Adopted Rules Title 13

TITLE 13. CULTURAL RESOURCES

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 §3.1, Definitions; §3.2, Standard Requirements for State Publications in All Formats; and §3.7, State Publications Contact Person; and new §3.3, Standard Deposit and Reporting Requirements for State Publications in All Formats. The amendments to §§3.1, 3.2 and 3.7 are adopted without changes to the proposed text as published in the September 1, 2023, issue of the Texas Register (48 TexReg 4739). These rules will not be republished. Section 3.3 is adopted with nonsubstantive changes to the proposed rule and will be republished.

The commission recently concluded its quadrennial review of 13 TAC Chapter 3 as required by Government Code, §2001.039. During the review, staff identified the need for multiple amendments to update and improve the rules. The amendments and new section are necessary to streamline, simplify, update, and clarify the commission's existing rules related to the State Publications Depository Program (program).

Amendments to §3.1 improve existing definitions, delete unnecessary definitions, make minor grammar and punctuation corrections, and renumber the definitions as appropriate.

Amendments to §3.2 clarify and improve the rule language and delete unnecessary language.

New §3.3 replaces the commission's previous rule regarding Standard Deposit and Reporting Requirements for State Publications in All Formats but does not make any major substantive changes. The new rule provides clearer guidance to state agencies regarding their duties under the program with respect to certain types of state publications. Subsection (a) establishes the general requirement for the number of copies of state publications that must be deposited, which is four copies for most state publications except for annual financial reports and annual operating budgets (three copies) and requests for legislative appropriations, quarterly and annual reports of measures, and state or strategic plans (two copies). These numbers are consistent with the previous requirement in rule with the exception of state or strategic plans. The new rule also requires two copies of state or strategic plans as opposed to three, in compliance with Government Code, §2056.002, which requires that two copies be provided to the commission.

New subsection (b) applies to state publications in electronic format, noting that the number and method of submission differs depending on whether the publication is available online. The subsection also notes that specific instructions may apply to the preparation and distribution of the publication. State agencies should comply with specific instructions in statute or administrative rule or as promulgated by other state agencies regarding state publications. However, in the absence of specific instructions, subsection (b) requires either online access to the publication or the submission of one copy on removable electronic media or other method approved by the Director and Librarian. The commission will maintain information about state publications that may have specific instructions regarding distribution on its website for state agencies to reference.

New subsection (c) establishes minimum requirements for electronic submissions, including file type, the requirement that state agencies include a publication reporting form, submission by the designated state agency publication liaison, and required descriptive information.

New subsection (d) clarifies that a publication reporting form must be included with each submission to the program, whether the submission is in print or electronic format.

New subsection (e) addresses the Texas Records and Information Locator (TRAIL), authorized by Government Code, §441.102, and notes that a state agency is not required to submit copies of its agency websites to the program. The subsection also establishes minimum technical requirements to which a state agency website should adhere to enable the commission to harvest information from the website through TRAIL.

Finally, amendments to §3.7 clarify the language, improve readability, and add one new requirement to the duties of state agency publications liaisons identifying and depositing historical publications that may be discovered that should have been provided to the program but were not.

SUMMARY OF COMMENTS. The commission did not receive any comments on the proposed amendments or new section.

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; and Government Code, §441.104, which directs the commission to establish a program for the preservation and management of state publications.

§3.3.Standard Deposit and Reporting Requirements for State Publications in All Formats.

(a) State publications in physical format. State agencies must deposit four copies of state publications in physical format to the State Publications Depository Program except as follows:

(1) State agencies must deposit three copies of the following state publications:

(A) Annual financial reports; and

(B) Annual operating budgets.

(2) State agencies must deposit two copies of the following state publications:

(A) Requests for legislative appropriations;

(B) Quarterly and annual reports of measures; and

(b) State publications in electronic format. The number and method of submission of state publications in electronic format differs depending on whether the electronic state publication is available online and specific instructions that may apply to the preparation and distribution of the publication. Unless specific instructions require otherwise:

(1) If a state publication is available online, a state agency shall provide the commission online access to the publication. The state agency is not required to submit an electronic copy of the state publication on removable electronic storage media. If also available in print, the URL for the online publication must be included on the cover or title page of the printed publication submitted in accordance with subsection (a) of this section;

(2) If a state publication is not available online, the state agency must submit one copy of each state publication on removable electronic storage media or other method approved by the Director and Librarian. Files must be formatted in a readily accessible format or other file type accessible via software provided to the commission or that is in the public domain. If the file is compressed, it must be compressed using lossless compression techniques.

(c) Minimum requirements for electronic submissions. All submissions of state publications in electronic format for the State Publications Depository Program must:

(1) Consist of an Adobe Portable Document File (PDF) or other secure file type accepted at the determination of the Director and Librarian;

(2) Include a publication reporting form;

(3) Be submitted by the designated state agency publications liaison(s); and

(4) Include the following descriptive information at a minimum:

(A) a title tag;

(B) an author meta tag that includes the name of the state agency responsible for creating the state publication;

(D) a keyword or subject meta tag that includes selected terms from within the publication.

(d) Publication reporting form. A state agency must include a completed publication reporting form with each submission of a publication in either print or electronic format. If a state publication is made available to the commission online in compliance with subsection (b)(1) of this section, the state agency must provide a completed publication reporting form to the commission when the agency notifies the commission that the publication is available.

(e) The Texas Records and Information Locator (TRAIL). TRAIL provides access to state publications that are made available to the public by state agencies online. A state agency is not required to submit copies of its state agency websites to the commission for the State Publications Depository Program. State agencies should ensure their websites adhere to the following minimum technical requirements to enable the commission to harvest the website through TRAIL:

(1) Guaranteed access, at no charge, to the state agency's online state publications. If a "robots.txt" file is used to prevent harvesting of a State Agency website, then that file must include an exception for TSLAC's designated harvesting system;

(2) State publications must be accessible:

(A) by anonymous File Transfer Protocol (FTP), Hyper Text Transfer Protocol (HTTP) or other electronic means as defined in Internet standards documents of the Internet Engineering Steering Group, Internet Architecture Board, and Internet community; and

(B) by following a link or series of links from the Agency's primary URL. For publications accessible only by database searching or similar means, an alternative path such as a hidden link to a comprehensive site map must be provided except as exempted in §3.5 of this title (relating to Standard Exemptions for State Publications in All Formats); or

(C) on alternative electronic formats and interfaces consistent with requirements of the Americans with Disabilities Act of 1990 and as amended.

(3) Each original state publication and subsequent versions as described in §3.2(c) of this title (relating to Standard Requirements for State Publications in All Formats) must remain available on the agency website for a minimum of nine months to ensure that the publication has been collected by the commission and made available in TRAIL. Agencies may confirm that a version of an online publication has been added to the TRAIL archive by searching at www.tsl.texas.gov/trail/index.html.

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 November 9, 2023.

TRD-202304161

Sarah Swanson

General Counsel

Texas State Library and Archives Commission

Effective date: November 29, 2023

Proposal publication date: September 1, 2023

For further information, please call: (512) 463-5460

13 TAC §3.3

The Texas State Library and Archives Commission (commission) adopts the repeal of 13 Texas Administrative Code §3.3, Standard Deposit and Reporting Requirements for State Publications in All Formats. The repeal is adopted without changes to the proposed text as published in the September 1, 2023, issue of the Texas Register (48 TexReg 4744) and will not be republished.

The commission repeals the existing §3.3 simultaneous with the adoption of new §3.3, also in this issue of the Texas Register. Due to the nature and number of necessary amendments to §3.3, the commission found it simpler to repeal existing §3.3 and propose new §3.3.

STATUTORY AUTHORITY. The repeal is 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; and Government Code, §441.104, which directs the commission to establish a program for the preservation and management of state publications.

CROSS REFERENCE TO STATUTE. Government Code, Chapter 441.