PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CHAPTER 2. GENERAL POLICIES AND PROCEDURES
The Texas State Library and Archives Commission (commission) proposes 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.
BACKGROUND. The Texas State Library and Archives Commission (TSLAC) recently concluded its quadrennial review of the rules located at 13 TAC Chapter 2, General Policies and Procedures, as required by Government Code, §2001.039. As a result of this review, TSLAC identified numerous needed changes to improve, update, and clarify the rules. TSLAC also identified several rules that are not necessary as administrative rules and proposes the repeals of those sections in this same issue of the Texas Register.
SECTION BY SECTION ANALYSIS. Proposed 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. TSLAC has been implementing this clarifying change throughout its rules as opportunities for amendment have occurred. TSLAC also proposes the deletion of several defined terms that are either not used in the chapter or for which a definition is not necessary.
Proposed amendments to §2.2 change "commission" to "agency" as necessary and change "chairman" to "chair."
Proposed amendments to §2.3 change "chairman" and "vice chairman" to "chair" and "vice-chair" and change "commission" to "agency" as necessary. An additional proposed amendment deletes unnecessary language.
Proposed amendments to §2.5 change "commission" to "agency" as necessary. Additional proposed amendments update language regarding reporting by advisory committees to the commission and the commission's evaluation of advisory committees.
Proposed amendments to §§2.7, 2.8, and 2.9 continue the commission's advisory committees for another four years.
Proposed amendments to §2.46 and §2.48 change "commission" to "agency" as necessary and make minor wording adjustments to improve the language.
Proposed amendments to §2.53 update and simplify the agency's process for receiving, reviewing, and responding to complaints. The existing rule mirrored the agency's protest procedures, which are not necessary for responding to general complaints regarding agency services.
Proposed new §2.54 updates the commission's HUB Program rule to reference the correct citations.
Proposed amendments to §2.55 change "commission" to "agency" and "chairman" to "chair" as necessary.
Proposed amendments to §2.56 change "commission" to "agency" as necessary and change the person responsible for approving employee training to the director and librarian or designee.
Proposed amendments to §2.60 and §2.70 change "commission" to "agency" as necessary.
Proposed amendments to §2.77 delete the definitions of "commission" and "agency" as they are no longer necessary for this rule due to the proposed definitional changes for the entire chapter.
In general, proposed changes to sections within Subchapter C, Division 1, General Grant Guidelines, consolidate rules that relate to the same topic or are repetitive, update and improve language for clarity regarding the commission's general grant requirements, reorder the rules for a more logical progression, and delete outdated and unnecessary requirements.
Proposed 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).
Proposed amendments to §2.111 make minor wording improvements to the section.
Proposed 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 proposed amendment updates a citation as necessitated by the proposed amendments.
Proposed amendments to §2.113 update the title of the section from Peer Review to Selection Process, and fold in the requirements of §2.117 (relating to Grant Review and Award Process) to the existing rule. Additional amendments update and clarify the language. As amended, §2.113 would outline 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.
Proposed amendments to §2.114 make minor language updates and move the language previously codified at §2.115 (relating to Awarding of Grants) to proposed new subsection (e).
Proposed 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).
Proposed amendments to §2.120 make a minor wording update.
Additional proposed amendments throughout this rulemaking make grammatical updates and conform the language to Texas Register preferences.
FISCAL IMPACT. Donna Osborne, Chief Operations and Fiscal Officer, has determined that for each of the first five years the proposed amendments and new rules are in effect, there are no reasonably foreseeable fiscal implications for the state or local governments as a result of enforcing or administering the new or amended rules, as proposed.
PUBLIC BENEFIT AND COSTS. Gloria Meraz, Director and Librarian, has determined that for each of the first five years the proposed amendments and new rules are in effect, the anticipated public benefit will be consistency and clarity in the rules governing general agency procedures and in the agency's rules regarding general grant guidelines. There are no anticipated economic costs to persons required to comply with the proposed new rules or amendments.
LOCAL EMPLOYMENT IMPACT STATEMENT. The proposal has no impact on local economy; therefore, no local employment impact statement under Government Code, §2001.022 is required.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT STATEMENT. There will be no adverse economic effect on small businesses, micro-businesses, or rural communities; therefore, a regulatory flexibility analysis under Government Code, §2006.002 is not required.
COST INCREASE TO REGULATED PERSONS. The proposed amendments and new rules do not impose or increase a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the commission is not required to take any further action under Government Code, §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT. In compliance with Texas Gov't Code §2001.0221, the commission provides the following government growth impact statement. For each year of the first five years the proposed amendments and new rules will be in effect, the commission has determined the following:
1. The proposed amendments and new rules will not create or eliminate a government program;
2. Implementation of the proposed amendments and new rules will not require the creation of new employee positions or the elimination of existing employee positions;
3. Implementation of the proposed amendments and new rules will not require an increase or decrease in future legislative appropriations to the commission;
4. The proposed amendments and new rules will not require an increase or decrease in fees paid to the commission;
5. The proposal will create new regulations to replace rules proposed for repeal;
6. The proposal will repeal existing regulations but will not otherwise expand or limit existing regulations;
7. The proposed amendments and new rules will not increase the number of individuals subject to the proposed amendments' and new rules' applicability; and
8. The proposed amendments and new rules will not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT. No private real property interests are affected by this proposal, and the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action. Therefore, the proposed amendments and new rules do not constitute a taking under Texas Gov't Code §2007.043.
REQUEST FOR PUBLIC COMMENT. Written comments on the proposed amendments and new rule may be submitted to Sarah Swanson, General Counsel, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas, 78711, or via email at rules@tsl.texas.gov. To be considered, a written comment must be received no later than 30 days from the date of publication in the Texas Register.
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 proposed 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; §441.006, General Powers and Duties, which directs the commission to govern the state library; and §441.0065, Advisory Committees, which directs the commission to adopt rules regarding advisory committees.
CROSS REFERENCE TO STATUTE. Government Code, Chapter 441.
§2.1.Definitions.
The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:
(1) 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.
(2) [(1)] Commission--means
the seven-member governing body of the Texas State Library and Archives
Commission. [The Texas State Library and Archives Commission.]
(3) [(2)] Competitive grant--Any
grant awarded by the Texas State Library and Archives Commission based
on competition among eligible entities for available grant funds.
(4) [(3)] Director and librarian--Chief
executive and administrative officer of the Texas State Library and
Archives Commission.
[(4) Loan period--A period of time
beginning with the date the Texas State Library delivers or mails
an item to a customer and ending with the date that the customer returns
it to the library.]
[(5) Over-size paper copy--Any printed impression on paper larger than 8 1/2 inches by 14 inches. Each side of a piece of paper is counted as a single copy. A piece of paper that is printed on both sides is counted as two copies.]
(5) [(6)] State Archives--A non-circulating
collection of Texas state and local government records, private papers,
maps, photographs, newspapers, and published materials that documents
the history of the State of Texas and the growth and actions of its government.
[(7) Texas State Library--The staff,
collections, archives, and property of the Texas State Library and
Archives Commission organized to carry out the commission's responsibilities.]
[(8) Friends group--An affiliated nonprofit organization whose purpose is to raise funds for or provide services or other benefits to the Texas State Library and Archives Commission and that has been so designated by the commission.]
§2.2.Responsibilities of Commission and the Director and Librarian.
(a) General Powers and Responsibilities. The commission
is a seven-member [seven member] citizen board
appointed by the governor with the advice and consent of the senate.
The [commission is an] agency is 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 chair [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.
§2.3.Procedures of Commission.
(a) Election of Officers. In accordance with statute,
the chair [chairman] of the commission is designated
by the governor. The vice-chair [vice-chairman]
is elected by the members of the commission at the first meeting in
even numbered years.
(b) Powers of the Chair [chairman].
The chair [chairman] shall call meetings of
the commission, set the agenda for meetings of the commission, preside
at meetings of the commission, and authenticate actions of the commission
as necessary.
(c) Vice-Chair [Vice-Chairman].
The vice chair [vice-chairman] of the commission
exercises the powers and authority of the chair [chairman
] in the event of a vacancy, absence, or incapacity of the chair
[chairman], including the authority to call a meeting,
set the agenda, and act on behalf of the chair [chairman].
(d) Committees. The chair [chairman]
shall appoint an audit committee, consisting of three members of the
commission, one to serve as chair [chairman].
The audit committee will receive plans and reports from internal and
external auditors, review and revise such plans and reports as needed,
and recommend them to the commission for adoption and approval. The chair [chairman] shall appoint such other committees
of the commission as may be deemed necessary.
(e) Meetings. The commission shall have regularly scheduled
meetings five times per year. The chair [chairman]
may call additional meetings of the commission as may be necessary,
provided that adequate notice of such meetings shall be given in accordance
with the Open Meetings Act (Government Code, Chapter 551). The chair
[chairman] shall call a special meeting of the commission
upon written request by a majority of the members of the commission.
Any regularly scheduled meeting of the commission may be canceled
by the chair [chairman], provided that ten days
notification is given to the members of the commission.
(f) Agenda. The chair [chairman]
shall establish the agenda for meetings of the commission with advice
from other members and the director and librarian. Any person may
request that an item be placed on the agenda of the next meeting of
the commission by writing to the chair [chairman],
with a copy to the director and librarian. Such item will be added
to the agenda at the discretion of the chair [chairman],
except that the chair [chairman] will place
on the agenda any item requested by a majority of the members of the
commission. Notice and agenda of commission meetings shall be posted
by the director and librarian in accordance with the Open Meetings Act.
(g) Transaction of Business. As defined in the Open Meetings Act, a majority of the members of the commission, or four members, shall constitute a quorum. Meetings of the commission are conducted in a manner that welcomes public participation and complies with the spirit of the Open Meetings Act. At each meeting of the commission the agenda shall include a period for public comment of up to five minutes per individual. Actions of the commission are approved by a majority of the members present and voting. Proxies are not allowed.
(h) Minutes of Meetings. The director and librarian shall prepare minutes of commission meetings and file copies with members of the commission, the Legislative Reference Library, and the state publications program of the Texas State Library. Any changes or subsequent corrections of minutes at a commission meeting shall be filed in the same manner.
(i) Establishing, Amending, or Rescinding Existing
Policy. The commission fosters an open administrative process with
full public participation in rule making through advance publication
of all proposed rules in the Texas Register. [, as well as in appropriate library newsletters. The
commission intends to comply in spirit as well as technically with
the Administrative Procedure Act (Government Code, Chapter 2001).]
(j) Travel of Commission Members. Members of the commission
are entitled to reimbursement for actual expenses incurred to attend
meetings of the commission subject to any applicable limitation on
reimbursement provided by the General Appropriations Act or other
act of the legislature. The chair [chairman]
shall review and approve any claim for reimbursement of actual expenses
reasonably incurred in connection with the performance of other services
as a commission member, subject to any applicable limitation on reimbursement
provided by the General Appropriations Act or other act of the legislature.
(k) Grants. The commission delegates to the director and librarian its authority to approve all grants that are less than $100,000, except competitive grants.
(l) Gifts and Donations. The commission delegates to the director and librarian its authority to accept gifts, grants and donations of less than $500 that are in accord with the mission and purposes of the commission. Any such gifts, grants or donations will be managed in accordance with principles of sound financial management and will be used for the purposes for which they are given.
(m) Advisory Committees. The chair [chairman
] may establish and appoint committees to assist the commission
in their deliberations as needed and for the period required.
(n) Code of Conduct. Members of the commission [,] and officers and employees of the agency [commission] will not solicit or accept any gift, favor, service, or thing of value that might reasonably tend to influence
the member, officer, or employee in the discharge of official
duties, or that the member, officer, or employee knows
or should know is being offered with the intent of influencing the
member's, officer's, or employee's official conduct. Members,
officers, and employees of the commission will not accept
employment, engage in a business or professional activity, or accept
compensation that would:
(1) require or induce them to disclose confidential information acquired by virtue of official position;
(2) impair their independence of judgment in the performance of official duties; or
(3) create a conflict between their private interest and the public interest.
§2.5.Advisory Committees; General Requirements.
(a) Purpose and scope. This section governs procedures for the creation and operation of advisory committees, except as otherwise provided by law or commission rule. The purpose of an advisory committee is to make recommendations to the commission on programs, rules, and policies affecting the delivery of information services in the state. An advisory committee's sole role is to advise the commission. An advisory committee has no executive or administrative powers or duties with respect to the operation of the commission, and all such powers and duties rest solely with the commission.
(b) Creation and duration of advisory committees. The commission shall create advisory committees by commission order. An advisory committee is abolished on the fourth anniversary of the date of its creation unless the commission designates a different expiration date for an advisory committee or an advisory committee has a specific duration prescribed by law.
(c) Appointment procedures. The commission will appoint members to an advisory committee based on advice and input from the director and librarian. Each advisory committee will elect from its members a presiding officer, who will report the advisory committee's recommendations to the commission.
(d) Size and quorum requirement. An advisory committee must be composed of a reasonable number of members not to exceed 24. A majority of advisory committee membership will constitute a quorum. An advisory committee may act only by majority vote of the members present at the meeting.
(e) Membership terms. Advisory committee members:
(1) may serve two- or four-year staggered terms, as ordered by the commission; and
(2) are appointed by and serve at the pleasure of the commission. If a member resigns, dies, becomes incapacitated, is removed by the commission, otherwise vacates the position, or becomes ineligible prior to the end of the member's term, the commission will appoint a replacement to serve the remainder of the unexpired term.
(f) Conditions of membership.
(1) Qualifications. To be eligible to serve as a member of an advisory committee, a person must have knowledge about and interests in the specific purpose and tasks of an advisory committee as established by commission order.
(2) Conflict of interest. Advisory committee members are subject to the same laws and policies governing ethical standards of conduct as those for commission members and employees.
(3) Training requirements. Each member of an advisory committee must complete training regarding the Open Meetings Act, Chapter 551 of the Government Code, and the Public Information Act, Chapter 552 of the Government Code.
(g) Administrative support. For each advisory committee,
the director and librarian will designate a division of the agency [commission] that will be responsible for providing any necessary
administrative support essential to the functions of the committee.
(h) Meetings.
(1) Meeting requirements. The division designated for an advisory committee under subsection (g) of this section shall submit to the Secretary of State notice of a meeting of the advisory committee. The notice must provide the date, time, place, and subject of the meeting. All advisory committee meetings shall be open to the public.
(2) Scheduling of meetings. Meeting dates, times, places, and agendas will be set by the division designated under subsection (g) of this section.
(3) Attendance. A record of attendance at each meeting of an advisory committee will be made. Unless otherwise provided by law, if a member of an advisory committee misses three consecutive advisory committee meetings, the member automatically vacates the position and the commission will appoint a new member to fill the remainder of the unexpired term created by the vacancy.
(i) Record. Agency [Commission]
staff shall maintain minutes of each advisory committee meeting and
distribute copies of approved minutes and other advisory committee
documents to the commission and advisory committee members.
(j) Reporting recommendations. The agency shall
report an [An] advisory committee's [committee
shall report its] recommendations to the commission [in
writing]. The presiding officer of an advisory committee or
designee may appear before the commission to present the committee's recommendations.
(k) Reimbursement. Members of an advisory committee shall not be reimbursed for expenses unless reimbursement is authorized by law and approved by the director and librarian.
(l) Review of advisory committees. The agency [commission] shall monitor the composition and activities of
advisory committees. To enable the commission to evaluate the continuing
need for an advisory committee, the agency shall report on the
advisory committee's work, usefulness, and costs, including the cost
of agency staff time spent in support of the committee's activities,
at least annually. [an advisory committee shall report
in writing to the commission a minimum of once per year. The report
provided by the advisory committee shall be sufficient to allow the
commission to properly evaluate the committee's work and usefulness.]
(m) Compliance with the Open Meetings Act. An advisory committee shall comply with the Open Meetings Act, Government Code, Chapter 551.
(n) Rules. For each advisory committee appointed, the commission shall adopt rules that address the purpose of the advisory committee. The rules may address additional items, including membership qualifications, terms of service, operating procedures, and other standards to ensure the effectiveness of an advisory committee appointed under this subchapter.
§2.7.Library Systems Act Advisory Board (LSA Board).
(a) The LSA Board is created to advise the commission on matters relating to the Library Systems Act. The LSA Board's tasks include reviewing and making recommendations regarding the minimum standards for accreditation of libraries in the state library system, reviewing and making recommendations regarding the application of the standards to local libraries, reviewing and making recommendations regarding the future development of the Library Systems Act, reviewing and making recommendations regarding grant programs for local libraries, and reviewing and making recommendations regarding agency programs that affect local libraries.
(b) The LSA Board reports to the commission through its meetings and meeting minutes, and/or reports or letters to the Director and Librarian.
(c) The LSA Board membership consists of five librarians qualified by training, experience, and interest to advise the commission on the policy to be followed in applying Government Code, Chapter 441, Subchapter I, Library Systems. The term of office for each LSA Board member is three years.
(d) The LSA Board shall expire on February 20, 2028
[2024].
§2.8.Texas Historical Records Advisory Board (THRAB).
(a) The THRAB is created to serve as the central advisory body for historical records planning and projects funded by the National Historical Publications and Records Commission that are developed and implemented in this state and advise the Texas State Library and Archives Commission on matters related to historical records in the state. The advisory board's tasks include those enumerated in Government Code §441.242.
(b) The advisory board reports to the commission through its meetings and meeting minutes, and/or reports or letters to the Director and Librarian.
(c) The THRAB is composed of:
(1) the state archivist, who shall be appointed as the historical records coordinator by the governor and who serves as presiding officer of the THRAB;
(2) two public members, appointed by the governor; and
(3) six members, appointed by the director and librarian, who must have recognized experience in the administration of government records, historical records, or archives.
(d) The terms of office for the members of the THRAB are as follows:
(1) The historical records coordinator serves a four-year
[four year] term;
(2) The two public members appointed by the governor serve staggered terms of three years with the terms of the members expiring on February 1 of different years; and
(3) The six members appointed by the director and librarian serve staggered terms of three years with the terms of one-third of the members expiring on February 1 of each year.
(e) The THRAB shall expire on February 20, 2028
[2024].
§2.9.TexShare Library Consortium Advisory Board (TexShare Advisory Board).
(a) The TexShare Advisory Board is created to advise the commission on matters relating to the consortium.
(b) The TexShare Advisory Board membership shall represent the various types of libraries comprising the membership of the consortium, with at least two members representing the general public. Members must be qualified by training and experience to advise the commission on policy to be followed in applying Government Code, Chapter 441, Subchapter M, TexShare Library Consortium. TexShare Advisory Board members serve three-year terms beginning September 1.
(c) The TexShare Advisory Board shall expire on February
20, 2028 [2024].
§2.46.Negotiated Rulemaking.
(a) It is the commission's policy to engage in negotiated
rulemaking procedures under Government Code, Chapter 2008, when appropriate.
When the agency [commission] finds that proposed
rules are likely to be complex or controversial, or to affect disparate
groups, negotiated rulemaking may be proposed.
(b) When negotiated rulemaking is proposed, the director and librarian will appoint a convenor to assist in determining whether it is advisable to proceed. The convenor shall perform the duties and responsibilities contained in Government Code, Chapter 2008.
(c) If the convenor recommends proceeding with negotiated rulemaking and the commission adopts the recommendation, the commission shall initiate negotiated rulemaking according to the provisions of Government Code, Chapter 2008.
§2.48.Petition for Adoption of Rules.
(a) Any interested person may petition the agency [commission] requesting the adoption of a rule.
(b) At a minimum, a petition under this section must be in writing directed to the director and librarian and contain the following:
(1) A clear and concise statement of the substance of the proposed rule, together with a brief explanation of the purpose to be accomplished through such adoption;
(2) The petitioner's full name, Texas address, telephone number, and signature; and
(3) The chapter and subchapter in which, in the petitioner's opinion, the rule belongs, and the proposed rule text of a new rule or the text of the proposed rule change prepared in a manner to indicate the words to be added or deleted from the current text, if any.
(c) Within 60 days after receipt, the agency [commission] will either deny the petition in writing, stating
its reasons therefore, or will initiate rulemaking proceedings in
accordance with the Administrative Procedure Act (Government Code,
Chapter 2001, Subchapter B).
(d) If rulemaking procedures are initiated under this
section, the version of the rule [which] the agency [commission staff] proposes may differ from the version proposed
by the petitioner.
§2.53.Service Complaints.
(a) Complaints regarding agency services [For the purpose of improving services to the public and resolving
complaints about services of the Texas State Library, state publications
of the library as defined in §3.1 of this title (relating to
State Publications Depository Program) shall include a notice that
complaints may be made] must be submitted in writing to
the director and librarian [with the director's mailing address
and telephone number. Such notice shall also be posted in all public
service areas and public access computer systems]. Complaints
may be mailed to Director and Librarian, Texas State Library and Archives
Commission, P.O. Box 12927, Austin, Texas, 78711-2927; hand-delivered
at 1201 Brazos Street, Austin, Texas, 78701, or sent by email to dir.lib@tsl.texas.gov.
The agency will review, investigate, and respond to complaints within
10 business days from the date the complaint is received. The agency
will notify the complainant if additional time is necessary to investigate
a complaint.
[(b) Complaints regarding service
delivery, grants and the administration of grants will be processed
promptly and efficiently in accordance with the procedures outlined
in §2.55 of this title (relating to Protest Procedure).]
(b) [(c)] The agency [commission] will maintain a record of complaints filed. This
will include information about parties to the complaint, the subject
matter of the complaint, a summary of the results of the review or
investigation of the complaint, and its disposition.
(c) [(d)] The agency [commission
] will make information available describing its procedures
for complaint investigation and resolution. [The commission will
periodically notify the complaint parties of the status of the complaint
until final disposition.]
§2.54.HUB Program.
The commission adopts the rules of the Comptroller of Public Accounts relating to the Historically Underutilized Business (HUB) Program at 34 TAC, Part 1, Chapter 20, Subchapter D, Division 1.
§2.55.Protest Procedure.
(a) An aggrieved person who is not satisfied with a
decision, procedure, or service received from agency [the
] staff of the commission or who is an actual or prospective
bidder, grantee, or contractor aggrieved in connection with a solicitation,
evaluation, or award may file a protest with the director and librarian
in accordance with this rule.
(b) A protest must be submitted to the director and librarian within 21 days after the person knows or should have known of the matter that is protested. The director and librarian has the discretion to allow a protest filed after 21 days if the protestant shows good cause for the late filing or if the protest raises an issue significant to the general policies and procedures of the commission.
(c) The protestant shall mail or deliver a copy of the protest to all interested persons. The director and librarian will furnish a list of interested persons to a protestant. For protests of a competitive selection (bid, contract, or grant), interested persons shall include all persons who have submitted a bid, proposal, or application.
(d) A protest must be in writing and identified as a protest under commission rule 13 TAC §2.55 and contain the following:
(1) a description of the protestant's interest in the matter;
(2) the issue(s) to be resolved and remedy(s) requested;
(3) the protestant's argument supporting the protest, including a statement of relevant facts and applicable law, specifying the statutes, rules, or other legal authority alleged to have been violated;
(4) the protestant's affirmation that facts set forth in the protest are true; and
(5) a certification that a copy of the protest has been mailed or delivered to all interested persons.
(e) Upon receipt of a protest conforming to the requirements
of this section, the agency [commission] shall
not proceed with the solicitation, award, or contract until the protest
is resolved, unless the director and librarian makes a written determination
that delay would harm the substantial interests of the state.
(f) The director and librarian has the authority to decide, settle, or resolve the protest and will make a written determination. The director and librarian may solicit written responses to the protest from other parties. The director and librarian shall inform the protesting party and other interested parties by letter of his determination, how to appeal the determination to the commission, and how to respond to any appeal that is filed.
(g) An interested party may appeal the determination of the director and librarian. An appeal must be in writing and conform to paragraphs (1)-(3) of this subsection:
(1) the appeal must be received in the office of the director and librarian no later than 15 days after the date the determination is mailed to interested parties;
(2) a copy of the appeal must be mailed or delivered by the appealing party to all interested parties and contain a certification of mailing or delivery;
(3) the appealing party must state whether or not an opportunity is requested to make an oral presentation to the commission in open meeting.
(h) The director and librarian shall refer the matter to the commission for their consideration at an open meeting.
(i) The chair [chairman] of the
commission has the discretion to allow an appeal filed more than 15
days after the director and librarian's determination if the appealing
party shows good cause for the late filing or if the appeal raises
an issue significant to the general policies or procedures of the commission.
(j) An interested party may file a response to an appeal
of the determination of the director and librarian no later than 15
days after the appeal is mailed or delivered. The chair [chairman] of the commission has the discretion to allow a response
filed more than 15 days after the appeal of the determination by the
director and librarian if the interested party shows good cause for
the late filing or if the response raises an issue significant to
the general policies or procedures of the commission.
(k) Copies of the appeal and responses of interested parties, if any, shall be mailed to the commission by the director and librarian.
(l) The chair [chairman] of the
commission has the discretion to decide whether or not a request for
oral presentations will be granted and will set the order and amount
of time for oral presentations that are allowed. The chair [chairman] also has the discretion to decide whether presentations
and written documents presented by agency [commission]
staff and interested parties will be allowed.
(m) The commission will determine properly filed appeals and make its decision in open meeting. The commission shall vote to uphold or reverse the decision of the director and librarian. Failing a majority vote of the commission to reverse, the director and librarian's decision is upheld. The commission's decision is final and not subject to judicial review under the statutes governing the commission.
(n) A decision issued either by the commission in open meeting or in writing by the director and librarian shall be the final administrative action of the commission.
(o) Documentation concerning a protest of a competitive
selection is part of the agency's [commission's]
records series for that selection and is retained in accordance with
the agency's [commission's] approved records
retention schedule.
§2.56.Training and Education of Staff.
(a) The purposes of the agency's [commission's
] training program are all work-related, and include meeting
technological or legal requirements, developing additional work skill
capabilities, or increasing competence or performance. The agency's [commission's] training program includes all education, workshops,
seminars, and similar instruction.
(b) The agency [commission] may
provide training to any of its employees to enable them to perform
their current duties more effectively. The agency [commission
] may also provide training to selected employees to enable
them to perform prospective duties needed by the agency.
(c) The agency [commission] may
require an employee to attend any necessary training program.
(d) Employee training must be recommended by the division
director and approved by the director and [assistant
state] librarian or designee.
(e) When training is approved, the agency [commission] will either pay the training costs[,]
or allow the employee's schedule to accommodate the training (by rearranging
work hours[,] or allowing the training to be taken as work
time), or both.
(f) After attending training, an employee must submit
a report of the training to the Human Resources Office of the agency
[commission] within three working days. The employee
must make an oral or written presentation to other employees, if requested.
(g) An employee who fails to complete the training
must reimburse the agency [commission] for the
cost of the training, except for reasons beyond the employee's control.
(h) In this section, "special training" means instruction,
teaching, or other education received by a state employee that is
not normally received by other state employees and that is designed
to enhance the ability of the employee to perform the employee's job.
Special training does not include training required by either state
or federal law or that is determined necessary by the agency [commission] and offered to all employees performing similar
jobs. Special training does include a course of study at an institution
of higher education.
(i) The agency [commission] may
provide special training to selected employees to enhance their ability
to perform their current or prospective duties.
(j) Employees must be recommended by their division director and approved by the assistant state librarian for special training.
(k) If an employee is to receive special training that
will be paid by the agency [commission], and
during the training period the employee will not perform regular duties
for three or more months as a result of the training, the employee
must agree in writing to the requirements of Government Code §656.103
and §656.104.
(l) An employee may be released from these requirements if the commission in open meeting finds that such action is in the best interest of the agency, or because an extreme personal hardship would be suffered by the employee.
§2.60.Friends Groups.
(a) The commission may designate nonprofit organizations
that are organized to raise funds and provide services and other benefits
to the agency [commission] as a "friend" of
the commission. A friends group must submit copies of its charter
and bylaws or other organizational documents to the commission for
review and approval. Upon designation as a friend of the commission
and for so long as such designation exists, the commission may recognize
a friends group. Designation as a "friend" shall be reviewed periodically
but not less than once every five years.
(b) Funds accepted by friends groups for the benefit of the commission to support the purposes and programs of the commission are to be managed as reasonably prudent persons would manage funds if acting on their own behalf. Such funds are to be accounted for according to generally accepted accounting principles. A financial report shall be prepared at least annually and made available to the public upon request.
(c) The commission may authorize reasonable use of agency
[commission] employees, equipment, or property by
recognized friends groups in order to further or support the purposes
or programs of the commission, provided such usage is commensurate
with the benefit received or to be received by the commission. Agency
[Commission] employees shall receive no compensation
from the friends groups for such service.
(d) A commission member or agency employee
[of the commission] may not serve as an officer or director
of a friends group. The commission will designate not more than one
of its members to serve as liaison to each friends group.
(e) Nothing in this section shall supersede any rule or statute regulating the conduct of an employee of a state agency or the procedures of a state agency. To the extent of any conflict, the other rule or statute shall prevail.
§2.70.Vehicle Fleet Management.
(a) To the extent applicable, the commission adopts the Texas State Vehicle Fleet Management Plan developed by the Office of Vehicle Fleet Management, Statewide Procurement Division of the Texas Comptroller of Public Accounts.
(b) The director and librarian will designate a vehicle
fleet manager for the agency [commission].
(c) The vehicle fleet manager, with executive approval, is responsible for:
(1) managing the agency's [commission's]
vehicle fleet in accordance with the State Vehicle Fleet Management Plan;
(2) observing and enforcing statewide fleet management policies and procedures at the agency level; and
(3) developing written policies and procedures for managing commission vehicles that implement, to the extent feasible, the Best Practices guidelines of the State Vehicle Fleet Management Plan.
(d) Each agency [commission]
vehicle is assigned to the agency [commission]
motor pool and is available for checkout for official business by
employees who are authorized to drive agency vehicles, with the advance
approval of the executive or the vehicle fleet manager.
(e) The agency [commission] may
assign a vehicle to an individual administrative or executive employee
on a regular or everyday basis only if the agency [commission
] makes a written documented finding that the assignment is
critical to the needs and mission of the agency [commission].
§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.
(2) [(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 proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on November 9, 2023.
TRD-202304170
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Earliest possible date of adoption: December 24, 2023
For further information, please call: (512) 463-5460
DIVISION 1. GENERAL GRANT GUIDELINES
STATUTORY AUTHORITY. The amendments and new rules are proposed 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.
§2.110.Scope of Subchapter.
(a) Texas Government Code, Chapter
441, authorizes the commission to establish a program of grants using
state, federal, or other funds. This subchapter establishes the guidelines
for awarding grants and other rules necessary to the administration
of these grant programs. [The agency operates a variety
of grant programs including negotiated, competitive, and formula grants.
This subchapter applies to all types of grant programs. However, §§2.112,
2.113, 2.117, 2.118, and 2.119 of this title (relating to Eligible
and Ineligible Expenses, Peer Review, Grant Review and Award Process,
Decision Making Process, and Multiple Applications) apply only to
competitive grant programs. Formula grant guidelines are also specified
in §2.810 et al (relating to Loan Star Libraries grants), and §1.41
et al (relating to Library Systems grants).]
(b) The agency adopts by reference the Uniform Grant Management Standards and the Texas Grant Management Standards as published by the Texas Comptroller of Public Accounts.
§2.111.General Selection Criteria.
(a) Grants shall be awarded based on guidelines that
reflect applicable state or federal priorities and mandates. The grant
guidelines issued by the agency will specify the timetable, forms,
procedures, and any supplemental criteria or requirements applicable
to a particular grant for that year. Grant guidelines include the
goals describing the purpose of the grant program, applicant eligibility
requirements, description of the services to be provided, applicable
priorities and restrictions, [and] the selection criteria, and the process to evaluate grant applications and select
awards. [Selection criteria and requirements are designed to
select applications that provide the best overall value to the state.]
(b) The general selection criteria include:
(1) applicant eligibility;
(2) relevance to goals;
(3) program impact;
(4) program scope and quality;
(5) the cost of proposed service;
(6) measurability of service impact; and
(7) compliance with requirements.
(c) The agency [commission] may
consider additional factors in the selection process [determining
best value], including:
(1) financial ability to perform services;
(2) state and regional service needs and priorities;
(3) improved access for underserved [poorly
served] areas and populations;
(4) improved access to funding for libraries that have not received grants from the agency within a specified time frame to be determined by the agency or that have limited resources;
(5) ability to continue services after grant period; and
(6) past performance and compliance.
§2.112.Eligible and Ineligible Expenses.
(a) Except as provided in grant guidelines, competitive
grants may fund costs for staff, equipment, capital expenditures,
supplies, professional services, and other typical operating expenses,
as permitted by §2.110(b) [§2.116]
of this title (relating to Scope of Subchapter [Texas
Grant Management Standards]). The purpose of competitive grants
is not for collection development [,] or other activities
primarily focused on the acquisition of library materials or resources.
(b) Except as provided in grant guidelines, competitive
grants may not fund the following [costs, in addition to those
not permitted by §2.116 of this title]:
(1) Capital expenditures related to the purchase
of real property or buildings; [building construction or
renovation;]
(2) Capital expenditures related to the construction or expansion of facilities, including fixtures and services;
(3) Capital expenditures related to renovation costs, including fixtures and services;
(4) [(2)] Food [food
], beverages, or food delivery equipment or services; [awards, honoraria, prizes, or
gifts;]
(5) Awards, honoraria, prizes, gifts, or incentives;
(6) [(3)] Equipment [equipment] or technology not specifically needed to carry out
the goals of the grant;
(7) [(4)] Transportation [transportation] /travel for project participants or non-grant
funded personnel;
(8) [(5)] Databases [databases] currently offered or similar to ones offered by the
agency (i.e., a magazine index database may not be purchased if a
comparable one is provided by the agency);
(9) [(6)] Collection [collection] development purchases not targeted directly to the
grant goals nor integral to the service program;
(10) [(7)] Advertising [advertising] or public relations costs not directly related
to promoting awareness of grant-funded activities; [or]
(11) [(8)] Performers [performers] or presenters whose purpose is to entertain rather
than to educate; or [.]
(12) Other expenses as excluded in the grant guidelines.
§2.113.Selection Process. [Peer Review]
(a) To be eligible for review, each application must be submitted by the specified deadline with all required components and all necessary authorization signatures.
(b) Agency staff will review each application
for the following: [The director and librarian may select
professionals, citizens, community leaders, and agency and library
staff to evaluate grant applications. Peer reviewers must have appropriate
training or service on citizen boards in an oversight capacity and
may not evaluate grant applications in which there is, or is a possible
appearance of, a conflict of interest.]
(1) legal eligibility of the institution to participate in a grant program and appropriate authorizing signature;
(2) conformance to the federal and state regulations pertaining to grants;
(3) inclusion of unallowable costs;
(4) errors in arithmetic or cost calculations;
(5) submission of all required forms;
(6) compliance with submission procedures and deadlines; and
(7) relevance and appropriateness of the project design and activities to the purpose of the grant program.
(c) Agency staff will raise issues and questions
regarding the needs, methods, staffing and costs of the applications.
Staff will also raise concerns regarding the relevance and appropriateness
of the project design and activities to the purpose of the grant program.
Staff comments will be sent to the review panel with the applications
for consideration by the panel. [The agency staff will
distribute selected applications to reviewers and will provide written
instructions or training for peer reviewers. Reviewers must complete
any training prior to reviewing applications.]
(d) Applicants will be sent a copy of the staff
comments to give applicants an opportunity to respond in writing.
Applicants may not modify the proposal in any way; however, applicants'
responses to staff comments will be distributed to the panel. [The reviewers score each application according to the review criteria
and requirements stated in the grant guidelines.]
(1) Applications with significant errors, omissions, or eligibility problems will not be rated. Applications in which the project design and activities are not relevant and appropriate to the purpose of the grant program will be ineligible.
(2) Agency staff will be available to offer technical assistance to reviewers.
(e) [(a)] The agency [commission] may use peer review panels to evaluate applications
in competitive grant programs.
(1) Peer reviewers may include professionals, citizens, community leaders, and agency and library staff to evaluate grant applications. Peer reviewers must have appropriate training or service on citizen boards in an oversight capacity and may not evaluate grant applications in which there is, or is a possible appearance of, a conflict of interest.
(2) The agency staff will distribute selected applications to reviewers and will provide written instructions or training for peer reviewers. Reviewers must complete any training prior to reviewing applications.
(3) The reviewers will score each application according to the review criteria and requirements stated in the grant guidelines.
(4) Each evaluation of an application for competitive grants shall be appropriately documented by the peer reviewer conducting the evaluation. The documentation shall include the scores assigned by the peer reviewer. The peer reviewer may also include comments that may be shared with the applicant.
[(e) Each peer review evaluation of
an application for competitive grants shall be appropriately documented
by the peer reviewer conducting the evaluation. The documentation
shall include the scores assigned by the peer reviewer. The peer reviewer
may also include comments that may be shared with the applicant.]
(f) Applications will be scored using the following process:
(1) The peer reviewers will review all complete and eligible grant applications forwarded to them by agency staff and complete a rating form for each. Each reviewer will evaluate the proposal in relation to the specific requirements of the criteria and will assign a value, depending on the points assigned to each criterion.
(2) No reviewer who is associated with an applicant or who stands to benefit directly from an application will serve on the review panel for the grant program in which the application is submitted for that grant cycle. Any reviewer who is associated with a potential applicant in the respective category must inform the agency and their organization about a potential conflict of interest. Any reviewer who feels unable to evaluate a particular application fairly may choose not to review that application.
(3) Reviewers will consider and assess the strengths and weaknesses of any proposed project only on the basis of the documents submitted. Considerations of geographical distribution, demographics, type of library, or personality will not influence the assessment of a proposal by the review panel. The panel members must make their own individual decisions regarding the applications. The panel may discuss applications, but the panel's recommendations will be compiled from the individual assessments, not as the result of a collective decision or vote.
(4) Reviewers may not discuss proposals with any applicant before the proposals are reviewed. Agency staff is available to provide technical assistance to reviewers. Agency staff will conduct all negotiations and communication with the applicants.
(5) Reviewers may recommend setting conditions for funding a given application or group of applications (e.g., adjusting the project budget, revising project objectives, modifying the timetable, amending evaluation methodology, etc.). The recommendation must include a statement of the reasons for setting such conditions. Reviewers who are ineligible to evaluate a given proposal will not participate in the discussion of funding conditions.
(6) Reviewers will submit their evaluation forms to the agency. In order to be counted, the forms must arrive before the specified due date.
[(f) To be eligible for review, each
application must be submitted by the specified deadline with all required
components and all necessary authorization signatures.]
§2.114.Funding Decisions.
(a) The agency staff will submit a recommended priority-ranked
list of applicants for possible funding. Final approval of a grant
award will be made by the commission in an open meeting. [is solely at the determination of the State Library and Archives Commission
].
(b) Applications for grant funding will be evaluated only upon the information provided in the written application, including attachments, if any.
(c) The agency staff may negotiate with selected applicants to determine the terms of the award. To receive an award, the applicant must accept any additional or special terms and conditions listed in the grant contract and any changes in the grant application.
(d) The agency staff will notify unsuccessful applicants in writing.
(e) The agency has the right to reject applications or cancel or modify a grant solicitation at any point before a contract is signed. The award of any grant is subject to the availability of funds.
§2.115.Grant Recommendation and Award Process.
To be considered eligible for funding, any application must receive a minimum adjusted mean score of more than 60 percent of the maximum points available. However, eligibility does not guarantee funding. The commission may also choose to award extra points to libraries that have not received funding within a specified time frame to be determined by the agency or that have limited resources. To reduce the impact of scores that are exceedingly high or low, or otherwise outside the range of scores from other reviewers, agency staff will tabulate the panel's work using calculations such as an adjusted mean score.
(1) Applications will be ranked in priority order by score for consideration by the commission.
(2) If insufficient funds remain to fully fund the next application, the staff may negotiate a reduced grant with the next ranked applicant.
(3) If the panel recommends funding an application that, for legal, fiscal, or other reasons, is unacceptable to the staff, a contrary recommendation will be made. The applicant will be informed of this situation prior to presentation to the commission and may negotiate a revision to the application. A positive recommendation to the commission will be contingent upon successfully completing these negotiations prior to the commission meeting.
(4) If the panel is unable to produce a set of recommendations for funding, the agency staff will use the same evaluation procedures to develop recommendations to the commission.
§2.120.Applicant Eligibility.
(a) Each notice of funding opportunity for a specific
grant program [authorized by commission rule] will identify
one or more of the following Texas entities as an eligible applicant:
(1) public libraries;
(2) TexShare Library Consortium member institutions; or
(3) nonprofit organizations.
(b) A public library is eligible for a grant program if it is accredited under Subchapter C of Chapter 1 of this Title (relating to Minimum Standards for Accreditation of Libraries in the State Library System).
(c) A nonprofit organization is eligible if it is applying on behalf of accredited public libraries as defined by this section or TexShare member institutions, and the nonprofit organization's organizational charter, operating guidelines, or mission statement includes providing direct support for activities and goals of one or more public libraries or TexShare member institutions as a defined objective.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on November 9, 2023.
TRD-202304171
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Earliest possible date of adoption: December 24, 2023
For further information, please call: (512) 463-5460
The Texas State Library and Archives Commission (commission) proposes the repeal of §2.4, Principles; §2.10, §2.54, Bid Procedures and HUB Program, Dual Office Holding; §2.58, Use of Technology; §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.
EXPLANATION OF PROPOSED REPEALS. The commission recently concluded its quadrennial review of Chapter 2, General Policies and Procedures, as required by Government Code, §2001.039. While the commission determined that, in general, the reasons for initially adopting the rules continue to exist, the commission identified several sections that are no longer necessary. Some of the rules proposed for repeal merely recite statutory requirements and are unnecessary as administrative rules. Other rules proposed for repeal are being folded into other existing rules as proposed amendments or new sections, which may be found in this edition of the Texas Register. Lastly, other sections are proposed for repeal as they detail requirements for grant programs the commission no longer administers. Furthermore, it is not necessary to adopt specific rules pertaining to individual grant programs, as the rules codified in 13 TAC Chapter 2, Subchapter C, Grant Policies, Division 1, General Grant Guidelines, are applicable to all of the commission's grant opportunities unless specified otherwise. Additional details regarding specific agency grant programs, including the goals and purposes of each opportunity, will always be provided in the Notice of Funding Opportunities published by the commission's Library Development and Networking Division for each specific grant.
The Administrative Procedure Act, Government Code, Chapter 2001, defines a rule as a state agency statement of general applicability that implements, interprets, or prescribes law or policy, or that describes the procedure or practice requirements of a state agency. Gov't Code, §2001.003(6). As stated in the Administrative Law Handbook published by the Office of the Attorney General, this definition specifically excludes statements governing purely internal agency management or organization.
The commission proposes the repeal of §2.4, Principles, because it does not implement, interpret, or prescribe law or policy or describe a commission procedure or practice requirement. Furthermore, it is outdated, having last been amended almost 20 years ago.
The commission proposes the repeal of §2.10, Dual Office Holding, 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 commission proposes the repeal of §2.58, Use of Technology, because it does not implement, interpret, or prescribe law or policy or describe a commission procedure or practice requirement.
The commission proposes the repeal of §2.110, Scope of Subchapter, because the commission is proposing new language for this section. Rather than amend the existing rule, the commission finds it more efficient to repeal the existing rule and propose a new rule in its place.
The commission proposes 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, because the commission is reorganizing the rules within Subchapter C (Grant Policies), Division 1 (General Grant Guidelines). The general subject matter of these rules will remain in rule, but may be organized differently and with updated, streamlined language. By repealing these sections, the commission will be able to propose new sections and ensure the Division as a whole is concisely worded and flows more logically. In turn, the commission believes the commission's rules will be easier to understand and apply.
Lastly, the commission proposes 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. The commission proposes the repeal of each of these sections because they relate specifically to grant programs the commission no longer administers. Furthermore, they 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 rules proposed for repeal are required in statute to be adopted by rule.
FISCAL NOTE. Donna Osborne, Chief Operations and Fiscal Officer, has determined that for each of the first five years the proposed repeals are in effect, there will not be a fiscal impact on state or local government.
PUBLIC BENEFIT/COST NOTE. Gloria Meraz, Director and Librarian, has determined that for the first five-year period the repeals are in effect, the public benefit will be consistency and clarity in the commission's rules related to general commission programs, services, and grants.
ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. Ms. Meraz has also determined that there will be no impact on rural communities, small businesses, or micro-businesses as a result of implementing these repeals and therefore no regulatory flexibility analysis, as specified in Government Code, §2006.002, is required.
GOVERNMENT GROWTH IMPACT STATEMENT. Pursuant to Government Code, §2001.0221, the commission provides the following Government Growth Impact Statement for the proposed repeals:
During the first five years that the proposed repeals would be in effect, the proposed repeals: will not create or eliminate a government program; will not result in the addition or reduction of employees; will not require an increase or decrease in future legislative appropriations; will not lead to an increase or decrease in fees paid to a state agency; will repeal existing regulations; and will not result in an increase or decrease in the number of individuals subject to the rule. During the first five years that the proposed repeal will be in effect, the proposed repeal will not positively or adversely affect the Texas economy.
REQUEST FOR PUBLIC COMMENT. Written comments on the proposed repeal may be directed to Sarah Swanson, General Counsel, via email rules@tsl.texas.gov, or mail, P.O. Box 12927, Austin, Texas, 78711-2927. Comments will be accepted for 30 days after publication in the Texas Register.
SUBCHAPTER A. PRINCIPLES AND PROCEDURES OF THE COMMISSION
13 TAC §§2.4, 2.10, 2.54, 2.58
STATUTORY AUTHORITY. The repeals are proposed 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 §441.006, General Powers and Duties, which directs the commission to govern the state library.
CROSS REFERENCE TO STATUTE. Government Code, Chapter 441.
§2.4.Principles.
§2.10.Dual Office Holding.
§2.54.Bid Procedures and HUB Program.
§2.58.Use of Technology.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on November 9, 2023.
TRD-202304172
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Earliest possible date of adoption: December 24, 2023
For further information, please call: (512) 463-5460
DIVISION 1. GENERAL GRANT GUIDELINES
STATUTORY AUTHORITY. The repeals are proposed 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; §441.135, 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.
§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.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on November 9, 2023.
TRD-202304173
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Earliest possible date of adoption: December 24, 2023
For further information, please call: (512) 463-5460
STATUTORY AUTHORITY. The repeals are proposed 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; §441.135, 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.
§2.210.Negotiated Grants.
§2.211.Resource Sharing--Interlibrary Loan Grants.
§2.212.Technical Assistance Grants.
§2.213.System Integrated Negotiated Grants.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on November 9, 2023.
TRD-202304205
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Earliest possible date of adoption: December 24, 2023
For further information, please call: (512) 463-5460
STATUTORY AUTHORITY. The repeals are proposed 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; §441.135, 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.
§2.610.Goals and Purposes.
§2.611.Eligible Applicants.
§2.612.Criteria for Award.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on November 9, 2023.
TRD-202304206
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Earliest possible date of adoption: December 24, 2023
For further information, please call: (512) 463-5460
STATUTORY AUTHORITY. The repeals are proposed 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; §441.135, 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.
§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.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on November 9, 2023.
TRD-202304207
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Earliest possible date of adoption: December 24, 2023
For further information, please call: (512) 463-5460
STATUTORY AUTHORITY. The repeals are proposed 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; §441.135, 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.
§2.910.Goals and Purposes.
§2.911.Eligible Applicants.
§2.912.Criteria for Award.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on November 9, 2023.
TRD-202304208
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Earliest possible date of adoption: December 24, 2023
For further information, please call: (512) 463-5460
SUBCHAPTER D. RECORDS RETENTION SCHEDULES
The Texas State Library and Archives Commission (commission) proposes an amendment to §7.123, General.
BACKGROUND. House Bill 1962, 86th R.S. (2019) (HB 1962) amended Government Code, §441.095, Disposition of Unscheduled Records, by repealing subsections (a), (b), and (c). HB 1962 also added Government Code, §441.169, Duties of Local Governments. Together, these amendments changed the process for the destruction of records not listed on a records retention schedule. Prior to the amendments, a custodian was required to file with the commission a notice of intent to destroy a record not listed on an approved records retention schedule at least 60 days before destroying the record. Now, under Government Code, §441.169, a local government is authorized to destroy records that do not appear on a records retention schedule issued by the commission if the local government notifies the commission at least 10 days before destroying the record. The proposed amendment to §7.123 is necessary to update the commission's general rule related to records retention schedules for local governments, which currently refers to the filing of records destruction requests with the commission.
ANALYSIS OF PROPOSED AMENDMENTS. A proposed amendment to §7.123 deletes subsection (c), which lists five circumstances when a local government may destroy records without filing a records destruction request with the commission. Because a local government is no longer required to file records destruction requests with the commission, this subsection is now obsolete.
A proposed amendment to §7.123(b) makes a correction to a reference to another commission rule.
FISCAL IMPACT. Craig Kelso, Director, State and Local Records Management, has determined that for each of the first five years the proposed amendments are in effect, there are no reasonably foreseeable fiscal implications for the state or local governments as a result of enforcing or administering the rule, as proposed.
PUBLIC BENEFIT AND COSTS. Mr. Kelso has determined that for each of the first five years the proposed amendments are in effect, the anticipated public benefit will be increased clarity in the commission's rules and requirements for local governments and consistency with statutory requirements. There are no anticipated economic costs to persons required to comply with the proposed amendments.
LOCAL EMPLOYMENT IMPACT STATEMENT. The proposal has no impact on local economy; therefore, no local employment impact statement under Government Code, §2001.022 is required.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT STATEMENT. There will be no adverse economic effect on small businesses, micro-businesses, or rural communities; therefore, a regulatory flexibility analysis under Government Code, §2006.002 is not required.
COST INCREASE TO REGULATED PERSONS. The proposed amendments do not impose or increase a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the commission is not required to take any further action under Government Code, §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT. In compliance with Government Code, §2001.0221, the commission provides the following government growth impact statement. For each year of the first five years the proposed amendments will be in effect, the commission has determined the following:
1. The proposed amendments will not create or eliminate a government program;
2. Implementation of the proposed amendments will not require the creation of new employee positions or the elimination of existing employee positions;
3. Implementation of the proposed amendments will not require an increase or decrease in future legislative appropriations to the commission;
4. The proposed amendments will not require an increase or decrease in fees paid to the commission;
5. The proposal will not create a new regulation;
6. The proposal will not expand or repeal an existing regulation;
7. The proposed amendments will not increase the number of individuals subject to the proposal's applicability; and
8. The proposed amendments will not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT. No private real property interests are affected by this proposal, and the proposal does not restrict or limit an owner's right to their property that would otherwise exist in the absence of government action. Therefore, the proposed amendment does not constitute a taking under Government Code, §2007.043.
REQUEST FOR PUBLIC COMMENT. Written comments on the proposed amendments may be submitted to Craig Kelso, Director, State and Local Records Management Division, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas 78711, or via email at rules@tsl.texas.gov. To be considered, a written comment must be received no later than 30 days from the date of publication in the Texas Register.
STATUTORY AUTHORITY. The amendments are proposed under Government Code, §441.158, which directs the commission to adopt records retention schedules for each type of local government by rule.
CROSS REFERENCE TO STATUTE. Government Code, Chapter 441 and Local Government Code, Chapters 201, 202, and 203.
§7.123.General.
(a) The following purposes of this undesignated head are to:
(1) implement the Government Code, §441.158; and
(2) provide procedures for the development of records retention schedules which ensure participation by the public, local officials, and state agencies having regulatory authority over local government recordkeeping.
(b) The records retention schedules adopted in §7.125
of this title (relating to [Adoption of] Records Retention
Schedules [by Reference]) shall be considered minimum requirements
and shall in no way affect the authority of the governing bodies of
local governments or of elected county officials to establish longer
periods of time for which records of their government or office are
to be retained.
[(c) Local governments and elected
county officers may destroy the following records without first filing
records destruction requests with the director and librarian:]
[(1) any record whose retention period in a records retention schedule is AV (as long as administratively valuable);]
[(2) any record whose retention period in a records retention schedule is one year or less;]
[(3) any record whose retention period in a records retention schedule is US (until superseded), unless an additional period exceeding one year is prescribed beyond supersession;]
[(4) any record listed in Local Schedule EL, as adopted under §7.125 of this title (relating to Adoption of Records Retention Schedules by Reference), whose retention period is RP-1 (general, special, and primary elections that do not involve a federal office--60 days after election day) or RP-2 (general, special, and primary elections that do involve a federal office--22 months after election day);]
[(5) any record listed as exempt from the destruction request requirement in a records retention schedule.]
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on November 9, 2023.
TRD-202304145
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Earliest possible date of adoption: December 24, 2023
For further information, please call: (512) 463-5460
The Texas State Library and Archives Commission (commission) proposes an amendment to 13 Texas Administrative Code §10.4, Reappraisal and Deaccessioning of Items.
BACKGROUND. Government Code, §441.190 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.
The commission adopted §10.4, Reappraisal and Deaccessioning of Items, in January 2023, and the new rule became effective March 6, 2023. Section 10.4(b) addresses the deaccessioning of items in the State Archives, specifically providing guidance as to when deaccessioning may be appropriate. Subsection (b)(3) provides that deaccessioning may be appropriate for items that are duplicates of other items in the State Archives. Agency archivists regularly encounter duplicates of records in the State Archives. Sometimes duplicates are found in separate state agency records series or in separate non-state agency collections. Other times, duplicates of items are found within a single records series or collection. The commission proposes an amendment to this section to enable commission staff to weed out duplicates of items in the State Archives when they are located within a single records series or collection. This amendment would enable staff to manage and process the collection more efficiently. Duplicates of items found in separate state agency records series or in separate non-state agency collections would still need to go through the formal reappraisal and deaccessioning process before they are disposed of under §10.4(d).
EXPLANATION OF PROPOSED AMENDMENT. The proposed amendment to §10.4 would add a clarifying clause to subsection (b)(3) to clarify that deaccession may be an appropriate option for items that are duplicates of other items in the State Archives if the duplicates are found within records of a separate state agency or a separate non-state agency collection.
FISCAL IMPACT. Jelain Chubb, State Archivist, has determined that for each of the first five years the proposed amendment is in effect, there are no reasonably foreseeable fiscal implications for the state or local governments as a result of enforcing or administering the amended rule, as proposed.
PUBLIC BENEFIT AND COSTS. Ms. Chubb has determined that for each of the first five years the proposed amendment is in effect, the anticipated public benefit will be increased clarity regarding the process for deaccessioning of items from the State Archives. In addition, by enabling the commission to weed out certain duplicates without going through the formal process in certain limited instances, the commission will be able to process archives more efficiently, enabling the commission to make progress on its archival backlog, which will ultimately make more archives available to the public. There are no anticipated economic costs to persons required to comply with the proposed amendment.
LOCAL EMPLOYMENT IMPACT STATEMENT. The proposal has no impact on local economy; therefore, no local employment impact statement under Government Code, §2001.022 is required.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT STATEMENT. There will be no adverse economic effect on small businesses, micro-businesses, or rural communities; therefore, a regulatory flexibility analysis under Government Code, §2006.002 is not required.
COST INCREASE TO REGULATED PERSONS. The proposed amendment does not impose or increase a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the commission is not required to take any further action under Government Code, §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT. In compliance with Texas Gov't Code §2001.0221, the commission provides the following government growth impact statement. For each year of the first five years the proposed amendment will be in effect, the commission has determined the following:
1. The rule as proposed for amendment will not create or eliminate a government program;
2. Implementation of the rule as proposed for amendment will not require the creation of new employee positions or the elimination of existing employee positions;
3. Implementation of the rule as proposed for amendment will not require an increase or decrease in future legislative appropriations to the commission;
4. The proposal will not require an increase or decrease in fees paid to the commission;
5. The proposal will not create a new regulation;
6. The proposal will not expand, limit, or repeal an existing regulation;
7. The proposal will not increase the number of individuals subject to the proposed rules' applicability; and
8. The proposal will not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT. No private real property interests are affected by this proposal, and the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action. Therefore, the proposed amendment does not constitute a taking under Texas Gov't Code §2007.043.
REQUEST FOR PUBLIC COMMENT. Written comments on the proposed amendments and new rules may be submitted to Jelain Chubb, State Archivist, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas, 78711 or via email at rules@tsl.texas.gov. To be considered, a written comment must be received no later than 30 days from the date of publication in the Texas Register.
STATUTORY AUTHORITY. The amendment is proposed 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, paying particular attention to the maintenance, storage, and protection of archival and vital state records; §441.193, which authorizes the commission to adopt rules regarding public access to the archival state records and other historical resources in the possession of the commission; and §441.186, which authorizes the state archivist to remove the designation of a state record as an archival state record and permit destruction of the record under rules adopted under Chapter 441, Subchapter L.
CROSS REFERENCE TO STATUTE. Government Code, Chapter 441, Subchapter L, Preservation and Management of State Records and Other Historical Resources.
§10.4.Reappraisal and Deaccessioning of Items.
(a) The commission recognizes the need for periodic reevaluations and thoughtful selection necessary for the growth and proper care of collections. To maintain the integrity of the State Archives holdings, items may be reappraised by staff to determine if they still meet professional appraisal criteria and comply with the agency's acquisition policy. Items that do not meet professional appraisal criteria and are not in compliance will be considered for deaccession.
(b) Deaccession may be appropriate for items:
(1) That were never appraised or are not subject to archival review according to the creating agency's approved records retention schedule;
(2) Whose retention period has changed from permanent to nonpermanent according to the creating agency's approved records retention schedule;
(3) That are duplicates of other items in the State Archives if such duplicates are found in records of a separate state agency or in a separate non-state agency collection;
(4) That are reproductions of archival materials owned by other individuals or repositories;
(5) Whose condition has deteriorated to a point that they are unstable or endanger staff or other items;
(6) The agency cannot properly access or store;
(7) That are permanently closed, in whole or in part, by the creating agency;
(8) That do not meet the requirements of the agency's current acquisition policy; or
(9) Approved on a case-by-case basis for deaccession for other reasons not listed above.
(c) Items may only be deaccessioned if a majority of the Deaccession Workgroup votes to recommend deaccession and the state archivist approves. The state archivist will notify the director and librarian prior to final approval of deaccessioning of items.
(d) The agency will determine the appropriate method by which to dispose of a deaccessioned item, which may include, but is not limited to the following:
(1) Items may be transferred to a repository with an appropriate collecting scope;
(2) Items that are state records will be destroyed by the agency;
(3) For any other non-government records, the agency will make a reasonable effort to locate the original donor to return the deaccessioned item, unless the donor claimed a charitable donation tax deduction. To return a donated item to the original donor:
(A) Donor(s) must sign a written acknowledgment attesting to the fact that a tax deduction was not claimed;
(B) If the donor is deceased, any claimant requesting return in lieu of the donor must present a notarized statement that he/she is either the sole party at interest or authorized to represent all parties at interest, along with providing supporting proof; and
(C) If the original donor cannot be located, these items may be offered to another repository or destroyed;
(4) Any item whose condition could endanger individuals or other items will be destroyed; and
(5) The sale of any deaccessioned materials will be approved by the Commission and the funds will be used to preserve state archival records and other historical resources and to make the records and resources available for research.
(e) If an item or collection of items approved for deaccession has been logged in the accession log as "on loan" to the agency or has unknown provenance, staff will follow the procedures in Property Code, Chapter 80 (relating to Ownership, Conservation, and Disposition of Property Loaned to Museum) regarding ultimate disposition of the item or items.
(f) Upon deaccession, the agency relinquishes title to the object or collection, except in the case of theft or loss. If deaccessioning is due to theft or loss, the agency will retain title to the item for the state in case it is ever recovered.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on November 9, 2023.
TRD-202304151
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Earliest possible date of adoption: December 24, 2023
For further information, please call: (512) 463-5460