PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CHAPTER 3. STATE PUBLICATIONS DEPOSITORY PROGRAM
The Texas State Library and Archives Commission proposes to amend §§3.2, 3.3 and 3.6 regarding the State Publications Depository Program. The proposed revision to §3.2 and §3.3 would require state agencies to print the date of issuance on their publications. For publications that are available on the agency's website as well as in print, agencies would be required to include the publications' internet locations on the printed documents and on a form that is submitted to the program. The proposed revision to §3.6 adds clarification to the existing language of the rule that exempts certain items from deposit.
Division Director Beverley Shirley 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 section will be to provide improved access to government publications by capturing and preserving the electronic version of printed documents.
Written comments on the amendments 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 amendments are proposed under Government Code §441.102, which authorizes the commission to establish procedures for distribution of state publications to depository libraries and to establish a system to provide access to publications in electronic format and §441.105, which authorizes the commission to exempt publications from the program.
The amended sections affect Government Code, §§441.101 - 441.106.
§3.2.Standard Requirements for State Publications in All Formats.
(a) State agencies are required to deposit or make accessible copies of all state publications that have not been exempted from the State Publications Depository Program in §3.6 of this title (relating to Standard Exemptions for State Publications in All Formats) or under §3.7 of this title (relating to Special Exemptions).
(b) State agencies are required to display the date that each state publication is produced or distributed in a conspicuous location at or near the beginning of the publication.
(c) [(b)] When a state publication
is distributed to the public in multiple formats simultaneously, state
agencies are required to provide access to or copies of that publication
to the commission in all formats in which the publication is publicly
distributed. State agencies are not required to provide copies to
the commission of publications on electronic external storage devices
if the state publications are made available by an Internet connection.
(d) [(c)] When a state publication
changes frequently, as in the case of an Internet publication that
announces time-dependent information, state agencies are required
to determine whether the alteration in the publication represents
a substantive change or a transitory or inconsequential change. If
the modification is a substantive change, the original version and
the new version must be treated as separate publications and managed
in accordance with §3.4 of this chapter (relating to Standard
Deposit and Reporting Requirements for State Publications that are
Internet Publications). If the modification is a transitory or inconsequential
change, or if the modification is due only to changes to information
that is exempt under §3.6 of this chapter (relating to Standard
Exemptions for State Publications in All Formats), the two versions
are not deemed to be separate publications.
(e) [(d)] Records retention.
State agencies are reminded that compliance with this chapter does
not constitute compliance with records retention rules for state government
records. See Texas State Records Retention Schedule (second edition
or subsequent edition as applicable) and §§6.1 - 6.10 of
this title for complete information about records retention requirements.
(f) [(e)] Archival publications.
For those publications defined as archival (see §6.1 of this
title), one copy must be submitted to the Texas State Archives in
accordance with §§6.91 - 6.99 of this title.
§3.3.Standard Deposit and Reporting Requirements for State Publications in Physical Formats.
(a) The standard number of copies of state publications in physical formats to be deposited is based on the number of copies produced, the type of publication or the medium in which it is made available.
(1) For most state publications in physical formats:
(A) If 300 or more copies are produced, 55 [fifty-five (55)] copies must be deposited with the State Publications
Depository Program.
(B) If fewer than 300 copies are produced, 4 [four (4)
] copies must be deposited with the State Publications
Depository Program.
(2) (No change.)
(b) (No change.)
(c) For state publications available both in physical format and by Internet connection, the publishing agency shall prominently display the publication's specific and exact Internet address (the uniform resource locator on the agency's website) on the cover or title page of the publication.
(d) [(c)] Reporting
(1) Each state agency must submit a publication reporting form that lists and describes state publications in physical formats as they become available.
(2) At the time that a state publication is [
State publications] submitted in physical format, the publication
reporting form must be enclosed with the shipment [formats
must be listed on a paper form that is enclosed with each shipment].
(3) For each state publication that is available both in physical format and by Internet connection, the publication reporting form must include the publication's specific and exact Internet address (the uniform resource locator on the agency's website).
§3.6.Standard Exemptions for State Publications in All Formats.
The Director and Librarian has exempted from deposit requirements certain kinds of state publications. A state agency is not required to deposit or provide access to these state publications:
(1) - (4) (No change.)
(5) artwork (graphical representations without textual information);
(6) - (10) (No change.)
(11) curriculum catalogs (departmental only);
(12) - (13) (No change.)
(14) forms and instruction manuals for their completion;
(15) - (21) (No change.)
(22) news or press releases; [(exemption
applies to physical formats only)]
(23) - (38) (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 13, 2009.
TRD-200901407
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: May 24, 2009
For further information, please call: (512) 463-5459