SUBCHAPTER H. SALE OF INDIAN ARTICLES

Sec. 17.851.  DEFINITIONS.  In this subchapter:
(1)  "American Indian" or "Indian" means an individual who is an enrolled member of a federally or state recognized American Indian tribe, band, nation, rancheria, or pueblo or who is an Alaska Native and a member of an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. Sec. 1601 et seq.).
(2)  "Authentic Indian arts and crafts" means any product that:
(A)  is Indian handcrafted;  and
(B)  is not made by machine or from unnatural materials, except stabilized or treated turquoise.
(3)  "Nonauthentic Indian arts and crafts" means any product that is made to imitate or resemble authentic Indian arts and crafts and that:
(A)  is not Indian handcrafted;  or
(B)  is made by machine or from unnatural materials, except stabilized or treated turquoise.
(4)  "Indian handcrafted" means the skillful and expert use of the hands in making products solely by Indians within the United States, including the use of findings and hand tools and equipment for buffing, polishing, grinding, drilling, or sewing.
(5)  "Made by machine" means the producing or reproducing of a product in mass production by mechanically stamping, casting, blanking, or weaving.
(6)  "Findings" means an ingredient that adapts the product of which it is a part for wearing or display, including ceramic, glass, or silver beads, leather backing, binding material, bolo tie clips, tie bar clips, tie tac pins, earring pins, earring clips, earring screw backs, cuff link toggles, money clips, pin stems, combs, and chains.
(7)  "Turquoise" means a hydrous copper sulphate containing aluminum salts plus iron.
(8)  "Natural turquoise" means turquoise, exclusive of any backing material, the composition of which has not been chemically or otherwise altered.
(9)  "Stabilized turquoise" means turquoise, excluding any backing material, that has been chemically hardened, but not adulterated so as to change the color of the natural mineral.
(10)  "Treated turquoise" means turquoise, excluding any backing material, that has been altered to produce a change in the coloration of the natural mineral.
(11)  "Simulated turquoise" means:
(A)  reconstituted turquoise, which is turquoise dust or particles that are mixed with plastic resins and are compressed into a solid form so as to resemble natural turquoise;  or
(B)  imitation turquoise, which is any compound or mineral that is manufactured or treated so as to closely approximate turquoise in appearance.
Added by Acts 1989, 71st Leg., ch. 897, Sec. 1, eff. Aug. 28, 1989.