H.B. No. 2473




AN ACT
relating to certain state publications maintained by the Texas State Library and Archives Commission. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 441.101(2) and (4), Government Code, are amended to read as follows: (2) "Depository library" means the Texas State Library, the Legislative Reference Library, the Library of Congress, the Center for Research Libraries, or any other library that the commission designates as a site for retaining and allowing public access to state publications [depository library]. (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; or (iii) members of the public under a request made under the open records law, Chapter 552. SECTION 2. Section 441.102(c), Government Code, is amended to read as follows: (c) The commission shall establish and maintain a system, named the "Texas Records and Information Locator," or "TRAIL," to allow electronic access, including access through the Internet, at the Texas State Library and other depository libraries to state publications [in an electronic format] that have been made available to the public through the Internet by or on behalf of a state agency. SECTION 3. Section 441.103, Government Code, is amended by amending Subsections (a) and (b) and adding Subsections (f) and (g) to read as follows: (a) A state agency shall designate one or more staff persons as agency publications liaisons [contact persons] and shall notify the Texas State Library of those persons' identities. A publications liaison [contact person] shall maintain a record of the agency's state publications and shall furnish to the Texas State Library a list of the agency's new state publications as they become available. (b) A state agency shall furnish copies of its state publications that exist in a physical format to the Texas State Library in the number specified by commission rules. On the creation [printing] of or awarding of a contract for the production [printing] of a publication in a physical format, a state agency shall arrange for the required number of copies to be deposited with the Texas State Library. The commission may not require more than 75 copies of a [printed] state publication in a physical format. (f) A state agency shall include, for any of its publications available on the Internet, identifying and descriptive information about the publication as specified by commission and Department of Information Resources rules. (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. The commission may not require more than 75 copies of the publication. SECTION 4. 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, [and] retain, and provide access to state publications; (2) collect state publications and distribute them to depository libraries; (3) establish a [microform] program for the preservation and management of state publications and make available state publications in alternative formats [microform] 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 [in an electronic format] and make the index available through the Internet [in an electronic format]; and (8) [provide on-line access to state publications that can be accessed on-line; and [(9)] provide other depository libraries appropriate access, at no charge, to state publications available in an electronic format. SECTION 5. Section 441.106, Government Code, is amended to read as follows: Sec. 441.106. PAYMENT FOR PRINTING OF STATE PUBLICATIONS. If a state agency's printing is done by contract, an account for the printing may not be approved and a warrant may not be issued unless the agency first furnishes to the Texas Building and Procurement [State Purchasing and General Services] Commission a receipt from the state librarian for the publication or a written waiver from the state librarian exempting the publication from this subchapter. SECTION 6. This Act takes effect September 1, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2473 was passed by the House on May 9, 2005, by a non-record vote. ______________________________ Chief Clerk of the House I certify that H.B. No. 2473 was passed by the Senate on May 25, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor