PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CHAPTER 2. GENERAL POLICIES AND PROCEDURES
The Texas State Library and Archives Commission (commission) adopts
amendments to §§2.1, Definitions; 2.2, Responsibilities
of Commission and the Director and Librarian; 2.3, Procedures of Commission;
2.5, Advisory Committees; General Requirements; 2.7, Library Systems
Act Advisory Board (LSA Board); 2.8, Texas Historical Records Advisory
Board (THRAB); 2.9, TexShare Library Consortium Advisory Board (TexShare
Advisory Board); 2.46, Negotiated Rulemaking; 2.48, Petition for Adoption
of Rules; 2.53, Service Complaints; 2.55, Protest Procedure; 2.56,
Training and Education of Staff; 2.60, Friends Groups; 2.70, Vehicle
Fleet Management; 2.77, Contract Approval Authority and Responsibilities;
2.111, General Selection Criteria; 2.112, Eligible and Ineligible
Expenses; 2.113, Peer Review; 2.114, Funding Decisions; and 2.120,
Applicant Eligibility; and new §§2.54, HUB Program; 2.110
Scope of Subchapter and Standards; and 2.115, Grant Recommendation
and Award Process. The amendments and new sections are adopted without
changes to the proposed text as published in the November 24, 2023,
issue of the
The amendments and
new sections were identified as necessary following the commission's
recent quadrennial review of the rules as required by Government Code, §2001.039.
In general, the changes update, modernize, and clarify the rules,
improve grammar and readability, conform the language to
Explanation of Adopted Amendments and New Sections
Amendments to §2.1 modify the definition of "commission" to mean the seven-member governing body of the Texas State Library and Archives Commission and add a definition of "agency" to mean 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.
Amendments to §§2.2, 2.3, 2.5, 2.46, 2.48, 2.55, 2.56, 2.60, 2.70, and 2.77 change "commission" to "agency," "chairman" to "chair," and "vice chairman" to "vice-chair" as necessary. Additional amendments to these sections delete unnecessary language and improve existing language. An amendment to §2.5 also updates language regarding reporting by advisory committees to the commission and the commission's evaluation of advisory committees. An amendment to §2.53 updates and simplifies the agency's process for receiving, reviewing, and responding to complaints. An amendment to §2.56 changes the person responsible for approving employee training to the director and librarian or designee.
Amendments to §§2.7, 2.8, and 2.9 continue the commission's advisory committees for another four years.
Amendments to §2.111 make minor wording improvements to the section.
Amendments to §2.112 update the list of items that are generally ineligible for funding through competitive grants to mirror the requirements as stated in TSLAC's Notices of Funding Opportunities, which are written in compliance with federal and state guidelines. An additional amendment updates a citation.
Amendments to §2.113 change the title of the section to Selection Process and fold in the requirements of previous §2.117 (relating to Grant Review and Award Process) to the amended rule. Additional amendments update and clarify the language. As amended, §2.113 outlines TSLAC staff's review of grant applications and the process for staff in working with grant applicants on their applications; authorizes and explains the process for peer review panels; and outlines the process for the scoring of applications.
Amendments to §2.114 make minor language updates and move the language previously codified at §2.115 (relating to Awarding of Grants) to new subsection (e).
Amendments to §2.120 make a minor wording update.
New §2.54 updates the commission's HUB Program rule to reference the correct citations. New §2.110 updates the chapter's scope to establish guidelines applicable to the awarding of grants and other rules necessary to the administration of TSLAC's grant programs. An amendment to this section also adopts the Uniform Grant Management Standards and the Texas Grant Management Standards as published by the Texas Comptroller of Public Accounts. This provision was previously a stand-alone section, §2.116 (relating to Texas Grant Management Standards). New §2.115 is titled Grant Recommendation and Award Process and consists of the language formerly codified at §2.118 (relating to Decision Making Process).
SUMMARY OF COMMENTS. The commission received comments from one individual on the proposed amendments and new sections.
COMMENT. The individual commented that §2.2(b)(7) does not appear to be functioning as written, noting her recent experience requesting an appeal to the commission.
RESPONSE. The commission acknowledges the comment and understands that the commenter disagrees with the actions taken by the agency in response to her complaint. However, the commission disagrees that §2.2(b)(7) does not function as written and declines to make a change to this section. Under Government Code, §441.002, the director and librarian is the executive and administrative officer of the commission and shall discharge the administrative and executive functions of the commission. The fact that the commenter disagrees with how a complaint was handled does not provide justification to change a rule regarding the commission's role as a final board of appeals for certain matters.
COMMENT. The individual commented in relation to §2.3, Procedures of the Commission, that transparency regarding the work of the commission would be greatly increased, as would the ability for individuals to participate publicly, if the commission and committee meetings were routinely published on the agency's website. The individual also suggested that recordings be made of advisory committee meetings, noting that minutes are the "lowest possible bar allowed by law" and suggesting in relation to §2.5, Advisory Committees; General Requirements, that the commission consider the recent adoption of House Bill 4611, 88th Legislature, Regular Session (2023) (HB 4611).
RESPONSE. The commission acknowledges the comment and notes that all commission and committee meetings are posted with the Secretary of State in compliance with Government Code, Chapter 551, Subchapter C and on the agency's website. Commission meeting agendas are also posted on the agency's website. In addition, though not required, the commission routinely allows participation in commission and committee meetings by videoconference, which increases public participation. The commission keeps minutes of its open meetings in compliance with Government Code, §551.021, which requires a governmental body to prepare and keep minutes or make a recording of each open meeting of the body. Government Code, §551.022 provides that the minutes and recordings of an open meeting are public records and shall be available for public inspection and copying on request to the governmental body's chief administrative officer or the officer's designee. After a meeting, any member of the public may request recordings and other records related to commission meetings under the Public Information Act. Finally, Government Code, Chapter 522, as added by HB 4611 applies to the Texas Health and Human Services Commission. Therefore, the commission declines to make a change in response to this comment.
COMMENT. The individual commented in relation to §2.53, Service Complaints, that the complaint system is not functioning according to the state law regarding customer service in the Compact with Texans. The commenter also noted that a review of the complaint process and maintenance of the complaint record should be codified, as only two complaints since 2012 were returned when she made a Public Information Act request, indicating to the commenter that retention of complaint records is not being undertaken.
RESPONSE. The commission disagrees with the comment for several reasons. The Compact with Texans is established in Government Code, §2114.006, which requires each state agency to create a "Compact with Texans" that must be approved by the Governor's Office of Budget and Planning and the Legislative Budget Board. The statute requires each Compact with Texans to set customer service standards and describe customer service principles for the agency that address the following:
1. The agency's procedures for responding to public contacts and complaints;
2. Applicable licensing and certification procedures; and
3. Customer waiting time for access and service delivery and responses to complaints.
The commission's approved Compact with Texans, published on the agency's website at https://www.tsl.texas.gov/customer/compact, outlines procedures for responding to complaints and a timeframe for responding to complaints. Regarding the commenter's allegation that the commission is not retaining records related to complaints, the commission notes that a lack of records is not an indication that records are not being maintained but rather an indication that the commission has not received many complaints from the public. The commission declines to make a change in response to this comment.
SUBCHAPTER A. PRINCIPLES AND PROCEDURES OF THE COMMISSION
13 TAC §§2.1 - 2.3, 2.5, 2.7 - 2.9, 2.46, 2.48, 2.53 - 2.56, 2.60, 2.70, 2.77
STATUTORY AUTHORITY. The amendments and new rules are adopted under 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; Government Code, §441.006, General Powers and Duties, which directs the commission to govern the state library; and Government Code, §441.0065, Advisory Committees, which directs the commission to adopt rules regarding advisory committees.
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 February 21, 2024.
TRD-202400758
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Effective date: March 12, 2024
Proposal publication date: November 24, 2023
For further information, please call: (512) 463-5460
DIVISION 1. GENERAL GRANT GUIDELINES
STATUTORY AUTHORITY. The amendments and new rules are adopted under 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; §441.0091, Grant Program for Local Libraries, which authorizes the commission to adopt by rule guidelines for awarding grants; §441.135, Grants, which directs the commission to adopt by rule the guidelines for awarding grants; and §441.136, Rules, which directs the commission to adopt rules necessary to the administration of the program of state grants.
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 February 21, 2024.
TRD-202400759
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Effective date: March 12, 2024
Proposal publication date: November 24, 2023
For further information, please call: (512) 463-5460
The Texas State Library and Archives Commission (commission) adopts the repeal of §§2.4, Principles; 2.10, Dual Office Holding; 2.58, Use of Technology; 2.54, Bid Procedures and HUB Program; 2.110, Scope of Subchapter; 2.115, Awarding of Grants; 2.116, Texas Grant Management Standards; 2.117, Grant Review and Award Process; 2.118, Decision Making Process; 2.210, Negotiated Grants; 2.211, Resource Sharing--Interlibrary Loan Grants; 2.212, Technical Assistance Grants; 2.213, System Integrated Negotiated Grants; 2.610, Goals and Purposes; 2.611, Eligible Applicants; 2.612, Criteria for Award; 2.810, Goals and Purposes; 2.811, Definitions; 2.812, Eligible Applicants; 2.813, Eligible Expenses; 2.814, Funding Formula; 2.815, Application Review and Awarding Process; 2.910, Goals and Purposes; 2.911, Eligible Applicants; and 2.912, Criteria for Award. The repeals are adopted without changes to the proposed text as published in the November 24, 2023, issue of the Texas Register (48 TexReg 6841). The rules will not be republished.
The repeals were identified as necessary during the commission's recent review of the rules in Chapter 2, General Policies and Procedures, as required by Government Code, §2001.039.
Specifically, the repeal of §2.4, Principles, is appropriate because the rule is outdated and does not implement, interpret, or prescribe law or policy or describe a commission procedure or practice requirement. The repeal of §2.10, Dual Office Holding, is appropriate as this requirement is unnecessary and inappropriate in a commission rule. Dual office holding is prohibited by Texas law, based on the Texas constitutional restriction on holding two civil offices of emolument and common-law incompatibility. The repeal of §2.58, Use of Technology, is appropriate because it does not implement, interpret, or prescribe law or policy or describe a commission procedure or practice requirement.
The repeal of §2.110, Scope of Subchapter, is appropriate because the commission is updating the language for this section. Rather than amend the existing rule, the commission determined it was more efficient to repeal the existing rule and propose a new rule in its place. New §2.110 is published in this same issue of the Texas Register.
The repeal of §§2.115, Awarding of Grants; 2.116, Texas Grant Management Standards; 2.117, Grant Review and Award Process; and 2.118, Decision Making Process, is necessary because the commission is reorganizing the rules within Subchapter C (Grant Policies), Division 1 (General Grant Guidelines). The amended and new sections are published in this same issue of the Texas Register.
Lastly, the repeal of §§2.210, Negotiated Grants; 2.211, Resource Sharing--Interlibrary Loan Grants; 2.212, Technical Assistance Grants; 2.213, System Integrated Negotiated Grants; 2.610, Goals and Purposes; 2.611, Eligible Applicants; 2.612, Criteria for Award; 2.810, Goals and Purposes; 2.811, Definitions; 2.812, Eligible Applicants; 2.813, Eligible Expenses; 2.814, Funding Formula; 2.815, Application Review and Awarding Process; 2.910, Goals and Purposes; 2.911, Eligible Applicants; and 2.912, Criteria for Award is necessary because each of these sections relate to grant programs the commission no longer administers. Furthermore, the rules are unnecessary, as the commission's general grant rules apply to all of the commission's grant programs and individual rules pertaining to specific grant programs are not necessary, unless required by statute. In this case, none of the specific grant programs described in the repealed sections are required in statute to be adopted by rule.
SUMMARY OF COMMENTS. The commission received comments from one individual on the proposed repeals.
COMMENT. The individual commented that she was surprised to find that §2.4, Principles, was proposed for repeal, noting that the rule appeared to codify upright behavior when discussing access and nondiscrimination. The commenter also noted that aspects of the rule are assurances promised as a requirement of funding from the Library Services Technology Act (LSTA), which, she stated, requires "those things" to be codified through state law. The commenter questioned whether removing the rule would cause problems with funding from the LSTA.
RESPONSE. The commission appreciates the comment. However, as noted in the preamble proposing the repeals, §2.4 does not implement, interpret, or prescribe law or policy or describe a commission procedure or practice requirement. Rather, it restates requirements noted elsewhere in state law, states requirements that are not necessary in agency rule, or describes internal agency management or organization. In addition, the commission provides annual assurances and certifications to the Institute of Museum and Library Services for funding under the LSTA. As such, the commission declines to make a change in response to this comment.
COMMENT. The individual commented that the repeal of §2.10, Dual Office Holding, seemed to be eliminating an important mechanism of enforcement for Article XVI of the Texas Constitution.
RESPONSE. As noted in the preamble proposing the repeals, dual office holding is prohibited by Texas law, based on the Texas constitutional restriction on holding two civil offices of emolument and common-law incompatibility. In some cases, acceptance of a second public office can result in automatic resignation from a person's current public office. Furthermore, any violation of the prohibition on dual office holding would not be a matter of enforcement by the commission but would have to be challenged through a civil action in a district court. As such, the commission declines to make a change in response to this comment.
SUBCHAPTER A. PRINCIPLES AND PROCEDURES OF THE COMMISSION
13 TAC §§2.4, 2.10, 2.54, 2.58
STATUTORY AUTHORITY. The repeals are adopted under 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; and Government Code, §441.006, General Powers and Duties, which directs the commission to govern the state library.
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 February 21, 2024.
TRD-202400740
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Effective date: March 12, 2024
Proposal publication date: November 24, 2023
For further information, please call: (512) 463-5460
DIVISION 1. GENERAL GRANT GUIDELINES
STATUTORY AUTHORITY. The repeals are adopted under 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; Government Code, §441.135, Grants, which directs the commission to adopt by rule the guidelines for awarding grants; and Government Code, §441.136, Rules, which directs the commission to adopt rules necessary to the administration of the program of state grants.
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 February 21, 2024.
TRD-202400761
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Effective date: March 12, 2024
Proposal publication date: November 24, 2023
For further information, please call: (512) 463-5460
STATUTORY AUTHORITY. The repeals are adopted under 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; Government Code, §441.135, Grants, which directs the commission to adopt by rule the guidelines for awarding grants; and Government Code, §441.136, Rules, which directs the commission to adopt rules necessary to the administration of the program of state grants.
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 February 21, 2024.
TRD-202400763
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Effective date: March 12, 2024
Proposal publication date: November 24, 2023
For further information, please call: (512) 463-5460
STATUTORY AUTHORITY. The repeals are adopted under 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; Government Code, §441.135, Grants, which directs the commission to adopt by rule the guidelines for awarding grants; and Government Code, §441.136, Rules, which directs the commission to adopt rules necessary to the administration of the program of state grants.
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 February 21, 2024.
TRD-202400741
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Effective date: March 12, 2024
Proposal publication date: November 24, 2023
For further information, please call: (512) 463-5460
STATUTORY AUTHORITY. The repeals are adopted under 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; Government Code, §441.135, Grants, which directs the commission to adopt by rule the guidelines for awarding grants; and Government Code, §441.136, Rules, which directs the commission to adopt rules necessary to the administration of the program of state grants.
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 February 21, 2024.
TRD-202400742
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Effective date: March 12, 2024
Proposal publication date: November 24, 2023
For further information, please call: (512) 463-5460
STATUTORY AUTHORITY. The repeals are adopted under 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; Government Code, §441.135, Grants, which directs the commission to adopt by rule the guidelines for awarding grants; and Government Code, §441.136, Rules, which directs the commission to adopt rules necessary to the administration of the program of state grants.
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 February 21, 2024.
TRD-202400762
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Effective date: March 12, 2024
Proposal publication date: November 24, 2023
For further information, please call: (512) 463-5460