SECTION 24.3. Scope

The intent of these rules is to restrict access to specific cultural resource data to those individuals that have a legitimate scientific or legal interest in obtaining and using that information. The intent is not to limit the public's use of all information that the commission has within its libraries, files, documents, and the THSA database; however, as provided for in §442.007(f) of the Texas Government Code, and §191.004(a-c) of the Texas Natural Resources Code, the commission can determine what cultural resource information is sensitive and what information needs to be restricted due to potential dangers to those resources. The cultural resources that the commission considers to be at risk include archeological sites, shipwrecks, certain historic structures and engineering features. Public disclosure of any information relating to the location or character of these resources would increase their risk of harm, theft or destruction. Therefore, this information is defined as restricted and is not subject to public disclosure under state law. Restrictions on who can obtain data and how the data are used is within the legal authority of the commission, and can be defined through the rule-making authority of the commission.

Source Note: The provisions of this §24.3 adopted to be effective December 6, 1998, 23 TexReg 11920.