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 §§2.3, 2.5, 2.7 - 2.9, 2.46, 2.48

The Texas State Library and Archives Commission (commission) adopts amendments to 13 TAC §§2.3, Procedures of the Commission; 2.7, Library Systems Act Advisory Board; 2.8, Texas Historical Records Advisory Board; 2.46, Negotiated Rulemaking; 2.48, Petition for Adoption of Rule Changes; new §2.5, Advisory Committees; General Requirements and new §2.9, TexShare Library Consortium Advisory Board (TexShare Advisory Board). Sections 2.3 and 2.48 are adopted without changes to the proposed text as published in the March 13, 2020 issue of the Texas Register (45 TexReg 1780). These sections will not be republished. Sections 2.5, 2.7 - 2.9, and 2.46 are adopted with changes to the text as proposed in the March 13, 2020, issue of the Texas Register (45 TexReg 1780) and will be republished.

The amendments and new rule in part implement Government Code, §441.0065 and the Sunset Advisory Commission's Recommendation 4.3, Sunset Advisory Commission Staff Report with Final Results, 2018-2019 (86th Legislature) related to advisory committees. New §2.5 establishes the general requirements for all advisory committees of the commission. Unless otherwise provided by law or a commission rule, the general requirements apply to all commission advisory committees established by rule. The section has been modified on adoption to include the general statement that the section governs procedures for the creation and operation of advisory committees, except as provided by law or commission rule. In the proposed version, a similar disclaimer was included in individual subsections of §2.5. Including this language in subsection (a) clarifies that all sections of §2.5 apply unless otherwise specified.

Amended §2.7 and §2.8 and new §2.9 re-establish the Library Systems Act Advisory Board, the Texas Historical Records Advisory Board, and the TexShare Library Consortium Advisory Board, each with an expiration date of February 20, 2024. On adoption, the commission clarified and simplified each of these sections by removing the subsections that provided that each advisory committee must comply with §2.5, except for certain specified sections. With the clarification to §2.5 referenced above, a restatement of such applicability is unnecessary in §§2.7 - 2.9. As specified in §2.5(a), any provision of law or rule regarding the creation or operation of an advisory committee will control over a requirement of §2.5 in the event of a difference. For example, §2.7(c) and Government Code, §441.124(b) specify that the term of office for each LSA Board member is three years. Therefore, §2.5(e) (providing that members of advisory committees serve two- or four-year terms) will not apply to the LSA Board. Similarly, §2.5(c) regarding appointment procedures will not apply to the THRAB because §2.8(c) and Government Code, §441.243 prescribe the THRAB membership, which includes public members appointed by the Governor.

The amendment to §2.3 amends subsection (e) to change the minimum number of commission meetings per year from six to five.

The amendments to §2.46 update the language for clarity and consistency with the statutory language for negotiated rulemaking in Government Code, Chapter 2008.

The amendments to §2.48 update the rule title and language for clarity and consistency with the statutory language for petitions for the adoption of rules in Government Code, §2001.021.

No comments were received regarding adoption of the amendments or new rules.

STATUTORY AUTHORITY. The amendments and new rules are adopted under Government Code, §441.0065, which authorizes the commission to establish advisory committees by rule; Government Code, §441.226, which requires the commission to adopt rules regarding the organization and structure of the TexShare Advisory Board; Government Code, §2110.005, which requires a state agency that establishes an advisory committee to state the purpose and tasks of the committee and describe the manner in which the committee will report to the agency by rule; Government Code, §2110.008, which authorizes a state agency to designate the date on which an advisory committee will automatically be abolished by rule; Government Code, §2001.021, which requires a state agency to prescribe the form for a petition for the adoption of rules and the procedure for its submission, consideration, and disposition; and Government Code, §2001.004, which requires a state agency to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.

CROSS REFERENCE TO STATUTE. Government Code, Chapters 441, 2001, 2008, 2110.

§2.5.Advisory Committees; General Requirements.

(a) Purpose and scope. This section governs procedures for the creation and operation of advisory committees, except as otherwise provided by law or commission rule. The purpose of an advisory committee is to make recommendations to the commission on programs, rules, and policies affecting the delivery of information services in the state. An advisory committee's sole role is to advise the commission. An advisory committee has no executive or administrative powers or duties with respect to the operation of the commission, and all such powers and duties rest solely with the commission.

(b) Creation and duration of advisory committees. The commission shall create advisory committees by commission order. An advisory committee is abolished on the fourth anniversary of the date of its creation unless the commission designates a different expiration date for an advisory committee or an advisory committee has a specific duration prescribed by law.

(c) Appointment procedures. The commission will appoint members to an advisory committee based on advice and input from the director and librarian. Each advisory committee will elect from its members a presiding officer, who will report the advisory committee's recommendations to the commission.

(d) Size and quorum requirement. An advisory committee must be composed of a reasonable number of members not to exceed 24. A majority of advisory committee membership will constitute a quorum. An advisory committee may act only by majority vote of the members present at the meeting.

(e) Membership terms. Advisory committee members:

(1) may serve two- or four-year staggered terms, as ordered by the commission; and

(2) are appointed by and serve at the pleasure of the commission. If a member resigns, dies, becomes incapacitated, is removed by the commission, otherwise vacates the position, or becomes ineligible prior to the end of the member's term, the commission will appoint a replacement to serve the remainder of the unexpired term.

(f) Conditions of membership.

(1) Qualifications. To be eligible to serve as a member of an advisory committee, a person must have knowledge about and interests in the specific purpose and tasks of an advisory committee as established by commission order.

(2) Conflict of interest. Advisory committee members are subject to the same laws and policies governing ethical standards of conduct as those for commission members and employees.

(3) Training requirements. Each member of an advisory committee must complete training regarding the Open Meetings Act, Chapter 551 of the Government Code, and the Public Information Act, Chapter 552 of the Government Code.

(g) Administrative support. For each advisory committee, the director and librarian will designate a division of the commission that will be responsible for providing any necessary administrative support essential to the functions of the committee.

(h) Meetings.

(1) Meeting requirements. The division designated for an advisory committee under subsection (g) of this section shall submit to the Secretary of State notice of a meeting of the advisory committee. The notice must provide the date, time, place, and subject of the meeting. All advisory committee meetings shall be open to the public.

(2) Scheduling of meetings. Meeting dates, times, places, and agendas will be set by the division designated under subsection (g) of this section.

(3) Attendance. A record of attendance at each meeting of an advisory committee will be made. Unless otherwise provided by law, if a member of an advisory committee misses three consecutive advisory committee meetings, the member automatically vacates the position and the commission will appoint a new member to fill the remainder of the unexpired term created by the vacancy.

(i) Record. Commission staff shall maintain minutes of each advisory committee meeting and distribute copies of approved minutes and other advisory committee documents to the commission and advisory committee members.

(j) Reporting recommendations. An advisory committee shall report its recommendations to the commission in writing. The presiding officer of an advisory committee or designee may appear before the commission to present the committee's recommendations.

(k) Reimbursement. Members of an advisory committee shall not be reimbursed for expenses unless reimbursement is authorized by law and approved by the director and librarian.

(l) Review of advisory committees. The commission shall monitor the composition and activities of advisory committees. To enable the commission to evaluate the continuing need for an advisory committee, an advisory committee shall report in writing to the commission a minimum of once per year. The report provided by the advisory committee shall be sufficient to allow the commission to properly evaluate the committee's work and usefulness.

(m) Compliance with the Open Meetings Act. An advisory committee shall comply with the Open Meetings Act, Government Code, Chapter 551.

(n) Rules. For each advisory committee appointed, the commission shall adopt rules that address the purpose of the advisory committee. The rules may address additional items, including membership qualifications, terms of service, operating procedures, and other standards to ensure the effectiveness of an advisory committee appointed under this subchapter.

§2.7.Library Systems Act Advisory Board (LSA Board).

(a) The LSA Board is created to advise the commission on matters relating to the Library Systems Act. The LSA Board's tasks include reviewing and making recommendations regarding the minimum standards for accreditation of libraries in the state library system, reviewing and making recommendations regarding the application of the standards to local libraries, reviewing and making recommendations regarding the future development of the Library Systems Act, reviewing and making recommendations regarding grant programs for local libraries, and reviewing and making recommendations regarding agency programs that affect local libraries.

(b) The LSA Board reports to the commission through its meetings and meeting minutes, and/or reports or letters to the Director and Librarian.

(c) The LSA Board membership consists of five librarians qualified by training, experience, and interest to advise the commission on the policy to be followed in applying Government Code, Chapter 441, Subchapter I, Library Systems. The term of office for each LSA Board member is three years.

(d) The LSA Board shall expire on February 20, 2024.

§2.8.Texas Historical Records Advisory Board (THRAB).

(a) The THRAB is created to serve as the central advisory body for historical records planning and projects funded by the National Historical Publications and Records Commission that are developed and implemented in this state and advise the Texas State Library and Archives Commission on matters related to historical records in the state. The advisory board's tasks include those enumerated in Government Code §441.242.

(b) The advisory board reports to the commission through its meetings and meeting minutes, and/or reports or letters to the Director and Librarian.

(c) The THRAB is composed of:

(1) the state archivist, who shall be appointed as the historical records coordinator by the governor and who serves as presiding officer of the THRAB;

(2) two public members, appointed by the governor; and

(3) six members, appointed by the director and librarian, who must have recognized experience in the administration of government records, historical records, or archives.

(d) The terms of office for the members of the THRAB are as follows:

(1) The historical records coordinator serves a four year term;

(2) The two public members appointed by the governor serve staggered terms of three years with the terms of the members expiring on February 1 of different years; and

(3) The six members appointed by the director and librarian serve staggered terms of three years with the terms of one-third of the members expiring on February 1 of each year.

(e) The THRAB shall expire on February 20, 2024.

§2.9.TexShare Library Consortium Advisory Board (TexShare Advisory Board).

(a) The TexShare Advisory Board is created to advise the commission on matters relating to the consortium.

(b) The TexShare Advisory Board membership shall represent the various types of libraries comprising the membership of the consortium, with at least two members representing the general public. Members must be qualified by training and experience to advise the commission on policy to be followed in applying Government Code, Chapter 441, Subchapter M, TexShare Library Consortium. TexShare Advisory Board members serve three-year terms beginning September 1.

(c) The TexShare Advisory Board shall expire on February 20, 2024.

§2.46.Negotiated Rulemaking.

(a) It is the commission's policy to engage in negotiated rulemaking procedures under Government Code, Chapter 2008, when appropriate. When the commission finds that proposed rules are likely to be complex or controversial, or to affect disparate groups, negotiated rulemaking may be proposed.

(b) When negotiated rulemaking is proposed, the director and librarian will appoint a convenor to assist in determining whether it is advisable to proceed. The convenor shall perform the duties and responsibilities contained in Government Code, Chapter 2008.

(c) If the convenor recommends proceeding with negotiated rulemaking and the commission adopts the recommendation, the commission shall initiate negotiated rulemaking according to the provisions of Government Code, Chapter 2008.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 11, 2020.

TRD-202002334

Sarah Swanson

General Counsel

Texas State Library and Archives Commission

Effective date: July 1, 2020

Proposal publication date: March 13, 2020

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


13 TAC §2.6, §2.57

The Texas State Library and Archives Commission (commission) adopts the repeal of §2.6, Sunset Dates for Advisory Committees; and §2.57, Petition for Adoption of a Rule. The repeals of these sections are adopted with no changes to the proposal as published in the March 13, 2020, issue of the Texas Register (45 TexReg 1785). The rules will not be republished.

In conjunction with the adoption of these repeals, the commission is also adopting amendments to each of its existing advisory committee rules and adopting a new rule applicable to advisory committees generally. These amended and new rules establish each specific advisory committee's expiration date. The commission is also adopting amendments to §2.48, Petition for Adoption of Rules, to clarify the language and ensure consistency with the statutory language for petitions for the adoption of rules in Government Code, §2001.021.

Based on the adoption of these amendments and new rule, §2.6 and §2.57 are unnecessary and should be repealed.

No comments were received regarding adoption of the repeal.

STATUTORY AUTHORITY. The repeals are adopted under Government Code, §441.0065, which authorizes the commission to establish advisory committees by rule; Government Code, §2110.008, which authorizes a state agency to designate the date on which an advisory committee will automatically be abolished by rule; Government Code, §2001.021, which requires a state agency to prescribe the form for a petition for the adoption of rules and the procedure for its submission, consideration, and disposition; and Government Code, §2001.004, which requires a state agency to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.

CROSS REFERENCE TO STATUTE. Government Code, Chapters 441, 2001, 2008, 2110.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 11, 2020.

TRD-202002335

Sarah Swanson

General Counsel

Texas State Library and Archives Commission

Effective date: July 1, 2020

Proposal publication date: March 13, 2020

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