TITLE 13. CULTURAL RESOURCES

PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION

CHAPTER 2. GENERAL POLICIES AND PROCEDURES

SUBCHAPTER C. GRANT POLICIES

DIVISION 1. GENERAL GRANT GUIDELINES

13 TAC §§2.116, 2.119, 2.120

The Texas State Library and Archives Commission (commission) proposes amendments to §2.116, Uniform Grant Management Standards (UGMS) and §2.119, Multiple Applications, and new §2.120, Applicant Eligibility.

BACKGROUND. The proposed amendments and new rules are necessary to provide clarity as to the types of entities that are eligible to apply for grants and particularly to clarify when a non-profit entity is an eligible applicant. The proposed amendments also clarify when an entity may submit multiple applications for a grant and update an outdated citation.

SUMMARY. The proposed amendment to §2.116 corrects a typographical error in the rule title and updates the citation to the Texas Comptroller of Public Accounts' (CPA) rules related to Uniform Grant and Contract Standards. The current citation in §2.116 references the rules prior to the transfer of this function from the Office of the Governor to the CPA and needs to be updated.

The proposed amendments to §2.119 clarify that applicants for competitive grants may submit more than one grant application per grant cycle, so long as the applications are for different projects and in different grant programs. The proposed amendments also clarify that the prohibition on submitting the same or similar grant application pertains to grants in the same cycle. Lastly, the proposed amendments clarify that an applicant may submit more than one grant application in a grant program in the same cycle if the grant program contains separate grant application categories and the proposals are different.

Proposed new §2.120 adds a general rule on applicant eligibility. While individual rules pertaining to specific grants speak to eligibility, this rule is necessary to clarify the only entities eligible to apply for any grant under Chapter 1 or Chapter 2 of this Title, and to clarify that a non-profit entity is eligible only if the entity is applying on behalf of accredited libraries or TexShare members and if the entity's organizational charter, operating guidelines, or mission statement includes providing direct support for library activities and goals as a defined objective. The proposed new rule also clarifies that unless the grant guidelines specifically provide otherwise, public school libraries are not eligible applicants but may participate as partners in grants managed by eligible applicants.

FISCAL IMPACT. Jennifer Peters, Director, Library Development and Networking, has determined that for each of the first five years the proposed amendment and new rule are in effect, there will be no increase in costs to the state as a result of enforcing or administering these rules, as proposed. Ms. Peters does not anticipate a fiscal impact to local governments as a result of enforcing or administering these rules, as proposed.

PUBLIC BENEFIT AND COSTS. Ms. Peters has determined that for each of the first five years the proposed amendment and new rules are in effect, the anticipated public benefit will be improved clarity in the grant application process. There are no anticipated economic costs to persons required to comply with the proposed amendment and new rule.

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 rules 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 rules will be in effect, the commission has determined the following:

1. The proposed rules will not create or eliminate a government program;

2. Implementation of the proposed rules will not require the creation of new employee positions or the elimination of existing employee positions;

3. Implementation of the proposed rules will not require an increase or decrease in future legislative appropriations to the commission;

4. The proposed rules will not require an increase or decrease in fees paid to the commission;

5. The proposed rules will create a new regulation as authorized by Government Code, §441.135;

6. The proposed rules will not expand, limit, or repeal an existing regulation;

7. The proposed rules will not increase the number of individuals subject to the proposed rules' applicability; and

8. The proposed rules 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 rules do not constitute a taking under Texas Gov't Code §2007.043.

REQUEST FOR PUBLIC COMMENT. Written comments on the proposed amendment and new rule may be submitted to Jennifer Peters, Director, Library Development and Networking, 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 amendment and new rule are proposed under Government Code §441.135, which authorizes the commission to adopt rules regarding the guidelines for awarding grants.

CROSS REFERENCE TO STATUTE. Government Code, Chapter 441, Subchapter I.

§2.116.Uniform Grant [Grants] Management Standards (UGMS).

The agency adopts by reference the Uniform Grant Management Standards. The standards adopted by reference have been published as 34 TAC §§20.456 - 20.467 [1 TAC §§5.141 - 5.151 and §5.167].

§2.119.Multiple Applications.

Applicants for competitive grants may submit more than one grant application per grant cycle, provided that the applications are for different projects[,] and in different grant programs. Applicants may not submit the same, or nearly the same, application in more than one grant program in the same cycle. Applicants may only submit more than one grant application in [for] a grant program in the same cycle if the grant program has specified separate categories for application and the proposals submitted are not for the same, or nearly the same, project.

§2.120.Applicant Eligibility.

(a) The following Texas entities are eligible to apply for funding through certain grant programs in Chapter 1 and Chapter 2 of this Title through their governing authorities:

(1) public libraries accredited under Subchapter C of Chapter 1 of this Title (relating to Minimum Standards for Accreditation of Libraries in the State Library System);

(2) other TexShare Library Consortium member institutions; or

(3) nonprofit organizations applying on behalf of accredited libraries or TexShare member institutions.

(b) For grant programs that include non-profit organizations among eligible applicants, a non-profit organization is eligible to apply only if the organization's organizational charter, operating guidelines, or mission statement includes providing direct support for activities and goals of one or more eligible entities as a defined objective.

(c) Unless the grant guidelines specifically provide otherwise, public school libraries are not eligible applicants but may participate as partners in grants managed by eligible applicants.

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 August 10, 2020.

TRD-202003227

Sarah Swanson

General Counsel

Texas State Library and Archives Commission

Earliest possible date of adoption: September 20, 2020

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