The Antiquities Code of Texas

Regulations - International

The Antiquities Code of Texas (the Code) was enacted in 1969 to protect archeological sites and historic buildings on public land. The law was precipitated by an incident in the late 1960s wherein a sunken 16th century Spanish treasure ship was plundered without regard for proper archeological controls, and significant historical information was lost. The Code requires state agencies and political subdivisions of the state — including cities, counties, river authorities, municipal utility districts, and school districts — to notify the Texas Historical Commission (THC) of ground-disturbing activity on public land and work affecting state-owned historic buildings. The law also established the designation of State Antiquities Landmark, which may be applied to historic buildings and archeological sites. The Antiquities Code (Texas Natural Resource Code, Title 9, Chapter 191) and accompanying Rules of Practice and Procedure (Texas Administrative Code, Title 13, Chapter 26) can be found under Statutes, Regulations, and Rules.

Examples of projects that require review under the Antiquities Code of Texas include:

• Construction of reservoirs by river authorities and water districts
• Construction of recreational parks or the expansion of existing facilities by city governments
• Energy exploration by private companies on public land
• Construction of water and wastewater lines and treatment plants
• Rehabilitation or demolition of a building owned by a state agency or university that is at least 50 years old

The THC issues antiquities permits for archeological studies or work at designated buildings and structures. The Antiquities Permit Application forms for Archeology and for Historic Buildings & Structures may be downloaded from the Forms page. An archeological permit may be issued only to a professional archaeologist who meets the definition of a principal investigator as defined in Rules of Practice and Procedure for the Antiquities Code of Texas, available in Statutes, Regulations, and Rules. Similarly, the project professional for historic buildings and structures permits generally must be an architect meeting the qualifications listed in the Rules, or under certain circumstances, other qualified professionals or contractors.