By: Shapleigh S.B. No. 1270
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the online availability of state agency reports
  required by law.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subdivision (4), Section 441.101, Government
  Code, is amended to read as follows:
               (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, except the term does include information
  that is required by law to be distributed to the legislature or to
  the presiding officers of the legislature; or
                           (iii)  members of the public under a request
  made under the open records law, Chapter 552.
         SECTION 2.  Section 441.103, Government Code, is amended by
  amending Subsections (c) and (g) and adding Subsection (h) to read
  as follows:
         (c)  On the release of a state publication in an electronic
  format and for the purpose of further distribution of the
  publication, a state agency shall provide the Texas State Library:
               (1)  on-line access to the publication; [or]
               (2)  copies of the publication on an electronic
  [external] storage device in the number of copies prescribed by the
  commission but not to exceed 75; or
               (3)  a copy of the publication in an electronic format
  consistent with Section 2052.0021(c) if the publication is a report
  required by law.
         (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, except that the state agency shall provide
  reports required by law in an electronic format consistent with
  Section 2052.0021(c). The commission may not require more than 75
  printed copies of the publication.
         (h)  A state agency shall make available to the commission in
  an electronic format consistent with Section 2052.0021(c) each
  report required by law.
         SECTION 3.  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, retain, and provide access to
  state publications;
               (2)  collect state publications and distribute them to
  depository libraries;
               (3)  establish a program for the preservation and
  management of state publications and make available state
  publications in alternative formats 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 and make the index available through the
  Internet; [and]
               (8)  provide other depository libraries appropriate
  access, at no charge, to state publications available in an
  electronic format; and
               (9)  establish and maintain an index of all current
  state agency reports required by law and provide electronic access
  to both the index and the text of the reports through a link on the
  home page of the Texas Records and Information Locator (TRAIL)
  established under Section 441.102(c).
         SECTION 4.  Section 441.105, Government Code, is amended to
  read as follows:
         Sec. 441.105.  EXEMPT PUBLICATIONS. The state librarian may
  specifically exempt a publication or a distribution format from
  this subchapter, except the state librarian may not exempt a report
  required by law that is governed by Section 441.103(h).
         SECTION 5.  This Act takes effect January 1, 2010.