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

13 TAC §2.54

The Texas State Library and Archives Commission proposes an amendment to §2.54 relating to Bid Submission, Bid Opening, and Tabulation. The proposed amendment is to adopt by reference the General Services Commission rules for the Historically Underutilized Business (HUB) Program, and bring the commission into compliance with requirements of SB 178, 76th Legislature, 1999, and Government Code §2161.003.

Edward Seidenberg, Assistant State Librarian, has determined that for the first five years the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the new rule.

Mr. Seidenberg also has 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 increase state contracting opportunities for minority- and woman-owned businesses in Texas, and to protect the interests of the state as required under law. There are no cost implications to either small businesses or persons required to comply with the revised rule.

Comments on the rule may be submitted to Edward Seidenberg, Texas State Library, Box 12927, Austin, Texas 78711-2927.

The amended rule is proposed under the Government Code §441.006(a).

The proposed rule affects the Government Code §2161.003.

Bid Procedures and HUB Program [ Bid Submission, Bid Opening, and Tabulation ] (a)

The Texas State Library and Archives Commission adopts by reference the General Services Commission rule for Bid Submission, Bid Opening, and Tabulation. The rule being adopted by reference has been published as 1 TAC §113.5.

(b)

The Texas State Library and Archives Commission adopts by reference the General Services Commission rules for Historically Underutilized Business (HUB) Program. The rules being adopted by reference have been published as 1 TAC §111.11 - 111.28.

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 14, 2001.

TRD-200103372

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Earliest possible date of adoption: July 29, 2001

For further information, please call: (512) 463-5459


Chapter 6. STATE RECORDS

Subchapter D. FEE SCHEDULES

13 TAC §6.121

(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 the repeal of §6.121, concerning fees for micrographics services provided by the commission to state agencies and local governments in order to adopt new rules regarding the establishment of fees for these services.

Michael Heskett, State Records Administrator and Director of the State and Local Records Management Division, has determined that for each year of the first five years the proposed repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal.

Dr. Heskett has determined that for each year of the first five years the proposed repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be that the commission can respond in a more timely manner to changes in the costs of providing micrographics services, thus fulfilling the intent of state law that all costs are recovered. There will be no effect on small businesses or individuals.

Written comments on the proposed repeal may be sent to Tim Nolan, State and Local Records Management Division, Texas State Library, Box 12927, Austin, Texas 78711 or electronically to tim.nolan@tsl.state.tx.us, or faxed to (512) 323-6100.

The repeal is proposed under the Government Code, §441.168, which requires the commission to establish fees to recover the cost of its micrographics services.

The proposed repeal affects the Government Code, §441.168 and §441.182.

§6.121.Micrographics Services Fee Schedule

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 14, 2001.

TRD-200103353

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Earliest possible date of adoption: July 29, 2001

For further information, please call: (512) 463-5459


13 TAC §6.121

The Texas State Library and Archives Commission proposes new §6.121, concerning the development and approval of a fee schedule for the recovery of its costs in providing micrographics services to state agencies and local governments. The proposed section will replace current §6.121, which the commission is proposing to repeal in a separate action. State law requires that the commission establish fees to recover the costs of its micrographics services, but state law does not require that the fees be adopted as administrative rules of the commission. In contrast to current rules, which contain a detailed fee schedule, the proposed section provides for the manner in which fees will be established and approved by the commission.

Michael Heskett, State Records Administrator and Director of the State and Local Records Management Division, has determined that for each year of the first five years the proposed section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Dr. Heskett has determined that for each year of the first five years the proposed section is in effect the public benefit anticipated as a result of enforcing the section will be that the commission can respond in a more timely and frequent manner to changes in the costs of providing micrographics services, thus fulfilling the intent of state law that all such costs are recovered. There will be no effect on small businesses or individuals.

Written comments on the proposed repeal may be sent to Tim Nolan, State and Local Records Management Division, Texas State Library, Box 12927, Austin, Texas 78711 or electronically to tim.nolan@tsl.state.tx.us, or faxed to (512) 323-6100.

The section is proposed under the Government Code, §441.168, which requires the commission to establish fees to recover the cost of its micrographics services.

The proposed section affects the Government Code, §441.168 and §441.182.

§6.121.Micrographics Services Fee Schedule.

(a)

No later than June 30 of each fiscal year, the state records administrator, as defined by the Government Code, §441.180, shall present to the commission for approval a schedule of proposed fees to recover the costs of providing micrographics services to state agencies and local governments during the following fiscal year.

(b)

The schedule of proposed fees presented to the commission under subsection (a) of this section must be sufficient to recover all direct and indirect costs of providing the services and shall also include costs for expanding micrographics services offered to local governments by the commission as provided by the Government Code, §441.168.

(c)

The state records administrator shall monitor the costs of providing micrographics services and present to the commission for approval any needed amendments to fees to cover changes in costs during a fiscal year.

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 14, 2001.

TRD-200103355

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Earliest possible date of adoption: July 29, 2001

For further information, please call: (512) 463-5459


Subchapter E. RECORDS CENTER STORAGE SERVICES FEE SCHEDULE

13 TAC §6.122, §6.123

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections 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 the repeal of §6.122 and §6.123, concerning fees for records center storage services provided by the commission to state agencies in order to adopt new rules regarding the establishment of fees for these services.

Michael Heskett, State Records Administrator and Director of the State and Local Records Management Division, has determined that for each year of the first five years the proposed repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal.

Dr. Heskett has determined that for each year of the first five years the proposed repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be that the commission can respond in a more timely manner to changes in the costs of providing records storage services, thus fulfilling the intent of state law that all costs are recovered. There will be no effect on small businesses or individuals.

Written comments on the proposed repeal may be sent to Tim Nolan, State and Local Records Management Division, Texas State Library, Box 12927, Austin, Texas 78711 or electronically to tim.nolan@tsl.state.tx.us, or faxed to (512) 323-6100.

The repeal is proposed under the Government Code, §441.017, which requires the commission to establish fees to recover the costs of providing records storage services to state agencies.

The proposed repeal affects the Government Code, §441.017 and §441.182.

§6.122.Definitions.

§6.123.Records Center Storage Services Fee Schedule.

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 14, 2001.

TRD-200103354

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Earliest possible date of adoption: July 29, 2001

For further information, please call: (512) 463-5459


13 TAC §6.122

The Texas State Library and Archives Commission proposes new §6.122, concerning the development and approval of a fee schedule for the recovery of its costs in providing records storage services to state agencies. The proposed section will replace current §6.122 and §6.123, which the commission is proposing to repeal in a separate action. State law requires that the commission establish fees to recover the costs of its records storage services, but state law does not require that the fees be adopted as administrative rules of the commission. In contrast to current rules, which contain a detailed fee schedule, the proposed section provides for the manner in which fees will be established and approved by the commission.

Michael Heskett, State Records Administrator and Director of the State and Local Records Management Division, has determined that for each year of the first five years the proposed section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Dr. Heskett has determined that for each year of the first five years the proposed section is in effect the public benefit anticipated as a result of enforcing the section will be that the commission can respond in a more timely and frequent manner to changes in the costs of providing records storage services, thus fulfilling the intent of state law that all such costs are recovered. There will be no effect on small businesses or individuals.

Written comments on the proposed repeal may be sent to Tim Nolan, State and Local Records Management Division, Texas State Library, Box 12927, Austin, Texas 78711 or electronically to tim.nolan@tsl.state.tx.us, or faxed to (512) 323-6100.

The section is proposed under the Government Code, §441.017, which requires the commission to establish fees to recover the cost of its records storage services.

The proposed section affects the Government Code, §441.017 and §441.182.

§6.122.Records Storage Services Fee Schedule.

(a)

No later than June 30 of each fiscal year, the state records administrator, as defined by the Government Code, §441.180, shall present to the commission for approval a schedule of proposed fees to recover the costs of providing records storage services to state agencies during the following fiscal year.

(b)

The schedule of proposed fees presented to the commission under subsection (a) of this section must be sufficient to recover all direct and indirect costs of providing the services.

(c)

The state records administrator shall monitor the costs of providing records storage services and present to the commission for approval any needed amendments to fees to cover changes in costs during a fiscal year.

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 14, 2001.

TRD-200103356

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Earliest possible date of adoption: July 29, 2001

For further information, please call: (512) 463-5459