(a) Purpose. The purpose of this section is to specify the conditions under which items may be loaned to eligible borrowers for public exhibition. Even if a prospective borrower meets all eligibility requirements for a loan, the decision regarding any and all loans is at the sole discretion of the agency or the commission, as appropriate.

(b) Eligible borrowers. Any public or private cultural heritage or educational institution or organization may request the loan of an item for public exhibition purposes. The Texas State Preservation Board and its exhibit venues will have preference over other archives, museums, and similar public institutions in Texas. Texas archives, museums, and similar public institutions will have preference over out-of-state and private entities. Loans to institutions outside of Texas will generally only be approved for nationally significant exhibitions by major institutions.

(c) Loan Request. Except as provided below and in subsection (e), requests for loans must be submitted to the director and librarian at least 60 days prior to the expected loan receipt date and include the exhibition title, dates of exhibition and loan period, a general description of the exhibition, and complete citations for each item requested. Exceptions to the 60-day requirement are as follows:

(1) Requests for loans of any item by a non-Texas venue must be submitted at least 12 months prior to expected loan receipt date; and

(2) Requests for loans of an item may be approved in less than 60 days if the director and librarian waives the 60-day requirement.

(d) Loan Period. Except as provided in subsection (e), the maximum loan period for any item is six months, unless the agency determines the loan is in the best interest of the state or will provide a benefit to the agency related to public education, outreach, publicity, or promotion of the agency's mission. The director and librarian may recall a loaned item for good cause at any time and will attempt to give reasonable notice thereof.

(e) Special circumstances. Loan requests and loan periods for certain items are subject to additional requirements and conditions as follows:

(1) The maximum loan period for textiles, flags, artworks, photographic materials, documents with faded or vulnerable inks, or any other especially light sensitive or fragile items is three months;

(2) Requests for loan of the original signed manuscript and the printed broadside copy of the Texas Declaration of Independence, the Constitution of Texas (including original drafts), treaties of the Republic of Texas, the Travis Letter, and other items of particular historical significance as determined by the state archivist must be submitted at least 12 months prior to expected loan receipt date and require formal approval of the commission in an open meeting, and: (A) The maximum loan period is 30 days unless the commission determines the exhibition is of special state or national significance; and (B) Requests may be approved in less than 12 months, but in no event less than six months, if the director and librarian recommends waiver of the 12-month requirement and the commission approves.

(f) Loan Agreement. A borrower must sign a written loan agreement documenting the borrower's commitment to compliance with this section and any additional conditions appropriate for the specific loan. Additional conditions may include, but are not limited to, the following:

(1) Borrower may not display items in a location or exhibition other than that cited on the loan agreement without prior written permission from the director and librarian;

(2) Borrower may not transfer physical custody of loaned items to another institution or third party without prior written permission from the director and librarian;

(3) Borrower may not alter, clean, or repair loaned items, perform any conservation treatment, or remove a document from a housing provided by the agency without prior written permission from the director and librarian; and

(4) Borrower will notify the agency promptly if any agreed upon conditions change during the course of exhibition of the item.

(g) Security and Environmental Conditions.

(1) Items must be displayed in a facility equipped with a networked fire monitoring and alarm system with an automatic aqueous or non-aqueous clean agent fire suppression system and fire protection equipment as described in National Fire Protection Association-Standard for the Protection of Cultural Resources Including Museums, Libraries, Places of Worship, and Historic Properties (NFPA909-2021).

(2) Items on loan must be secure at all times. Professional security guards or other trained personnel must regularly patrol exhibition areas during hours of public access. The borrower must have sufficient 24-hour guards or a 24-hour electronic security system to effectively monitor and protect the exhibition, storage, and preparation areas at all times. The commission may require continuous 24-hour onsite guard by a Licensed Texas Peace Officer, Texas Department of Public Safety officer, licensed Texas security guard, or an equivalent officer or guard within the borrower's jurisdiction if the borrower is located in a state other than Texas.

(3) Temperature and humidity levels must be monitored and controlled. A temperature of 70 degrees Fahrenheit, plus or minus 5 degrees, and a relative humidity of 50% plus or minus 5% without rapid fluctuations must be maintained in the storage, preparation, and exhibition areas. Before approving a loan and while items are on loan, the director and librarian may request copies of temperature and humidity readings from the borrower to verify these requirements.

(4) Exhibit venue must be a stationary weather-tight structure with a permanent foundation. Display in portable or temporary buildings or in vehicles is prohibited.

(5) Exhibition cases must be clean, dust-proof, and secured with locks or security screws. Exhibit must be case set into or affixed to a permanent wall, anchored to the floor or foundation, or of such substantial construction as to be immovable without special equipment. Frames must also be clean, dust-proof, and secured to the wall with security screws or other hanging methods approved by the director and librarian. Glass or acrylic sheeting, such as plexiglass, lucite, or polycast must protect all materials displayed in frames or cases. The director and librarian may specify grades of acrylic sheeting that filter ultraviolet light for materials that are especially light sensitive.

(6) The exhibition must be monitored daily to ensure security and stability of documents within the cases and frames as well as adequate maintenance and cleaning of the exhibit area.

(7) Eating, drinking, and smoking must be prohibited in the storage, preparation, and exhibition areas.

(h) Lighting Conditions.

(1) Incandescent or LED lights are the preferred lighting types for exhibition lighting. All light sources must be filtered to remove the ultraviolet component.

(2) When lighting items exhibited in a case, exterior lights shall be used whenever possible. If interior case lights are used, fluorescent or LED lights with ultraviolet filters are preferable to ensure a minimal effect on temperature in the case.

(3) No items may be exhibited where they will be exposed to direct or unfiltered sunlight.

(4) The allowable light level for display of certain items of particular historical significance, as determined by the state archivist, is an illumination of no more than 5 foot-candles or 53.8 lux, measured near the surface of the exhibited item. Exhibits with adjustable fiber optic illumination are preferred. The allowable range of illumination for all other items is 5 - 7 foot-candles or 53.8 - 75.3 lux, where a smaller numerical reading is preferred.

(i) Handling and Installation.

(1) Items may be handled and installed only by a curator, archivist, registrar, exhibit technician, or conservator under contract to or on the staff of the borrower.

(2) The agency may encapsulate or mat documents for loan to minimize dangers associated with handling and exhibition. No item borrowed for exhibition may be altered, cleaned, repaired, or removed from housing provided by the agency without first obtaining written permission from the director and librarian.

(3) The agency may directly supervise the installation of its items.

(4) All items must be handled, supported, and conveyed by means that will prevent damage during transport to and from the borrowing institution and within it.

(5) All items must be given sufficient physical support to prevent damage during exhibition.

(j) Inspections.

(1) An agency staff member may inspect the exhibition area before the loan is approved. If, after an agency staff inspection, in the opinion of the director and librarian any loan requirement cannot be met, the loan will not be made.

(2) Agency staff members or personnel designated by the director and librarian may inspect loaned items at any time during the period of the loan. If agency staff identify any requirement of this section not being met and the borrower is unable to correct the deficiency in a reasonable period of time, the loan will be terminated and the agency will recall the item.

(k) Packing and Transportation.

(1) Unless the agency specifies otherwise, agency staff will pack items going out on loan. The borrower is responsible for packing loan items to return to the agency. All items must be given sufficient support and protection to prevent damage during transit.

(2) The borrower will pay all costs associated with shipping or transporting the items on loan from the agency. Shipping arrangements will be made in consultation with the agency.

(3) Transportation for certain items of particular historical significance, as determined by the state archivist, to and from the borrower location will generally require the services of a DPS escort, armored security contractor, or bonded security courier. The borrower will be responsible for costs associated with transportation and security. The location of the venue and distance from the agency, as well as mode of transportation required to deliver the loan item, will be considered in evaluating the request.

(l) Insurance. Prior to loaning an item, a borrower must provide evidence of all-risk insurance coverage adequate to cover the assigned monetary values for all loaned items from the time the items leave the agency until the time of return. The agency may assign insurance values for loan items at its discretion, based on a new, previous, or similar appraisals or estimates, adjusted if necessary. If an appraised or estimated insurance value is not available, the borrower may be required to pay for an appraisal by a qualified, reputable, and mutually agreed upon appraiser.

(m) Publicity and Credit.

(1) The director and librarian must approve any plans to reproduce loaned items for exhibition-related publications, other publications, and publicity purposes.

(2) Agency materials on exhibition may be photographed by the general public without the use of flash or tripod.

(3) In the exhibition and related publicity, the agency must receive clear and prominent credit. The following credit line shall be used: Archives and Information Services Division, Texas State Library and Archives Commission.

Source Note: The provisions of this §10.3 adopted to be effective March 6, 2023, 48 TexReg 1293