By:  Shapleigh                                                    S.B. No. 394


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) through (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.