LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE 74th Regular Session March 22, 1995 TO: Honorable Ken Armbrister, Chair IN RE: Senate BillNo. 366, Committee on State Affairs as amended Senate By: Armbrister Austin, Texas FROM: John Keel, Director In response to your request for a Fiscal Note on Senate Bill No. 366 (relating to the continuation and functions of the Texas State Library and Archives Commission, including the commission's involvement with the management of governmental records) this office has determined the following: The bill will make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. The Texas State Library and Archives Commission is subject to the provisions of the Texas Sunset Act, and unless continued in existence by the Legislature, will be abolished effective September 1, 1995. The bill would continue the Texas State Library and Archives Commission and make several changes to its enabling statute. Some of the more significant changes include: establishing a cost recovery procedure for the storage of records at the State Records Center; requiring TSL to develop an index of state agency electronic publications and provide access to those publications available in an electronic format; reducing the size and modifying the composition and duties of the Local Government Records Committee; authorizing TSL to create a state-funded grant program to meet the information needs of Texans and local libraries that cannot be adequately addressed by other programs; and requiring the Council on Competitive Government to review TSL's commercially available microfilming, records storage and records destruction services to determine if the services should be competitively procured. The amount set forth for the administration of this agency in the General Appropriation Bill, as introduced, (FY96 = $18,387,076 ; FY97 = $18,438,148) would be contingent upon passage of House Bill No. 1122 or similar legislation. The appropriations would be financed from the General Revenue Fund 001, the Federal Public Library Service Fund No. 118, appropriated receipts and interagency contracts and would provide for approximately 206 employees. This bill contains several provisions that could have a fiscal implication to the state associated with their implementation. The bill authorizes TSL to create a state-funded grant program that targets local library needs. Because the bill authorizes but does not require the establishment of a grant program, and it does not provide additional funding of this program, no additional fiscal implications are anticipated. The bill requires the Council on Competitive Government to review TSL's commercially available microfilming and records storage services to determine if the services should be competitively procured. Savings could result from the Council's review if any of these services are contracted out to the private sector, however the amount of these savings cannot be estimated. The bill also requires TSL to establish a cost recovery procedure for the storage of records at the State Records Center. This change will require the transfer of an estimated $37,000 from dedicated funds and dedicated accounts in the General Revenue Fund to the unrestricted portion of the Fund. This provision would have no additional fiscal implication to the state. Another provision in the bill with a potential fiscal impact relates to developing an index of all state publications available in an electronic format and making the index available in an electronic format. TSL is also required to provide on-line access to state publications that can be accessed on-line. Because TSL can establish on-line access with the assistance of other state agencies that have existing electronic networks, any cost of implementing this provision is expected to be insignificant. The bill reduces the size and modifies the duties of the Local Government Records Committee. This provision would result in a savings to the state, however the exact amount is not expected to be significant. The bill would authorize local governments to adopt record retention schedules developed by TSL, rather than developing their own schedules. This provision could result in a savings to local governments who choose to use TSL's retention schedule rather than developing their own, but any savings cannot be determined. No significant fiscal implication to the State or units of local government is anticipated. Source: Sunset Advisory Commission, Office of the Governor, Library and Archives Commission LBB Staff: JK, CG, DF