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 (commission) proposes amendments to 13 Texas Administrative Code, §2.2, Responsibilities of the Commission and the Director and Librarian, and §2.3, Procedures of Commission.

BACKGROUND. The commission proposes to amend §2.2 and §2.3 to increase the dollar threshold at which non-competitive grants require formal commission approval from $100,000 to $250,000. This change reflects the evolving financial landscape in which the agency operates and promotes agency efficiency. This amendment would not change the commission's requirement to approve all competitive grants, regardless of dollar amount. Additionally, the commission proposes to amend a typo in §2.3 to ensure clarity and improve readability of the section.

The $100,000 threshold was established in 1997 and has not been revisited in nearly three decades. During that time, both the cost of goods and services and the scope of agency non-competitive grant programs have expanded. Non-competitive grants do not involve the same level of evaluation and selection processes as competitive grants. Instead, these types of grants are generally available to any eligible applicant who submits a complete application. The commission adopted similar amendments to its rules related to contract approvals in June 2023, increasing the threshold from $100,000 to a total contract value of $1 million.

Increasing the approval threshold to $250,000 will allow the commission to concentrate its time and oversight on higher-value non-competitive grants with greater fiscal impact, while enabling staff to process smaller, recurring awards more efficiently without the requirement of aligning the process with the commission's meeting schedule. In addition, non-competitive grants are often a means to allow for timely distribution of assistance in cases such as emergency support. Updating the threshold amount will allow for distribution of non-competitive grants in a timeline that can be responsive to local needs. The proposed amendments are intended to improve overall agency efficiency by streamlining approval procedures and ensuring the commission's review remains focused on matters of broader fiscal significance.

EXPLANATION OF PROPOSED AMENDMENTS.

The proposed amendment to §2.2(b)(4) increases the non-competitive grant threshold requiring commission approval from $100,000 to $250,000.

The proposed amendment to §2.3(c) corrects a typo by inserting a space between two words.

The proposed amendment to §2.3(k) makes a corresponding revision by replacing the reference to non-competitive grants of $100,000 or more with $250,000 or more.

FISCAL IMPACT. Donna Osborne, Chief Fiscal and Operations Officer, has determined that for each of the first five years the proposed amendments are in effect, there are no foreseeable fiscal implications for state or local governments as a result of enforcing or administering the rule as proposed.

PUBLIC BENEFIT AND COSTS. Ms. Osborne has determined that for each of the first five years the proposed amendments are in effect, the anticipated public benefit will be greater agency efficiency and clarity in the commission's internal processes, allowing staff to manage a larger number of routine non-competitive grant approvals promptly. 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 economies; therefore, no local employment impact statement under Government Code §2001.022 is required.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT STATEMENT. The proposed amendments will have 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 that:

1. The amendments will not create or eliminate a government program.

2. Implementation will not require the creation or elimination of any employee positions.

3. Implementation will not require an increase or decrease in future legislative appropriations.

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

5. The amendments will not create new regulations.

6. The amendments will modify an existing regulation.

7. The amendments will not increase the number of individuals subject to the rule's applicability.

8. The amendments will not positively or adversely affect this state's economy.

TAKINGS IMPACT ASSESSMENT. No private real property interests are affected by this proposal. Therefore, the proposed amendments do 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 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. 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 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 Texas Government Code §441.002, which authorizes the commission to assign duties to the director and librarian and requires the commission to develop and implement policies that separate policy-making and management responsibilities, and under §441.006, which authorizes the commission to administer and approve state library grants.

§2.2. Responsibilities of Commission and the Director and Librarian.

(a) General Powers and Responsibilities. The commission is a seven-member citizen board appointed by the governor with the advice and consent of the senate. The agency is within the executive branch, but functions independently within its statutory authority to serve the long-term public interest.

(b) Powers and Responsibilities of the Commission. The commission is responsible for establishing the policy framework through which the Texas State Library carries out its statutory responsibilities. The commission governs the library through the director and librarian. The staff of the library receive direction from the commission through the director and librarian. Specifically, the commission:

(1) adopts administrative rules that guide the staff in administering library programs;

(2) approves strategic and operating plans and requests for appropriations;

(3) approves all contracts as specified in §2.77 of this subchapter (relating to Contract Approval Authority and Responsibilities);

(4) approves all competitive grants, and all other grants of $250,000 [$100,000] or more, made by the library;

(5) acknowledges acceptance of gifts, grants, or donations of $500 or more that are in accord with the mission and purposes of the library;

(6) oversees operations of the library for integrity, effectiveness, and efficiency;

(7) acts as a final board of appeals for staff decisions or advisory board recommendations on grants, accreditation of libraries, certification of librarians, or other issues of concern to the public;

(8) selects the director and librarian and approves the selection of the assistant state librarian; and

(9) conducts a periodic performance review of the director and librarian.

(c) Powers and Responsibilities of the Director and Librarian. The director and librarian is responsible for the effective and efficient administration of the policies established by the commission. Specifically, the director and librarian:

(1) selects, organizes, and directs the staff of the library;

(2) establishes the operating budget for the library and allocates funds among strategies, programs, and projects within the limits of statutory authority and as set forth in the General Appropriations Acts of the legislature;

(3) approves expenditures of funds in accordance with law;

(4) represents the commission and reports on behalf of the commission to the governor, the legislature, the public, or other organized groups as required;

(5) reports in a timely manner all relevant information first to the chair and subsequently to all members of the commission, endeavoring to report to members of the commission in such a manner that the members are equally well informed on matters that concern the commission; and

(6) delegates his/her responsibilities to the assistant state librarian or other agency staff as appropriate.

§2.3. Procedures of Commission.

(a) Election of Officers. In accordance with statute, the chair of the commission is designated by the governor. The vice-chair is elected by the members of the commission at the first meeting in even numbered years.

(b) Powers of the Chair. The chair shall call meetings of the commission, set the agenda for meetings of the commission, preside at meetings of the commission, and authenticate actions of the commission as necessary.

(c) Vice-Chair. The vice chair of [chairof] the commission exercises the powers and authority of the chair in the event of a vacancy, absence, or incapacity of the chair, including the authority to call a meeting, set the agenda, and act on behalf of the chair.

(d) Committees. The chair shall appoint an audit committee, consisting of three members of the commission, one to serve as chair. The audit committee will receive plans and reports from internal and external auditors, review and revise such plans and reports as needed, and recommend them to the commission for adoption and approval. The chair shall appoint such other committees of the commission as may be deemed necessary.

(e) Meetings. The commission shall have regularly scheduled meetings five times per year. The chair may call additional meetings of the commission as may be necessary, provided that adequate notice of such meetings shall be given in accordance with the Open Meetings Act (Government Code, Chapter 551). The chair shall call a special meeting of the commission upon written request by a majority of the members of the commission. Any regularly scheduled meeting of the commission may be canceled by the chair, provided that ten days notification is given to the members of the commission.

(f) Agenda. The chair shall establish the agenda for meetings of the commission with advice from other members and the director and librarian. Any person may request that an item be placed on the agenda of the next meeting of the commission by writing to the chair, with a copy to the director and librarian. Such item will be added to the agenda at the discretion of the chair, except that the chair will place on the agenda any item requested by a majority of the members of the commission. Notice and agenda of commission meetings shall be posted by the director and librarian in accordance with the Open Meetings Act.

(g) Transaction of Business. As defined in the Open Meetings Act, a majority of the members of the commission, or four members, shall constitute a quorum. Meetings of the commission are conducted in a manner that welcomes public participation and complies with the spirit of the Open Meetings Act. At each meeting of the commission the agenda shall include a period for public comment of up to five minutes per individual. Actions of the commission are approved by a majority of the members present and voting. Proxies are not allowed.

(h) Minutes of Meetings. The director and librarian shall prepare minutes of commission meetings and file copies with members of the commission, the Legislative Reference Library, and the state publications program of the Texas State Library. Any changes or subsequent corrections of minutes at a commission meeting shall be filed in the same manner.

(i) Establishing, Amending, or Rescinding Existing Policy. The commission fosters an open administrative process with full public participation in rule making through advance publication of all proposed rules in the Texas Register.

(j) Travel of Commission Members. Members of the commission are entitled to reimbursement for actual expenses incurred to attend meetings of the commission subject to any applicable limitation on reimbursement provided by the General Appropriations Act or other act of the legislature. The chair shall review and approve any claim for reimbursement of actual expenses reasonably incurred in connection with the performance of other services as a commission member, subject to any applicable limitation on reimbursement provided by the General Appropriations Act or other act of the legislature.

(k) Grants. The commission delegates to the director and librarian its authority to approve all grants that are less than $250,000 [$100,000], except competitive grants.

(l) Gifts and Donations. The commission delegates to the director and librarian its authority to accept gifts, grants and donations of less than $500 that are in accord with the mission and purposes of the commission. Any such gifts, grants or donations will be managed in accordance with principles of sound financial management and will be used for the purposes for which they are given.

(m) Advisory Committees. The chair may establish and appoint committees to assist the commission in their deliberations as needed and for the period required.

(n) Code of Conduct. Members of the commission and officers and employees of the agency will not solicit or accept any gift, favor, service, or thing of value that might reasonably tend to influence the member, officer, or employee in the discharge of official duties, or that the member, officer, or employee knows or should know is being offered with the intent of influencing the member's, officer's, or employee's official conduct. Members, officers, and employees of the commission will not accept employment, engage in a business or professional activity, or accept compensation that would:

(1) require or induce them to disclose confidential information acquired by virtue of official position;

(2) impair their independence of judgment in the performance of official duties; or

(3) create a conflict between their private interest and the public interest.

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 November 19, 2025.

TRD-202504246

Sarah Swanson

General Counsel

Texas State Library and Archives Commission

Earliest possible date of adoption: January 4, 2026

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

The Texas State Library and Archives Commission (commission) proposes amendments to Texas Administrative Code, Title 13, Chapter 2, Subchapter A, §2.56, Training and Education of Staff.

BACKGROUND. Section 656.048 of the Government Code directs state agencies to adopt rules relating to the eligibility of the agency's administrators and employees for agency-supported training and education, as well as the obligations administrators and employees assume when receiving such training and education. Section 656.048 also directs state agencies to adopt rules requiring that before an administrator or employee of the agency may be reimbursed for a training or education program offered by an institution of higher education or private or independent institution of higher education, the executive head of the agency must authorize the tuition reimbursement payment.

The commission recently updated its tuition assistance program. As a result of these updates, the commission finds it necessary to update its rule regarding training and education of staff to ensure its policy and rule align. In addition, the current rule was adopted in 2001 with only minor non-substantive amendments since that time. Section 656.048 of the Government Code has been amended since 2001. Therefore, the commission also finds it necessary to update the rule in compliance with §656.048. Finally, the commission finds it necessary to update the rule language for readability and clarity.

EXPLANATION OF PROPOSED AMENDMENTS.

The proposed amendment to subsection (a) replaces existing language regarding the purpose of the agency's training and education program with broader language regarding the statutory authority for the program. The new subsection also adds language noting that the agency will develop policies for employee training and education. Greater details regarding the program will be available in the agency's policies.

Proposed new subsection (b) describes what the agency's training and education program may include: agency sponsored training, seminars and conferences, internet training, and tuition reimbursement. This list is not exhaustive of all possible training and education the agency may provide its employees but notes the most common.

A proposed amendment to subsection (e) adds that approval for participation in a training program is not automatic and may be subject to the availability of funds.

Proposed amendments to subsection (g) add an introductory clause to the existing obligations for employees on completion of training. Other proposed amendments to this subsection clarify existing language.

Proposed amendments to subsection (h) clarify the existing language regarding when an employee may be required to reimburse the agency for training the employee fails to attend.

Proposed amendments to subsection (i) delete references to "special training," and add a reference to the agency's Tuition Assistance Program. The proposed amendments also add the purpose of the agency's Tuition Assistance Program.

A proposed amendment deletes current subsection (i), as the content of this subsection is included within current subsection (b), which is proposed to be renumbered as subsection (c).

Proposed amendments to subsection (j) add specific references to the Tuition Assistance Program and add employee eligibility information.

Proposed amendments add subsection (k), which provides that an employee who wishes to participate in the Tuition Assistance Program must agree in writing to a one-year service commitment to the agency. Employees who do not complete their service commitment would be required to reimburse the agency for the amount of tuition reimbursements made to the employee.

Proposed new subsection (l) states the requirement that before a tuition reimbursement is made to an employee or administrator, the director and librarian must approve the payment.

Finally, amendments throughout update the numbering of the subsections due to the addition and deletion of subsections throughout the section.

FISCAL IMPACT. Gloria Meraz, Director and Librarian, 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 rules, as proposed. The rule impacts only commission employees.

PUBLIC BENEFIT AND COSTS. Ms. Meraz has determined that for each of the first five years the proposed amendments are in effect, the anticipated public benefit will be increased clarity in the commission's rule regarding education and training of commission staff.

There are no anticipated economic costs to persons required to comply with the rule as proposed for amendment. Employee training and education is a benefit for commission staff.

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 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 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 rule;

6. The proposal will not expand, limit, or repeal an existing rule;

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

8. The proposal will not 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 rule as proposed for 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 rule as proposed for amendment or any other interested person, information related to the cost, benefit, or effect of the rule as proposed for amendment, including any applicable data, research, or analysis. Please submit the requested information to rules@tsl.texas.gov no later than 30 days from the date of publication in the Texas Register.

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, §656.048, which directs state agencies to adopt rules relating to the eligibility of the agency's administrators and employees for training and education supported by the agency and the obligations assumed by the administrators and employees on receiving the training and education, and to adopt rules requiring that before an administrator or employee of the agency may be reimbursed for a training or education program offered by an institution of higher education or private or independent institution of higher education, the executive head of the agency must authorize the tuition reimbursement payment.

CROSS REFERENCE TO STATUTE. Government Code, Chapter 441.

§2.56. Training and Education of Staff.

(c) [(b)] The agency may provide training to any of its employees to enable them to perform their current duties more effectively. The agency may also provide training to selected employees to enable them to perform prospective duties needed by the agency.

(d) [(c)] The agency may require an employee to attend any necessary training program.

(e) [(d)] Employee training must be recommended by the division director and approved by the director and librarian or designee. Approval to participate in a training program is not automatic and may be subject to the availability of funds within a division's budget.

(f) [(e)] When training is approved, the agency will either pay the training costs or allow the employee's schedule to accommodate the training (by rearranging work hours or allowing the training to be taken as work time), or both.

(g) [(f)] Certain obligations may be required of employees on completion of training, including, but not limited to, the following:

(1) After attending training, an employee must submit a report of the training to the Human Resources Office of the agency within three working days; and [.]

(2) An [The] employee may be required to [must] make an oral or written presentation regarding information obtained from the training to other employees[, if requested].

(h) [(g)] An employee who fails to complete [the] training the agency has paid for must reimburse the agency for the cost of the training, unless the employee failed to complete the training [except] for reasons beyond the employee's control.

(i) [(h)] The agency offers a Tuition Assistance Program to provide additional opportunities to enhance employee job skills and to retain a well-qualified, trained, professional workforce dedicated to the agency's mission. The Tuition Assistance Program includes [In this section, "special training" means] instruction, teaching, or other education received by a state employee that is not normally received by other state employees and that is designed to enhance the ability of the employee to perform the employee's job. [Special training does not include training required by either state or federal law or that is determined necessary by the agency and offered to all employees performing similar jobs. Special training does include a course of study at an institution of higher education.]

(j) Employees who wish to apply for the Tuition Assistance Program must receive approval for participation from their supervisor and human resources and complete the Tuition Assistance Application and Reimbursement form [must be recommended by their division director and approved by the assistant state librarian for special training]. To be eligible for participation in the Tuition Assistance Program, employees must:

(m) [(k)] If an employee is to receive special training that will be paid by the agency, and during the training period the employee will not perform regular duties for three or more months as a result of the training, the employee must agree in writing to the requirements of Government Code §656.103 and §656.104.

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 November 19, 2025.

TRD-202504247

Sarah Swanson

General Counsel

Texas State Library and Archives Commission

Earliest possible date of adoption: January 4, 2026

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