PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CHAPTER 2. ARCHIVES AND HISTORICAL RESOURCES
SUBCHAPTER A. PRINCIPLES AND PROCEDURES OF THE COMMISSION
The Texas State Library and Archives Commission (commission) proposes amendments to Title 13, Chapter 2, §2.51, Public Record Fees, and §2.52, Customer Service Policies.
BACKGROUND. The commission proposes to amend §2.51 regarding fees for public records provided through its public services, which include the State Archives and the library services provided to the public, and §2.52 regarding the commission's public services customer service policies. The amendments to both rules are necessary to update and modernize the rules and simplify the language for clarity.
EXPLANATION OF PROPOSED AMENDMENTS. Proposed amendments to §2.51 update and clarify language for readability and consistency with other commission rules and delete language that is unnecessary, either because it is obsolete or because it is repetitive of other portions of the rule or existing law and therefore not necessary in the rule.
References to the commission are changed to "agency" throughout the rule for consistency with the commission's other rules and in accordance with the definitions of "commission" and "agency" in Chapter 2. The proposed update to the legal citation in subsection (a) ensures any changes to that chapter are automatically included in the commission's rule. The requirement to review the fee schedule annually is proposed for deletion as the agency continuously reviews and updates the fee schedule for any applicable changes. The fee schedule restates fees noted in other portions of this rule, in rules of the Office of Attorney General, or in statute. Proposed amendments to subsection (b)(6) simplify the language regarding third party access charges. As of the date of this proposal, the agency does not provide any services with third party access charges. Should such a charge become applicable in the future, the agency would charge a patron for the patron's access to such system or service. The commission proposes to delete subsection (c), as there is no need to restate copyright law in administrative rule. Finally, the commission proposes to delete subsection (d) as it is redundant of subsection (a).
Proposed amendments to §2.52 would change the name of the section to Patron Registration and Customer Service and simplify and clarify the rule language. The proposed amendments to subsection (a) clarify that any individual aged 17 or older who wishes to access materials in the State Archives or access certain library services, including borrowing items from the agency's circulating collections, interlibrary loan, and remote access to TexShare databases, must register in person each year by presenting a current government-issued photo identification, signing a registration agreement, and providing contact information. The proposed amendments also clarify that patrons of the State Archives must also comply with the commission's rule regarding access to archival state records and other historical resources, §10.2. The proposed amendments simplify the language noting that only individuals are eligible for patron registration and deletes subsection (a)(4) as it is unnecessary given the identification of services that require registration in subsection (a)(1).
Proposed amendments to subsections (b) and (c) streamline language and simplify the subsections. Subsections (d) and (e) are proposed for deletion as the rule's applicability and services requiring registration are noted in subsection (a)(1). Subsection (f) is proposed for deletion as it is obsolete. Finally, proposed amendments to subsection (g), which would become subsection (d) once amended, simplify and clarify the language regarding what might lead to suspension of a patron's borrowing privileges and add language noting that any individual who has been suspended may appeal to the director and librarian in compliance with the commission's protest procedure rule.
FISCAL IMPACT. Jelain Chubb, Division Director of State Archives, has determined that for each of the first five years the proposed amendments are in effect, there are no reasonably foreseeable fiscal implications for the state or local governments as a result of enforcing or administering these amended rules, as proposed.
PUBLIC BENEFIT AND COSTS. Ms. Chubb has determined that for each of the first five years the proposed amendments are in effect, the anticipated public benefit will be increased clarity regarding fees for public records and the process and requirements for accessing the State Archives or other specified services provided by the agency.
There are no anticipated economic costs to persons required to comply with the proposed amendments.
LOCAL EMPLOYMENT IMPACT STATEMENT. The proposal has no measurable impact on local economy; therefore, no local employment impact statement under Government Code, §2001.022 is required.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT STATEMENT. There will be no adverse economic effect on small businesses, micro-businesses, or rural communities; therefore, a regulatory flexibility analysis under Government Code, §2006.002 is not required.
COST INCREASE TO REGULATED PERSONS. The rules as proposed for amendment do not impose or increase a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the commission is not required to take any further action under Government Code, §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT. In compliance with Government Code, §2001.0221, the commission provides the following government growth impact statement. For each year of the first five years the rules as proposed for amendment will be in effect, the commission has determined the following:
1. The rules as proposed for amendment will not create or eliminate a government program;
2. Implementation of the rules as proposed for amendment will not require the creation of new employee positions or the elimination of existing employee positions;
3. Implementation of the rules as proposed for amendment will not require an increase or decrease in future legislative appropriations to the commission;
4. The proposal will not require an increase or decrease in fees paid to the commission;
5. The proposal will not create new regulations;
6. The proposal will not expand, limit, or repeal an existing regulation;
7. The proposal will not increase the number of individuals subject to the proposed rules' applicability; and
8. The proposal will not positively or adversely affect the state's economy.
TAKINGS IMPACT ASSESSMENT. 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. Therefore, the proposed rules do not constitute a taking under Government Code, §2007.043.
REQUEST FOR PUBLIC COMMENT. Written comments on the proposed amendments may be submitted to Sarah Swanson, General Counsel, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas, 78711, or via email at rules@tsl.texas.gov. To be considered, a written comment must be received no later than 30 days from the date of publication in the Texas Register.
STATUTORY AUTHORITY. The amendments are proposed under Government Code, §2001.004, which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures; §552.230, which authorizes governmental bodies to adopt reasonable rules of procedure under which public information may be inspected and copied; §603.004, which authorizes the state librarian to charge for a photographic copy a fee determined by the commission with reference to the amount of labor, supplies, and materials required; and, more specifically, §441.193. which provides that the commission shall adopt rules regarding public access to archival state records and other historical resources in the possession of the commission; and §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, Chapter 441.
§2.51.Public Record Fees.
(a) The agency [Texas State Library]
will charge the fees established by the Office of the Attorney General in Texas Administrative Code, Title 1, Part 3, Chapter 70 [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 of materials from its collections of library and archival materials that are maintained for public reference;
(2) Copies of public records of other agencies stored in the State Records Center; and
(3) Records of the agency [commission].
(b) The agency [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 agency [library]
will charge as follows:
(1) Certification of copies is $5.00 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 rate available on the agency fee schedule.
(4) The charge for duplication of non-standard materials from the archival collections is the actual commercial reproduction cost plus 25% of that cost.
(5) 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, will be charged.
(6) A customer will be billed for any third-party [third party] access or use charges, if applicable.
[Examples of services where use charges might occur include,
but are not limited to:]
[(A) Digital information resources
available through online services; or]
[(B) Document delivery or interlibrary loan services for providing materials or copies.]
(7) The minimum charge for any service requiring preparation of an invoice is $1.00.
[(c) Reproduction of copyrighted materials
will be carried out in conformance with the copyright law of the United
States (Title 17, United States Code).]
[(d) 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.]
(c) [(e)] The agency [library] will not provide copies of or access to the records
of other entities [agencies] housed in the State
Records Center without written permission of the entity
[agency].
§2.52.Patron Registration and Customer Service [Policies].
(a) Registration.
(1) Any person 17 years of age or older wishing
to access materials in the State Archives or access certain library
services, including, but not limited to, borrowing items from the
agency's circulating collections, interlibrary loan, and remote access
to TexShare databases, must register with the agency in person each
year by presenting a current government-issued photo identification,
signing a registration agreement, and providing their name, home address,
telephone number, and e-mail address, if applicable or required for
specific services. [Texas state employees and persons affiliated
with state or local governments in Texas, staff of public, academic,
special, or school libraries, and faculty or students of graduate
schools of library and information science in Texas must register
each year in person, by telecommunications or mail. Registration includes
providing the following information:]
[(A) place of employment or study, address, and telephone number;]
[(B) home address and telephone number; and]
[(C) driver's license or date of birth.]
(2) Patrons of the State Archives must also comply with §10.2 of this title (relating to Public Access to Archival State Records and Other Historical Resources). [Others must register each year in person, presenting valid photo identification with a current address, sign a registration agreement, and provide the information detailed in paragraph (1) of this subsection. The signed registration is kept on file. Registration must be renewed annually by presenting current photo identification with an address
and provide the information detailed in paragraph (1) of this subsection.]
(3) Only individuals are eligible for patron registration.
Entities of any type or groups of individuals are not eligible for
patron registration. [No corporations, libraries, or groups
may register; only individuals who are 16 years or older may register.
However, persons under age 16 are welcome to use the services if supervised
by an adult. Persons age 12 or younger are not admitted in the State
Archives reference room; however, they may use other services and
facilities of the library under supervision of a registered customer.]
[(4) Customers without acceptable
photo identification or other information may be registered temporarily
for supervised use of materials at the library; however, customers
without a verified work or home address in Texas may not check out
circulating materials.]
(b) Loans of Circulating Items [Loan Periods].
(1) The loan period for circulating items borrowed
by patrons is four weeks. Loans may be renewed once for one four-week
period if the item has not been reserved by another patron. Overdue
materials may be renewed if they are less than 4 weeks overdue. [Loans of circulating items are four weeks with the following exceptions.]
[(A) Video materials are loaned for three weeks.]
[(B) Materials are loaned to other libraries for five weeks.]
[(C) Collection development materials are loaned for eight weeks.]
(2) The loan period for materials loaned to other
libraries through the interlibrary loan program is eight weeks. [Renewal of
loans.]
[(A) Loans may be renewed once for
four weeks if there are no reserves on the item.]
[(B) Customers may renew loans in person, by telecommunications or mail.]
[(C) Libraries may renew interlibrary loans once if there are no reserves on the item.]
[(D) Overdue materials may be renewed if they are less than 4 weeks overdue.]
(3) There is no limit on the number of circulating
items a patron may borrow except for reels of microfilm, which are
limited to a maximum of five reels of microfilm at one time. [Number of items per
customer.]
[(A) The number of circulating items
that may be borrowed at one time is not limited, except that a customer
may only borrow six reels of microfilm at one time.]
[(B) Additional restrictions apply to the State Archives. Only one box, one pension application, case file, bill file, or map may be used at a table at a time. No more than five volumes may be on a table at a time. Only one folder may be removed from a box at a time. Added materials may be requested and kept on a book truck or at a staff member's desk.]
(c) Overdue and Lost Items.
(1) Patrons [Customers] are responsible
for items checked out in their name until they are returned to the
circulation desk of the collection from which they were borrowed.
Items must [may] be returned in person
at the Lorenzo de Zavala State Archives and Library Building, 1201
Brazos, Austin, Texas 78701-1938. [by either of the following:]
[(A) United States mail services to
Texas State Library, Box 12927, Austin, Texas 78711-2927;]
[(B) interagency mail or commercial delivery services to Texas State Library, Lorenzo de Zavala State Archives and Library Building, 1201 Brazos, Austin, Texas 78701-1938.]
(2) There is no fine for overdue items.
(3) The agency will assess patrons for the cost
of replacement of lost items. Replacement cost is based on the current
price of the item. [The costs of replacement are assessed
for lost items.]
(4) The agency will send a patron an invoice for
the replacement cost of an item when it is six weeks overdue. [An invoice for the value of an item is sent when it is six weeks overdue.
]
[(5) For government publications the
replacement cost is the current price or $.10 per page.]
[(d) Subsections (b) and (c) of this section are not applicable to the loan of materials from the commission's Talking Book Program. The loan policies of the program are administered according to guidelines set by the National Library Service of the Library of Congress.]
[(e) Services Requiring Registration. Customers must be registered to check out materials, request interlibrary loans of materials, use password services, or receive services for fees.]
[(f) Password Services. Some information services provided by telecommunications are limited to state employees or to staff of participating libraries and require a valid password for access.]
(d) [(g)] Suspension of Service.
(1) The agency may permanently suspend a patron's borrowing privileges if the patron fails to return materials within eight weeks of the due date more than two times. [Borrowing privileges may be suspended permanently for failures to return materials within eight weeks of the due date more than two times.]
(2) The agency may suspend all services to a patron for six months if the patron smokes (including tobacco, vaping, or
e-cigarettes) in an agency facility or brings any type of food, gum,
candy, throat lozenges, or liquid into an agency reading or reference
room. [Services at the library may be suspended for six
months for smoking in a facility of the commission or eating or drinking
in a reading or reference room.]
(3) The agency may permanently suspend all services
to a patron if the patron exhibits behavior the agency considers threatening,
harassing, or obscene toward agency staff or other patrons or if a
patron steals, damages, or destroys any item in the State Archives
or any other property of the agency. [Services at the library
may be permanently suspended for behavior that is threatening, harassing,
or obscene toward staff or other customers. If the service can be
provided through an alternate method that eliminates the problem behavior,
for example mail instead of telephone or telephone rather than at
the library, the service will be provided.]
(4) Any individual who has been suspended under
this subsection may appeal the decision by filing a protest with the
director and librarian in compliance with §2.55 of this title
(relating to Protest Procedure). [Theft or destruction
of state resources or property will result in permanent suspension
of all services immediately.]
[(5) Prior to a permanent suspension
of service, a customer will be notified in writing of the problem
and provided an opportunity to respond by a certain date if the customer
has a known postal or e-mail address. A temporary suspension will
be imposed until a decision has been reached.]
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 April 17, 2024.
TRD-202401636
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Earliest possible date of adoption: June 2, 2024
For further information, please call: (512) 463-5460
The Texas State Library and Archives Commission (commission) proposes amendments to Title 13, Chapter 10, §10.2, Public Access to Archival State Records and Other Historical Resources.
BACKGROUND. Government Code, §441.190 authorizes the commission to adopt rules establishing standards and procedures for the protection, maintenance, and storage of state records. The statute further directs the commission to pay particular attention to the maintenance and storage of archival and vital state records and authorizes the commission to adopt rules as it considers necessary to protect those records. In addition, and more specifically, Government Code, §441.193 authorizes the commission to adopt rules regarding public access to the archival state records and other historical resources in the possession of the commission. The proposed amendments are necessary to update and clarify the language of the rule and add a reference to §2.52, the commission's rule regarding patron registration and customer service, which is also proposed for amendment in this issue of the Texas Register.
EXPLANATION OF PROPOSED AMENDMENTS. A proposed amendment to subsection (a)(1) would add a reference to §2.52, proposed to be renamed Patron Registration and Customer Service. A proposed amendment to subsection (a)(3) adds "government-issued" before "photo identification" for consistency with the proposed amendments to §2.52. The other proposed amendments to the section would clarify who is required to register as a patron and change the word "survival" to "preservation" for consistency with the agency's mission.
FISCAL IMPACT. Jelain Chubb, State Archivist, has determined that for each of the first five years the proposed amendments are in effect, there are no reasonably foreseeable fiscal implications for the state or local governments as a result of enforcing or administering the amended rule, as proposed.
PUBLIC BENEFIT AND COSTS. Ms. Chubb has determined that for each of the first five years the proposed amendments are in effect, the anticipated public benefit will be increased clarity regarding the commission's rules related to access to the State Archives. There are no anticipated economic costs to persons required to comply with the proposed amendments.
LOCAL EMPLOYMENT IMPACT STATEMENT. The proposal has no impact on local economy; therefore, no local employment impact statement under Government Code, §2001.022 is required.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT STATEMENT. There will be no adverse economic effect on small businesses, micro-businesses, or rural communities; therefore, a regulatory flexibility analysis under Government Code, §2006.002 is not required.
COST INCREASE TO REGULATED PERSONS. The proposed amendments do not impose or increase a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the commission is not required to take any further action under Government Code, §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT. In compliance with Government Code, §2001.0221, the commission provides the following government growth impact statement. For each year of the first five years the proposed amendments will be in effect, the commission has determined the following:
1. The rule as proposed for amendment will not create or eliminate a government program;
2. Implementation of the rule as proposed for amendment will not require the creation of new employee positions or the elimination of existing employee positions;
3. Implementation of the rule as proposed for amendment will not require an increase or decrease in future legislative appropriations to the commission;
4. The proposal will not require an increase or decrease in fees paid to the commission;
5. The proposal will not create a new regulation;
6. The proposal will not expand, limit, or repeal an existing regulation;
7. The proposal will not increase the number of individuals subject to the proposed rule's applicability, as amended; and
8. The proposal will not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT. 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. Therefore, the proposed amendment does not constitute a taking under Government Code, §2007.043.
REQUEST FOR PUBLIC COMMENT. Written comments on the proposed amendments may be submitted to Sarah Swanson, General Counsel, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas 78711, or via email at rules@tsl.texas.gov. To be considered, a written comment must be received no later than 30 days from the date of publication in the Texas Register.
STATUTORY AUTHORITY. The amendments are proposed under Government Code, §441.190; which authorizes the commission to adopt rules establishing standards and procedures for the protection, maintenance, and storage of state records, paying particular attention to the maintenance, storage, and protection of archival and vital state records; and §441.193, which authorizes the commission to adopt rules regarding public access to the archival state records and other historical resources in the possession of the commission.
CROSS REFERENCE TO STATUTE. Government Code, Chapter 441, Subchapter L, Preservation and Management of State Records and Other Historical Resources.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
§10.2.Public Access to Archival State Records and Other Historical Resources.
(a) Public access to archival state records and other historical resources in the possession of the agency will be granted under the following conditions, subject to subsection (b) of this section and §2.52 of this title (relating to Patron Registration and Customer Service).
(1) Access to archival state records and other historical resources maintained in Austin will be provided in the State Archives Reading Room of the Lorenzo de Zavala State Archives and Library Building.
(2) Access to archival state records and other historical resources maintained at the Sam Houston Regional Library and Research Center in Liberty, Texas will be provided in the Center's Reading Room.
(3) Registration and presentation of a current government-issued photo identification is required to use original archival state records and other resources.
(4) Researchers aged 17 and older may use original
archival state records and other resources. Researchers between the
ages of 13 and 16 are permitted to use original archival state records
and other resources if supervised by a registered patron 17 or
older [an adult]. One registered researcher [adult] per researcher between the ages of 13 and 16 is required.
Children aged 12 and under are not permitted to use original archival
state records or historical resources.
(5) All registered researchers [and
supervising adults, if applicable,] must agree to and comply
with the Reading Room Policies and instructions as provided by staff members.
(6) Access will be granted during business hours for each location as posted on the agency's website or as may be amended from time to time by additional notice.
(7) Request for access to archival state records or other historical resources must be submitted on a material request form whether the request is a Research Request or a Public Information Act (PIA) Request.
(b) The agency may restrict access to any original
archival state record or other historical resource in its possession
and provide only copies if, in the opinion of the state archivist,
such access would compromise the continued preservation [survival] of the original item. The state archivist will consider
the following factors in the consideration of requests for access
to original archival state records or other historical resources:
(1) physical condition of the archival state record or resource;
(2) availability of a digital or other facsimile copy of the archival state record or resource;
(3) the intrinsic or monetary value of the item to the State; and
(4) any other factor that, in the opinion of the state
archivist, may compromise the continued preservation [survival
] of the original item.
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 April 17, 2024.
TRD-202401634
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Earliest possible date of adoption: June 2, 2024
For further information, please call: (512) 463-5460