(a) In accordance with Government Code, §441.153(g), a depository may apply to the commission to transfer to the depository title to local historical resources placed in the depository by the commission. The commission shall approve the application only if the transfer of title is in the state's best interest.
(b) To initiate transfer of title to a local historical resource, a depository must submit an application to the State Archivist on the form provided by the commission. The applicant must include all requested information on the application form. The form must be signed by an authorized representative of the depository's institution.
(c) A depository may only apply for transfer of title to local historical resources currently held by the depository for which the commission has accession documentation. A depository may not apply for transfer of any other historical resources. A depository may not apply for transfer of any records of local governments not currently held by the depository on behalf of the commission. A depository must request transfer of all local historical resources in one application.
(d) The State Archivist will review applications and notify the depository whether the application is approved or denied within 30 days of receipt. If the State Archivist is unable to make a determination within 30 days, the State Archivist will notify the depository and provide a new date by which the review will be completed. If a request is denied, the applicant may appeal the decision to the director and librarian. The decision of the director and librarian may not be appealed.
(e) Approved applicants must continue to meet the requirements of §7.3 of this subchapter (relating to Minimum Requirements for Depositories) for local historical resources transferred to the depository under this section.
(f) An application will not be approved if:
  (1) the request is for transfer of title of a state historical resource;
  (2) the request is for transfer of title of a local historical resource not currently held by the depository;
  (3) the application is not signed;
  (4) the depository cannot demonstrate the resource was placed in the depository by the commission;
  (5) the depository is not in compliance with §7.3 of this subchapter (relating to Minimum Requirements for Depositories); or
  (6) the transfer is not in the best interest of the state.

Source Note: The provisions of this §7.10 adopted to be effective August 30, 2020, 45 TexReg 5907