(a) When potential historic properties are identified during implementation of a TxDOT project or unanticipated effects on historic properties are determined, work in the immediate area of the discovery shall cease, and TxDOT shall be notified of the discovery; if appropriate, security measures will be initiated to protect the discovery.
(b) TxDOT will notify the THC within 48 hours of the discovery.
(c) For unanticipated discoveries of archeological materials that do not contain human burials, TxDOT will undertake each of the following additional actions.
  (1) TxDOT will verify that the discovery does not contain human burials. As necessary, TxDOT will obtain and perform this investigation under an emergency permit or other appropriate Antiquities Permit category.
  (2) Upon confirmation that the discovery does not contain human burials, TxDOT may allow construction at the site to proceed.
  (3) TxDOT shall complete or update a State of Texas Archeological Site Data Form based on the available information.
  (4) TxDOT will find that the property comprises an archeological historic property.
  (5) TxDOT will develop a mitigation proposal to resolve the adverse effects of the undertaking on the archeological historic property. This proposal shall not necessarily involve any further excavations at the historic property.
  (6) The level of effort described in the proposal shall be commensurate with the nature of the resource, based on the available information.
  (7) TxDOT will develop the proposal in coordination with THC and obtain the appropriate Antiquities Permit for this work.
(d) For unanticipated discoveries involving human burials, TxDOT shall follow the applicable requirements of the Health and Safety Code, Title 1, Section 711.
  (1) Work may resume in areas outside the boundaries of the cemetery.
  (2) Work may resume in a cemetery area if that cemetery has been removed in compliance with the applicable requirements of the Health and Safety Code, Title 1, Section 711.

Source Note: The provisions of this §2.264 adopted to be effective August 15, 2018, 43 TexReg 5237