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AN ACT
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relating to the continuation and functions of the Texas State |
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Library and Archives Commission, including the custody and |
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ownership of certain state records and real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 324, Government Code, is amended by |
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adding Sections 324.0085 and 324.0086 to read as follows: |
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Sec. 324.0085. LEGISLATIVE RECORDS. (a) The library is |
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the depository for any record created or received by the office of a |
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member of the legislature or the lieutenant governor during that |
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official's term of office. |
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(b) The legislative entity that transferred records to the |
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library retains ownership and legal custody of those records, |
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including records placed in a depository outside the library. The |
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legislative entity may retrieve the records for the legislature's |
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use. The director and library employees shall assist the |
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legislative entity with retrieval of the records and shall return |
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the records to the library following the legislature's use. |
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(c) The director shall protect privileged or confidential |
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legislative records held by the library from public disclosure at |
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the direction of the legislative entity that transferred the |
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records to the library. |
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(d) The director shall receive requests under Chapter 552 |
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for legislative records held by the library and respond as directed |
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by the officer for public information of the legislative entity |
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that transferred the records to the library. The director shall |
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notify the appropriate officer for public information as soon as |
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practicable after receiving a request described by this subsection. |
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Sec. 324.0086. PLACEMENT IN OTHER DEPOSITORY. (a) A |
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member of the legislature may apply to the board to place records |
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that were created or received by the member's office during the |
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member's term in a depository other than the library. |
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(b) The board shall: |
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(1) create a list of preapproved depositories in which |
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members of the legislature may place records of their legislative |
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offices; and |
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(2) by rule adopt policies and procedures to approve |
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additional depositories. |
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(c) The director is responsible for the preservation of |
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records described by Subsection (a) placed in a depository other |
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than the library. Ownership and legal custody of the records remain |
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with the legislature as provided by Section 324.0085. The records |
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may not be intermingled with other holdings of the institution that |
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serves as a depository. |
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SECTION 2. Section 441.001(q), Government Code, is amended |
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to read as follows: |
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(q) The Texas State Library and Archives Commission is |
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subject to Chapter 325 (Texas Sunset Act). Unless continued in |
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existence as provided by that chapter, the commission is abolished |
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September 1, 2031 [2019]. |
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SECTION 3. Section 441.0011, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the law governing [legislation that created the] |
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commission operations; |
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(2) the programs, functions, rules, and budget of the |
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commission; |
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(3) the scope of and limitations on the rulemaking |
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authority of the commission; |
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(4) the results of the most recent formal audit of the |
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commission; |
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(5) [(4)] the requirements of: |
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(A) laws relating to open meetings, public |
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information, administrative procedure, and disclosing conflicts of |
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interest; and |
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(B) other laws applicable to members of a state |
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policymaking body in performing their duties; and |
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(6) [(5)] any applicable ethics policies adopted by |
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the commission or the Texas Ethics Commission. |
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(d) The director and librarian shall create a training |
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manual that includes the information required by Subsection (b). |
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The director and librarian shall distribute a copy of the training |
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manual annually to each member of the commission. Each member of |
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the commission shall sign and submit to the director and librarian a |
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statement acknowledging that the member received and has reviewed |
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the training manual. |
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SECTION 4. Section 441.006(b), Government Code, is amended |
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to read as follows: |
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(b) The commission may: |
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(1) purchase, as state property, any suitable book, |
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picture, or similar item, within the limits of the annual |
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legislative appropriation; |
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(2) receive a donation or gift of money, property, or |
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services on any terms and conditions it considers proper as long as |
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the state does not incur financial liability; |
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(3) accept, receive, and administer federal funds made |
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available by grant or loan to improve the public libraries of this |
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state; |
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(4) contract or agree with the governing body or head |
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of a county, city, or town of this state to meet the terms |
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prescribed by the United States and consistent with state law for |
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the expenditure of federal funds for improving public libraries; |
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[and] |
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(5) participate in the establishment and operation of |
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an affiliated nonprofit organization whose purpose is to raise |
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funds for or provide services or other benefits to the commission; |
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and |
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(6) use general revenue, grants, donations, gifts, |
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and, if authorized by federal law, federal funds to advertise and |
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promote commission programs and increase participation in and |
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awareness of those programs. |
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SECTION 5. Subchapter A, Chapter 441, Government Code, is |
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amended by adding Section 441.0065 to read as follows: |
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Sec. 441.0065. ADVISORY COMMITTEES. (a) The commission |
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may establish an advisory committee to make recommendations to the |
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commission on programs, rules, and policies affecting the delivery |
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of information services in the state. |
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(b) In establishing an advisory committee under this |
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section, the commission shall adopt rules regarding: |
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(1) the purpose, role, responsibility, and goals of |
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the committee; |
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(2) the size and quorum requirement of the committee; |
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(3) qualifications for committee membership; |
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(4) appointment procedures for members; |
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(5) terms of service for members; |
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(6) training requirements for members; |
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(7) a periodic review process to evaluate the |
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continuing need for the committee; and |
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(8) a requirement that committee meetings be open to |
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the public. |
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SECTION 6. Sections 441.0945(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) A county record may be destroyed if the record is listed |
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on a valid [the] records schedule and implementation plan [accepted
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for filing by the director and librarian] and either its retention |
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period has expired or it has been microfilmed or stored |
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electronically in accordance with applicable law. |
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(b) The retention period of a record as listed on [director
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and librarian or a person on the staff of the director and librarian
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may reject] the records schedule and implementation plan must be at |
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least as long as [for a record if the retention period of the record
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as listed on the plan is less than] the retention period for the |
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record established on a records retention schedule issued by the |
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commission [by the county records manual. If the plan is rejected,
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the director and librarian or staff person shall file with the
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custodian the rejected schedule and a statement of the reasons for
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rejection not later than the 30th day after the date the director
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and librarian or staff person received the records schedule and
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implementation plan. If a schedule is rejected under this
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subsection, the custodian may submit an amended schedule]. |
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SECTION 7. Sections 441.095(d) and (e), Government Code, |
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are amended to read as follows: |
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(d) A custodian may dispose of a county record that is not |
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listed on a records retention schedule issued by the commission if, |
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not [Not] later than the 10th day before the date the [a] record is |
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destroyed, the custodian files and records [shall file and record] |
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a notice with the county clerk. The notice must indicate the record |
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to be destroyed, how it is to be destroyed, and the date of its |
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destruction. On the day the notice is filed, the county clerk shall |
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post a copy of it in the same manner that a notice of a meeting is |
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posted under Chapter 551. |
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(e) The custodian may destroy the record at any time after |
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[the director and librarian has approved the destruction and] the |
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notice required by Subsection (d) has been posted for 10 days by the |
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county clerk. |
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SECTION 8. Section 441.153, Government Code, is amended by |
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amending Subsection (f) and adding Subsection (g) to read as |
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follows: |
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(f) Except as otherwise provided by Subsection (g), title |
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[Title] to historical resources placed in a depository by the |
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commission remains with the commission, and the historical |
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resources may not be intermingled with other holdings of the |
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institution that serves as a depository. |
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(g) A depository may apply to the commission to transfer to |
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the depository title to local historical resources placed in the |
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depository by the commission. The commission shall approve the |
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application only if the transfer of title is in the state's best |
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interest. The commission, in consultation with depositories, shall |
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adopt rules providing an application procedure and standards for |
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evaluating applications to transfer title to local historical |
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resources to depositories. This subsection does not authorize the |
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commission to transfer title to state historical resources. |
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SECTION 9. Section 441.167, Government Code, is amended to |
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read as follows: |
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Sec. 441.167. ASSISTANCE [STATUTORY FILING] AND |
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INFORMATION [REVIEW]. The director and librarian may designate |
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employees of the commission to provide assistance and information |
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to local governments on records management issues under [act as
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deputies in the approval or disapproval or acceptance or rejection
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for filing of any records control schedule, destruction
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authorization request, electronic storage authorization request,
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or other statutory filing required by] Subtitle C, Title 6, Local |
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Government Code, or rules adopted under it. |
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SECTION 10. Subchapter J, Chapter 441, Government Code, is |
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amended by adding Section 441.169 to read as follows: |
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Sec. 441.169. DUTIES OF LOCAL GOVERNMENTS. Each local |
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government shall: |
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(1) submit to the director and librarian the name of |
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the local government's records management officer identified under |
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Section 203.001, Local Government Code, or designated under Section |
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203.025, Local Government Code, and the name of the new officer in |
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the event of a change; |
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(2) file a plan or an ordinance or order establishing a |
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records management program and any amendments to the plan or |
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ordinance or order with the director and librarian as required by |
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Sections 203.005 and 203.026, Local Government Code; |
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(3) notify the commission at least 10 days before |
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destroying a local government record that does not appear on a |
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records retention schedule issued by the commission; and |
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(4) file with the director and librarian a written |
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certification as provided by Section 203.041, Local Government |
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Code, that the local government has prepared a records control |
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schedule that: |
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(A) establishes a retention period for each local |
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government record as required by Subchapter C, Chapter 203, Local |
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Government Code; and |
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(B) complies with a local government records |
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retention schedule distributed by the director and librarian under |
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Section 441.158 and any other state and federal requirements. |
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SECTION 11. Section 441.180, Government Code, is amended by |
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adding Subdivision (6-a) and amending Subdivisions (9) and (11) to |
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read as follows: |
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(6-a) "Legislative record" means any record created or |
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received by the office of a member of the legislature or the |
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lieutenant governor during the official's term of office. |
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(9) "State agency" means: |
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(A) any department, commission, board, office, |
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or other agency in the executive, legislative, or judicial branch |
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of state government created by the constitution or a statute of this |
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state and includes[, including] an eleemosynary institution but |
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does not include the office of a member of the legislature or the |
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lieutenant governor; |
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(B) any university system and its components and |
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any institution of higher education as defined by Section 61.003, |
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Education Code, except a public junior college, not governed by a |
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university system board; |
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(C) the Texas Municipal Retirement System and the |
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Texas County and District Retirement System; and |
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(D) any public nonprofit corporation created by |
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the legislature whose responsibilities and authority are not |
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limited to a geographical area less than that of the state. |
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(11) "State record" means any written, photographic, |
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machine-readable, or other recorded information created or |
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received by or on behalf of a state agency or an elected state |
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official that documents activities in the conduct of state business |
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or use of public resources. The term includes any recorded |
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information created or received by a Texas government official in |
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the conduct of official business, including officials from periods |
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in which Texas was a province, colony, republic, or state. The term |
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does not include: |
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(A) library or museum material made or acquired |
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and maintained solely for reference or exhibition purposes; |
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(B) an extra copy of recorded information |
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maintained only for reference; [or] |
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(C) a stock of publications or blank forms; or |
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(D) a legislative record. |
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SECTION 12. Subchapter L, Chapter 441, Government Code, is |
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amended by adding Sections 441.1815, 441.1935, and 441.1965 to read |
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as follows: |
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Sec. 441.1815. STATE ARCHIVES STRATEGIC PLAN. The |
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commission, with input from interested persons, shall develop and |
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implement a comprehensive strategic plan regarding the state |
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archives. The commission shall update the strategic plan at least |
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once every five years. The strategic plan must include: |
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(1) an assessment of any current archives backlog; |
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(2) a prioritized list of projects and goals related |
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to the state archives; |
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(3) an evaluation of the resources needed to achieve |
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the commission's goals related to the state archives, including the |
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impact that different amounts of those resources are expected to |
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have on the commission's ability to achieve those goals; |
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(4) performance measures, targets, and timeframes for |
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achieving the commission's goals related to the state archives; |
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(5) a mechanism for regular reporting to the |
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commission on progress toward achieving the commission's goals |
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related to the state archives; and |
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(6) opportunities and standards for entering into |
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collaborative agreements with interested persons regarding the |
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state archives. |
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Sec. 441.1935. REQUIREMENTS FOR REQUESTS FOR INFORMATION |
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HELD BY STATE ARCHIVES PROGRAM. (a) The commission shall |
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promulgate a form that persons must use to request access to |
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information held by the state archives program. The form must allow |
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the requestor to designate the request either as a request for |
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public information made under Chapter 552 or as a research request |
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not subject to the requirements of that chapter. The form must |
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include: |
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(1) a plain-language explanation of the difference |
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between a request for public information made under Chapter 552 and |
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a research request not subject to the requirements of that chapter; |
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(2) the requirements for making and responding to each |
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type of request; and |
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(3) an option for the requestor to change the type of |
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request at any time. |
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(b) Notwithstanding any other law, a request for |
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information held by the state archives program is considered to be a |
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request for public information under Chapter 552 only if the |
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requestor makes the request using the form described by Subsection |
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(a) and on the form designates the request as a request for public |
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information under Chapter 552. |
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Sec. 441.1965. SALE OF REPLICAS FROM STATE ARCHIVES. (a) |
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The commission may sell replicas of archival state records and |
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other historical resources in its custody subject to the approval |
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of the commission. |
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(b) Money received from the sale of replicas under |
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Subsection (a) shall be deposited to the credit of a dedicated |
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account in the general revenue fund and may be appropriated only to |
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the commission for the purposes of preservation, digitization, |
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archives information services, and education. |
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SECTION 13. Section 202.001(a), Local Government Code, is |
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amended to read as follows: |
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(a) A local government record may be destroyed if: |
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(1) the record is listed on a valid records control |
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schedule [accepted for filing by the director and librarian as
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provided by Section 203.041] and either its retention period has |
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expired or it has been microfilmed or stored electronically in |
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accordance with the requirements of Chapters 204 and 205; |
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(2) the record appears on a list of obsolete records |
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[approved by the director and librarian] as provided by Section |
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203.044; or |
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(3) the [a destruction request is filed with and
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approved by the director and librarian as provided by Section
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203.045 for a] record is not listed on a records retention [an
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approved control] schedule issued by the commission and the local |
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government provides notice to the commission at least 10 days |
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before destroying the record as required by Section 441.169, |
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Government Code. |
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SECTION 14. Section 203.002, Local Government Code, is |
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amended to read as follows: |
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Sec. 203.002. DUTIES AND RESPONSIBILITIES OF ELECTED COUNTY |
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OFFICERS AS RECORDS MANAGEMENT OFFICERS. The elected county |
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officer shall: |
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(1) develop policies and procedures for the |
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administration of an active and continuing records management |
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program; |
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(2) administer the records management program so as to |
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reduce the costs and improve the efficiency of recordkeeping; |
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(3) [prepare and file with the director and librarian
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the records control schedules and amended schedules required by
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Section 203.041 and the list of obsolete records as provided by
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Section 203.044;
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[(4)
prepare requests for authorization to destroy
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records not on an approved control schedule as provided by Section
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203.045, requests to destroy the originals of permanent records
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that have been microfilmed as provided by Section 204.008, and
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electronic storage authorization requests as provided by Section
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205.007;
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[(5)] identify and take adequate steps to preserve |
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records that are of permanent value; |
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(4) [(6)] identify and take adequate steps to protect |
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the essential records of the office; |
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(5) [(7)] ensure that the maintenance, preservation, |
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microfilming, destruction, or other disposition of records is |
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carried out in accordance with the policies and procedures of the |
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records management program and the requirements of this subtitle |
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and rules adopted under it; and |
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(6) [(8)] cooperate with the commission in its conduct |
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of statewide records management surveys. |
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SECTION 15. Section 203.023, Local Government Code, is |
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amended to read as follows: |
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Sec. 203.023. DUTIES OF RECORDS MANAGEMENT OFFICER. The |
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records management officer in each local government shall: |
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(1) assist in establishing and developing policies and |
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procedures for a records management program for the local |
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government; |
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(2) administer the records management program and |
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provide assistance to custodians for the purposes of reducing the |
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costs and improving the efficiency of recordkeeping; |
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(3) in cooperation with the custodians of the |
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records,[:
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[(A)] prepare [and file with the director and
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librarian] the records control schedules and amended schedules |
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required by Section 203.041 and the list of obsolete records as |
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provided by Section 203.044[; and
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[(B)
prepare or direct the preparation of
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requests for authorization to destroy records not on an approved
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control schedule as provided by Section 203.045, of requests to
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destroy the originals of permanent records that have been
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microfilmed as provided by Section 204.008, and of electronic
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storage authorization requests as provided by Section 205.007]; |
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(4) in cooperation with custodians, identify and take |
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adequate steps to preserve local government records that are of |
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permanent value; |
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(5) in cooperation with custodians, identify and take |
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adequate steps to protect essential local government records; |
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(6) in cooperation with custodians, ensure that the |
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maintenance, preservation, microfilming, destruction, or other |
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disposition of records is carried out in accordance with the |
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policies and procedures of the local government's records |
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management program and the requirements of this subtitle and rules |
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adopted under it; |
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(7) disseminate to the governing body and custodians |
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information concerning state laws, administrative rules, and the |
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policies of the government relating to local government records; |
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and |
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(8) in cooperation with custodians, establish |
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procedures to ensure that the handling of records in any context of |
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the records management program by the records management officer or |
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those under the officer's authority is carried out with due regard |
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for: |
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(A) the duties and responsibilities of |
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custodians that may be imposed by law; and |
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(B) the confidentiality of information in |
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records to which access is restricted by law. |
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SECTION 16. The heading to Section 203.041, Local |
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Government Code, is amended to read as follows: |
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Sec. 203.041. PREPARATION [AND FILING] OF RECORDS CONTROL |
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SCHEDULES. |
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SECTION 17. Sections 203.041(a), (d), (f), and (g), Local |
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Government Code, are amended to read as follows: |
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(a) On or before January 4, 1999, the records management |
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officer shall [prepare and file with the director and librarian]: |
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(1) prepare a records control schedule listing the |
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following records and establishing a retention period for each as |
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provided by Section 203.042: |
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(A) all records created or received by the local |
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government or elective county office; |
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(B) any record no longer created or received by |
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the local government or elective county office that is still in its |
|
possession and for which the retention period on a records |
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retention schedule issued by the commission has not expired; and |
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(C) any record no longer created or received by |
|
the local government or elective county office that is still in its |
|
possession and for which the retention period on a records |
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retention schedule issued by the commission has expired but which |
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will not be destroyed as provided by Section 203.044; and [or] |
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(2) [the records management officer, in lieu of filing
|
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a records control schedule, may] file with the director and |
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librarian a written certification of compliance that the local |
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government or the elective county office has adopted records |
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control schedules that comply with the minimum requirements |
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established on records retention schedules issued by the |
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commission. |
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(d) The records management officer shall review the records |
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control schedules of the local government or elective county office |
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and prepare amendments to the schedules as needed to reflect new |
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records created or received by the government or office or |
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revisions to retention periods established in a records retention |
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schedule issued by the commission. The records management officer |
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shall file with the director and librarian a written certification |
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of compliance that the local government or the elective county |
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office has amended the records control schedules to comply with the |
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minimum requirements established on records retention schedules |
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issued by the commission [Amendments to records control schedules
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shall be filed with the director and librarian in the same manner as
|
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the original schedules]. |
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(f) Records control schedules may be prepared [filed] on an |
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office-by-office basis or on a department-by-department basis |
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within each office. |
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(g) A local government that intends to retain all records |
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permanently or that destroys only those records for which no |
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retention periods have been established in a records retention |
|
schedule established under Section 441.158, Government Code, is not |
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required to prepare [submit] a records control schedule under this |
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section. |
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SECTION 18. Section 204.007(a), Local Government Code, is |
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amended to read as follows: |
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(a) The [Except as provided by Section 204.008, the] |
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original of a record that has been microfilmed pursuant to this |
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chapter and rules adopted under it may be destroyed before the |
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expiration of its retention period on a records retention schedule |
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issued by the commission. |
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SECTION 19. Sections 205.008(a) and (c), Local Government |
|
Code, are amended to read as follows: |
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(a) The source document, if any, for electronically stored |
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local government record data covered by rules adopted under Section |
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205.003(a) [205.007(a)] may be destroyed or returned to the person |
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who filed it for record [if the electronic storage authorization
|
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request is approved]. |
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(c) The source document, if any, for electronically stored |
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local government record data not covered by rules adopted under |
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Section 205.003(a) [205.007(a)] may be destroyed before the |
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expiration of the retention period for the source document in a |
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records retention schedule issued by the commission if the magnetic |
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tape, optical disk, or similar medium and hardware and software |
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necessary to provide access to local government record data on the |
|
media are retained for the retention period in the schedule. |
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Conversely, the magnetic tape, optical disk, or similar medium may |
|
be erased, written over, or destroyed before the expiration of the |
|
retention period for a source document for local government record |
|
data not covered by rules adopted under Section 205.003(a) |
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[205.007(a)], if the source document, if any, is retained until the |
|
expiration of its retention period or, if the source document has |
|
already been destroyed, paper or microfilm copies are generated |
|
from the magnetic tape, optical disk, or similar medium before |
|
destruction or erasure and retained until the expiration of the |
|
retention period for the source document. |
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SECTION 20. (a) The following provisions of the Government |
|
Code are repealed: |
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(1) Section 441.094(e); |
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(2) Section 441.0945(c); and |
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(3) Sections 441.095(a), (b), and (c). |
|
(b) The following provisions of the Local Government Code |
|
are repealed: |
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(1) Sections 203.041(c) and (h); |
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(2) Section 203.042(c); |
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(3) Section 203.043; |
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(4) Sections 203.044(c) and (d); and |
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(5) Sections 203.045, 204.008, and 205.007. |
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SECTION 21. (a) Except as provided by Subsection (b) of |
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this section, Section 441.0011, Government Code, as amended by this |
|
Act, applies to a member of the Texas State Library and Archives |
|
Commission who is appointed before, on, or after the effective date |
|
of this Act. |
|
(b) A member of the Texas State Library and Archives |
|
Commission who, before the effective date of this Act, completed |
|
the training program required by Section 441.0011, Government Code, |
|
as that law existed before the effective date of this Act, is only |
|
required to complete additional training on the subjects added by |
|
this Act to the training program required by Section 441.0011, |
|
Government Code. A commission member described by this subsection |
|
may not vote, deliberate, or be counted as a member in attendance at |
|
a meeting of the commission held on or after December 1, 2019, until |
|
the member completes the additional training. |
|
(c) Not later than March 1, 2020, the Texas State Library |
|
and Archives Commission shall promulgate a form as required by |
|
Section 441.1935, Government Code, as added by this Act. |
|
(d) Not later than September 1, 2020, the Texas State |
|
Library and Archives Commission shall: |
|
(1) adopt rules providing an application process and |
|
standards for transfer of title to local historical resources under |
|
Section 441.153(g), Government Code, as added by this Act; and |
|
(2) develop a strategic plan for the state archives |
|
program as required by Section 441.1815, Government Code, as added |
|
by this Act. |
|
(e) Not later than September 1, 2020: |
|
(1) the Texas State Library and Archives Commission |
|
shall transfer custody and ownership of all legislative records, as |
|
defined by Section 441.180(6-a), Government Code, as added by this |
|
Act, to the Legislative Reference Library; and |
|
(2) the Legislative Library Board shall create a list |
|
of preapproved depositories and adopt rules as required by Section |
|
324.0086(b), Government Code, as added by this Act. |
|
SECTION 22. |
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(a) Subject to Subsection (b) of this section, |
|
as soon as practicable after the effective date of this Act, the |
|
General Land Office on behalf of the State of Texas shall grant to |
|
the City of Austin, by an appropriate instrument of conveyance, a |
|
permanent easement in the property owned by the State of Texas and |
|
described by Subsection (d) of this section. |
|
(b) Consideration for the easement to be granted under |
|
Subsection (a) of this section is the requirement that the City of |
|
Austin use the easement primarily to promote a public purpose of the |
|
state by using the easement primarily as a sidewalk, trail, and |
|
recreation easement and thereby promoting public health and general |
|
welfare and providing recreation, beautification, and civic |
|
improvement. The easement automatically terminates if the City of |
|
Austin: |
|
(1) uses the easement in a manner that fails to promote |
|
a public purpose of the state described by this subsection of this |
|
section; or |
|
(2) sells or transfers all or any part of the easement. |
|
(c) The City of Austin shall reimburse the General Land |
|
Office for the expenses incurred by the General Land Office in |
|
connection with granting the easement under this section of this |
|
Act. |
|
(d) The easement referred to in this section is in the |
|
property described as follows: |
|
DESCRIPTION OF A 0.667 OF ONE ACRE TRACT OF LAND |
|
LOCATED IN THE GEORGE W. SPEAR SURVEY, ABSTRACT |
|
NO. 697, TRAVIS COUNTY, TEXAS, BEING A PORTION OF THAT |
|
TRACT OF LAND CONVEYED TO S. ROSS, GOVERNOR OF THE |
|
STATE OF TEXAS AND HIS SUCCESSORS IN OFFICE FOR THE USE |
|
AND BENEFIT OF THE STATE OF TEXAS AS RECORDED IN VOLUME |
|
76, PAGE 225, OF THE DEED RECORDS OF TRAVIS COUNTY, |
|
TEXAS; SAID TRACT OF LAND BEING MORE PARTICULARLY |
|
DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING, at a 60d nail found in the north line of that 1.51 acre |
|
tract of land conveyed to the City of Austin in a Gift Deed Of Land |
|
recorded in Volume 5154, Page 2230, of said Deed Records, same being |
|
a corner in the easterly line of THE GROVE AT SHOAL CREEK, according |
|
to the map or plat thereof recorded in Document No. 201800146, of |
|
the Official Public Records of said County, and the northwest |
|
corner of the herein described tract, from which a 1/2 inch iron rod |
|
found for the northwest corner of said 1.51 acre tract, bears North |
|
62°26'39" West, a distance of 41.93 feet; |
|
THENCE, North 01°22'52" East (bearing basis), with said easterly |
|
line of THE GROVE AT SHOAL CREEK, a distance of 151.80 feet to the |
|
northwest corner of the herein described tract, from which a, X mark |
|
in rock found for a corner in said easterly line bears, North |
|
01°22'52" East, a distance of 362.51 feet; |
|
THENCE, departing said easterly line and over and across said State |
|
of Texas tract the following four (4) courses and distances: |
|
1. South 85°36'10" East,, a distance of 130.18 feet; |
|
2. South 01°22'52" West, a distance of 149.86 feet to the to |
|
the beginning of a curve to the left; |
|
3. With said curve to the left, having a radius of 50.00 |
|
feet, an arc length of 55.70 feet, a delta angle of 63°49'31", and a |
|
chord which bears South 30°31'53 East, a distance of 52.86 feet to |
|
the end of said curve; |
|
4. South 62°26'39" East, a distance of 191.49 feet to the |
|
northeast corner of the herein described tract, being in the |
|
curving west right-of-way line of Shoal Creek Boulevard (80' |
|
right-of-way - no dedication found), from which a 1/2 inch iron rod |
|
found for the common west corner of Lot 1 and Lot 2, SHOAL CREEK |
|
VILLAGE, according to the map or plat thereof recorded in Volume 97, |
|
Page 35, of said Plat Records, bears South 83°30'05' East a distance |
|
of 84.97 feet; |
|
THENCE, with said west right-of-way line and with said non-tangent |
|
curve to the left, having a radius of 318.41 feet, an arc length of |
|
25.15 feet, a delta angle of 04°31'32", and a chord which bears South |
|
21°25'26" West, a distance of 25.14 feet to the southeast corner of |
|
the herein described tract, same being the northeast corner of Lot |
|
5, SHOAL COURTS, according to the map or plat thereof recorded in |
|
Volume 6, Page 280, of said Plat Records; |
|
THENCE, North 62°26'39" West, with the north line of said Lot 5, |
|
passing a 1/2 inch iron rod found in a concrete retaining wall for |
|
the northwest corner of said Lot 5 and the northeast corner of said |
|
1.51 acre tract at a distance of 155.49 (record 155.75) feet and |
|
continuing for a total distance of 357.88 feet the POINT OF |
|
BEGINNING containing 0.667 of one acre of land within these metes |
|
and bounds. |
|
Subject tract described herein is an easement. No monumentation set |
|
for corners. |
|
Bearing Basis: Easterly line of said THE GROVE AT SHOAL CREEK. North |
|
01°22'52" East |
|
SECTION 23. This Act takes effect September 1, 2019. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 1962 was passed by the House on April |
|
10, 2019, by the following vote: Yeas 144, Nays 3, 1 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 1962 on May 24, 2019, by the following vote: Yeas 138, Nays 2, |
|
2 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 1962 was passed by the Senate, with |
|
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays |
|
0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |