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79R14899 MXM-F


By:  Phillips                                                     H.B. No. 2697

Substitute the following for H.B. No. 2697:                                   

By:  Hilderbran                                               C.S.H.B. No. 2697



A BILL TO BE ENTITLED

AN ACT

relating to the preservation of Texas historical resources and 
historical government records.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 441, Government Code, is amended by 
adding Subchapter O to read as follows:

SUBCHAPTER O. TEXAS HISTORICAL GOVERNMENT RECORDS PRESERVATION
	Sec. 441.261.  DEFINITION; HISTORICAL GOVERNMENT RECORDS.  
(a)  In this subchapter, "commission" means the Texas State Library 
and Archives Commission.
	(b)  For purposes of this subchapter, historical government 
records include:
		(1)  any local government record with a retention 
period established as permanent or for which a review for possible 
historical value is required in a local government records 
retention schedule issued under Section 441.158; and
		(2)  any state record identified as an archival state 
record or subject to review as a potential archival state record by 
the state archivist under Section 441.186.
	Sec. 441.262.  TEXAS HISTORICAL GOVERNMENT RECORDS 
PRESERVATION GRANTS.  (a)  The commission may establish a program of 
state grants to counties, municipalities, other local governmental 
entities, and state governmental entities to preserve the 
historically valuable records of the governments of this state.
	(b)  The commission may award the grants to enable grant 
recipients to:
		(1)  preserve, repair, restore, manage, and provide 
public access to historical government records in the custody of 
the recipient; and
		(2)  establish or enhance efficient records management 
programs to ensure that current records of historical value or 
potential historical value in the custody of the recipient are 
identified, managed, and preserved.
	(c)  The commission may adopt any necessary rules for the 
administration of the grant program, including rules relating to 
eligibility for and the terms of grants awarded under this section.
	(d)  The commission shall approve any award of grants made 
under this section in open meetings in accordance with Chapter 551.
	(e)  The commission shall determine the amount to be used for 
the award of grants under this section, subject to appropriations.
	Sec. 441.263.  STATE ARCHIVES. (a) The commission may 
preserve, repair, restore, manage, and provide access to the 
historical government records in the custody of the commission, 
including records in any regional historical resource depository 
established by agreement under Section 441.153 or in any regional 
research center established and operated by the commission under 
Section 441.154.
	(b)  The commission may determine the amount to be used for 
activities under this section, subject to appropriations.
	Sec. 441.264.  EMERGENCY DISASTER RECOVERY GRANTS. (a) The 
commission may make emergency grants to local governments to assist 
them in the recovery of records damaged by fire, flood, or other 
natural or man-made disaster.
	(b)  The commission may adopt any necessary rules for the 
administration of emergency disaster recovery grants, including 
rules relating to eligibility for and the terms and conditions of an 
emergency grant.
	(c)  The commission may determine the amount to be used for 
emergency disaster recovery grants under this section, subject to 
appropriations.
	Sec. 441.265.  OTHER RELATED USES.  (a)  The commission may, 
subject to appropriations:
		(1)  provide training in archival and records 
management principles and practices to local government officials;
		(2)  provide advanced training in the preservation of 
electronic records of historical value;
		(3)  provide funding for other projects determined by 
the commission to be of benefit in the preservation of historical 
government records; and
		(4)  pay for personnel and administrative expenses 
incurred by the commission associated with grants, programs, and 
other activities under this subchapter.
	(b)  The commission may determine the amount to be used for 
programs and activities under this section, subject to 
appropriations.
	Sec. 441.266.  ADVISORY COMMITTEES. The local government 
records committee established under Section 441.161, and the Texas 
Historical Records Advisory Board established under Section 
441.242, shall advise the commission in its adoption of rules under 
Sections 441.262 and 441.264.
	SECTION 2.  Section 441.157, Government Code, is repealed.                     
	SECTION 3.  This Act takes effect September 1, 2005.