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A BILL TO BE ENTITLED
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AN ACT
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relating to the online availability of state agency reports |
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required by law. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivision (4), Section 441.101, Government |
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Code, is amended to read as follows: |
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(4) "State publication": |
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(A) means information in any format, including |
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materials in a physical format or in an electronic format, that: |
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(i) is produced by the authority of or at |
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the total or partial expense of a state agency or is required to be |
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distributed under law by the agency; and |
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(ii) is publicly distributed outside the |
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agency by or for the agency; and |
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(B) does not include information the |
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distribution of which is limited to: |
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(i) contractors with or grantees of the |
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agency; |
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(ii) persons within the agency or within |
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other government agencies, except the term does include information |
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that is required by law to be distributed to the legislature or to |
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the presiding officers of the legislature; or |
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(iii) members of the public under a request |
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made under the open records law, Chapter 552. |
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SECTION 2. Section 441.103, Government Code, is amended by |
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amending Subsections (c) and (g) and adding Subsection (h) to read |
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as follows: |
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(c) On the release of a state publication in an electronic |
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format and for the purpose of further distribution of the |
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publication, a state agency shall provide the Texas State Library: |
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(1) on-line access to the publication; [or] |
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(2) copies of the publication on an electronic |
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[external] storage device in the number of copies prescribed by the |
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commission but not to exceed 75; or |
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(3) a copy of the publication in an electronic format |
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consistent with Section 2052.0021(c) if the publication is a report |
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required by law. |
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(g) If an electronic state publication is not printed or |
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available from the state agency's website, the state agency shall |
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furnish the Texas State Library copies in a manner prescribed by |
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commission rules, except that the state agency shall provide |
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reports required by law in an electronic format consistent with |
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Section 2052.0021(c). The commission may not require more than 75 |
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printed copies of the publication. |
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(h) A state agency shall make available to the commission in |
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an electronic format consistent with Section 2052.0021(c) each |
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report required by law. |
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SECTION 3. Section 441.104, Government Code, is amended to |
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read as follows: |
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Sec. 441.104. DUTIES OF TEXAS STATE LIBRARY. The Texas |
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State Library shall: |
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(1) acquire, organize, retain, and provide access to |
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state publications; |
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(2) collect state publications and distribute them to |
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depository libraries; |
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(3) establish a program for the preservation and |
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management of state publications and make available state |
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publications in alternative formats to depository libraries and |
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other libraries at a reasonable cost; |
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(4) periodically issue a list of all state |
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publications that it has received in a physical format to all |
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depository libraries and other libraries on request; |
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(5) catalog, classify, and index all state |
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publications that it receives and distribute the cataloging, |
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classification, and indexing information to depository libraries |
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and to other libraries on request; |
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(6) ensure that state publications are fully |
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represented in regional and national automated library networks; |
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(7) index all state publications that are available |
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through the Internet and make the index available through the |
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Internet; [and] |
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(8) provide other depository libraries appropriate |
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access, at no charge, to state publications available in an |
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electronic format; and |
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(9) establish and maintain an index of all current |
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state agency reports required by law and provide electronic access |
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to both the index and the text of the reports through a link on the |
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home page of the Texas Records and Information Locator (TRAIL) |
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established under Section 441.102(c). |
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SECTION 4. Section 441.105, Government Code, is amended to |
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read as follows: |
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Sec. 441.105. EXEMPT PUBLICATIONS. The state librarian may |
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specifically exempt a publication or a distribution format from |
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this subchapter, except the state librarian may not exempt a report |
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required by law that is governed by Section 441.103(h). |
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SECTION 5. This Act takes effect January 1, 2010. |