82R6606 SMH-D
By: Deuell S.B. No. 1516
A BILL TO BE ENTITLED
AN ACT
relating to the collection of artifacts from public waterways.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 191, Natural Resources
Code, is amended by adding Section 191.060 to read as follows:
Sec. 191.060. COLLECTION OF ARTIFACTS FROM PUBLIC
WATERWAYS. (a) In this section, "artifact" means an artifact,
including a stone implement, pottery or pottery shards, a bone tool
other than a tool made of human bone, or another item made by
prehistoric or historic American Indians or aborigines or early
settlers of land in this state.
(b) The committee may issue a permit to a private individual
to collect artifacts from public waterways in this state other than
a waterway located in a state park or in land administered by the
federal government. Except as otherwise provided by this section,
a private individual must hold a permit issued by the committee to
collect artifacts from public waterways in this state.
(c) To be eligible for a permit, a private individual:
(1) must be at least 16 years of age;
(2) may not have been convicted of a misdemeanor
during the preceding five years; and
(3) may not have been convicted of a felony.
(d) A private individual who is younger than 16 years of age
is not required to hold a permit to collect artifacts from public
waterways in this state if the individual engages in the collection
of artifacts from public waterways in this state only while the
individual is in the company of a holder of a permit issued under
this section.
(e) A permit issued under this section must be renewed
annually. The committee may charge a fee not to exceed $75 for
renewing a permit.
(f) A private individual may collect artifacts only from the
surface of the undisturbed portions of gravel bars on and the
shorelines of all rivers, creeks, lakes, and waterways owned or
administered by this state other than a waterway located in a state
park or in land administered by the federal government. Artifacts
may be collected only by hand, by the use of a stick or pole to flip
stones or other obstacles, or by the use of a hand-held sifter no
larger than 24 inches by 18 inches. A private individual may not
collect artifacts by means of a shovel, trowel, rake, spade, hoe, or
other implement the purpose of which is to remove, dislocate, or
overturn soil.
(g) A private individual must report to the committee
regularly in accordance with guidelines adopted by the committee
regarding any artifacts found by the individual. The committee may
provide for filing reports under this subsection electronically and
may require an individual who files a report electronically to
submit a digital photograph of any artifact found. The committee
shall maintain a database of the reports filed under this
subsection.
(h) This state is entitled to purchase any artifact found by
a private individual in a public waterway in this state for the
artifact's fair market value if the committee determines that the
public interest would be served by this state acquiring ownership
of the artifact. If the committee makes such a determination, the
committee shall notify the individual. If this state purchases an
artifact, the artifact becomes the permanent property of this
state.
(i) The committee may assign to an archeologist the
responsibility to receive reports under Subsection (g), maintain a
database of reports filed under that subsection, and make initial
determinations under Subsection (h) on behalf of the committee for
a designated public waterway.
(j) If the committee does not notify a private individual
who has found an artifact before the first anniversary of the date
the individual reported the finding to the committee that the
committee has determined that the public interest would be served
by this state acquiring ownership of the artifact, the individual
is the exclusive owner of the artifact with all of the rights and
privileges of private personal property ownership, except as
provided by this subsection. A state agency is entitled to borrow
for study an artifact found by a private individual on a public
waterway before or after a determination is made under Subsection
(h). A state agency may not borrow an artifact for more than one
year. A state agency that borrows an artifact shall pay the
expenses of shipping and handling the artifact.
(k) A private individual who engages in the collection of
artifacts on public waterways must report to the committee:
(1) any discovery of human remains, including a tool
or other artifact made of human bone, or a burial site on a public
waterway;
(2) any newly discovered or unrecorded archeological
site; or
(3) any illegal collection of artifacts on public
waterways observed, including collection of artifacts:
(A) without a permit; or
(B) by illegal means, including;
(i) digging or excavating;
(ii) using a propeller of a vessel to remove
sediment from a site; or
(iii) using a power hose to uncover
artifacts.
(l) A holder of a permit issued under this section shall
cooperate in a reasonable and open manner with any archeologist or
historian employed by the committee or another state agency.
(m) It is a defense to prosecution for an offense under this
chapter involving the collection of artifacts from a public
waterway in this state before September 1, 2011, that the private
individual who collected the artifacts:
(1) collected them in the manner provided by
Subsection (f); and
(2) holds a permit issued under this section.
SECTION 2. This Act takes effect September 1, 2011.