(a) The commission shall use one or more of the following criteria when assessing the appropriateness of official landmark designation, and/or the need for further investigations under the permit process:      
        (1) the site has the potential to contribute to a better understanding of the prehistory and/or history of Texas by the addition of new and important information;       
        (2) the site's archeological deposits and the artifacts within the site are preserved and intact, thereby supporting the research potential or preservation interests of the site;       
        (3) the site possesses unique or rare attributes concerning Texas prehistory and/or history;       
        (4) the study of the site offers the opportunity to test theories and methods of preservation, thereby contributing to new scientific knowledge; and       
        (5) there is a high likelihood that vandalism and relic collecting has occurred or could occur, and official landmark designation is needed to ensure maximum legal protection, or alternatively, further investigations are needed to mitigate the effects of vandalism and relic collecting when the site cannot be protected.       
      (b) The commission shall use one or more of the following criteria when assessing the verification of the existence of a cemetery:      
        (1) the location contains interments that are confirmed through assessments or investigations consented by the landowner and performed by a professional archeologist or other individuals as defined by §711.0105(a) of the Health and Safety Code of Texas;       
        (2) the location contains human burial caskets or other containers or vessels that contain human remains or are contextually known to have been used to inter human remains;       
        (3) the location contains articulated human remains that were deliberately interred; or       
        (4) the location contains a burial pit or burial pit features.       
     Source Note:        The provisions of this §26.10 adopted to be effective May 20, 2013, 38 TexReg 2980; amended to be effective December 31, 2017, 42 TexReg 7383