TITLE 13.CULTURAL RESOURCES

Part 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION

Chapter 3. STATE PUBLICATIONS DEPOSITORY PROGRAM

13 TAC §3.1, §3.17

The Texas State Library and Archives Commission proposes to amend 13 TAC §3.1 and add new 13 TAC §3.17 regarding the State Publications Depository Program. These proposed revisions and additions bring the Depository Program rules into alignment with Senate Bill 1701, which was enacted by the 78th Legislature.

Beverley Shirley, Library Resource Sharing Division Director, has determined that for the first five years the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the new rule.

Ms. Shirley also has determined that for each of the first five years the sections are in effect the public benefits anticipated as a result of enforcing the sections will be to increase public awareness of grant funding opportunities made available by state agencies, and to protect the interests of the state as required under law. There are no cost implications to either small businesses, microbusinesses, or persons required to comply with the new rule.

Written comments on the new rules may be submitted to Beverley Shirley, Library Resource Sharing Division, Texas State Library and Archives Commission, Box 12927, Austin, Texas 78711-2927; fax: 512-936-2306.

The new and amended rules are proposed under Government Code §441.102, which authorizes the commission to establish a system to allow electronic access to state publications in an electronic format and under Government Code §441.010, which establishes an electronically searchable central grant database, establishes two advisory committees for this database, and authorizes the commission to appoint members to the public advisory committee.

The new rules affect Government Code, §441.102, §441.010 and §§441.101 - 441.106.

§3.1.Definitions.

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

(1)-(17) (No change.)

(18) Grant--shall have the meaning given in Government Code §441.010(a)(2).

(19) Agency Advisory Committee--The advisory committee for the TRAIL grants database program authorized by Government Code §441.010(e).

(20) Public Advisory Committee--The advisory committee for the TRAIL grants database authorized by Government Code §441.010(g).

§3.17.TRAIL Grant Database.

(a) Agency Requirements

(1) The commission, in cooperation with the Department of Information Resources, shall establish an electronically searchable central database accessible through the commission's on-line access system that will allow a person to:

(A) use keyword searches to discover all available state agency grant opportunities;

(B) obtain basic information regarding each available state agency grant opportunity, including basic information about the program that the grant recipient will implement, the geographic area in which the grant recipient will implement the program, the eligibility requirements for obtaining the grant, and the grant application process; and

(C) electronically link to the portion of the granting agency's website at which the person may obtain more detailed information about each available state agency grant opportunity.

(2) Each state agency that will award a grant shall, concurrently with any other action the agency takes to inform the public or any person about the grant opportunity, report to the commission the information prescribed in subsection (a)(3) of this section and in the form prescribed by that subsection, so that the commission may include information about the grant in the electronically searchable central database.

(3) Each state agency shall report all agency-administered grant opportunities through the use of meta tags on Web pages that describe or link to a description of that grant opportunity. Those meta tags will meet the requirements in section 3.9 of this title and will include a Type or DC.Type meta tag of "Grants or Funding Opportunities."

(b) Agency Advisory Committee

(1) Upon appointment by the governor, the agency advisory committee will meet to

(A) gather input from public and other users of the database; and

(B) advise the commission regarding the development of the database and regarding state agency reporting of grant opportunities.

(2) The agency advisory committee shall meet in Austin.

(3) A state agency that is represented on the agency advisory committee by a person who is not based in the Austin area is responsible for any travel expenses incurred by its representative.

(4) The agency advisory committee will elect a chair from among members annually

(5) The agency advisory committee will meet at the call of the chair or of the director and librarian, at least once annually.

(6) The director and librarian shall appoint a liaison to the agency advisory committee to represent the commission.

(c) Public Advisory Committee:

(1) The commission shall appoint a public advisory committee composed of five public members to evaluate the operation of the electronically searchable central database annually.

(2) The commission will appoint members of the public advisory committee from among Texas residents with interest and experience in seeking and applying for grants.

(3) Members will serve three-year terms beginning September 1. At its first meeting, members will draw lots to establish an initial one-year term, two initial two-year terms, and two three-year terms. When a vacancy occurs, the commission may make a new appointment to complete the designated term of office. Members may be reappointed for two full terms.

(4) The public advisory committee will elect a chair from among members annually.

(5) The public advisory committee will meet at the call of the chair or of the director and librarian, at least once annually.

(6) The director and librarian shall appoint a liaison to the public advisory committee to represent the commission.

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 July 2, 2004.

TRD-200404353

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Earliest possible date of adoption: August 15, 2004

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