Part 1.
TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
Chapter 2.
GENERAL POLICIES AND PROCEDURES
The Texas State Library and Archives Commission adopts new §2.59
concerning the loan and exhibition of state archives; new §2.60 concerning
friends groups; amended §§2.1 - 2.4, 2.6, 2.51 - 2.56, and 2.70
concerning the general policies and procedures of the commission; and amended §2.115
concerning procedures for peer review of grants. Sections 2.1, 2.52 and 2.59
are adopted with changes to the text as published in the October 24, 2003,
issue of the
Texas Register
(28 TexReg 9181).
Sections 2.2 - 2.4, 2.6, 2.51, 2.53 - 2.56, 2.60, 2.70, and 2.115 are adopted
without changes and will not be republished.
The purpose of new §§2.59 - 2.60 is to enable the commission
to propose and adopt rules relating to friends groups and the loan and exhibition
of archives in coherent sections so that those interested in participating
in a friends group will have a clear understanding of the scope and purpose
of such groups and those wishing to borrow and exhibit materials from the
state archives will have a clear understanding of the terms and conditions
of such loans. Section 2.1 is amended to provide a definition for competitive
grants, the director and librarian, and the Texas State Library. Section 2.2
is amended to clarify the authority of the director and librarian to approve
certain grants and acknowledge the acceptance of certain gifts and grants
and to change the number of members of the commission from six to seven. Section
2.3 is amended to clarify a reference to statutory law, to specify the disposition
of the minutes of the commission, and to delegate the approval of certain
grants to the director and librarian. Section 2.4 is amended to correct references
to statutory law and to delete an unneeded subsection relating to historically
underutilized businesses. Section 2.6 is amended to establish a sunset date
for the commission's Electronic Recording Advisory Committee. Section 2.51
is amended to correct references to another state agency and its administrative
rules, to amend the charges for certain public records fees, and to correct
grammatical errors. Section 2.52 is amended to change certain procedures for
registration for the use of Texas State Library materials, to change the loan
period for borrowed materials, to delete an unneeded subsection concerning
confidential records, and to delete subsections relating to the loan and exhibition
of state archival materials that are now incorporated in proposed new §2.59.
Section 2.54 is amended to correct a reference to another state agency whose
title has been changed in law. Section 2.56 is amended to correct grammatical
errors that are currently present in the rule. Section 2.70 is amended to
correct a reference to another state agency whose title has been changed in
law. Section 2.115 is amended to establish clarified procedures for peer review
of grants. In addition to what has been noted, the language of §§2.1-2.4
and 2.51-2.56 has also been amended to conform to the current Texas Register
style guidelines.
The new and amended rules will provide the public with a coherent and clear
body of rules concerning the general policies and procedures of the Texas
State Library and Archives Commission and the requirements for the use of
its collections.
No comments were received on the proposal. There were minor grammatical
and spelling changes made to the originally proposed text.
Subchapter A. PRINCIPLES AND PROCEDURES OF THE COMMISSION
13 TAC §§2.1 - 2.4, 2.6, 2.51 - 2.56, 2.59, 2.60, 2.70
The new and amended rules are adopted under the following
statutes: Government Code, §441.006(a)(1), which provides that the commission
will govern the Texas State Library; Government Code, §441.006, which
requires the commission to adopt rules relating to complaints by customers;
Government Code, §§441-0091(b)(3) and 441.136, which require the
commission to adopt rules governing its library grant programs; Government
Code, §§656.048 and 656.102, which require state agencies to adopt
rules relating to the training and education of staff; Government Code, §2161.003,
which requires state agencies to adopt the rules promulgated by the Texas
Building And Procurement Commission relating to historically underutilized
businesses; Government Code, §2171.045, which requires a state agency
with a vehicle fleet to adopt rules concerning the use of the fleet; and Government
Code, §2255.001, which requires a state agency that is authorized by
statute to accept money from a private donor or for which a private organization
exists that is designed to further the purposes and duties of the agency to
adopt rules governing the relationship between the agency and the donor or
organization.
§2.1.Definitions.
The following words and terms when used in this chapter shall have
the following meanings, unless the context clearly indicates otherwise:
(1)
Commission--The Texas State Library and Archives Commission.
(2)
Competitive grant--Any grant awarded by the Texas State
Library and Archives Commission based on competition among eligible entities
for available grant funds.
(3)
Director and librarian--Chief executive and administrative
officer of the Texas State Library and Archives Commission.
(4)
Loan period--A period of time beginning with the date the
Texas State Library delivers or mails an item to a customer and ending with
the date that the customer returns it to the library.
(5)
Over-size paper copy--Any printed impression on paper larger
than 8 1/2 inches by 14 inches. Each side of a piece of paper is counted as
a single copy. A piece of paper that is printed on both sides is counted as
two copies.
(6)
State Archives--A non-circulating collection of Texas state
and local government records, private papers, maps, photographs, newspapers,
and published materials that documents the history of the State of Texas and
the growth and actions of its government.
(7)
Texas State Library--The staff, collections, archives,
and property of the Texas State Library and Archives Commission organized
to carry out the commission's responsibilities.
(8)
Friends group--An affiliated nonprofit organization whose
purpose is to raise funds for or provide services or other benefits to the
Texas State Library and Archives Commission and that has been so designated
by the commission.
§2.52.Customer Service Policies.
(a)
Registration.
(1)
Texas state employees and persons affiliated with state
or local governments in Texas, staff of public, academic, special, or school
libraries, and faculty or students of graduate schools of library and information
science in Texas must register each year in person, by telecommunications
or mail. Registration includes providing the following information:
(A)
place of employment or study, address, and telephone number;
(B)
home address and telephone number; and
(C)
driver's license or date of birth.
(2)
Others must register each year in person, presenting valid
photo identification with a current address, sign a registration agreement,
and provide the information detailed in paragraph (1) of this subsection.
The signed registration is kept on file. Registration must be renewed annually
by presenting current photo identification with an address and provide the
information detailed in paragraph (1) of this subsection.
(3)
No corporations, libraries, or groups may register; only
individuals who are 16 years or older may register. However, persons under
age 16 are welcome to use the services if supervised by an adult. Persons
age 12 or younger are not admitted in the State Archives reference room; however,
they may use other services and facilities of the library under supervision
of a registered customer.
(4)
Customers without acceptable photo identification or other
information may be registered temporarily for supervised use of materials
at the library; however, customers without a verified work or home address
in Texas may not check out circulating materials.
(b)
Loan Periods.
(1)
Loans of circulating items are four weeks with the following
exceptions.
(A)
Video materials are loaned for three weeks.
(B)
Materials are loaned to other libraries for five weeks.
(C)
Collection development materials are loaned for eight weeks.
(2)
Renewal of loans.
(A)
Loans may be renewed once for four weeks if there are no
reserves on the item.
(B)
Customers may renew loans in person, by telecommunications
or mail.
(C)
Libraries may renew interlibrary loans once if there are
no reserves on the item.
(D)
Overdue materials may be renewed if they are less than
4 weeks overdue.
(3)
Number of items per customer.
(A)
The number of circulating items that may be borrowed at
one time is not limited, except that a customer may only borrow six reels
of microfilm at one time.
(B)
Additional restrictions apply to the State Archives. Only
one box, one pension application, case file, bill file, or map may be used
at a table at a time. No more than five volumes may be on a table at a time.
Only one folder may be removed from a box at a time. Added materials may be
requested and kept on a book truck or at a staff member's desk.
(c)
Overdue and Lost Items.
(1)
Customers are responsible for items checked out in their
name until they are returned to the circulation desk of the collection from
which they were borrowed. Items may be returned by either of the following:
(A)
United States mail services to Texas State Library, Box
12927, Austin, Texas 78711-2927;
(B)
interagency mail or commercial delivery services to Texas
State Library, Lorenzo de Zavala State Archives and Library Building, 1201
Brazos, Austin, Texas 78701-1938.
(2)
There is no fine for overdue items.
(3)
The costs of replacement are assessed for lost items.
(4)
An invoice for the value of an item is sent when it is
six weeks overdue.
(5)
For government publications the replacement cost is the
current price or $.10 per page.
(d)
Subsections (b) and (c) of this section are not applicable
to the loan of materials from the commission's Talking Book Program. The loan
policies of the program are administered according to guidelines set by the
National Library Service of the Library of Congress.
(e)
Services Requiring Registration. Customers must be registered
to check out materials, request interlibrary loans of materials, use password
services, or receive services for fees.
(f)
Password Services. Some information services provided by
telecommunications are limited to state employees or to staff of participating
libraries and require a valid password for access.
(g)
Suspension of Service.
(1)
Borrowing privileges may be suspended permanently for failures
to return materials within eight weeks of the due date more than two times.
(2)
Services at the library may be suspended for six months
for smoking in a facility of the commission or eating or drinking in a reading
or reference room.
(3)
Services at the library may be permanently suspended for
behavior that is threatening, harassing, or obscene toward staff or other
customers. If the service can be provided through an alternate method that
eliminates the problem behavior, for example mail instead of telephone or
telephone rather than at the library, the service will be provided.
(4)
Theft or destruction of state resources or property will
result in permanent suspension of all services immediately.
(5)
Prior to a permanent suspension of service, a customer
will be notified in writing of the problem and provided an opportunity to
respond by a certain date if the customer has a known postal or e-mail address.
A temporary suspension will be imposed until a decision has been reached.
§2.59.Loan and Exhibition of State Archives.
Archival material, historical items, artifacts, or museum pieces will
be loaned for public exhibition only under conditions specified in paragraphs
(1)-(8) of this section. Requests for loan of the original Texas Declaration
of Independence, and original copies of the Constitutions of Texas, treaties
of the Republic of Texas, and certain other highly significant documents will
require the formal approval of the commission. Prior to archival materials
being lent for exhibition, the commission will create microfilm reproductions,
preservation photocopies, other photographic reproductions, or digital images
of those materials.
(1)
General Requirements.
(A)
A formal loan request must be made in writing at least
60 days before the materials are to leave the commission. The request shall
be addressed to the director and librarian. The written request shall include
the exhibition title, dates of exhibition and loan period, a general description
of the exhibition, and complete citations for each item requested. If special
circumstances warrant, the director and librarian may waive the 60-day requirement.
(B)
The maximum loan period is normally six months. The director
and librarian reserves the right to recall loaned materials for good cause
at any time and will attempt to give reasonable notice thereof.
(C)
The borrower must agree in writing to adhere to the commission
rules governing the loan and exhibition of materials. If the borrower wishes
to use its own incoming loan agreement form as well, it must first agree that
the terms of the commission loan agreement are the controlling terms if there
is a conflict between the two documents.
(D)
The borrower may not take any of the actions detailed in
clauses (i), (ii), and (iii) of this subparagraph without first obtaining
written permission from the director and librarian.
(i)
Display commission materials in a location or exhibition
other than that cited on the loan agreement.
(ii)
Transfer physical custody of the loaned items to another
institution or third party.
(iii)
Alter, clean, or repair loaned items; perform any conservation
treatment; or remove a document from a housing provided by commission (e.g.,
polyester encapsulation, mat, etc.).
(2)
Security and Environmental Conditions.
(A)
Archival material, historical items, and artifacts must
be displayed in a facility equipped with fire protection equipment as described
in National Fire Protection Association-Standard for the Protection of Cultural
Resources Including Museums, Libraries, Places of Worship, and Historic Properties
(NFPA909-1997).
(B)
Items on loan must be secure at all times. Professional
security guards or other trained personnel must regularly patrol exhibition
areas during hours of public access. The borrower shall have sufficient 24-hour
guards or a 24-hour electronic security system to effectively monitor and
protect the exhibition, storage, and preparation areas at all times.
(C)
Temperature and humidity levels must be monitored and controlled.
A temperature of 70 degrees Fahrenheit, plus or minus 5 degrees, and a relative
humidity of 50% plus or minus 5% without rapid fluctuations must be maintained
in the storage, preparation, and exhibition areas. Before approving a loan
and while items are on loan, the director and librarian may request copies
of temperature and humidity readings from the borrower to verify that these
requirements can and are being met.
(D)
Exhibition cases must be dirt-free, dust-proof, and secured
with locks or security screws. Frames must also be dirt- and dust-proof and
secured to the wall with security screws or other hanging methods approved
by the director and librarian. Glass or acrylic sheeting, such as plexiglas,
lucite, or polycast must protect all materials displayed in frames or cases.
The director and librarian may specify grades of acrylic sheeting that filter
ultraviolet light for materials that are especially light sensitive.
(E)
The exhibition must be monitored daily to ensure security
and stability of documents within the cases and frames as well as adequate
maintenance and cleaning of the exhibit area.
(F)
Eating, drinking, and smoking must be prohibited in the
storage, preparation, and exhibition areas.
(3)
Lighting Conditions.
(A)
Incandescent bulbs are the preferred light source for exhibition
lighting. All light sources must be filtered to remove the ultraviolet component.
(B)
When lighting items exhibited in a case, exterior incandescent
lights shall be used whenever possible. If interior case lights are used,
fluorescent lights with ultraviolet filters are preferable because fluorescent
tubes will have minimal effect on the temperature in the case.
(C)
No original archival materials, historical items, or artifacts
shall be exhibited where they will be exposed to direct or unfiltered sunlight.
(4)
Handling and Installation.
(A)
Original archival materials, historical items, or artifacts
may be handled and installed by only a curator, registrar, preparator, or
conservator under contract to or on the staff of the borrower.
(B)
The commission may encapsulate or mat documents for loan
to minimize dangers associated with handling and exhibition. No item borrowed
for exhibition may be altered, cleaned, repaired, or removed from housing
provided by the commission without first obtaining written permission from
the director and librarian.
(C)
The commission reserves the right to directly supervise
the installation of its materials.
(D)
If documents are displayed in exhibition cases, the cases
must be dirt-free, dust-proof, and locked or secured with security screws.
(E)
All items must be handled, supported, and conveyed by means
that will prevent damage during transport to and from the borrowing institution
and within it.
(F)
All items must be given sufficient support to prevent damage
during exhibition.
(5)
Inspections.
(A)
A commission staff member may inspect the exhibition area
before the loan is approved. If, after a commission staff inspection, in the
opinion of the director and librarian any loan requirement cannot be met,
the loan will not be made.
(B)
Commission staff members or personnel designated by the
director and librarian may make inspection trips at any time during the period
of the loan.
(6)
Packing and Transportation.
(A)
Unless the commission specifies otherwise, commission staff
will pack items going out on loan. The borrower is responsible for packing
loan items to return to the commission. All items must be given sufficient
support and protection to prevent damage during transit.
(B)
The borrower will pay all costs associated with shipping
or transporting the items on loan from the commission.
(7)
Insurance. All borrowers, other than state agencies, must
provide all-risk insurance coverage in an amount satisfactory to the commission
for all loaned items from the time the items leave the commission until the
time of return. Evidence of this policy must be provided the commission before
any items are removed from the commission.
(8)
Publicity and Credit.
(A)
The director and librarian must approve any plans to reproduce
loaned items for exhibition-related publications, other publications, and
publicity purposes.
(B)
Commission materials on exhibition may be photographed
by the general public without the use of flash or tripod.
(C)
In the exhibition and related publicity, the commission
must receive clear and prominent credit. The following credit line shall be
used: Archives and Information Services Division, Texas State Library and
Archives Commission.
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 April 22, 2004.
TRD-200402698
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: May 12, 2004
Proposal publication date: October 24, 2003
For further information, please call: (512) 463-5459
1.
GENERAL GRANT GUIDELINES
13 TAC §2.115
The amended rule is adopted under the following statutes:
Government Code, §441.006(a)(1), which provides that the commission will
govern the Texas State Library; Government Code, §441.006, which requires
the commission to adopt rules relating to complaints by customers; Government
Code, §§441-0091(b)(3) and 441.136, which require the commission
to adopt rules governing its library grant programs; Government Code, §§656.048
and 656.102, which require state agencies to adopt rules relating to the training
and education of staff; Government Code, §2161.003, which requires state
agencies to adopt the rules promulgated by the Texas Building And Procurement
Commission relating to historically underutilized businesses; Government Code, §2171.045,
which requires a state agency with a vehicle fleet to adopt rules concerning
the use of the fleet; and Government Code, §2255.001, which requires
a state agency that is authorized by statute to accept money from a private
donor or for which a private organization exists that is designed to further
the purposes and duties of the agency to adopt rules governing the relationship
between the agency and the donor or organization.
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 April 22, 2004.
TRD-200402699
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: May 12, 2004
Proposal publication date: October 24, 2003
For further information, please call: (512) 463-5459
Subchapter A. PRINCIPLES AND PROCEDURES OF THE COMMISSION
13 TAC §§2.60 - 2.64
The Texas State Library and Archives Commission adopts the
repeal of §§2.60 - 2.64, concerning friends groups, as proposed
in the October 24, 2003, issue of the
Texas Register
(28 TexReg 9191).
The purpose of the repeal is to enable the commission to propose and adopt
rules relating to friends groups in one coherent section. By doing so, those
interested in participating in a friends group will have a clear and complete
understanding of the scope and purpose of such groups.
No comments were received on the proposed repeal.
The repeal is adopted under Government Code, §2255.001,
which requires a state agency that is authorized by statute to accept money
from a private donor or for which a private organization exists that is designed
to further the purposes and duties of the agency to adopt rules governing
the relationship between the agency and the donor or organization.
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 April 22, 2004.
TRD-200402700
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: May 12, 2004
Proposal publication date: October 24, 2003
For further information, please call: (512) 463-5459
7.
TEXAS READS GRANT PROGRAM, GUIDELINES FOR PUBLIC LIBRARIES
13 TAC §§2.170 - 2.175
The Texas State Library and Archives Commission adopts new
rules, 13 TAC §§2.170-2.175, without changes to the text as published
in the October 24, 2003, issue of the
Texas Register
(28 TexReg 9192). These sections establish the guidelines for the
administration of a new grant program for Texas public libraries, Texas Reads
Grant Program, whose general purpose is to fund public library programs to
promote reading and literacy in local communities. These sections set forth
the general terms, conditions, and criteria for awarding these grants. Grants
will aid local communities to enhance local library services.
No comments were received during the comment period.
These new sections are adopted under the authority of Government
Code §441.0092, that provides the Commission authority to make grants
to fund programs to promote reading and literacy through public libraries,
determine eligibility standards for grants, provide procedures for grant applications,
and determine the recipient and amount of each grant. The collection of revenue
to fund the grant program is authorized under Transportation Code, §504.616.
The adopted new sections affect the Government Code, §441.0092 and
the Transportation Code, §504.616.
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 April 22, 2004.
TRD-200402706
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: May 12, 2004
Proposal publication date: October 24, 2003
For further information, please call: (512) 463-5459
Subchapter A. RECORDS RETENTION SCHEDULING
13 TAC §6.3
The Texas State Library and Archives Commission adopts an
amendment to §6.3, concerning the submission of records retention schedules
for recertification, without changes to the proposed text published in the
October 24, 2003, issue of the
Texas Register
(28
TexReg 9193).
The purpose of the amendment is to permit a state agency that assumes the
functions and duties of an abolished state agency to continue to use the certified
records schedule of the abolished agency until its own schedule has been recertified.
The adoption of the amendment will assist state agencies that assume new functions
as a result of legislative reorganization of state government in managing
and lawfully disposing of records associated with those functions.
No comments were received on the proposed amendment.
The amended section is adopted under Government Code, §441.185(e),
which provides the commission authority to adopt rules concerning the submission
of records retention schedules to the state records administrator.
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 April 22, 2004.
TRD-200402707
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: May 12, 2004
Proposal publication date: October 24, 2003
For further information, please call: (512) 463-5459
Subchapter C. GRANT POLICIES
Chapter 2.
GENERAL POLICIES AND PROCEDURES
Subchapter C. GRANT POLICIES
Chapter 6.
STATE RECORDS
Chapter 8.
TEXSHARE LIBRARY CONSORTIUM