TITLE 13. CULTURAL RESOURCES

PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION

CHAPTER 2. GENERAL POLICIES AND PROCEDURES

SUBCHAPTER A. PRINCIPLES AND PROCEDURES OF THE COMMISSION

13 TAC §2.51

The Texas State Library and Archives Commission (Commission) proposes to revise 13 TAC §2.51, Public Records Fees.

FISCAL NOTE. Mark Smith, State Librarian and Director for the commission, has determined that for each of the first five-years the proposed amendments are in effect, there will not be a fiscal impact on state or local government as a result of enforcing or administering these amendments, as proposed.

PUBLIC BENEFIT/COST NOTE. Mr. Smith has also determined that for the first five-year period the amended rules are in effect, the public benefit will be clarity and consistency in charging for copies or reproductions of public records. While the proposed amendments may result in costs incurred by persons requesting copies or reproductions of public records from the commission, the anticipated costs depend on the specific request and cannot be predicted. Furthermore, the costs are consistent with the charges established by the Office of the Attorney General for providing costs of public information under Government Code, Chapter 552 or authorized by specific statutes related to providing reproductions.

LOCAL EMPLOYMENT IMPACT STATEMENT. There is no effect on the local economy for the first five years that the proposed new section is in effect; therefore, no local employment impact statement is required under Texas Government Code §2001.022 and 2001.024(a)(6).

ENVIRONMENTAL IMPACT STATEMENT. The commission has determined that the proposed amendments do not require an environmental impact analysis because these amendments are not major environmental rules under Texas Government Code §2001.0225.

COSTS TO REGULATED PERSONS. The proposed new section does not impose a cost on regulated persons, including another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code §2001.0045.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. Mr. Smith has also determined that there will be no impact on rural communities, small businesses, or microbusinesses as a result of implementing these amendments and, therefore, no regulatory flexibility analysis, as specified in Texas Government Code §2006.002, is required.

GOVERNMENT GROWTH IMPACT STATEMENT. The commission has determined that during the first five years the proposed amendments would be in effect, no government program would be created or eliminated. Implementation of the proposed amendments would not require the creation of new employee positions or the elimination of existing employee positions. Implementation would not require an increase or decrease in future legislative appropriations. Implementation may cause an increase in fees paid to the commission; however, these fees are authorized by Government Code, §552.262 and Government Code, §441.196 and are only charged to persons requesting copies or reproductions of public records. The proposed amendments will not create a new regulation or expand, limit, or repeal an existing regulation. The proposed amendments will not result in an increase or decrease in the number of individuals subject to the rule and will not affect the Texas economy.

TAKINGS IMPACT ASSESSMENT. The commission has determined that no private real property interests are affected by this proposal and the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.

REQUEST FOR PUBLIC COMMENT. Written comments on the proposed amendments may be directed to Jelain Chubb, Director, Archives and Information Services, Box 12927, Austin, Texas 78711-2927, or by fax (512) 463-2306, or by email to rules@tsl.texas.gov. Comments will be accepted for 30 days after publication in the Texas Register.

STATUTORY AUTHORITY. The amendments are proposed under Government Code, §552.230, which authorizes governmental bodies to adopt reasonable rules of procedure under which public information may be inspected and copied; and, more specifically, Government Code, §441.193, which provides the commission shall adopt rules regarding public access to the archival state records and other historical resources in the possession of the commission; and Government Code, §441.196, which provides the commission may sell copies of state archival records and other historical resources in its possession at a price not exceeding 25 percent above the cost of publishing or producing the copies.

CROSS REFERENCE TO STATUTE. Government Code, Chapters 441 and 552.

§2.51.Public Records Fees.

(a) [Charges for Public Records and Library Resource Materials.] The Texas State Library will charge the fees established by the Office of the Attorney General at 1 TAC §§70.1 - 70.12 (relating to Cost of Copies of Public Information) and the amounts described in subsection (b) of this section for providing any person the following:

(1) Reproductions [for reproductions ] of materials from its collections of library and archival materials that are maintained for public reference;[, for copies]

(2) Copies of public records of other agencies stored in the State Records Center;[,] and [for]

(3) Records [records] of the commission. [in accordance with the Office of the Attorney General's rules concerning Cost of Copies of Public Information (1 TAC §§70.1 - 70.12) and as follows:]

(b) The Texas State Library will maintain a fee schedule outlining the charges for providing information to any individual and review the schedule annually. In addition to the fees described in subsection (a) of this section and listed on the fee schedule, the library will charge as follows:

(1) Certification of copies is $5.00 [$1.00 ] per instrument, which may include several pages with certification required only once. If certification is requested on each page, the cost is $5 per instrument if the instrument consists of 5 pages or less or $1 per page if the instrument consists of more than 5 pages.

(2) If a customer requests items printed from digital information resources, the items will be billed at the page rate for paper copies.

(3) If a customer requests printing of large format materials held in the Texas State Archives, the charge will be assessed at an established [per inch] rate available on the agency fee schedule. [The rate will be reviewed on an annual basis. If material must first be digitized, an additional fee of $5.50 will be charged.]

(4) [Supplies, postage, shipping, and other expenses are billed at actual costs.]

[(5)] The charge for duplication of non-standard materials from the [The library will arrange for the duplication of photographic images in its] archival collections is the actual [for $10.00 per image plus] commercial [photo] reproduction cost plus 25% of that cost [costs and postage].

(5) [(6) Digital images of photographic materials held in the Texas State Archives may be provided.] If any materials must first be digitized prior to duplication, an additional fee to cover the cost of digitization, available on the agency fee schedule, [a fee of $3.00, or $5.50 for large format items,] will be charged.

(6) [(7)] A customer will be billed for third party access or use charges. Examples of services where use charges might occur include:

(A) Digital information resources available through online services;

(B) Document delivery or interlibrary loan services for providing materials or copies.

(7) [(8)] The minimum charge for any service requiring preparation of an invoice is $1.00.

(c) [(b) Reproduction of Copyrighted Materials.] Reproduction of copyrighted materials will be carried out in conformance with the copyright law of the United States (Title 17, United States Code).

(d) [(c) Labor Charges.] The library will charge for labor, overhead, computer programming, computer resource time, and remote document retrieval, when applicable, as authorized by the rules established by the Office of the Attorney General. [The library will not charge for labor or overhead to retrieve materials or records or research questions. If computer programming is necessary, the library will charge for labor to retrieve digital information in response to an information request.]

(e) [(d) Records of Third Parties.] The library will not provide copies of or access to the records of other agencies housed in the State Records Center without written permission of the agency.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 20, 2019.

TRD-201904957

Angela Kent

Head of Reference

Texas State Library and Archives Commission

Earliest possible date of adoption: February 9, 2020

For further information, please call: (512) 463-5426


13 TAC §2.76

The Texas State Library and Archives Commission (commission) proposes new 13 TAC §2.76, Enhanced Contract Monitoring.

Government Code, §2261.253(c) requires each state agency to establish by rule a procedure to identify each contract that requires enhanced contract or performance monitoring and submit information on the contract to the agency's governing body.

SUMMARY. Proposed §2.76 establishes that the commission will identify contracts that require enhanced contract or performance monitoring by considering several factors, including the total dollar amount of the contract, contract duration, vendor past performance, impacts of contract delay or failure, and the risk of fraud, waste, or abuse. The proposed rule also provides direction for procedures and notification of serious issues or risks that are identified with respect to a monitored contract and states the exceptions for specific contract types that do not require enhanced monitoring.

FISCAL NOTE. Mark Smith, State Librarian and Director for the commission, has determined that for each of the first five years the proposed new section is in effect, there will not be a fiscal impact on state or local government as a result of enforcing or administering the rule, as proposed.

PUBLIC BENEFIT/COST NOTE. Mr. Smith has also determined that for the first five-year period the proposed new section is in effect, the public benefit will be the enhanced monitoring of commission contracts. There are no anticipated economic costs for persons required to comply with the proposed new section.

LOCAL EMPLOYMENT IMPACT STATEMENT. There is no effect on local economy for the first five years that the proposed new section is in effect; therefore, no local employment impact statement is required under Texas Government Code §2001.022 and §2001.024(a)(6).

ENVIRONMENTAL IMPACT STATEMENT. The commission has determined that the proposed new section does not require an environmental impact analysis because the proposed new section is not a major environmental rule under Texas Government Code §2001.0225.

COSTS TO REGULATED PERSONS. The proposed new section does not impose a cost on regulated persons, including another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code §2001.0045.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. Mr. Smith has also determined that there will be no impact on rural communities, small businesses, or micro-businesses as a result of implementing the proposed new section and therefore no regulatory flexibility analysis, as specified in Texas Government Code §2006.002, is required.

GOVERNMENT GROWTH IMPACT STATEMENT. The commission has determined that during the first five years the proposed new section would be in effect, no government program would be created or eliminated. Implementation of the proposed new section would not require the creation of new employee positions or the elimination of existing employee positions. Implementation would not require an increase or decrease in future legislative appropriations. Implementation would not require an increase or decrease in fees paid to the commission. The proposed new section will not create a new regulation or expand, limit, or repeal an existing regulation. The proposed new section will not result in an increase or decrease in the number of individuals subject to the rule and will not affect the Texas economy.

TAKINGS IMPACT ASSESSMENT. The commission has determined that no private real property interests are affected by this proposal and the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.

REQUEST FOR PUBLIC COMMENT. Written comments on the proposed new section may be directed to Donna Osborne, Chief Operations and Fiscal Officer, Box 12927, Austin, Texas, 78711-2927, by email at rules@tsl.texas.gov, or by fax (512) 463-3560. Comments will be accepted for 30 days after publication in the Texas Register.

STATUTORY AUTHORITY. The new section is proposed under Government Code, §2261.253, which requires each state agency to establish by rule a procedure to identify each contract that requires enhanced contract or performance monitoring and submit information on the contract to the agency's governing body.

CROSS REFERENCE TO STATUTE. Government Code, §2261.253.

§2.76.Enhanced Contract Monitoring.

(a) The commission will identify contracts that require enhanced contract or performance monitoring.

(b) In determining which contracts require enhanced contract or performance monitoring, the commission will consider factors including:

(1) total dollar amount of contract;

(2) total contract duration;

(3) vendor past performance;

(4) user and business process impacts of contract failure or delay;

(5) risk of fraud, waste, or abuse;

(6) special circumstances of the project; and

(7) scope of goods or services provided.

(c) The director and librarian or designee will provide information on contracts that require enhanced monitoring to the commission. The commission will also be notified immediately of any serious issue or risk that is identified with respect to a contract subject to enhanced contract monitoring.

(d) This section does not apply to a memorandum of understanding, interagency contract, interlocal agreement, or contract for which there is not a cost.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 20, 2019.

TRD-201904958

Sarah Swanson

General Counsel

Texas State Library and Archives Commission

Earliest possible date of adoption: February 9, 2020

For further information, please call: (512) 463-5591


SUBCHAPTER C. GRANT POLICIES

DIVISION 1. GENERAL GRANT GUIDELINES

13 TAC §§2.111, 2.117, 2.118

The Texas State Library and Archives Commission (Commission) proposes amendments to 13 TAC §§2.111, General Selection Criteria, 2.117, Grant Review and Award Process, and 2.118, Decision Making Process.

The proposed amendments respond to directions from the Sunset Commission to adjust grant award criteria and scoring to better disperse grant funding to a wider pool of libraries.

SUMMARY. The proposed amendment to 13 TAC §2.111 adds to the general grant selection criteria consideration of improved access to funding for libraries that have not received grants from the agency within a specified time frame to be determined by the agency or with limited resources.

The proposed amendment to 13 TAC §2.117 provides that a person may not serve as a peer reviewer for a grant category with which the reviewer is associated with an applicant or with an application, or who stands to benefit directly from an application.

The proposed amendment to 13 TAC §2.118 allows the agency to award extra points to libraries that have not received a grant from the agency within a specified time frame to be determined by the agency or with limited resources.

FISCAL NOTE. Mark Smith, State Librarian and Director for the Commission, has determined that for each of the first five years the proposed amendments are in effect, there will not be a fiscal impact on state or local government as a result of enforcing or administering these amendments, as proposed.

PUBLIC BENEFIT/COST NOTE. Mr. Smith has also determined that for the first five-year period the amended rules are in effect, the public benefit will be that the agency may be able to distribute grants to a wider range of Texas libraries.

ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT. There are no anticipated economic costs to persons who are required to comply with the amendments to these rules, as proposed. There is no effect on local economy for the first five years that the proposed new section is in effect; therefore, no local employment impact statement is required under Texas Government Code §2001.022 and §2001.024(a)(6).

ENVIRONMENTAL IMPACT STATEMENT. The Commission has determined that the proposed amendments do not require an environmental impact analysis because these amendments are not major environmental rules under Texas Government Code §2001.0225.

COSTS TO REGULATED PERSONS. The proposed new section does not impose a cost on regulated persons, including another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code §2001.0045.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. Mr. Smith has also determined that there will be no impact on rural communities, small businesses, or micro-businesses as a result of implementing these amendments and therefore no regulatory flexibility analysis, as specified in Texas Government Code §2006.002, is required.

GOVERNMENT GROWTH IMPACT STATEMENT. Commission staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking, as specified in Texas Government Code §2006.0221. During the first five years that the amendments would be in effect, the proposed amendments: will not create or eliminate a government program; will not result in the addition or reduction of employees; will not require an increase or decrease in future legislative appropriations; will not lead to an increase or decrease in fees paid to a state agency; will not create a new regulation; will not repeal an existing regulation; and will not result in an increase or decrease in the number of individuals subject to the rule. During the first five years that the amendments would be in effect, the proposed amendments will not positively or adversely affect the Texas economy.

TAKINGS IMPACT ASSESSMENT. The Commission has determined that no private real property interests are affected by this proposal and the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.

REQUEST FOR PUBLIC COMMENT. Written comments on the proposed amendments may be directed to Jennifer Peters, Director of Library Development & Networking, via email jpeters@tsl.texas.gov, or mail, P.O. Box 12927, Austin, Texas, 78711-2927. Comments will be accepted for 30 days after publication in the Texas Register.

STATUTORY AUTHORITY. The amended section is proposed under Texas Government Code §441.135 that requires the Commission to establish a program of grants and adopt by rule the guidelines for awarding grants, and Texas Government Code §441.136 that allows the Commission to proposed rules necessary to the administration of the program of state grants.

§2.111.General Selection Criteria.

(a) Grants shall be awarded based on guidelines that reflect applicable state or federal priorities and mandates. The grant guidelines issued by the agency will specify the timetable, forms, procedures, and any supplemental criteria or requirements applicable to a particular grant for that year. Grant guidelines include the goals describing the purpose of the grant program, applicant eligibility requirements, description of the services to be provided, applicable priorities and restrictions, and the selection criteria and the process to evaluate grant applications and select awards. Selection criteria and requirements are designed to select applications that provide the best overall value to the state.

(b) The general selection criteria include:

(1) applicant eligibility;

(2) relevance to goals;

(3) program impact;

(4) program scope and quality;

(5) the cost of proposed service;

(6) measurability of service impact; and

(7) compliance with requirements.

(c) The commission may consider additional factors in determining best value, including:

(1) financial ability to perform services;

(2) state and regional service needs and priorities;

(3) improved access for poorly served areas and populations;

(4) improved access to funding for libraries that have not received grants from the agency within a specified time frame to be determined by the agency or that have limited resources;

(5) [(4)] ability to continue services after grant period; and

(6) [(5)] past performance and compliance.

§2.117.Grant Review and Award Process.

(a) Agency staff will review each application for the following:

(1) legal eligibility of the institution to participate in a grant program and appropriate authorizing signature;

(2) conformance to the federal and state regulations pertaining to grants;

(3) inclusion of unallowable costs;

(4) errors in arithmetic or cost calculations;

(5) submission of all required forms;

(6) compliance with submission procedures and deadlines; and

(7) relevance and appropriateness of the project design and activities to the purpose of the grant program.

(b) Agency staff will raise issues and questions regarding the needs, methods, staffing and costs of the applications. Staff will also raise concerns regarding the relevance and appropriateness of the project design and activities to the purpose of the grant program. Staff comments will be sent to the review panel with the applications for consideration by the panel.

(c) Applicants will be sent a copy of the staff comments to give applicants an opportunity to respond in writing. Applicants may not modify the proposal in any way; however, applicants' responses to staff comments will be distributed to the panel.

(1) Applications with significant errors, omissions, or eligibility problems will not be rated. Applications in which the project design and activities are not relevant and appropriate to the purpose of the grant program will be ineligible.

(2) Agency staff will be available to offer technical assistance to reviewers.

(d) Applications will be scored using the following process:

(1) The peer reviewers will review all complete and eligible grant applications forwarded to them by agency staff and complete a rating form for each. Each reviewer will evaluate the proposal in relation to the specific requirements of the criteria and will assign a value, depending on the points assigned to each criterion.

(2) No reviewer who is associated with an applicant or who stands to benefit directly from an application will serve on the review panel for the grant program in which the application is submitted for that grant cycle. Any reviewer who is associated with a potential applicant in the respective category must inform the agency and their organization about a potential conflict of interest. [with an application, or who stands to benefit directly from an application will evaluate that application.] Any reviewer who feels unable to evaluate a particular application fairly may choose not to review that application.

(3) Reviewers will consider and assess the strengths and weaknesses of any proposed project only on the basis of the documents submitted. Considerations of geographical distribution, demographics, type of library, or personality will not influence the assessment of a proposal by the review panel. The panel members must make their own individual decisions regarding the applications. The panel may discuss applications but the panel's recommendations will be compiled from the individual assessments, not as the result of a collective decision or vote.

(4) Reviewers may not discuss proposals with any applicant before the proposals are reviewed. Agency staff is available to provide technical assistance to reviewers. Agency staff will conduct all negotiations and communication with the applicants.

(5) Reviewers may recommend setting conditions for funding a given application or group of applications (e.g., adjusting the project budget, revising project objectives, modifying the timetable, amending evaluation methodology, etc.). The recommendation must include a statement of the reasons for setting such conditions. Reviewers who are ineligible to evaluate a given proposal will not participate in the discussion of funding conditions.

(6) Reviewers will submit their evaluation forms to the agency. In order to be counted, the forms must arrive before the specified due date.

§2.118.Decision Making Process.

To be considered eligible for funding by the commission, any application must receive a minimum adjusted mean score of more than 60 percent of the maximum points available. However, eligibility does not guarantee funding. The commission may also choose to award extra points to libraries that have not received funding within a specified time frame to be determined by the agency or that have limited resources. To reduce the impact of scores that are exceedingly high or low, or otherwise outside the range of scores from other reviewers, agency staff will tabulate the panel's work using calculations such as an adjusted mean score.

(1) Applications will be ranked in priority order by score for consideration by the commission.

(2) If insufficient funds remain to fully fund the next application, the staff will negotiate a reduced grant with the next ranked applicant.

(3) If the panel recommends funding an application that, for legal, fiscal, or other reasons, is unacceptable to the staff, a contrary recommendation will be made. The applicant will be informed of this situation prior to presentation to the commission and may negotiate a revision to the application. A positive recommendation to the commission will be contingent upon successfully completing these negotiations prior to the commission meeting.

(4) If the panel is unable to produce a set of recommendations for funding, the agency staff will use the same evaluation procedures to develop recommendations to the commission.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 20, 2019.

TRD-201904955

Jennifer Peters

Director of Library Development and Networking

Texas State Library and Archives Commission

Earliest possible date of adoption: February 9, 2020

For further information, please call: (512) 463-5456


CHAPTER 7. LOCAL RECORDS

SUBCHAPTER D. RECORDS RETENTION SCHEDULES

13 TAC §7.125

The Texas State Library and Archives Commission (Commission) proposes amendments to 13 TAC §7.125, relating to local government retention schedule EL (Records of Elections and Voter Registration).

The proposed amendments include revisions necessary to keep the schedule up to date with current laws and administrative rules, and to improve retention of public records.

SUMMARY. The proposed amendments to §7.125(a)(10) revise record series and guidance related to voter registration and election records. Specifically, Senate Bill 5, 85th C.S. Legislative Session, revised the retention period for precinct election records, which set the retention period for many other election and voter registration series. A new series was created to account for provisions made through House Bill 2910, 86th Legislature.

The following proposed amendments appear in the Attached Graphic of §7.125(a)(10).

The proposed amendment to the introduction of the schedule removes obsolete language and adds applicable language to keep it consistent with other updated local schedules.

The proposed amendment to EL3100-01a, EL3100-01b, EL3100-01c, EL3100-03b, EL3100-03c(1), EL3100-04a(1), EL3100-04c(2), EL3100-06a, EL3100-10a, EL3100-10c, EL3100-10e, EL3100-11a, EL3100-11b(1) and (2), EL3150-06d, and EL3150-06e are affected by the changes made to Election Code, Section 66.058(a) made by Senate Bill 5, which mandates a 22-month retention period.

The proposed amendment to EL3100-01a corrects the legal citation from 84.037 to 84.037a, the subsection that addresses retention.

The proposed amendment to EL3100-10a additionally removes the citation of Section 172.116e, as it was repealed in 2015.

The proposed amendment to EL3100-10c removes the phrase "held in 1986 and subsequent years" and "until the end of the year in which the primary election is held" and replaced it with "for 22 months" to be consistent with how Election Code, Section 172.114 is worded currently.

The proposed amendment to EL3100-11b adjusts the description to be consistent with language in the law in Election Code, Section 211.007.

The proposed amendment to EL3125-03b removes the citation for Section 172.118e, as it was repealed in 2017.

The proposed amendment to EL3125-04 is amended to add candidates to the title and splits the retention period into two subseries to provide a triggering event for non-elected candidates.

The proposed amendment to EL3150-02a corrects the legal citation from Election Code, Section 13.0035(d) to 13.035(d).

The proposed amendment to EL3150-06g adds a new record series to provide for supporting documentation provided to keep personal information related to voter registration confidential.

The proposed amendment to EL3150-07a revises the retention period from Destroy at option to AV, to remain consistent with other series and schedules.

FISCAL NOTE. Craig Kelso, Director, State & Local Records Management Division, has determined that for each of the first five-years the proposed amendments are in effect, there will not be a fiscal impact on state or local government as a result of enforcing or administering these amendments, as proposed.

PUBLIC BENEFIT/COST NOTE. Mr. Kelso has also determined that for the first five-year period the amended rules are in effect, the public benefit will be that the amended schedules will help to provide better management of records by improving retention of public records and will increase access to those records by the public.

ECONOMIC COSTS TO PERSONS AND IMPACT ON LOCAL EMPLOYMENT. There are no anticipated economic costs to persons who are required to comply with the amendments to these rules, as proposed. There is no effect on local economy for the first five years that the proposed new section is in effect; therefore, no local employment impact statement is required under Texas Government Code §2001.022 and 2001.024(a)(6).

ENVIRONMENTAL IMPACT STATEMENT. The Commission has determined that the proposed amendments do not require an environmental impact analysis because these amendments are not major environmental rules under the Texas Government Code §2001.0225.

COSTS TO REGULATED PERSONS. The proposed new section does not impose a cost on regulated persons, including another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code §2001.0045.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. Mr. Kelso has also determined that there will be no impact on rural communities, small businesses, or micro-businesses as a result of implementing these amendments and therefore no regulatory flexibility analysis, as specified in Texas Government Code §2006.002, is required.

GOVERNMENT GROWTH IMPACT STATEMENT. Commission staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking, as specified in Texas Government Code §2006.0221. During the first five years that the amendments would be in effect, the proposed amendments: will not create or eliminate a government program; will not result in the addition or reduction of employees; will not require an increase or decrease in future legislative appropriations; will not lead to an increase or decrease in fees paid to a state agency; will not create a new regulation; will not repeal an existing regulation; and will not result in an increase or decrease in the number of individuals subject to the rule. During the first five years that the amendments would be in effect, the proposed amendments will not positively or adversely affect the Texas economy.

TAKINGS IMPACT ASSESSMENT. The Commission has determined that no private real property interests are affected by this proposal and the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.

REQUEST FOR PUBLIC COMMENT. Written comments on the proposed amendments may be directed to Megan Carey, Manager, Records Management Assistance, via email rules@tsl.texas.gov, or mail, P.O. Box 12927, Austin, Texas, 78711-2927. Comments will be accepted for 30 days after publication in the Texas Register.

STATUTORY AUTHORITY. The amended section is proposed under Texas Government Code §441.158 that requires the Commission to adopt records retention schedules by rule and requires the Commission to provide records retention schedules to local governments, and Texas Government Code §441.160 that allows the commission to revise the schedules.

CROSS REFERENCE TO STATUTE. The proposed amendments implement Texas Government Code §441.158 and §441.160, as well as Texas Senate Bill 5, 85th C.S. Legislative Session, which repealed the six-month retention period for elections involving a non-federal office. No other statutes, articles, or codes are affected by these amendments.

§7.125.Records Retention Schedules.

(a) The following records retention schedules, required to be adopted by rule under Government Code §441.158(a) are adopted.

(1) Local Schedule GR: Records Common to All Local Governments, Revised 5th Edition.

Figure: 13 TAC §7.125(a)(1) (No change.)

(2) Local Schedule PW: Records of Public Works and Other Government Services, 2nd Edition.

Figure: 13 TAC §7.125(a)(2) (No change.)

(3) Local Schedule CC: Records of County Clerks, Revised 3rd Edition.

Figure: 13 TAC §7.125(a)(3) (No change.)

(4) Local Schedule DC: Records of District Clerks, Revised 3rd Edition.

Figure: 13 TAC §7.125(a)(4) (No change.)

(5) Local Schedule PS: Records of Public Safety Agencies, Revised 4th Edition.

Figure: 13 TAC §7.125(a)(5) (No change.)

(6) Local Schedule SD: Records of Public School Districts, 3rd Edition.

Figure: 13 TAC §7.125(a)(6) (No change.)

(7) Local Schedule JC: Records of Public Junior Colleges, 2nd Edition.

Figure: 13 TAC §7.125(a)(7) (No change.)

(8) Local Schedule LC: Records of Justice and Municipal Courts, Revised 2nd Edition.

Figure: 13 TAC §7.125(a)(8) (No change.)

(9) Local Schedule TX: Records of Property Taxation, 3rd Edition.

Figure: 13 TAC §7.125(a)(9) (No change.)

(10) Local Schedule EL: Records of Elections and Voter Registration, [3rd] 4th Edition.

Figure: 13 TAC §7.125(a)(10) (.pdf)

[Figure: 13 TAC §7.125(a)(10)]

(11) Local Schedule HR: Records of Public Health Agencies, 2nd Edition.

Figure: 13 TAC §7.125(a)(11) (No change.)

(12) Local Schedule UT: Records of Utility Services, 2nd Edition.

Figure: 13 TAC §7.125(a)(12) (No change.)

(b) The retention periods in the records retention schedules adopted under subsection (a) of this section serve to amend and replace the retention periods in all editions of the county records manual published by the commission between 1978 and 1988. The retention periods in the manual, which were validated and continued in effect by Government Code §441.159, until amended, are now without effect.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 20, 2019.

TRD-201904988

Megan Carey

Government Information Analyst

Texas State Library and Archives Commission

Earliest possible date of adoption: February 9, 2020

For further information, please call: (512) 463-5449