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 adopts an amendment to §2.54 relating to Bid Submission, Bid Opening, and Tabulation, without changes to the proposed text as published in the June 29, 2001, Texas Register (26 TexReg 4817). The amendment adopts 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.

The agency anticipates that this amendment may increase state contracting opportunities for minority- and woman-owned businesses in Texas, and will protect the interests of the state as required under law.

No comments were received regarding the adoption of the amendment.

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

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2001.

TRD-200104407

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Effective date: August 20, 2001

Proposal publication date: June 29, 2001

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


Chapter 6. STATE RECORDS

Subchapter D. FEE SCHEDULES

13 TAC §6.121

The Texas State Library and Archives Commission adopts the repeal of §6.121, concerning fees for micrographics services provided by the Commission without change to the proposal published in the June 29, 2001, Texas Register (26 TexReg 4818).

The repeal will permit the Commission to adopt new rules relating to establishing fees for its micrographics services. The new rules will allow the Commission to respond in a more timely manner to changes in the costs of providing the services, thus fulfilling the intent of state law that all costs are recovered.

No comments were received regarding the proposed repeal.

The repeal is adopted under the Government Code, §441.168, which requires the Commission to establish fees to recover the costs of its micrographics services.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2001.

TRD-200104400

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Effective date: August 20, 2001

Proposal publication date: June 29, 2001

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


13 TAC §6.121

The Texas State Library and Archives Commission adopts new §6.121, concerning the development and approval of a fee schedule for the recovery of its costs in providing micrographics services with changes to the proposed text as published in the June 29, 2001 Texas Register (26 TexReg 4818). The deadline for submission of a proposed fee schedule to the Commission in subsection (a) of the section is changed from June 30 to July 31. The revised date more closely coincides with the Commission's customary meeting schedule.

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. The new section will replace current §6.121, which the agency is repealing in a separate action. In contrast to the repealed section, which contains a detailed fee schedule, the new section establishes a procedure for the establishment and approval of a fee schedule each fiscal year by the Commission. Under this process 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.

No comments were received regarding the adoption of the section.

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

§6.121.Micrographics Services Fee Schedule.

(a) No later than July 31 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 adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2001.

TRD-200104401

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Effective date: August 20, 2001

Proposal publication date: June 29, 2001

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


Subchapter E. RECORDS CENTER STORAGE SERVICES FEE SCHEDULE

13 TAC §6.122, §6.123

The Texas State Library and Archives Commission adopts the repeal of 13 TAC §6.122 and §6.123 concerning fees for records center storage services provided by the Commission without change to the proposal published in the June 29, 2001 Texas Register (26 TexReg 4819).

The repeal will permit the Commission to adopt new rules relating to establishing fees for its records storage services. The new rules will allow the Commission to respond in a more timely manner to changes in the costs of providing the services, thus fulfilling the intent of state law that all costs are recovered.

No comments were received regarding the proposed repeals.

The repeal is adopted under the Government Code, §441.017, which requires the Commission to establish fees to recover the costs of its records storage services.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2001.

TRD-200104404

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Effective date: August 20, 2001

Proposal publication date: June 29, 2001

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


13 TAC §6.122

The Texas State Library and Archives Commission adopts new 13 TAC §6.122 concerning the development and approval of a fee schedule for the recovery of its costs in providing records storage services with changes to the proposed text as published in the June 29, 2001 Texas Register (26 TexReg 4819). The deadline for submission of a proposed fee schedule to the Commission in subsection (a) of the section is changed from June 30 to July 31. The revised date more closely coincides with the Commission's customary meeting schedule.

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. The new section will replace current §§6.122-6.123, which the agency are repealing in a separate action. In contrast to the repealed sections, which contain a detailed fee schedule, the new section establishes a procedure for the establishment and approval of a fee schedule each fiscal year by the Commission. Under this process 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.

No comments were received regarding the adoption of the section.

The section is adopted under the Government Code, §441.017, which requires the Commission to establish fees to recover the cost of its micrographics services.

§6.122.Records Storage Services Fee Schedule.

(a) No later than July 31 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 and local governments during the following fiscal year.

(b) The schedule of proposed fees presented to the Commission under Subsection (a) 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 adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2001.

TRD-200104405

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commissioni

Effective date: August 20, 2001

Proposal publication date: June 29, 2001

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