| 1 | 1 | | 81R10866 SMH-D |
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| 2 | 2 | | By: Deuell S.B. No. 1829 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the collection of artifacts from public waterways. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter C, Chapter 191, Natural Resources |
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| 10 | 10 | | Code, is amended by adding Section 191.060 to read as follows: |
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| 11 | 11 | | Sec. 191.060. COLLECTION OF ARTIFACTS FROM PUBLIC |
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| 12 | 12 | | WATERWAYS. (a) In this section, "artifact" means an artifact, |
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| 13 | 13 | | including a stone implement, pottery or pottery shards, a bone tool |
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| 14 | 14 | | other than a tool made of human bone, or another item made by |
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| 15 | 15 | | prehistoric or historic American Indians or aborigines or early |
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| 16 | 16 | | settlers of land in this state. |
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| 17 | 17 | | (b) The committee may issue a permit to a private individual |
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| 18 | 18 | | to collect artifacts from public waterways in this state other than |
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| 19 | 19 | | a waterway located in a state park or in land administered by the |
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| 20 | 20 | | federal government. Except as otherwise provided by this section, |
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| 21 | 21 | | a private individual must hold a permit issued by the committee to |
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| 22 | 22 | | collect artifacts from public waterways in this state. |
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| 23 | 23 | | (c) To be eligible for a permit, a private individual: |
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| 24 | 24 | | (1) must be at least 16 years of age; |
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| 25 | 25 | | (2) may not have been convicted of a misdemeanor |
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| 26 | 26 | | during the preceding five years; and |
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| 27 | 27 | | (3) may not have been convicted of a felony. |
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| 28 | 28 | | (d) A private individual who is younger than 16 years of age |
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| 29 | 29 | | is not required to hold a permit to collect artifacts from public |
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| 30 | 30 | | waterways in this state if the individual engages in the collection |
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| 31 | 31 | | of artifacts from public waterways in this state only while the |
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| 32 | 32 | | individual is in the company of a holder of a permit issued under |
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| 33 | 33 | | this section. |
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| 34 | 34 | | (e) A permit issued under this section must be renewed |
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| 35 | 35 | | annually. The committee may charge a fee not to exceed $75 for |
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| 36 | 36 | | renewing a permit. |
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| 37 | 37 | | (f) A private individual may collect artifacts only from the |
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| 38 | 38 | | surface of the undisturbed portions of gravel bars on and the |
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| 39 | 39 | | shorelines of all rivers, creeks, lakes, and waterways owned or |
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| 40 | 40 | | administered by this state other than a waterway located in a state |
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| 41 | 41 | | park or in land administered by the federal government. Artifacts |
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| 42 | 42 | | may be collected only by hand, by the use of a stick or pole to flip |
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| 43 | 43 | | stones or other obstacles, or by the use of a hand-held sifter no |
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| 44 | 44 | | larger than 24 inches by 18 inches. A private individual may not |
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| 45 | 45 | | collect artifacts by means of a shovel, trowel, rake, spade, hoe, or |
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| 46 | 46 | | other implement the purpose of which is to remove, dislocate, or |
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| 47 | 47 | | overturn soil. |
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| 48 | 48 | | (g) A private individual must report to the committee |
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| 49 | 49 | | regularly in accordance with guidelines adopted by the committee |
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| 50 | 50 | | regarding any artifacts found by the individual. The committee may |
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| 51 | 51 | | provide for filing reports under this subsection electronically and |
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| 52 | 52 | | may require an individual who files a report electronically to |
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| 53 | 53 | | submit a digital photograph of any artifact found. The committee |
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| 54 | 54 | | shall maintain a database of the reports filed under this |
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| 55 | 55 | | subsection. |
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| 56 | 56 | | (h) This state is entitled to purchase any artifact found by |
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| 57 | 57 | | a private individual in a public waterway in this state for the |
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| 58 | 58 | | artifact's fair market value if the committee determines that the |
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| 59 | 59 | | public interest would be served by this state acquiring ownership |
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| 60 | 60 | | of the artifact. If the committee makes such a determination, the |
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| 61 | 61 | | committee shall notify the individual. If this state purchases an |
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| 62 | 62 | | artifact, the artifact becomes the permanent property of this |
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| 63 | 63 | | state. |
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| 64 | 64 | | (i) The committee may assign to an archeologist the |
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| 65 | 65 | | responsibility to receive reports under Subsection (g), maintain a |
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| 66 | 66 | | database of reports filed under that subsection, and make initial |
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| 67 | 67 | | determinations under Subsection (h) on behalf of the committee for |
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| 68 | 68 | | a designated public waterway. |
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| 69 | 69 | | (j) If the committee does not notify a private individual |
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| 70 | 70 | | who has found an artifact before the first anniversary of the date |
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| 71 | 71 | | the individual reported the finding to the committee that the |
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| 72 | 72 | | committee has determined that the public interest would be served |
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| 73 | 73 | | by this state acquiring ownership of the artifact, the individual |
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| 74 | 74 | | is the exclusive owner of the artifact with all of the rights and |
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| 75 | 75 | | privileges of private personal property ownership, except as |
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| 76 | 76 | | provided by this subsection. A state agency is entitled to borrow |
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| 77 | 77 | | for study an artifact found by a private individual on a public |
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| 78 | 78 | | waterway before or after a determination is made under Subsection |
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| 79 | 79 | | (h). A state agency may not borrow an artifact for more than one |
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| 80 | 80 | | year. A state agency that borrows an artifact shall pay the |
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| 81 | 81 | | expenses of shipping and handling the artifact. |
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| 82 | 82 | | (k) A private individual who engages in the collection of |
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| 83 | 83 | | artifacts on public waterways must report to the committee: |
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| 84 | 84 | | (1) any discovery of human remains, including a tool |
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| 85 | 85 | | or other artifact made of human bone, or a burial site on a public |
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| 86 | 86 | | waterway; |
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| 87 | 87 | | (2) any newly discovered or unrecorded archeological |
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| 88 | 88 | | site; or |
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| 89 | 89 | | (3) any illegal collection of artifacts on public |
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| 90 | 90 | | waterways observed, including collection of artifacts: |
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| 91 | 91 | | (A) without a permit; or |
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| 92 | 92 | | (B) by illegal means, including; |
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| 93 | 93 | | (i) digging or excavating; |
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| 94 | 94 | | (ii) using a propeller of a vessel to remove |
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| 95 | 95 | | sediment from a site; or |
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| 96 | 96 | | (iii) using a power hose to uncover |
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| 97 | 97 | | artifacts. |
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| 98 | 98 | | (l) A holder of a permit issued under this section shall |
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| 99 | 99 | | cooperate in a reasonable and open manner with any archeologist or |
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| 100 | 100 | | historian employed by the committee or another state agency. |
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| 101 | 101 | | (m) It is a defense to prosecution for an offense under this |
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| 102 | 102 | | chapter involving the collection of artifacts from a public |
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| 103 | 103 | | waterway in this state before September 1, 2009, that the private |
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| 104 | 104 | | individual who collected the artifacts: |
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| 105 | 105 | | (1) collected them in the manner provided by |
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| 106 | 106 | | Subsection (f); and |
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| 107 | 107 | | (2) holds a permit issued under this section. |
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| 108 | 108 | | SECTION 2. This Act takes effect September 1, 2009. |
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