TITLE 13. CULTURAL RESOURCES

PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION

CHAPTER 1. LIBRARY DEVELOPMENT

SUBCHAPTER A. LIBRARY SERVICES AND TECHNOLOGY ACT STATE PLAN

13 TAC §1.21

The Texas State Library and Archives Commission (commission) proposes amendments to 13 Texas Administrative Code §1.21, State Plan for Library Services and Technology Act in Texas.

BACKGROUND. The Library Services and Technology Act (LSTA) provides funding to State Library Administrative Agencies through its Grants to States program administered by the Institute of Museum and Library Services (IMLS). State libraries may use the funding to support statewide initiatives and services and may distribute the funds through subgrants to public, academic, research, school, and special libraries in their states. Each state must have an IMLS-approved five-year plan outlining its programs in support of LSTA priorities.

Government Code, §441.009 authorizes the commission to adopt a state plan for improving library services consistent with federal goals. The statute further requires the agency to prepare the plan and administer the plan the commission adopts. The commission's most recent five-year plan covered federal fiscal year (FFY) 2018-2022.

The proposed amendment is necessary to update the rule to reflect the commission's June 3, 2022, adoption of the new five-year plan covering FFY 2023-2027. IMLS approved this plan on September 14, 2022. Language referencing the website link is proposed for deletion because it is unnecessary and will prevent the need for future rule amendments when links change. The plan will still be available on the commission's website.

FISCAL IMPACT. Sarah Jacobson, Director, Library Development and Networking, has determined that for each of the first five years the proposed amendment is in effect, there are no reasonably foreseeable fiscal implications for the state or local governments as a result of enforcing or administering the amended rule, as proposed.

PUBLIC BENEFIT AND COSTS. Ms. Jacobson has determined that for each of the first five years the proposed amendment is in effect, the anticipated public benefit will be continued support and strengthening of local libraries. There are no anticipated economic costs to persons required to comply with the proposed amendment.

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 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 Texas Gov't 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 the following:

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

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

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

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

5. The proposed rule will not create a new regulation;

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

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

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

REQUEST FOR PUBLIC COMMENT. Written comments on the proposed amendments and new rules may be submitted to Sarah Jacobson, Director, Library Development and Networking Division, 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, §441.009, which authorizes the commission to adopt a state plan for improving library services consistent with federal goals, and, more generally, §441.006(b)(3), which authorizes the commission to accept, receive, and administer federal funds made available by grant or loan to improve the public libraries of this state.

CROSS REFERENCE TO STATUTE. Government Code, Chapter 441.

§1.21.State Plan for the Library Services and Technology Act in Texas.

The Texas State Library and Archives Commission adopts by reference the State Plan for the Library Services and Technology Act in Texas FFY 2023-2027 [FFY 2008-2012. Copies may be obtained from www.tsl.state.tx.us/ld/pubs/lstaplan/index.html].

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 10, 2022.

TRD-202204529

Sarah Swanson

General Counsel

Texas State Library and Archives Commission

Earliest possible date of adoption: December 25, 2022

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


13 TAC §1.22

The Texas State Library and Archives Commission (commission) proposes the repeal of 13 TAC §1.22, Circulation.

The proposed repeal of §1.22 is necessary because the rule, adopted in 1976, is no longer necessary. The commission invites public comment on its proposed plan in compliance with requirements of the Institute of Museum and Library Services (IMLS). Restatement of IMLS requirements in a commission rule would be duplicative and unnecessary.

FISCAL NOTE. Sarah Jacobson, Director, Library Development and Networking Division, 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/COST NOTE. Ms. Jacobson has also determined that for the first five-year period the repeal is in effect, the public benefit will be consistency and clarity in the commission's rules related to archives and historical resources.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. Mr. Kelso has also determined that there will be no impact on rural communities, small businesses, or micro-businesses as a result of implementing this repeal and therefore no regulatory flexibility analysis, as specified in Government Code, §2006.002, is required.

GOVERNMENT GROWTH IMPACT STATEMENT. Pursuant to Government Code, §2001.0221, the commission provides the following Government Growth Impact Statement for the proposed repeal.

During the first five years that the proposed repeal would be in effect, the proposed repeal: will not create or eliminate a government program; will not result in the addition or reduction of employees; will not require an increase or decrease in future legislative appropriations; will not lead to an increase or decrease in fees paid to a state agency; will repeal an existing regulation; and will not result in an increase or decrease in the number of individuals subject to the rule. During the first five years that the proposed repeal will be in effect, the proposed repeal will not positively or adversely affect the Texas economy.

REQUEST FOR PUBLIC COMMENT. Written comments on the proposed repeal may be directed to Sarah Jacobson, Director, Library Development and Networking Division, via email rules@tsl.texas.gov, or mail, P.O. Box 12927, Austin, Texas, 78711-2927. Comments will be accepted for 30 days after publication in the Texas Register.

STATUTORY AUTHORITY. The repeal is proposed under Government Code, §441.009, which authorizes the commission to adopt a state plan for improving library services consistent with federal goals, and, more generally, §441.006(b)(3), which authorizes the commission to accept, receive, and administer federal funds made available by grant or loan to improve the public libraries of this state.

CROSS REFERENCE TO STATUTE. Government Code, Chapter 441.

§1.22.Circulation.

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 10, 2022.

TRD-202204527

Sarah Swanson

General Counsel

Texas State Library and Archives Commission

Earliest possible date of adoption: December 25, 2022

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


CHAPTER 2 GENERAL POLICIES AND PROCEDURES

SUBCHAPTER A. PRINCIPLES AND PROCEDURES OF THE COMMISSION

13 TAC §2.59

The Texas State Library and Archives Commission (Commission) proposes the repeal of 13 TAC §2.59, Loan and Exhibition of State Archives.

The proposed repeal of §2.59 is necessary because the commission is proposing to amend and move that rule to Chapter 10, Archives and Historical Resources, the chapter dedicated to rules regarding the state archives and other historical resources. The proposed repeal coincides with proposed amendments and new rules to 13 TAC Chapter 10, including proposed new §10.3, Loan and Exhibition of State Archives, also published in this edition of the Texas Register.

FISCAL NOTE. Jelain Chubb, State Archivist, 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/COST NOTE. Ms. Chubb has also determined that for the first five-year period the repeal is in effect, the public benefit will be consistency and clarity in the commission’s rules related to archives and historical resources.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. Mr. Kelso has also determined that there will be no impact on rural communities, small businesses, or micro-businesses as a result of implementing this repeal and therefore no regulatory flexibility analysis, as specified in Government Code, §2006.002, is required.

GOVERNMENT GROWTH IMPACT STATEMENT. Pursuant to Government Code, §2001.0221, the commission provides the following Government Growth Impact Statement for the proposed repeal.

During the first five years that the proposed repeal would be in effect, the proposed repeal: will not create or eliminate a government program; will not result in the addition or reduction of employees; will not require an increase or decrease in future legislative appropriations; will not lead to an increase or decrease in fees paid to a state agency; will repeal an existing regulation for the purpose of reproposing in a different chapter; and will not result in an increase or decrease in the number of individuals subject to the rule. During the first five years that the proposed repeal will be in effect, the proposed repeal will not positively or adversely affect the Texas economy.

REQUEST FOR PUBLIC COMMENT. Written comments on the proposed repeal may be directed to Jelain Chubb, State Archivist, via email rules@tsl.texas.gov, or mail, P.O. Box 12927, Austin, Texas, 78711-2927. Comments will be accepted for 30 days after publication in the Texas Register.

STATUTORY AUTHORITY. The repeal is proposed under Government Code, §441.190; which authorizes the commission to adopt rules establishing standards and procedures for the protection, maintenance, and storage of state records, paying particular attention to the maintenance, storage, and protection of archival and vital state records; and §441.193, which authorizes the commission to adopt rules regarding public access to the archival state records and other historical resources in the possession of the commission.

CROSS REFERENCE TO STATUTE. Government Code, Chapter 441, Subchapter L, Preservation and Management of State Records and Other Historical Resources.

§2.59. Loan and Exhibition of State Archives.

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 10, 2022.

TRD-202204528

Sarah Swanson

General Counsel

Texas State Library and Archives Commission

Earliest possible date of adoption: December 25, 2022

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


CHAPTER 10. ARCHIVES AND HISTORICAL RESOURCES

13 TAC §10.1

The Texas State Library and Archives Commission (Commission) proposes the repeal of 13 TAC §10.1, Definitions.

The proposed repeal of §10.1 is necessary because the commission is proposing four new definitions to replace the general reference to statute in existing §10.1. The proposed repeal coincides with proposed amendments and new rules to 13 TAC Chapter 10, also published in this edition of the Texas Register.

FISCAL NOTE. Jelain Chubb, State Archivist, 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/COST NOTE. Ms. Chubb has also determined that for the first five-year period the repeal is in effect, the public benefit will be consistency and clarity in the commission’s rules related to archives and historical resources.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. Mr. Kelso has also determined that there will be no impact on rural communities, small businesses, or micro-businesses as a result of implementing this repeal and therefore no regulatory flexibility analysis, as specified in Government Code, §2006.002, is required.

GOVERNMENT GROWTH IMPACT STATEMENT. Pursuant to Government Code, §2001.0221, the commission provides the following Government Growth Impact Statement for the proposed repeal.

During the first five years that the proposed repeals would be in effect, the proposed repeal: will not create or eliminate a government program; will not result in the addition or reduction of employees; will not require an increase or decrease in future legislative appropriations; will not lead to an increase or decrease in fees paid to a state agency; will repeal existing regulations; and will not result in an increase or decrease in the number of individuals subject to the rule. During the first five years that the proposed repeal will be in effect, the proposed repeal will not positively or adversely affect the Texas economy.

REQUEST FOR PUBLIC COMMENT. Written comments on the proposed repeal may be directed to Jelain Chubb, State Archivist, via email rules@tsl.texas.gov, or mail, P.O. Box 12927, Austin, Texas, 78711-2927. Comments will be accepted for 30 days after publication in the Texas Register.

STATUTORY AUTHORITY. The repeal is proposed under Government Code, §441.190; which authorizes the commission to adopt rules establishing standards and procedures for the protection, maintenance, and storage of state records, paying particular attention to the maintenance, storage, and protection of archival and vital state records; and §441.193, which authorizes the commission to adopt rules regarding public access to the archival state records and other historical resources in the possession of the commission.

CROSS REFERENCE TO STATUTE. Government Code, Chapter 441, Subchapter L, Preservation and Management of State Records and Other Historical Resources.

§10.1.Definitions.

Filed with the Office of the Secretary of State on November 10, 2022.

TRD-202204526

Sarah Swanson

General Counsel

Texas State Library and Archives Commission

Earliest possible date of adoption: December 25, 2022

For further information, please call: (512) 463-5760


13 TAC §§10.1 - 10.4

The Texas State Library and Archives Commission (commission) proposes amendments to 13 Texas Administrative Code §10.2, Public Access to Archival State Records and Other Historical Resources; new §10.1, Definitions; new §10.3, Loan and Exhibition of State Archives; and new §10.4, Reappraisal and Deaccessioning of Items.

BACKGROUND. Government Code, §441.190 authorizes the commission to adopt rules establishing standards and procedures for the protection, maintenance, and storage of state records. The statute further directs the commission to pay particular attention to the maintenance and storage of archival and vital state records and authorizes the commission to adopt rules as it considers necessary to protect those records. In addition, Government Code, §441.193 authorizes the commission to adopt rules regarding public access to the archival state records and other historical resources in the possession of the commission.

The commission proposes these amendments and new rules under the above-cited authority to update and clarify the procedures and requirements for loans of items from the State Archives and to ensure an effective and transparent process for the care and management of its collections. The amendments and new rules are necessary to ensure potential borrowers are fully apprised of the process for requesting loans, to ensure that items loaned from the state archives are adequately protected while on loan, and to ensure the agency's process for the care and management of its collections, including the deaccessioning of items when necessary and appropriate, is consistent.

Proposed new §10.1 adds seven new definitions to Chapter 10, Archives and Historical Resources. When the commission originally adopted §10.1, Definitions in June 2022, the section was a placeholder for future definitions, providing that any terms used in the chapter had the meanings ascribed to them in Government Code, §441.180. The commission now proposes seven definitions for terms used in the chapter. Proposed subparagraphs (1) and (2) provide definitions for "agency" and "commission," to ensure the rules are clear when referring either to the Texas State Library and Archives Commission as an agency of the state of Texas or the seven-member governing body of the Texas State Library and Archives Commission. The commission also proposes definitions for "accession," "deaccession," "disposal," "item," and "reappraisal."

Proposed amendments to §10.2 change "commission" to "agency" as necessitated by the newly proposed definitions.

Proposed new §10.3, Loan and Exhibition of State Archives, is not technically a new rule. Rather, it is an update to an existing rule previously in Chapter 2 (13 TAC §2.59), which is being proposed for repeal in the same issue of the Texas Register. The commission adopted new Chapter 10, Archives and Historical Resources, in June 2022. Because proposed new §10.3 is an update to the commission's existing rule regarding loans and exhibitions of state archives, it is most appropriately placed in Chapter 10 as opposed to Chapter 2, General Policies and Procedures. Therefore, the commission proposes §10.3 as a new rule but points out that the bulk of the language previously existed in §2.59.

Proposed §10.3(a) establishes the purpose of the section, which is to specify the conditions under which items may be loaned to eligible borrowers for public exhibition if approved by the agency or the commission.

Proposed §10.3(b) defines eligible borrowers as a public or private cultural heritage or educational institution or organization. The rule establishes that the Texas State Preservation Board and its exhibit venues (the Bob Bullock Texas State History Museum and the Capitol Visitors Center) will have preference over other archives, museums, and similar public institutions in Texas. The reason for this preference is the shared mission of the agency and location in the Capitol Complex. The rule also specifies that Texas archives, museums, and similar public institutions will have preference over out-of-state and private entities, and that loans to institutions outside of Texas will generally only be approved for nationally significant exhibitions by major institutions. Examples of major institutions would include the National Archives and Records Administration, Library of Congress, or the Smithsonian Institution.

Proposed §10.3(c) provides that loan requests must be made at least 60 days in advance of the expected loan receipt date. Requests for loans by a non-Texas venue must be made at least 12 months in advance to ensure sufficient time for the substantial planning and preparation necessary to ensure appropriate preservation and protection. The rule authorizes the director and librarian to waive the 60-day requirement. Examples of when the 60-day requirement might be waived include a request from an entity that forgets to include an item on the request, but it is in good condition and can be provided without additional staff work, or special events on request of state officials.

Proposed §10.3(d) establishes that maximum loan period for any item is six months, unless the agency determines the loan is in the best interest of the state or will provide a benefit to the agency related to public education, outreach, publicity, or promotion of the agency's mission. The proposed rule also authorizes the director and librarian to recall a loaned item for good cause at any time and that the director and librarian will attempt to give reasonable notice of a recall. Examples of situations that may be deemed good cause to recall an item include, for example, the air conditioning at a museum fails and will not be fixed promptly or a theft of any item (not necessarily an item on loan from the State Archives) at the exhibit venue that raises general security concerns.

Proposed §10.3(e) establishes special circumstances applicable to certain loan requests and loan periods, including the maximum loan period for textiles, flags, artworks, photographic materials, documents with faded or vulnerable inks, or any other especially light sensitive or fragile items (three months) and additional requirements for items of particular historical significance, such as the original signed manuscript and the printed broadside copy of the Texas Declaration of Independence, the Constitution of Texas (including original drafts), treaties of the Republic of Texas, and the Travis Letter (requests must be made at least 12 months prior to expected loan receipt date and a maximum loan period of 30 days). The rule authorizes waiver of these additional requirements if recommended by the director and librarian and approved by the commission.

Proposed §10.3(f) provides that a borrower must sign a written loan agreement documenting the borrower's commitment to compliance with this rule and any additional conditions appropriate for the specific loan.

Proposed §10.3(g) establishes the required security and environmental conditions for the display and proposed §10.3(h) establishes the appropriate lighting conditions for the display. Proposed §10.3(i) prescribes the requirements for handling and installation. Proposed §10.3(j) provides that agency staff may inspect a proposed exhibition area before a loan is approved and, after approval, may inspect the loaned item at any time to ensure the requirements of the rule are being met. Proposed §10.3(k) establishes the packing and transportation requirements for a loaned item. Proposed §10.3(l) provides that a borrower must provide evidence of insurance adequate to cover the assigned values for all loaned items. Proposed §10.3(m) addresses publicity and credit requirements pertaining to loaned items.

Proposed new §10.4 outlines the process for the reappraisal and deaccessioning of items from the state archives. Subsection (a) establishes the purpose of the new section. Subsection (b) identifies the types of items that may be appropriate for deaccession. Subsection (c) provides that items may only be deaccessioned if a majority of the Deaccession Workgroup, a workgroup comprised of the agency archives supervisor, information services supervisor, Sam Houston Center manager, and conservator, votes to recommend deaccession and the state archivist approves. The subsection also provides that the state archivist will notify the director and librarian prior to final approval of a deaccession. Subsection (d) provides the methods by which a deaccessioned item may be disposed: transfer to another repository, destruction of the item, return to the donor, or sale, if approved by the commission. Subsection (e) provides that agency staff will follow the procedures in Property Code, Chapter 80 (relating to Ownership, Conservation, and Disposition of Property Loaned to Museum) for any item on loan or of unknown provenance. Subsection (f) provides that when an item is deaccessioned, the agency relinquishes title, except in the case of theft or loss.

FISCAL IMPACT. Jelain Chubb, State Archivist, has determined that for each of the first five years the proposed amendments and new rules are in effect, there are no reasonably foreseeable fiscal implications for the state or local governments as a result of enforcing or administering these amended and new rules, as proposed. As discussed above, while §10.1 and §10.3 are proposed as new rules, they are the result of repeals and new proposals of existing rules. The commission already had a rule addressing loans and exhibitions of state archives. The proposed new rule on loans and exhibition of state archives represents an update to the previous rule.

PUBLIC BENEFIT AND COSTS. Ms. Chubb has determined that for each of the first five years the proposed amendments and new rules are in effect, the anticipated public benefit will be increased clarity and consistency regarding the process for loans and deaccessioning of items from the State Archives. The additional public benefit will be increased assurance that loaned items will remain secure and appropriately protected while on loan, to ensure continued preservation of items from the State Archives, many of which are priceless records of the state's history. There are no anticipated economic costs to persons required to comply with the proposed amendments and new rules as most of the requirements existed in the repealed rule. Finally, the proposed new rule on deaccessioning describes the commission's process for its own archives.

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 Texas Gov't 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;

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 amendments and new rules may be submitted to Jelain Chubb, State Archivist, 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 and new rules are proposed under Government Code, §441.190; which authorizes the commission to adopt rules establishing standards and procedures for the protection, maintenance, and storage of state records, paying particular attention to the maintenance, storage, and protection of archival and vital state records; §441.193, which authorizes the commission to adopt rules regarding public access to the archival state records and other historical resources in the possession of the commission; and §441.186, which authorizes the state archivist to remove the designation of a state record as an archival state record and permit destruction of the record under rules adopted under Chapter 441, Subchapter L.

CROSS REFERENCE TO STATUTE. Government Code, Chapter 441, Subchapter L, Preservation and Management of State Records and Other Historical Resources.

§10.1.Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Accession--means the formal acceptance of an item or collection into the holdings of the State Archives and generally includes a transfer of title.

(2) Agency--means the Texas State Library and Archives Commission as an agency of the state of Texas, including the staff, collections, archives, operations, programs, and property of the Texas State Library and Archives Commission.

(3) Commission--means the seven-member governing body of the Texas State Library and Archives Commission.

(4) Deaccession--means the permanent removal of an item or collection of items from the holdings of the State Archives.

(5) Disposal--means the final disposition of an item or collection of items from the State Archives which may include transfer to another repository, sale, or destruction of the item or collection.

(6) Item--means archival material, historical item, artifact, or museum piece in the custody of the State Archives, including the Sam Houston Regional Library and Research Center.

(7) Reappraisal--means the review of items that have been previously appraised, which may result in the identification of materials that no longer merit permanent preservation and that are candidates for deaccessioning.

§10.2.Public Access to Archival State Records and Other Historical Resources.

(a) Public access to archival state records and other historical resources in the possession of the agency [commission ] will be granted under the following conditions, subject to subsection (b) of this section.

(1) Access to archival state records and other historical resources maintained in Austin will be provided in the State Archives Reading Room of the Lorenzo de Zavala State Archives and Library Building.

(2) Access to archival state records and other historical resources maintained at the Sam Houston Regional Library and Research Center in Liberty, Texas will be provided in the Center's Reading Room.

(3) Registration and presentation of a current photo identification is required to use original archival state records and other resources.

(4) Researchers aged 17 and older may use original archival state records and other resources. Researchers between the ages of 13 and 16 are permitted to use original archival state records and other resources if supervised by an adult. One adult per researcher between the ages of 13 and 16 is required. Children aged 12 and under are not permitted to use original archival state records or historical resources.

(5) All researchers and supervising adults, if applicable, must agree to and comply with the Reading Room Policies and instructions as provided by staff members.

(6) Access will be granted during business hours for each location as posted on the agency's website or as may be amended from time to time by additional notice.

(7) Request for access to archival state records or other historical resources must be submitted on a material request form whether the request is a Research Request or a Public Information Act (PIA) Request.

(b) The agency [commission] may restrict access to any original archival state record or other historical resource in its possession and provide only copies if, in the opinion of the state archivist, such access would compromise the continued survival of the original item. The state archivist will consider the following factors in the consideration of requests for access to original archival state records or other historical resources:

(1) physical condition of the archival state record or resource;

(2) availability of a digital or other facsimile copy of the archival state record or resource;

(3) the intrinsic or monetary value of the item to the State; and

(4) any other factor that, in the opinion of the state archivist, may compromise the continued survival of the original item.

§10.3.Loan and Exhibition of State Archives.

(a) Purpose. The purpose of this section is to specify the conditions under which items may be loaned to eligible borrowers for public exhibition. Even if a prospective borrower meets all eligibility requirements for a loan, the decision regarding any and all loans is at the sole discretion of the agency or the commission, as appropriate.

(b) Eligible borrowers. Any public or private cultural heritage or educational institution or organization may request the loan of an item for public exhibition purposes. The Texas State Preservation Board and its exhibit venues will have preference over other archives, museums, and similar public institutions in Texas. Texas archives, museums, and similar public institutions will have preference over out-of-state and private entities. Loans to institutions outside of Texas will generally only be approved for nationally significant exhibitions by major institutions.

(c) Loan Request. Except as provided below and in subsection (e), requests for loans must be submitted to the director and librarian at least 60 days prior to the expected loan receipt date and include the exhibition title, dates of exhibition and loan period, a general description of the exhibition, and complete citations for each item requested. Exceptions to the 60-day requirement are as follows:

(1) Requests for loans of any item by a non-Texas venue must be submitted at least 12 months prior to expected loan receipt date; and

(2) Requests for loans of an item may be approved in less than 60 days if the director and librarian waives the 60-day requirement.

(d) Loan Period. Except as provided in subsection (e), the maximum loan period for any item is six months, unless the agency determines the loan is in the best interest of the state or will provide a benefit to the agency related to public education, outreach, publicity, or promotion of the agency's mission. The director and librarian may recall a loaned item for good cause at any time and will attempt to give reasonable notice thereof.

(e) Special circumstances. Loan requests and loan periods for certain items are subject to additional requirements and conditions as follows:

(1) The maximum loan period for textiles, flags, artworks, photographic materials, documents with faded or vulnerable inks, or any other especially light sensitive or fragile items is three months;

(2) Requests for loan of the original signed manuscript and the printed broadside copy of the Texas Declaration of Independence, the Constitution of Texas (including original drafts), treaties of the Republic of Texas, the Travis Letter, and other items of particular historical significance as determined by the state archivist must be submitted at least 12 months prior to expected loan receipt date and require formal approval of the commission in an open meeting, and:

(A) The maximum loan period is 30 days unless the commission determines the exhibition is of special state or national significance; and

(B) Requests may be approved in less than 12 months, but in no event less than six months, if the director and librarian recommends waiver of the 12-month requirement and the commission approves.

(f) Loan Agreement. A borrower must sign a written loan agreement documenting the borrower's commitment to compliance with this section and any additional conditions appropriate for the specific loan. Additional conditions may include, but are not limited to, the following:

(1) Borrower may not display items in a location or exhibition other than that cited on the loan agreement without prior written permission from the director and librarian;

(2) Borrower may not transfer physical custody of loaned items to another institution or third party without prior written permission from the director and librarian;

(3) Borrower may not alter, clean, or repair loaned items, perform any conservation treatment, or remove a document from a housing provided by the agency without prior written permission from the director and librarian; and

(4) Borrower will notify the agency promptly if any agreed upon conditions change during the course of exhibition of the item.

(g) Security and Environmental Conditions.

(1) Items must be displayed in a facility equipped with a networked fire monitoring and alarm system with an automatic aqueous or non-aqueous clean agent fire suppression system and fire protection equipment as described in National Fire Protection Association-Standard for the Protection of Cultural Resources Including Museums, Libraries, Places of Worship, and Historic Properties (NFPA909-2021).

(2) Items on loan must be secure at all times. Professional security guards or other trained personnel must regularly patrol exhibition areas during hours of public access. The borrower must have sufficient 24-hour guards or a 24-hour electronic security system to effectively monitor and protect the exhibition, storage, and preparation areas at all times. The commission may require continuous 24-hour onsite guard by a Licensed Texas Peace Officer, Texas Department of Public Safety officer, licensed Texas security guard, or an equivalent officer or guard within the borrower's jurisdiction if the borrower is located in a state other than Texas.

(3) Temperature and humidity levels must be monitored and controlled. A temperature of 70 degrees Fahrenheit, plus or minus 5 degrees, and a relative humidity of 50% plus or minus 5% without rapid fluctuations must be maintained in the storage, preparation, and exhibition areas. Before approving a loan and while items are on loan, the director and librarian may request copies of temperature and humidity readings from the borrower to verify these requirements.

(4) Exhibit venue must be a stationary weather-tight structure with a permanent foundation. Display in portable or temporary buildings or in vehicles is prohibited.

(5) Exhibition cases must be clean, dust-proof, and secured with locks or security screws. Exhibit must be case set into or affixed to a permanent wall, anchored to the floor or foundation, or of such substantial construction as to be immovable without special equipment. Frames must also be clean, dust-proof, and secured to the wall with security screws or other hanging methods approved by the director and librarian. Glass or acrylic sheeting, such as plexiglass, lucite, or polycast must protect all materials displayed in frames or cases. The director and librarian may specify grades of acrylic sheeting that filter ultraviolet light for materials that are especially light sensitive.

(6) The exhibition must be monitored daily to ensure security and stability of documents within the cases and frames as well as adequate maintenance and cleaning of the exhibit area.

(7) Eating, drinking, and smoking must be prohibited in the storage, preparation, and exhibition areas.

(h) Lighting Conditions.

(1) Incandescent or LED lights are the preferred lighting types for exhibition lighting. All light sources must be filtered to remove the ultraviolet component.

(2) When lighting items exhibited in a case, exterior lights shall be used whenever possible. If interior case lights are used, fluorescent or LED lights with ultraviolet filters are preferable to ensure a minimal effect on temperature in the case.

(3) No items may be exhibited where they will be exposed to direct or unfiltered sunlight.

(4) The allowable light level for display of certain items of particular historical significance, as determined by the state archivist, is an illumination of no more than 5 foot-candles or 53.8 lux, measured near the surface of the exhibited item. Exhibits with adjustable fiber optic illumination are preferred. The allowable range of illumination for all other items is 5 - 7 foot-candles or 53.8 - 75.3 lux, where a smaller numerical reading is preferred.

(i) Handling and Installation.

(1) Items may be handled and installed only by a curator, archivist, registrar, exhibit technician, or conservator under contract to or on the staff of the borrower.

(2) The agency may encapsulate or mat documents for loan to minimize dangers associated with handling and exhibition. No item borrowed for exhibition may be altered, cleaned, repaired, or removed from housing provided by the agency without first obtaining written permission from the director and librarian.

(3) The agency may directly supervise the installation of its items.

(4) All items must be handled, supported, and conveyed by means that will prevent damage during transport to and from the borrowing institution and within it.

(5) All items must be given sufficient physical support to prevent damage during exhibition.

(j) Inspections.

(1) An agency staff member may inspect the exhibition area before the loan is approved. If, after an agency staff inspection, in the opinion of the director and librarian any loan requirement cannot be met, the loan will not be made.

(2) Agency staff members or personnel designated by the director and librarian may inspect loaned items at any time during the period of the loan. If agency staff identify any requirement of this section not being met and the borrower is unable to correct the deficiency in a reasonable period of time, the loan will be terminated and the agency will recall the item.

(k) Packing and Transportation.

(1) Unless the agency specifies otherwise, agency staff will pack items going out on loan. The borrower is responsible for packing loan items to return to the agency. All items must be given sufficient support and protection to prevent damage during transit.

(2) The borrower will pay all costs associated with shipping or transporting the items on loan from the agency. Shipping arrangements will be made in consultation with the agency.

(3) Transportation for certain items of particular historical significance, as determined by the state archivist, to and from the borrower location will generally require the services of a DPS escort, armored security contractor, or bonded security courier. The borrower will be responsible for costs associated with transportation and security. The location of the venue and distance from the agency, as well as mode of transportation required to deliver the loan item, will be considered in evaluating the request.

(l) Insurance. Prior to loaning an item, a borrower must provide evidence of all-risk insurance coverage adequate to cover the assigned monetary values for all loaned items from the time the items leave the agency until the time of return. The agency may assign insurance values for loan items at its discretion, based on a new, previous, or similar appraisals or estimates, adjusted if necessary. If an appraised or estimated insurance value is not available, the borrower may be required to pay for an appraisal by a qualified, reputable, and mutually agreed upon appraiser.

(m) Publicity and Credit.

(1) The director and librarian must approve any plans to reproduce loaned items for exhibition-related publications, other publications, and publicity purposes.

(2) Agency materials on exhibition may be photographed by the general public without the use of flash or tripod.

(3) In the exhibition and related publicity, the agency must receive clear and prominent credit. The following credit line shall be used: Archives and Information Services Division, Texas State Library and Archives Commission.

§10.4.Reappraisal and Deaccessioning of Items.

(a) The commission recognizes the need for periodic reevaluations and thoughtful selection necessary for the growth and proper care of collections. To maintain the integrity of the State Archives holdings, items may be reappraised by staff to determine if they still meet professional appraisal criteria and comply with the agency's acquisition policy. Items that do not meet professional appraisal criteria and are not in compliance will be considered for deaccession.

(b) Deaccession may be appropriate for items:

(1) That were never appraised or are not subject to archival review according to the creating agency's approved records retention schedule;

(2) Whose retention period has changed from permanent to nonpermanent according to the creating agency's approved records retention schedule;

(3) That are duplicates of other items in the State Archives;

(4) That are reproductions of archival materials owned by other individuals or repositories;

(5) Whose condition has deteriorated to a point that they are unstable or endanger staff or other items;

(6) The agency cannot properly access or store;

(7) That are permanently closed, in whole or in part, by the creating agency;

(8) That do not meet the requirements of the agency's current acquisition policy; or

(9) Approved on a case-by-case basis for deaccession for other reasons not listed above.

(c) Items may only be deaccessioned if a majority of the Deaccession Workgroup votes to recommend deaccession and the state archivist approves. The state archivist will notify the director and librarian prior to final approval of deaccessioning of items.

(d) The agency will determine the appropriate method by which to dispose of a deaccessioned item, which may include, but is not limited to the following:

(1) Items may be transferred to a repository with an appropriate collecting scope;

(2) Items that are state records will be destroyed by the agency;

(3) For any other non-government records, the agency will make a reasonable effort to locate the original donor to return the deaccessioned item, unless the donor claimed a charitable donation tax deduction. To return a donated item to the original donor:

(A) Donor(s) must sign a written acknowledgment attesting to the fact that a tax deduction was not claimed;

(B) If the donor is deceased, any claimant requesting return in lieu of the donor must present a notarized statement that he/she is either the sole party at interest or authorized to represent all parties at interest, along with providing supporting proof; and

(C) If the original donor cannot be located, these items may be offered to another repository or destroyed;

(4) Any item whose condition could endanger individuals or other items will be destroyed; and

(5) The sale of any deaccessioned materials will be approved by the Commission and the funds will be used to preserve state archival records and other historical resources and to make the records and resources available for research.

(e) If an item or collection of items approved for deaccession has been logged in the accession log as "on loan" to the agency or has unknown provenance, staff will follow the procedures in Property Code, Chapter 80 (relating to Ownership, Conservation, and Disposition of Property Loaned to Museum) regarding ultimate disposition of the item or items.

(f) Upon deaccession, the agency relinquishes title to the object or collection, except in the case of theft or loss. If deaccessioning is due to theft or loss, the agency will retain title to the item for the state in case it is ever recovered.

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 10, 2022.

TRD-202204530

Sarah Swanson

General Counsel

Texas State Library and Archives Commission

Earliest possible date of adoption: December 25, 2022

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