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TEXAS

Citation: Antiquities Code (Texas Code Ann. §191); Heath and Safety (Texas Code Ann. §711.004).

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.

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Jurisdiction: State lands and waters and private lands. 
Statute of Limitations: Not specified. 
Areas Covered Under Act: Archaeological sites, including American Indian burials. 
Ownership: State claims responsibility for state lands and waters. 
Review/Consultation Committee: Not specified. 
Liable: Anyone who violates the act and disturbs a site without a permit or permission from the private land owner. 
Penalties: Penalties are misdemeanors with fines between $25-$1,000. 
Exemptions: Not specified. 
Permitting: The Texas Historic Commission issues permits.