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

The Texas State Library and Archives Commission proposes to amend Texas Administrative Code, Title 13, Part 1, Chapter 2, Subchapter A, §2.60, Friends Groups.

BACKGROUND. The commission recently concluded the first phase of a Regulatory Efficiency Review conducted by the Texas Regulatory Efficiency Office. As a result of this review, the commission, with the assistance of that office, has identified opportunities to simplify, streamline, and clarify many existing rules.

As part of this comprehensive review, the commission evaluated §2.61 (relating to Private Organizations or Donors), which was first adopted in 2007 to provide requirements regarding the relationship between the commission and its officers and employees and private donors and the acceptance of gifts from private donors. Section 2255.001 of the Government Code requires state agencies to adopt rules governing the relationship between a private donor or organization that is designed to further the purposes and duties of the agency and the agency and its employees. These rules must address all aspects of conduct of the agency and its employees in the relationship, including (1) the administration and investment of funds received by the organization for the benefit of the agency; (2) use of an employee or property of the agency by the donor or organization; (3) service by an officer or employee of the agency as an officer or director of the donor or organization; and (4) monetary enrichment of an officer of employee of the agency by the donor or organization. Upon review, the commission has determined that the requirements of Government Code, §2255.001 were already satisfied by §2.60 and proposed the repeal of §2.61 in this same issue of the Texas Register.

The commission now proposes to amend §2.60 by adding "private donors" to the section heading and subsections (b), (c), and (d). This amendment will ensure it is clear that §2.60 applies to both friends groups (private organizations) and private donors, as required by Government Code, §2255.001.

FISCAL IMPACT. Donna Osborne, Chief Financial Officer, has determined that for each of the first five years the proposed amendment is in effect, there will not be a fiscal impact on state or local government.

PUBLIC BENEFIT AND COSTS. Ms. Osborne has determined that for the first five-year period the rule as proposed for amendment is in effect, the public benefit will be a more concise and efficient chapter of regulations in the Texas Administrative Code. There are no anticipated economic costs to persons required to comply with the amendment.

LOCAL EMPLOYMENT IMPACT STATEMENT. The proposal has no measurable impact on the 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 rule as proposed for amendment does 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 rule as proposed for amendment will be in effect, the commission has determined the following:

1. The proposed 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 new regulations;

6. The proposal will not repeal an existing regulation;

7. The proposal will not increase or decrease the number of individuals subject to the applicability of the rule; and

8. The proposal will not positively or adversely affect the state 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 IMPACT INFORMATION. The commission requests, from any person required to comply with the proposed rules or any other interested person, information related to the cost, benefit, or effect of the proposed amendments, including any applicable data, research, or analysis. Requested information may be submitted to Donna Osborne, Chief Financial Officer, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas 78711, or via email at rules@tsl.texas.gov. Requested information must be received no later than 30 days from the date of publication in the Texas Register.

REQUEST FOR PUBLIC COMMENT. Written comments on the proposed amendment 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 amendment is proposed under Government Code §441.006, which provides the commission with the authority to govern the Texas State Library and Archives Commission and to adopt rules for the administration of the duties of the agency; and Government Code §2255.001, which requires state agencies to adopt rules governing the relationship between a private donor or organization that is designed to further the purposes and duties of the agency and the agency and its employees.

CROSS REFERENCE TO STATUTE. Government Code Chapters 441, 575, and 2255.

§2.60. Friends Groups and Private Donors.

(a) The commission may designate nonprofit organizations that are organized to raise funds and provide services and other benefits to the agency as a "friend" of the commission. A friends group must submit copies of its charter and bylaws or other organizational documents to the commission for review and approval. Upon designation as a friend of the commission and for so long as such designation exists, the commission may recognize a friends group. Designation as a "friend" shall be reviewed periodically but not less than once every five years.

(b) Funds accepted by friends groups or private donors for the benefit of the commission to support the purposes and programs of the commission are to be managed as reasonably prudent persons would manage funds if acting on their own behalf. Such funds are to be accounted for according to generally accepted accounting principles. A financial report shall be prepared at least annually and made available to the public upon request.

(c) The commission may authorize reasonable use of agency employees, equipment, or property by recognized friends groups or private donors in order to further or support the purposes or programs of the commission, provided such usage is commensurate with the benefit received or to be received by the commission. Agency employees shall receive no compensation from the friends groups or private donors for such service.

(d) A commission member or agency employee may not serve as an officer or director of a friends group or private donor. The commission will designate not more than one of its members to serve as liaison to each friends group or private donor.

(e) Nothing in this section shall supersede any rule or statute regulating the conduct of an employee of a state agency or the procedures of a state agency. To the extent of any conflict, the other rule or statute shall prevail.

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 6, 2026.

TRD-202603315

Sarah I. Swanson

General Counsel

Texas State Library and Archives Commission

Earliest possible date of adoption: September 20, 2026

For further information, please call: (512) 463-5460

13 TAC §2.61

The Texas State Library and Archives Commission proposes the repeal of Texas Administrative Code, Title 13, Part 1, Chapter 2, Subchapter A, §2.61, Private Donors.

As part of this comprehensive review, the commission evaluated §2.61, which was first adopted in 2007 to provide requirements regarding the relationship between the commission and its officers and employees and private donors and the acceptance of gifts from private donors. Section 2255.001 of the Government Code requires state agencies to adopt rules governing the relationship between a private donor or organization that is designed to further the purposes and duties of the agency and the agency and its employees. These rules must address all aspects of conduct of the agency and its employees in the relationship, including (1) the administration and investment of funds received by the organization for the benefit of the agency; (2) use of an employee or property of the agency by the donor or organization; (3) service by an officer or employee of the agency as an officer or director of the donor or organization; and (4) monetary enrichment of an officer of employee of the agency by the donor or organization. Upon review, the commission has determined that the requirements of Government Code, §2255.001 are satisfied by another existing rule, §2.60 (relating to Friends Groups). This existing rule clearly addresses each of the requirements in statute with respect to private organizations. Therefore, the commission has determined that the provisions of §2.61 are not necessary because §2.60 (relating to Friends Groups) sufficiently addresses the statutory requirements. In addition, the other provisions currently within §2.61 related to the use of funds by the agency and the acceptance of gifts by the commission are governed by existing state law. Therefore, the commission finds it appropriate to repeal §2.61 to reduce regulatory redundancy and improve the overall efficiency of the Administrative Code.

However, in a separate rulemaking in this issue of the Texas Register, the commission proposes to amend §2.60 by adding "private donors" to the section heading and subsections (b), (c), and (d). This amendment ensures it is clear that §2.60 applies to both friends groups (private organizations) and private donors, as required by Government Code §2255.001.

FISCAL IMPACT. Donna Osborne, Chief Financial Officer, has determined that for each of the first five years the proposed repeal is in effect, there will not be a fiscal impact on state or local government.

PUBLIC BENEFIT AND COSTS. Ms. Osborne has determined that for the first five-year period the repeal is in effect, the public benefit will be a more concise and efficient Administrative Code. There are no anticipated economic costs to persons required to comply with the repeal.

LOCAL EMPLOYMENT IMPACT STATEMENT. The proposal has no measurable impact on the local economy; therefore, no local employment impact statement under Government Code §2001.022 is required.

COST INCREASE TO REGULATED PERSONS. The rule as proposed for repeal does 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 rule as proposed for repeal will be in effect, the commission has determined the following:

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

2. Implementation of the rule as proposed for repeal will not require the creation of new employee positions or the elimination of existing employee positions;

3. Implementation of the rule as proposed for repeal 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 repeal an existing regulation;

7. The proposal will not increase or decrease the number of individuals subject to the applicability of the rule; and

8. The proposal will not positively or adversely affect the state 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 repeal does not constitute a taking under Government Code §2007.043.

REQUEST FOR PUBLIC COMMENT. Written comments on the proposed repeal 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 repeal is proposed under Government Code §441.006, which provides the commission with the authority to govern the Texas State Library and Archives Commission and to adopt rules for the administration of the duties of the agency.

CROSS REFERENCE TO STATUTE. Government Code Chapter 441.

§2.61. Private Donors.

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 6, 2026.

TRD-202603318

Sarah I. Swanson

General Counsel

Texas State Library and Archives Commission

Earliest possible date of adoption: September 20, 2026

For further information, please call: (512) 463-5460

CHAPTER 6. STATE RECORDS

SUBCHAPTER A. RECORDS RETENTION SCHEDULING

13 TAC §6.7

The Texas State Library and Archives Commission proposes to amend Texas Administrative Code, Title 13, Part 1, Chapter 6, Subchapter A, §6.7, Destruction of State Records.

As part of this comprehensive review, the commission evaluated §6.7 (relating to Destruction of State Records), which was first adopted in 1994 and last amended in 2005 to address the mandatory authorization process required before certain state records can be destroyed. Section 441.187 of the Government Code requires state agencies to secure approval from the director and librarian before destroying a state record if the record does not appear on the agency's approved records retention schedule.

Upon review, the commission has determined that §6.7 could be simplified by removing excess language that merely restates the statutory requirements. The commission now proposes to amend §6.7 by simplifying the language, ensuring that a state agency is aware it must receive written authorization from the director and librarian before destroying a state record if that record does not appear on the agency's approved records retention schedule. The proposed amendment also adds the specific statutory reference to the rule for additional clarity and transparency. The proposed amendment will not change any process at the commission - only regulatory language.

FISCAL IMPACT. Craig Kelso, State and Local Records Management Division Director, has determined that for each of the first five years the proposed amendment is in effect, there will not be a fiscal impact on state or local government.

PUBLIC BENEFIT AND COSTS. Mr. Kelso has determined that for the first five-year period the rule as proposed for amendment is in effect, the public benefit will be a more concise and efficient chapter of regulations in the Texas Administrative Code. There are no anticipated economic costs to persons required to comply with the amendment.

LOCAL EMPLOYMENT IMPACT STATEMENT. The proposal has no measurable impact on the local economy; therefore, no local employment impact statement under Government Code §2001.022 is required.

1. The proposed 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 new regulations;

6. The proposal will not repeal an existing regulation;

7. The proposal will not increase or decrease the number of individuals subject to the applicability of the rule; and

8. The proposal will not positively or adversely affect the state economy.

REQUEST FOR IMPACT INFORMATION. The commission requests, from any person required to comply with the proposed rules or any other interested person, information related to the cost, benefit, or effect of the proposed amendments, including any applicable data, research, or analysis. Requested information may be submitted to Craig Kelso, State and Local Records Management Division Director, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas 78711, or via email at rules@tsl.texas.gov. Requested information must be received no later than 30 days from the date of publication in the Texas Register.

STATUTORY AUTHORITY. The amendment is proposed under Government Code §441.187, which prohibits a state agency from destroying a state record without the prior approval of the state records administrator; Government Code §441.182, which tasks the commission with establishing an efficient and economical state records management program; and Government Code §441.006, which provides the commission with the general authority to adopt rules for the administration of the duties of the agency.

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

§6.7. Destruction of State Records.

If a state record does not appear on a state agency's approved records retention schedule, the state agency must obtain written authorization from the director and librarian before destroying the state record, as provided by Government Code, §441.187(a).

~~[(a) Without a certified records retention schedule, a state agency must request authorization from the director and librarian for the destruction of any state record.]~~

[(b) A state agency with a certified records retention schedule must request authorization from the director and librarian for the destruction of any state record that does not appear on the certified schedule or a certified amendment to the schedule.]

~~[(c) Requests for authorization for the destruction of state records shall be in a form and manner prescribed by the state records administrator.]~~

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 6, 2026.

TRD-202603317

Sarah I. Swanson

General Counsel

Texas State Library and Archives Commission

Earliest possible date of adoption: September 20, 2026

For further information, please call: (512) 463-5460

SUBCHAPTER C. STANDARDS AND PROCEDURES FOR MANAGEMENT OF ELECTRONIC RECORDS

13 TAC §6.98

The Texas State Library and Archives Commission proposes the repeal of Texas Administrative Code, Title 13, Part 1, Chapter 6, Subchapter C, §6.98, concerning the Uniform Electronic Transactions Act (UETA).

As part of this comprehensive review, the commission evaluated §6.98 (relating to Uniform Electronic Transactions Act (UETA)), which was adopted in 2017 to provide guidelines regarding the use of electronic records and electronic signatures by state agencies. Business and Commerce Code Chapter 322 (Uniform Electronic Transactions Act) sets forth the comprehensive, statewide statutory framework governing electronic records, signatures, and contracts. In addition, the Department of Information Resources has adopted guidelines for the management of electronic transactions and signed records in the Texas Administrative Code, Title 1, Part 10, Chapter 203, Management of Electronic Transactions and Signed Records. Upon review, the commission has determined that the provisions of §6.98 are redundant because the uniform statutory requirements and protections established directly under Business and Commerce Code Chapter 322 and the regulations in the Texas Administrative Code referenced above thoroughly govern and support these transactions. Therefore, the commission finds it appropriate to repeal §6.98 to reduce regulatory redundancy, streamline agency regulations, and improve the overall efficiency of the Texas Administrative Code.

FISCAL IMPACT. Craig Kelso, State and Local Records Management Division Director, has determined that for each of the first five years the proposed repeal is in effect, there will not be a fiscal impact on state or local government.

PUBLIC BENEFIT AND COSTS. Mr. Kelso has determined that for the first five-year period the repeal is in effect, the public benefit will be a more concise and efficient Administrative Code. There are no anticipated economic costs to persons required to comply with the repeal.

LOCAL EMPLOYMENT IMPACT STATEMENT. The proposal has no measurable impact on the local economy; therefore, no local employment impact statement under Government Code §2001.022 is required.

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 rule as proposed for repeal will be in effect, the commission has determined the following:

The proposed repeal will not create or eliminate a government program;

Implementation of the rule as proposed for repeal will not require the creation of new employee positions or the elimination of existing employee positions;

Implementation of the rule as proposed for repeal will not require an increase or decrease in future legislative appropriations to the commission;

The proposal will not require an increase or decrease in fees paid to the commission;

The proposal will not create new regulations;

The proposal will repeal an existing regulation;

The proposal will not increase or decrease the number of individuals subject to the applicability of the rule; and

The proposal will not positively or adversely affect the state 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 repeal does not constitute a taking under Government Code §2007.043.

REQUEST FOR IMPACT INFORMATION. The commission requests, from any person required to comply with the proposed rules or any other interested person, information related to the cost, benefit, or effect of the proposed repeal, including any applicable data, research, or analysis. Requested information may be submitted to Craig Kelso, State and Local Records Management Division Director, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas, 78711, or via email at rules@tsl.texas.gov. Requested information must be received no later than 30 days from the date of publication in the Texas Register.

REQUEST FOR PUBLIC COMMENT. Written comments on the proposed repeal 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.

CROSS REFERENCE TO STATUTE. Government Code Chapter 441.

§6.98. Uniform Electronic Transactions Act (UETA).

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 6, 2026.

TRD-202603316

Sarah I. Swanson

General Counsel

Texas State Library and Archives Commission

Earliest possible date of adoption: September 20, 2026

For further information, please call: (512) 463-5460