Bill Text: TX SB618 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the continuation and functions of the Texas State Library and Archives Commission.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2019-03-01 - Referred to Business & Commerce [SB618 Detail]
Download: Texas-2019-SB618-Introduced.html
86R4460 SRA-D | ||
By: Hall, et al. | S.B. No. 618 |
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relating to the continuation and functions of the Texas State | ||
Library and Archives Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 441.001(q), Government Code, is amended | ||
to read as follows: | ||
(q) The Texas State Library and Archives Commission is | ||
subject to Chapter 325 (Texas Sunset Act). Unless continued in | ||
existence as provided by that chapter, the commission is abolished | ||
September 1, 2031 [ |
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SECTION 2. Section 441.0011, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (d) to read as | ||
follows: | ||
(b) The training program must provide the person with | ||
information regarding: | ||
(1) the law governing [ |
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commission operations; | ||
(2) the programs, functions, rules, and budget of the | ||
commission; | ||
(3) the scope of and limitations on the rulemaking | ||
authority of the commission; | ||
(4) the results of the most recent formal audit of the | ||
commission; | ||
(5) [ |
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(A) laws relating to open meetings, public | ||
information, administrative procedure, and disclosing conflicts of | ||
interest; and | ||
(B) other laws applicable to members of a state | ||
policymaking body in performing their duties; and | ||
(6) [ |
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the commission or the Texas Ethics Commission. | ||
(d) The director and librarian shall create a training | ||
manual that includes the information required by Subsection (b). | ||
The director and librarian shall distribute a copy of the training | ||
manual annually to each member of the commission. Each member of | ||
the commission shall sign and submit to the director and librarian a | ||
statement acknowledging that the member received and has reviewed | ||
the training manual. | ||
SECTION 3. Section 441.006(b), Government Code, is amended | ||
to read as follows: | ||
(b) The commission may: | ||
(1) purchase, as state property, any suitable book, | ||
picture, or similar item, within the limits of the annual | ||
legislative appropriation; | ||
(2) receive a donation or gift of money, property, or | ||
services on any terms and conditions it considers proper as long as | ||
the state does not incur financial liability; | ||
(3) accept, receive, and administer federal funds made | ||
available by grant or loan to improve the public libraries of this | ||
state; | ||
(4) contract or agree with the governing body or head | ||
of a county, city, or town of this state to meet the terms | ||
prescribed by the United States and consistent with state law for | ||
the expenditure of federal funds for improving public libraries; | ||
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(5) participate in the establishment and operation of | ||
an affiliated nonprofit organization whose purpose is to raise | ||
funds for or provide services or other benefits to the commission; | ||
and | ||
(6) use general revenue, grants, donations, gifts, | ||
and, if authorized by federal law, federal funds to advertise and | ||
promote commission programs and increase participation in and | ||
awareness of those programs. | ||
SECTION 4. Subchapter A, Chapter 441, Government Code, is | ||
amended by adding Section 441.0065 to read as follows: | ||
Sec. 441.0065. ADVISORY COMMITTEES. (a) The commission | ||
may establish an advisory committee to make recommendations to the | ||
commission on programs, rules, and policies affecting the delivery | ||
of information services in the state. | ||
(b) In establishing an advisory committee under this | ||
section, the commission shall adopt rules regarding: | ||
(1) the purpose, role, responsibility, and goals of | ||
the committee; | ||
(2) the size and quorum requirement of the committee; | ||
(3) qualifications for committee membership; | ||
(4) appointment procedures for members; | ||
(5) terms of service for members; | ||
(6) training requirements for members; | ||
(7) a periodic review process to evaluate the | ||
continuing need for the committee; and | ||
(8) a requirement that committee meetings be open to | ||
the public. | ||
SECTION 5. Sections 441.0945(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) A county record may be destroyed if the record is listed | ||
on a valid [ |
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period has expired or it has been microfilmed or stored | ||
electronically in accordance with applicable law. | ||
(b) The retention period of a record as listed on [ |
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least as long as [ |
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record established on a records retention schedule issued by the | ||
commission [ |
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SECTION 6. Sections 441.095(d) and (e), Government Code, | ||
are amended to read as follows: | ||
(d) A custodian may dispose of a county record that is not | ||
listed on a records retention schedule issued by the commission if, | ||
not [ |
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destroyed, the custodian files and records [ |
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a notice with the county clerk. The notice must indicate the record | ||
to be destroyed, how it is to be destroyed, and the date of its | ||
destruction. On the day the notice is filed, the county clerk shall | ||
post a copy of it in the same manner that a notice of a meeting is | ||
posted under Chapter 551. | ||
(e) The custodian may destroy the record at any time after | ||
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notice required by Subsection (d) has been posted for 10 days by the | ||
county clerk. | ||
SECTION 7. Section 441.153, Government Code, is amended by | ||
amending Subsection (f) and adding Subsection (g) to read as | ||
follows: | ||
(f) Except as otherwise provided by Subsection (g), title | ||
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commission remains with the commission, and the historical | ||
resources may not be intermingled with other holdings of the | ||
institution that serves as a depository. | ||
(g) A depository may apply to the commission to transfer to | ||
the depository title to local historical resources placed in the | ||
depository by the commission. The commission shall approve the | ||
application only if the transfer of title is in the state's best | ||
interest. The commission, in consultation with depositories, shall | ||
adopt rules providing an application procedure and standards for | ||
evaluating applications to transfer title to local historical | ||
resources to depositories. This subsection does not authorize the | ||
commission to transfer title to state historical resources. | ||
SECTION 8. Subchapter L, Chapter 441, Government Code, is | ||
amended by adding Sections 441.1815, 441.1935, 441.1936, 441.1965, | ||
and 441.206 to read as follows: | ||
Sec. 441.1815. STATE ARCHIVES STRATEGIC PLAN. The | ||
commission, with input from interested persons, shall develop and | ||
implement a comprehensive strategic plan regarding the state | ||
archives. The commission shall update the strategic plan at least | ||
once every five years. The strategic plan must include: | ||
(1) an assessment of any current archives backlog; | ||
(2) a prioritized list of projects and goals related | ||
to the state archives; | ||
(3) an evaluation of the resources needed to achieve | ||
the commission's goals related to the state archives, including the | ||
impact that different amounts of those resources are expected to | ||
have on the commission's ability to achieve those goals; | ||
(4) performance measures, targets, and timeframes for | ||
achieving the commission's goals related to the state archives; | ||
(5) a mechanism for regular reporting to the | ||
commission on progress toward achieving the commission's goals | ||
related to the state archives; and | ||
(6) opportunities and standards for entering into | ||
collaborative agreements with interested persons regarding the | ||
state archives. | ||
Sec. 441.1935. REQUIREMENTS FOR REQUESTS FOR INFORMATION | ||
HELD BY STATE ARCHIVES PROGRAM. (a) The commission shall | ||
promulgate a form that persons must use to request access to | ||
information held by the state archives program. The form must allow | ||
the requestor to designate the request as either a request for | ||
public information made under Chapter 552 or as a research request | ||
not subject to the requirements of that chapter. The form must | ||
include: | ||
(1) a plain-language explanation of the difference | ||
between a request for public information made under Chapter 552 and | ||
a research request not subject to the requirements of that chapter; | ||
(2) the requirements for making and responding to each | ||
type of request; and | ||
(3) an option for the requestor to change the type of | ||
request at any time. | ||
(b) Notwithstanding any other law, a request for | ||
information held by the state archives program is considered to be a | ||
request for public information under Chapter 552 only if the | ||
requestor makes the request using the form described by Subsection | ||
(a) and on the form designates the request as a request for public | ||
information under Chapter 552. | ||
Sec. 441.1936. ELECTION TO DISCLOSE LEGISLATIVE | ||
CORRESPONDENCE. (a) The commission shall promulgate a form that a | ||
member of the legislature or lieutenant governor may use before | ||
leaving office to elect to disclose records described by Section | ||
306.003, communications described by Section 306.004, or | ||
communications, information, advice, or opinions described by | ||
Section 323.017 created or received during the member's or | ||
lieutenant governor's term of office. The form must include a | ||
plain-language description of state law relating to | ||
confidentiality of that information and the effects of electing to | ||
disclose that information. | ||
(b) The commission by rule shall adopt policies and | ||
procedures relating to distributing, collecting, and reviewing | ||
forms described by Subsection (a). The rule must describe the roles | ||
and responsibilities of the commission, house and senate records | ||
management officers, and the offices of members of the legislature | ||
and lieutenant governor in making elections described by Subsection | ||
(a). | ||
(c) The commission shall maintain the confidentiality of | ||
information described by Subsection (a) unless the appropriate | ||
member of the legislature or lieutenant governor elects to disclose | ||
the information. | ||
Sec. 441.1965. SALE OF REPLICAS FROM STATE ARCHIVES. (a) | ||
The commission may sell replicas of archival state records and | ||
other historical resources in its custody subject to the approval | ||
of the commission. | ||
(b) Money received from the sale of replicas under | ||
Subsection (a) shall be deposited in the general revenue fund and | ||
may be appropriated only to the commission for the purposes of | ||
preservation, digitization, archives information services, and | ||
education. | ||
Sec. 441.206. RECORDS OF MEMBER OF LEGISLATURE. (a) A | ||
member of the legislature may apply to the commission to place | ||
records of the member's legislative office created or received | ||
during the member's term of office in a depository other than the | ||
Texas State Library and Archives. | ||
(b) The commission shall: | ||
(1) create a list of preapproved depositories in which | ||
members of the legislature may place records of their legislative | ||
offices, including regional historical resource depositories | ||
described by Section 441.153; and | ||
(2) by rule adopt policies and procedures to approve | ||
additional depositories. | ||
(c) Ownership of records described by Subsection (a) placed | ||
in a depository other than the Texas State Library and Archives | ||
remains with the commission. The records may not be intermingled | ||
with other holdings of the institution that serves as a depository. | ||
SECTION 9. Section 202.001(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) A local government record may be destroyed if: | ||
(1) the record is listed on a valid records control | ||
schedule [ |
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expired or it has been microfilmed or stored electronically in | ||
accordance with the requirements of Chapters 204 and 205; | ||
(2) the record appears on a list of obsolete records | ||
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203.044; or | ||
(3) the [ |
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SECTION 10. Section 203.002, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 203.002. DUTIES AND RESPONSIBILITIES OF ELECTED COUNTY | ||
OFFICERS AS RECORDS MANAGEMENT OFFICERS. The elected county | ||
officer shall: | ||
(1) develop policies and procedures for the | ||
administration of an active and continuing records management | ||
program; | ||
(2) administer the records management program so as to | ||
reduce the costs and improve the efficiency of recordkeeping; | ||
(3) [ |
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records that are of permanent value; | ||
(4) [ |
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the essential records of the office; | ||
(5) [ |
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microfilming, destruction, or other disposition of records is | ||
carried out in accordance with the policies and procedures of the | ||
records management program and the requirements of this subtitle | ||
and rules adopted under it; and | ||
(6) [ |
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of statewide records management surveys. | ||
SECTION 11. Sections 203.005(d), (f), and (g), Local | ||
Government Code, are amended to read as follows: | ||
(d) A plan establishing or relating to a records management | ||
program adopted before September 1, 1989, must be amended if any | ||
provision of the plan is in conflict with this subtitle or a rule | ||
adopted under it. [ |
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(f) The director and librarian or the designee of the | ||
director and librarian shall within a reasonable time bring to the | ||
attention of the elected county officer in writing any aspect of a | ||
plan [ |
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that is inconsistent with requirements of this subtitle or rules | ||
adopted under it. | ||
(g) An elected county officer is authorized, instead of or | ||
in conjunction with adopting [ |
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an independent records program for the elective office, to | ||
participate in a county program established as provided by | ||
Subchapter B or in one or more specific components of a county | ||
program and to authorize the records management officer of the | ||
county program to act as the records management officer for the | ||
records of the elective office. | ||
SECTION 12. Section 203.023, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 203.023. DUTIES OF RECORDS MANAGEMENT OFFICER. The | ||
records management officer in each local government shall: | ||
(1) assist in establishing and developing policies and | ||
procedures for a records management program for the local | ||
government; | ||
(2) administer the records management program and | ||
provide assistance to custodians for the purposes of reducing the | ||
costs and improving the efficiency of recordkeeping; | ||
(3) in cooperation with the custodians of the | ||
records,[ |
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required by Section 203.041 and the list of obsolete records as | ||
provided by Section 203.044[ |
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(4) in cooperation with custodians, identify and take | ||
adequate steps to preserve local government records that are of | ||
permanent value; | ||
(5) in cooperation with custodians, identify and take | ||
adequate steps to protect essential local government records; | ||
(6) in cooperation with custodians, ensure that the | ||
maintenance, preservation, microfilming, destruction, or other | ||
disposition of records is carried out in accordance with the | ||
policies and procedures of the local government's records | ||
management program and the requirements of this subtitle and rules | ||
adopted under it; | ||
(7) disseminate to the governing body and custodians | ||
information concerning state laws, administrative rules, and the | ||
policies of the government relating to local government records; | ||
and | ||
(8) in cooperation with custodians, establish | ||
procedures to ensure that the handling of records in any context of | ||
the records management program by the records management officer or | ||
those under the officer's authority is carried out with due regard | ||
for: | ||
(A) the duties and responsibilities of | ||
custodians that may be imposed by law; and | ||
(B) the confidentiality of information in | ||
records to which access is restricted by law. | ||
SECTION 13. Sections 203.026(d) and (f), Local Government | ||
Code, are amended to read as follows: | ||
(d) An ordinance or order establishing or relating to a | ||
records management program adopted before September 1, 1989, must | ||
be amended if any provision of the ordinance or order is in conflict | ||
with this subtitle or a rule adopted under it. [ |
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(f) The director and librarian or the designee of the | ||
director and librarian shall within a reasonable time bring to the | ||
attention of the governing body in writing any aspect of an | ||
ordinance or order [ |
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director and librarian that is inconsistent with the requirements | ||
of this subtitle or rules adopted under it. | ||
SECTION 14. The heading to Section 203.041, Local | ||
Government Code, is amended to read as follows: | ||
Sec. 203.041. PREPARATION [ |
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SCHEDULES. | ||
SECTION 15. Sections 203.041(a), (c), (d), (f), and (g), | ||
Local Government Code, are amended to read as follows: | ||
(a) On or before January 4, 1999, the records management | ||
officer shall prepare [ |
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records and establishing a retention period for each as provided by | ||
Section 203.042: | ||
(1) [ |
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government or elective county office; | ||
(2) [ |
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the local government or elective county office that is still in its | ||
possession and for which the retention period on a records | ||
retention schedule issued by the commission has not expired; and | ||
(3) [ |
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the local government or elective county office that is still in its | ||
possession and for which the retention period on a records | ||
retention schedule issued by the commission has expired but which | ||
will not be destroyed as provided by Section 203.044[ |
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(c) A records management officer, in lieu of preparing | ||
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minimum requirements established on records retention schedules | ||
issued by the commission including any revised schedules issued by | ||
the commission. | ||
(d) The records management officer shall review the records | ||
control schedules of the local government or elective county office | ||
and prepare amendments to the schedules as needed to reflect new | ||
records created or received by the government or office or | ||
revisions to retention periods established in a records retention | ||
schedule issued by the commission. [ |
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(f) Records control schedules may be prepared [ |
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office-by-office basis or on a department-by-department basis | ||
within each office. | ||
(g) A local government that intends to retain all records | ||
permanently or that destroys only those records for which no | ||
retention periods have been established in a records retention | ||
schedule established under Section 441.158, Government Code, is not | ||
required to prepare [ |
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section. | ||
SECTION 16. Section 204.007(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) The [ |
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original of a record that has been microfilmed pursuant to this | ||
chapter and rules adopted under it may be destroyed before the | ||
expiration of its retention period on a records retention schedule | ||
issued by the commission. | ||
SECTION 17. Sections 205.008(a) and (c), Local Government | ||
Code, are amended to read as follows: | ||
(a) The source document, if any, for electronically stored | ||
local government record data covered by rules adopted under Section | ||
205.003(a) [ |
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who filed it for record [ |
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(c) The source document, if any, for electronically stored | ||
local government record data not covered by rules adopted under | ||
Section 205.003(a) [ |
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expiration of the retention period for the source document in a | ||
records retention schedule issued by the commission if the magnetic | ||
tape, optical disk, or similar medium and hardware and software | ||
necessary to provide access to local government record data on the | ||
media are retained for the retention period in the schedule. | ||
Conversely, the magnetic tape, optical disk, or similar medium may | ||
be erased, written over, or destroyed before the expiration of the | ||
retention period for a source document for local government record | ||
data not covered by rules adopted under Section 205.003(a) | ||
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expiration of its retention period or, if the source document has | ||
already been destroyed, paper or microfilm copies are generated | ||
from the magnetic tape, optical disk, or similar medium before | ||
destruction or erasure and retained until the expiration of the | ||
retention period for the source document. | ||
SECTION 18. (a) The following provisions of the Government | ||
Code are repealed: | ||
(1) Section 441.094(e); | ||
(2) Section 441.0945(c); | ||
(3) Sections 441.095(a), (b), and (c); and | ||
(4) Section 441.167. | ||
(b) The following provisions of the Local Government Code | ||
are repealed: | ||
(1) Sections 203.005(c) and (e); | ||
(2) Sections 203.026(c) and (e); | ||
(3) Section 203.041(h); | ||
(4) Section 203.042(c); | ||
(5) Section 203.043; | ||
(6) Sections 203.044(c) and (d); and | ||
(7) Sections 203.045, 204.008, and 205.007. | ||
SECTION 19. (a) Except as provided by Subsection (b) of | ||
this section, Section 441.0011, Government Code, as amended by this | ||
Act, applies to a member of the Texas State Library and Archives | ||
Commission who is appointed before, on, or after the effective date | ||
of this Act. | ||
(b) A member of the Texas State Library and Archives | ||
Commission who, before the effective date of this Act, completed | ||
the training program required by Section 441.0011, Government Code, | ||
as that law existed before the effective date of this Act, is only | ||
required to complete additional training on the subjects added by | ||
this Act to the training program required by Section 441.0011, | ||
Government Code. A commission member described by this subsection | ||
may not vote, deliberate, or be counted as a member in attendance at | ||
a meeting of the commission held on or after December 1, 2019, until | ||
the member completes the additional training. | ||
(c) Not later than March 1, 2020, the Texas State Library | ||
and Archives Commission shall promulgate a form as required by | ||
Section 441.1935, Government Code, as added by this Act. | ||
(d) Not later than September 1, 2020, the Texas State | ||
Library and Archives Commission shall: | ||
(1) adopt rules providing an application process and | ||
standards for transfer of title to local historical resources under | ||
Section 441.153(g), Government Code, as added by this Act; | ||
(2) develop a strategic plan for the state archives | ||
program as required by Section 441.1815, Government Code, as added | ||
by this Act; | ||
(3) create a list of preapproved depositories and | ||
adopt rules for approving additional depositories as required by | ||
Section 441.206, Government Code, as added by this Act; and | ||
(4) promulgate a form and adopt rules relating to the | ||
procedure for electing to disclose legislative correspondence as | ||
required by Section 441.1936, Government Code, as added by this | ||
Act. | ||
(e) Rules adopted under Section 441.206, Government Code, | ||
as added by this Act, apply only to a member of the legislature | ||
leaving office after September 1, 2020. | ||
SECTION 20. This Act takes effect September 1, 2019. |