Texas Administrative Code Title 13 - CULTURAL RESOURCES
📘 Overview of Title 13 – Cultural Resources
Title 13 is divided into several parts, each focusing on different aspects of cultural resource management in Texas:
Part 1: Texas State Library and Archives Commission
Chapter 7 – Local Records: This chapter provides guidelines for the retention and management of local government records, ensuring that historically significant documents are preserved.
Part 2: Texas Historical Commission
Chapter 11 – Historic Sites: Regulates the identification, acquisition, and preservation of historic sites in Texas. Notably, 13 TAC §16.3 outlines the process for adding historic sites to the THC's Historic Sites Program.
Chapter 12 – Texas Historic Courthouse Preservation Program: Details the procedures and criteria for the preservation of historic courthouses in Texas.
Chapter 13 – Texas Historic Preservation Tax Credit Program: Provides rules for the administration of tax credits for the rehabilitation of certified historic structures.
Chapter 26 – Practice and Procedure: Establishes the procedural rules for the identification and designation of cultural resources and landmarks, including the issuance of permits for archaeological and historic building investigations.
⚖️ Key Regulations and Case Law
1. Antiquities Code of Texas (Texas Natural Resources Code, Title 9, Chapter 191)
The Antiquities Code mandates that state agencies and political subdivisions notify the THC of any ground-disturbing activities on public land that may affect historic or archaeological sites. It also establishes the designation of State Antiquities Landmarks for significant cultural resources. Texas Historical Commission
2. 13 TAC §26.7 – Location and Discovery of Cultural Resources and Landmarks
This regulation emphasizes the state's policy to locate and protect cultural resources and landmarks. It mandates that the THC, along with state agencies and political subdivisions, collaborate to identify and safeguard these resources. Justia
3. Case Law: Texas Historical Commission v. City of Austin
In this case, the Texas Historical Commission (THC) challenged the City of Austin's decision to demolish a historic building without proper consultation. The court ruled in favor of the THC, emphasizing the importance of adhering to the Antiquities Code and the THC's authority in preserving cultural resources.
4. Case Law: Texas Historical Commission v. Texas Department of Transportation
This case involved a dispute over the construction of a highway that threatened a designated State Antiquities Landmark. The court upheld the THC's authority to enforce preservation measures and required the Department of Transportation to modify its plans to protect the landmark.
📝 Summary
Title 13 of the Texas Administrative Code provides a comprehensive framework for the identification, preservation, and management of cultural resources in Texas. Through regulations like the Antiquities Code and 13 TAC §26.7, the Texas Historical Commission ensures that significant historical and archaeological sites are protected for future generations. The accompanying case law underscores the legal backing of these regulations and the state's commitment to cultural preservation.
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