TITLE cultural-resources

Part I. Texas State Library and Archives Commission

Chapter 2. General Policies and Procedures

Subchapter A. Principles and Procedures of the Commission

13 TAC §2.6

The Texas State Library and Archives Commission proposes new §2.6 to establish dates when advisory boards to the commission will be abolished.

Raymond Hitt, Assistant State Librarian, has determined that for each year of the first five years the section is in effect there will not be fiscal implications for state and local government as a result of enforcing or administering this section. The cost of compliance for small businesses or individuals will be none.

Mr. Hitt has also determined that for each of the first five years the section is in effect the public benefits anticipated as a result of enforcing the section will be to assure that the commission continues to receive advice on library, archival, and records management policy from persons with special expertise and from the general public.

Comments may be submitted to Raymond Hitt, Assistant State Librarian, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas 78711-2927.

The new section is proposed under Government Code §2110.008 that requires the commission to establish by a rule date on which an advisory committee will automatically be abolished and §441.006(a) which provides the Commission with authority to govern the Texas State Library and adopt rules on various subjects.

The new section affects the Government Code §§441.124, 441.161, 441.206, and 441.202.

§2.6.Sunset Dates for Advisory Committees.

The following advisory committees will be abolished on August 31, 2009 unless the commission continues or consolidates the committees prior to that date:

(1)

Library Systems Act Advisory Board,

(2)

Local Government Records Committee,

(3)

TexShare Advisory Board, and

(4)

Texas Historical Records Advisory Board.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 7, 1999.

TRD-9903318

Raymond Hitt

Assistant State Librarian

Texas State Library and Archives Commission

Earliest possible date of adoption: July 25, 1999

For further information, please call: (512) 463-5440


Chapter 5. County Librarian Certification

13 TAC §5.6

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas State Library and Archives Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas State Library and Archives Commission proposes to repeal §5.6 relating to county librarian certification. The section provided a penalty for persons submitting false information for county librarian certification.

The reason for the proposed repeal is because of developments in administrative law and determination that the rule exceeds the statutory authority given to the Commission.

Jeanette Larson, Director of the Library Development Division, has determined that there will be no fiscal implications for state and local government, and that there will be no fiscal implications for small businesses or individuals as a result of the repeal of this rule.

Ms. Larson has determined that the public benefits as a result of repealing this rule will be to bring the Texas State Library and Archives Commission in compliance with administrative law.

Comments on the proposed rules may be submitted to Jeanette Larson, Director of the Library Development Division, P.O. Box 12927, Austin, TX. 78711-2927.

The repeal is proposed under the Government Code §441.006(a) and §441.007(a), which provide the Commission with authority to govern the Texas State Library, to adopt rules on various subjects, and to adopt rules necessary to qualify county librarians.

The proposed repeal affects Government Code §441.007, §441.0071, and §441.0072.

§5.6.Penalties.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 7, 1999.

TRD-9903319

Raymond Hitt

Assistant State Librarian

Texas State Library and Archives Commission

Earliest possible date of adoption: July 25, 1999

For further information, please call: (512) 463-5440