81R4574 CS-D
By: Strama H.B. No. 4326
A BILL TO BE ENTITLED
AN ACT
relating to the online availability of state agency reports
required by law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 441.101(4), Government Code, is amended
to read as follows:
(4) "State publication":
(A) means information in any format, including
materials in a physical format or in an electronic format, that:
(i) is produced by the authority of or at
the total or partial expense of a state agency or is required to be
distributed under law by the agency; and
(ii) is publicly distributed outside the
agency by or for the agency; and
(B) does not include information the
distribution of which is limited to:
(i) contractors with or grantees of the
agency;
(ii) persons within the agency or within
other government agencies, except the term does include information
that is required by law to be distributed to the legislature or to
the presiding officers of the legislature; or
(iii) members of the public under a request
made under the open records law, Chapter 552.
SECTION 2. Section 441.103, Government Code, is amended by
amending Subsections (c) and (g) and adding Subsection (h) to read
as follows:
(c) On the release of a state publication in an electronic
format and for the purpose of further distribution of the
publication, a state agency shall provide the Texas State Library:
(1) on-line access to the publication; [or]
(2) copies of the publication on an electronic storage
device in the number of copies prescribed by the commission but not
to exceed 75; or
(3) a copy of the publication in an electronic format
consistent with Section 2052.0021(c) if the publication is a report
required by law.
(g) If an electronic state publication is not printed or
available from the state agency's website, the state agency shall
furnish the Texas State Library copies in a manner prescribed by
commission rules, except that the state agency shall provide
reports required by law in an electronic format consistent with
Section 2052.0021(c). The commission may not require more than 75
printed copies of the publication.
(h) A state agency shall make available to the commission in
an electronic format consistent with Section 2052.0021(c) each
report required by law.
SECTION 3. Section 441.104, Government Code, is amended to
read as follows:
Sec. 441.104. DUTIES OF TEXAS STATE LIBRARY. The Texas
State Library shall:
(1) acquire, organize, retain, and provide access to
state publications;
(2) collect state publications and distribute them to
depository libraries;
(3) establish a program for the preservation and
management of state publications and make available state
publications in alternative formats to depository libraries and
other libraries at a reasonable cost;
(4) periodically issue a list of all state
publications that it has received in a physical format to all
depository libraries and other libraries on request;
(5) catalog, classify, and index all state
publications that it receives and distribute the cataloging,
classification, and indexing information to depository libraries
and to other libraries on request;
(6) ensure that state publications are fully
represented in regional and national automated library networks;
(7) index all state publications that are available
through the Internet and make the index available through the
Internet; [and]
(8) provide other depository libraries appropriate
access, at no charge, to state publications available in an
electronic format; and
(9) establish and maintain an index of all current
state agency reports required by law and provide electronic access
to both the index and the text of the reports through a link on the
home page of the Texas Records and Information Locator (TRAIL)
established under Section 441.102(c).
SECTION 4. Section 441.105, Government Code, is amended to
read as follows:
Sec. 441.105. EXEMPT PUBLICATIONS. The state librarian may
specifically exempt a publication or a distribution format from
this subchapter, except the state librarian may not exempt a report
required by law that is governed by Section 441.103(h).
SECTION 5. This Act takes effect January 1, 2010.