86R20816 SRA-D
By: Lambert H.B. No. 1962
Substitute the following for H.B. No. 1962:
By: Cyrier C.S.H.B. No. 1962
A BILL TO BE ENTITLED
AN ACT
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 [2019].
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 [legislation that created the]
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) [(4)] the requirements of:
(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) [(5)] any applicable ethics policies adopted by
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;
[and]
(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 [the] records schedule and implementation plan [accepted
for filing by the director and librarian] and either its retention
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 [director
and librarian or a person on the staff of the director and librarian
may reject] the records schedule and implementation plan must be at
least as long as [for a record if the retention period of the record
as listed on the plan is less than] the retention period for the
record established on a records retention schedule issued by the
commission [by the county records manual. If the plan is rejected,
the director and librarian or staff person shall file with the
custodian the rejected schedule and a statement of the reasons for
rejection not later than the 30th day after the date the director
and librarian or staff person received the records schedule and
implementation plan. If a schedule is rejected under this
subsection, the custodian may submit an amended schedule].
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 [Not] later than the 10th day before the date the [a] record is
destroyed, the custodian files and records [shall file and record]
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
[the director and librarian has approved the destruction and] the
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
[Title] to historical resources placed in a depository by the
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. Section 441.167, Government Code, is amended to
read as follows:
Sec. 441.167. ASSISTANCE [STATUTORY FILING] AND
INFORMATION [REVIEW]. The director and librarian may designate
employees of the commission to provide assistance and information
to local governments on records management issues under [act as
deputies in the approval or disapproval or acceptance or rejection
for filing of any records control schedule, destruction
authorization request, electronic storage authorization request,
or other statutory filing required by] Subtitle C, Title 6, Local
Government Code, or rules adopted under it.
SECTION 9. Subchapter J, Chapter 441, Government Code, is
amended by adding Section 441.169 to read as follows:
Sec. 441.169. DUTIES OF LOCAL GOVERNMENTS. Each local
government shall:
(1) submit to the director and librarian the name of
the local government's records management officer identified under
Section 203.001, Local Government Code, or designated under Section
203.025, Local Government Code, and the name of the new officer in
the event of a change;
(2) file a plan or an ordinance or order establishing a
records management program and any amendments to the plan or
ordinance or order with the director and librarian as required by
Sections 203.005 and 203.026, Local Government Code;
(3) notify the commission at least 10 days before
destroying a local government record that does not appear on a
records retention schedule issued by the commission; and
(4) file with the director and librarian a written
certification as provided by Section 203.041, Local Government
Code, that the local government has prepared a records control
schedule that:
(A) establishes a retention period for each local
government record as required by Subchapter C, Chapter 203, Local
Government Code; and
(B) complies with a local government records
retention schedule distributed by the director and librarian under
Section 441.158 and any other state and federal requirements.
SECTION 10. Subchapter L, Chapter 441, Government Code, is
amended by adding Sections 441.1815, 441.1935, 441.1965, 441.206,
441.207, and 441.208 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. 441.1965. 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. ARCHIVAL LEGISLATIVE RECORDS. (a) Except as
otherwise provided by this section, the commission shall preserve
archival state records of the legislature in the same manner as
other archival state records under Section 441.181.
(b) Notwithstanding Section 441.181(a), Section
441.193(a), or other law, the legislative entity that transferred
the state records to the commission retains ownership and legal
custody of the records held by the state archives program,
including records placed in a depository outside the Texas State
Library and Archives. The legislative entity may retrieve the
records for the legislature's use. The commission shall assist the
legislative entity with retrieval of the records and shall return
the records to the state archives program following the
legislature's use.
(c) The commission shall protect privileged or confidential
legislative state records held by the state archives program from
public disclosure at the direction of the legislative entity that
transferred the records to the commission.
(d) The commission shall receive requests under Chapter 552
for legislative state records held by the state archives program
and respond as directed by the officer for public information of the
legislative entity that transferred the state records to the
commission. The commission shall notify the appropriate officer
for public information as soon as practicable after receiving a
request described by this subsection.
Sec. 441.207. 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) The commission is responsible for the preservation of
records described by Subsection (a) placed in a depository other
than the Texas State Library and Archives. Ownership and legal
custody of the records remain with the legislature as provided by
Section 441.206. The records may not be intermingled with other
holdings of the institution that serves as a depository.
Sec. 441.208. 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.
SECTION 11. 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 [accepted for filing by the director and librarian as
provided by Section 203.041] and either its retention period has
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
[approved by the director and librarian] as provided by Section
203.044; or
(3) the [a destruction request is filed with and
approved by the director and librarian as provided by Section
203.045 for a] record is not listed on a records retention [an
approved control] schedule issued by the commission and the local
government provides notice to the commission at least 10 days
before destroying the record as required by Section 441.169,
Government Code.
SECTION 12. 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) [prepare and file with the director and librarian
the records control schedules and amended schedules required by
Section 203.041 and the list of obsolete records as provided by
Section 203.044;
[(4) prepare requests for authorization to destroy
records not on an approved control schedule as provided by Section
203.045, requests to destroy the originals of permanent records
that have been microfilmed as provided by Section 204.008, and
electronic storage authorization requests as provided by Section
205.007;
[(5)] identify and take adequate steps to preserve
records that are of permanent value;
(4) [(6)] identify and take adequate steps to protect
the essential records of the office;
(5) [(7)] ensure that the maintenance, preservation,
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) [(8)] cooperate with the commission in its conduct
of statewide records management surveys.
SECTION 13. 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,[:
[(A)] prepare [and file with the director and
librarian] the records control schedules and amended schedules
required by Section 203.041 and the list of obsolete records as
provided by Section 203.044[; and
[(B) prepare or direct the preparation of
requests for authorization to destroy records not on an approved
control schedule as provided by Section 203.045, of requests to
destroy the originals of permanent records that have been
microfilmed as provided by Section 204.008, and of electronic
storage authorization requests as provided by Section 205.007];
(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 14. The heading to Section 203.041, Local
Government Code, is amended to read as follows:
Sec. 203.041. PREPARATION [AND FILING] OF RECORDS CONTROL
SCHEDULES.
SECTION 15. Sections 203.041(a), (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 and file with the director and librarian]:
(1) prepare a records control schedule listing the
following records and establishing a retention period for each as
provided by Section 203.042:
(A) all records created or received by the local
government or elective county office;
(B) any record no longer created or received by
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
(C) any record no longer created or received by
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; and [or]
(2) [the records management officer, in lieu of filing
a records control schedule, may] file with the director and
librarian a written certification of compliance that the local
government or the elective county office has adopted records
control schedules that comply with the minimum requirements
established on records retention 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. The records management officer
shall file with the director and librarian a written certification
of compliance that the local government or the elective county
office has amended the records control schedules to comply with the
minimum requirements established on records retention schedules
issued by the commission [Amendments to records control schedules
shall be filed with the director and librarian in the same manner as
the original schedules].
(f) Records control schedules may be prepared [filed] on an
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 [submit] a records control schedule under this
section.
SECTION 16. Section 204.007(a), Local Government Code, is
amended to read as follows:
(a) The [Except as provided by Section 204.008, the]
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) [205.007(a)] may be destroyed or returned to the person
who filed it for record [if the electronic storage authorization
request is approved].
(c) The source document, if any, for electronically stored
local government record data not covered by rules adopted under
Section 205.003(a) [205.007(a)] may be destroyed before the
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)
[205.007(a)], if the source document, if any, is retained until the
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); and
(3) Sections 441.095(a), (b), and (c).
(b) The following provisions of the Local Government Code
are repealed:
(1) Sections 203.041(c) and (h);
(2) Section 203.042(c);
(3) Section 203.043;
(4) Sections 203.044(c) and (d); and
(5) 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 441.207, 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 441.208, Government Code, as added by this Act.
(e) Section 441.206, Government Code, as added by this Act,
applies to an archival record of the legislature transferred to the
Texas State Library and Archives Commission before, on, or after
the effective date of this Act.
(f) Rules adopted under Section 441.207, 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.