1-1 By: Armbrister S.B. No. 366
1-2 (In the Senate - Filed February 14, 1995; February 15, 1995,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 20, 1995, reported favorably, as amended, by the following
1-5 vote: Yeas 10, Nays 0; March 20, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Armbrister
1-7 Amend S.B. No. 366 as follows:
1-8 (1) On page 27, line 16 (committee printing page 12, line
1-9 18), delete SECTION 23.
1-10 (2) On page 28, line 1 (committee printing page 12, line
1-11 30), delete SECTION 24.
1-12 (3) On page 28, line 21 (committee printing page 12, line
1-13 50), after the word "counties", add ", one of whom must be a county
1-14 clerk;".
1-15 (4) On page 31, lines 7 and 8 (committee printing page 13,
1-16 lines 47-48), strike "that may" and reinstate "to".
1-17 (5) On page 31, line 9 (committee printing page 13, line
1-18 49), after the word "employees" add the following new language:
1-19 A nomination under this subsection shall include a nominee
1-20 who resides in a county with a population of 10,000 or more and a
1-21 nominee who resides in a county with a population of fewer than
1-22 10,000 or a municipality or district that does not extend into a
1-23 county with a populaton of 10,000 or more.
1-24 (6) On page 31, line 10 (committee printing page 13, line
1-25 50), strike Subsection (d) in its entirety and substitute the
1-26 following new Subsection (d) in its place:
1-27 (d) After the 30th day after the date the notice is
1-28 published under Subsection (b), the director and librarian shall
1-29 appoint a <the> nominee <if there is only one, shall appoint one of
1-30 the nominees if there is more than one,> or shall appoint an
1-31 officer chosen by the director and librarian, if there are no
1-32 nominees.
1-33 (7) Delete SECTIONS 28, 33, 34, and 35.
1-34 (8) Renumber the subsequent sections of the bill
1-35 appropriately.
1-36 COMMITTEE AMENDMENT NO. 2 By: Armbrister
1-37 Amend S.B. No. 366 by inserting a new section to the bill,
1-38 appropriately numbered, to read as follows, and by renumbering
1-39 subsequent sections accordingly.
1-40 SECTION ___. Section 202.004, Local Government Code, is
1-41 amended to read as follows:
1-42 Sec. 202.004. ALIENATION OF RECORDS <PROHIBITED>. (a) A
1-43 local government record may be sold or donated, loaned,
1-44 transferred, or otherwise passed out of the custody of a local
1-45 government to any public institution of higher education, public
1-46 museum, public library, or other public entity after the expiration
1-47 of the record's retention period under the local government's
1-48 records control schedule.
1-49 (b) A local government record may not be sold or donated
1-50 (except for the purposes of recycling), loaned, transferred, or
1-51 otherwise passed out of the custody of a local government to any
1-52 private college or university, private museum or library, private
1-53 organization of any type, or an individual, except with the consent
1-54 of the director and librarian and after <at> the expiration of its
1-55 retention period under the local government's records control
1-56 schedule.
1-57 (c) A records management officer or custodian may
1-58 temporarily transfer <(b) Subsection (a) does not apply to> a
1-59 local government record <that is temporarily transferred> to a
1-60 person for the purposes of microfilming, duplication, conversion to
1-61 electronic media, restoration, or similar records management and
1-62 preservation procedures <if the transfer is authorized by the
1-63 records management officer or custodian>.
1-64 A BILL TO BE ENTITLED
1-65 AN ACT
1-66 relating to the continuation and functions of the Texas State
1-67 Library and Archives Commission, including the commission's
1-68 involvement with the management of governmental records.
2-1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
2-2 SECTION 1. Section 441.001, Government Code, is amended to
2-3 read as follows:
2-4 Sec. 441.001. COMMISSION; MEMBERS. (a) The Texas State
2-5 Library and Archives Commission is composed of six members
2-6 appointed by the governor with the advice and consent of the
2-7 senate. All six members must be representatives of the general
2-8 public. A person is not eligible for appointment as a member of
2-9 the commission if the person or the person's spouse:
2-10 (1) is registered, certified, or licensed by an
2-11 occupational regulatory agency in the field of library or
2-12 information science;
2-13 (2) is employed by or participates in the management
2-14 of a business entity or other organization regulated by the
2-15 commission or receiving funds from the commission;
2-16 (3) owns or controls, directly or indirectly, more
2-17 than a 10 percent interest in a business entity or other
2-18 organization regulated by the commission or receiving funds from
2-19 the commission; or
2-20 (4) uses or receives a substantial amount of tangible
2-21 goods, services, or funds from the commission, other than
2-22 compensation or reimbursement authorized by law for commission
2-23 membership, attendance, or expenses.
2-24 (b) Members of the commission serve staggered terms of six
2-25 years.
2-26 (c) A person appointed to fill a vacancy serves for the
2-27 remainder of the term to which that person's predecessor was
2-28 appointed.
2-29 (d) An appointment to the commission shall be made without
2-30 regard to the race, color, disability <creed>, sex, religion, age,
2-31 or national origin of the appointee.
2-32 (e) A person <who is required to register as a lobbyist
2-33 under Chapter 305> may not serve as a member of the commission or
2-34 act as the general counsel to the commission if the person is
2-35 required to register as a lobbyist under Chapter 305 because of the
2-36 person's activities for compensation on behalf of a profession
2-37 related to the operation of the commission.
2-38 (f) An officer, employee, or paid consultant of a Texas
2-39 trade association in the field of library and information science,
2-40 archives management, or records management may not be a <A> member
2-41 <or employee> of the commission or employee of the commission who
2-42 is exempt from the state's position classification plan or is
2-43 compensated at or above the amount prescribed by the General
2-44 Appropriations Act for step 1, salary group 17, of the position
2-45 classification salary schedule <may not be an officer, employee, or
2-46 paid consultant of a trade association in the library or archival
2-47 industry but may hold office in a professional archival
2-48 association>.
2-49 (g) A person who is the spouse of an officer, manager, or
2-50 paid consultant of a Texas trade association in the field of
2-51 library and information science, archives management, or records
2-52 management may not be a member of the commission and may not be an
2-53 employee of the commission who is exempt from the state's position
2-54 classification plan or is compensated at or above the amount
2-55 prescribed by the General Appropriations Act for step 1, salary
2-56 group 17, of the position classification salary schedule.
2-57 (h) For the purposes of this section, a Texas trade
2-58 association is a nonprofit, cooperative, and voluntarily joined
2-59 association of business competitors or professionals in this state
2-60 designed to assist its members and its industry or profession in
2-61 dealing with mutual business or professional problems and in
2-62 promoting their common interest.
2-63 (i) <(g)> It is a ground for removal from the commission if
2-64 <that> a member:
2-65 (1) does not have at the time of appointment the
2-66 qualifications required by Subsection (a);
2-67 (2) does not maintain during service on the commission
2-68 the qualifications required by Subsection (a);
2-69 (3) violates a prohibition established by Subsection
2-70 (e), <or> (f), or (g);
3-1 (4) cannot because of illness or disability discharge
3-2 the member's duties for a substantial part of the term for which
3-3 the member is appointed; or
3-4 (5) is absent from more than half of the regularly
3-5 scheduled commission meetings that the member is eligible to attend
3-6 during a calendar year unless the absence is excused by majority
3-7 vote of the commission.
3-8 (j) The validity of an action of the commission is not
3-9 affected by the fact that it was taken at a time a ground for
3-10 removal of a member of the commission existed.
3-11 (k) If the director and librarian has knowledge that a
3-12 potential ground for removal exists, the director and librarian
3-13 shall notify the presiding officer of the commission of the
3-14 potential ground. The presiding officer shall then notify the
3-15 governor and the attorney general that a potential ground for
3-16 removal exists. If the potential ground for removal involves the
3-17 presiding officer, the director and librarian shall notify the next
3-18 highest officer of the commission, who shall notify the governor
3-19 and the attorney general that a potential ground for removal
3-20 exists.
3-21 (l) <(h)> The commission shall be assigned suitable offices
3-22 in the Capitol area in which the commission shall hold at least one
3-23 regular meeting annually and as many special meetings as are
3-24 necessary.
3-25 (m) The governor shall designate a member <(i) Members> of
3-26 the commission as the <may choose their> presiding officer of the
3-27 commission to serve in that capacity at the pleasure of the
3-28 governor <officers>.
3-29 (n) A member <(j) While attending a meeting> of the
3-30 commission may not receive compensation for services as<,> a
3-31 member. A member is entitled to reimbursement for actual expenses
3-32 reasonably incurred in connection with the performance of those
3-33 services, subject to any applicable limitation on reimbursement
3-34 <attending the meeting and to a per diem as> provided by the
3-35 General Appropriations Act.
3-36 (o) <(k)> The commission is subject to the open meetings
3-37 law, Chapter 551 <271, Acts of the 60th Legislature, Regular
3-38 Session, 1967 (Article 6252-17, Vernon's Texas Civil Statutes)>,
3-39 and the administrative procedure law, Chapter 2001 <Administrative
3-40 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
3-41 Civil Statutes)>.
3-42 (p) The <At an open meeting of the> commission shall
3-43 develop and implement policies that provide<, a member of> the
3-44 public with a reasonable opportunity <is entitled> to appear before
3-45 the commission and to speak on any issue under the jurisdiction of
3-46 the commission<, within the limits of any reasonable rules of the
3-47 commission designed to expedite consideration of issues at a
3-48 meeting>.
3-49 (q) <(l)> The Texas State Library and Archives Commission is
3-50 subject to Chapter 325 (Texas Sunset Act). Unless continued in
3-51 existence as provided by that chapter, the commission is abolished
3-52 September 1, 2007 <1995>.
3-53 SECTION 2. Subchapter A, Chapter 441, Government Code, is
3-54 amended by adding Section 441.0011 to read as follows:
3-55 Sec. 441.0011. TRAINING FOR COMMISSION MEMBERS. (a) Before
3-56 a member of the commission may assume the member's duties and
3-57 before the member may be confirmed by the senate, the member must
3-58 complete at least one course of a training program that meets the
3-59 requirements of this section.
3-60 (b) A training program under this section shall provide
3-61 information to the member regarding:
3-62 (1) the enabling legislation that created the
3-63 commission;
3-64 (2) the programs operated by the commission;
3-65 (3) the role and functions of the commission;
3-66 (4) the rules of the commission with an emphasis on
3-67 the rules that relate to disciplinary and investigatory authority;
3-68 (5) the current budget for the commission;
3-69 (6) the results of the most recent formal audit of the
3-70 commission;
4-1 (7) the requirements of the:
4-2 (A) open meetings law, Chapter 551;
4-3 (B) open records law, Chapter 552; and
4-4 (C) administrative procedure law, Chapter 2001;
4-5 (8) the requirements of the conflict of interest laws
4-6 and other laws relating to public officials; and
4-7 (9) any applicable ethics policies adopted by the
4-8 commission or the Texas Ethics Commission.
4-9 SECTION 3. Section 441.002, Government Code, is amended by
4-10 adding Subsections (j) and (k) to read as follows:
4-11 (j) The commission shall develop and implement policies that
4-12 clearly separate the policy-making responsibilities of the
4-13 commission and the management responsibilities of the director and
4-14 librarian and the staff of the commission.
4-15 (k) The commission shall comply with federal and state laws
4-16 related to program and facility accessibility. The director and
4-17 librarian shall also prepare and maintain a written plan that
4-18 describes how a person who does not speak English can be provided
4-19 reasonable access to the commission's programs and services.
4-20 SECTION 4. Section 441.004, Government Code, is amended to
4-21 read as follows:
4-22 Sec. 441.004. CAREER LADDER; PERFORMANCE EVALUATIONS.
4-23 (a) The director and librarian or the director and librarian's
4-24 designee shall develop an intra-agency <a> career ladder program
4-25 that addresses opportunities for mobility and advancement for
4-26 employees within the commission. The program must require
4-27 intra-agency posting of all <that openings in all positions except
4-28 entry level> positions concurrently with any <be posted within the
4-29 commission for at least 10 days before they are posted for the>
4-30 public posting.
4-31 (b) The director and librarian or the director and
4-32 librarian's designee shall develop a system of annual performance
4-33 evaluations that are based on documented employee performance
4-34 <measurable job tasks>. All merit <Merit> pay for commission
4-35 employees must be based on the <that> system established under this
4-36 subsection.
4-37 SECTION 5. Section 441.005, Government Code, is amended to
4-38 read as follows:
4-39 Sec. 441.005. STANDARDS OF CONDUCT; EQUAL EMPLOYMENT
4-40 OPPORTUNITY. (a) The director and librarian or the director and
4-41 librarian's designee <As often as necessary, the commission> shall
4-42 provide to <its> members of the commission and to commission
4-43 employees, as often as necessary, <staff> information regarding
4-44 their qualification for office or employment under this chapter and
4-45 their responsibilities under applicable laws relating to standards
4-46 of conduct for state officers or employees.
4-47 (b) The director and librarian or the director and
4-48 librarian's designee <commission> shall prepare and maintain a
4-49 written policy statement <plan> to assure implementation of a
4-50 program of equal employment opportunity under which all personnel
4-51 transactions are made without regard to race, color, disability,
4-52 sex, religion, age, or national origin. The policy statement <plan
4-53 must cover an annual period and must be updated at least annually.
4-54 The plan> must include:
4-55 (1) personnel policies, including policies relating to
4-56 recruitment, evaluation, selection, appointment, training, and
4-57 promotion of personnel that are in compliance with requirements of
4-58 Chapter 21, Labor Code;
4-59 (2) a comprehensive analysis of the commission
4-60 workforce that meets federal and state guidelines;
4-61 (3) procedures by which a determination can be made
4-62 about the extent of underuse in the commission workforce of all
4-63 persons for whom federal or state guidelines encourage a more
4-64 equitable balance; and
4-65 (4) reasonable methods to address those areas of
4-66 underuse appropriately.
4-67 (c) A policy statement prepared under Subsection (b) must
4-68 cover an annual period, be updated annually, be reviewed by the
4-69 Commission on Human Rights for compliance with Subsection (b)(1),
4-70 and be filed with the governor's office.
5-1 (d) The governor's office shall deliver a biennial report to
5-2 the legislature based on the information received under Subsection
5-3 (c). The report may be made separately or as a part of other
5-4 biennial reports made to the legislature <a comprehensive analysis
5-5 of all employees by race, sex, ethnic origin, class of position,
5-6 and salary or wage;>
5-7 <(2) plans for recruitment, evaluation, selection,
5-8 appointment, training, promotion, and other personnel policies;>
5-9 <(3) steps reasonably designed to overcome any
5-10 identified underuse of minorities and women in the commission's
5-11 work force; and>
5-12 <(4) objectives and goals, timetables for the
5-13 achievement of those objectives and goals, and assignments of
5-14 responsibility for the achievement of the objectives and goals.>
5-15 <(c) Before the expiration of 30 days after April 1 and
5-16 November 1 of each year, the commission shall submit a progress
5-17 report to the governor. The report must include a statement of the
5-18 steps that the commission has taken during the reporting period to
5-19 comply with the requirements of Subsection (b)>.
5-20 SECTION 6. Subsection (a), Section 441.006, Government Code,
5-21 is amended to read as follows:
5-22 (a) The commission shall:
5-23 (1) govern the Texas State Library;
5-24 (2) adopt policies and rules to aid and encourage the
5-25 development of and cooperation among all types of libraries,
5-26 including public, academic, special, and other types of libraries;
5-27 (3) collect materials relating to the history of Texas
5-28 and adjoining states;
5-29 (4) preserve, classify, and publish the manuscript
5-30 archives and other matters it considers proper;
5-31 (5) diffuse knowledge relating to the history of
5-32 Texas;
5-33 (6) encourage historical work and research;
5-34 (7) mark historic sites and houses and secure their
5-35 preservation;
5-36 (8) aid those studying problems to be dealt with by
5-37 legislation;
5-38 (9) prepare and make available to the <general> public
5-39 and appropriate state agencies information of public interest <to
5-40 consumers> describing the functions of the commission and the
5-41 commission procedures by which complaints are filed with and
5-42 resolved by the commission;
5-43 (10) deposit <in the state treasury> money paid to the
5-44 commission under this chapter subject to Subchapter F, Chapter 404;
5-45 (11) give to any person contemplating the
5-46 establishment of a public library advice regarding matters such as
5-47 maintaining a public library, selecting books, cataloging, and
5-48 managing a library;
5-49 (12) conduct library institutes and encourage library
5-50 associations;
5-51 (13) aid and encourage, by adoption of policies and
5-52 programs, the development of effective records management and
5-53 preservation programs in the local governments of the state; <and>
5-54 (14) adopt rules governing the preservation,
5-55 microfilming, destruction, or other disposition of local government
5-56 records; and
5-57 (15) establish by rule methods by which consumers and
5-58 service recipients are notified of the name, mailing address, and
5-59 telephone number of the commission for the purpose of directing
5-60 complaints to the commission.
5-61 SECTION 7. Subsections (d) and (e), Section 441.007,
5-62 Government Code, are amended to read as follows:
5-63 (d) The commission shall keep <an> information <file> about
5-64 each complaint filed with the commission <relating to an individual
5-65 certified under this section>. The information shall include:
5-66 (1) the date the complaint is received;
5-67 (2) the name of the complainant;
5-68 (3) the subject matter of the complaint;
5-69 (4) a record of all persons contacted in relation to
5-70 the complaint;
6-1 (5) a summary of the results of the review or
6-2 investigation of the complaint; and
6-3 (6) for complaints for which the commission took no
6-4 action, an explanation of the reason the complaint was closed
6-5 without action.
6-6 (e) The commission shall keep a file about each written
6-7 complaint filed with the commission that it has authority to
6-8 resolve. The commission shall provide to the person filing the
6-9 complaint and the persons or entities complained about the
6-10 commission's policies and procedures pertaining to complaint
6-11 investigation and resolution. The commission, <shall notify the
6-12 parties to a written complaint filed with the commission of the
6-13 status of the complaint> at least quarterly and until final
6-14 disposition of the complaint, shall notify the person filing the
6-15 complaint and the persons or entities complained about of the
6-16 status of the complaint unless the notice would jeopardize an
6-17 undercover investigation.
6-18 SECTION 8. Subchapter A, Chapter 441, Government Code, is
6-19 amended by adding Sections 441.0071 through 441.0074 to read as
6-20 follows:
6-21 Sec. 441.0071. CERTIFICATE RENEWAL. (a) A person who is
6-22 otherwise eligible to renew a certificate may renew an unexpired
6-23 certificate by paying the required renewal fee to the commission
6-24 before the expiration date of the certificate. A person whose
6-25 certificate has expired may not engage in activities that require a
6-26 certificate until the certificate has been renewed under the
6-27 provisions of this section.
6-28 (b) If the person's certificate has been expired for 90 days
6-29 or less, the person may renew the certificate by paying to the
6-30 commission one and one-half times the required renewal fee.
6-31 (c) If the person's certificate has been expired for longer
6-32 than 90 days but less than one year, the person may renew the
6-33 certificate by paying to the commission two times the required
6-34 renewal fee.
6-35 (d) If the person's certificate has been expired for one
6-36 year or longer, the person may not renew the certificate. The
6-37 person may obtain a new certificate by complying with the more
6-38 stringent, as determined by the commission, of:
6-39 (1) the requirements and procedures for obtaining an
6-40 original certificate; or
6-41 (2) the requirements for renewing a certificate.
6-42 (e) If the person held a certificate in this state, moved to
6-43 another state, and currently holds a certificate and has been in
6-44 practice in the other state for the two years preceding
6-45 application, the person may renew an expired certificate. The
6-46 person must pay to the commission a fee that is equal to two times
6-47 the required renewal fee for the certificate.
6-48 (f) At least 30 days before the expiration of a person's
6-49 certificate, the commission shall send written notice of the
6-50 impending certificate expiration to the person at the person's last
6-51 known address according to the records of the commission.
6-52 Sec. 441.0072. CERTIFICATES FROM OTHER STATES. The
6-53 commission may waive any prerequisite to obtaining a certificate
6-54 for an applicant after reviewing the applicant's credentials and
6-55 determining that the applicant holds a valid certificate from
6-56 another state that has certification requirements substantially
6-57 equivalent to those of this state.
6-58 Sec. 441.0073. CERTIFICATE EXPIRATION DATES. The commission
6-59 by rule may adopt a system under which certificates expire on
6-60 various dates during the year. For the year in which the
6-61 expiration date is changed, certification fees shall be prorated on
6-62 a monthly basis so that each certificate holder pays only that
6-63 portion of the certification fee that is allocable to the number of
6-64 months during which the certificate is valid. On renewal of the
6-65 certificate on the new expiration date, the total certificate
6-66 renewal fee is payable.
6-67 Sec. 441.0074. DISCIPLINARY ACTIONS. If the commission
6-68 proposes to suspend, revoke, or refuse to renew a person's
6-69 certificate, the person is entitled to a hearing conducted by the
6-70 State Office of Administrative Hearings. Proceedings for a
7-1 disciplinary action are governed by the administrative procedure
7-2 law, Chapter 2001. Rules of practice adopted by the commission
7-3 under Section 2001.004 applicable to the proceedings for a
7-4 disciplinary action may not conflict with rules adopted by the
7-5 State Office of Administrative Hearings.
7-6 SECTION 9. Subchapter A, Chapter 441, Government Code, is
7-7 amended by adding Section 441.0091 to read as follows:
7-8 Sec. 441.0091. GRANT PROGRAM FOR LOCAL LIBRARIES. (a) In
7-9 addition to a grant or funding under Subchapter I, the commission
7-10 may provide for grants to meet specific information needs of
7-11 residents of this state and specific needs of local libraries that
7-12 are not adequately addressed under Subchapter I or other law.
7-13 (b) The commission, in designing the grant program under
7-14 this section:
7-15 (1) may consider federal law and federal funding
7-16 priorities;
7-17 (2) may include competitive grants; and
7-18 (3) shall adopt by rule the guidelines for awarding
7-19 grants.
7-20 SECTION 10. Subchapter A, Chapter 441, Government Code, is
7-21 amended by adding Section 441.0105 to read as follows:
7-22 Sec. 441.0105. RIGHT OF RECOVERY. (a) The governing body
7-23 of a state agency may demand and receive from any person any state
7-24 government record in private possession the removal of which from
7-25 the possession of the agency or the agency's predecessor was not
7-26 authorized by law.
7-27 (b) The director and librarian may demand and receive from
7-28 any person any state government record of permanent value in
7-29 private possession.
7-30 (c) If the person in possession of the state government
7-31 record refuses to deliver the record on demand, the director and
7-32 librarian or the governing body of a state agency may ask the
7-33 attorney general to petition a district court in Travis County for
7-34 the recovery of the record as provided by this section. If the
7-35 court finds that the record is a state government record, the court
7-36 shall order the return of the record to the custody of the state.
7-37 As part of the petition or at any time after its filing, the
7-38 attorney general may petition to have the record seized pending the
7-39 determination of the court if the director and librarian or
7-40 governing body finds the record is in danger of being destroyed,
7-41 mutilated, altered, secreted, or removed from the state.
7-42 (d) A state government record recovered as the result of a
7-43 petition by the attorney general shall be transferred to the
7-44 custody of the commission or other state agency for which the
7-45 return of the record was originally demanded.
7-46 (e) If the attorney general petitions a court for the
7-47 recovery of a record under Subsection (c) and prevails, the court
7-48 shall award attorney's fees and court costs to the prevailing
7-49 party.
7-50 (f) In this section, "state agency" means a state executive,
7-51 judicial, or legislative department, institution, board, or
7-52 commission, including an eleemosynary institution.
7-53 SECTION 11. Subsection (b), Section 441.012, Government
7-54 Code, is amended to read as follows:
7-55 (b) Any money paid to the commission for <received from> the
7-56 sale of copies of the Texas Archives is subject to Subchapter F,
7-57 Chapter 404 <shall be deposited in the state treasury>.
7-58 SECTION 12. Section 441.013, Government Code, is amended to
7-59 read as follows:
7-60 Sec. 441.013. Reports <REPORT TO GOVERNOR>. (a) The
7-61 commission shall make a biennial report to the governor that
7-62 includes:
7-63 (1) a comprehensive view of the operation of the
7-64 commission in discharging the duties imposed by this subchapter;
7-65 (2) a review of the library conditions in this state;
7-66 (3) an itemized statement of the commission's
7-67 expenditures;
7-68 (4) any recommendations suggested by the experience of
7-69 the commission;
7-70 (5) careful estimates of money necessary for carrying
8-1 out this subchapter; and
8-2 (6) the biennial report of the director and librarian
8-3 required by Section 441.002(g)(15).
8-4 (b) The report made under Subsection (a) shall be printed,
8-5 and the governor shall lay the report before the legislature as the
8-6 governor does with other departmental reports.
8-7 (c) The director and librarian shall prepare annually a
8-8 complete and detailed written report accounting for all funds
8-9 received and disbursed by the commission during the preceding
8-10 fiscal year. The annual report must meet the reporting
8-11 requirements applicable to financial reporting provided in the
8-12 General Appropriations Act.
8-13 SECTION 13. Subchapter A, Chapter 441, Government Code, is
8-14 amended by adding Section 441.017 to read as follows:
8-15 Sec. 441.017. COST RECOVERY FOR RECORDS STORAGE SERVICES.
8-16 (a) This section:
8-17 (1) applies to a record stored by the commission for a
8-18 state agency; and
8-19 (2) does not apply to a record that is under the
8-20 permanent control of the commission for archival purposes.
8-21 (b) The commission shall establish and keep current a cost
8-22 recovery schedule for its records storage services. The schedule
8-23 shall show the total cost, including indirect costs, to the
8-24 commission of its records storage services.
8-25 (c) Each state agency that will use the commission's records
8-26 storage services during a state fiscal biennium shall send to the
8-27 commission an estimate of the amount and nature of the services
8-28 that the agency will use during the biennium. The commission shall
8-29 prescribe:
8-30 (1) the time that the estimate must be sent; and
8-31 (2) the information that must be included in the
8-32 estimate.
8-33 (d) The commission shall base its legislative appropriations
8-34 request for providing records storage services to other agencies
8-35 for the biennium on the estimates received under Subsection (c).
8-36 The commission's appropriations request must:
8-37 (1) show the estimated cost for each agency for
8-38 records storage services; and
8-39 (2) identify the estimated amount that would need to
8-40 be appropriated from the general revenue fund, account in the
8-41 general revenue fund, or other fund or account to recover fully the
8-42 commission's costs in providing records storage services for other
8-43 agencies.
8-44 (e) The legislature may appropriate money to pay the
8-45 commission's costs in providing records storage services for an
8-46 agency:
8-47 (1) to the commission; or
8-48 (2) to the agency, which shall pay the commission its
8-49 costs as the services are provided.
8-50 (f) In this section, "agency" means a state executive,
8-51 judicial, or legislative department, institution, board, or
8-52 commission, including an eleemosynary institution.
8-53 SECTION 14. Section 441.053, Government Code, is amended to
8-54 read as follows:
8-55 Sec. 441.053. Records Management Interagency Coordinating
8-56 Council <AND PRESERVATION ADVISORY COMMITTEE>. (a) The Records
8-57 Management Interagency Coordinating Council <and Preservation
8-58 Advisory Committee> is composed of<:>
8-59 <(1)> each of the following officers or the officer's
8-60 designee:
8-61 (1) <(A)> the secretary of state;
8-62 (2) <(B)> the state auditor, who serves as a nonvoting
8-63 member;
8-64 (3) <(C)> the comptroller of public accounts;
8-65 (4) <(D)> the attorney general;
8-66 (5) <(E)> the director and librarian <state
8-67 archivist>; <and>
8-68 (6) <(F)> the executive director of the <State
8-69 Purchasing and> General Services Commission; and
8-70 (7) the executive director of the Department of
9-1 Information Resources
9-2 <(2) the executive head or, if the executive head
9-3 chooses, the departmental supervisor of:>
9-4 <(A) the Texas Department of Human Services;>
9-5 <(B) the Texas Department of Mental Health and
9-6 Mental Retardation;>
9-7 <(C) the Texas Department of Health;>
9-8 <(D) the Department of Public Safety;>
9-9 <(E) the Central Education Agency; and>
9-10 <(F) the State Board of Insurance>.
9-11 (b) The position of <committee shall select its> presiding
9-12 officer rotates among the members of the council <officers>. A
9-13 term as presiding officer is two years and expires on February 1 of
9-14 each odd-numbered year.
9-15 (c) Service on the council is an additional duty of a
9-16 member's office or employment. A member of the council <committee>
9-17 is not entitled to compensation for performing the work of the
9-18 council <committee> but is entitled to reimbursement for actual
9-19 expenses incurred in performing that work.
9-20 (d) The council is subject to the open meetings law, Chapter
9-21 551.
9-22 (e) The council's member agencies shall provide the staff
9-23 for the council.
9-24 (f) The council shall:
9-25 (1) review the activities of each member agency that
9-26 affect the state's management of records;
9-27 (2) study other records management issues; and
9-28 (3) report its findings and any recommended
9-29 legislation to the governor and the legislature not later than
9-30 November 1 of each even-numbered year.
9-31 (g) The council shall adopt policies that coordinate the
9-32 activities of each member agency and that make other improvements
9-33 in the state's management of records. The council shall adopt
9-34 policies under this subsection using the rule-making procedures
9-35 prescribed by Chapter 2001.
9-36 (h) Each member agency shall adopt the policies adopted
9-37 under Subsection (g) as the member agency's own rules, except to
9-38 the extent that the policies conflict with other state or federal
9-39 law.
9-40 (i) Each member agency shall report on its adoption and
9-41 implementation of rules under Subsection (h) to the council not
9-42 later than October 1 of each even-numbered year.
9-43 (j) In this section, "member agency" means each state
9-44 officer who is a member of the council or an agency that has a
9-45 representative who is a member of the council <committee shall
9-46 recommend improvements to the state's system of records management.
9-47 The committee shall submit its recommendations before March 2 of
9-48 each even-numbered year in a report to the Texas State Library and
9-49 Archives Commission, the Legislative Budget Board, the budget
9-50 division of the governor's office, the lieutenant governor, and the
9-51 speaker of the house of representatives. The report must include
9-52 an evaluation of savings that would result from the implementation
9-53 of the recommendations>.
9-54 SECTION 15. Subdivision (4), Section 441.101, Government
9-55 Code, is amended to read as follows:
9-56 (4) "State publication":
9-57 (A) means information in any format <printed
9-58 matter> that:
9-59 (i) is produced <in multiple copies> by
9-60 the authority of or at the total or partial expense of a state
9-61 agency or is required to be distributed under law by the agency;
9-62 and
9-63 (ii) is publicly distributed outside the
9-64 agency by or for the agency; and
9-65 (B) <, including a publication sponsored by or
9-66 purchased for distribution by a state agency or released by a
9-67 research firm, consulting firm, or other similar private
9-68 institution under contract with a state agency. The term> does not
9-69 include information the distribution of which is limited to:
9-70 (i) contractors with or grantees of the
10-1 agency;
10-2 (ii) persons within the agency or within
10-3 other government agencies; or
10-4 (iii) members of the public under a
10-5 request made under the open records law, Chapter 552
10-6 <correspondence, an interoffice memorandum, or a routine form>.
10-7 SECTION 16. Section 441.102, Government Code, is amended to
10-8 read as follows:
10-9 Sec. 441.102. Distribution of State Publications. (a) The
10-10 commission by rule shall establish procedures for the distribution
10-11 of state publications to depository libraries and for the retention
10-12 of those publications.
10-13 (b) The commission may enter into a contract with a
10-14 depository library under which the depository library receives all
10-15 or part of the state publications that are distributed.
10-16 (c) The commission shall establish a system to allow
10-17 electronic access at the Texas State Library and other depository
10-18 libraries to state publications in an electronic format that have
10-19 been made available to the public by or on behalf of a state
10-20 agency.
10-21 SECTION 17. Section 441.103, Government Code, is amended to
10-22 read as follows:
10-23 Sec. 441.103. STATE AGENCY DUTIES. (a) A state agency
10-24 shall designate one or more staff persons as agency publications
10-25 contact persons and shall notify the Texas State Library of those
10-26 persons' identities. A publications contact person <monthly> shall
10-27 maintain a record of the agency's state publications and shall
10-28 furnish to the Texas State Library a list of <all of> the agency's
10-29 new state publications as they become available <that were produced
10-30 during the preceding month>.
10-31 (b) A state agency shall furnish its state publications to
10-32 the Texas State Library in the number specified by commission
10-33 rules. On the printing of or awarding of a contract for the
10-34 printing of a publication, a state agency shall arrange for the
10-35 required number of copies to be deposited with the Texas State
10-36 Library. The commission may not require more than 75 copies of a
10-37 printed state publication.
10-38 (c) On the release of a state publication in an electronic
10-39 format and for the purpose of further distribution of the
10-40 publication, a state agency shall provide the Texas State Library:
10-41 (1) on-line access to the publication; or
10-42 (2) copies of the publication on an electronic
10-43 external storage device in the number of copies prescribed by the
10-44 commission but not to exceed 75.
10-45 (d) If a state agency is allowing public on-line access to a
10-46 state publication, the agency shall also provide the Texas State
10-47 Library with at least one free on-line connection to the agency's
10-48 state publications that can be accessed on-line. The connection
10-49 must:
10-50 (1) be provided in the form and manner prescribed by
10-51 the director and librarian; and
10-52 (2) be compatible with applicable standards prescribed
10-53 by the Department of Information Resources.
10-54 SECTION 18. Section 441.104, Government Code, is amended to
10-55 read as follows:
10-56 Sec. 441.104. Duties of Texas State Library. The Texas
10-57 State Library shall:
10-58 (1) acquire, organize, and retain state publications;
10-59 (2) collect state publications and distribute them to
10-60 depository libraries;
10-61 (3) establish a microform program for the preservation
10-62 and management of state publications and make available state
10-63 publications in microform to depository libraries and other
10-64 libraries at a reasonable cost;
10-65 (4) periodically issue a list of all state
10-66 publications that it has received to all depository libraries and
10-67 other libraries on request;
10-68 (5) catalog, classify, and index all state
10-69 publications that it receives and distribute the cataloging,
10-70 classification, and indexing information to depository libraries
11-1 and to other libraries on request; <and>
11-2 (6) ensure that state publications are fully
11-3 represented in regional and national automated library networks;
11-4 (7) index all state publications that are available in
11-5 an electronic format and make the index available in an electronic
11-6 format;
11-7 (8) provide on-line access to state publications that
11-8 can be accessed on-line; and
11-9 (9) provide other depository libraries appropriate
11-10 access, at no charge, to state publications available in an
11-11 electronic format.
11-12 SECTION 19. Section 441.105, Government Code, is amended to
11-13 read as follows:
11-14 Sec. 441.105. EXEMPT PUBLICATIONS. The state librarian may
11-15 specifically exempt a publication or a distribution format from
11-16 this subchapter.
11-17 SECTION 20. Subdivisions (1) and (11), Section 441.122,
11-18 Government Code, are amended to read as follows:
11-19 (1) "Accreditation of libraries" means the evaluation
11-20 and rating of public libraries and library systems, and the
11-21 evaluation and rating of libraries that are operated by a public
11-22 school district, institution of higher education, or unit of state
11-23 or local government but that are not public libraries, according to
11-24 commission accreditation standards.
11-25 (11) "Major resource system" means a network of
11-26 library systems attached to a major resource center, consisting of
11-27 area libraries joined cooperatively to the major resource center,
11-28 <and of> community libraries joined cooperatively to area libraries
11-29 or directly to the major resource center, and libraries that are
11-30 not public libraries that join the system under Section 441.1271.
11-31 SECTION 21. Subchapter I, Chapter 441, Government Code, is
11-32 amended by adding Section 441.1271 to read as follows:
11-33 Sec. 441.1271. EXTENDING MEMBERSHIP OF MAJOR RESOURCE
11-34 SYSTEMS TO CERTAIN NONPUBLIC LIBRARIES. (a) A major resource
11-35 system may extend its membership to include libraries that are not
11-36 public libraries and that are operated by one of the following:
11-37 (1) a public school district;
11-38 (2) an institution of higher education;
11-39 (3) a unit of state government; or
11-40 (4) a unit of local government.
11-41 (b) The decision to extend major resource system membership
11-42 under Subsection (a) must be:
11-43 (1) made on a two-thirds vote of the governing bodies
11-44 of the members of the major resource system; and
11-45 (2) approved by the commission.
11-46 (c) A library that is a type of library to which a major
11-47 resource system has extended its membership under this section:
11-48 (1) must be accredited by the commission to be
11-49 eligible to join the system; and
11-50 (2) may join the system by resolution or ordinance of
11-51 its governing body and execution of interlibrary contracts for
11-52 service.
11-53 (d) The commission may terminate the system membership of a
11-54 library that is not a public library and that joined a major
11-55 resource system under this section if the library:
11-56 (1) loses its accreditation by ceasing to meet the
11-57 minimum standards established by the commission; or
11-58 (2) fails to comply with obligations stated in the
11-59 applicable resolution or ordinance or interlibrary contracts for
11-60 service.
11-61 (e) A library that is not a public library that joins a
11-62 major resource system under this section must provide benefits to
11-63 the public through its membership in the system that are sufficient
11-64 to constitute fair value in exchange for the benefits received by
11-65 the library through its membership in the system.
11-66 (f) A major resource system that has extended its membership
11-67 to some but not all of the types of libraries described by
11-68 Subsection (a) may extend its membership to one or more of the
11-69 remaining types of libraries described by Subsection (a). A
11-70 decision under this subsection must be made and approved in the
12-1 manner prescribed for a decision under Subsection (b).
12-2 SECTION 22. Section 441.158, Government Code, is amended by
12-3 amending Subsection (d) and adding Subsection (f) to read as
12-4 follows:
12-5 (d) Before the adoption of a records retention schedule by
12-6 the commission, it must be reviewed <approved> by <a majority of
12-7 the members of> the local government records committee established
12-8 under Section 441.161.
12-9 (f) The initial records retention schedules adopted by the
12-10 commission under this section must be adopted not later than
12-11 January 2, 1996. This subsection expires January 5, 1999.
12-12 SECTION 23. Section 441.160, Government Code, is amended to
12-13 read as follows:
12-14 Sec. 441.160. Revisions to Records Retention Schedules. The
12-15 records retention schedules may be revised and the revisions take
12-16 effect according to their terms when they are approved and adopted
12-17 in the same manner as provided by Section 441.158. However,
12-18 editorial changes that do not substantively change the description
12-19 of a record or its retention period and changes to retention
12-20 periods as the result of changes to retention periods prescribed in
12-21 a federal or state law, rule of court, or regulation do not require
12-22 review by <approval of> the local government records committee
12-23 before adoption.
12-24 SECTION 24. Section 441.161, Government Code, is amended to
12-25 read as follows:
12-26 Sec. 441.161. Local Government Records Committee. (a) A
12-27 local government records committee shall be established to:
12-28 (1) review and comment on <approve by a majority vote
12-29 of its members> each of the records retention schedules prepared by
12-30 the director and librarian as provided by Section 441.158;
12-31 (2) review and comment on <approve by a majority vote
12-32 of its members> certain rules to be considered for adoption by the
12-33 commission as provided by Section 441.165; and
12-34 (3) advise the commission and the director and
12-35 librarian on all matters concerning the management and preservation
12-36 of local government records.
12-37 (b) In reviewing and commenting on <approving> records
12-38 retention schedules and rules under this section, each committee
12-39 member shall consider the costs of implementation and other factors
12-40 that may affect local governments.
12-41 SECTION 25. Subsection (b), Section 441.162, Government
12-42 Code, is amended to read as follows:
12-43 (b) The other members of the committee shall consist of 10
12-44 individuals, two of whom represent counties, two of whom represent
12-45 municipalities, two of whom represent school districts, two of whom
12-46 represent appraisal districts, and two of whom represent water
12-47 districts. At least one member must be a records management
12-48 officer under Chapter 203, Local Government Code, who is not also
12-49 an elected county officer. At least four members must represent
12-50 either a county with a population of fewer than 10,000 or a
12-51 municipality or district that does not extend into a county with a
12-52 population of 10,000 or more<:>
12-53 <(1) an active or retired district judge;>
12-54 <(2) a county judge or commissioner;>
12-55 <(3) a county clerk;>
12-56 <(4) a district clerk;>
12-57 <(5) a county auditor;>
12-58 <(6) a county attorney;>
12-59 <(7) a district attorney;>
12-60 <(8) a county sheriff;>
12-61 <(9) a county tax assessor-collector;>
12-62 <(10) a county treasurer;>
12-63 <(11) a justice of the peace or municipal court judge;>
12-64 <(12) a mayor or other member of the governing body of
12-65 a municipality;>
12-66 <(13) a city manager;>
12-67 <(14) three municipal clerks or secretaries, one from
12-68 a municipality with a population of less than 5,000, one from a
12-69 municipality with a population of 5,000 to 49,999, and one from a
12-70 municipality with a population of 50,000 or more;>
13-1 <(15) a municipal attorney;>
13-2 <(16) a municipal finance officer;>
13-3 <(17) a municipal personnel officer;>
13-4 <(18) three police chiefs, one from a municipality
13-5 with a population of less than 5,000, one from a municipality with
13-6 a population of 5,000 to 49,999, and one from a municipality with a
13-7 population of 50,000 or more;>
13-8 <(19) a fire chief;>
13-9 <(20) a municipal tax collector;>
13-10 <(21) a director or superintendent of a municipal
13-11 public works program, a municipal utility, or a municipal building
13-12 inspection department;>
13-13 <(22) an executive director of a hospital district or
13-14 a health district or authority or the designee of the executive
13-15 director;>
13-16 <(23) two executive directors of water districts or
13-17 their designees;>
13-18 <(24) two chief appraisers of appraisal districts or
13-19 their designees;>
13-20 <(25) three public school district representatives, or
13-21 their designees, one of whom must represent school districts with
13-22 an average daily attendance of less than 1,000; one of whom must
13-23 represent school districts with an average daily attendance of
13-24 1,000 to 9,999; and one of whom must represent school districts
13-25 with an average daily attendance of 10,000 or more; and>
13-26 <(26) two local government records management officers
13-27 other than elected county officers>.
13-28 SECTION 26. Section 441.163, Government Code, is amended to
13-29 read as follows:
13-30 Sec. 441.163. Appointment of Local Government Records
13-31 Committee; Compensation. (a) <The district judge member of the
13-32 committee shall be appointed by the president of the Texas Judicial
13-33 Council.> Each of the <other> members of the committee, except the
13-34 ex officio members, shall be appointed by the director and
13-35 librarian as provided by this section.
13-36 (b) On or before the 30th day before the date the director
13-37 and librarian makes an appointment, the director and librarian
13-38 shall cause to be published in the Texas Register a notice of the
13-39 intent to make an appointment.
13-40 (c) A nomination for appointment may be made by an
13-41 organization representing officers or employees of the type that
13-42 may <to> be appointed that has as members at least 50 of those
13-43 officers or employees.
13-44 (d) The <After the 30th day after the date the notice is
13-45 published under Subsection (b), the> director and librarian shall
13-46 consider persons who are nominated but is not required to appoint a
13-47 <the> nominee <if there is only one, shall appoint one of the
13-48 nominees if there is more than one, or shall appoint an officer
13-49 chosen by the director and librarian, if there are no nominees>.
13-50 (e) The <In choosing between two or more nominees, the>
13-51 director and librarian shall appoint members to give representation
13-52 to all geographical regions of the state <give preference to a
13-53 nomination or nominations received from organizations whose
13-54 membership consists primarily of the type of officer to be
13-55 nominated>.
13-56 (f) On or before the 30th day after the date of the
13-57 appointment of the last committee member under Subsections (a)
13-58 through (e) <Subsection (d)>, the director and librarian shall have
13-59 a complete list of committee members published in the Texas
13-60 Register.
13-61 (g) Service on the local government records committee by a
13-62 local government officer or employee is an additional duty of the
13-63 person's office or employment. A member of the committee may not
13-64 receive compensation for service on the committee but is entitled
13-65 to be reimbursed from funds of the commission for actual and
13-66 necessary expenses incurred on committee business, subject to any
13-67 limit provided by the General Appropriations Act. Expenses of the
13-68 attorney general and the comptroller of public accounts or their
13-69 designees shall be paid from the funds of their respective offices.
13-70 <Expenses of the district judge shall be paid from the funds of the
14-1 Texas Judicial Council.>
14-2 (h) The <district judge is chairman of the committee. In
14-3 the absence of the district judge at a meeting,> committee members
14-4 <in attendance> shall elect a presiding officer at the first
14-5 meeting held by newly appointed or reappointed members after
14-6 February 1 of an odd-numbered year. The director and librarian
14-7 shall call that first meeting <chairman as their first order of
14-8 business>.
14-9 SECTION 27. Subsection (a), Section 441.164, Government
14-10 Code, is amended to read as follows:
14-11 (a) Except for the ex officio members, committee members are
14-12 appointed for two-year terms expiring on February 1 of odd-numbered
14-13 years. <However, the initial committee members may be appointed
14-14 for terms of shorter than two years.>
14-15 SECTION 28. Section 441.165, Government Code, is amended to
14-16 read as follows:
14-17 Sec. 441.165. Certain Commission Rules. Rules and any
14-18 revisions to the rules developed under Sections 203.048, 204.004,
14-19 and 205.003, Local Government Code, must be reviewed <approved> by
14-20 <a majority of the members of> the local government records
14-21 committee established under Section 441.161.
14-22 SECTION 29. Subsections (a), (b), (c), and (h), Section
14-23 203.041, Local Government Code, are amended to read as follows:
14-24 (a) On or before January 4 <2>, 1999 <1995>, the records
14-25 management officer shall prepare and file with the director and
14-26 librarian:
14-27 (1) a records control schedule listing the following
14-28 records and establishing a retention period for each as provided by
14-29 Section 203.042:
14-30 (A) <(1)> all records created or received by the
14-31 local government or elective county office;
14-32 (B) <(2)> any record no longer created or
14-33 received by the local government or elective county office that is
14-34 still in its possession and for which the retention period on a
14-35 records retention schedule issued by the commission has not
14-36 expired; and
14-37 (C) <(3)> any record no longer created or
14-38 received by the local government or elective county office that is
14-39 still in its possession and for which the retention period on a
14-40 records retention schedule issued by the commission has expired but
14-41 which will not be destroyed as provided by Section 203.044; or
14-42 (2) a written declaration that the governing body of
14-43 the local government or an elected county officer has adopted
14-44 appropriate records retention schedules issued by the commission as
14-45 the records control schedules for use in the records management
14-46 program of the local government or elective county office.
14-47 (b) At the discretion of the records management officer, a
14-48 <the> records control schedule that is not identical to applicable
14-49 commission records retention schedules may also list and provide
14-50 retention periods for material that is excluded from the definition
14-51 of a local government record by Section 201.003(8) and exempted
14-52 records described by Section 202.001(b) if in the officer's opinion
14-53 the inclusion of the material or records is necessary to ensure the
14-54 periodic destruction of the material or records in the interest of
14-55 efficient records management.
14-56 (c) A records control schedule that is identical to
14-57 applicable commission records retention schedules may be amended so
14-58 that it is no longer identical to the commission schedules. The
14-59 amended schedule must be prepared and filed for acceptance with the
14-60 director and librarian in the same manner as other amended records
14-61 control schedules <At the discretion of the director and librarian
14-62 and on petition from a local government or elected county officer
14-63 that it will be impossible to comply fully with the requirements of
14-64 Subsection (a), the director and librarian may extend the deadline
14-65 for the filing of records control schedules for a period on which
14-66 the director and librarian and the local government or elected
14-67 county officer agree. One or more additional extensions may be
14-68 granted, but in no case may the first extension and any additional
14-69 extensions be for a combined period of more than three years for
14-70 the same local government or elective county office>.
15-1 (h) The director and librarian shall determine the form and
15-2 manner of the filing of records control schedules, <and> amended
15-3 schedules, and written declarations described by Subsection (a)(2).
15-4 SECTION 30. Subsection (a), Section 203.042, Local
15-5 Government Code, is amended to read as follows:
15-6 (a) The decision to adopt a records control schedule that is
15-7 identical to applicable commission records retention schedules or
15-8 the length of the <A> retention period for each record on a <the>
15-9 records control schedule that is not identical to applicable
15-10 commission records retention schedules shall be determined by the
15-11 governing body or under its direction or by the elected county
15-12 officer, as applicable.
15-13 SECTION 31. Subsections (a), (b), and (c), Section 203.043,
15-14 Local Government Code, are amended to read as follows:
15-15 (a) If the director and librarian or the designee of the
15-16 director and librarian accepts the records control schedule, <or>
15-17 amended schedule, or written declaration described by Section
15-18 203.041(a)(2) for filing, the acceptable records control schedule
15-19 <it> may be used as the basis for the destruction of records listed
15-20 on it without additional notice to the director and librarian.
15-21 (b) If the director and librarian or the designee of the
15-22 director and librarian rejects the records control schedule, <or>
15-23 amended schedule, or written declaration described by Section
15-24 203.041(a)(2) for filing, the reasons for the rejection shall be
15-25 stated in writing within a reasonable time to the records
15-26 management officer and the schedule or amended schedule shall be
15-27 corrected and resubmitted or the appropriate records retention
15-28 schedules shall be adopted as the records control schedule and the
15-29 written declaration shall be resubmitted.
15-30 (c) The director and librarian or the designee of the
15-31 director and librarian may reject a records control schedule or
15-32 amended schedule for filing only if a retention period listed on it
15-33 is less than a retention period for the same record established on
15-34 a records retention schedule issued by the commission or if the
15-35 schedule is in violation of this subtitle or a rule adopted under
15-36 it. The director and librarian or the designee of the director and
15-37 librarian may reject a written declaration described by Section
15-38 203.041(a)(2) for filing only if the local government or elected
15-39 county officer did not adopt the appropriate records retention
15-40 schedules.
15-41 SECTION 32. Subsections (a), (b), and (c), Section 203.045,
15-42 Local Government Code, are amended to read as follows:
15-43 (a) Before the filing of a records control schedule or
15-44 written declaration as provided by Section 203.041, a local
15-45 government record may be destroyed only with the prior approval of
15-46 the director and librarian.
15-47 (b) After the filing of a records control schedule, <or an>
15-48 amended schedule, or written declaration as provided by Section
15-49 203.041, a record that does not appear on an accepted <a> records
15-50 control schedule or amended schedule <accepted for filing> may be
15-51 destroyed only with the prior approval of the director and
15-52 librarian.
15-53 (c) Requests for authorization to destroy unscheduled
15-54 records shall be submitted by the records management officer or
15-55 under the officer's direction. However, if the request is
15-56 submitted before the filing of a records control schedule or
15-57 written declaration as provided by Section 203.041 and a records
15-58 management officer has not yet been designated as provided by
15-59 Section 203.025, the request shall be submitted by the custodian.
15-60 SECTION 33. Section 203.048, Local Government Code, is
15-61 amended to read as follows:
15-62 Sec. 203.048. Care of Records of Permanent Value. The
15-63 commission shall adopt rules establishing standards for the proper
15-64 care and storage of local government records of permanent value.
15-65 The commission may require that certain local government records of
15-66 permanent value be created on permanent-durable paper, the
15-67 standards for which shall be established by rule. The rules must
15-68 be reviewed <approved> as required by Section 441.165, Government
15-69 Code.
15-70 SECTION 34. Subsection (a), Section 204.004, Local
16-1 Government Code, is amended to read as follows:
16-2 (a) The commission shall adopt rules <on or before April 1,
16-3 1990,> establishing standards and procedures for the microfilming
16-4 of local government records. The rules must be reviewed <approved>
16-5 as required by Section 441.165, Government Code.
16-6 SECTION 35. Subsection (a), Section 205.003, Local
16-7 Government Code, is amended to read as follows:
16-8 (a) The commission shall adopt rules establishing standards
16-9 and procedures for the electronic storage of any local government
16-10 record data of permanent value and may adopt rules establishing
16-11 standards and procedures for the electronic storage of any local
16-12 government record data whose retention period is at least 10 years
16-13 on a records retention schedule issued by the commission. The
16-14 rules must be reviewed <approved> as required by Section 441.165,
16-15 Government Code.
16-16 SECTION 36. Subchapter P, Chapter 481, Government Code, is
16-17 repealed.
16-18 SECTION 37. (a) The State Council on Competitive Government
16-19 shall study the microfilming and records storage services performed
16-20 by the Texas State Library and Archives Commission that are also
16-21 commercially available to determine whether state government should
16-22 procure those services competitively from private sources, from the
16-23 commission and other public sources, or from both.
16-24 (b) The council shall include in its study the commission's
16-25 document destruction services but not include in its study the
16-26 commission's preservation microfilming services.
16-27 (c) The council shall complete its study before September 1,
16-28 1997.
16-29 (d) The council may, if it is advantageous to the state,
16-30 direct that state agencies procure competitively some or all of the
16-31 studied services from private sources, from the commission and
16-32 other public sources, or from both.
16-33 SECTION 38. The changes in law to Subsections (a), (f), and
16-34 (g), Section 441.001, Government Code, made by this Act apply only
16-35 to a member of the Texas State Library and Archives Commission who
16-36 is appointed to the commission on or after the effective date of
16-37 this Act. A person who is a member of the commission before the
16-38 effective date of this Act is governed for the remainder of the
16-39 term to which the person was appointed by Subsections (a), (f), and
16-40 (g), Section 441.001, Government Code, as those statutes existed
16-41 immediately before the effective date of this Act, and the prior
16-42 law is continued in effect for that purpose.
16-43 SECTION 39. (a) The Texas State Library and Archives
16-44 Commission, in establishing the system under Subchapter G, Chapter
16-45 441, Government Code, as amended by this Act, for public electronic
16-46 access at the Texas State Library and other depository libraries to
16-47 state publications that are in an electronic format, shall:
16-48 (1) phase in the system over a four-year period
16-49 beginning September 1, 1995; and
16-50 (2) establish the system using existing state agency
16-51 electronic networks to the greatest extent possible to minimize the
16-52 cost of establishing the system.
16-53 (b) State agencies shall cooperate with the commission in
16-54 establishing the system.
16-55 SECTION 40. (a) The Records Management and Preservation
16-56 Advisory Committee is abolished.
16-57 (b) All property and records of the committee become the
16-58 property and records of the Records Management Interagency
16-59 Coordinating Council established by this Act.
16-60 (c) A reference in law to the advisory committee is a
16-61 reference to the coordinating council.
16-62 (d) The director and librarian of the Texas State Library
16-63 and Archives Commission is the first presiding officer of the
16-64 coordinating council.
16-65 SECTION 41. (a) Notwithstanding Section 441.164, Government
16-66 Code, the terms of the members of the local government records
16-67 committee who hold their positions on the committee immediately
16-68 before the effective date of this Act expire on that effective
16-69 date. As soon as possible after the effective date of this Act,
16-70 the director and librarian of the Texas State Library and Archives
17-1 Commission shall appoint members to the local government records
17-2 committee in accordance with Sections 441.162, 441.163, and
17-3 441.164, Government Code, as amended by this Act, for terms
17-4 expiring February 1, 1997. The director and librarian shall call
17-5 the first meeting of the committee members appointed under this
17-6 subsection as soon as necessary after all members have been
17-7 appointed.
17-8 (b) Any rules, schedules, or revisions of rules or schedules
17-9 that are pending before the local government records committee for
17-10 approval on the effective date of this Act are no longer subject to
17-11 the committee's approval. The committee shall review and comment
17-12 on the rules, schedules, or revisions in accordance with Section
17-13 441.161, Government Code, as amended by this Act.
17-14 SECTION 42. This Act takes effect September 1, 1995.
17-15 SECTION 43. The importance of this legislation and the
17-16 crowded condition of the calendars in both houses create an
17-17 emergency and an imperative public necessity that the
17-18 constitutional rule requiring bills to be read on three several
17-19 days in each house be suspended, and this rule is hereby suspended.
17-20 * * * * *