SRC-CDH H.B. 1812 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1812
By: Hunter (Shapiro)
State Affairs
5-12-97
Engrossed


DIGEST 

Current laws relating to state records, archives, and other historical
resources were enacted piecemeal over the last 100 years.  Although the
Texas State Library and Archives Commission (commission) has been able to
exercise its responsibilities in the management of state agency records
and in preserving state records of historical value, current law is
scattered throughout several subchapters of Chapter 441, Government Code,
and is often ambiguous, unclear, and contradictory.  Current law also does
not adequately address electronic media.  A revision of the state records
and archival statutes would enable the commission to provide more
effective leadership in the management and preservation of state records
and information.  H.B. 1812 consolidates, clarifies, and modernizes
statutes relating to the management of state records and the preservation
of archival state records and other historical resources.   

PURPOSE

As proposed, H.B. 1812 establishes provisions relating to the Texas State
Library and Archives Commission and the preservation, management, and
disposition of state records and other historical resources.   

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas State Library and Archives
Commission in SECTION 1 (Sections 441.185(e) and (f), 441.187(e),
441.190(a), 441.193(c), 441.199, and 441.203(f), Government Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 441, Government Code, by adding Subchapter L, as
follows: 

SUBCHAPTER L.  PRESERVATION AND MANAGEMENT OF STATE RECORDS AND OTHER
HISTORICAL RESOURCES 

Sec. 441.180.  DEFINITIONS.  Defines "agency head," "archival state
record," "commission," "confidential state record," "director and
librarian," "historical resources," "records management," "records
management officer," "state agency," "state archivist," "state record,"
"state records administrator," and "vital state record." 

Sec. 441.181.  STATE ARCHIVES PROGRAM.  Requires the Texas State Library
and Archives Commission (commission) to take legal custody of and preserve
archival state records, and to endeavor to collect and preserve certain
other historical resources.  Requires the director and librarian to
appoint a state archivist to administer the state archives program.
Requires the state archivist, under the direction of the director and
librarian, to fulfill certain responsibilities, including assisting in
carrying out the duties of the commission and the director and librarian
relating to the preservation of local government records of permanent
value. 

Sec. 441.182.  STATE RECORDS MANAGEMENT PROGRAM.  Sets forth the terms by
which the commission is required to assist state agencies in managing
state records in accordance with this subchapter and rules adopted under
this subchapter.  Requires the  director and librarian to designate a
state records administrator to administer the state records management
program by fulfilling certain responsibilities. 

Sec. 441.183.  RECORDS MANAGEMENT PROGRAMS IN STATE AGENCIES. Requires the
agency head of each state agency to complete certain responsibilities
regarding records management programs.   

Sec. 441.184.  RECORDS MANAGEMENT OFFICERS.  Requires each state agency
head to act as or appoint a records management officer for the state
agency to administer the agency's records management program.  Sets forth
the duties and terms of service of records management officers. 

Sec. 441.185.  RECORD RETENTION SCHEDULES.  Sets forth the terms by which
each records management officer is required to survey the state records of
the agency and prepare and submit a records retention schedule to the
state records administrator.  Requires the commission to adopt rules
concerning the submission of records retention schedules to the state
records administrator.  Authorizes the commission, by rule, to prescribe a
minimum retention period for any state record under certain circumstances. 

Sec. 441.186.  ARCHIVAL STATE RECORDS.  Sets forth the terms by which the
state archivist, through review of state records retention schedules and
other means, is required to identify and designate which state records are
archival state records or which state records of potential archival value
are required to be subject to the review of the state archivist prior to
their destruction.  Sets forth provisions regarding the inspection of
state records; the transfer of state records to the commission's custody;
the preservation of archival state records by state agencies and
components of university systems; and the destruction of state records.   

Sec. 441.187.  DESTRUCTION OF STATE RECORDS.  Prohibits a state record
from being destroyed by a state agency under certain circumstances.
Authorizes a state record to be destroyed when certain conditions are met.
Authorizes the commission to adopt rules prescribing the permissible means
by which state records may be destroyed.   

Sec. 441.188.  MICROFILMED STATE RECORDS.  Authorizes any state record to
be maintained on microfilm.  Sets forth provisions regarding the
microfilming of any state record and the maintenance of a state record on
microfilm.  Establishes the conditions under which a microfilmed state
record is an original record. 

Sec. 441.189.  ELECTRONIC STATE RECORDS.  Authorizes any state record to
be created or stored electronically in accordance with standards and
procedures adopted as administrative rules of the commission.  Establishes
the conditions under which a microfilmed state record is an original
record. 

Sec. 441.190.  PROTECTION, MAINTENANCE, AND STORAGE OF STATE RECORDS.
Authorizes the commission to adopt rules establishing standards and
procedures for the protection, maintenance, and storage of state records. 

Sec. 441.191.  ALIENATION OF STATE RECORDS PROHIBITED.  Prohibits a state
record from being sold or donated, loaned, transferred, or otherwise
passed out of the custody of the state by a state agency without the
consent of the director and librarian, with certain exceptions. 

Sec. 441.192.  RIGHT OF RECOVERY.  Authorizes the governing body of a
state agency to demand the return of any state government record in the
private possession of a person if the removal of the state record was not
authorized by law.  Authorizes the director and librarian to demand the
return of any state government record of permanent value in the private
possession of any person.  Sets forth other provisions regarding the right
of recovery, the return of records to state or commission custody, and the
seizure of records.  

 Sec. 441.193.  CUSTODY OF STATE RECORDS AND OTHER HISTORICAL RESOURCES OF
COMMISSION; PUBLIC ACCESS.  Sets forth the terms by which all archival
state records transferred to the custody of the commission and all other
historical resources acquired by the commission become the property of the
commission.  Establishes the conditions under which the commission is
required to adopt rules regarding public access to the archival state
records and other historical resources in the possession of the
commission.  Sets forth provisions regarding requests and authorizations
for public access to state records. 

Sec. 441.194.  RECORDS OF ABOLISHED STATE AGENCIES.  Sets forth the terms
by which the General Services Commission is required to take custody of
the records of a state agency that is abolished by the legislature and
whose duties and responsibilities are not transferred to another state
agency.  Sets forth other provisions regarding the records of abolished
state agencies. 

Sec. 144.195.  CONTRACTING AUTHORITY.  Authorizes the commission to enter
into any contract or agreement that it considers necessary to foster the
preservation of state records or other historical resources.  Prohibits a
commission contract or agreement from binding the state for the payment of
certain funds. 

Sec. 144.196.  SALE OF COPIES OF STATE ARCHIVES.  Sets forth provisions
regarding the sale of copies of state archives.   

Sec. 144.197.  SALE OF DUPLICATE OR UNNEEDED MATERIAL.  Sets forth
provisions regarding the sale of duplicate or unneeded archival state
records or other historical resources. 

Sec. 144.198.  AGREEMENT WITH MEXICO.  Authorizes the commission to
negotiate an agreement with the appropriate authorities in Mexico under
which this state will trade or lend to Mexico certain flags and Mexico
will trade or lend to this state the flag of the New Orleans Greys
captured at the Battle of the Alamo.  Sets forth other requirements
regarding the agreement with Mexico.   

Sec. 441.199.  RULEMAKING AUTHORITY.  Authorizes the commission to adopt
other rules it determines necessary for cost reduction and efficiency of
record keeping by state agencies and for the state's management and
preservation of records, in addition to other rulemaking authority granted
in this subchapter.   

Sec. 441.200.  AUDIT.  Authorizes the state auditor to report on a state
agency's compliance with this subchapter and rules adopted under this
subchapter. 

Sec. 441.201.  RECORDS OF OFFICE OF GOVERNOR.  Sets forth provisions
regarding the records of the executive office of the governor created or
received during that governor's term of office.   

Sec. 441.202.  ARCHIVES OF GENERAL LAND OFFICE.  Establishes provisions
regarding the archives of the general land office.   

Sec. 441.203.  RECORDS MANAGEMENT INTERAGENCY COORDINATING COUNCIL.  Sets
forth the composition of the Records Management Interagency Coordinating
Council, as well as provisions regarding its presiding officer, service
and compensation of members, and council staff.  Requires the council to
adopt policies, using the rulemaking procedures prescribed by Chapter 2001
that coordinate the activities of each member agency and that make other
improvements in the state's management of records. Requires each member
agency to adopt the policies and report on the agency's adoption and
implementation of the rules by a certain date.  Defines "member agency." 

SECTION 2. Amends Section 51.204, Government Code, as follows:

 Sec. 51.204.  New heading:  RECORDS OF COURT.  Requires the clerk to
destroy all records filed in the court related to a civil case ten years
after the final disposition of the case except indexes, original opinions,
minutes, and general court dockets, unless the documents are microfilmed
in accordance with this section; and other records of the court determined
to be archival state records under Section 441.186.  Requires the clerk to
retain other records of the court in accordance with Section 441.185.
Requires the clerk, before microfilming records, to submit a plan in
writing to the justices of a court of appeals for that purpose.  Sets
forth provisions regarding the justices' decision and the clerk's adoption
of the plan.  Deletes existing text regarding transfer of a record to
certain public or private libraries or agencies. 

SECTION 3. Amends Section 441.002(g), Government Code, to require the
director and the librarian, under the direction of the commission, to
administer programs to carry out the duties of the commission and the
director and librarian under Title 6C, Local Government Code, and
Subchapters J and L.  Deletes existing text regarding the responsibilities
of the director and the librarian regarding certain state records and
historical resources. 

SECTION 4. Amends Section 441.003, Government Code, by amending
Subsections (a), (c), and (d), and adding Subsection (e), to require,
subject to the approval of the commission, the director and librarian to
appoint a state records administrator and certain other employees
necessary to fulfill the duties of the commission and the director and
librarian.  Requires a person to have appropriate training and experience
to be eligible for appointment as state archivist or state records
administrator. Deletes provisions regarding maintenance of libraries and
archives in this state and eligibility for appointment as a state
archivist, head of a department, and certain other positions.  Authorizes
the director and librarian to designate a staff member to serve as both
state archivist and state records administrator.  Establishes that any
provision of Subchapter L requiring joint action by the state archivist
and the state records administrator requires only the action of the person
designated. 

SECTION 5. Amends Section 441.006(a), Government Code, to require the
commission to take custody of, preserve, and make available for public use
certain state records and other historical resources.  Deletes certain
provisions requiring the commission to fulfill other responsibilities
regarding state archival materials.   

SECTION 6. Amends Section 441.008(c), Government Code, to provide that
this section does not apply to any state archival record or other
historical resource that the director and librarian has designated to be
part of the state archives program.  Deletes existing text regarding a
book or document that is an archive of the state library. 

SECTION 7. Amends Section 441.013(a), Government Code, to require the
commission to make a biennial report to the governor that includes a
review of commission activities under Title 6C, Local Government Code, and
Subchapters J and L.  Deletes existing text regarding the biennial report
of the director and librarian required by Section 441.002(g)(15). 

SECTION 8. Repealer:  Section 51.205, Government Code (Preservation of
Records); Section 441.002(i), Government Code (regarding the proper
custody of certain documents and data); Section 441.010, Government Code
(Custody of Records); Section 441.0105, Government Code (Right of
Recovery); Section 441.011, Government Code (Relics); Section 441.0115,
Government Code (Agreement with Mexico); Section 441.012, Government Code
(Sale of Texas Archives); Chapter 441B, Government Code (Archives of
Certain Agencies); Chapter 441C, Government Code (Records Management
Division of Texas State Library); Chapter 441D, Government Code
(Preservation of Essential Records); and Chapter 441K, Government Code
(Reduction and Simplification of Agency Paperwork). 

SECTION 9. Effective date:  September 1, 1997.

SECTION 10 Emergency clause.