PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CHAPTER 3. STATE PUBLICATIONS DEPOSITORY PROGRAM
The Texas State Library and Archives Commission (commission) adopts amendments to §3.5, Standard Exemptions for State Publications in All Formats, and §3.6, Special Exemptions. The commission adopts the amendments without changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3017). The rules will not be republished.
The adopted amendments are necessary to exempt additional types of publications not appropriate for retention in the State Publications Depository Program (program). Exempting these types of publications will ensure the program includes the types of publications that document the operations of state agencies while easing state agencies' duties by reducing the number of publications they are required to submit to the program. In addition, exempting items that are not appropriate for inclusion in the program will allow the commission to maximize its use of record storage space.
The amendment to §3.5(11) adds course materials to the existing exemption for course schedules. This exemption covers university course schedules and courses offered by state agencies.
The amendment to §3.5(26) adds non-fiction university press publications not aligned with the commission's collection development policy to the list of exempted publications. One of the primary goals of the program is to capture all publications documenting the operation of a state agency. Non-fiction university press publications take up a considerable amount of space. If the commission were to accept all non-fiction publications, additional offsite storage would likely be necessary. Further, these titles are typically widely available at other libraries, particularly at the universities whose presses produce them. Exempting non-fiction university press publications that are not aligned with the commission's collection development priorities will ensure consistent application of the policy and that the program documents the university press function focusing on publications relating to Texas-related history and government.
The amendment to §3.5(37) adds a clarifying date to the exemption for rules and regulations. The new exemption will read "rules and regulations after 1976 (as compendia)." The State Law Library holds the complete collection of historic Texas Administrative Code (TAC) publications. The TAC from 1999 to present is available on the Secretary of State's website. Researching rules and regulations prior to 1976 can be more challenging as centralized resources such as the Texas Register and the TAC do not exist. Locating rules prior to 1976 may require archival research in the minutes or other records of a particular agency if published compendia are not available. If an agency did not include rule language in minutes or did not maintain or transfer records containing the text of adopted rules, there may be no other way to locate this information. For this reason, published collections of rules predating 1976 are important to the program to provide greater access to this information. However, rules and regulations after 1976 are not appropriate for the program.
The amendment to §3.5(42) adds training materials to the list of exempted publications. As with course materials, training materials that are distributed publicly do not typically document the operation of a state agency. For example, the State Bar of Texas produces course materials as part of their Continuing Legal Education programming. While these publications have historically been provided to the commission under the program, less than 1% of these publications have been requested since at least the year 2000. According to the commission's research, several other libraries maintain these materials, including the State Law Library, Legislative Reference Library, and at least five Texas law school libraries. Because these types of materials are readily available from multiple other sources and are not necessary for the program, the commission proposes to add "training materials" to the list of exempted items as §3.5(42).
Finally, amendments to §3.5 renumber the paragraphs to maintain the list in alphabetical order.
The amendments to §3.6 clarify that special exemptions are for types of publications not listed in §3.5.
The commission did not receive any comments on the proposed amendments.
STATUTORY AUTHORITY. The amendments are adopted under Government Code, §441.102, which requires the commission by rule to establish procedures for the distribution of state publications to depository libraries and for the retention of those publications; Government Code, §441.103, which requires a state agency to furnish copies of its state publications that exist in a physical format to the Texas State Library in the number specified by commission rules; Government Code, §441.104, which directs the commission to establish a program for the preservation and management of state publications; and Government Code, §441.105, which authorizes the commission to specifically exempt a publication or a distribution format from this subchapter.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 9, 2023.
TRD-202302914
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Effective date: August 29, 2023
Proposal publication date: June 16, 2023
For further information, please call: (512) 463-5460
The Texas State Library and Archives Commission (commission) adopts the repeal of 13 TAC §9.1, Definitions. The repeal is adopted without changes to the proposed text as published in the May 5, 2023, issue of the Texas Register (48 TexReg 2308). The rule will not be republished.
The repeal is necessary because the commission identified several needed amendments to update and clarify the definitions. The commission is adopting new §9.1 to reflect these amendments in a separate notice also in this issue of the Texas Register.
No comments were received regarding the proposed repeal.
STATUTORY AUTHORITY. The repeal is adopted under §441.006, which directs the commission to govern the state library; and Government Code, §2001.004, which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
CROSS REFERENCE TO STATUTE. Government Code, Chapter 441.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 9, 2023.
TRD-202302915
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Effective date: August 29, 2023
Proposal publication date: May 5, 2023
For further information, please call: (512) 463-5460
The Texas State Library and Archives Commission (commission) adopts new §9.1, Definitions and amendments to §9.2, Administration; §9.3, Eligibility; §9.4, Application for Service; §9.5, Priority Service to Veterans; §9.6, Status of Users; §9.7, Playback Equipment; §9.8, Books and Magazines; §9.9, Availability of Materials; §9.11, Misuse of Service; §9.12, Notification of Potential Suspension; §9.13, Correction of Problem; §9.14, Suspension of Service; §9.15, Reinstatement of Service; §9.16, Termination of Service; §9.17, Transfer of Service; and §9.18, Reactivation of Accounts. The new section and amendments are adopted without changes to the proposed text as published in the May 5, 2023, issue of the Texas Register (48 TexReg 2309). The rules will not be republished.
The new section and amendments are necessary to update, modernize, and clarify the rules, improve grammar and readability, and align the rules with best practices.
New §9.1 updates the overall structure of the rule and makes non-substantive grammar edits throughout. Several definitions in the new rule are essentially the same as previously defined, with the only changes being minor and non-substantive. Other changes simplify and clarify the rule language, consolidating terms when appropriate, and eliminating defined terms that are not used. Finally, some of the changes reflect language updates, including updating the name of the National Library Service for the Blind and Print Disabled.
Amendments to §9.2 update and improve the language and a citation to the United States Code provision regarding mailing free matter for blind and other handicapped persons. Amendments to §9.3 update language based on the updated definitions, delete text that is no longer necessary, and explain how an account may be maintained in good standing. Amendments to §9.4 make general language and readability improvements, update language based on the updated definitions, and delete text that is no longer necessary. Amendments to §9.5 update the section title to "Priority for Veterans" and delete language that is no longer necessary. Amendments to §9.6 update the section title to "Status of Borrowers" and delete unnecessary language. Amendments to §9.7 update language based on the updated definitions and clarify what constitutes misuse of equipment in subparagraph (a)(10). Amendments to §9.8 update language based on the updated definitions and delete duplicative language found in other sections within the chapter. Amendments to §9.9 update language based on the updated definitions. Amendments to §9.11 update language based on the updated definitions. Amendments to §9.12 update language based on the updated definitions, improve readability, and add a citation to another section within the chapter. Amendments to §9.13 make minor wording changes and update language based on the updated definitions. Amendments to §9.14 update language based on the updated definitions and improve grammar and readability. Amendments to §9.15 update language based on the updated definitions and improve readability. Amendments to §9.16 update and clarify language and clarify that a borrower who wishes to reinstate service after five years must file a new application. Amendments to §9.17 update language based on the updated definitions. Amendments to §9.18 update language based on the updated definitions and improve readability.
SUMMARY OF COMMENTS. The commission did not receive any comments on the proposed new section or proposed amendments.
STATUTORY AUTHORITY. The amendments and new rule are adopted under Government Code, §441.006, which directs the commission to govern the state library; and Government Code, §2001.004, which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 9, 2023.
TRD-202302916
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Effective date: August 29, 2023
Proposal publication date: May 5, 2023
For further information, please call: (512) 463-5460
The Texas State Library and Archives Commission (commission) adopts an amendment to §10.1, Definitions, and new §10.5, Transfer of State Agency Records to the State Archives. The commission adopts §10.1 with one correction to update the reference from subchapter to chapter. These rules will be republished. The commission adopts new rule §10.5 without changes to the proposed text as published in the June 16, 2023, issue of the Texas Register (48 TexReg 3019). These rules will not be republished.
The adopted amendment and new rule are necessary to facilitate and streamline state agency transfers of archival state records to the commission and ensure the state archivist has the information necessary to properly identify, arrange, describe, catalog, preserve, and provide access to the archival state records in accordance with state statutes. The new rule will benefit state agencies by establishing a systemic approach with key requirements clearly specified to improve state agencies' ability to verify they are transferring only those records that should be transferred to the state archives. The new rule will also ensure more efficient use of the commission's resources needed for managing the appraisal, accession, processing, and cataloging of incoming state agency records.
The amendment to §10.1 adds a definition for "state archives" to ensure clarity in new §10.5.
New §10.5 (a) restates the purpose of the new rule as authorized by statute. New §10.5(b) and (c) provide that a state agency must use the forms and procedures available on the commission's website or on request to initiate a transfer of archival state records. Subsection (b) applies to archival state records in the physical possession of the agency and subsection (c) applies to archival state records stored in the State Records Center. Both subsections clarify that submission of the forms constitutes a formal request to transfer archival state records to the state archives. New §10.5(d) requires that archival state records be appropriately identified, packaged, and transferred according to the procedures available on the commission's website. New §10.5(e) requires that all transfers be accompanied by an inventory. New §10.5(f) provides that records storage equipment received with transfers of records will be retained or disposed of at the discretion of the State Archives unless the transferring agency requests the equipment's return.
The commission did not receive any comments on the proposed amendment or new rule.
STATUTORY AUTHORITY. The amendment and new rule are adopted under Government Code, §441.190, which authorizes the commission to adopt rules establishing standards and procedures for the protection, maintenance, and storage of state records. The statute further directs the commission to pay particular attention to the maintenance and storage of archival and vital state records and authorizes the commission to adopt rules as it considers necessary to protect those records. In addition, the amendment and new rule are adopted under Government Code, §441.199, which authorizes the commission to adopt rules it determines necessary for cost reduction and efficiency of recordkeeping by state agencies and for the state's management and preservation of records.
§10.1.Definitions.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) Accession--means the formal acceptance of an item or collection into the holdings of the State Archives and generally includes a transfer of title.
(2) Agency--means the Texas State Library and Archives Commission as an agency of the state of Texas, including the staff, collections, archives, operations, programs, and property of the Texas State Library and Archives Commission.
(3) Commission--means the seven-member governing body of the Texas State Library and Archives Commission.
(4) Deaccession--means the permanent removal of an item or collection of items from the holdings of the State Archives.
(5) Disposal--means the final disposition of an item or collection of items from the State Archives which may include transfer to another repository, sale, or destruction of the item or collection.
(6) Item--means archival material, historical item, artifact, or museum piece in the custody of the State Archives, including the Sam Houston Regional Library and Research Center.
(7) Reappraisal--means the review of items that have been previously appraised, which may result in the identification of materials that no longer merit permanent preservation and that are candidates for deaccessioning.
(8) State archives--means the program of the Archives and Information Services Division of the Texas State Library and Archives Commission for the continued preservation of archival state records and historical resources.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 9, 2023.
TRD-202302913
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Effective date: August 29, 2023
Proposal publication date: June 16, 2023
For further information, please call: (512) 463-5460