86R4460 SRA-D
 
  By: Lambert 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.  Subchapter L, Chapter 441, Government Code, is
  amended by adding Sections 441.1815, 441.1935, 441.1936, 441.1965,
  and 441.206 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. 441.1936.  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.
         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.  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)  Ownership of records described by Subsection (a) placed
  in a depository other than the Texas State Library and Archives
  remains with the commission.  The records may not be intermingled
  with other holdings of the institution that serves as a depository.
         SECTION 9.  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.
         SECTION 10.  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 11.  Sections 203.005(d), (f), and (g), Local
  Government Code, are amended to read as follows:
         (d)  A plan establishing or relating to a records management
  program adopted before September 1, 1989, must be amended if any
  provision of the plan is in conflict with this subtitle or a rule
  adopted under it. [A copy of the amended plan shall be filed with
  the director and librarian as provided by Subsection (c).]
         (f)  The director and librarian or the designee of the
  director and librarian shall within a reasonable time bring to the
  attention of the elected county officer in writing any aspect of a
  plan [filed in the office of the director and librarian or] that
  [otherwise] comes to the attention of the director and librarian
  that is inconsistent with requirements of this subtitle or rules
  adopted under it.
         (g)  An elected county officer is authorized, instead of or
  in conjunction with adopting [submitting] a plan and establishing
  an independent records program for the elective office, to
  participate in a county program established as provided by
  Subchapter B or in one or more specific components of a county
  program and to authorize the records management officer of the
  county program to act as the records management officer for the
  records of the elective office.
         SECTION 12.  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 13.  Sections 203.026(d) and (f), Local Government
  Code, are amended to read as follows:
         (d)  An ordinance or order establishing or relating to a
  records management program adopted before September 1, 1989, must
  be amended if any provision of the ordinance or order is in conflict
  with this subtitle or a rule adopted under it. [A copy of the
  amended ordinance or order shall be filed with the director and
  librarian as provided by Subsection (c).]
         (f)  The director and librarian or the designee of the
  director and librarian shall within a reasonable time bring to the
  attention of the governing body in writing any aspect of an
  ordinance or order [filed in the office of the director and
  librarian or] that [otherwise] comes to the attention of the
  director and librarian that is inconsistent with the requirements
  of this subtitle or rules adopted under it.
         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), (c), (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)]  a records control schedule listing the following
  records and establishing a retention period for each as provided by
  Section 203.042:
               (1) [(A)]  all records created or received by the local
  government or elective county office;
               (2) [(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
               (3) [(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[; 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].
         (c)  A records management officer, in lieu of preparing
  [filing] an amended records control schedule, may [file with the
  director and librarian an amended written certification of
  compliance that the local government or the elective county office
  has adopted amended records control schedules to] comply with the
  minimum requirements established on records retention schedules
  issued by the commission including any revised 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. [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);
               (3)  Sections 441.095(a), (b), and (c); and
               (4)  Section 441.167.
         (b)  The following provisions of the Local Government Code
  are repealed:
               (1)  Sections 203.005(c) and (e);
               (2)  Sections 203.026(c) and (e);
               (3)  Section 203.041(h);
               (4)  Section 203.042(c);
               (5)  Section 203.043;
               (6)  Sections 203.044(c) and (d); and
               (7)  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 441.206, 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 441.1936, Government Code, as added by this
  Act.
         (e)  Rules adopted under Section 441.206, 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.