PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CHAPTER 2. GENERAL POLICIES AND PROCEDURES
SUBCHAPTER A. PRINCIPLES AND PROCEDURES OF THE COMMISSION
The Texas State Library and Archives Commission (commission) adopts amendments to 13 Texas Administrative Code §2.2, Responsibilities of the Commission and the Director and Librarian and §2.70, Vehicle Fleet Management, and new §2.77, Contract Approval Authority and Responsibilities. The commission adopts the amendments to §2.70 without changes to the proposed text as published in the March 3, 2023, issue of the Texas Register (48 TexReg 1197). This rule will not be republished. The commission adopts amendments to §2.2 and new §2.77 with changes to the proposed text as published in the March 3, 2023, issue of the Texas Register (48 TexReg 1197) and these rules will be republished.
The adopted amendment to §2.2 and adopted new §2.77 are necessary to update and streamline the commission's contract approval procedures. The amendment to §2.2(b)(3) removes the $100,000 threshold for contract approvals and adds a reference to new §2.77. New §2.77 requires the commission to approve contracts or amendments with a value, defined to mean the overall estimated dollar amount of the initial contract term plus all optional renewals and extensions, expected to exceed $1 million; amendments that result in the contract value exceeding $1 million; certain contracts related to key agency programs regardless of contract value; and any other contract deemed appropriate for commission approval as determined by the director and librarian in consultation with the commission chair. The rule delegates approval of all other contracts to the director and librarian and delegates authority to execute all contracts. Under the adopted rule, the agency will present a contract plan to the commission for information purposes each year with periodic updates by the director and librarian.
The adopted amendments to §2.70 are necessary to update a reference in the rule, remove unnecessary language, and improve readability and clarity.
Changes to §2.2 and §2.77 as proposed correct grammar and clarify the four instances when the commission will approve a contract. Proposed language in §2.77 inadvertently combined two of the subparagraphs. The adopted language separates the two scenarios into two subparagraphs as originally intended.
The commission did not receive any comments on the proposed amendments or new section.
STATUTORY AUTHORITY. The amendments and new rule are adopted under Government Code, §441.002, which authorizes the commission to assign duties to the director and librarian and which requires the commission to develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the director and librarian and staff of the commission; Government Code, §2261.254, which requires the commission to approve and sign contracts over $1 million, but authorizes the commission to delegate this authority to director and librarian or assistant state librarian; and Government Code, §2171.1045, which requires the commission to adopt rules relating to assignment and use of agency vehicles.
§2.2.Responsibilities of Commission and the Director and Librarian.
(a) General Powers and Responsibilities. The commission is a seven member citizen board appointed by the governor with the advice and consent of the senate. The commission is an agency within the executive branch, but functions independently within its statutory authority to serve the long-term public interest.
(b) Powers and Responsibilities of the Commission. The commission is responsible for establishing the policy framework through which the Texas State Library carries out its statutory responsibilities. The commission governs the library through the director and librarian. The staff of the library receive direction from the commission through the director and librarian. Specifically, the commission:
(1) adopts administrative rules that guide the staff in administering library programs;
(2) approves strategic and operating plans and requests for appropriations;
(3) approves all contracts as specified in §2.77 of this subchapter (relating to Contract Approval Authority and Responsibilities);
(4) approves all competitive grants, and all other grants of $100,000 or more, made by the library;
(5) acknowledges acceptance of gifts, grants, or donations of $500 or more that are in accord with the mission and purposes of the library;
(6) oversees operations of the library for integrity, effectiveness, and efficiency;
(7) acts as a final board of appeals for staff decisions or advisory board recommendations on grants, accreditation of libraries, certification of librarians, or other issues of concern to the public;
(8) selects the director and librarian and approves the selection of the assistant state librarian; and
(9) conducts a periodic performance review of the director and librarian.
(c) Powers and Responsibilities of the Director and Librarian. The director and librarian is responsible for the effective and efficient administration of the policies established by the commission. Specifically, the director and librarian:
(1) selects, organizes, and directs the staff of the library;
(2) establishes the operating budget for the library and allocates funds among strategies, programs, and projects within the limits of statutory authority and as set forth in the General Appropriations Acts of the legislature;
(3) approves expenditures of funds in accordance with law;
(4) represents the commission and reports on behalf of the commission to the governor, the legislature, the public, or other organized groups as required;
(5) reports in a timely manner all relevant information first to the chairman and subsequently to all members of the commission, endeavoring to report to members of the commission in such a manner that the members are equally well informed on matters that concern the commission; and
(6) delegates his/her responsibilities to the assistant state librarian or other agency staff as appropriate.
§2.77.Contract Approval Authority and Responsibilities.
(a) Purpose. The purpose of this rule is to establish the approval authority and responsibilities for executing contracts required by the agency.
(b) Applicability. This rule applies to all contracts entered into by the agency.
(c) Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates otherwise.
(1) Agency--means 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.
(2) Commission--means the seven-member governing body of the Texas State Library and Archives Commission.
(3) Contract--means a written agreement between the agency and a contractor for goods or services. As used in this section, "contract" includes the following: interagency contracts with other government entities; interlocal agreements with other government entities; and other documents in which funds or services allocated to the agency are exchanged for the delivery of other goods or services.
(4) Value--means the estimated dollar amount the agency may be obligated to pay pursuant to the contract and all executed and proposed amendments, extensions, and renewals of the contract. The agency shall base its determination of the proposed length of and compensation during the original term and renewal periods of the contract on best business practices, state fiscal standards, and applicable law, procedures, and regulations. The agency's determination of contract value reflects the definition set forth in the State of Texas Contract Management Guide as developed by the comptroller under Government Code, §2262.051.
(d) Approval Authority.
(1) Commission Approval. The director and librarian or designee shall present certain contracts to the commission for approval. The commission shall consider for approval:
(A) any contract or amendment with a value expected to exceed $1 million;
(B) any amendment to a contract that results in the contract value exceeding $1 million;
(C) any contract or amendment to a contract that relates to the TexShare Library Consortium regardless of overall contract value; and
(D) any other contract deemed appropriate for commission approval as determined by the director and librarian in consultation with the chair of the commission.
(2) Agency Approval.
(A) The commission delegates authority to the director and librarian or designee to approve all contracts not listed in paragraph (1) of this subsection;
(B) The commission delegates authority to the director and librarian or designee to approve contracts with an overall contract value that exceeds $1 million as approved by commission order; and
(C) The commission delegates authority to the director and librarian to approve a purchase request or contract listed in paragraph (1) of this subsection for an emergency as defined in 34 TAC §20.25 (relating to Definitions), or to avoid undue material additional cost to the state. The director and librarian shall report any purchase requests or contracts executed by the director and librarian under this authority to the commission chair prior to execution of any such purchase requests or contracts.
(e) Authority to Execute Contracts. The commission delegates authority to the director and librarian to execute all contracts for the agency. This authority may be delegated by the director and librarian to the assistant state librarian or other designee.
(f) Contract Planning. The agency will present to the commission for information a contract plan for the next fiscal year that outlines the agency's anticipated contracting actions that exceed $500,000. The director and librarian or designee will present updates to the contract plan to the commission for information periodically throughout the fiscal year.
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 June 5, 2023.
TRD-202302063
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Effective date: June 25, 2023
Proposal publication date: March 3, 2023
For further information, please call: (512) 463-5460
DIVISION 1. GENERAL GRANT GUIDELINES
The Texas State Library and Archives Commission (commission) adopts amendments to 13 Texas Administrative Code §2.112, Eligible and Ineligible Expenses, and §2.116, Uniform Grants Management Standards (UGMS). The commission adopts the amendments without changes to the proposed text as published in the March 3, 2023, issue of the Texas Register (48 TexReg 1199). The rules will not be republished.
The adopted amendments are necessary to bring the commission's rules up to date with current standards. The amendments to §2.116 update a reference in both the rule text and title and delete a reference to repealed rules. The amendments to §2.112 update the reference to §2.116 as amended.
The commission did not receive any comments on the proposed amendments.
STATUTORY AUTHORITY. The amendments are adopted under Government Code, §441.009, which authorizes the commission to adopt a state plan for improving library services consistent with federal goals, and, more generally, §441.006(b)(3), which authorizes the commission to accept, receive, and administer federal funds made available by grant or loan to improve the public libraries of this state.
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 June 5, 2023.
TRD-202302064
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Effective date: June 25, 2023
Proposal publication date: March 3, 2023
For further information, please call: (512) 463-5460