg., p. 2688, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 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.
Acts 1977, 65th Leg., p. 2688, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 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.
Acts 1977, 65th Leg., p. 2688, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
SUBCHAPTER F. ENFORCEMENT
§ 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.
Acts 1977, 65th Leg., p. 2689, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 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.
Acts 1977, 65th Leg., p. 2689, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 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.
Acts 1977, 65th Leg., p. 2689, ch. 871, art. I, § 1, eff. Sept. 1,
1977.
§ 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.
Acts 1977, 65th Leg., p. 2689, ch. 871, art. I, § 1, eff. Sept. 1,
1977. Amended by Acts 1987, 70th Leg., ch. 948, § 15, eff. Sept.
1, 1987.
