SUBCHAPTER A TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
- Texas Section 441.001 - Commission; Members
(a) The Texas State Library and Archives Commission is composed of seven members appointed by the governor with the advice and consent of the senate....
- Texas Section 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...
- Texas Section 441.002 - Director And Librarian
(a) The commission shall appoint a director and librarian. (b) The director and librarian is the executive and administrative officer of the commission and shall...
- Texas Section 441.003 - Employees
(a) Subject to the approval of the commission, the director and librarian shall appoint an assistant state librarian, a state archivist, a state records administrator,...
- Texas Section 441.004 - Career Ladder; Performance Evaluations
(a) The director and librarian or the director and librarian's designee shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement...
- Texas Section 441.005 - Standards Of Conduct; Equal Employment Opportunity
(a) The director and librarian or the director and librarian's designee shall provide to members of the commission and to commission employees, as often as...
- Texas Section 441.006 - General Powers And Duties
(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...
- Texas Section 441.008 - Transfer Or Exchange Of Books Or Documents
(a) The commission may transfer a book or document to another library that is supported by state appropriation if the commission believes that the transfer...
- Texas Section 441.0085 - Adopt-a-library Program
(a) The commission may establish or may assist other state agencies or organizations in the establishment of an Adopt-A-Library program to encourage investment in and...
- Texas Section 441.009 - State Plan For Library Services And Technology
(a) The commission may adopt a state plan for improving library services consistent with federal goals. (b) The state library shall prepare the plan for...
- Texas Section 441.0091 - Grant Program For Local Libraries
(a) In addition to a grant or funding under Subchapter I, the commission may provide for grants to meet specific information needs of residents of...
- Texas Section 441.0092 - Texas Reads Program Grants
(a) From money in the Texas Reads program account, the commission shall make grants to fund programs to promote reading provided by public libraries. (b)...
- Texas Section 441.010 - Electronically Searchable Central Grant Database
(a) In this section: (1) "Department" means the Department of Information Resources. (2) "Grant" means a grant, contract, or other cooperative agreement under which a...
- Texas Section 441.013 - Reports
(a) The commission shall make a biennial report to the governor that includes: (1) a comprehensive view of the operation of the commission in discharging...
- Texas Section 441.014 - Audit
The financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321, Government Code. Acts 1987, 70th Leg.,...
- Texas Section 441.015 - Seal
(a) The official seal of the state library is a circle of not less than 1-1/2 nor more than two inches in diameter that bears...
- Texas Section 441.016 - Building
The name of the state archives and library building is the Lorenzo de Zavala State Archives and Library Building. Acts 1987, 70th Leg., ch. 147,...
- Texas Section 441.017 - Cost Recovery For Records Storage Services
(a) This section: (1) applies to a record stored by the commission for a state agency; and (2) does not apply to a record that...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER B COURT DOCUMENTS
- Texas Section 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...
- Texas Section 441.025 - Definitions
In this subchapter: (1) "Commission" means the Texas State Library and Archives Commission. (2) "Court document" means any instrument, document, paper, or other record filed...
SUBCHAPTER C RECORDS MANAGEMENT DIVISION OF TEXAS STATE LIBRARY
- Texas Section 441.026 - Retention, Storage, And Destruction Of Certain Court Documents
(a) The commission shall adopt rules for the retention, storage, and destruction of a court document filed with, otherwise presented to, or produced by a...
SUBCHAPTER E PUBLIC LIBRARY ENDOWMENT AND OPERATING FUNDS
- Texas Section 441.031 - Definition
In this subchapter, "state record" means a document, book, paper, photograph, sound recording, or other material, regardless of physical form or characteristic, made or received...
- Texas Section 441.071 - Texas Public Library Endowment Fund
(a) The Texas public library endowment fund is a trust fund outside the state treasury held by a bank or depository trust company and administered...
- Texas Section 441.072 - Investment And Management Of Endowment Fund
(a) The commission shall appoint investment managers for the management and investment of the Texas public library endowment fund by contracting for professional investment management...
- Texas Section 441.073 - Texas Public Library Fund
(a) The Texas public library fund is a special fund in the state treasury outside the general revenue fund. (b) The public library fund consists...
- Texas Section 441.074 - Donations, Appropriations, And Sales
(a) The commission may solicit and accept on behalf of the state donations of money, securities, and other property as it determines best further the...
SUBCHAPTER F MAINTENANCE AND DISPOSITION OF CERTAIN COUNTY RECORDS
- Texas Section 441.075 - Public Library Fund Grant Program
(a) The commission shall make grants to public libraries from the Texas public library fund for facility construction projects, acquisition of books and other collection...
- Texas Section 441.091 - Definition
In this subchapter, "county record" means any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information...
- Texas Section 441.094 - Records Schedule And Implementation Plan
(a) Repealed by Acts 1989, 71st Leg., ch. 1248, Sec. 85(3), eff. Sept. 1, 1989. (b) A records schedule must: (1) contain a list by...
- Texas Section 441.0945 - Disposition Of Scheduled Records
(a) A county record may be destroyed if the record is listed on the records schedule and implementation plan accepted for filing by the director...
SUBCHAPTER G STATE PUBLICATIONS
- Texas Section 441.095 - Disposition Of Unscheduled Records
(a) A custodian may dispose of a county record that is not listed on an approved records schedule and implementation plan if, not later than...
- Texas Section 441.101 - Definitions
In this subchapter: (1) "Commission" means the Texas State Library and Archives Commission. (2) "Depository library" means the Texas State Library, the Legislative Reference Library,...
- Texas Section 441.102 - Distribution Of State Publications
(a) The commission by rule shall establish procedures for the distribution of state publications to depository libraries and for the retention of those publications. (b)...
- Texas Section 441.103 - State Agency Duties
(a) A state agency shall designate one or more staff persons as agency publications liaisons and shall notify the Texas State Library of those persons'...
- Texas Section 441.1035 - State Publications Distributed In Physical Format; Notice; Online Availability
(a) A state agency that distributes by subscription a state publication in a physical format, such as paper, tape, or disk, and without a fee...
- Texas Section 441.104 - Duties Of Texas State Library
The Texas State Library shall: (1) acquire, organize, retain, and provide access to state publications; (2) collect state publications and distribute them to depository libraries;...
- Texas Section 441.105 - Exempt Publications
The state librarian may specifically exempt a publication or a distribution format from this subchapter. Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept....
SUBCHAPTER H PRINT ACCESS AIDS FOR PERSONS WITH VISUAL DISABILITIES
- Texas Section 441.106 - Payment For Printing Of State Publications
If a state agency's printing is done by contract, an account for the printing may not be approved and a warrant may not be issued...
- Texas Section 441.111 - Definitions
In this subchapter: (1) "Print access aid" means an item, piece of equipment, or product system that improves or facilitates access to standard print by...
- Texas Section 441.112 - Print Access Aids In Public Libraries
(a) To make its services and collections more accessible, a public library may make a print access aid available for use by a person who...
- Texas Section 441.113 - Training And Information
The state library may provide to a library requesting or receiving a print access aid under this subchapter technical assistance, including assistance in: (1) explaining...
- Texas Section 441.114 - Maintenance Of Equipment
The state library may pay the maintenance or repair cost of a print access aid supplied to a library under this subchapter out of funds...
- Texas Section 441.115 - Relocation
The state library shall review each library that receives a print access aid under this subchapter once every two years to determine whether to relocate...
SUBCHAPTER I LIBRARY SYSTEMS
- Texas Section 441.116 - Funding
(a) The requirements of this subchapter for the provision and placement of print access aids by the state library are contingent on the receipt of...
- Texas Section 441.121 - Short Title
This subchapter may be cited as the Library Systems Act. Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
- Texas Section 441.122 - Definitions
In this subchapter: (1) "Accreditation of libraries" means the evaluation and rating of libraries according to commission accreditation standards. (2) "Accreditation standards" means the criteria...
- Texas Section 441.123 - Establishment Of State Library System
The commission shall establish and develop a state library system. Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
- Texas Section 441.124 - Advisory Board
(a) The commission shall appoint an advisory board composed of five librarians qualified by training, experience, and interest to advise the commission on the policy...
- Texas Section 441.125 - Plan Of Service
The director and librarian shall submit an annual plan for the development of the state library system for review by the advisory board and approval...
- Texas Section 441.126 - Authority To Establish Systems
The commission may establish and develop major resource systems or regional library systems in conformity with the plan for a state library system as provided...
- Texas Section 441.127 - Membership In System
(a) To be eligible for membership in a major resource system or regional library system a library must be accredited by the commission as having...
- Texas Section 441.1271 - Extending Membership Of Systems To Certain Nonpublic Libraries
(a) A major resource system may extend its membership to include libraries that are not public libraries and that are operated by one of the...
- Texas Section 441.128 - Operation And Management
(a) Governing bodies within a major resource system area or regional library system area may join in the development, operation, and maintenance of the system...
- Texas Section 441.129 - Withdrawal From System
(a) The governing body of a political subdivision of the state may by resolution or ordinance withdraw from a major resource system. The governing body...
- Texas Section 441.130 - Advisory Council
(a) Each major resource system has an advisory council composed of not more than 12 members representing the member libraries of the system. (b) The...
- Texas Section 441.131 - Regional Library System
(a) The governing bodies of two-thirds of the member libraries of a major resource system may elect, for the purpose of administering the receipt and...
- Texas Section 441.132 - Major Resource Centers
(a) The commission may designate major resource centers from existing public libraries according to criteria approved by the commission and agreed to by the governing...
- Texas Section 441.135 - Grants
(a) Using state, federal, or other funds, the commission shall establish a program of grants within the limitations of funds appropriated by the legislature. The...
- Texas Section 441.136 - Rules
(a) The director and librarian, with the advice of the advisory board, shall propose rules necessary to the administration of the program of state grants,...
- Texas Section 441.137 - Administration
The director and librarian shall administer the program of state grants and shall make public the rules adopted by the commission. Acts 1987, 70th Leg.,...
- Texas Section 441.138 - Funding
(a) The commission may use funds appropriated by the legislature for personnel and other administrative expenses necessary to carry out the provisions of this subchapter....
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER J PRESERVATION AND MANAGEMENT OF LOCAL GOVERNMENT RECORDS
- Texas Section 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...
- Texas Section 441.151 - Definitions
In this subchapter: (1) "Commission" means the Texas State Library and Archives Commission. (2) "Custodian" means the appointed or elected public officer who by the...
- Texas Section 441.152 - Duties And Responsibilities Of The Director And Librarian
The director and librarian shall: (1) carry out the duties and responsibilities of the commission relating to the management and preservation of local government records...
- Texas Section 441.153 - Regional Historical Resource Depositories
(a) To provide for an orderly, uniform statewide system for the professional retention and preservation of historical resources in the region of their origin or...
- Texas Section 441.154 - Regional Research Centers
(a) To provide additional methods for the preservation of the historical resources of the state in the region of their origin or interest and to...
- Texas Section 441.155 - Placement And Removal Of Resources
(a) The commission may place any historical resources in its custody in a depository or research center. (b) Subject only to an agreement under Section...
- Texas Section 441.156 - Contracting Authority
(a) The commission may enter into contracts or agreements that it considers necessary or advisable to foster and assist in the development of local government...
- Texas Section 441.157 - Grant-in-aid Program
(a) A program of state grants within the limitations of funds appropriated by the legislature is established for the purpose of aiding local governments in...
- Texas Section 441.158 - Local Government Records Retention Schedules
(a) The director and librarian, under the direction of the commission, shall prepare and distribute free of charge to records management officers of affected local...
- Texas Section 441.159 - Prior Retention Periods In County Records Manual
Retention periods for county records contained in the county records manual or any amendments to the manual approved before September 1, 1989, as provided under...
- Texas Section 441.160 - Revisions To Records Retention Schedules
The records retention schedules may be revised and the revisions take effect according to their terms when they are approved and adopted in the same...
- Texas Section 441.166 - State Agency Rules
A state agency other than the commission, the Texas Supreme Court, or the Texas Court of Criminal Appeals may not require a local government to...
- Texas Section 441.167 - Statutory Filing And Review
The director and librarian may designate employees of the commission to act as deputies in the approval or disapproval or acceptance or rejection for filing...
SUBCHAPTER L PRESERVATION AND MANAGEMENT OF STATE RECORDS AND OTHER HISTORICAL RESOURCES
- Texas Section 441.168 - Microfilming And Storing Local Government Records
(a) On request of a local government, the director and librarian may provide for the microfilming or storage of the local government records of that...
- Texas Section 441.180 - Definitions
In this subchapter: (1) "Agency head" means the appointed or elected official who serves by the state constitution, state statute, or action of the governing...
- Texas Section 441.181 - State Archives Program
(a) The commission shall take legal custody of and preserve archival state records and shall endeavor to collect and preserve other historical resources determined by...
- Texas Section 441.182 - State Records Management Program
(a) The commission shall assist state agencies in managing state records in accordance with this subchapter and rules adopted under this subchapter. (b) The director...
- Texas Section 441.183 - Records Management Programs In State Agencies
The agency head of each state agency shall: (1) establish and maintain a records management program on a continuing and active basis; (2) create and...
- Texas Section 441.184 - Records Management Officers
(a) Each state agency head shall act as or appoint a records management officer for the state agency to administer the agency's records management program....
- Texas Section 441.185 - Record Retention Schedules
(a) Each records management officer, with the cooperation of any staff of a state agency that the officer considers necessary, shall survey the state records...
- Texas Section 441.1855 - Retention Of Contract And Related Documents By State Agencies
Notwithstanding Section 441.185 or 441.187, a state agency: (1) shall retain in its records each contract entered into by the state agency and all contract...
- Texas Section 441.186 - Archival State Records
(a) The state archivist, through review of state records retention schedules submitted to the state records administrator under Section 441.185 and other means available under...
- Texas Section 441.187 - Destruction Of State Records
(a) A state record may be destroyed by a state agency if: (1) the record appears on a records retention schedule approved under Section 441.185...
- Texas Section 441.188 - Microfilmed State Records
(a) Any state record may be maintained on microfilm. (b) The microfilming of any state record and the maintenance of a state record on microfilm...
- Texas Section 441.189 - Electronic State Records
(a) Any state record may be created or stored electronically in accordance with standards and procedures adopted as administrative rules of the commission. (b) Certified...
- Texas Section 441.190 - Protection, Maintenance, And Storage Of State Records
(a) The commission may adopt rules establishing standards and procedures for the protection, maintenance, and storage of state records. (b) In the development and adoption...
- Texas Section 441.191 - Alienation Of State Records Prohibited
(a) A state record may not be sold or donated, loaned, transferred, or otherwise passed out of the custody of the state by a state...
- Texas Section 441.192 - Right Of Recovery
(a) The governing body of a state agency may demand the return of any state record in the private possession of a person if the...
- Texas Section 441.193 - Custody Of State Records And Other Historical Resources Of Commission; Public Access
(a) All archival state records transferred to the custody of the commission in accordance with this subchapter and all other historical resources acquired by the...
- Texas Section 441.194 - Records Of Abolished State Agencies
(a) Unless otherwise provided by law, the comptroller shall take custody of the records of a state agency that is abolished by the legislature and...
- Texas Section 441.195 - Contracting Authority
(a) The commission may enter into any contract or agreement that it considers necessary or advisable to foster and assist the preservation and management of...
- Texas Section 441.196 - Sale Of Copies Of State Archives
(a) The commission may sell copies of state archival records and other historical resources in its possession at a price not exceeding 25 percent above...
- Texas Section 441.197 - Sale Of Duplicate Or Unneeded Material
(a) After certification by both the director and librarian and the state archivist that an archival state record or other historical resource in the custody...
- Texas Section 441.198 - Agreement With Mexico
(a) The commission may negotiate an agreement with the appropriate authorities in Mexico under which this state will trade or lend to Mexico the flags...
- Texas Section 441.199 - Rulemaking Authority
In addition to other rulemaking authority granted in this subchapter, the commission may adopt other rules it determines necessary for cost reduction and efficiency of...
- Texas Section 441.200 - Audit
The state auditor may report on a state agency's compliance with this subchapter and rules adopted under this subchapter. Added by Acts 1997, 75th Leg.,...
- Texas Section 441.201 - Records Of Office Of Governor
In consultation with the commission, a governor may designate an institution of higher education or alternate archival institution in the state, in lieu of the...
- Texas Section 441.202 - Archives Of General Land Office
(a) Any papers, including any book, transfer, power of attorney, field note, map, plat, legal proceeding, official report, or original document, that pertain to the...
- Texas Section 441.203 - Records Management Interagency Coordinating Council
(a) The Records Management Interagency Coordinating Council is composed of: (1) permanent members, consisting of the following officers or the officer's designee: (A) the secretary...
- Texas Section 441.204 - Records Of Office Of Lieutenant Governor
(a) Notwithstanding any other law, a lieutenant governor who vacates the office of lieutenant governor to complete the unexpired term of the governor as provided...
SUBCHAPTER M TEXSHARE LIBRARY CONSORTIUM
- Texas Section 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...
- Texas Section 441.221 - Definition
In this subchapter: (1) "Commission" means the Texas State Library and Archives Commission. (2) "Institution of higher education" includes an institution of higher education as...
- Texas Section 441.222 - Creation Of Consortium
The commission shall establish and maintain the TexShare consortium as a resource-sharing consortium operated as a program within the commission for libraries at institutions of...
- Texas Section 441.223 - Findings; Purpose And Methods
The legislature finds that it is necessary to assist libraries across the state to promote the public good by achieving the following public purposes through...
- Texas Section 441.224 - Membership; Fees
(a) Membership in the consortium is open to all institutions of higher education, all public libraries that are members of the state library system, and...
- Texas Section 441.225 - Administration; Rules
(a) The director and librarian administers the consortium. The director and librarian shall employ a staff that is sufficient in number, education, and experience to...
- Texas Section 441.226 - Advisory Board
(a) The commission shall appoint an advisory board to advise the commission on matters relating to the consortium. Composition of the board must be representative...
- Texas Section 441.227 - Role And Scope Of Consortium
The consortium shall engage in activities designed to facilitate library resource sharing. These activities must include providing electronic networks, shared databases, and other infrastructure necessary...
- Texas Section 441.228 - Acceptance And Use Of Gifts Or Grants
In addition to state appropriations, the commission may accept from any public or private source gifts or grants of money, property, or services, and spend...
- Texas Section 441.229 - Group Purchasing Agreements
(a) For the purposes of administering this subchapter, the commission may enter into group purchasing agreements on behalf of the consortium under which materials or...
SUBCHAPTER N TEXAS HISTORICAL RECORDS ADVISORY BOARD
- Texas Section 441.230 - Grants To Membership Institutions
To achieve the purposes of this subchapter, the commission may grant money to consortium members. The commission shall ensure that the commission or institutions in...
- Texas Section 441.241 - Definitions
In this subchapter: (1) "Board" means the Texas Historical Records Advisory Board. (2) "Commission" means the Texas State Library and Archives Commission. (3) "Director and...
- Texas Section 441.242 - Texas Historical Records Advisory Board
(a) The Texas Historical Records Advisory Board is established to serve as the central advisory body for historical records planning and projects funded by the...
- Texas Section 441.243 - Composition Of The Board
(a) The board is composed of: (1) the state archivist, who shall be appointed as the historical records coordinator by the governor; (2) two public...
- Texas Section 441.244 - Terms
(a) The historical records coordinator serves a four-year term. (b) The two public members appointed by the governor serve staggered terms of three years with...
- Texas Section 441.245 - Compensation
A member of the board is not entitled to compensation but is entitled to reimbursement from board funds for the travel expenses incurred by the...
- Texas Section 441.246 - Vacancy
A vacancy on the board shall be filled in the same manner as the original appointment. Added by Acts 1997, 75th Leg., ch. 872, Sec....