Texas Register, Volume 37, Number 1, Pages 1-84, January 6, 2012 Page: 22
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pointme shalt be three years. To a w fo staggered terms two of
the first ppointments wi be for the fult th ee-year term, to be deter-
mined by random selection
(-4- The Collections Review Committee's responsibilities
primarily focus on the advisory review of staf recommendations
eing equisitions-~ deaeessions- and ns. The committee may
conduct its advisory eview process 4ia rcor rp ne e, but shall meet
as a group at least once a year prior to each year's firnt meeting of the
State Preservation Board- and shal report t the boad along with the
curator of the Capit on the status of the collections based 4e the pr4
year's etiv4ties- The urato of theGapiteandetherrelated staffshall
attend each committee meeting and shall assist withthe formulation of
the meeting's agenda-
(c) Methods of acquisition.
(1) The office of the State Preservation Board shall acquire
the collections through purchase, gift, bequest, or any other transac-
tion consistent with applicable state or federal requirements by which
title to objects is transferred to the board. To the extent practicable,
the board shall use gifts of property made to the board for the purpose
specified by the grantor. The board may refuse a gift if in the board's
judgment the purpose specified by the grantor conflicts with the goal of
preserving the historic character of the buildings under the board's con-
trol. [The office of the State Preservation Board shalt acquire object
unencumbered by conditions imposedby the owner dene onsignee,
of by tenure he material itself unless otherwise approved bythe
board-] The curator of the Capitol will report to the board on new ac-
quisitions and request the board's formal approval of the acquisitions
at each meeting of the board.
(2) Prior to purchase, the office of the State Preservation
Board will attempt to acquire the object or comparable material through
gift, bequest, or transfer. Only items which the office of the State
Preservation Board feels can be given proper care for an indefinite pe-
riod of time will be acquired. Items known to have questionable prove-
nance or title or obtained through illicit trade shall not be acquired.
Only when the office of the State Preservation Board has determined
to the best of its ability that material has been collected, exported, or
imported in compliance with the laws and regulations of the country of
origin, of the federal government of the United States, and of individual
states within the United States, shall material be acquired by the board.
The office of the State Preservation Board will conduct its collecting
activities with a reasonable certainty that its approach is consistent with
the spirit and intent of these laws and programs.
(3) If it determined that an object offered for acquisition is
stolen property or has entered the United States illegally, the office of
the State Preservation Board will report all pertinent facts, in writing,
to [the Collections Review Committee and] the board.
(d) Donation, bequests, purchases, and other transactions.
(1) To the extent practicable, the board shall use gifts of
property made to the board for the purpose specified by the grantor. The
board may refuse a gift if in the board's judgment the purpose specified
by the grantor conflicts with the goal of preserving the historic charac-
ter of the buildings under the board's control. [All donations shall be
referred by the ofice of the tate Preservation Board to the Collee-
tions Review Committee fr tadvisery review and emment Taking
into consideration the comments of the Colleetions Review Commit-
tee- ifdtionis neneumbered andme e sthepurposes oftheb ,oar-
the ofice of the State Preservation Board may aeeept the material for
reeI-t If the item is encumbered in any manner the donation shall be
submitted for prior approval te the board-] All encumbrances shall be
stated clearly in an instrument of conveyance, shall be made part of the
State Preservation Board permanent record, and shall be observed bythe executive director and the curator of the Capitol of the State Preser-
vation Board. Whenever possible donations should be accompanied by
funds which will be restricted to an endowment for conservation and
collection. Applicable Internal Revenue Service rules related to dona-
tions shall be adhered to by all relevant parties.
(2) In the absence of indication to the contrary, the State
Preservation Board, the executive director and[;] the curator of the
Capitol[ and the Collections Review Committee] shall assume that all
donors are sole owners and shall have no responsibility for confirming
ownership. In addition, if the donor possesses copyright to material,
he shall be encouraged to relinquish and transfer to the board all right,
title, and interest in copyright and transfer the exclusive rights of repro-
duction, adaptation, and distribution to the board. If this is not agreed
upon, the material shall be treated as an encumbered donation.
(3) The board reserved the right to accept or refuse any be-
quest of collection material or any part thereof made to it. In reviewing
a bequest, the board shall follow the same procedures as for donations.
(4) [All items considered f&r purchase shalt be referred by
the rator ofthe Capitl tothe Colletions Review Committee for ad-
visery review and comment] A written appraisal from a licensed ap-
praiser shall be obtained by the curator prior to the purchase of items
over $10,000 and otherwise deemed advisable. Taking into consider-
ation the comments [ef the committee and the recommendations] of
the curator of the Capitol, the office of the State Preservation Board
may purchase items under $10,000 given the availability of necessary
funds. Items over $10,000 shall require the approval of the board prior
to purchase.
(5) The board may also acquire items through interagency
transfer as provided by the Texas Government Code, 443.017 and
other applicable state law.
(6) Any other transaction by which title to material is trans-
ferred to the board shall be approved by the board upon the recommen-
dation of the executive director of the State Preservation Board and[;]
the curator of the Capitol [and the advisory review f he Clletions
Review Cofmmitee].
(7) Board members or[;] staff of the State Preservation
Board[ er Collections Review Committee members] shall not give
appraisals, either of donations, of privately owned materials, or other-
wise; however, upon request of the curator of the Capitol may suggest
possible appraisers to the potential donor. In most cases, at least three
appraisers should be suggested.
(8) State law provides that in most cases all records of a
governmental body are open to the public following procedures es-
tablished under the Open Records Act. One exception to that rule is
information pertaining to appraisals or the purchase price of personal
property for public purposes prior to the formal award of the contract.
(e) Deaccessioning.
(1) The board may deaccession material in order to refine
its collections and effect exchanges or purchases of material more in
keeping with its purposes. All material considered for deaccession-
ing by the curator of the Capitol must be [referred to the Colleetions
Review Committee for advisory re-vie-w and then] approved by the ex-
ecutive director of the State Preservation Board and the board prior to
deaccession. No donated object shall be deaccessioned for any reason
for two years and one day after the date of its acquisition.
(2) The procedures for deaccessioning material from the
Capitol collections shall be consistent with those procedures estab-
lished by Article 601b, Vernon's Civil Statutes. Items shall not be re-
turned to donors. However, when applicable, the donor shall not be37 TexReg 22 January 6, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 1, Pages 1-84, January 6, 2012, periodical, January 6, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth215965/m1/21/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.