79R5162 MXM-D


By:  Delisi                                                       H.B. No. 2473



A BILL TO BE ENTITLED

AN ACT

relating to certain state publications maintained by the Texas 
State Library and Archives Commission.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 441.101(2) and (4), Government Code, 
are amended to read as follows:
		(2)  "Depository library" means the Texas State 
Library, the Legislative Reference Library, the Library of 
Congress, the Center for Research Libraries, or any other library 
that the commission designates as a site for retaining and allowing 
public access to state publications [depository library].
		(4)  "State publication":                                                     
			(A)  means information in any format, including 
materials in a physical format or in an electronic format, that:
				(i)  is produced by the authority of or at 
the total or partial expense of a state agency or is required to be 
distributed under law by the agency; and
				(ii)  is publicly distributed outside the 
agency by or for the agency; and
			(B)  does not include information the 
distribution of which is limited to: 
				(i)  contractors with or grantees of the 
agency;                          
				(ii)  persons within the agency or within 
other government agencies; or   
				(iii)  members of the public under a request 
made under the open records law, Chapter 552.
	SECTION 2.  Section 441.102(c), Government Code, is amended 
to read as follows:
	(c)  The commission shall establish and maintain a system, 
named the "Texas Records and Information Locator," or "TRAIL," to 
allow electronic access, including access through the Internet, at 
the Texas State Library and other depository libraries to state 
publications [in an electronic format] that have been made 
available to the public through the Internet by or on behalf of a 
state agency.
	SECTION 3.  Section 441.103, Government Code, is amended by 
amending Subsections (a) and (b) and adding Subsections (f) and (g) 
to read as follows:
	(a)  A state agency shall designate one or more staff persons 
as agency publications liaisons [contact persons] and shall notify 
the Texas State Library of those persons' identities.  A 
publications liaison [contact person] shall maintain a record of 
the agency's state publications and shall furnish to the Texas 
State Library a list of the agency's new state publications as they 
become available.
	(b)  A state agency shall furnish copies of its state 
publications that exist in a physical format to the Texas State 
Library in the number specified by commission rules.  On the 
creation [printing] of or awarding of a contract for the production
[printing] of a publication in a physical format, a state agency 
shall arrange for the required number of copies to be deposited with 
the Texas State Library.  The commission may not require more than 
75 copies of a [printed] state publication in a physical format.
	(f)  A state agency shall include, for any of its 
publications available on the Internet, identifying and 
descriptive information about the publication as specified by 
commission and Department of Information Resources rules.
	(g)  If an electronic state publication is not printed or 
available from the state agency's website, the state agency shall 
furnish the Texas State Library copies in a manner prescribed by 
commission rules.  The commission may not require more than 75 
copies of the publication.
	SECTION 4.  Section 441.104, Government Code, is amended to 
read as follows: 
	Sec. 441.104.  DUTIES OF TEXAS STATE LIBRARY.  The Texas 
State Library shall:
		(1)  acquire, organize, [and] retain, and provide 
access to state publications;
		(2)  collect state publications and distribute them to 
depository libraries;
		(3)  establish a [microform] program for the 
preservation and management of state publications and make 
available state publications in alternative formats [microform] to 
depository libraries and other libraries at a reasonable cost;
		(4)  periodically issue a list of all state 
publications that it has received in a physical format to all 
depository libraries and other libraries on request;
		(5)  catalog, classify, and index all state 
publications that it receives and distribute the cataloging, 
classification, and indexing information to depository libraries 
and to other libraries on request;
		(6)  ensure that state publications are fully 
represented in regional and national automated library networks;
		(7)  index all state publications that are available 
through the Internet [in an electronic format] and make the index 
available through the Internet [in an electronic format]; and
		(8)  [provide on-line access to state publications that 
can be accessed on-line; and
		[(9)]  provide other depository libraries appropriate 
access, at no charge, to state publications available in an 
electronic format.
	SECTION 5.  Section 441.106, Government Code, is amended to 
read as follows: 
	Sec. 441.106.  PAYMENT FOR PRINTING OF STATE PUBLICATIONS.  
If a state agency's printing is done by contract, an account for the 
printing may not be approved and a warrant may not be issued unless 
the agency first furnishes to the Texas Building and Procurement
[State Purchasing and General Services] Commission a receipt from 
the state librarian for the publication or a written waiver from the 
state librarian exempting the publication from this subchapter.
	SECTION 6.  This Act takes effect September 1, 2005.