STATE AND TRIBAL LAWS AND REGULATIONS
(as of February 2005)
Date Enacted: 1969, most recently amended 1991
Summary: Texas does not have specific NAGPRA-type legislation to protect human remains in unmarked graves. It’s Antiquities Code incorporates all prehistoric and historic sites including American Indian or aboriginal campsites, dwellings and habitation sites. Responsibility for protecting sites is placed in the Texas Historical Commission which issues permits for excavations. §131 of the Antiquities Codes prohibits anyone from intentionally or knowingly defacing an American Indian or aboriginal site including burials. This section also requires owners permission for actions on private lands. The Health and Safety codes deal with general provisions pertaining to abuse of corpse. Penalties are misdemeanors with fines between $25-$1,000.
Online State Law Source: http://www.capitol.state.tx.us/
Permitting: The Texas Historic Commission issues permits.
Penalties: Penalties are misdemeanors with fines between $50-$1,000 and/or 30 days imprisonment.
Review/Consultation Committee: Not specified.
Indian Affairs Office/Department:
Tribal Websites:
Resources: Antiquities Code (Texas Code Ann. §191); Rules of Practice and Procedure for the Antiquities Code of Texas; Heath and Safety (Texas Code Ann. §711.001 and §711.004); Cultural Resources Consultation (Texas Code Ann. Title 13 Part 2 Chapter 25 Section 25.4).
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