CHAPTER 191. ANTIQUITIES CODE

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NATURAL RESOURCES CODE

TITLE 9. HERITAGE

CHAPTER 191. ANTIQUITIES CODE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 191.001. TITLE. This chapter may be cited as the

Antiquities Code of Texas.

Acts 1977, 65th Leg., p. 2683, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 2001, ch. 364,

Sec. 1, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 948, Sec.

1, eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 109, Sec. 18,

eff. Aug. 30, 1995.

Sec. 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.

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

Sec. 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

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.

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.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1182, Sec. 5, eff. June 19, 2009.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 2002, ch. 364,

Sec. 5, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 948, Sec.

4, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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.

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

(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.

Sec. 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.

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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 2006, ch. 364,

Sec. 7, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 948, Sec.

5, eff. Sept. 1, 1987.

Sec. 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.

(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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 2006, ch. 364,

Sec. 7, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 948, Sec.

6, eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 2002, ch. 364,

Sec. 7, eff. Sept. 1, 1983.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 2006, ch. 364,

Sec. 7, eff. Sept. 1, 1983.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1987, 70th Leg., ch. 948, Sec. 7,

eff. Sept. 1, 1987.

Sec. 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.

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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 2008, ch. 364,

Sec. 8, eff. Sept. 1, 1983; Acts 1987, 70th Leg., ch. 948, Sec.

8, eff. Sept. 1, 1987; Acts 1997, 75th Leg., ch. 797, Sec. 1, 2,

eff. June 17, 1997.

Sec. 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

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1987, 70th Leg., ch. 948, Sec. 9,

eff. Sept. 1, 1987.

Sec. 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.

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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 193, ch. 90,

Sec. 1, eff. Aug. 31, 1981; Acts 1987, 70th Leg., ch. 948, Sec.

10, eff. Sept. 1, 1987; Acts 1995, 74th Leg., ch. 109, Sec. 20,

eff. Aug. 30, 1995.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1981, 67th Leg., p. 193, ch. 90,

Sec. 2, eff. Aug. 31, 1981; Acts 1987, 70th Leg., ch. 948, Sec.

11, eff. Sept. 1, 1987.

Sec. 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.

recorded in the deed records of the county in which the land is

located.

Acts 1977, 65th Leg., p. 2687, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1987, 70th Leg., ch. 948, Sec. 12,

eff. Sept. 1, 1987.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1987, 70th Leg., ch. 948, Sec. 13,

eff. Sept. 1, 1987.

Sec. 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.

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

Sec. 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, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977.

SUBCHAPTER F. ENFORCEMENT

Sec. 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, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977.

Sec. 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, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1987, 70th Leg., ch. 948, Sec. 15,

eff. Sept. 1, 1987.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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