Texas 2009 - 81st Regular

Texas House Bill HB4326 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R4574 CS-D
2	2	By: Strama H.B. No. 4326
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the online availability of state agency reports
8	8	required by law.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 441.101(4), Government Code, is amended
11	11	to read as follows:
12	12	(4) "State publication":
13	13	(A) means information in any format, including
14	14	materials in a physical format or in an electronic format, that:
15	15	(i) is produced by the authority of or at
16	16	the total or partial expense of a state agency or is required to be
17	17	distributed under law by the agency; and
18	18	(ii) is publicly distributed outside the
19	19	agency by or for the agency; and
20	20	(B) does not include information the
21	21	distribution of which is limited to:
22	22	(i) contractors with or grantees of the
23	23	agency;
24	24	(ii) persons within the agency or within
25	25	other government agencies, except the term does include information
26	26	that is required by law to be distributed to the legislature or to
27	27	the presiding officers of the legislature; or
28	28	(iii) members of the public under a request
29	29	made under the open records law, Chapter 552.
30	30	SECTION 2. Section 441.103, Government Code, is amended by
31	31	amending Subsections (c) and (g) and adding Subsection (h) to read
32	32	as follows:
33	33	(c) On the release of a state publication in an electronic
34	34	format and for the purpose of further distribution of the
35	35	publication, a state agency shall provide the Texas State Library:
36	36	(1) on-line access to the publication; [or]
37	37	(2) copies of the publication on an electronic storage
38	38	device in the number of copies prescribed by the commission but not
39	39	to exceed 75; or
40	40	(3) a copy of the publication in an electronic format
41	41	consistent with Section 2052.0021(c) if the publication is a report
42	42	required by law.
43	43	(g) If an electronic state publication is not printed or
44	44	available from the state agency's website, the state agency shall
45	45	furnish the Texas State Library copies in a manner prescribed by
46	46	commission rules, except that the state agency shall provide
47	47	reports required by law in an electronic format consistent with
48	48	Section 2052.0021(c). The commission may not require more than 75
49	49	printed copies of the publication.
50	50	(h) A state agency shall make available to the commission in
51	51	an electronic format consistent with Section 2052.0021(c) each
52	52	report required by law.
53	53	SECTION 3. Section 441.104, Government Code, is amended to
54	54	read as follows:
55	55	Sec. 441.104. DUTIES OF TEXAS STATE LIBRARY. The Texas
56	56	State Library shall:
57	57	(1) acquire, organize, retain, and provide access to
58	58	state publications;
59	59	(2) collect state publications and distribute them to
60	60	depository libraries;
61	61	(3) establish a program for the preservation and
62	62	management of state publications and make available state
63	63	publications in alternative formats to depository libraries and
64	64	other libraries at a reasonable cost;
65	65	(4) periodically issue a list of all state
66	66	publications that it has received in a physical format to all
67	67	depository libraries and other libraries on request;
68	68	(5) catalog, classify, and index all state
69	69	publications that it receives and distribute the cataloging,
70	70	classification, and indexing information to depository libraries
71	71	and to other libraries on request;
72	72	(6) ensure that state publications are fully
73	73	represented in regional and national automated library networks;
74	74	(7) index all state publications that are available
75	75	through the Internet and make the index available through the
76	76	Internet; [and]
77	77	(8) provide other depository libraries appropriate
78	78	access, at no charge, to state publications available in an
79	79	electronic format; and
80	80	(9) establish and maintain an index of all current
81	81	state agency reports required by law and provide electronic access
82	82	to both the index and the text of the reports through a link on the
83	83	home page of the Texas Records and Information Locator (TRAIL)
84	84	established under Section 441.102(c).
85	85	SECTION 4. Section 441.105, Government Code, is amended to
86	86	read as follows:
87	87	Sec. 441.105. EXEMPT PUBLICATIONS. The state librarian may
88	88	specifically exempt a publication or a distribution format from
89	89	this subchapter, except the state librarian may not exempt a report
90	90	required by law that is governed by Section 441.103(h).
91	91	SECTION 5. This Act takes effect January 1, 2010.