75R11961 MLS-F
By Hunter, et al. H.B. No. 1812
Substitute the following for H.B. No. 1812:
By Hunter C.S.H.B. No. 1812
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas State Library and Archives Commission and the
1-3 preservation, management, and disposition of state records and
1-4 other historical resources.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 441, Government Code, is amended by
1-7 adding Subchapter L to read as follows:
1-8 SUBCHAPTER L. PRESERVATION AND MANAGEMENT OF STATE
1-9 RECORDS AND OTHER HISTORICAL RESOURCES
1-10 Sec. 441.180. DEFINITIONS. In this subchapter:
1-11 (1) "Agency head" means the appointed or elected
1-12 official who serves by the state constitution, state statute, or
1-13 action of the governing body of a state agency as the chief
1-14 executive and administrative officer of a state agency.
1-15 (2) "Archival state record" means a state record of
1-16 enduring value that will be preserved on a continuing basis by the
1-17 Texas State Library and Archives Commission or another state agency
1-18 until the state archivist indicates that based on a reappraisal of
1-19 the record it no longer merits further retention.
1-20 (3) "Commission" means the Texas State Library and
1-21 Archives Commission.
1-22 (4) "Confidential state record" means any state record
1-23 to which public access is or may be restricted or denied under
1-24 Chapter 552 or other state or federal law.
2-1 (5) "Director and librarian" means the chief executive
2-2 and administrative officer of the Texas State Library and Archives
2-3 Commission.
2-4 (6) "Historical resources" means any manuscript, map,
2-5 photograph, artistic depiction, printed material, flag, or other
2-6 recorded information, or copies of that information, in the
2-7 possession of this state, an individual, a private institution,
2-8 another state, or another nation relating to the history and
2-9 culture of Texas as a province, colony, republic, or state.
2-10 (7) "Records management" means the application of
2-11 management techniques to the creation, use, maintenance, retention,
2-12 preservation, and destruction of state records for the purposes of
2-13 improving the efficiency of recordkeeping, ensuring access to
2-14 public information under Chapter 552, and reducing costs. The term
2-15 includes:
2-16 (A) the development of records retention
2-17 schedules;
2-18 (B) the management of filing and information
2-19 retrieval systems in any media;
2-20 (C) the adequate protection of state records
2-21 that are vital, archival, or confidential according to accepted
2-22 archival and records management practices;
2-23 (D) the economical and space-effective storage
2-24 of inactive records;
2-25 (E) control over the creation and distribution
2-26 of forms, reports, and correspondence; and
2-27 (F) maintenance of public information in a
3-1 manner to facilitate access by the public under Chapter 552.
3-2 (8) "Records management officer" means the person who
3-3 administers the records management program established in each
3-4 state agency under Section 441.183.
3-5 (9) "State agency" means:
3-6 (A) any department, commission, board, office,
3-7 or other agency in the executive, legislative, or judicial branch
3-8 of state government created by the constitution or a statute of
3-9 this state, including an eleemosynary institution;
3-10 (B) any university system and its components and
3-11 any institution of higher education as defined by Section 61.003,
3-12 Education Code, except a public junior college, not governed by a
3-13 university system board;
3-14 (C) the Texas Municipal Retirement System and
3-15 the Texas County and District Retirement System; and
3-16 (D) any public nonprofit corporation created by
3-17 the legislature whose responsibilities and authority are not
3-18 limited to a geographical area less than that of the state.
3-19 (10) "State archivist" means the person designated by
3-20 the director and librarian to administer the state archives program
3-21 under Section 441.181.
3-22 (11) "State record" means any written, photographic,
3-23 machine-readable, or other recorded information created or received
3-24 by or on behalf of a state agency or an elected state official that
3-25 documents activities in the conduct of state business or use of
3-26 public resources. The term does not include:
3-27 (A) library or museum material made or acquired
4-1 and maintained solely for reference or exhibition purposes;
4-2 (B) an extra copy of recorded information
4-3 maintained only for reference; or
4-4 (C) a stock of publications or blank forms.
4-5 (12) "State records administrator" means the person
4-6 designated by the director and librarian to administer the state
4-7 records management program under Section 441.182.
4-8 (13) "Vital state record" means any state record
4-9 necessary to:
4-10 (A) the resumption or continuation of state
4-11 agency operations in an emergency or disaster;
4-12 (B) the re-creation of the legal and financial
4-13 status of the agency; or
4-14 (C) the protection and fulfillment of
4-15 obligations to the people of the state.
4-16 Sec. 441.181. STATE ARCHIVES PROGRAM. (a) The commission
4-17 shall take legal custody of and preserve archival state records and
4-18 shall endeavor to collect and preserve other historical resources
4-19 determined by the director and librarian to possess sufficient
4-20 value to warrant continued preservation in the state archives.
4-21 (b) The director and librarian shall appoint a state
4-22 archivist to administer the state archives program.
4-23 (c) Under the direction of the director and librarian, the
4-24 state archivist shall:
4-25 (1) identify and designate archival state records and
4-26 arrange for their transfer to the custody of the commission in
4-27 accordance with Section 441.186;
5-1 (2) according to accepted archival practices, arrange,
5-2 describe, and preserve archival state records and historical
5-3 resources that come into the possession of the commission through
5-4 gift, purchase, or other means that the director and librarian
5-5 determines shall be included in the state archives program;
5-6 (3) prepare inventories, indexes, catalogs, or other
5-7 research aids to state archival records and other historical
5-8 resources held by the program;
5-9 (4) encourage public use of state archival records and
5-10 other historical resources held by the program and provide public
5-11 access to them in accordance with rules adopted by the commission
5-12 under Section 441.193;
5-13 (5) cooperate with and, when practicable, provide
5-14 training and consultative assistance to state agencies, libraries,
5-15 organizations, and individuals on projects designed to preserve
5-16 original source materials relating to Texas history, government,
5-17 and culture;
5-18 (6) advise the director and librarian and the
5-19 commission on all matters concerning the acquisition and
5-20 preservation of archival state records and other historical
5-21 resources; and
5-22 (7) perform other duties as this subchapter or the
5-23 director and librarian may require.
5-24 (d) Under the direction of the director and librarian, the
5-25 state archivist shall also assist in carrying out the duties of the
5-26 commission and the director and librarian relating to the
5-27 preservation of local government records of permanent value under
6-1 Subtitle C, Title 6, Local Government Code, and Subchapter J.
6-2 Sec. 441.182. STATE RECORDS MANAGEMENT PROGRAM. (a) The
6-3 commission shall assist state agencies in managing state records in
6-4 accordance with this subchapter and rules adopted under this
6-5 subchapter.
6-6 (b) The director and librarian shall designate a state
6-7 records administrator to administer the state records management
6-8 program.
6-9 (c) Under the direction of the director and librarian, the
6-10 state records administrator shall:
6-11 (1) provide training, consultative services, and
6-12 informational material to agency heads, records management
6-13 officers, and other staff to assist them in establishing and
6-14 administering records management programs in each state agency as
6-15 required under Section 441.183;
6-16 (2) review and recommend to the director and librarian
6-17 the approval or disapproval of state agency records retention
6-18 schedules submitted under Section 441.185 and records destruction
6-19 requests submitted under Section 441.187;
6-20 (3) advise the director and librarian and the
6-21 commission on all matters concerning the management of state
6-22 records;
6-23 (4) maintain in a safe and secure manner all state
6-24 records in the physical custody of the program under Subsection
6-25 (e);
6-26 (5) preserve the confidentiality of all confidential
6-27 state records in the physical custody of the program under
7-1 Subsection (e); and
7-2 (6) perform other duties as this subchapter or the
7-3 director and librarian may require.
7-4 (d) Under the direction of the director and librarian, the
7-5 state records administrator shall also assist in carrying out the
7-6 duties of the commission and the director and librarian relating to
7-7 the management of local government records under Subtitle C, Title
7-8 6, Local Government Code, and Subchapter J.
7-9 (e) As part of the records management program established
7-10 under this section, the commission shall:
7-11 (1) operate the state records center for the
7-12 economical and efficient storage, accessibility, protection, and
7-13 final disposition of inactive and vital state records; and
7-14 (2) perform micrographic and other imaging services
7-15 for the protection, accessibility, and preservation of state
7-16 records.
7-17 (f) In addition to the duties prescribed by Subsection (e),
7-18 the commission may provide for or oversee other records storage,
7-19 micrographics, and imaging services as may become necessary to
7-20 manage state records efficiently and economically.
7-21 (g) The commission may recover costs through the assessment
7-22 of fees for services provided under Subsections (c)(1), (e), and
7-23 (f).
7-24 (h) The director and librarian and the state records
7-25 administrator must execute and file with the secretary of state a
7-26 bond in an amount determined by the commission conditioned on the
7-27 faithful performance of their duties under this subchapter.
8-1 Sec. 441.183. RECORDS MANAGEMENT PROGRAMS IN STATE AGENCIES.
8-2 The agency head of each state agency shall:
8-3 (1) establish and maintain a records management
8-4 program on a continuing and active basis;
8-5 (2) create and maintain records containing adequate
8-6 and proper documentation of the organization, functions, policies,
8-7 decisions, procedures, and essential transactions of the agency
8-8 designed to furnish information to protect the financial and legal
8-9 rights of the state and any person affected by the activities of
8-10 the agency;
8-11 (3) make certain that all records of the agency are
8-12 passed to the agency head's successor in the position of agency
8-13 head;
8-14 (4) identify and take adequate steps to protect
8-15 confidential and vital state records;
8-16 (5) cooperate with the commission in the conduct of
8-17 state agency records management surveys; and
8-18 (6) cooperate with the commission, the director and
8-19 librarian, and any other authorized designee of the director and
8-20 librarian in fulfilling their duties under this subchapter.
8-21 Sec. 441.184. RECORDS MANAGEMENT OFFICERS. (a) Each state
8-22 agency head shall act as or appoint a records management officer
8-23 for the state agency to administer the agency's records management
8-24 program.
8-25 (b) The records management officer for each state agency
8-26 shall:
8-27 (1) administer the records management program
9-1 established under Section 441.183;
9-2 (2) assist the agency head in fulfilling all of the
9-3 agency head's duties under this subchapter and rules adopted under
9-4 this subchapter;
9-5 (3) disseminate to employees of the agency information
9-6 concerning state laws, administrative rules, and agency policies
9-7 and procedures relating to the management of state records; and
9-8 (4) fulfill all duties required of records management
9-9 officers under this subchapter and rules adopted under this
9-10 subchapter.
9-11 (c) A records management officer designated under this
9-12 section continues to serve in that capacity until:
9-13 (1) the officer ceases employment with the state
9-14 agency;
9-15 (2) the agency head chooses to act as the records
9-16 management officer for the agency; or
9-17 (3) the agency head appoints another person as the
9-18 records management officer.
9-19 Sec. 441.185. RECORD RETENTION SCHEDULES. (a) Each records
9-20 management officer, with the cooperation of any staff of a state
9-21 agency that the officer considers necessary, shall survey the state
9-22 records of the agency and prepare and submit a records retention
9-23 schedule to the state records administrator.
9-24 (b) The records retention schedule must list the state
9-25 records created and received by the agency, propose a period of
9-26 time each record shall be maintained by the agency, and provide
9-27 other information necessary for the operation of an effective
10-1 records management program.
10-2 (c) The state records administrator and the state archivist
10-3 shall review the schedule and recommend the schedule's approval or
10-4 disapproval to the director and librarian and the state auditor.
10-5 (d) If the director and librarian and the state auditor
10-6 approve the schedule, the schedule may be used as the basis for the
10-7 lawful disposition of state records under Section 441.187 for a
10-8 period to be determined by the commission.
10-9 (e) The commission shall adopt rules concerning the
10-10 submission of records retention schedules to the state records
10-11 administrator.
10-12 (f) The commission may by rule prescribe a minimum retention
10-13 period for any state record unless a minimum retention period for
10-14 the record is prescribed by another federal or state law,
10-15 regulation, or rule of court.
10-16 Sec. 441.186. ARCHIVAL STATE RECORDS. (a) The state
10-17 archivist, through review of state records retention schedules
10-18 submitted to the state records administrator under Section 441.185
10-19 and other means available under this section, shall identify and
10-20 designate which state records are archival state records or which
10-21 state records of potential archival value shall be subject to the
10-22 review of the state archivist prior to their destruction.
10-23 (b) Records management officers shall submit to the state
10-24 archivist any information concerning a state record that the state
10-25 archivist considers necessary to determine the archival value of a
10-26 record.
10-27 (c) The state archivist may inspect any state record to
11-1 determine if the record is an archival state record and the
11-2 inspection is not a release of a record to a member of the public
11-3 under Chapter 552.
11-4 (d) Archival state records shall be transferred to the
11-5 custody of the commission when they are no longer needed for the
11-6 administration of the state agency unless state law requires that
11-7 the records remain in the custody of the agency.
11-8 (e) If the commission cannot accept immediate custody of an
11-9 archival state record, the record shall remain in the custody of
11-10 the state agency and shall be preserved in accordance with this
11-11 subchapter, rules adopted under this subchapter, and other terms on
11-12 which the director and librarian and the agency head may agree.
11-13 (f) Instead of transferring archival state records under
11-14 this section, the components of university systems and other
11-15 institutions of higher education may retain and preserve the
11-16 archival state records of the component or institution in
11-17 accordance with this subchapter and rules adopted under this
11-18 subchapter if the records are preserved in an archives established
11-19 in a library or research center directly controlled by the
11-20 university.
11-21 (g) Except when permitted under state law, an archival state
11-22 record may not be transferred from one state agency to another
11-23 without the consent of the director and librarian.
11-24 (h) With the approval of the director and librarian, the
11-25 state archivist may remove the designation of a state record as an
11-26 archival state record and permit destruction of the record under
11-27 this subchapter and rules adopted under this subchapter.
12-1 (i) In the event of a disagreement between the commission
12-2 and a state agency over custody of an archival state record, the
12-3 attorney general shall decide the issue of custody.
12-4 (j) In the event of a disagreement between the commission
12-5 and the attorney general over custody of an archival state record
12-6 in the possession of the office of the attorney general, the
12-7 commission may petition a district court in Travis County to decide
12-8 the issue of custody. On request, the attorney general shall
12-9 provide the commission with legal counsel to represent the
12-10 commission in the matter.
12-11 Sec. 441.187. DESTRUCTION OF STATE RECORDS. (a) A state
12-12 record may be destroyed by a state agency if:
12-13 (1) the record appears on a records retention schedule
12-14 approved under Section 441.185 and the record's retention period
12-15 has expired;
12-16 (2) a records destruction request is submitted to the
12-17 state records administrator and approved by the director and
12-18 librarian, or the designee of the director and librarian, for a
12-19 state record that does not appear on the approved records retention
12-20 schedule of the agency; or
12-21 (3) the record is exempted from the need to be listed
12-22 on a records destruction request under rules adopted by the
12-23 commission.
12-24 (b) A state record may not be destroyed if any litigation,
12-25 claim, negotiation, audit, open records request, administrative
12-26 review, or other action involving the record is initiated before
12-27 the expiration of a retention period for the record set by the
13-1 commission or in the approved records retention schedule of the
13-2 agency until the completion of the action and the resolution of all
13-3 issues that arise from the action, or until the expiration of the
13-4 retention period, whichever is later.
13-5 (c) The director and librarian may destroy any state record
13-6 in the physical custody of the commission under Section 441.182
13-7 whose minimum retention requirements have expired without the
13-8 consent of the agency head if, in the opinion of the director and
13-9 librarian and either the attorney general or the state auditor,
13-10 there is no justification under this subchapter or other state law
13-11 for the record's further retention.
13-12 (d) A state record may be destroyed before the expiration of
13-13 its retention period on the approved records retention schedule of
13-14 the state agency that has custody of the record only with the
13-15 special consent of the director and librarian and, if the record
13-16 possesses fiscal or financial value, with the concurrent consent of
13-17 the state auditor.
13-18 (e) The commission may adopt rules prescribing the
13-19 permissible means by which state records may be destroyed.
13-20 Sec. 441.188. MICROFILMED STATE RECORDS. (a) Any state
13-21 record may be maintained on microfilm.
13-22 (b) The microfilming of any state record and the maintenance
13-23 of a state record on microfilm must be in accordance with standards
13-24 and procedures adopted as administrative rules of the commission.
13-25 (c) A microfilmed state record created in compliance with
13-26 the rules of the commission is an original record and the
13-27 microfilmed record or a certified copy of it shall be accepted as
14-1 such by any court or administrative agency of this state.
14-2 (d) A microfilmed state record that was produced in
14-3 accordance with any state law in force before September 1, 1997, is
14-4 considered an original record.
14-5 Sec. 441.189. ELECTRONIC STATE RECORDS. (a) Any state
14-6 record may be created or stored electronically in accordance with
14-7 standards and procedures adopted as administrative rules of the
14-8 commission.
14-9 (b) Certified output from electronically digitized images or
14-10 other electronic data compilations created and stored in accordance
14-11 with the rules of the commission shall be accepted as original
14-12 state records by any court or administrative agency of this state
14-13 unless barred by a federal law, regulation, or rule of court.
14-14 (c) Certified output from electronically digitized images or
14-15 other data compilations created before September 1, 1997, in
14-16 accordance with any applicable prior law shall be accepted as
14-17 original state records or, in the absence of an applicable prior
14-18 law, at the discretion of the court or administrative agency.
14-19 Sec. 441.190. PROTECTION, MAINTENANCE, AND STORAGE OF STATE
14-20 RECORDS. (a) The commission may adopt rules establishing
14-21 standards and procedures for the protection, maintenance, and
14-22 storage of state records.
14-23 (b) In the development and adoption of the rules, the
14-24 commission shall pay particular attention to the maintenance and
14-25 storage of archival and vital state records and may adopt rules as
14-26 it considers necessary to protect them.
14-27 Sec. 441.191. ALIENATION OF STATE RECORDS PROHIBITED.
15-1 (a) A state record may not be sold or donated, loaned,
15-2 transferred, or otherwise passed out of the custody of the state by
15-3 a state agency without the consent of the director and librarian.
15-4 (b) Subsection (a) does not apply to the temporary transfer
15-5 of a state record to a person for the purposes of microfilming,
15-6 duplication, conversion to electronic media, restoration, or
15-7 similar records preservation or management procedures if the
15-8 transfer is authorized by the agency head or designated records
15-9 management officer.
15-10 Sec. 441.192. RIGHT OF RECOVERY. (a) The governing body of
15-11 a state agency may demand the return of any state government record
15-12 in the private possession of a person if the removal of the state
15-13 record from the state agency or the agency's predecessor was not
15-14 authorized by law.
15-15 (b) The director and librarian may demand the return of any
15-16 state government record of permanent value in the private
15-17 possession of any person.
15-18 (c) If the person in possession of the state government
15-19 record refuses to deliver the record on demand, the director and
15-20 librarian or the governing body of a state agency may ask the
15-21 attorney general to petition a district court in Travis County for
15-22 the recovery of the record as provided by this section. If the
15-23 court finds that the record is a state government record, the court
15-24 shall order the return of the record to the custody of the state.
15-25 As part of the petition or at any time after its filing, the
15-26 attorney general may petition to have the record seized pending the
15-27 determination of the court if the director and librarian or
16-1 governing body finds the record is in danger of being destroyed,
16-2 mutilated, altered, secreted, or removed from the state.
16-3 (d) A state government record recovered under Subsection (c)
16-4 shall be transferred to the custody of the commission or the state
16-5 agency that originally demanded the return of the record.
16-6 (e) If the attorney general recovers a record under
16-7 Subsection (c), the court shall award attorney's fees and court
16-8 costs to the attorney general.
16-9 Sec. 441.193. CUSTODY OF STATE RECORDS AND OTHER HISTORICAL
16-10 RESOURCES OF COMMISSION; PUBLIC ACCESS. (a) All archival state
16-11 records transferred to the custody of the commission in accordance
16-12 with this subchapter and all other historical resources acquired by
16-13 the commission through gift or purchase become the property of the
16-14 commission.
16-15 (b) The director and librarian, the state archivist, or
16-16 their authorized designees may make certified copies of archival
16-17 state records or other historical resources, and the certified
16-18 copies shall have the same force and effect as if certified by
16-19 their original custodian or owner.
16-20 (c) The commission shall adopt rules regarding public access
16-21 to the archival state records and other historical resources in the
16-22 possession of the commission.
16-23 (d) Except as provided in Subsection (e), any rules adopted
16-24 under this section may not violate any requirements of Chapter 552
16-25 or any other state law regarding public access to state records or
16-26 the terms of any agreement between the commission and a donor of
16-27 other historical resources to the commission.
17-1 (e) In rules adopted under this section, the commission may
17-2 restrict access to any original archival state record or other
17-3 historical resource in its possession and provide only copies if,
17-4 in the opinion of the state archivist, such access would compromise
17-5 the continued survival of the original record.
17-6 (f) The commission shall ensure that the confidentiality
17-7 established under Chapter 552 or any other state law of any
17-8 archival state record transferred to the commission's custody under
17-9 Section 441.186 shall be preserved until state law allows public
17-10 access to the records.
17-11 (g) Requests for public access to state records of other
17-12 state agencies in the physical custody of the records management
17-13 program of the commission established by Section 441.182 shall be
17-14 denied by the state records administrator unless the state agency
17-15 having legal custody of the records provides written authorization.
17-16 (h) Authorizations for public access under Subsection (g)
17-17 may not provide for public access to the original microfilm of
17-18 state records.
17-19 Sec. 441.194. RECORDS OF ABOLISHED STATE AGENCIES. (a)
17-20 Unless otherwise provided by law, the General Services Commission
17-21 shall take custody of the records of a state agency that is
17-22 abolished by the legislature and whose duties and responsibilities
17-23 are not transferred to another state agency.
17-24 (b) Unless the requirement is waived by the state records
17-25 administrator, the records management officer of the General
17-26 Services Commission, or of another state agency that receives
17-27 custody of the records pursuant to law, shall prepare and submit to
18-1 the state archivist and the state records administrator a list of
18-2 the records of the abolished state agency within 180 days of the
18-3 effective date of the agency's abolition.
18-4 (c) The state archivist shall determine which records of the
18-5 abolished state agency are archival state records. Any archival
18-6 state records of the abolished state agency shall be transferred to
18-7 the custody of the commission in accordance with Section 441.186.
18-8 Sec. 441.195. CONTRACTING AUTHORITY. (a) The commission
18-9 may enter into any contract or agreement that it considers
18-10 necessary or advisable to foster and assist the preservation and
18-11 management of state records or other historical resources.
18-12 (b) A contract or agreement made by the commission may not
18-13 bind the state for the payment of any funds that have not been
18-14 authorized by an appropriation of the legislature.
18-15 Sec. 441.196. SALE OF COPIES OF STATE ARCHIVES. (a) The
18-16 commission may sell copies of state archival records and other
18-17 historical resources in its possession at a price not exceeding 25
18-18 percent above the cost of publishing or producing the copies.
18-19 (b) Any money paid to the commission under this section is
18-20 subject to Subchapter F, Chapter 404.
18-21 (c) This section is not intended to conflict with Chapter
18-22 552.
18-23 Sec. 441.197. SALE OF DUPLICATE OR UNNEEDED MATERIAL. (a)
18-24 After certification by both the director and librarian and the
18-25 state archivist that an archival state record or other historical
18-26 resource in the custody of the commission is a duplicate or is not
18-27 needed to document the history and culture of Texas as a province,
19-1 colony, republic, or state, the commission may authorize its sale
19-2 by auction or other means.
19-3 (b) Revenue from the sale of a duplicate or unneeded
19-4 archival state record or other historical resource shall be used to
19-5 preserve state archival records and other historical resources and
19-6 to make the records and resources available for research.
19-7 (c) The sale of an archival state record under Subsection
19-8 (a) does not constitute an alienation of a state record under
19-9 Section 441.191.
19-10 Sec. 441.198. AGREEMENT WITH MEXICO. (a) The commission
19-11 may negotiate an agreement with the appropriate authorities in
19-12 Mexico under which this state will trade or lend to Mexico the
19-13 flags of the Toluca Battalion, the Guerrero Battalion, and the
19-14 Matamoros Battalion captured at the Battle of San Jacinto and
19-15 Mexico will trade or lend to this state the flag of the New Orleans
19-16 Greys captured at the Battle of the Alamo. An agreement under this
19-17 section:
19-18 (1) may not affect title to the flags;
19-19 (2) may provide that this state will restore the San
19-20 Jacinto flags to a suitable condition and Mexico will restore the
19-21 Alamo flag to a suitable condition before the trade or loan of the
19-22 flags as long as such conditioning does not alter the authenticity
19-23 or integrity of the flags; and
19-24 (3) is not valid if it is not approved by the governor
19-25 and by the appropriate authority for approval under the laws of
19-26 Mexico.
19-27 (b) The commission may use only gifts or grants to restore
20-1 the San Jacinto battle flags to a suitable condition under an
20-2 agreement to trade or lend the flags made under Subsection (a).
20-3 (c) If an agreement to trade or lend the Alamo and San
20-4 Jacinto battle flags made under Subsection (a) does not provide
20-5 that Mexico will restore the Alamo battle flag to a suitable
20-6 condition before the trade or loan of the flag, the commission may
20-7 use only gifts or grants to restore the Alamo battle flag to a
20-8 suitable condition after the trade or loan of the flags.
20-9 Sec. 441.199. RULEMAKING AUTHORITY. In addition to other
20-10 rulemaking authority granted in this subchapter, the commission may
20-11 adopt other rules it determines necessary for cost reduction and
20-12 efficiency of recordkeeping by state agencies and for the state's
20-13 management and preservation of records.
20-14 Sec. 441.200. AUDIT. The state auditor may report on a
20-15 state agency's compliance with this subchapter and rules adopted
20-16 under this subchapter.
20-17 Sec. 441.201. RECORDS OF OFFICE OF GOVERNOR. In
20-18 consultation with the commission, a governor may designate an
20-19 institution of higher education or alternate archival institution
20-20 in the state, in lieu of the Texas State Library and Archives, as
20-21 the repository for the records of the executive office of the
20-22 governor created or received during that governor's term of office.
20-23 Such alternative repository shall administer the records in
20-24 accordance with normally accepted archival principles and practices
20-25 and shall ensure that the records are available to the public. The
20-26 terms of any such alternative repository arrangement shall be
20-27 recorded by the commission through a memorandum of understanding,
21-1 deposit agreement, or other appropriate documentation.
21-2 Sec. 441.202. ARCHIVES OF GENERAL LAND OFFICE. (a) Any
21-3 papers, including any book, transfer, power of attorney, field
21-4 note, map, plat, legal proceeding, official report, or original
21-5 document, that pertain to the land of the Republic or State of
21-6 Texas and that have been deposited or filed in the General Land
21-7 Office in accordance with any law of the republic or of this state
21-8 constitute the archives of the General Land Office and are not
21-9 subject to transfer to the commission under Section 441.186.
21-10 (b) A person owning land between the Nueces River and the
21-11 Rio Grande under a grant or title from the former government that
21-12 was issued before November 13, 1835, and, before the adoption of
21-13 the constitution, was recorded in the county in which the land is
21-14 situated but that has not been filed in the archives of the General
21-15 Land Office shall submit the grant or title to the commissioner of
21-16 the General Land Office who shall file the title or grant in the
21-17 archives of the General Land Office. The act of filing does not
21-18 invest the title or grant with any greater validity than it had as
21-19 a title or grant recorded in the proper county, and it is subject
21-20 to any defense or objection to which it would have been subject if
21-21 not so filed.
21-22 (c) The commissioner of the General Land Office shall
21-23 procure, accept, and file in the archives of the General Land
21-24 Office the original papers relating to the survey of lands by
21-25 virtue of certificates issued by this state to the Texas & Pacific
21-26 Railway Company and its predecessors in title, including the maps,
21-27 sketches, reports, and other papers that were drawn by the
22-1 surveyors in making the original or corrected surveys of the land
22-2 and that are in the custody of the railway company. If the
22-3 commissioner cannot procure the original papers, the commissioner
22-4 may procure, accept, and file verified copies. The commissioner
22-5 shall verify the authenticity of the papers. If the commissioner
22-6 can procure only a portion of the originals, the commissioner shall
22-7 procure and accept that portion and take and file verified copies
22-8 of those originals the commissioner cannot procure. The original
22-9 papers or verified copies filed by the commission in the archives
22-10 of the General Land Office are admissible in evidence as are other
22-11 papers, documents, and records and certified copies of the office.
22-12 (d) This section does not give any papers named in this
22-13 section any greater force or validity, because of being recognized
22-14 as archives of the General Land Office, than was accorded the
22-15 papers by the laws in force at the date of their execution and
22-16 deposit in the General Land Office.
22-17 (e) A written instrument, including a deed, that was
22-18 executed or issued before March 2, 1836, on stamped paper of the
22-19 second or third seal and that is not an original instrument in the
22-20 General Land Office or expressly declared by law to be part of the
22-21 archives of that office do not constitute a part of the archives of
22-22 that office. An owner of land to which the instrument relates may
22-23 withdraw the instrument from the General Land Office on making a
22-24 written, sworn application for the instrument to the commissioner.
22-25 The application must state the fact of ownership of the land to
22-26 which the instrument relates. If the commissioner is satisfied
22-27 that the person applying is the owner, the commissioner may deliver
23-1 the instrument to the applicant. The commissioner shall take a
23-2 receipt for the instrument that describes the instrument delivered,
23-3 summarizes its contents, and names the original grantee of land to
23-4 which the instrument relates or refers.
23-5 Sec. 441.203. RECORDS MANAGEMENT INTERAGENCY COORDINATING
23-6 COUNCIL. (a) The Records Management Interagency Coordinating
23-7 Council is composed of the following officers or the officer's
23-8 designee:
23-9 (1) the secretary of state;
23-10 (2) the state auditor, who serves as a nonvoting
23-11 member;
23-12 (3) the comptroller of public accounts;
23-13 (4) the attorney general;
23-14 (5) the director and librarian;
23-15 (6) the executive director of the General Services
23-16 Commission; and
23-17 (7) the executive director of the Department of
23-18 Information Resources.
23-19 (b) The position of presiding officer rotates among the
23-20 members of the council according to the procedures adopted by the
23-21 council. A term as presiding officer is two years and expires on
23-22 February 1 of each odd-numbered year.
23-23 (c) Service on the council is an additional duty of a
23-24 member's office or employment. A member of the council is not
23-25 entitled to compensation, but is entitled to reimbursement of
23-26 travel expenses incurred by the member while conducting the
23-27 business of the council, as provided in the General Appropriations
24-1 Act.
24-2 (d) The council's member agencies shall provide the staff
24-3 for the council.
24-4 (e) The council shall:
24-5 (1) review the activities of each member agency that
24-6 affect the state's management of records;
24-7 (2) study other records management issues; and
24-8 (3) report its findings and any recommended
24-9 legislation to the governor and the legislature not later than
24-10 November 1 of each even-numbered year.
24-11 (f) The council shall adopt policies that coordinate the
24-12 activities of each member agency and that make other improvements
24-13 in the state's management of records. The council shall adopt
24-14 policies under this subsection using the rulemaking procedures
24-15 prescribed by Chapter 2001.
24-16 (g) Each member agency shall adopt the policies adopted
24-17 under Subsection (f) as the member agency's own rules, except to
24-18 the extent that the policies conflict with other state or federal
24-19 law.
24-20 (h) Each member agency shall report on the agency's adoption
24-21 and implementation of rules under Subsection (g) to the council not
24-22 later than October 1 of each even-numbered year.
24-23 (i) In this section, "member agency" means each state
24-24 officer who is a member of the council or an agency that has a
24-25 representative who is a member of the council.
24-26 SECTION 2. Section 51.204, Government Code, is amended to
24-27 read as follows:
25-1 Sec. 51.204. RECORDS OF COURT [DUTIES]. (a) The clerk of a
25-2 court of appeals shall:
25-3 (1) file and carefully preserve records certified to
25-4 the court and papers relative to the record;
25-5 (2) docket causes in the order in which they are
25-6 filed;
25-7 (3) record the proceedings of the court except
25-8 opinions and orders on motions; and
25-9 (4) certify the judgments of the court to the proper
25-10 courts.
25-11 (b) Upon the issuance of the mandate in each case, the clerk
25-12 shall notify the attorneys of record in the case that:
25-13 (1) exhibits submitted to the court by a party may be
25-14 withdrawn by that party or the party's attorney of record; and
25-15 (2) exhibits on file with the court will be destroyed
25-16 10 years after final disposition of the case or at an earlier date
25-17 if ordered by the court.
25-18 (c) Not sooner than the 60th day and not later than the 90th
25-19 day after the date of final disposition of a case, the clerk shall
25-20 remove and destroy all duplicate papers in the file on record of
25-21 that case.
25-22 (d) Ten years after the final disposition of a civil case in
25-23 the court, the clerk shall destroy all records filed in the court
25-24 related to the case except:
25-25 (1) records that, in the opinion of the clerk or other
25-26 person designated by the court, contain highly concentrated,
25-27 unique, and valuable information unlikely to be found in any other
26-1 source available to researchers; [and]
26-2 (2) indexes, original opinions, minutes, and general
26-3 court dockets unless the documents are microfilmed in accordance
26-4 with this section [or otherwise reduced] for permanent retention,
26-5 in which case the original document shall be destroyed; and
26-6 (3) other records of the court determined to be
26-7 archival state records under Section 441.186.
26-8 (e) [A record described in Subsection (d)(1) may be
26-9 transferred to a public or private library or other agency
26-10 concerned with the preservation of historical documents to be
26-11 preserved or disposed of as the library or agency may determine.]
26-12 [(f)] The clerk shall retain other records of the court,
26-13 such as financial records, administrative correspondence, and other
26-14 materials not related to particular cases in accordance with
26-15 Section 441.185 [for the time period specified by order of the
26-16 court].
26-17 (f) Before microfilming records, the clerk must submit a
26-18 plan in writing to the justices of a court of appeals for that
26-19 purpose. If a majority of the justices of a court of appeals
26-20 determines that the plan meets the requirements of Section 441.188,
26-21 rules adopted under that section, and any additional standards and
26-22 procedures the justices may require, the justices shall inform the
26-23 clerk in writing and the clerk may adopt the plan. The decision of
26-24 the justices must be entered in the minutes of the court.
26-25 SECTION 3. Section 441.002(g), Government Code, is amended
26-26 to read as follows:
26-27 (g) Under the direction of the commission, the director and
27-1 librarian shall:
27-2 (1) record the commission's proceedings;
27-3 (2) keep an accurate account of the commission's
27-4 financial transactions;
27-5 (3) have charge of the state library and any book,
27-6 picture, document, newspaper, manuscript, archive, relic, memento,
27-7 flag, or similar item contained in the library;
27-8 (4) administer programs to carry out the duties of the
27-9 commission and the director and librarian under Subtitle C, Title
27-10 6, Local Government Code, and Subchapters J and L [endeavor to
27-11 collect any manuscript record relating to the history of Texas
27-12 possessed by a private individual, or if the original record cannot
27-13 be obtained, endeavor to procure an authenticated copy];
27-14 (5) [seek diligently to procure a copy of any printed
27-15 matter, including any book, pamphlet, or map, giving valuable
27-16 information concerning this state;]
27-17 [(6) collect portraits or photographs of as many
27-18 prominent Texans as possible;]
27-19 [(7) endeavor to complete the files of early Texas
27-20 newspapers in the state library and of other publications of this
27-21 state that seem necessary to preserve in the state library an
27-22 accurate record of the history of Texas;]
27-23 [(8) demand and receive from the officer of the state
27-24 department in charge of it, any book, map, paper, manuscript,
27-25 document, memoranda, or data relating to the history of Texas not
27-26 connected with or necessary to the current duties of the officer;]
27-27 [(9) carefully classify, catalogue, and preserve any
28-1 book, map, paper, manuscript, document, memoranda, or data received
28-2 under Subdivision (8);]
28-3 [(10) endeavor to procure from Mexico the original
28-4 archives that have been removed from Texas and that relate to the
28-5 history and settlement of Texas or, if the originals cannot be
28-6 procured, endeavor to procure authentic copies of the originals;]
28-7 [(11) procure the original of any manuscript relating
28-8 to the history of Texas that is preserved in an archive outside
28-9 this state or, if the original cannot be procured, procure an
28-10 authentic copy of the original;]
28-11 [(12) preserve any historical relic, memento,
28-12 antiquity, or work of art relating to the history of Texas that
28-13 comes into the director and librarian's possession as director and
28-14 librarian;]
28-15 [(13) endeavor constantly to build up a historical
28-16 museum worthy of the interesting and important history of this
28-17 state;]
28-18 [(14) give careful attention to the proper
28-19 classification, indexing, and preserving of the official archives
28-20 in the director and librarian's custody;]
28-21 [(15) make a biennial report to the commission that is
28-22 accompanied by any historical papers or documents the director and
28-23 librarian considers to be of sufficient importance;]
28-24 [(16)] ascertain the condition of all public libraries
28-25 in this state and report the results to the commission; and
28-26 (6) [(17) encourage and promote the establishment of
28-27 effective records management programs in the local governments of
29-1 this state;]
29-2 [(18) endeavor to ensure that the historically
29-3 valuable records of the local governments of this state are
29-4 properly preserved and made available for public use; and]
29-5 [(19)] perform any other duty the commission assigns.
29-6 SECTION 4. Section 441.003, Government Code, is amended by
29-7 amending Subsections (a), (c), and (d) and adding Subsection (e) to
29-8 read as follows:
29-9 (a) Subject to the approval of the commission, the director
29-10 and librarian shall appoint an assistant state librarian, a state
29-11 archivist, a state records administrator, and other assistants and
29-12 employees necessary to fulfill the duties of the commission and the
29-13 director and librarian as prescribed by law [for the maintenance of
29-14 the libraries and archives of the state].
29-15 (c) To be eligible for appointment as state archivist, a
29-16 person must have appropriate training and experience in the
29-17 administration of a government archive [present satisfactory
29-18 evidence of completion of one year's advance work in American or
29-19 Southwestern history in a standard college and of a fluent reading
29-20 knowledge of Spanish and French], but is not required to have
29-21 technical library school training or library experience to be
29-22 appointed state archivist.
29-23 (d) [An assistant other than the assistant state librarian
29-24 serves in the grade of head of a department, library assistant,
29-25 clerk, or laborer.] To be eligible for appointment as state
29-26 records administrator, a person must have appropriate training and
29-27 experience in the administration of a government records management
30-1 program, but is not required to [the head of a department, a person
30-2 must] have technical library training or library experience to be
30-3 appointed state records administrator [and at least one year of
30-4 experience in library work. To be eligible for appointment as a
30-5 library assistant, a person must have technical library training.
30-6 To be eligible for appointment as a clerk, a person must hold a
30-7 diploma from a high school considered to be first class according
30-8 to the standards of the State Board of Education or The University
30-9 of Texas or present satisfactory evidence of educational training
30-10 equivalent to that provided by a first class high school, and the
30-11 person must present satisfactory evidence of proficiency in
30-12 stenography and typewriting or bookkeeping. To be eligible for
30-13 appointment as a laborer, a person must present satisfactory
30-14 evidence of education sufficient to do any elementary clerical work
30-15 required].
30-16 (e) The director and librarian may designate a staff member
30-17 to serve as both state archivist and state records administrator.
30-18 In that event, any provision of Subchapter L requiring joint action
30-19 by the state archivist and the state records administrator requires
30-20 only the action of the person designated.
30-21 SECTION 5. Section 441.006(a), Government Code, is amended
30-22 to read as follows:
30-23 (a) The commission shall:
30-24 (1) govern the Texas State Library;
30-25 (2) adopt policies and rules to aid and encourage the
30-26 development of and cooperation among all types of libraries,
30-27 including public, academic, special, and other types of libraries;
31-1 (3) [collect materials relating to the history of
31-2 Texas and adjoining states;]
31-3 [(4) preserve, classify, and publish the manuscript
31-4 archives and other matters it considers proper;]
31-5 [(5) diffuse knowledge relating to the history of
31-6 Texas;]
31-7 [(6) encourage historical work and research;]
31-8 [(7) mark historic sites and houses and secure their
31-9 preservation;]
31-10 [(8)] aid those studying problems to be dealt with by
31-11 legislation;
31-12 (4) [(9)] prepare and make available to the public and
31-13 appropriate state agencies information of public interest
31-14 describing the functions of the commission and the commission
31-15 procedures by which complaints are filed with and resolved by the
31-16 commission;
31-17 (5) [(10)] deposit money paid to the commission under
31-18 this chapter subject to Subchapter F, Chapter 404;
31-19 (6) [(11)] give to any person contemplating the
31-20 establishment of a public library advice regarding matters such as
31-21 maintaining a public library, selecting books, cataloging, and
31-22 managing a library;
31-23 (7) [(12)] conduct library institutes and encourage
31-24 library associations;
31-25 (8) take custody of, preserve, and make available for
31-26 public use state records and other historical resources that
31-27 document the history and culture of Texas as a province, colony,
32-1 republic, or state;
32-2 (9) [(13)] aid and encourage, by adoption of policies
32-3 and programs, the development of effective records management and
32-4 preservation programs in state agencies and the local governments
32-5 of the state; and
32-6 (10) [(14) adopt rules governing the preservation,
32-7 microfilming, destruction, or other disposition of local government
32-8 records; and]
32-9 [(15)] establish by rule methods by which consumers
32-10 and service recipients are notified of the name, mailing address,
32-11 and telephone number of the commission for the purpose of directing
32-12 complaints to the commission.
32-13 SECTION 6. Section 441.008(c), Government Code, is amended
32-14 to read as follows:
32-15 (c) This section does not apply to any state archival record
32-16 or other historical resource that the director and librarian has
32-17 designated to be part of the state archives program established
32-18 under Section 441.181 [a book or document that is an archive of the
32-19 state library].
32-20 SECTION 7. Section 441.013(a), Government Code, is amended
32-21 to read as follows:
32-22 (a) The commission shall make a biennial report to the
32-23 governor that includes:
32-24 (1) a comprehensive view of the operation of the
32-25 commission in discharging the duties imposed by this subchapter;
32-26 (2) a review of the library conditions in this state;
32-27 (3) an itemized statement of the commission's
33-1 expenditures;
33-2 (4) any recommendations suggested by the experience of
33-3 the commission;
33-4 (5) careful estimates of money necessary for carrying
33-5 out this subchapter; and
33-6 (6) a review of commission activities under Subtitle
33-7 C, Title 6, Local Government Code, and Subchapters J and L [the
33-8 biennial report of the director and librarian required by Section
33-9 441.002(g)(15)].
33-10 SECTION 8. The following laws are repealed:
33-11 (1) Sections 51.205, 441.002(i), 441.010, 441.0105,
33-12 441.011, 441.0115, and 441.012, Government Code; and
33-13 (2) Subchapters B, C, D, and K, Chapter 441,
33-14 Government Code.
33-15 SECTION 9. This Act takes effect September 1, 1997.
33-16 SECTION 10. The importance of this legislation and the
33-17 crowded condition of the calendars in both houses create an
33-18 emergency and an imperative public necessity that the
33-19 constitutional rule requiring bills to be read on three several
33-20 days in each house be suspended, and this rule is hereby suspended.