13 TAC §§50.1, 50.3, 50.5, 50.7, 50.9, 50.11
The Records Management Interagency Coordinating Council proposes
amendments to §§50.1, 50.3, 50.5, 50.7, 50.9, and 50.11, concerning
procedures of the council.
The purpose of these amendments is to make council rules conform to the
provisions of Senate Bill 394, recently enacted by the 78th Legislature, which
alters the composition of the council. The council also takes the opportunity
to make non-substantive stylistic amendments to the sections to provide more
clarity and readability.
Dan Procter, Chair of the Records Management Interagency Coordinating Council,
has determined that for the first five-year period the amended rules are in
effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the rules.
Mr. Procter has also determined that for each year of the first five years
the amended sections are in effect, the public benefit anticipated as a result
of enforcing the sections will be that those parties involved with or interested
in the work of the Records Management Interagency Coordinating Council will
have a clear and reliable set of administrative rules concerning the procedures
of the council. There is no anticipated economic cost to small or large businesses
or to any other person required to comply with the amended sections. There
is no anticipated local employment impact as a result of enforcing the amended
sections.
Written comments on the proposal may be submitted no later than August
11, 2003, to Dan Procter, Texas Register, P.O. Box 13824, 1019 Brazos, Room
245, Austin, Texas 78711-3824 or e-mail comments to dprocter@sos.state.tx.us.
The amendments are proposed under the Government Code, §441.203(f),
which provide the council with authority to adopt by rule policies that coordinate
the activities of the members of the council and that make other improvements
to the state's management of records.
No other statute, article, or code is affected by these amendments.
§50.1.Purpose.
The Records Management Interagency Coordinating Council
, referred
to in this chapter as the council,
[
(RMICC) was established by
Senate Bill 366 during the 74th Legislative Session in 1995. RMICC
]
coordinates the management of
state
government records by:
(1)
informing the legislature on records management issues
and making recommendations to improve records management processes and accountability;
(2)
facilitating the transition from paper to electronic records;
and
(3)
developing consistent records management in state agencies.
§50.3.Officers.
(a)
The
council
[
RMICC
] is composed of
[
the following officers or the officer's designee
]:
(1)
permanent members, consisting of the following
officers or the officer's designee:
(A)
[
(1)
] the secretary of state;
(B)
[
(2)
] the state auditor, who serves
as a nonvoting member;
(C)
[
(3)
] the comptroller of public accounts;
(D)
[
(4)
] the attorney general;
(E)
[
(5)
] the director and librarian
of the
Texas
State Library and Archives Commission;
(F)
[
(6)
] the executive director of the
Texas Building and Procurement Commission; and
(G)
[
(7)
] the executive director of the
Department of Information Resources
; and
[
.
]
(2)
auxiliary voting members, consisting of:
(A)
one faculty member of a public senior college or university,
as defined by the Education Code, §61.003, who has demonstrated knowledge
of records and information management; and
(B)
two individuals who serve as information resources managers,
under the Government Code, §2054.071, for state agencies in the executive
branch of government.
(b)
Auxiliary voting members are appointed
by the chair of the council with the consent of a majority of the permanent
members of the council and serve two-year terms expiring February 1 of each
odd-numbered year.
(c)
[
(b)
] Designees have full power and
authority to act on behalf of the members of the
council whom
[
RMICC who
] they represent.
(d)
[
(c)
] The presiding officer is the
chair, who shall be one of the
permanent
officers or
a permanent
[
an
] officer's designee.
(1)
The
members
[
officers
] shall nominate
and elect a chair and a vice chair during even-numbered years.
(2)
The chair and vice-chair shall serve for two years, beginning
on February 1 of each odd-numbered year.
(e)
[
(d)
] Should the chair resign, the
vice chair shall serve as chair for the remainder of the unexpired term.
(f)
[
(e)
] The chair shall preside at
all meetings of the
council
[
commission
]. If the chair
is unavailable, the vice chair will act as chair.
(g)
[
(f)
] No member shall serve more
than two consecutive full terms in any one office.
(h)
[
(g)
] Notices, suggestions, correspondence,
or other documents to be delivered to the
council
[
RMICC
]
shall be delivered
by postal mail
to P.O. Box 12927, Austin, Texas
78711
or by interagency mail to 1201 Brazos, Austin, Texas 78701.
Phone:
(512) 463-5460.
§50.5.Meetings.
(a)
The
council
[
RMICC
] shall meet at
least once quarterly and at other times at the call of the chair or upon the
written request of three or more members. Any written request must be filed
with the chair or the vice chair. All meetings shall comply with the open
meetings provisions in the Government Code, Chapter 551.
(b)
The chair [
or a majority of the officers
] will
designate the time, date, and place of all meetings. The chair shall be responsible
for filing notice of meetings as required by law. The chair shall also give
notice of the meetings to
council members
[
RMICC officers
].
(1)
The chair shall prepare the agenda before
council
[
RMICC
] meetings.
(2)
Items shall be included on the agenda upon the written
request of one
council
[
RMICC
] member and approval of
the chair.
(3)
A member
[
An officer
] who is unable
to attend a meeting shall notify the chair before the meeting, and if possible
send a designee to the meeting.
(c)
The
council
[
RMICC
] may take action
upon a majority vote of the members eligible to vote on that action.
(d)
The chair shall designate a clerk to keep a complete record
of the meetings of the
council
[
RMICC
] and shall prepare
written summaries or minutes reflecting actions taken by
council members
[
the RMICC officers
] present as required by the Government
Code, Chapter 551.
(e)
An opportunity for public
comment
[
comments
] shall be provided at each
council
[
RMICC
] meeting.
Public
comment
[
comments
] shall be heard subject to
limitations imposed at the discretion of the chair, including time limits
and other constraints as necessary for efficient and fair consideration of
agenda items.
(f)
The
council
[
RMICC
] may periodically
hold public hearings to obtain input regarding the policies and operations
of the
council
[
Council
], issues before the
council
[
Council
], and to solicit suggestions and ideas from interested
members of the public.
§50.7.Committees.
(a)
The
council
[
RMICC
] may assign committees
to review, evaluate, consider, or analyze any legislation, suggestions, proposals,
or other information on the
council's
[
RMICC's
] behalf.
The assigned committees may perform any function deemed necessary by the
council
[
RMICC
]. The results of any reviews or evaluations
may be made in writing and submitted to the
council
[
RMICC
].
(1)
The
council
[
RMICC
] may consider
the written recommendations, but shall not be bound by such recommendations.
(2)
The
council
[
RMICC
] may vote to abolish
a committee or change a committee's assignment.
(b)
All committee chairs shall be nominated and elected by
the
council
[
RMICC
]. Committee chairs may appoint committee
members. Any state employee may be appointed to serve on a
council committee
[
Council Committee
], subject to approval of the executive
director of that employee's agency.
§50.9.Staff.
Service on the
council
[
RMICC
] is an additional
duty of a member's office or employment. A member of the
council
[
Council
] is not entitled to compensation for performing the work of
the
council
[
Council
] but is entitled to reimbursement
for actual expenses incurred in performing that work
, as provided by
the General Appropriations Act
.
§50.11.Rules.
To implement its policies, the
council
[
RMICC
]
shall adopt rules as prescribed under the Government Code, §441.203 and
under the Administrative Procedure Act, Government Code, Chapter 2001.
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 27, 2003.
TRD-200303970
Geoffrey S. Connor
Assistant Secretary of State
Records Management Interagency Coordinating Council
Earliest possible date of adoption: August 10, 2003
For further information, please call: (512) 463-5562