TITLE 13. CULTURAL RESOURCES

PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION

CHAPTER 6. STATE RECORDS

SUBCHAPTER A. RECORDS RETENTION SCHEDULING

13 TAC §§6.1, 6.5, 6.8

The Texas State Library and Archives Commission (commission) adopts amendments to 13 TAC §§6.1, Definitions; 6.5, Certification of Records Retention Schedules and Amendments; and 6.8, Implementation of Certified Records Retention Schedules. The amendments are adopted without changes to the proposed text as published in the June 26, 2020, issue of the Texas Register (45 TexReg 4249). The rules will not be republished.

EXPLANATION OF ADOPTED AMENDMENTS AND NEW SECTIONS. The amendments are necessary to improve accuracy and clarity of the rules and to add references to the Texas State University Retention Schedule (URRS), a schedule added as §6.10(b) in December 2019.

The amendments to §6.1 add the definition of Texas State University Records Retention Schedule, update the definition of Texas State Records Retention Schedule for consistency, and renumber the definitions accordingly.

The amendment to §6.5 adds a reference to the Texas State University Records Retention Schedule.

The amendment to §6.8 updates the title of a referenced standard and adds the ability to transfer archival records in electronic format.

SUMMARY OF COMMENTS. The Commission did not receive any comments on the proposed amendments or new rule.

STATUTORY AUTHORITY. The amendments are adopted under Government Code, §441.158, which requires the Commission to adopt records retention schedules by rule and requires the Commission to provide records retention schedules to local governments, and Government Code, §441.160, which allows the commission to revise the schedules.

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 August 10, 2020.

TRD-202003226

Sarah Swanson

General Counsel

Texas State Library and Archives Commission

Effective date: August 30, 2020

Proposal publication date: June 26, 2020

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


CHAPTER 7. LOCAL RECORDS

SUBCHAPTER A. REGIONAL HISTORICAL RESOURCE DEPOSITORIES AND REGIONAL RESEARCH CENTERS

13 TAC §§7.1, 7.7, 7.10

The Texas State Library and Archives Commission (commission) adopts amendments to §7.1, Definitions and §7.7, Title to Materials, and new §7.10, Application for Transfer of Title to Local Historical Resources. The new and amended sections are adopted with no changes to the proposed text as published in the May 8, 2020, issue of the Texas Register (45 TexReg 2963). The rules will not be republished.

EXPLANATION OF ADOPTED AMENDMENTS AND NEW SECTION. The amendments and new rule are adopted, in part, to implement Recommendation 2.4 in the Sunset Advisory Commission's Staff Report with Final Results, 2018-2019, 86th Legislature and Government Code, §441.153(g), which requires the commission, in consultation with depositories, to adopt rules providing an application procedure and standards for evaluating applications to transfer title to local historical resources to depositories.

The amendment to §7.1 adds a definition of "local historical resources." This definition is necessary because the statute refers to "local historical resources" and "state historical resources," but only defines "historical resources." The newly added definition clarifies that when "local historical resources" is used in §7.10, it refers to local government records as defined by the Local Government Code and to other items of historical interest or value to a specific region transferred to the custody of and accepted by the commission.

The amendment to §7.7 references new §7.10 and clarifies that title to materials given, donated, or transferred to the commission but placed in a depository remains with the commission except as authorized by the new rule.

New §7.10 establishes the application procedure and standards for approval of a request.

New subsection (a) is the statement authorizing a depository to request the transfer and provides that the commission will approve the transfer only if it is in the best interest of the state, as required by statute.

New subsection (b) requires a depository that wishes to transfer title to local historical resources to apply using a form provided by the commission. The form must be filled out completely and signed by an authorized representative of the depository's institution.

New subsection (c) clarifies that a depository may only apply for transfer of title to local historical resources currently held by the depository for which the commission has accession documentation. This requirement will ensure the commission has authority to approve the legal transfer. This subsection also clarifies that a depository may not apply for transfer of historical resources unless they are local historical resources. The subsection also specifies that a depository may not apply for transfer of records of local governments not currently held by the depository on behalf of the commission. Lastly, the subsection specifies that a depository must request transfer of all historical resources in one application. This requirement will minimize confusion regarding the records for researchers and ensure the administrative burden of managing records does not increase due to a piecemeal approach.

New subsection (d) provides that the State Archivist will review applications and notify the depository whether the application is approved or denied within 30 days of receipt, or notify the depository of a new date if the State Archivist is unable to make a determination within 30 days. This subsection also allows an applicant to appeal a denial of a transfer request to the director and librarian, whose decision is final.

New subsection (e) requires approved applicants to continue to meet the requirements of §7.3, Minimum Requirements for Depositories, for local historical resources transferred to the depository under this section. This requirement will ensure the local historical resources are preserved according to established archival standards. The commission recognizes it has no authority to enforce this requirement once title to local historical records has transferred; however, this requirement remains in effect for a depository to continue as a depository under Government Code, §441.153, and reflects generally accepted standards. As such, this requirement should not place a new burden on a depository.

New subsection (f) provides examples of when a request may not be approved, including (1) when the request is for a state historical resource, (2) the request is for a resource not currently held by the depository, (3) the application is not signed, (4) the depository is unable to demonstrate the record was transferred to the depository by the commission, (5) the depository is not in compliance with §7.3 (relating to Minimum Requirements for Depositories), and (6) the transfer is not in the best interest of the state.

SUMMARY OF COMMENTS. The Commission did not receive any comments on the proposed amendments or new rule.

STATUTORY AUTHORITY. The amendments and new section are adopted under Government Code, §441.153(g), which requires the commission, in consultation with depositories, to adopt rules providing an application procedure and standards for evaluating applications to transfer title to local historical resources to depositories.

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 August 10, 2020.

TRD-202003225

Sarah Swanson

General Counsel

Texas State Library and Archives Commission

Effective date: August 30, 2020

Proposal publication date: May 8, 2020

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