SRC-TAG S.B. 394 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 394
78R3288 KEG-FBy: Shapleigh
Government Organization
3/10/2003
As Filed


DIGEST AND PURPOSE 

Currently, the Records Management Interagency Coordinating Council
(RMICC), established to report on records management issue within the
state government, lacks access to research opportunities in higher
education and access to expertise on electronic records management.  As
the state government transitions from paper to an electronic environment
of record keeping, it is necessary for its record managers to have
adequate knowledge of electronic records.   As proposed, S.B. 394 expands
the membership of the Record Management Interagency Coordinating Council
to include one faculty member of a public senior  college or university
and two individuals who serve as information resource managers for state
agencies in the executive branch of government.  Adding a faculty member
and two individual experts in electronic record keeping will give RMICC
access to research opportunities in the academic setting and provide
knowledgeable guidance on proper electronic records management.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 441.203, Government Code, by amending
Subsections (a), (b), and (d)-(j) and adding Subsections (a-1), (a-2),
(a-3), and (k), as follows: 

(a)  Provides that the Records Management Interagency Coordinating Council
is composed of permanent members, consisting of certain officers or the
officer's designee, including the executive director of the Texas Building
and Procurement Commission; and auxiliary voting members, consisting of
one faculty member of a public senior college or university, as defined by
Section 61.03 (Definitions), Education Code, who has demonstrated
knowledge of records and information management and two individuals who
serve as information resources managers, under Section 2054.071, for state
agencies in the executive branch of government. 

(a-1)  Requires the presiding officer of the council to appoint auxiliary
voting members in accordance with this section.  Requires  a person,
before being appointed by the presiding officer as an auxiliary voting
member for either a full or a partial term, to be nominated by the
presiding officer and receive the approval of the majority of the
permanent members listed under Subsection (a) (1). 

(a-2)  Provides that auxiliary voting members serve two-year terms, with
the terms expiring February 1 of each odd-numbered year.  Authorizes a
person appointed as an auxiliary voting member or to fill a vacancy of an
auxiliary voting to continue to serve as a member only while the persons
continues to possess the qualifications for the category under which the
person is appointed. 

(a-3)  Requires the presiding officer to fill a vacancy of an auxiliary
voting member for the unexpired term by appointing a person who has the
qualifications required under Subsection  (a)(2) for the vacated position.
Requires a person appointed to fill a vacant position of an auxiliary
voting member to serve for the unexpired portion of the term for which the
person is appointed. 

(b)  Provides that the position of the presiding officer rotates among the
permanent members of the council according to the procedures adopted by
the council.  

 (d)  Requires the council's permanent member agencies to provide staff
for the council. 

(e)  Requires the council to review the activities of each permanent
member agency that affect the state's management records and meet certain
requirements. 

 (f)  Makes a conforming change.

 (g)  Makes a conforming change.

 (h)  Makes a conforming change. 

 (i)  Redefines "permanent member agency."

(j)  Deletes text requiring state agencies to cooperate with the council
by providing information. 

 (k)  Requires a state agency to cooperate with the council in the
performance of its duties. 

SECTION 2.  Requires the presiding officer of the Records Management
Interagency Coordinating Council to make the initial appointments of the
auxiliary voting members of the council, in accordance with Section
441.203 (Records Management Interagency Coordinating Council), Government
Code, as amended by this Act, by October 31, 2003, for terms to expire
February 1, 2005. 

SECTION 3.  Effective date: September 1, 2003.