13 TAC §6.91
The Texas State Library and Archives Commission proposes
amendments to 13 TAC §6.91 relating to standards and procedures for the
management of electronic records by state agencies by state agencies.
The proposed amendments change the definitions of an electronic state record
and a state record to conform the definitions to both definitions of a state
record in Government Code, Chapter 441. The definition of a state record in
Government Code, §441.031, is different from that in Government Code, §441.180,
in that the former includes an exception for most records associated with
alternative dispute resolution procedures from the definition of a state record.
The amended sections are proposed under Government Code, §441.189,
which permits the Texas State Library and Archives Commission to adopt rules
relating to the creation and storage of electronic state records.
Michael Heskett, state records administrator, has determined that for each
year of the first five years after adoption of the proposed amendments, there
will be no fiscal implications for local governments as a result of the adoption
of the amendments because the proposed amendments are not applicable to local
governments. Mr. Heskett anticipates that there will be no cost savings to
state agencies that are subject to the proposed amendments during the first
five years after rule adoption.
Mr. Heskett does not anticipate either a loss of, or an increase, in revenue
to state or local government as a result of the proposed amendments. There
will be no impact on small or micro businesses as a result of enforcing the
rules. There will be no anticipated economic cost to persons or individuals
who are required to comply. The public benefit of the proposed amendments
is to help lessen confusion among state agencies concerning the status of
alternative dispute resolution records as state records.
Written comments on the proposed amendments may be submitted to Tim Nolan,
State and Local Records Management Division, Texas State Library and Archives
Commission, Box 12927, Austin, TX 78711; or tim.nolan@tsl.state.tx.us; or
by fax to (512) 323-6100.
Government Code, §441.189, is affected by the proposed rules.
§6.91.Definitions.
The following words and terms, when used in these sections, shall have
the following meanings, unless the context clearly indicates otherwise. Terms
not defined in these sections shall have the meanings defined in the Government
Code, §441.180.
(1) - (4)
(No change.)
(5)
Electronic state record--Information that meets the definition
of a state record in the Government Code,
§441.031 and
§441.180,
and is maintained in electronic format for computer processing, including
the product of computer processing of the information.
(6)
(No change.)
(7)
State record--As defined by the Government Code, §441.180(11),
any written, photographic, machine-readable, or other recorded information
created or received by or on behalf of a state agency or an elected state
official that documents activities in the conduct of state business or use
of public resources. The term does not include library or museum material
made or acquired and maintained solely for reference or exhibition purposes;
an extra copy of recorded information maintained only for reference; or a
stock of publications or blank forms.
As provided by the Government Code, §441.031,
the term also does not include any records, correspondence, notes, memoranda,
or documents, other than a final written agreement described by §2009.054(c),
associated with a matter conducted under an alternative dispute resolution
procedure in which personnel of a state department or institution, local government,
special district, or other political subdivision of the state participated
as a party, facilitated as an impartial third party, or facilitated as the
administrator of a dispute resolution system or organization.
(8)
(No change.)
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 April 21, 2005.
TRD-200501654
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: June 5, 2005
For further information, please call: (512) 463-5459