S.B. No. 913
 
 
 
 
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.  Subsections (e) through (k) and (q), Section
  441.001, Government Code, are amended to read as follows:
         (e)  A person may not be [serve as] a member of the commission
  or act as the general counsel to the commission if the person is
  required to register as a lobbyist under Chapter 305 because of the
  person's activities for compensation on behalf of a profession
  related to the operation of the commission.
         (f)  A person may not be a member of the commission and may
  not be a commission employee employed in a "bona fide executive,
  administrative, or professional capacity," as that phrase is used
  for purposes of establishing an exemption to the overtime
  provisions of the federal Fair Labor Standards Act of 1938 (29
  U.S.C. Section 201 et seq.) if:
               (1)  the person is an [An] officer, employee, or paid
  consultant of a Texas trade association in the field of library and
  information science, archives management, or records management;
  or
               (2)  the person's spouse is [may not be a member of the
  commission or employee of the commission who is exempt from the
  state's position classification plan or is compensated at or above
  the amount prescribed by the General Appropriations Act for step 1,
  salary group 17, of the position classification salary schedule.
         [(g)  A person who is the spouse of] an officer, manager, or
  paid consultant of a Texas trade association in the field of library
  and information science, archives management, or records
  management [may not be a member of the commission and may not be an
  employee of the commission who is exempt from the state's position
  classification plan or is compensated at or above the amount
  prescribed by the General Appropriations Act for step 1, salary
  group 17, of the position classification salary schedule].
         (h)  In this section, "[For the purposes of this section, a]
  Texas trade association" means [is] a [nonprofit,] cooperative[,]
  and voluntarily joined statewide association of business or
  professional competitors [or professionals] in this state designed
  to assist its members and its industry or profession in dealing with
  mutual business or professional problems and in promoting their
  common interest.
         (i)  It is a ground for removal from the commission if a
  member:
               (1)  does not have at the time of taking office
  [appointment] the qualifications required by Subsection (a);
               (2)  does not maintain during service on the commission
  the qualifications required by Subsection (a);
               (3)  is ineligible for membership under [violates a
  prohibition established by] Subsection (e) or[,] (f)[, or (g)];
               (4)  cannot, because of illness or disability,
  discharge the member's duties for a substantial part of the member's
  term [for which the member is appointed]; or
               (5)  is absent from more than half of the regularly
  scheduled commission meetings that the member is eligible to attend
  during a calendar year without an excuse approved [unless the
  absence is excused] by majority vote of the commission.
         (j)  The validity of an action of the commission is not
  affected by the fact that it was taken when [at a time] a ground for
  removal of a [member of the] commission member exists [existed].
         (k)  If the director and librarian has knowledge that a
  potential ground for removal exists, the director and librarian
  shall notify the presiding officer of the commission of the
  potential ground. The presiding officer shall then notify the
  governor and the attorney general that a potential ground for
  removal exists. If the potential ground for removal involves the
  presiding officer, the director and librarian shall notify the next
  highest officer of the commission, who shall then notify the
  governor and the attorney general that a potential ground for
  removal exists.
         (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, 2019 [2007].
         SECTION 2.  Section 441.0011, Government Code, is amended to
  read as follows:
         Sec. 441.0011.  TRAINING FOR COMMISSION MEMBERS. (a)  A
  person who is appointed to and qualifies for office as a member of
  the commission may not vote, deliberate, or be counted as a member
  in attendance at a meeting of the commission until the person
  completes a training program that complies with [Before a member of
  the commission may assume the member's duties and before the member
  may be confirmed by the senate, the member must complete at least
  one course of a training program that meets the requirements of]
  this section.
         (b)  The [A] training program must provide the person with
  information [under this section shall provide information to the
  member] regarding:
               (1)  the [enabling] legislation that created the
  commission;
               (2)  the programs, functions, rules, and budget of the
  commission;
               (3)  the results of the most recent formal audit of
  [programs operated by] the commission;
               (4) [(3)]  the requirements of laws relating to open
  meetings, public information, administrative procedure, and
  conflicts of interest [role and functions of the commission]; and
               (5) [(4)     the rules of the commission with an emphasis
  on the rules that relate to disciplinary and investigatory
  authority;
               [(5)  the current budget for the commission;
               [(6)     the results of the most recent formal audit of the
  commission;
               [(7)  the requirements of the:
                     [(A)  open meetings law, Chapter 551;
                     [(B)  open records law, Chapter 552; and
                     [(C)  administrative procedure law, Chapter 2001;
               [(8)     the requirements of the conflict of interest laws
  and other laws relating to public officials; and
               [(9)]  any applicable ethics policies adopted by the
  commission or the Texas Ethics Commission.
         (c)  A person appointed to the commission is entitled to
  reimbursement, as provided by the General Appropriations Act, for
  the travel expenses incurred in attending the training program
  regardless of whether the attendance at the program occurs before
  or after the person qualifies for office.
         SECTION 3.  Subsection (a), Section 441.006, Government
  Code, is amended to read as follows:
         (a)  The commission shall:
               (1)  govern the Texas State Library;
               (2)  adopt policies and rules to aid and encourage the
  development of and cooperation among all types of libraries,
  including public, academic, special, and other types of libraries;
               (3)  aid those studying problems to be dealt with by
  legislation;
               (4)  prepare and make available to the public and
  appropriate state agencies information of public interest
  describing the functions of the commission [and the commission
  procedures by which complaints are filed with and resolved by the
  commission];
               (5)  deposit money paid to the commission under this
  chapter subject to Subchapter F, Chapter 404;
               (6)  give to any person contemplating the establishment
  of a public library advice regarding matters such as maintaining a
  public library, selecting books, cataloging, and managing a
  library;
               (7)  conduct library institutes and encourage library
  associations;
               (8)  take custody of, preserve, and make available for
  public use state records and other historical resources that
  document the history and culture of Texas as a province, colony,
  republic, or state;
               (9)  prepare and make available to the public a
  complete list of every state symbol and place designation,
  including state symbols and place designations made in accordance
  with Chapter 391; and
               (10)  aid and encourage, by adoption of policies and
  programs, the development of effective records management and
  preservation programs in state agencies and the local governments
  of the state[; and
               [(11)     establish by rule methods by which consumers and
  service recipients are notified of the name, mailing address, and
  telephone number of the commission for the purpose of directing
  complaints to the commission].
         SECTION 4.  Subchapter A, Chapter 441, Government Code, is
  amended by adding Sections 441.018 through 441.022 to read as
  follows:
         Sec. 441.018.  COMPLAINTS. (a)  The commission shall
  maintain a system to promptly and efficiently act on complaints
  filed with the commission. The commission shall maintain
  information about parties to the complaint, the subject matter of
  the complaint, a summary of the results of the review or
  investigation of the complaint, and its disposition.
         (b)  The commission shall make information available
  describing its procedures for complaint investigation and
  resolution.
         (c)  The commission shall periodically notify the complaint
  parties of the status of the complaint until final disposition.
         Sec. 441.019.  USE OF TECHNOLOGY. The commission shall
  implement a policy requiring the commission to use appropriate
  technological solutions to improve the commission's ability to
  perform its functions. The policy must ensure that the public is
  able to interact with the commission on the Internet.
         Sec. 441.020.  NEGOTIATED RULEMAKING AND ALTERNATIVE
  DISPUTE RESOLUTION POLICY. (a)  The commission shall develop and
  implement a policy to encourage the use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008 for the adoption of commission rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009 to assist in the resolution of
  internal and external disputes under the commission's
  jurisdiction.
         (b)  The commission's procedures relating to alternative
  dispute resolution must conform, to the extent possible, to any
  model guidelines issued by the State Office of Administrative
  Hearings for the use of alternative dispute resolution by state
  agencies.
         (c)  The commission shall designate a trained person to:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  serve as a resource for any training needed to
  implement the procedures for negotiated rulemaking or alternative
  dispute resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures, as implemented by the commission.
         Sec. 441.021.  PUBLIC SCHOOL LIBRARY STUDY. (a)  The
  commission and the Texas Education Agency shall conduct a joint
  study to identify the needs of public school libraries in this state
  and determine which needs each agency is best suited to address.
         (b)  Not later than December 31, 2008, the commission and the
  Texas Education Agency shall submit a joint written report
  containing the findings of the study and the recommendations of the
  commission and the education agency to the:
               (1)  governor;
               (2)  lieutenant governor;
               (3)  speaker of the house of representatives; and
               (4)  appropriate oversight committees of each house of
  the legislature.
         (c)  This section expires June 1, 2009.
         Sec. 441.022.  COMPLIANCE WITH SUNSET RECOMMENDATIONS.
  (a)  The commission shall:
               (1)  comply with and implement the management action
  recommendations regarding the commission adopted by the Sunset
  Advisory Commission on January 10, 2007, as a result of its review
  of the commission; and
               (2)  report to the Sunset Advisory Commission not later
  than November 1, 2008, the information the Sunset Advisory
  Commission requires regarding the commission's implementation of
  the recommendations under Subdivision (1).
         (b)  This section expires June 1, 2009.
         SECTION 5.  Section 441.135, Government Code, is amended to
  read as follows:
         Sec. 441.135.  GRANTS.  (a)  Using state, federal, or other
  funds, the [The] commission shall establish a program of [state]
  grants within the limitations of funds appropriated by the
  legislature. The commission shall adopt by rule the guidelines for
  awarding grants[, except that any municipal library which lends
  more than 20,000 items per year to nonresidents cannot be denied any
  grant awarded after January 1, 1995, based solely upon the
  provision of services to nonresidents].
         (b)  The program of [state] grants shall include one or more
  of the following:
               (1)  system operation grants, to:
                     (A)  provide basic system support services to
  member libraries;
                     (B)  provide coordination and enable cooperation
  with the commission and with other libraries in a region; and
                     (C)  meet commission and federal goals
  [strengthen major resource system services to member public
  libraries and regional library system services to member libraries,
  including grants to reimburse other libraries for providing
  specialized services to major resource systems and regional library
  systems];
               (2)  incentive grants, to encourage public libraries to
  join together into larger units of service to meet commission and
  federal goals [in order to meet criteria for major resource system
  membership or regional library system membership];
               (3)  establishment grants, to help libraries establish
  consortia or cooperatives that will enable [public] libraries to
  better serve their [that will qualify for major resource system
  membership or regional library system membership in] communities
  [without public library service];
               (4)  equalization grants, to help public libraries in
  communities with relatively limited taxable resources to meet
  commission and federal goals and qualify for [criteria for major
  resource system membership or regional] library system membership;
  [and]
               (5)  public information technology grants, to help
  public libraries make state, local, and federal government
  information that is accessible through the Internet [or electronic
  bulletin board systems] available to the public through computers;
               (6)  competitive grants, to promote innovation by
  public libraries and by libraries described by Section 441.1271(a)
  and to encourage major resource systems or regional library systems
  and libraries to meet commission and federal goals; and
               (7)  grants to aid local libraries, to provide
  assistance to public libraries, and to help those libraries meet
  commission and federal goals [computer terminals at a library].
         SECTION 6.  Subsection (d), Section 441.138, Government
  Code, is amended to read as follows:
         (d)  The commission by rule shall adopt a formula for
  distributing system operation grants [Twenty-five percent of
  system operation grants shall be apportioned equally] among the
  major resource systems and regional library systems. The formula
  must include funding for basic system support services [that are
  operating under commission-approved programs of services, budgets,
  and bylaws or contracts, and the remaining 75 percent of these
  grants shall be apportioned among those systems on a per capita
  basis determined by the most recent decennial census or the most
  recent official population estimate of the U.S. Department of
  Commerce, Bureau of the Census].
         SECTION 7.  Subchapter I, Chapter 441, Government Code, is
  amended by adding Sections 441.1381, 441.1382, and 441.1383 to read
  as follows:
         Sec. 441.1381.  COMPETITIVE GRANTS; SYSTEM OPERATION
  GRANTS. (a)  The commission shall design and implement a
  competitive grant program described by Section 441.135(b)(6) and
  shall require a recipient of a competitive grant to report to the
  commission information relating to best practices and performance
  outcomes.
         (b)  The commission shall continue to provide system
  operation grants to major resource systems and regional library
  systems. The commission may not award system operation grants
  through a competitive process.
         Sec. 441.1382.  ADDITIONAL FUNDING. (a)  The commission may
  authorize a major resource system or regional library system to
  receive money in addition to the system operation grant, including
  money from:
               (1)  gifts or grants from the federal government, local
  or regional governments, private sources, or other sources;
               (2)  contracts for services;
               (3)  cost-sharing arrangements; or
               (4)  other fees.
         (b)  The commission may authorize a major resource system or
  regional library system to use money received under Subsection (a)
  to initiate, expand, or enhance activities approved by the
  commission that meet commission and federal goals.
         (c)  The commission may authorize a major resource system or
  regional library system to retain money received under Subsection
  (a) remaining at the end of a fiscal year for activities approved by
  the commission that meet commission and federal goals.
         (d)  The commission by rule shall require that money received
  under Subsection (a) must be held in a federally insured account.
  Interest earned on money in the account shall be retained in the
  account and is subject to the same terms and reporting requirements
  as the corpus.
         (e)  The commission by rule may require periodic reporting
  regarding money received under Subsection (a) and include this
  information in the annual audit.
         (f)  Money generated through the use of state or federal
  funds remains the property of the state. If the commission ceases
  to contract with a major resource system or regional library
  system, all money received under this section or described by this
  subsection must be promptly returned to the commission for use in
  regional library development programs.
         Sec. 441.1383.  GRANTS TO AID LOCAL LIBRARIES. The
  commission shall design and implement a program of grants to aid
  local libraries as described by Section 441.135(b)(7) and shall
  require a recipient of a grant under that program to report to the
  commission information relating to best practices and performance
  outcomes.
         SECTION 8.  Section 441.186, Government Code, is amended by
  adding Subsection (k) to read as follows:
         (k)  If a disagreement exists between an institution of
  higher education, as defined by Section 61.003, Education Code, and
  a county over custody of a record that has been in existence for
  more than 50 years and if the commission determines that further
  negotiations between the institution and the commission are
  unlikely to resolve the disagreement, the record shall be
  transferred to the custody of the commission and treated as an
  archival state record.
         SECTION 9.  Subchapter L, Chapter 441, Government Code, is
  amended by adding Section 441.205 to read as follows:
         Sec. 441.205.  ONLINE ACCESS TO CULTURAL RESOURCES. The
  commission may:
               (1)  encourage Texas institutions, including
  libraries, archives, museums, historical societies, and
  governmental entities, to develop ways to provide Internet access
  to digitized cultural resources; and
               (2)  provide leadership in collaborative efforts among
  the institutions to achieve this goal.
         SECTION 10.  Section 336.104, Local Government Code, is
  amended to read as follows:
         Sec. 336.104.  QUALIFICATIONS OF EXECUTIVE DIRECTOR OR
  LIBRARY DIRECTOR.  The board shall ensure that the executive
  director or a subordinate library director has all necessary
  qualifications to oversee library services in the district. [The
  board shall require the executive director or a subordinate library
  director to meet the qualification requirements for a county
  librarian under Section 441.007, Government Code, and under any
  rules adopted by the Texas State Library and Archives Commission
  under that section.]
         SECTION 11.  The following provisions of the Government Code
  are repealed:
               (1)  Section 441.007;
               (2)  Section 441.0071;
               (3)  Section 441.0072;
               (4)  Section 441.0073; and
               (5)  Section 441.0074.
         SECTION 12.  Not later than March 1, 2008, the Texas State
  Library and Archives Commission shall adopt rules as required by
  Subsection (d), Section 441.138, Government Code, as amended by
  this Act.
         SECTION 13.  (a)  The changes in law made by this Act in the
  prohibitions or qualifications applying to a member of the Texas
  State Library and Archives Commission do not affect the entitlement
  of a member serving on the Texas State Library and Archives
  Commission immediately before September 1, 2007, to continue to
  serve and function as a member of the Texas State Library and
  Archives Commission for the remainder of the member's term. Those
  changes in law apply only to a member appointed on or after
  September 1, 2007.
         (b)  Section 441.018, Government Code, as added by this Act,
  relating to the investigation of a complaint filed with the Texas
  State Library and Archives Commission, applies only to a complaint
  filed on or after September 1, 2007. A complaint filed with the
  commission before September 1, 2007, is governed by the law as it
  existed immediately before that date, and the former law is
  continued in effect for that purpose.
         SECTION 14.  This Act takes effect September 1, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 913 passed the Senate on
  April 12, 2007, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 14, 2007, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 913 passed the House, with
  amendment, on May 8, 2007, by the following vote: Yeas 146,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor