TITLE 13. CULTURAL RESOURCES
PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CHAPTER 2. GENERAL POLICIES AND PROCEDURES
SUBCHAPTER
A.
The Texas State Library and Archives Commission (commission) proposes amendments to 13 Texas Administrative Code, §2.42, concerning Negotiation and Mediation of Certain Contract Disputes.
BACKGROUND EXPLANATION OF PROPOSED AMENDMENTS. The commission recently concluded the first phase of a Regulatory Efficiency Review conducted by the Texas Regulatory Efficiency Office (TREO). As a result of this review, the commission, with TREO's assistance, has identified opportunities to simplify, streamline, and clarify many existing rules. This rulemaking is being undertaken to improve §2.42, the commission's rule related to the process for negotiating and mediating certain contract disputes.
Government Code, §2260.052 (relating to Negotiation) requires each unit of state government with rulemaking authority to develop rules to govern the negotiation and mediation of a claim by a contractor. The statute further requires a unit of state government that does not have this rulemaking authority to follow rules adopted by the attorney general. To satisfy this requirement, the commission adopted the rules of the attorney general by reference in §2.42, Negotiation and Mediation of Certain Contract Disputes.
The proposed amendment to §2.42 would delete explanatory text in the rule that is unnecessary as it does not add any detail regarding the commission's process. By pointing only to the rules adopted by the attorney general, the rule will be simpler and more straightforward. This proposed amendment would make no substantive change to the rule.
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 simpler, more straightforward rules that will be easier for the public, including contractors, to understand. 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:
The amendments will not create or eliminate a government program;
Implementation will not require the creation or elimination of any employee positions;
Implementation will not require an increase or decrease in future legislative appropriations;
The amendments will require a decrease in fees paid to the commission;
The amendments will not create new regulations;
The amendments will modify existing regulations;
The amendments will not increase the number of individuals subject to the rule's applicability; and
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 Government Code, §441.006, which directs the commission to govern the state library, and §2260.052, which directs each unit of state government to develop rules or follow rules adopted by the attorney general related to negotiation and medication of certain contract claims.
CROSS REFERENCE TO STATUTE. Government Code, Chapter 441; §2260.052.
§
2.42.
The commission adopts by reference the rules of the Office of the Attorney General in Texas Administrative Code, Title 1, Part 3, Chapter 68 relating to Negotiation and Mediation of Certain Contract Disputes to comply with the requirements of Government Code, Chapter 2260, §2260.052(c). [The rules set forth a process to permit parties to structure a negotiation or mediation in a manner that is most appropriate for a particular dispute regardless of the contract's complexity, subject matter, dollar amount, or method and time of performance.]
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 June 10, 2026.
TRD-202602365
Sarah I. Swanson
General Counsel
Texas State Library and Archives Commission
Earliest possible date of adoption: July 26, 2026
For further information, please call: (512) 463-5460