(a) A continuing inventory of nonrenewable archeological resources is maintained and includes data pertinent to archeological sites in Texas. Information from other sources is included.
(b) Request for access. Any person who desires access to the statewide inventory shall make their request in accordance with the rules set forth in Chapter 24 of this title (relating to Restricted Cultural Resource Information).
(c) Withholding information. Any specific information in the inventory of sites may be withheld from publication or from the public if the state archeologist deems that disclosure would be likely to result in harm to the resources. Information that may be withheld includes, but is not limited to, site records, locational information, notes, photographs, maps, spatial imagery, reports, and electronic data, including Restricted Cultural Resource Information contained within the Texas Historic Sites Atlas, as defined in §24.7 of this title (relating to Definitions).
(d) Conditions. Determinations to withhold information will be made by the state archeologist on the facts of each request for information and are based on the following conditions:
  (1) ownership of the resource, where disclosure of information may lead to infringement of the legal rights of private landowners;
  (2) significance of the resource, in that significance reflects the magnitude of potential loss caused by damage to the resource;
  (3) quality and amount of evaluative data available for the resource, in that insufficient data can impede an accurate determination of the character and significance of the resource;
  (4) location of the resource in relation to other nearby and/or related resources, in that withholding of site location and/or data may help protect other resources;
  (5) existing protective measures in place at the resource, such as state antiquities landmark designation, conservation easement, and/or maintenance as a historic site, park or other facility with on-site supervisory personnel; and
  (6) previous and widespread general knowledge of the location and character of a resource, in that information relating to well-known landmarks, historic sites, and/or other public resources will not arbitrarily be withheld.

Source Note: The provisions of this §25.5 adopted to be effective May 20, 2013, 38 TexReg 2977