78R3288 KEG-F
By: Hochberg H.B. No. 1293
A BILL TO BE ENTITLED
AN ACT
relating to the Records Management Interagency Coordinating
Council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 441.203, Government Code, is amended by
amending Subsections (a), (b), and (d)-(j) and adding Subsections
(a-1), (a-2), (a-3), and (k) to read as follows:
(a) The Records Management Interagency Coordinating Council
is composed of:
(1) permanent members, consisting of the following
officers or the officer's designee:
(A) [(1)] the secretary of state;
(B) [(2)] the state auditor, who serves as a
nonvoting member;
(C) [(3)] the comptroller of public accounts;
(D) [(4)] the attorney general;
(E) [(5)] the director and librarian;
(F) [(6)] the executive director of the Texas
Building and Procurement [General Services] Commission; and
(G) [(7)] the executive director of the
Department of Information Resources; and
(2) auxiliary voting members, consisting of:
(A) one faculty member of a public senior college
or university, as defined by Section 61.003, Education Code, who
has demonstrated knowledge of records and information management;
and
(B) two individuals who serve as information
resources managers, under Section 2054.071, for state agencies in
the executive branch of government.
(a-1) The presiding officer of the council shall appoint
auxiliary voting members in accordance with this section. To be
appointed by the presiding officer as an auxiliary voting member
for a full or partial term, a person must be nominated by the
presiding officer and receive the approval of a majority of the
permanent members listed under Subsection (a)(1).
(a-2) Auxiliary voting members serve two-year terms, with
the terms expiring February 1 of each odd-numbered year. A person
who is appointed as an auxiliary voting member or to fill a vacancy
of an auxiliary voting member may continue to serve as a member only
while the person continues to possess the qualifications for the
category under which the person is appointed.
(a-3) The presiding officer shall 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. A person appointed to fill a vacant
position of an auxiliary voting member shall serve for the
unexpired portion of the term for which the person is appointed.
(b) The position of presiding officer rotates among the
permanent members of the council according to the procedures
adopted by the council. A term as presiding officer is two years
and expires on February 1 of each odd-numbered year.
(d) The council's permanent member agencies shall provide
the staff for the council.
(e) The council shall:
(1) review the activities of each permanent member
agency that affect the state's management of records;
(2) study other records management issues; and
(3) report its findings and any recommended
legislation to the governor and the legislature not later than
November 1 of each even-numbered year.
(f) The council shall adopt policies that coordinate the
activities of each permanent member agency and that make other
improvements in the state's management of records. The council
shall adopt policies under this subsection using the rulemaking
procedures prescribed by Chapter 2001.
(g) Each permanent member agency shall adopt the policies
adopted under Subsection (f) as the permanent member agency's own
rules, except to the extent that the policies conflict with other
state or federal law.
(h) Each permanent member agency shall report on the
agency's adoption and implementation of rules under Subsection (g)
to the council not later than October 1 of each even-numbered year.
(i) In this section, "permanent member agency" means each
state officer who is a permanent member of the council or an agency
that has a representative who is a permanent member of the council.
(j) The council shall categorize state agency programs and
telephone numbers by subject matter as well as by agency. The
council shall cooperate with the Texas Information and Referral
Network under Section 531.0312 to ensure that the council and the
network use a single method of defining and organizing information
about health and human services [. State agencies shall cooperate
with the council by providing the council with the information it
needs to perform this function].
(k) A state agency shall cooperate with the council in the
performance of its duties.
SECTION 2. The presiding officer of the Records Management
Interagency Coordinating Council shall make the initial
appointments of the auxiliary voting members of the council, in
accordance with Section 441.203, Government Code, as amended by
this Act, not later than October 31, 2003, for terms to expire
February 1, 2005.
SECTION 3. This Act takes effect September 1, 2003.