1-1 By: Hunter, et al. (Senate Sponsor - Shapiro) H.B. No. 1812
1-2 (In the Senate - Received from the House May 8, 1997;
1-3 May 9, 1997, read first time and referred to Committee on State
1-4 Affairs; May 16, 1997, reported favorably by the following vote:
1-5 Yeas 13, Nays 0; May 16, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the Texas State Library and Archives Commission and the
1-9 preservation, management, and disposition of state records and
1-10 other historical resources.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Chapter 441, Government Code, is amended by
1-13 adding Subchapter L to read as follows:
1-14 SUBCHAPTER L. PRESERVATION AND MANAGEMENT OF STATE
1-15 RECORDS AND OTHER HISTORICAL RESOURCES
1-16 Sec. 441.180. DEFINITIONS. In this subchapter:
1-17 (1) "Agency head" means the appointed or elected
1-18 official who serves by the state constitution, state statute, or
1-19 action of the governing body of a state agency as the chief
1-20 executive and administrative officer of a state agency.
1-21 (2) "Archival state record" means a state record of
1-22 enduring value that will be preserved on a continuing basis by the
1-23 Texas State Library and Archives Commission or another state agency
1-24 until the state archivist indicates that based on a reappraisal of
1-25 the record it no longer merits further retention.
1-26 (3) "Commission" means the Texas State Library and
1-27 Archives Commission.
1-28 (4) "Confidential state record" means any state record
1-29 to which public access is or may be restricted or denied under
1-30 Chapter 552 or other state or federal law.
1-31 (5) "Director and librarian" means the chief executive
1-32 and administrative officer of the Texas State Library and Archives
1-33 Commission.
1-34 (6) "Historical resources" means any manuscript, map,
1-35 photograph, artistic depiction, printed material, flag, or other
1-36 recorded information, or copies of that information, in the
1-37 possession of this state, an individual, a private institution,
1-38 another state, or another nation relating to the history and
1-39 culture of Texas as a province, colony, republic, or state.
1-40 (7) "Records management" means the application of
1-41 management techniques to the creation, use, maintenance, retention,
1-42 preservation, and destruction of state records for the purposes of
1-43 improving the efficiency of recordkeeping, ensuring access to
1-44 public information under Chapter 552, and reducing costs. The term
1-45 includes:
1-46 (A) the development of records retention
1-47 schedules;
1-48 (B) the management of filing and information
1-49 retrieval systems in any media;
1-50 (C) the adequate protection of state records
1-51 that are vital, archival, or confidential according to accepted
1-52 archival and records management practices;
1-53 (D) the economical and space-effective storage
1-54 of inactive records;
1-55 (E) control over the creation and distribution
1-56 of forms, reports, and correspondence; and
1-57 (F) maintenance of public information in a
1-58 manner to facilitate access by the public under Chapter 552.
1-59 (8) "Records management officer" means the person who
1-60 administers the records management program established in each
1-61 state agency under Section 441.183.
1-62 (9) "State agency" means:
1-63 (A) any department, commission, board, office,
1-64 or other agency in the executive, legislative, or judicial branch
2-1 of state government created by the constitution or a statute of
2-2 this state, including an eleemosynary institution;
2-3 (B) any university system and its components and
2-4 any institution of higher education as defined by Section 61.003,
2-5 Education Code, except a public junior college, not governed by a
2-6 university system board;
2-7 (C) the Texas Municipal Retirement System and
2-8 the Texas County and District Retirement System; and
2-9 (D) any public nonprofit corporation created by
2-10 the legislature whose responsibilities and authority are not
2-11 limited to a geographical area less than that of the state.
2-12 (10) "State archivist" means the person designated by
2-13 the director and librarian to administer the state archives program
2-14 under Section 441.181.
2-15 (11) "State record" means any written, photographic,
2-16 machine-readable, or other recorded information created or received
2-17 by or on behalf of a state agency or an elected state official that
2-18 documents activities in the conduct of state business or use of
2-19 public resources. The term does not include:
2-20 (A) library or museum material made or acquired
2-21 and maintained solely for reference or exhibition purposes;
2-22 (B) an extra copy of recorded information
2-23 maintained only for reference; or
2-24 (C) a stock of publications or blank forms.
2-25 (12) "State records administrator" means the person
2-26 designated by the director and librarian to administer the state
2-27 records management program under Section 441.182.
2-28 (13) "Vital state record" means any state record
2-29 necessary to:
2-30 (A) the resumption or continuation of state
2-31 agency operations in an emergency or disaster;
2-32 (B) the re-creation of the legal and financial
2-33 status of the agency; or
2-34 (C) the protection and fulfillment of
2-35 obligations to the people of the state.
2-36 Sec. 441.181. STATE ARCHIVES PROGRAM. (a) The commission
2-37 shall take legal custody of and preserve archival state records and
2-38 shall endeavor to collect and preserve other historical resources
2-39 determined by the director and librarian to possess sufficient
2-40 value to warrant continued preservation in the state archives.
2-41 (b) The director and librarian shall appoint a state
2-42 archivist to administer the state archives program.
2-43 (c) Under the direction of the director and librarian, the
2-44 state archivist shall:
2-45 (1) identify and designate archival state records and
2-46 arrange for their transfer to the custody of the commission in
2-47 accordance with Section 441.186;
2-48 (2) according to accepted archival practices, arrange,
2-49 describe, and preserve archival state records and historical
2-50 resources that come into the possession of the commission through
2-51 gift, purchase, or other means that the director and librarian
2-52 determines shall be included in the state archives program;
2-53 (3) prepare inventories, indexes, catalogs, or other
2-54 research aids to state archival records and other historical
2-55 resources held by the program;
2-56 (4) encourage public use of state archival records and
2-57 other historical resources held by the program and provide public
2-58 access to them in accordance with rules adopted by the commission
2-59 under Section 441.193;
2-60 (5) cooperate with and, when practicable, provide
2-61 training and consultative assistance to state agencies, libraries,
2-62 organizations, and individuals on projects designed to preserve
2-63 original source materials relating to Texas history, government,
2-64 and culture;
2-65 (6) advise the director and librarian and the
2-66 commission on all matters concerning the acquisition and
2-67 preservation of archival state records and other historical
2-68 resources; and
2-69 (7) perform other duties as this subchapter or the
3-1 director and librarian may require.
3-2 (d) Under the direction of the director and librarian, the
3-3 state archivist shall also assist in carrying out the duties of the
3-4 commission and the director and librarian relating to the
3-5 preservation of local government records of permanent value under
3-6 Subtitle C, Title 6, Local Government Code, and Subchapter J.
3-7 Sec. 441.182. STATE RECORDS MANAGEMENT PROGRAM. (a) The
3-8 commission shall assist state agencies in managing state records in
3-9 accordance with this subchapter and rules adopted under this
3-10 subchapter.
3-11 (b) The director and librarian shall designate a state
3-12 records administrator to administer the state records management
3-13 program.
3-14 (c) Under the direction of the director and librarian, the
3-15 state records administrator shall:
3-16 (1) provide training, consultative services, and
3-17 informational material to agency heads, records management
3-18 officers, and other staff to assist them in establishing and
3-19 administering records management programs in each state agency as
3-20 required under Section 441.183;
3-21 (2) review and recommend to the director and librarian
3-22 the approval or disapproval of state agency records retention
3-23 schedules submitted under Section 441.185 and records destruction
3-24 requests submitted under Section 441.187;
3-25 (3) advise the director and librarian and the
3-26 commission on all matters concerning the management of state
3-27 records;
3-28 (4) maintain in a safe and secure manner all state
3-29 records in the physical custody of the program under Subsection
3-30 (e);
3-31 (5) preserve the confidentiality of all confidential
3-32 state records in the physical custody of the program under
3-33 Subsection (e); and
3-34 (6) perform other duties as this subchapter or the
3-35 director and librarian may require.
3-36 (d) Under the direction of the director and librarian, the
3-37 state records administrator shall also assist in carrying out the
3-38 duties of the commission and the director and librarian relating to
3-39 the management of local government records under Subtitle C, Title
3-40 6, Local Government Code, and Subchapter J.
3-41 (e) As part of the records management program established
3-42 under this section, the commission shall:
3-43 (1) operate the state records center for the
3-44 economical and efficient storage, accessibility, protection, and
3-45 final disposition of inactive and vital state records; and
3-46 (2) perform micrographic and other imaging services
3-47 for the protection, accessibility, and preservation of state
3-48 records.
3-49 (f) In addition to the duties prescribed by Subsection (e),
3-50 the commission may provide for or oversee other records storage,
3-51 micrographics, and imaging services as may become necessary to
3-52 manage state records efficiently and economically.
3-53 (g) The commission may recover costs through the assessment
3-54 of fees for services provided under Subsections (c)(1), (e), and
3-55 (f).
3-56 (h) The director and librarian and the state records
3-57 administrator must execute and file with the secretary of state a
3-58 bond in an amount determined by the commission conditioned on the
3-59 faithful performance of their duties under this subchapter.
3-60 Sec. 441.183. RECORDS MANAGEMENT PROGRAMS IN STATE AGENCIES.
3-61 The agency head of each state agency shall:
3-62 (1) establish and maintain a records management
3-63 program on a continuing and active basis;
3-64 (2) create and maintain records containing adequate
3-65 and proper documentation of the organization, functions, policies,
3-66 decisions, procedures, and essential transactions of the agency
3-67 designed to furnish information to protect the financial and legal
3-68 rights of the state and any person affected by the activities of
3-69 the agency;
4-1 (3) make certain that all records of the agency are
4-2 passed to the agency head's successor in the position of agency
4-3 head;
4-4 (4) identify and take adequate steps to protect
4-5 confidential and vital state records;
4-6 (5) cooperate with the commission in the conduct of
4-7 state agency records management surveys; and
4-8 (6) cooperate with the commission, the director and
4-9 librarian, and any other authorized designee of the director and
4-10 librarian in fulfilling their duties under this subchapter.
4-11 Sec. 441.184. RECORDS MANAGEMENT OFFICERS. (a) Each state
4-12 agency head shall act as or appoint a records management officer
4-13 for the state agency to administer the agency's records management
4-14 program.
4-15 (b) The records management officer for each state agency
4-16 shall:
4-17 (1) administer the records management program
4-18 established under Section 441.183;
4-19 (2) assist the agency head in fulfilling all of the
4-20 agency head's duties under this subchapter and rules adopted under
4-21 this subchapter;
4-22 (3) disseminate to employees of the agency information
4-23 concerning state laws, administrative rules, and agency policies
4-24 and procedures relating to the management of state records; and
4-25 (4) fulfill all duties required of records management
4-26 officers under this subchapter and rules adopted under this
4-27 subchapter.
4-28 (c) A records management officer designated under this
4-29 section continues to serve in that capacity until:
4-30 (1) the officer ceases employment with the state
4-31 agency;
4-32 (2) the agency head chooses to act as the records
4-33 management officer for the agency; or
4-34 (3) the agency head appoints another person as the
4-35 records management officer.
4-36 Sec. 441.185. RECORD RETENTION SCHEDULES. (a) Each records
4-37 management officer, with the cooperation of any staff of a state
4-38 agency that the officer considers necessary, shall survey the state
4-39 records of the agency and prepare and submit a records retention
4-40 schedule to the state records administrator.
4-41 (b) The records retention schedule must list the state
4-42 records created and received by the agency, propose a period of
4-43 time each record shall be maintained by the agency, and provide
4-44 other information necessary for the operation of an effective
4-45 records management program.
4-46 (c) The state records administrator and the state archivist
4-47 shall review the schedule and recommend the schedule's approval or
4-48 disapproval to the director and librarian and the state auditor.
4-49 (d) If the director and librarian and the state auditor
4-50 approve the schedule, the schedule may be used as the basis for the
4-51 lawful disposition of state records under Section 441.187 for a
4-52 period to be determined by the commission.
4-53 (e) The commission shall adopt rules concerning the
4-54 submission of records retention schedules to the state records
4-55 administrator.
4-56 (f) The commission may by rule prescribe a minimum retention
4-57 period for any state record unless a minimum retention period for
4-58 the record is prescribed by another federal or state law,
4-59 regulation, or rule of court.
4-60 Sec. 441.186. ARCHIVAL STATE RECORDS. (a) The state
4-61 archivist, through review of state records retention schedules
4-62 submitted to the state records administrator under Section 441.185
4-63 and other means available under this section, shall identify and
4-64 designate which state records are archival state records or which
4-65 state records of potential archival value shall be subject to the
4-66 review of the state archivist prior to their destruction.
4-67 (b) Records management officers shall submit to the state
4-68 archivist any information concerning a state record that the state
4-69 archivist considers necessary to determine the archival value of a
5-1 record.
5-2 (c) The state archivist may inspect any state record to
5-3 determine if the record is an archival state record and the
5-4 inspection is not a release of a record to a member of the public
5-5 under Chapter 552.
5-6 (d) Archival state records shall be transferred to the
5-7 custody of the commission when they are no longer needed for the
5-8 administration of the state agency unless state law requires that
5-9 the records remain in the custody of the agency.
5-10 (e) If the commission cannot accept immediate custody of an
5-11 archival state record, the record shall remain in the custody of
5-12 the state agency and shall be preserved in accordance with this
5-13 subchapter, rules adopted under this subchapter, and other terms on
5-14 which the director and librarian and the agency head may agree.
5-15 (f) Instead of transferring archival state records under
5-16 this section, the components of university systems and other
5-17 institutions of higher education may retain and preserve the
5-18 archival state records of the component or institution in
5-19 accordance with this subchapter and rules adopted under this
5-20 subchapter if the records are preserved in an archives established
5-21 in a library or research center directly controlled by the
5-22 university.
5-23 (g) Except when permitted under state law, an archival state
5-24 record may not be transferred from one state agency to another
5-25 without the consent of the director and librarian.
5-26 (h) With the approval of the director and librarian, the
5-27 state archivist may remove the designation of a state record as an
5-28 archival state record and permit destruction of the record under
5-29 this subchapter and rules adopted under this subchapter.
5-30 (i) In the event of a disagreement between the commission
5-31 and a state agency over custody of an archival state record, the
5-32 attorney general shall decide the issue of custody.
5-33 (j) In the event of a disagreement between the commission
5-34 and the attorney general over custody of an archival state record
5-35 in the possession of the office of the attorney general, the
5-36 commission may petition a district court in Travis County to decide
5-37 the issue of custody. On request, the attorney general shall
5-38 provide the commission with legal counsel to represent the
5-39 commission in the matter.
5-40 Sec. 441.187. DESTRUCTION OF STATE RECORDS. (a) A state
5-41 record may be destroyed by a state agency if:
5-42 (1) the record appears on a records retention schedule
5-43 approved under Section 441.185 and the record's retention period
5-44 has expired;
5-45 (2) a records destruction request is submitted to the
5-46 state records administrator and approved by the director and
5-47 librarian, or the designee of the director and librarian, for a
5-48 state record that does not appear on the approved records retention
5-49 schedule of the agency; or
5-50 (3) the record is exempted from the need to be listed
5-51 on a records destruction request under rules adopted by the
5-52 commission.
5-53 (b) A state record may not be destroyed if any litigation,
5-54 claim, negotiation, audit, open records request, administrative
5-55 review, or other action involving the record is initiated before
5-56 the expiration of a retention period for the record set by the
5-57 commission or in the approved records retention schedule of the
5-58 agency until the completion of the action and the resolution of all
5-59 issues that arise from the action, or until the expiration of the
5-60 retention period, whichever is later.
5-61 (c) The director and librarian may destroy any state record
5-62 in the physical custody of the commission under Section 441.182
5-63 whose minimum retention requirements have expired without the
5-64 consent of the agency head if, in the opinion of the director and
5-65 librarian and either the attorney general or the state auditor,
5-66 there is no justification under this subchapter or other state law
5-67 for the record's further retention.
5-68 (d) A state record may be destroyed before the expiration of
5-69 its retention period on the approved records retention schedule of
6-1 the state agency that has custody of the record only with the
6-2 special consent of the director and librarian and, if the record
6-3 possesses fiscal or financial value, with the concurrent consent of
6-4 the state auditor.
6-5 (e) The commission may adopt rules prescribing the
6-6 permissible means by which state records may be destroyed.
6-7 Sec. 441.188. MICROFILMED STATE RECORDS. (a) Any state
6-8 record may be maintained on microfilm.
6-9 (b) The microfilming of any state record and the maintenance
6-10 of a state record on microfilm must be in accordance with standards
6-11 and procedures adopted as administrative rules of the commission.
6-12 (c) A microfilmed state record created in compliance with
6-13 the rules of the commission is an original record and the
6-14 microfilmed record or a certified copy of it shall be accepted as
6-15 such by any court or administrative agency of this state.
6-16 (d) A microfilmed state record that was produced in
6-17 accordance with any state law in force before September 1, 1997, is
6-18 considered an original record.
6-19 Sec. 441.189. ELECTRONIC STATE RECORDS. (a) Any state
6-20 record may be created or stored electronically in accordance with
6-21 standards and procedures adopted as administrative rules of the
6-22 commission.
6-23 (b) Certified output from electronically digitized images or
6-24 other electronic data compilations created and stored in accordance
6-25 with the rules of the commission shall be accepted as original
6-26 state records by any court or administrative agency of this state
6-27 unless barred by a federal law, regulation, or rule of court.
6-28 (c) Certified output from electronically digitized images or
6-29 other data compilations created before September 1, 1997, in
6-30 accordance with any applicable prior law shall be accepted as
6-31 original state records or, in the absence of an applicable prior
6-32 law, at the discretion of the court or administrative agency.
6-33 Sec. 441.190. PROTECTION, MAINTENANCE, AND STORAGE OF STATE
6-34 RECORDS. (a) The commission may adopt rules establishing
6-35 standards and procedures for the protection, maintenance, and
6-36 storage of state records.
6-37 (b) In the development and adoption of the rules, the
6-38 commission shall pay particular attention to the maintenance and
6-39 storage of archival and vital state records and may adopt rules as
6-40 it considers necessary to protect them.
6-41 Sec. 441.191. ALIENATION OF STATE RECORDS PROHIBITED.
6-42 (a) A state record may not be sold or donated, loaned,
6-43 transferred, or otherwise passed out of the custody of the state by
6-44 a state agency without the consent of the director and librarian.
6-45 (b) Subsection (a) does not apply to the temporary transfer
6-46 of a state record to a person for the purposes of microfilming,
6-47 duplication, conversion to electronic media, restoration, or
6-48 similar records preservation or management procedures if the
6-49 transfer is authorized by the agency head or designated records
6-50 management officer.
6-51 Sec. 441.192. RIGHT OF RECOVERY. (a) The governing body of
6-52 a state agency may demand the return of any state government record
6-53 in the private possession of a person if the removal of the state
6-54 record from the state agency or the agency's predecessor was not
6-55 authorized by law.
6-56 (b) The director and librarian may demand the return of any
6-57 state government record of permanent value in the private
6-58 possession of any person.
6-59 (c) If the person in possession of the state government
6-60 record refuses to deliver the record on demand, the director and
6-61 librarian or the governing body of a state agency may ask the
6-62 attorney general to petition a district court in Travis County for
6-63 the recovery of the record as provided by this section. If the
6-64 court finds that the record is a state government record, the court
6-65 shall order the return of the record to the custody of the state.
6-66 As part of the petition or at any time after its filing, the
6-67 attorney general may petition to have the record seized pending the
6-68 determination of the court if the director and librarian or
6-69 governing body finds the record is in danger of being destroyed,
7-1 mutilated, altered, secreted, or removed from the state.
7-2 (d) A state government record recovered under Subsection (c)
7-3 shall be transferred to the custody of the commission or the state
7-4 agency that originally demanded the return of the record.
7-5 (e) If the attorney general recovers a record under
7-6 Subsection (c), the court shall award attorney's fees and court
7-7 costs to the attorney general.
7-8 Sec. 441.193. CUSTODY OF STATE RECORDS AND OTHER HISTORICAL
7-9 RESOURCES OF COMMISSION; PUBLIC ACCESS. (a) All archival state
7-10 records transferred to the custody of the commission in accordance
7-11 with this subchapter and all other historical resources acquired by
7-12 the commission through gift or purchase become the property of the
7-13 commission.
7-14 (b) The director and librarian, the state archivist, or
7-15 their authorized designees may make certified copies of archival
7-16 state records or other historical resources, and the certified
7-17 copies shall have the same force and effect as if certified by
7-18 their original custodian or owner.
7-19 (c) The commission shall adopt rules regarding public access
7-20 to the archival state records and other historical resources in the
7-21 possession of the commission.
7-22 (d) Except as provided in Subsection (e), any rules adopted
7-23 under this section may not violate any requirements of Chapter 552
7-24 or any other state law regarding public access to state records or
7-25 the terms of any agreement between the commission and a donor of
7-26 other historical resources to the commission.
7-27 (e) In rules adopted under this section, the commission may
7-28 restrict access to any original archival state record or other
7-29 historical resource in its possession and provide only copies if,
7-30 in the opinion of the state archivist, such access would compromise
7-31 the continued survival of the original record.
7-32 (f) The commission shall ensure that the confidentiality
7-33 established under Chapter 552 or any other state law of any
7-34 archival state record transferred to the commission's custody under
7-35 Section 441.186 shall be preserved until state law allows public
7-36 access to the records.
7-37 (g) Requests for public access to state records of other
7-38 state agencies in the physical custody of the records management
7-39 program of the commission established by Section 441.182 shall be
7-40 denied by the state records administrator unless the state agency
7-41 having legal custody of the records provides written authorization.
7-42 (h) Authorizations for public access under Subsection (g)
7-43 may not provide for public access to the original microfilm of
7-44 state records.
7-45 Sec. 441.194. RECORDS OF ABOLISHED STATE AGENCIES. (a)
7-46 Unless otherwise provided by law, the General Services Commission
7-47 shall take custody of the records of a state agency that is
7-48 abolished by the legislature and whose duties and responsibilities
7-49 are not transferred to another state agency.
7-50 (b) Unless the requirement is waived by the state records
7-51 administrator, the records management officer of the General
7-52 Services Commission, or of another state agency that receives
7-53 custody of the records pursuant to law, shall prepare and submit to
7-54 the state archivist and the state records administrator a list of
7-55 the records of the abolished state agency within 180 days of the
7-56 effective date of the agency's abolition.
7-57 (c) The state archivist shall determine which records of the
7-58 abolished state agency are archival state records. Any archival
7-59 state records of the abolished state agency shall be transferred to
7-60 the custody of the commission in accordance with Section 441.186.
7-61 Sec. 441.195. CONTRACTING AUTHORITY. (a) The commission
7-62 may enter into any contract or agreement that it considers
7-63 necessary or advisable to foster and assist the preservation and
7-64 management of state records or other historical resources.
7-65 (b) A contract or agreement made by the commission may not
7-66 bind the state for the payment of any funds that have not been
7-67 authorized by an appropriation of the legislature.
7-68 Sec. 441.196. SALE OF COPIES OF STATE ARCHIVES. (a) The
7-69 commission may sell copies of state archival records and other
8-1 historical resources in its possession at a price not exceeding 25
8-2 percent above the cost of publishing or producing the copies.
8-3 (b) Any money paid to the commission under this section is
8-4 subject to Subchapter F, Chapter 404.
8-5 (c) This section is not intended to conflict with Chapter
8-6 552.
8-7 Sec. 441.197. SALE OF DUPLICATE OR UNNEEDED MATERIAL. (a)
8-8 After certification by both the director and librarian and the
8-9 state archivist that an archival state record or other historical
8-10 resource in the custody of the commission is a duplicate or is not
8-11 needed to document the history and culture of Texas as a province,
8-12 colony, republic, or state, the commission may authorize its sale
8-13 by auction or other means.
8-14 (b) Revenue from the sale of a duplicate or unneeded
8-15 archival state record or other historical resource shall be used to
8-16 preserve state archival records and other historical resources and
8-17 to make the records and resources available for research.
8-18 (c) The sale of an archival state record under Subsection
8-19 (a) does not constitute an alienation of a state record under
8-20 Section 441.191.
8-21 Sec. 441.198. AGREEMENT WITH MEXICO. (a) The commission
8-22 may negotiate an agreement with the appropriate authorities in
8-23 Mexico under which this state will trade or lend to Mexico the
8-24 flags of the Toluca Battalion, the Guerrero Battalion, and the
8-25 Matamoros Battalion captured at the Battle of San Jacinto and
8-26 Mexico will trade or lend to this state the flag of the New Orleans
8-27 Greys captured at the Battle of the Alamo. An agreement under this
8-28 section:
8-29 (1) may not affect title to the flags;
8-30 (2) may provide that this state will restore the San
8-31 Jacinto flags to a suitable condition and Mexico will restore the
8-32 Alamo flag to a suitable condition before the trade or loan of the
8-33 flags as long as such conditioning does not alter the authenticity
8-34 or integrity of the flags; and
8-35 (3) is not valid if it is not approved by the governor
8-36 and by the appropriate authority for approval under the laws of
8-37 Mexico.
8-38 (b) The commission may use only gifts or grants to restore
8-39 the San Jacinto battle flags to a suitable condition under an
8-40 agreement to trade or lend the flags made under Subsection (a).
8-41 (c) If an agreement to trade or lend the Alamo and San
8-42 Jacinto battle flags made under Subsection (a) does not provide
8-43 that Mexico will restore the Alamo battle flag to a suitable
8-44 condition before the trade or loan of the flag, the commission may
8-45 use only gifts or grants to restore the Alamo battle flag to a
8-46 suitable condition after the trade or loan of the flags.
8-47 Sec. 441.199. RULEMAKING AUTHORITY. In addition to other
8-48 rulemaking authority granted in this subchapter, the commission may
8-49 adopt other rules it determines necessary for cost reduction and
8-50 efficiency of recordkeeping by state agencies and for the state's
8-51 management and preservation of records.
8-52 Sec. 441.200. AUDIT. The state auditor may report on a
8-53 state agency's compliance with this subchapter and rules adopted
8-54 under this subchapter.
8-55 Sec. 441.201. RECORDS OF OFFICE OF GOVERNOR. In
8-56 consultation with the commission, a governor may designate an
8-57 institution of higher education or alternate archival institution
8-58 in the state, in lieu of the Texas State Library and Archives, as
8-59 the repository for the records of the executive office of the
8-60 governor created or received during that governor's term of office.
8-61 Such alternative repository shall administer the records in
8-62 accordance with normally accepted archival principles and practices
8-63 and shall ensure that the records are available to the public. The
8-64 terms of any such alternative repository arrangement shall be
8-65 recorded by the commission through a memorandum of understanding,
8-66 deposit agreement, or other appropriate documentation.
8-67 Sec. 441.202. ARCHIVES OF GENERAL LAND OFFICE. (a) Any
8-68 papers, including any book, transfer, power of attorney, field
8-69 note, map, plat, legal proceeding, official report, or original
9-1 document, that pertain to the land of the Republic or State of
9-2 Texas and that have been deposited or filed in the General Land
9-3 Office in accordance with any law of the republic or of this state
9-4 constitute the archives of the General Land Office and are not
9-5 subject to transfer to the commission under Section 441.186.
9-6 (b) A person owning land between the Nueces River and the
9-7 Rio Grande under a grant or title from the former government that
9-8 was issued before November 13, 1835, and, before the adoption of
9-9 the constitution, was recorded in the county in which the land is
9-10 situated but that has not been filed in the archives of the General
9-11 Land Office shall submit the grant or title to the commissioner of
9-12 the General Land Office who shall file the title or grant in the
9-13 archives of the General Land Office. The act of filing does not
9-14 invest the title or grant with any greater validity than it had as
9-15 a title or grant recorded in the proper county, and it is subject
9-16 to any defense or objection to which it would have been subject if
9-17 not so filed.
9-18 (c) The commissioner of the General Land Office shall
9-19 procure, accept, and file in the archives of the General Land
9-20 Office the original papers relating to the survey of lands by
9-21 virtue of certificates issued by this state to the Texas & Pacific
9-22 Railway Company and its predecessors in title, including the maps,
9-23 sketches, reports, and other papers that were drawn by the
9-24 surveyors in making the original or corrected surveys of the land
9-25 and that are in the custody of the railway company. If the
9-26 commissioner cannot procure the original papers, the commissioner
9-27 may procure, accept, and file verified copies. The commissioner
9-28 shall verify the authenticity of the papers. If the commissioner
9-29 can procure only a portion of the originals, the commissioner shall
9-30 procure and accept that portion and take and file verified copies
9-31 of those originals the commissioner cannot procure. The original
9-32 papers or verified copies filed by the commission in the archives
9-33 of the General Land Office are admissible in evidence as are other
9-34 papers, documents, and records and certified copies of the office.
9-35 (d) This section does not give any papers named in this
9-36 section any greater force or validity, because of being recognized
9-37 as archives of the General Land Office, than was accorded the
9-38 papers by the laws in force at the date of their execution and
9-39 deposit in the General Land Office.
9-40 (e) A written instrument, including a deed, that was
9-41 executed or issued before March 2, 1836, on stamped paper of the
9-42 second or third seal and that is not an original instrument in the
9-43 General Land Office or expressly declared by law to be part of the
9-44 archives of that office do not constitute a part of the archives of
9-45 that office. An owner of land to which the instrument relates may
9-46 withdraw the instrument from the General Land Office on making a
9-47 written, sworn application for the instrument to the commissioner.
9-48 The application must state the fact of ownership of the land to
9-49 which the instrument relates. If the commissioner is satisfied
9-50 that the person applying is the owner, the commissioner may deliver
9-51 the instrument to the applicant. The commissioner shall take a
9-52 receipt for the instrument that describes the instrument delivered,
9-53 summarizes its contents, and names the original grantee of land to
9-54 which the instrument relates or refers.
9-55 Sec. 441.203. RECORDS MANAGEMENT INTERAGENCY COORDINATING
9-56 COUNCIL. (a) The Records Management Interagency Coordinating
9-57 Council is composed of the following officers or the officer's
9-58 designee:
9-59 (1) the secretary of state;
9-60 (2) the state auditor, who serves as a nonvoting
9-61 member;
9-62 (3) the comptroller of public accounts;
9-63 (4) the attorney general;
9-64 (5) the director and librarian;
9-65 (6) the executive director of the General Services
9-66 Commission; and
9-67 (7) the executive director of the Department of
9-68 Information Resources.
9-69 (b) The position of presiding officer rotates among the
10-1 members of the council according to the procedures adopted by the
10-2 council. A term as presiding officer is two years and expires on
10-3 February 1 of each odd-numbered year.
10-4 (c) Service on the council is an additional duty of a
10-5 member's office or employment. A member of the council is not
10-6 entitled to compensation, but is entitled to reimbursement of
10-7 travel expenses incurred by the member while conducting the
10-8 business of the council, as provided in the General Appropriations
10-9 Act.
10-10 (d) The council's member agencies shall provide the staff
10-11 for the council.
10-12 (e) The council shall:
10-13 (1) review the activities of each member agency that
10-14 affect the state's management of records;
10-15 (2) study other records management issues; and
10-16 (3) report its findings and any recommended
10-17 legislation to the governor and the legislature not later than
10-18 November 1 of each even-numbered year.
10-19 (f) The council shall adopt policies that coordinate the
10-20 activities of each member agency and that make other improvements
10-21 in the state's management of records. The council shall adopt
10-22 policies under this subsection using the rulemaking procedures
10-23 prescribed by Chapter 2001.
10-24 (g) Each member agency shall adopt the policies adopted
10-25 under Subsection (f) as the member agency's own rules, except to
10-26 the extent that the policies conflict with other state or federal
10-27 law.
10-28 (h) Each member agency shall report on the agency's adoption
10-29 and implementation of rules under Subsection (g) to the council not
10-30 later than October 1 of each even-numbered year.
10-31 (i) In this section, "member agency" means each state
10-32 officer who is a member of the council or an agency that has a
10-33 representative who is a member of the council.
10-34 SECTION 2. Section 51.204, Government Code, is amended to
10-35 read as follows:
10-36 Sec. 51.204. RECORDS OF COURT [DUTIES]. (a) The clerk of a
10-37 court of appeals shall:
10-38 (1) file and carefully preserve records certified to
10-39 the court and papers relative to the record;
10-40 (2) docket causes in the order in which they are
10-41 filed;
10-42 (3) record the proceedings of the court except
10-43 opinions and orders on motions; and
10-44 (4) certify the judgments of the court to the proper
10-45 courts.
10-46 (b) Upon the issuance of the mandate in each case, the clerk
10-47 shall notify the attorneys of record in the case that:
10-48 (1) exhibits submitted to the court by a party may be
10-49 withdrawn by that party or the party's attorney of record; and
10-50 (2) exhibits on file with the court will be destroyed
10-51 10 years after final disposition of the case or at an earlier date
10-52 if ordered by the court.
10-53 (c) Not sooner than the 60th day and not later than the 90th
10-54 day after the date of final disposition of a case, the clerk shall
10-55 remove and destroy all duplicate papers in the file on record of
10-56 that case.
10-57 (d) Ten years after the final disposition of a civil case in
10-58 the court, the clerk shall destroy all records filed in the court
10-59 related to the case except:
10-60 (1) records that, in the opinion of the clerk or other
10-61 person designated by the court, contain highly concentrated,
10-62 unique, and valuable information unlikely to be found in any other
10-63 source available to researchers; [and]
10-64 (2) indexes, original opinions, minutes, and general
10-65 court dockets unless the documents are microfilmed in accordance
10-66 with this section [or otherwise reduced] for permanent retention,
10-67 in which case the original document shall be destroyed; and
10-68 (3) other records of the court determined to be
10-69 archival state records under Section 441.186.
11-1 (e) [A record described in Subsection (d)(1) may be
11-2 transferred to a public or private library or other agency
11-3 concerned with the preservation of historical documents to be
11-4 preserved or disposed of as the library or agency may determine.]
11-5 [(f)] The clerk shall retain other records of the court,
11-6 such as financial records, administrative correspondence, and other
11-7 materials not related to particular cases in accordance with
11-8 Section 441.185 [for the time period specified by order of the
11-9 court].
11-10 (f) Before microfilming records, the clerk must submit a
11-11 plan in writing to the justices of a court of appeals for that
11-12 purpose. If a majority of the justices of a court of appeals
11-13 determines that the plan meets the requirements of Section 441.188,
11-14 rules adopted under that section, and any additional standards and
11-15 procedures the justices may require, the justices shall inform the
11-16 clerk in writing and the clerk may adopt the plan. The decision of
11-17 the justices must be entered in the minutes of the court.
11-18 SECTION 3. Section 441.002(g), Government Code, is amended
11-19 to read as follows:
11-20 (g) Under the direction of the commission, the director and
11-21 librarian shall:
11-22 (1) record the commission's proceedings;
11-23 (2) keep an accurate account of the commission's
11-24 financial transactions;
11-25 (3) have charge of the state library and any book,
11-26 picture, document, newspaper, manuscript, archive, relic, memento,
11-27 flag, or similar item contained in the library;
11-28 (4) administer programs to carry out the duties of the
11-29 commission and the director and librarian under Subtitle C, Title
11-30 6, Local Government Code, and Subchapters J and L [endeavor to
11-31 collect any manuscript record relating to the history of Texas
11-32 possessed by a private individual, or if the original record cannot
11-33 be obtained, endeavor to procure an authenticated copy];
11-34 (5) [seek diligently to procure a copy of any printed
11-35 matter, including any book, pamphlet, or map, giving valuable
11-36 information concerning this state;]
11-37 [(6) collect portraits or photographs of as many
11-38 prominent Texans as possible;]
11-39 [(7) endeavor to complete the files of early Texas
11-40 newspapers in the state library and of other publications of this
11-41 state that seem necessary to preserve in the state library an
11-42 accurate record of the history of Texas;]
11-43 [(8) demand and receive from the officer of the state
11-44 department in charge of it, any book, map, paper, manuscript,
11-45 document, memoranda, or data relating to the history of Texas not
11-46 connected with or necessary to the current duties of the officer;]
11-47 [(9) carefully classify, catalogue, and preserve any
11-48 book, map, paper, manuscript, document, memoranda, or data received
11-49 under Subdivision (8);]
11-50 [(10) endeavor to procure from Mexico the original
11-51 archives that have been removed from Texas and that relate to the
11-52 history and settlement of Texas or, if the originals cannot be
11-53 procured, endeavor to procure authentic copies of the originals;]
11-54 [(11) procure the original of any manuscript relating
11-55 to the history of Texas that is preserved in an archive outside
11-56 this state or, if the original cannot be procured, procure an
11-57 authentic copy of the original;]
11-58 [(12) preserve any historical relic, memento,
11-59 antiquity, or work of art relating to the history of Texas that
11-60 comes into the director and librarian's possession as director and
11-61 librarian;]
11-62 [(13) endeavor constantly to build up a historical
11-63 museum worthy of the interesting and important history of this
11-64 state;]
11-65 [(14) give careful attention to the proper
11-66 classification, indexing, and preserving of the official archives
11-67 in the director and librarian's custody;]
11-68 [(15) make a biennial report to the commission that is
11-69 accompanied by any historical papers or documents the director and
12-1 librarian considers to be of sufficient importance;]
12-2 [(16)] ascertain the condition of all public libraries
12-3 in this state and report the results to the commission; and
12-4 (6) [(17) encourage and promote the establishment of
12-5 effective records management programs in the local governments of
12-6 this state;]
12-7 [(18) endeavor to ensure that the historically
12-8 valuable records of the local governments of this state are
12-9 properly preserved and made available for public use; and]
12-10 [(19)] perform any other duty the commission assigns.
12-11 SECTION 4. Section 441.003, Government Code, is amended by
12-12 amending Subsections (a), (c), and (d) and adding Subsection (e) to
12-13 read as follows:
12-14 (a) Subject to the approval of the commission, the director
12-15 and librarian shall appoint an assistant state librarian, a state
12-16 archivist, a state records administrator, and other assistants and
12-17 employees necessary to fulfill the duties of the commission and the
12-18 director and librarian as prescribed by law [for the maintenance of
12-19 the libraries and archives of this state].
12-20 (c) To be eligible for appointment as state archivist, a
12-21 person must have appropriate training and experience in the
12-22 administration of a government archive [present satisfactory
12-23 evidence of completion of one year's advance work in American or
12-24 Southwestern history in a standard college and of a fluent reading
12-25 knowledge of Spanish and French], but is not required to have
12-26 technical library school training or library experience to be
12-27 appointed state archivist.
12-28 (d) [An assistant other than the assistant state librarian
12-29 serves in the grade of head of a department, library assistant,
12-30 clerk, or laborer.] To be eligible for appointment as state
12-31 records administrator, a person must have appropriate training and
12-32 experience in the administration of a government records management
12-33 program, but is not required to [the head of a department, a person
12-34 must] have technical library training or library experience to be
12-35 appointed state records administrator [and at least one year of
12-36 experience in library work. To be eligible for appointment as a
12-37 library assistant, a person must have technical library training.
12-38 To be eligible for appointment as a clerk, a person must hold a
12-39 diploma from a high school considered to be first class according
12-40 to the standards of the State Board of Education or The University
12-41 of Texas or present satisfactory evidence of educational training
12-42 equivalent to that provided by a first class high school, and the
12-43 person must present satisfactory evidence of proficiency in
12-44 stenography and typewriting or bookkeeping. To be eligible for
12-45 appointment as a laborer, a person must present satisfactory
12-46 evidence of education sufficient to do any elementary clerical work
12-47 required].
12-48 (e) The director and librarian may designate a staff member
12-49 to serve as both state archivist and state records administrator.
12-50 In that event, any provision of Subchapter L requiring joint action
12-51 by the state archivist and the state records administrator requires
12-52 only the action of the person designated.
12-53 SECTION 5. Section 441.006(a), Government Code, is amended
12-54 to read as follows:
12-55 (a) The commission shall:
12-56 (1) govern the Texas State Library;
12-57 (2) adopt policies and rules to aid and encourage the
12-58 development of and cooperation among all types of libraries,
12-59 including public, academic, special, and other types of libraries;
12-60 (3) [collect materials relating to the history of
12-61 Texas and adjoining states;]
12-62 [(4) preserve, classify, and publish the manuscript
12-63 archives and other matters it considers proper;]
12-64 [(5) diffuse knowledge relating to the history of
12-65 Texas;]
12-66 [(6) encourage historical work and research;]
12-67 [(7) mark historic sites and houses and secure their
12-68 preservation;]
12-69 [(8)] aid those studying problems to be dealt with by
13-1 legislation;
13-2 (4) [(9)] prepare and make available to the public and
13-3 appropriate state agencies information of public interest
13-4 describing the functions of the commission and the commission
13-5 procedures by which complaints are filed with and resolved by the
13-6 commission;
13-7 (5) [(10)] deposit money paid to the commission under
13-8 this chapter subject to Subchapter F, Chapter 404;
13-9 (6) [(11)] give to any person contemplating the
13-10 establishment of a public library advice regarding matters such as
13-11 maintaining a public library, selecting books, cataloging, and
13-12 managing a library;
13-13 (7) [(12)] conduct library institutes and encourage
13-14 library associations;
13-15 (8) take custody of, preserve, and make available for
13-16 public use state records and other historical resources that
13-17 document the history and culture of Texas as a province, colony,
13-18 republic, or state;
13-19 (9) [(13)] aid and encourage, by adoption of policies
13-20 and programs, the development of effective records management and
13-21 preservation programs in state agencies and the local governments
13-22 of the state; and
13-23 (10) [(14) adopt rules governing the preservation,
13-24 microfilming, destruction, or other disposition of local government
13-25 records; and]
13-26 [(15)] establish by rule methods by which consumers
13-27 and service recipients are notified of the name, mailing address,
13-28 and telephone number of the commission for the purpose of directing
13-29 complaints to the commission.
13-30 SECTION 6. Section 441.008(c), Government Code, is amended
13-31 to read as follows:
13-32 (c) This section does not apply to any state archival record
13-33 or other historical resource that the director and librarian has
13-34 designated to be part of the state archives program established
13-35 under Section 441.181 [a book or document that is an archive of the
13-36 state library].
13-37 SECTION 7. Section 441.013(a), Government Code, is amended
13-38 to read as follows:
13-39 (a) The commission shall make a biennial report to the
13-40 governor that includes:
13-41 (1) a comprehensive view of the operation of the
13-42 commission in discharging the duties imposed by this subchapter;
13-43 (2) a review of the library conditions in this state;
13-44 (3) an itemized statement of the commission's
13-45 expenditures;
13-46 (4) any recommendations suggested by the experience of
13-47 the commission;
13-48 (5) careful estimates of money necessary for carrying
13-49 out this subchapter; and
13-50 (6) a review of commission activities under Subtitle
13-51 C, Title 6, Local Government Code, and Subchapters J and L [the
13-52 biennial report of the director and librarian required by Section
13-53 441.002(g)(15)].
13-54 SECTION 8. The following laws are repealed:
13-55 (1) Sections 51.205, 441.002(i), 441.010, 441.0105,
13-56 441.011, 441.0115, and 441.012, Government Code; and
13-57 (2) Subchapters B, C, D, and K, Chapter 441,
13-58 Government Code.
13-59 SECTION 9. This Act takes effect September 1, 1997.
13-60 SECTION 10. The importance of this legislation and the
13-61 crowded condition of the calendars in both houses create an
13-62 emergency and an imperative public necessity that the
13-63 constitutional rule requiring bills to be read on three several
13-64 days in each house be suspended, and this rule is hereby suspended.
13-65 * * * * *