BILL ANALYSIS
S.B. 366
By: Armbrister (Telford)
April 12, 1995
Committee Report (Amended)
BACKGROUND
The Texas State Library and Archives Commission (TSLAC) and its
six-member Commission originated with the creation of the National
Library of the Republic of Texas in 1839. The Texas Library and
Historical Commission was created in 1909 and in 1979 was renamed
the Texas State Library and Archives Commission. TSLAC is
responsible for assisting with the creation and development of
local public libraries, providing materials to Texans who are
unable to read standard print, developing and administering state
and local government records management programs and serving as a
depository and clearinghouse for state and federal documents. The
agency carries out its programs and functions through a six member
Commission appointed by the Governor. The Commission is required
by statute to appoint the director and librarian who carries out
the agency's administrative and executive functions. The agency
had a budget of $18,345,243 and 210 employees for fiscal year 1993.
The Texas State Library and Archives Commission is subject to the
Sunset Act and will be abolished September 1, 1995 unless continued
by the Legislature. As a result of its review of the agency, the
Sunset Advisory Commission recommended continuation and several
statutory modifications that are contained in this legislation.
PURPOSE
The purpose of this bill is to continue the Texas State Library and
Archives Commission for a 12-year period and make statutory
modifications recommended by the Sunset Advisory Commission. The
modifications proposed by this bill:
- require the Council on Competitive Government to review
the Texas State Library's commercially available
microfilming, records storage and records destruction
services to determine if the services should be
competitively procured;
- establish a cost recovery procedure for the storage of
records at the State Records Center;
- authorize the Texas State Library to create a state-funded grant program to meet the information needs of
Texans and local libraries that cannot be adequately
addressed by other programs;
- abolish the Records Management and Preservation Advisory
Committee and replace it with a seven-member interagency
coordinating council;
- require the Texas State Library to develop an index of
state agency publications available on-line and provide
access to state agency electronic publications in
cooperation with other agencies.
- authorize local governments to adopt the records
retention schedules developed by the Texas State Library
as their own, rather than developing similar schedules
themselves;
- reduce the size and modify the composition and duties
of the Local Government Records Committee;
- allow libraries operated by public school districts,
institutions of higher education or units of state or
local government to become members of major resource
systems;
- provide state agencies as well as the commission with
authority to recover state government documents that
were illegally removed from state possession; and
- provide for other changes.
RULEMAKING AUTHORITY
In the committee's opinion, this bill grants rulemaking authority
to the Texas State Library and Archives Commission in the following
sections: SECTION 1 - Section 441.001, Government Code, SECTION 2
- Section 441.0011, SECTION 3 - Section 441.002, SECTION 4 -
Section 441.004, SECTION 5 - Section 441.005, SECTION 6 - Section
441.006 (a), SECTION 7 - Section 441.007 (d) and (e), SECTION 8 -
Sections 441.0071 - 441.0074, SECTION 9 - Section 441.0091, SECTION
13 - Section 441.017, SECTION 14 - Section 441.053, SECTION 15 -
Section 441.101 (4), SECTION 20 - Sections 441.122 (1) and (11),
SECTION 22 - Section 441.158, SECTION 29 - Sections 203.041 (a) -
(c) and (h), Local Government Code.
In addition, under the general rulemaking authority already
granted to the commission, rules may be adopted to implement other
new provisions found in this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 441.001, Government Code. (a)
Adds standard language developed by the Sunset Commission.
Requires all six members of the commission to be public members and
prohibits appointment as a public member if the person or the
person's spouse is a licensee, conducts business with the agency,
or otherwise has financial ties to the regulated industry.
(d) Updates standard language developed by the Sunset
Commission. Requires that appointments to the commission be made
without regard to race, color, disability, sex, religion, age, or
national origin.
(e) Updates standard language developed by the Sunset
Commission. Prohibits registered lobbyists from serving as a
member of the commission or from being employed as the commission's
general counsel.
(f) - (h) Updates standard language developed by the Sunset
Commission. Prohibits commission members or their spouses and
employees compensated at or above Group 17 in the appropriations
act or their spouses from being an officer or employee of a related
Texas trade association. Also defines Texas trade association.
(i) - (k) Updates standard language developed by the Sunset
Commission. Defines the grounds for removing a commission member
and requires notification the commission's presiding officer, the
governor and the attorney general if knowledge that a potential
ground for removal exists. Affirms that an action of the
commission is valid even if it is taken when a ground for removal
exists for one of the members.
Reletters Subsections.
(m) Adds standard language developed by the Sunset
Commission. Requires the Governor to designate the presiding
officer of the commission.
(n) Specifies that commission members are not entitled to
compensation for their services or per diem for attending a
meeting.
(o) Updates standard language developed by the Sunset
Commission. Requires the commission to comply with the open
meetings and administrative procedure laws.
(p) Updates standard language developed by the Sunset
Commission. Requires the commission to give the public reasonable
opportunity to appear before it regarding issues under the
jurisdiction of the commission.
(q) Updates the Texas State Library and Archives Commission's
sunset review date to 2007, which provides for the usual 12 year
review.
SECTION 2. Amends Subchapter A, Chapter 441, by adding
Section 441.0011. Adds standard language developed by the Sunset
Commission. Requires the commission members be provided with
adequate information and training to perform their duties prior to
assuming their duties and being confirmed by the Senate.
SECTION 3. Amends Section 441.002 by adding Subsections (j)
and (k). (j) Adds standard language developed by the Sunset
Commission. Requires the commission to clearly separate its
policymaking responsibilities from the management responsibilities
of the director and librarian and staff of the commission.
(k) Adds standard language developed by the Sunset
Commission. Requires the commission to comply state and federal
program and facility accessibility laws and to develop a plan that
describes how non-English speaking persons can be provided
reasonable access to the commission's programs.
SECTION 4. Amends Section 441.004. (a) Updates standard
language developed by the Sunset Commission. Requires the
executive director or a designee to develop an intra-agency career
ladder program that addresses mobility and advancement
opportunities for employees within the commission and requires
intra-agency postings of job openings concurrently with any public
posting.
(b) Updates standard language developed by the Sunset
Commission. Requires the director and librarian or a designee to
develop a system of annual performance evaluations based on
documented employee performance and upon which merit salary
increases must be based.
SECTION 5. Amends 441.005. (a) Updates standard language
developed by the Sunset Commission. Requires the commission to
inform its members and employees of the qualifications for office
or employment and each person's responsibilities under the law.
(b) - (d) Updates standard language developed by the Sunset
Commission. Requires the director and librarian or a designee to
develop an equal employment opportunity policy that is annually
updated, reviewed by the Texas Commission on Human Rights, and
filed with the Governor's Office.
SECTION 6. Amends Section 441.006 (a). Updates standard
language developed by the Sunset Commission. Requires the agency
to prepare and distribute information to the public concerning the
commission's functions and complaint procedures. Also requires the
commission's funds to be managed in accordance with the State Funds
Reform Act.
SECTION 7. Amends Sections 441.007 (d) and (e). Updates
standard language developed by the Sunset Commission. Requires the
commission to collect and maintain information about all complaints
filed with the commission. Also requires the commission to
maintain files on written complaints that the commission has the
authority to resolve and to notify the parties regarding the status
of the complaint quarterly until disposition.
SECTION 8. Amends Subchapter A, Chapter 441, by adding
Sections 441.0071 - 441.0074. 441.0071 (a) - (f) Adds standard
language developed by the Sunset Commission. Establishes a method
for certificate renewal and a time-frame and penalty structure for
delinquent renewals.
441.0072 Adds standard language developed by the Sunset
Commission. Authorizes the commission to waive any license
requirements and grant a license to an applicant with a valid
license from another state that has license requirements
substantially equivalent to those of this state.
441.0073 Adds standard language developed by the Sunset
Commission. Authorizes the commission to adopt a staggered
certification renewal system.
441.0074 Adds standard language developed by the Sunset
Commission. Entitles licensees to a hearing conducted by the
State Office of Administrative Hearings before any sanction may be
taken against their license.
SECTION 9. Amends Subchapter A, Chapter 441, by adding
Section 441.0091.
(a) Authorizes the Texas State Library to create a state-funded
grant program to meet the information needs of Texans and local
libraries that cannot be adequately addressed by other programs.
(b) Grants rulemaking authority to the commission to adopt
guidelines for implementing this program.
SECTION 10. Amends Subchapter A, Chapter 441, by adding
Section 441.0105. Allows state agencies as well as the commission
to recover state government documents that were illegally removed
from state possession. Specifies the process for recovering these
documents. Provides that the commission may ask the Attorney
General to petition to recover the documents. Also awards
attorney's fees and court costs to the prevailing party.
SECTION 11. Amends Section 441.012 (b). Updates standard
language developed by the Sunset Commission. Requires the
commission's funds to be managed in accordance with the State Funds
Reform Act.
SECTION 12. Amends Section 441.013 (c). Adds standard
language developed by the Sunset Commission. Requires the
commission to prepare an annual financial report that meets the
reporting requirements in the appropriations act.
SECTION 13. Amends Subchapter A, Chapter 441, by adding
Section 441.017. Establishes a cost recovery procedure for the
storage of records at the State Records Center.
SECTION 14. Amends Section 441.053. Abolishes the Records
Management and Preservation Advisory Committee and replaces it with
a seven-member interagency coordinating council. Specifies the
membership and the duties of the council and its member agencies.
SECTION 15. Amends Section 441.101 (4). Defines "state
publication" to mean information in any format produced by a state
agency and publicly distributed outside the agency.
SECTION 16. Amends Section 441.102. Requires the commission
to provide for electronic access at the Texas State Library and
other depository libraries to state agency publications in an
electronic format.
SECTION 17. Amends Section 441.103. Requires a state agency
publications contact person to maintain a record of the agency's
state publications and furnish the record to the Texas State
Library. Also requires the agency to provide the Texas State
Library with on-line access to the publication or copies of the
publication in an electronic format.
SECTION 18. Amends Section 441.104. Requires the Texas State
Library to index all state publications that are available in
electronic format and make the index available in an electronic
format. Also requires the Texas State Library to provide other
depository libraries access, at no charge, to state agency
electronic publications.
SECTION 19. Amends Section 441.105. Authorizes the director
and librarian to exempt certain state publication distribution
formats from this subchapter.
SECTION 20. Amends Sections 441.122 (1) and (11). (1)
Extends accreditation standards to cover libraries operated by
public school districts, institutions of higher education or units
of state or local government.
(11) Broadens definition of major resource system to include
libraries that are not public libraries that join the system.
SECTION 21. Amends Subchapter I, Chapter 441, by adding
Section 441.1271. Extends eligibility for major resource system
membership to libraries that are not public libraries and that are
operated by public school districts, institutions of higher
education and units of state or local government. Establishes
guidelines for extending major resource system membership.
SECTION 22. Amends Section 441.158 (d) and adds Subsection
(f). (d) Requires that the local government records committee
review, rather than approve, records retention schedules before
adoption by the commission.
(f) Requires that initial records retention schedules
developed by the Texas State Library be adopted by the commission
no later than January 2, 1996. Specifies that this subsection
expires January 5, 1999.
SECTION 23. Amends Section 441.162 (b). Reduces the size of
the local government records committee. Specifies that the
committee shall have 10 members equally representing counties,
municipalities, school districts, appraisal districts, and water
districts. Specifies that one member representing counties be a
county clerk. Also specifies that at least one member be a records
management officer and at least four members must represent
counties with a population of fewer than 10,000.
SECTION 24. Amends Section 441.163. Specifies the
appointment process and compensation of the local government
records committee. Specifies that nominations for the committee
include a nominee representing a county with a population of 10,000
or more and a nominee representing a county with a population of
fewer than 10,000.
SECTION 25. Amends Section 441.164 (a). Technical clean up
to delete outdated implementation language.
SECTION 26. Amends Sections 202.004, Local Government Code.
Specifies that a local government record may be transferred from a
local government to a public entity after the expiration of the
record's retention period.
SECTION 27. Amends Sections 203.041 (a) - (c) and (h), Local
Government Code.
(a) - (c) Extends the deadline for local governments to file
a records retention schedule with the Texas State Library to
January 4, 1999. Also authorizes local governments to adopt the
records retention schedules issued by the commission as their own,
rather than developing similar schedules themselves.
(h) Specifies that the director and librarian shall determine
the form and manner of filing written declarations for adopting
appropriate records retention schedules issued by the commission.
SECTION 28. Amends Section 203.042 (a). Specifies that the
governing body or elected county officer shall decide to adopt
records retention schedules identical to the commission's or
determine retention periods for records that are not identical.
SECTION 29. Amends Sections 203.043 (a) - (c). Specifies
that written declarations to adopt commission records retention
schedules may be used as the basis for the destruction of records.
Also specifies that if a records control schedule is rejected by
the Texas State Library, the appropriate records retention
schedules shall be adopted as the records control schedule and the
written declaration shall be resubmitted. Specifies that a written
declaration to adopt the commission's records retention schedule
may be rejected only if the local government did not adopt the
appropriate schedule.
SECTION 30. Amends Sections 203.045 (a) - (c). Specifies
that written declarations to adopt commission records retention
schedules can be used as a control schedule for the destruction of
records.
SECTION 31. Repeals Subchapter P, Chapter 481, Government
Code. Removes the requirement that the Texas Department of
Commerce participate in allocating state grants to Texas Library
System members.
SECTION 32. Requires the State Council on Competitive
Government to review the Texas State Library's commercially
available microfilming, records storage and records destruction
services to determine if the services should be competitively
procured no later than September 1, 1997. The review shall not
include the commission's preservation microfilming services.
SECTION 33. Specifies that new commission membership criteria
established in Sections 441.001 (a), (f), and (g) be applied only
to those appointed after the effective date of this act and not be
applied to current commission members.
SECTION 34. Specifies that the system for public electronic
access at the Texas State Library and other depository libraries be
phased in over a four-year period beginning September 1, 1995.
Also requires that the system be coordinated with existing state
agency electronic networks.
SECTION 35. Abolishes the Records Management and Preservation
Advisory Committee and transfers all property and records to the
Records Management Interagency Coordinating Council. Specifies
that the director and librarian of the Texas State Library and
Archives Commission serve as the first presiding officer of the
coordinating council.
SECTION 36. Specifies that terms of members of the local
government records committee expire on the effective date of this
Act and that the director and librarian shall appoint new members
as soon as possible for terms expiring February 1, 1997. Specifies
that any schedules, rules or revisions pending before the local
government records committee are no longer subject to the
committee's approval upon the effective date of this Act.
SECTION 37. Specifies the effective date of this Act as
September 1, 1995.
SECTION 38. Emergency clause.
EXPLANATION OF AMENDMENT
Committee Amendment Number 1 makes the following changes:
1. Changes the records retention process to allow local
governments flexibility to file certifications of compliance in
lieu of developing and filing records retention schedules.
2. Changes approval process for retention schedules and
related rules by allowing approval by a simple majority of the
Local Government Records Committee rather than a majority of the
entire membership.
3. Specifies that one county representative on the Local
Government Records Committee shall be a county or district clerk.
SUMMARY OF COMMITTEE ACTION
SB 366 was considered by the House Committee on State, Federal, and
International Relations in a public hearing on 12 April 1995.
The following persons testified in favor of the bill:
Ms. Laura McGee
City of Dallas
Mr. William D. Gooch
State Library and Archives Commission
The committee considered one amendment to the bill which was
adopted without objection.
The bill was reported favorably as amended with the recommendation
that it do pass and be printed by a record vote of 7 ayes, 0 nays,
0 pnv, and 2 absent.