S.B. No. 366
AN ACT
1-1 relating to the continuation and functions of the Texas State
1-2 Library and Archives Commission, including the commission's
1-3 involvement with the management of governmental records.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 441.001, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 441.001. COMMISSION; MEMBERS. (a) The Texas State
1-8 Library and Archives Commission is composed of six members
1-9 appointed by the governor with the advice and consent of the
1-10 senate. All six members must be representatives of the general
1-11 public. A person is not eligible for appointment as a member of
1-12 the commission if the person or the person's spouse:
1-13 (1) is registered, certified, or licensed by an
1-14 occupational regulatory agency in the field of library or
1-15 information science;
1-16 (2) is employed by or participates in the management
1-17 of a business entity or other organization regulated by the
1-18 commission or receiving funds from the commission;
1-19 (3) owns or controls, directly or indirectly, more
1-20 than a 10 percent interest in a business entity or other
1-21 organization regulated by the commission or receiving funds from
1-22 the commission; or
1-23 (4) uses or receives a substantial amount of tangible
1-24 goods, services, or funds from the commission, other than
2-1 compensation or reimbursement authorized by law for commission
2-2 membership, attendance, or expenses.
2-3 (b) Members of the commission serve staggered terms of six
2-4 years.
2-5 (c) A person appointed to fill a vacancy serves for the
2-6 remainder of the term to which that person's predecessor was
2-7 appointed.
2-8 (d) An appointment to the commission shall be made without
2-9 regard to the race, color, disability <creed>, sex, religion, age,
2-10 or national origin of the appointee.
2-11 (e) A person <who is required to register as a lobbyist
2-12 under Chapter 305> may not serve as a member of the commission or
2-13 act as the general counsel to the commission if the person is
2-14 required to register as a lobbyist under Chapter 305 because of the
2-15 person's activities for compensation on behalf of a profession
2-16 related to the operation of the commission.
2-17 (f) An officer, employee, or paid consultant of a Texas
2-18 trade association in the field of library and information science,
2-19 archives management, or records management may not be a <A> member
2-20 <or employee> of the commission or employee of the commission who
2-21 is exempt from the state's position classification plan or is
2-22 compensated at or above the amount prescribed by the General
2-23 Appropriations Act for step 1, salary group 17, of the position
2-24 classification salary schedule <may not be an officer, employee, or
2-25 paid consultant of a trade association in the library or archival
2-26 industry but may hold office in a professional archival
2-27 association>.
3-1 (g) A person who is the spouse of an officer, manager, or
3-2 paid consultant of a Texas trade association in the field of
3-3 library and information science, archives management, or records
3-4 management may not be a member of the commission and may not be an
3-5 employee of the commission who is exempt from the state's position
3-6 classification plan or is compensated at or above the amount
3-7 prescribed by the General Appropriations Act for step 1, salary
3-8 group 17, of the position classification salary schedule.
3-9 (h) For the purposes of this section, a Texas trade
3-10 association is a nonprofit, cooperative, and voluntarily joined
3-11 association of business competitors or professionals in this state
3-12 designed to assist its members and its industry or profession in
3-13 dealing with mutual business or professional problems and in
3-14 promoting their common interest.
3-15 (i) <(g)> It is a ground for removal from the commission if
3-16 <that> a member:
3-17 (1) does not have at the time of appointment the
3-18 qualifications required by Subsection (a);
3-19 (2) does not maintain during service on the commission
3-20 the qualifications required by Subsection (a);
3-21 (3) violates a prohibition established by Subsection
3-22 (e), <or> (f), or (g);
3-23 (4) cannot because of illness or disability discharge
3-24 the member's duties for a substantial part of the term for which
3-25 the member is appointed; or
3-26 (5) is absent from more than half of the regularly
3-27 scheduled commission meetings that the member is eligible to attend
4-1 during a calendar year unless the absence is excused by majority
4-2 vote of the commission.
4-3 (j) The validity of an action of the commission is not
4-4 affected by the fact that it was taken at a time a ground for
4-5 removal of a member of the commission existed.
4-6 (k) If the director and librarian has knowledge that a
4-7 potential ground for removal exists, the director and librarian
4-8 shall notify the presiding officer of the commission of the
4-9 potential ground. The presiding officer shall then notify the
4-10 governor and the attorney general that a potential ground for
4-11 removal exists. If the potential ground for removal involves the
4-12 presiding officer, the director and librarian shall notify the next
4-13 highest officer of the commission, who shall notify the governor
4-14 and the attorney general that a potential ground for removal
4-15 exists.
4-16 (l) <(h)> The commission shall be assigned suitable offices
4-17 in the Capitol area in which the commission shall hold at least one
4-18 regular meeting annually and as many special meetings as are
4-19 necessary.
4-20 (m) The governor shall designate a member <(i) Members> of
4-21 the commission as the <may choose their> presiding officer of the
4-22 commission to serve in that capacity at the pleasure of the
4-23 governor <officers>.
4-24 (n) A member <(j) While attending a meeting> of the
4-25 commission may not receive compensation for services as<,> a
4-26 member. A member is entitled to reimbursement for actual expenses
4-27 reasonably incurred in connection with the performance of those
5-1 services, subject to any applicable limitation on reimbursement
5-2 <attending the meeting and to a per diem as> provided by the
5-3 General Appropriations Act.
5-4 (o) <(k)> The commission is subject to the open meetings
5-5 law, Chapter 551 <271, Acts of the 60th Legislature, Regular
5-6 Session, 1967 (Article 6252-17, Vernon's Texas Civil Statutes)>,
5-7 and the administrative procedure law, Chapter 2001 <Administrative
5-8 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
5-9 Civil Statutes)>.
5-10 (p) The <At an open meeting of the> commission shall
5-11 develop and implement policies that provide<, a member of> the
5-12 public with a reasonable opportunity <is entitled> to appear before
5-13 the commission and to speak on any issue under the jurisdiction of
5-14 the commission<, within the limits of any reasonable rules of the
5-15 commission designed to expedite consideration of issues at a
5-16 meeting>.
5-17 (q) <(l)> The Texas State Library and Archives Commission is
5-18 subject to Chapter 325 (Texas Sunset Act). Unless continued in
5-19 existence as provided by that chapter, the commission is abolished
5-20 September 1, 2007 <1995>.
5-21 SECTION 2. Subchapter A, Chapter 441, Government Code, is
5-22 amended by adding Section 441.0011 to read as follows:
5-23 Sec. 441.0011. TRAINING FOR COMMISSION MEMBERS. (a) Before
5-24 a member of the commission may assume the member's duties and
5-25 before the member may be confirmed by the senate, the member must
5-26 complete at least one course of a training program that meets the
5-27 requirements of this section.
6-1 (b) A training program under this section shall provide
6-2 information to the member regarding:
6-3 (1) the enabling legislation that created the
6-4 commission;
6-5 (2) the programs operated by the commission;
6-6 (3) the role and functions of the commission;
6-7 (4) the rules of the commission with an emphasis on
6-8 the rules that relate to disciplinary and investigatory authority;
6-9 (5) the current budget for the commission;
6-10 (6) the results of the most recent formal audit of the
6-11 commission;
6-12 (7) the requirements of the:
6-13 (A) open meetings law, Chapter 551;
6-14 (B) open records law, Chapter 552; and
6-15 (C) administrative procedure law, Chapter 2001;
6-16 (8) the requirements of the conflict of interest laws
6-17 and other laws relating to public officials; and
6-18 (9) any applicable ethics policies adopted by the
6-19 commission or the Texas Ethics Commission.
6-20 SECTION 3. Section 441.002, Government Code, is amended by
6-21 adding Subsections (j) and (k) to read as follows:
6-22 (j) The commission shall develop and implement policies that
6-23 clearly separate the policy-making responsibilities of the
6-24 commission and the management responsibilities of the director and
6-25 librarian and the staff of the commission.
6-26 (k) The commission shall comply with federal and state laws
6-27 related to program and facility accessibility. The director and
7-1 librarian shall also prepare and maintain a written plan that
7-2 describes how a person who does not speak English can be provided
7-3 reasonable access to the commission's programs and services.
7-4 SECTION 4. Section 441.004, Government Code, is amended to
7-5 read as follows:
7-6 Sec. 441.004. CAREER LADDER; PERFORMANCE EVALUATIONS.
7-7 (a) The director and librarian or the director and librarian's
7-8 designee shall develop an intra-agency <a> career ladder program
7-9 that addresses opportunities for mobility and advancement for
7-10 employees within the commission. The program must require
7-11 intra-agency posting of all <that openings in all positions except
7-12 entry level> positions concurrently with any <be posted within the
7-13 commission for at least 10 days before they are posted for the>
7-14 public posting.
7-15 (b) The director and librarian or the director and
7-16 librarian's designee shall develop a system of annual performance
7-17 evaluations that are based on documented employee performance
7-18 <measurable job tasks>. All merit <Merit> pay for commission
7-19 employees must be based on the <that> system established under this
7-20 subsection.
7-21 SECTION 5. Section 441.005, Government Code, is amended to
7-22 read as follows:
7-23 Sec. 441.005. STANDARDS OF CONDUCT; EQUAL EMPLOYMENT
7-24 OPPORTUNITY. (a) The director and librarian or the director and
7-25 librarian's designee <As often as necessary, the commission> shall
7-26 provide to <its> members of the commission and to commission
7-27 employees, as often as necessary, <staff> information regarding
8-1 their qualification for office or employment under this chapter and
8-2 their responsibilities under applicable laws relating to standards
8-3 of conduct for state officers or employees.
8-4 (b) The director and librarian or the director and
8-5 librarian's designee <commission> shall prepare and maintain a
8-6 written policy statement <plan> to assure implementation of a
8-7 program of equal employment opportunity under which all personnel
8-8 transactions are made without regard to race, color, disability,
8-9 sex, religion, age, or national origin. The policy statement <plan
8-10 must cover an annual period and must be updated at least annually.
8-11 The plan> must include:
8-12 (1) personnel policies, including policies relating to
8-13 recruitment, evaluation, selection, appointment, training, and
8-14 promotion of personnel that are in compliance with requirements of
8-15 Chapter 21, Labor Code;
8-16 (2) a comprehensive analysis of the commission
8-17 workforce that meets federal and state guidelines;
8-18 (3) procedures by which a determination can be made
8-19 about the extent of underuse in the commission workforce of all
8-20 persons for whom federal or state guidelines encourage a more
8-21 equitable balance; and
8-22 (4) reasonable methods to address those areas of
8-23 underuse appropriately.
8-24 (c) A policy statement prepared under Subsection (b) must
8-25 cover an annual period, be updated annually, be reviewed by the
8-26 Commission on Human Rights for compliance with Subsection (b)(1),
8-27 and be filed with the governor's office.
9-1 (d) The governor's office shall deliver a biennial report to
9-2 the legislature based on the information received under Subsection
9-3 (c). The report may be made separately or as a part of other
9-4 biennial reports made to the legislature <a comprehensive analysis
9-5 of all employees by race, sex, ethnic origin, class of position,
9-6 and salary or wage;>
9-7 <(2) plans for recruitment, evaluation, selection,
9-8 appointment, training, promotion, and other personnel policies;>
9-9 <(3) steps reasonably designed to overcome any
9-10 identified underuse of minorities and women in the commission's
9-11 work force; and>
9-12 <(4) objectives and goals, timetables for the
9-13 achievement of those objectives and goals, and assignments of
9-14 responsibility for the achievement of the objectives and goals.>
9-15 <(c) Before the expiration of 30 days after April 1 and
9-16 November 1 of each year, the commission shall submit a progress
9-17 report to the governor. The report must include a statement of the
9-18 steps that the commission has taken during the reporting period to
9-19 comply with the requirements of Subsection (b)>.
9-20 SECTION 6. Subsection (a), Section 441.006, Government Code,
9-21 is amended to read as follows:
9-22 (a) The commission shall:
9-23 (1) govern the Texas State Library;
9-24 (2) adopt policies and rules to aid and encourage the
9-25 development of and cooperation among all types of libraries,
9-26 including public, academic, special, and other types of libraries;
9-27 (3) collect materials relating to the history of Texas
10-1 and adjoining states;
10-2 (4) preserve, classify, and publish the manuscript
10-3 archives and other matters it considers proper;
10-4 (5) diffuse knowledge relating to the history of
10-5 Texas;
10-6 (6) encourage historical work and research;
10-7 (7) mark historic sites and houses and secure their
10-8 preservation;
10-9 (8) aid those studying problems to be dealt with by
10-10 legislation;
10-11 (9) prepare and make available to the <general> public
10-12 and appropriate state agencies information of public interest <to
10-13 consumers> describing the functions of the commission and the
10-14 commission procedures by which complaints are filed with and
10-15 resolved by the commission;
10-16 (10) deposit <in the state treasury> money paid to the
10-17 commission under this chapter subject to Subchapter F, Chapter 404;
10-18 (11) give to any person contemplating the
10-19 establishment of a public library advice regarding matters such as
10-20 maintaining a public library, selecting books, cataloging, and
10-21 managing a library;
10-22 (12) conduct library institutes and encourage library
10-23 associations;
10-24 (13) aid and encourage, by adoption of policies and
10-25 programs, the development of effective records management and
10-26 preservation programs in the local governments of the state; <and>
10-27 (14) adopt rules governing the preservation,
11-1 microfilming, destruction, or other disposition of local government
11-2 records; and
11-3 (15) establish by rule methods by which consumers and
11-4 service recipients are notified of the name, mailing address, and
11-5 telephone number of the commission for the purpose of directing
11-6 complaints to the commission.
11-7 SECTION 7. Subsections (d) and (e), Section 441.007,
11-8 Government Code, are amended to read as follows:
11-9 (d) The commission shall keep <an> information <file> about
11-10 each complaint filed with the commission <relating to an individual
11-11 certified under this section>. The information shall include:
11-12 (1) the date the complaint is received;
11-13 (2) the name of the complainant;
11-14 (3) the subject matter of the complaint;
11-15 (4) a record of all persons contacted in relation to
11-16 the complaint;
11-17 (5) a summary of the results of the review or
11-18 investigation of the complaint; and
11-19 (6) for complaints for which the commission took no
11-20 action, an explanation of the reason the complaint was closed
11-21 without action.
11-22 (e) The commission shall keep a file about each written
11-23 complaint filed with the commission that it has authority to
11-24 resolve. The commission shall provide to the person filing the
11-25 complaint and the persons or entities complained about the
11-26 commission's policies and procedures pertaining to complaint
11-27 investigation and resolution. The commission, <shall notify the
12-1 parties to a written complaint filed with the commission of the
12-2 status of the complaint> at least quarterly and until final
12-3 disposition of the complaint, shall notify the person filing the
12-4 complaint and the persons or entities complained about of the
12-5 status of the complaint unless the notice would jeopardize an
12-6 undercover investigation.
12-7 SECTION 8. Subchapter A, Chapter 441, Government Code, is
12-8 amended by adding Sections 441.0071 through 441.0074 to read as
12-9 follows:
12-10 Sec. 441.0071. CERTIFICATE RENEWAL. (a) A person who is
12-11 otherwise eligible to renew a certificate may renew an unexpired
12-12 certificate by paying the required renewal fee to the commission
12-13 before the expiration date of the certificate. A person whose
12-14 certificate has expired may not engage in activities that require a
12-15 certificate until the certificate has been renewed under the
12-16 provisions of this section.
12-17 (b) If the person's certificate has been expired for 90 days
12-18 or less, the person may renew the certificate by paying to the
12-19 commission one and one-half times the required renewal fee.
12-20 (c) If the person's certificate has been expired for longer
12-21 than 90 days but less than one year, the person may renew the
12-22 certificate by paying to the commission two times the required
12-23 renewal fee.
12-24 (d) If the person's certificate has been expired for one
12-25 year or longer, the person may not renew the certificate. The
12-26 person may obtain a new certificate by complying with the more
12-27 stringent, as determined by the commission, of:
13-1 (1) the requirements and procedures for obtaining an
13-2 original certificate; or
13-3 (2) the requirements for renewing a certificate.
13-4 (e) If the person held a certificate in this state, moved to
13-5 another state, and currently holds a certificate and has been in
13-6 practice in the other state for the two years preceding
13-7 application, the person may renew an expired certificate. The
13-8 person must pay to the commission a fee that is equal to two times
13-9 the required renewal fee for the certificate.
13-10 (f) At least 30 days before the expiration of a person's
13-11 certificate, the commission shall send written notice of the
13-12 impending certificate expiration to the person at the person's last
13-13 known address according to the records of the commission.
13-14 Sec. 441.0072. CERTIFICATES FROM OTHER STATES. The
13-15 commission may waive any prerequisite to obtaining a certificate
13-16 for an applicant after reviewing the applicant's credentials and
13-17 determining that the applicant holds a valid certificate from
13-18 another state that has certification requirements substantially
13-19 equivalent to those of this state.
13-20 Sec. 441.0073. CERTIFICATE EXPIRATION DATES. The commission
13-21 by rule may adopt a system under which certificates expire on
13-22 various dates during the year. For the year in which the
13-23 expiration date is changed, certification fees shall be prorated on
13-24 a monthly basis so that each certificate holder pays only that
13-25 portion of the certification fee that is allocable to the number of
13-26 months during which the certificate is valid. On renewal of the
13-27 certificate on the new expiration date, the total certificate
14-1 renewal fee is payable.
14-2 Sec. 441.0074. DISCIPLINARY ACTIONS. If the commission
14-3 proposes to suspend, revoke, or refuse to renew a person's
14-4 certificate, the person is entitled to a hearing conducted by the
14-5 State Office of Administrative Hearings. Proceedings for a
14-6 disciplinary action are governed by the administrative procedure
14-7 law, Chapter 2001. Rules of practice adopted by the commission
14-8 under Section 2001.004 applicable to the proceedings for a
14-9 disciplinary action may not conflict with rules adopted by the
14-10 State Office of Administrative Hearings.
14-11 SECTION 9. Subchapter A, Chapter 441, Government Code, is
14-12 amended by adding Section 441.0091 to read as follows:
14-13 Sec. 441.0091. GRANT PROGRAM FOR LOCAL LIBRARIES. (a) In
14-14 addition to a grant or funding under Subchapter I, the commission
14-15 may provide for grants to meet specific information needs of
14-16 residents of this state and specific needs of local libraries that
14-17 are not adequately addressed under Subchapter I or other law.
14-18 (b) The commission, in designing the grant program under
14-19 this section:
14-20 (1) may consider federal law and federal funding
14-21 priorities;
14-22 (2) may include competitive grants; and
14-23 (3) shall adopt by rule the guidelines for awarding
14-24 grants.
14-25 SECTION 10. Subchapter A, Chapter 441, Government Code, is
14-26 amended by adding Section 441.0105 to read as follows:
14-27 Sec. 441.0105. RIGHT OF RECOVERY. (a) The governing body
15-1 of a state agency may demand and receive from any person any state
15-2 government record in private possession the removal of which from
15-3 the possession of the agency or the agency's predecessor was not
15-4 authorized by law.
15-5 (b) The director and librarian may demand and receive from
15-6 any person any state government record of permanent value in
15-7 private possession.
15-8 (c) If the person in possession of the state government
15-9 record refuses to deliver the record on demand, the director and
15-10 librarian or the governing body of a state agency may ask the
15-11 attorney general to petition a district court in Travis County for
15-12 the recovery of the record as provided by this section. If the
15-13 court finds that the record is a state government record, the court
15-14 shall order the return of the record to the custody of the state.
15-15 As part of the petition or at any time after its filing, the
15-16 attorney general may petition to have the record seized pending the
15-17 determination of the court if the director and librarian or
15-18 governing body finds the record is in danger of being destroyed,
15-19 mutilated, altered, secreted, or removed from the state.
15-20 (d) A state government record recovered as the result of a
15-21 petition by the attorney general shall be transferred to the
15-22 custody of the commission or other state agency for which the
15-23 return of the record was originally demanded.
15-24 (e) If the attorney general petitions a court for the
15-25 recovery of a record under Subsection (c) and prevails, the court
15-26 shall award attorney's fees and court costs to the prevailing
15-27 party.
16-1 (f) In this section, "state agency" means a state executive,
16-2 judicial, or legislative department, institution, board, or
16-3 commission, including an eleemosynary institution.
16-4 SECTION 11. Subsection (b), Section 441.012, Government
16-5 Code, is amended to read as follows:
16-6 (b) Any money paid to the commission for <received from> the
16-7 sale of copies of the Texas Archives is subject to Subchapter F,
16-8 Chapter 404 <shall be deposited in the state treasury>.
16-9 SECTION 12. Section 441.013, Government Code, is amended to
16-10 read as follows:
16-11 Sec. 441.013. Reports <REPORT TO GOVERNOR>. (a) The
16-12 commission shall make a biennial report to the governor that
16-13 includes:
16-14 (1) a comprehensive view of the operation of the
16-15 commission in discharging the duties imposed by this subchapter;
16-16 (2) a review of the library conditions in this state;
16-17 (3) an itemized statement of the commission's
16-18 expenditures;
16-19 (4) any recommendations suggested by the experience of
16-20 the commission;
16-21 (5) careful estimates of money necessary for carrying
16-22 out this subchapter; and
16-23 (6) the biennial report of the director and librarian
16-24 required by Section 441.002(g)(15).
16-25 (b) The report made under Subsection (a) shall be printed,
16-26 and the governor shall lay the report before the legislature as the
16-27 governor does with other departmental reports.
17-1 (c) The director and librarian shall prepare annually a
17-2 complete and detailed written report accounting for all funds
17-3 received and disbursed by the commission during the preceding
17-4 fiscal year. The annual report must meet the reporting
17-5 requirements applicable to financial reporting provided in the
17-6 General Appropriations Act.
17-7 SECTION 13. Subchapter A, Chapter 441, Government Code, is
17-8 amended by adding Section 441.017 to read as follows:
17-9 Sec. 441.017. COST RECOVERY FOR RECORDS STORAGE SERVICES.
17-10 (a) This section:
17-11 (1) applies to a record stored by the commission for a
17-12 state agency; and
17-13 (2) does not apply to a record that is under the
17-14 permanent control of the commission for archival purposes.
17-15 (b) The commission shall establish and keep current a cost
17-16 recovery schedule for its records storage services. The schedule
17-17 shall show the total cost, including indirect costs, to the
17-18 commission of its records storage services.
17-19 (c) Each state agency that will use the commission's records
17-20 storage services during a state fiscal biennium shall send to the
17-21 commission an estimate of the amount and nature of the services
17-22 that the agency will use during the biennium. The commission shall
17-23 prescribe:
17-24 (1) the time that the estimate must be sent; and
17-25 (2) the information that must be included in the
17-26 estimate.
17-27 (d) The commission shall base its legislative appropriations
18-1 request for providing records storage services to other agencies
18-2 for the biennium on the estimates received under Subsection (c).
18-3 The commission's appropriations request must:
18-4 (1) show the estimated cost for each agency for
18-5 records storage services; and
18-6 (2) identify the estimated amount that would need to
18-7 be appropriated from the general revenue fund, account in the
18-8 general revenue fund, or other fund or account to recover fully the
18-9 commission's costs in providing records storage services for other
18-10 agencies.
18-11 (e) The legislature may appropriate money to pay the
18-12 commission's costs in providing records storage services for an
18-13 agency:
18-14 (1) to the commission; or
18-15 (2) to the agency, which shall pay the commission its
18-16 costs as the services are provided.
18-17 (f) In this section, "agency" means a state executive,
18-18 judicial, or legislative department, institution, board, or
18-19 commission, including an eleemosynary institution.
18-20 SECTION 14. Section 441.053, Government Code, is amended to
18-21 read as follows:
18-22 Sec. 441.053. Records Management Interagency Coordinating
18-23 Council <AND PRESERVATION ADVISORY COMMITTEE>. (a) The Records
18-24 Management Interagency Coordinating Council <and Preservation
18-25 Advisory Committee> is composed of<:>
18-26 <(1)> each of the following officers or the officer's
18-27 designee:
19-1 (1) <(A)> the secretary of state;
19-2 (2) <(B)> the state auditor, who serves as a nonvoting
19-3 member;
19-4 (3) <(C)> the comptroller of public accounts;
19-5 (4) <(D)> the attorney general;
19-6 (5) <(E)> the director and librarian <state
19-7 archivist>; <and>
19-8 (6) <(F)> the executive director of the <State
19-9 Purchasing and> General Services Commission; and
19-10 (7) the executive director of the Department of
19-11 Information Resources
19-12 <(2) the executive head or, if the executive head
19-13 chooses, the departmental supervisor of:>
19-14 <(A) the Texas Department of Human Services;>
19-15 <(B) the Texas Department of Mental Health and
19-16 Mental Retardation;>
19-17 <(C) the Texas Department of Health;>
19-18 <(D) the Department of Public Safety;>
19-19 <(E) the Central Education Agency; and>
19-20 <(F) the State Board of Insurance>.
19-21 (b) The position of <committee shall select its> presiding
19-22 officer rotates among the members of the council <officers>. A
19-23 term as presiding officer is two years and expires on February 1 of
19-24 each odd-numbered year.
19-25 (c) Service on the council is an additional duty of a
19-26 member's office or employment. A member of the council <committee>
19-27 is not entitled to compensation for performing the work of the
20-1 council <committee> but is entitled to reimbursement for actual
20-2 expenses incurred in performing that work.
20-3 (d) The council is subject to the open meetings law, Chapter
20-4 551.
20-5 (e) The council's member agencies shall provide the staff
20-6 for the council.
20-7 (f) The council shall:
20-8 (1) review the activities of each member agency that
20-9 affect the state's management of records;
20-10 (2) study other records management issues; and
20-11 (3) report its findings and any recommended
20-12 legislation to the governor and the legislature not later than
20-13 November 1 of each even-numbered year.
20-14 (g) The council shall adopt policies that coordinate the
20-15 activities of each member agency and that make other improvements
20-16 in the state's management of records. The council shall adopt
20-17 policies under this subsection using the rule-making procedures
20-18 prescribed by Chapter 2001.
20-19 (h) Each member agency shall adopt the policies adopted
20-20 under Subsection (g) as the member agency's own rules, except to
20-21 the extent that the policies conflict with other state or federal
20-22 law.
20-23 (i) Each member agency shall report on its adoption and
20-24 implementation of rules under Subsection (h) to the council not
20-25 later than October 1 of each even-numbered year.
20-26 (j) In this section, "member agency" means each state
20-27 officer who is a member of the council or an agency that has a
21-1 representative who is a member of the council <committee shall
21-2 recommend improvements to the state's system of records management.
21-3 The committee shall submit its recommendations before March 2 of
21-4 each even-numbered year in a report to the Texas State Library and
21-5 Archives Commission, the Legislative Budget Board, the budget
21-6 division of the governor's office, the lieutenant governor, and the
21-7 speaker of the house of representatives. The report must include
21-8 an evaluation of savings that would result from the implementation
21-9 of the recommendations>.
21-10 SECTION 15. Subdivision (4), Section 441.101, Government
21-11 Code, is amended to read as follows:
21-12 (4) "State publication":
21-13 (A) means information in any format <printed
21-14 matter> that:
21-15 (i) is produced <in multiple copies> by
21-16 the authority of or at the total or partial expense of a state
21-17 agency or is required to be distributed under law by the agency;
21-18 and
21-19 (ii) is publicly distributed outside the
21-20 agency by or for the agency; and
21-21 (B) <, including a publication sponsored by or
21-22 purchased for distribution by a state agency or released by a
21-23 research firm, consulting firm, or other similar private
21-24 institution under contract with a state agency. The term> does not
21-25 include information the distribution of which is limited to:
21-26 (i) contractors with or grantees of the
21-27 agency;
22-1 (ii) persons within the agency or within
22-2 other government agencies; or
22-3 (iii) members of the public under a
22-4 request made under the open records law, Chapter 552
22-5 <correspondence, an interoffice memorandum, or a routine form>.
22-6 SECTION 16. Section 441.102, Government Code, is amended to
22-7 read as follows:
22-8 Sec. 441.102. Distribution of State Publications. (a) The
22-9 commission by rule shall establish procedures for the distribution
22-10 of state publications to depository libraries and for the retention
22-11 of those publications.
22-12 (b) The commission may enter into a contract with a
22-13 depository library under which the depository library receives all
22-14 or part of the state publications that are distributed.
22-15 (c) The commission shall establish a system to allow
22-16 electronic access at the Texas State Library and other depository
22-17 libraries to state publications in an electronic format that have
22-18 been made available to the public by or on behalf of a state
22-19 agency.
22-20 SECTION 17. Section 441.103, Government Code, is amended to
22-21 read as follows:
22-22 Sec. 441.103. STATE AGENCY DUTIES. (a) A state agency
22-23 shall designate one or more staff persons as agency publications
22-24 contact persons and shall notify the Texas State Library of those
22-25 persons' identities. A publications contact person <monthly> shall
22-26 maintain a record of the agency's state publications and shall
22-27 furnish to the Texas State Library a list of <all of> the agency's
23-1 new state publications as they become available <that were produced
23-2 during the preceding month>.
23-3 (b) A state agency shall furnish its state publications to
23-4 the Texas State Library in the number specified by commission
23-5 rules. On the printing of or awarding of a contract for the
23-6 printing of a publication, a state agency shall arrange for the
23-7 required number of copies to be deposited with the Texas State
23-8 Library. The commission may not require more than 75 copies of a
23-9 printed state publication.
23-10 (c) On the release of a state publication in an electronic
23-11 format and for the purpose of further distribution of the
23-12 publication, a state agency shall provide the Texas State Library:
23-13 (1) on-line access to the publication; or
23-14 (2) copies of the publication on an electronic
23-15 external storage device in the number of copies prescribed by the
23-16 commission but not to exceed 75.
23-17 (d) If a state agency is allowing public on-line access to a
23-18 state publication, the agency shall also provide the Texas State
23-19 Library with at least one free on-line connection to the agency's
23-20 state publications that can be accessed on-line. The connection
23-21 must:
23-22 (1) be provided in the form and manner prescribed by
23-23 the director and librarian; and
23-24 (2) be compatible with applicable standards prescribed
23-25 by the Department of Information Resources.
23-26 SECTION 18. Section 441.104, Government Code, is amended to
23-27 read as follows:
24-1 Sec. 441.104. Duties of Texas State Library. The Texas
24-2 State Library shall:
24-3 (1) acquire, organize, and retain state publications;
24-4 (2) collect state publications and distribute them to
24-5 depository libraries;
24-6 (3) establish a microform program for the preservation
24-7 and management of state publications and make available state
24-8 publications in microform to depository libraries and other
24-9 libraries at a reasonable cost;
24-10 (4) periodically issue a list of all state
24-11 publications that it has received to all depository libraries and
24-12 other libraries on request;
24-13 (5) catalog, classify, and index all state
24-14 publications that it receives and distribute the cataloging,
24-15 classification, and indexing information to depository libraries
24-16 and to other libraries on request; <and>
24-17 (6) ensure that state publications are fully
24-18 represented in regional and national automated library networks;
24-19 (7) index all state publications that are available in
24-20 an electronic format and make the index available in an electronic
24-21 format;
24-22 (8) provide on-line access to state publications that
24-23 can be accessed on-line; and
24-24 (9) provide other depository libraries appropriate
24-25 access, at no charge, to state publications available in an
24-26 electronic format.
24-27 SECTION 19. Section 441.105, Government Code, is amended to
25-1 read as follows:
25-2 Sec. 441.105. EXEMPT PUBLICATIONS. The state librarian may
25-3 specifically exempt a publication or a distribution format from
25-4 this subchapter.
25-5 SECTION 20. Subdivisions (1) and (11), Section 441.122,
25-6 Government Code, are amended to read as follows:
25-7 (1) "Accreditation of libraries" means the evaluation
25-8 and rating of public libraries and library systems, and the
25-9 evaluation and rating of libraries that are operated by a public
25-10 school district, institution of higher education, or unit of state
25-11 or local government but that are not public libraries, according to
25-12 commission accreditation standards.
25-13 (11) "Major resource system" means a network of
25-14 library systems attached to a major resource center, consisting of
25-15 area libraries joined cooperatively to the major resource center,
25-16 <and of> community libraries joined cooperatively to area libraries
25-17 or directly to the major resource center, and libraries that are
25-18 not public libraries that join the system under Section 441.1271.
25-19 SECTION 21. Subchapter I, Chapter 441, Government Code, is
25-20 amended by adding Section 441.1271 to read as follows:
25-21 Sec. 441.1271. EXTENDING MEMBERSHIP OF MAJOR RESOURCE
25-22 SYSTEMS TO CERTAIN NONPUBLIC LIBRARIES. (a) A major resource
25-23 system may extend its membership to include libraries that are not
25-24 public libraries and that are operated by one of the following:
25-25 (1) a public school district;
25-26 (2) an institution of higher education;
25-27 (3) a unit of state government; or
26-1 (4) a unit of local government.
26-2 (b) The decision to extend major resource system membership
26-3 under Subsection (a) must be:
26-4 (1) made on a two-thirds vote of the governing bodies
26-5 of the members of the major resource system; and
26-6 (2) approved by the commission.
26-7 (c) A library that is a type of library to which a major
26-8 resource system has extended its membership under this section:
26-9 (1) must be accredited by the commission to be
26-10 eligible to join the system; and
26-11 (2) may join the system by resolution or ordinance of
26-12 its governing body and execution of interlibrary contracts for
26-13 service.
26-14 (d) The commission may terminate the system membership of a
26-15 library that is not a public library and that joined a major
26-16 resource system under this section if the library:
26-17 (1) loses its accreditation by ceasing to meet the
26-18 minimum standards established by the commission; or
26-19 (2) fails to comply with obligations stated in the
26-20 applicable resolution or ordinance or interlibrary contracts for
26-21 service.
26-22 (e) A library that is not a public library that joins a
26-23 major resource system under this section must provide benefits to
26-24 the public through its membership in the system that are sufficient
26-25 to constitute fair value in exchange for the benefits received by
26-26 the library through its membership in the system.
26-27 (f) A major resource system that has extended its membership
27-1 to some but not all of the types of libraries described by
27-2 Subsection (a) may extend its membership to one or more of the
27-3 remaining types of libraries described by Subsection (a). A
27-4 decision under this subsection must be made and approved in the
27-5 manner prescribed for a decision under Subsection (b).
27-6 SECTION 22. Section 441.158, Government Code, is amended by
27-7 amending Subsection (d) and adding Subsection (f) to read as
27-8 follows:
27-9 (d) Before the adoption of a records retention schedule by
27-10 the commission, it must be approved by <a majority of the members
27-11 of> the local government records committee established under
27-12 Section 441.161.
27-13 (f) The initial records retention schedules adopted by the
27-14 commission under this section must be adopted not later than
27-15 January 2, 1996. This subsection expires January 5, 1999.
27-16 SECTION 23. Section 441.161, Government Code, is amended to
27-17 read as follows:
27-18 Sec. 441.161. LOCAL GOVERNMENT RECORDS COMMITTEE. (a) A
27-19 local government records committee shall be established to:
27-20 (1) review and approve <by a majority vote of its
27-21 members> each of the records retention schedules prepared by the
27-22 director and librarian as provided by Section 441.158;
27-23 (2) review and approve <by a majority vote of its
27-24 members> certain rules to be considered for adoption by the
27-25 commission as provided by Section 441.165; and
27-26 (3) advise the commission and the director and
27-27 librarian on all matters concerning the management and preservation
28-1 of local government records.
28-2 (b) In reviewing and approving records retention schedules
28-3 and rules under this section, each committee member shall consider
28-4 the costs of implementation and other factors that may affect local
28-5 governments.
28-6 SECTION 24. Subsection (b), Section 441.162, Government
28-7 Code, is amended to read as follows:
28-8 (b) The other members of the committee shall consist of 10
28-9 individuals; two of whom represent counties, one of whom must be a
28-10 county clerk or a district clerk; two of whom represent
28-11 municipalities; two of whom represent school districts; two of whom
28-12 represent appraisal districts; and two of whom represent water
28-13 districts. At least one member must be a records management
28-14 officer under Chapter 203, Local Government Code, who is not also
28-15 an elected county officer. At least four members must represent
28-16 either a county with a population of fewer than 10,000 or a
28-17 municipality or district that does not extend into a county with a
28-18 population of 10,000 or more<:>
28-19 <(1) an active or retired district judge;>
28-20 <(2) a county judge or commissioner;>
28-21 <(3) a county clerk;>
28-22 <(4) a district clerk;>
28-23 <(5) a county auditor;>
28-24 <(6) a county attorney;>
28-25 <(7) a district attorney;>
28-26 <(8) a county sheriff;>
28-27 <(9) a county tax assessor-collector;>
29-1 <(10) a county treasurer;>
29-2 <(11) a justice of the peace or municipal court judge;>
29-3 <(12) a mayor or other member of the governing body of
29-4 a municipality;>
29-5 <(13) a city manager;>
29-6 <(14) three municipal clerks or secretaries, one from
29-7 a municipality with a population of less than 5,000, one from a
29-8 municipality with a population of 5,000 to 49,999, and one from a
29-9 municipality with a population of 50,000 or more;>
29-10 <(15) a municipal attorney;>
29-11 <(16) a municipal finance officer;>
29-12 <(17) a municipal personnel officer;>
29-13 <(18) three police chiefs, one from a municipality
29-14 with a population of less than 5,000, one from a municipality with
29-15 a population of 5,000 to 49,999, and one from a municipality with a
29-16 population of 50,000 or more;>
29-17 <(19) a fire chief;>
29-18 <(20) a municipal tax collector;>
29-19 <(21) a director or superintendent of a municipal
29-20 public works program, a municipal utility, or a municipal building
29-21 inspection department;>
29-22 <(22) an executive director of a hospital district or
29-23 a health district or authority or the designee of the executive
29-24 director;>
29-25 <(23) two executive directors of water districts or
29-26 their designees;>
29-27 <(24) two chief appraisers of appraisal districts or
30-1 their designees;>
30-2 <(25) three public school district representatives, or
30-3 their designees, one of whom must represent school districts with
30-4 an average daily attendance of less than 1,000; one of whom must
30-5 represent school districts with an average daily attendance of
30-6 1,000 to 9,999; and one of whom must represent school districts
30-7 with an average daily attendance of 10,000 or more; and>
30-8 <(26) two local government records management officers
30-9 other than elected county officers>.
30-10 SECTION 25. Section 441.163, Government Code, is amended to
30-11 read as follows:
30-12 Sec. 441.163. Appointment of Local Government Records
30-13 Committee; Compensation. (a) <The district judge member of the
30-14 committee shall be appointed by the president of the Texas Judicial
30-15 Council.> Each of the <other> members of the committee, except the
30-16 ex officio members, shall be appointed by the director and
30-17 librarian as provided by this section.
30-18 (b) On or before the 30th day before the date the director
30-19 and librarian makes an appointment, the director and librarian
30-20 shall cause to be published in the Texas Register a notice of the
30-21 intent to make an appointment.
30-22 (c) A nomination for appointment may be made by an
30-23 organization representing officers or employees of the type to be
30-24 appointed that has as members at least 50 of those officers or
30-25 employees. A nomination under this subsection shall include a
30-26 nominee who represents a county with a population of 10,000 or more
30-27 and a nominee who represents a county with a population of fewer
31-1 than 10,000 or a municipality or district that does not extend into
31-2 a county with a population of 10,000 or more.
31-3 (d) After the 30th day after the date the notice is
31-4 published under Subsection (b), the director and librarian shall
31-5 appoint a <the> nominee <if there is only one, shall appoint one of
31-6 the nominees if there is more than one,> or shall appoint an
31-7 officer chosen by the director and librarian, if there are no
31-8 nominees.
31-9 (e) The <In choosing between two or more nominees, the>
31-10 director and librarian shall appoint members to give representation
31-11 to all geographical regions of the state <give preference to a
31-12 nomination or nominations received from organizations whose
31-13 membership consists primarily of the type of officer to be
31-14 nominated>.
31-15 (f) On or before the 30th day after the date of the
31-16 appointment of the last committee member under Subsections (a)
31-17 through (e) <Subsection (d)>, the director and librarian shall have
31-18 a complete list of committee members published in the Texas
31-19 Register.
31-20 (g) Service on the local government records committee by a
31-21 local government officer or employee is an additional duty of the
31-22 person's office or employment. A member of the committee may not
31-23 receive compensation for service on the committee but is entitled
31-24 to be reimbursed from funds of the commission for actual and
31-25 necessary expenses incurred on committee business, subject to any
31-26 limit provided by the General Appropriations Act. Expenses of the
31-27 attorney general and the comptroller of public accounts or their
32-1 designees shall be paid from the funds of their respective offices.
32-2 <Expenses of the district judge shall be paid from the funds of the
32-3 Texas Judicial Council.>
32-4 (h) The <district judge is chairman of the committee. In
32-5 the absence of the district judge at a meeting,> committee members
32-6 <in attendance> shall elect a presiding officer at the first
32-7 meeting held by newly appointed or reappointed members after
32-8 February 1 of an odd-numbered year. The director and librarian
32-9 shall call that first meeting <chairman as their first order of
32-10 business>.
32-11 SECTION 26. Subsection (a), Section 441.164, Government
32-12 Code, is amended to read as follows:
32-13 (a) Except for the ex officio members, committee members are
32-14 appointed for two-year terms expiring on February 1 of odd-numbered
32-15 years. <However, the initial committee members may be appointed
32-16 for terms of shorter than two years.>
32-17 SECTION 27. Section 441.165, Government Code, is amended to
32-18 read as follows:
32-19 Sec. 441.165. CERTAIN COMMISSION RULES. Rules and any
32-20 revisions to the rules developed under Sections 203.048, 204.004,
32-21 and 205.003, Local Government Code, must be approved by <a majority
32-22 of the members of> the local government records committee
32-23 established under Section 441.161.
32-24 SECTION 28. Section 202.004, Local Government Code, is
32-25 amended to read as follows:
32-26 Sec. 202.004. ALIENATION OF RECORDS <PROHIBITED>. (a) A
32-27 local government record may be sold or donated, loaned,
33-1 transferred, or otherwise passed out of the custody of a local
33-2 government to any public institution of higher education, public
33-3 museum, public library, or other public entity with the approval of
33-4 the local government's records management officer and after the
33-5 expiration of the record's retention period under the local
33-6 government's records control schedule.
33-7 (b) A local government record may not be sold or donated
33-8 (except for the purposes of recycling), loaned, transferred, or
33-9 otherwise passed out of the custody of a local government to any
33-10 private college or university, private museum or library, private
33-11 organization of any type, or an individual, except with the consent
33-12 of the director and librarian and after <at> the expiration of its
33-13 retention period under the local government's records control
33-14 schedule.
33-15 (c) A records management officer or custodian may
33-16 temporarily transfer <(b) Subsection (a) does not apply to> a
33-17 local government record <that is temporarily transferred> to a
33-18 person for the purposes of microfilming, duplication, conversion to
33-19 electronic media, restoration, or similar records management and
33-20 preservation procedures <if the transfer is authorized by the
33-21 records management officer or custodian>.
33-22 SECTION 29. Subsections (a), (c), and (h), Section 203.041,
33-23 Local Government Code, are amended to read as follows:
33-24 (a) On or before January 4 <2>, 1999 <1995>, the records
33-25 management officer shall prepare and file with the director and
33-26 librarian:
33-27 (1) a records control schedule listing the following
34-1 records and establishing a retention period for each as provided by
34-2 Section 203.042:
34-3 (A) <(1)> all records created or received by the
34-4 local government or elective county office;
34-5 (B) <(2)> any record no longer created or
34-6 received by the local government or elective county office that is
34-7 still in its possession and for which the retention period on a
34-8 records retention schedule issued by the commission has not
34-9 expired; and
34-10 (C) <(3)> any record no longer created or
34-11 received by the local government or elective county office that is
34-12 still in its possession and for which the retention period on a
34-13 records retention schedule issued by the commission has expired but
34-14 which will not be destroyed as provided by Section 203.044; or
34-15 (2) the records management officer, in lieu of filing
34-16 a records control schedule, may file with the director and
34-17 librarian a written certification of compliance that the local
34-18 government or the elective county office has adopted records
34-19 control schedules that comply with the minimum requirements
34-20 established on records retention schedules issued by the
34-21 commission.
34-22 (c) A records management officer, in lieu of filing an
34-23 amended records control schedule, may file with the director and
34-24 librarian an amended written certification of compliance that the
34-25 local government or the elective county office has adopted amended
34-26 records control schedules to comply with the minimum requirements
34-27 established on records retention schedules issued by the commission
35-1 including any revised schedules issued by the commission <At the
35-2 discretion of the director and librarian and on petition from a
35-3 local government or elected county officer that it will be
35-4 impossible to comply fully with the requirements of Subsection (a),
35-5 the director and librarian may extend the deadline for the filing
35-6 of records control schedules for a period on which the director and
35-7 librarian and the local government or elected county officer agree.
35-8 One or more additional extensions may be granted, but in no case
35-9 may the first extension and any additional extensions be for a
35-10 combined period of more than three years for the same local
35-11 government or elective county office>.
35-12 (h) The director and librarian shall determine the form and
35-13 manner of the filing of records control schedules, <and> amended
35-14 schedules, the written certification of compliance described by
35-15 Subsection (a)(2), and the amended written certification of
35-16 compliance described by Subsection (c). The director and librarian
35-17 may request that the records management officer file with the
35-18 written certification of compliance or the amended written
35-19 certification of compliance any amendment that establishes a
35-20 records series or retention requirement other than that issued on a
35-21 commission records retention schedule.
35-22 SECTION 30. Subsections (a), (b), and (c), Section 203.043,
35-23 Local Government Code, are amended to read as follows:
35-24 (a) If the director and librarian or the designee of the
35-25 director and librarian accepts the records control schedule, <or>
35-26 amended schedule, written certification of compliance described by
35-27 Section 203.041(a)(2), or amended written certification of
36-1 compliance described by Section 203.041(c) for filing, the
36-2 acceptable records control schedule <it> may be used as the basis
36-3 for the destruction of records listed on it without additional
36-4 notice to the director and librarian.
36-5 (b) If the director and librarian or the designee of the
36-6 director and librarian rejects the records control schedule, <or>
36-7 amended schedule, written certification of compliance described by
36-8 Section 203.041(a)(2), or amended written certification of
36-9 compliance described by Section 203.041(c) for filing, the reasons
36-10 for the rejection shall be stated in writing within a reasonable
36-11 time to the records management officer and the schedule, <or>
36-12 amended schedule, written certification of compliance, or amended
36-13 written certification of compliance shall be corrected and
36-14 resubmitted.
36-15 (c) The director and librarian or the designee of the
36-16 director and librarian may reject a records control schedule or
36-17 amended schedule for filing only if a retention period listed on it
36-18 is less than a retention period for the same record established on
36-19 a records retention schedule issued by the commission or if the
36-20 schedule is in violation of this subtitle or a rule adopted under
36-21 it. The director and librarian or the designee of the director and
36-22 librarian may reject a written certification of compliance
36-23 described by Section 203.041(a)(2) or an amended written
36-24 certification of compliance described by Section 203.041(c) for
36-25 filing only if the records management officer files a written
36-26 certification of compliance in a form and manner that has not been
36-27 approved by the director and librarian.
37-1 SECTION 31. Subsections (a), (b), and (c), Section 203.045,
37-2 Local Government Code, are amended to read as follows:
37-3 (a) Before the filing of a records control schedule or a
37-4 written certification of compliance as provided by Section 203.041,
37-5 a local government record may be destroyed only with the prior
37-6 approval of the director and librarian.
37-7 (b) After the filing of a records control schedule, <or an>
37-8 amended schedule, written certification of compliance as provided
37-9 by Section 203.041(a)(2), or amended written certification of
37-10 compliance as provided by Section 203.041(c) <as provided by
37-11 Section 203.041>, a record that does not appear on a records
37-12 control schedule or amended schedule <accepted for filing> may be
37-13 destroyed only with the prior approval of the director and
37-14 librarian.
37-15 (c) Requests for authorization to destroy unscheduled
37-16 records shall be submitted by the records management officer or
37-17 under the officer's direction. However, if the request is
37-18 submitted before the filing of a records control schedule or a
37-19 written certification of compliance as provided by Section 203.041
37-20 and a records management officer has not yet been designated as
37-21 provided by Section 203.025, the request shall be submitted by the
37-22 custodian.
37-23 SECTION 32. Subchapter P, Chapter 481, Government Code, is
37-24 repealed.
37-25 SECTION 33. (a) The State Council on Competitive Government
37-26 shall study the microfilming and records storage services performed
37-27 by the Texas State Library and Archives Commission that are also
38-1 commercially available to determine whether state government should
38-2 procure those services competitively from private sources, from the
38-3 commission and other public sources, or from both.
38-4 (b) The council shall include in its study the commission's
38-5 document destruction services but not include in its study the
38-6 commission's preservation microfilming services.
38-7 (c) The council shall complete its study before September 1,
38-8 1997.
38-9 (d) The council may, if it is advantageous to the state,
38-10 direct that state agencies procure competitively some or all of the
38-11 studied services from private sources, from the commission and
38-12 other public sources, or from both.
38-13 SECTION 34. The changes in law to Subsections (a), (f), and
38-14 (g), Section 441.001, Government Code, made by this Act apply only
38-15 to a member of the Texas State Library and Archives Commission who
38-16 is appointed to the commission on or after the effective date of
38-17 this Act. A person who is a member of the commission before the
38-18 effective date of this Act is governed for the remainder of the
38-19 term to which the person was appointed by Subsections (a), (f), and
38-20 (g), Section 441.001, Government Code, as those statutes existed
38-21 immediately before the effective date of this Act, and the prior
38-22 law is continued in effect for that purpose.
38-23 SECTION 35. (a) The Texas State Library and Archives
38-24 Commission, in establishing the system under Subchapter G, Chapter
38-25 441, Government Code, as amended by this Act, for public electronic
38-26 access at the Texas State Library and other depository libraries to
38-27 state publications that are in an electronic format, shall:
39-1 (1) phase in the system over a four-year period
39-2 beginning September 1, 1995; and
39-3 (2) establish the system using existing state agency
39-4 electronic networks to the greatest extent possible to minimize the
39-5 cost of establishing the system.
39-6 (b) State agencies shall cooperate with the commission in
39-7 establishing the system.
39-8 SECTION 36. (a) The Records Management and Preservation
39-9 Advisory Committee is abolished.
39-10 (b) All property and records of the committee become the
39-11 property and records of the Records Management Interagency
39-12 Coordinating Council established by this Act.
39-13 (c) A reference in law to the advisory committee is a
39-14 reference to the coordinating council.
39-15 (d) The director and librarian of the Texas State Library
39-16 and Archives Commission is the first presiding officer of the
39-17 coordinating council.
39-18 SECTION 37. Notwithstanding Section 441.164, Government
39-19 Code, the terms of the members of the local government records
39-20 committee who hold their positions on the committee immediately
39-21 before the effective date of this Act expire on that effective
39-22 date. As soon as possible after the effective date of this Act,
39-23 the director and librarian of the Texas State Library and Archives
39-24 Commission shall appoint members to the local government records
39-25 committee in accordance with Sections 441.162, 441.163, and
39-26 441.164, Government Code, as amended by this Act, for terms
39-27 expiring February 1, 1997. The director and librarian shall call
40-1 the first meeting of the committee members appointed under this
40-2 subsection as soon as necessary after all members have been
40-3 appointed.
40-4 SECTION 38. This Act takes effect September 1, 1995.
40-5 SECTION 39. The importance of this legislation and the
40-6 crowded condition of the calendars in both houses create an
40-7 emergency and an imperative public necessity that the
40-8 constitutional rule requiring bills to be read on three several
40-9 days in each house be suspended, and this rule is hereby suspended.