H.B. No. 2473
AN ACT
relating to certain state publications maintained by the Texas
State Library and Archives Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 441.101(2) and (4), Government Code,
are amended to read as follows:
(2) "Depository library" means the Texas State
Library, the Legislative Reference Library, the Library of
Congress, the Center for Research Libraries, or any other library
that the commission designates as a site for retaining and allowing
public access to state publications [depository library].
(4) "State publication":
(A) means information in any format, including
materials in a physical format or in an electronic format, that:
(i) is produced by the authority of or at
the total or partial expense of a state agency or is required to be
distributed under law by the agency; and
(ii) is publicly distributed outside the
agency by or for the agency; and
(B) does not include information the
distribution of which is limited to:
(i) contractors with or grantees of the
agency;
(ii) persons within the agency or within
other government agencies; or
(iii) members of the public under a request
made under the open records law, Chapter 552.
SECTION 2. Section 441.102(c), Government Code, is amended
to read as follows:
(c) The commission shall establish and maintain a system,
named the "Texas Records and Information Locator," or "TRAIL," to
allow electronic access, including access through the Internet, at
the Texas State Library and other depository libraries to state
publications [in an electronic format] that have been made
available to the public through the Internet by or on behalf of a
state agency.
SECTION 3. Section 441.103, Government Code, is amended by
amending Subsections (a) and (b) and adding Subsections (f) and (g)
to read as follows:
(a) A state agency shall designate one or more staff persons
as agency publications liaisons [contact persons] and shall notify
the Texas State Library of those persons' identities. A
publications liaison [contact person] shall maintain a record of
the agency's state publications and shall furnish to the Texas
State Library a list of the agency's new state publications as they
become available.
(b) A state agency shall furnish copies of its state
publications that exist in a physical format to the Texas State
Library in the number specified by commission rules. On the
creation [printing] of or awarding of a contract for the production
[printing] of a publication in a physical format, a state agency
shall arrange for the required number of copies to be deposited with
the Texas State Library. The commission may not require more than
75 copies of a [printed] state publication in a physical format.
(f) A state agency shall include, for any of its
publications available on the Internet, identifying and
descriptive information about the publication as specified by
commission and Department of Information Resources rules.
(g) If an electronic state publication is not printed or
available from the state agency's website, the state agency shall
furnish the Texas State Library copies in a manner prescribed by
commission rules. The commission may not require more than 75
copies of the publication.
SECTION 4. Section 441.104, Government Code, is amended to
read as follows:
Sec. 441.104. DUTIES OF TEXAS STATE LIBRARY. The Texas
State Library shall:
(1) acquire, organize, [and] retain, and provide
access to state publications;
(2) collect state publications and distribute them to
depository libraries;
(3) establish a [microform] program for the
preservation and management of state publications and make
available state publications in alternative formats [microform] to
depository libraries and other libraries at a reasonable cost;
(4) periodically issue a list of all state
publications that it has received in a physical format to all
depository libraries and other libraries on request;
(5) catalog, classify, and index all state
publications that it receives and distribute the cataloging,
classification, and indexing information to depository libraries
and to other libraries on request;
(6) ensure that state publications are fully
represented in regional and national automated library networks;
(7) index all state publications that are available
through the Internet [in an electronic format] and make the index
available through the Internet [in an electronic format]; and
(8) [provide on-line access to state publications that
can be accessed on-line; and
[(9)] provide other depository libraries appropriate
access, at no charge, to state publications available in an
electronic format.
SECTION 5. Section 441.106, Government Code, is amended to
read as follows:
Sec. 441.106. PAYMENT FOR PRINTING OF STATE PUBLICATIONS.
If a state agency's printing is done by contract, an account for the
printing may not be approved and a warrant may not be issued unless
the agency first furnishes to the Texas Building and Procurement
[State Purchasing and General Services] Commission a receipt from
the state librarian for the publication or a written waiver from the
state librarian exempting the publication from this subchapter.
SECTION 6. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2473 was passed by the House on May 9,
2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2473 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor