Texas State Library and Archives Commission


Friday, June 15, 2007 11:10 a.m.


Minutes

The Texas State Library and Archives Commission (TSLAC) met on Friday, June 15, 2007, at 11:10 a.m. at the State and Local Records Management facility, 4400 Shoal Creek Boulevard in Austin, Texas.


Commissioners Present:             Sandra J. Pickett, chairman


                                                Sally Reynolds


                                                Sharon T. Carr


                                                Martha Doty Freeman


                                                Cruz G. Hernandez


                                                Sandra G. Holland


                                                Diana Rae Hester Cox

Commissioners Absent:             None   

Staff Present:                            Peggy D. Rudd, director and state librarian   


                                                Ed Seidenberg, assistant state librarian


                                                Chris LaPlante, director, Archives and Information Services


                                                Deborah Littrell, director, Library Development


                                                Beverley Shirley, director, Library Resource Sharing


                                                Michael Heskett, director, State and Local Records Management


                                                Ava Smith, director, Talking Book Program


                                                Karen Drabek, director, Administrative Services


                                                Erica McKewen, communications officer


                                                Tracy Kuhn Lash, executive assistant


                                                Michael Ford, project coordinator, Information Resources Technologies


                                                Coby Condrey, coordinator, Texas State Publications Depository


                                                Myra Zatopek, continuing education consultant, Library Development


                                                Naomi DiTullio, distance learning consultant, Library Development


                                                Christine McNew, youth services consultant, Library Development


                                                Chris Jowaisas, systems grants administrator, Library Development


                                                Tine Walzczyk, library technology consultant, Library Development


                                                                       


Guests Present:                        Robert DuPuy, Jefferson Wells


                                                Carleton Wilkes, Jefferson Wells


                                                Laurie Mahaffey, Central Texas Library System


                                                Debra Gibson, Northeast Texas Library System


                                               


Chairman Pickett convened the meeting at 11:20 a.m. following the meeting of the Audit Committee. Before moving to the first agenda item, Chairman Pickett welcomed commissioners, staff and guests.

1. Approve Minutes of the April 12, 2007 Audit Committee and Commission Meetings.

Commissioner Cox moved to approve the April 12, 2007 Audit Committee minutes.  Commissioner Hernandez seconded.  Motion passed.   After Commissioner Reynolds noted one correction to the full commission minutes, Commissioner Cox moved to approve the minutes of the April 12, 2007 commission meeting.  Commissioner Hernandez seconded.  Motion passed.   

2. Public Comment.

There was no public comment at this time.

3. General Announcements.

There were no announcements at this time.

4.  Review of consent agenda: non-substantive corrections in other agenda items such as spelling, numbering, punctuation, grammatical or other revisions.

Non-substantive corrections were noted.

5.  Review and approve Audit Committee recommendations on  (a) the Audit of the State Publications Depository Program, and  (b) the Evaluation of Compliance with Information Technology Requirements.

Commissioner Hernandez presented the findings and recommendations on the internal audit of the State Publications Depository Program conducted by Jefferson Wells and moved to approve.   No second is required.  Motion passed.  Commissioner Hernandez presented the findings and recommendations on the evaluation of agency compliance with Information Technology Requirements conducted by Jefferson Wells and moved to approve.   No second is required.  Motion passed.

6. Consideration of Commemorative Resolutions.  

Chairman Pickett read aloud the resolution commemorating the retirement of Manuel Alvarez, director of Information Resources Technologies of the Texas State Library and Archives Commission.  Commissioner Hernandez moved to approve the resolution commemorating Manuel Alvarez on his retirement. Commissioner Carr seconded. Motion passed.

Chairman Pickett called upon Deborah Littrell who addressed the commission and introduced Library Development staff who work closely with Marilyn Johnson, continuing education manager of the Texas State Library and Archives Commission.  Chairman Pickett read aloud the resolution honoring Marilyn Johnson for dedicated service to the people of Texas, and in particular her professional and personal contributions to libraries in Texas and West Virginia.  The resolution recognized Marilyn for her many professional accomplishments and her personal strength and courage in battling cancer.  Commissioner Reynolds moved to approve the resolution commemorating Marilyn Johnson for her dedicated service to the people of Texas. Commissioner Carr seconded.  Motion passed.

7. Review and Approve Acceptance of Gifts Greater than $500.

Peggy Rudd informed the commission of the following gifts presented to the agency:

The State and Local Records Management Division received a check in the amount of $6,380.69 on March 29, 2007, from Cingular/AT&T Wireless Services. This is a donation to the agency relating to Cingular’s cellular phone tower on agency property located at 4400 Shoal Creek Boulevard in Austin, Texas. The donation is in conjunction with an easement and lease agreement made with the General Land Office.

Commissioner Cox moved to accept the gifts.  Commissioner Carr seconded the motion.   Motion passed.

8.  Report of the Director and Librarian.

Peggy Rudd provided a written report that updated the commission on agency activities during the third quarter of Fiscal Year 2007 including the following:

  • Staff planning, preparation and activities related to the Texas Library Association Annual conference. 
  • Talking Book Program activities including a machine audit to verify patrons’ equipment, NLS biennial site visit, working with the National Library Service to assist in planning the 2008 NLS conference in San Antonio and Web page redesign for more accessibility to users.
  • Progress of Data Center Consolidation.
  • TexShare program update.
  • Report on Texas Heritage Digitization Initiative events and activities.
  • State and Local Records Management activities including annual electronic records symposium, and training local government staff in records management, disaster preparedness and recovery training.
  • Library Development division activities.
  • Archives and Information Services activities including preparing records for relocation prior to  building renovation.
  • Various meetings, conferences and speaking engagements.

9.   Discussion of Sunset and other legislation affecting the agency.

Edward Seidenberg addressed the commission and reported on action of the 80th Legislature affecting the agency.   Senate Bill 913 was passed and signed by the Governor, implementing the Texas Sunset Commission recommendations on the agency.   These recommendations are:

  • Continue the Texas State Library and Archives Commission for 12 years (2019).
  • Remove the system funding formula from statute and require the Commission to adopt a new formula in rule that provides flexibility but continues to ensure funding for basic system support services.
  • Require TSLAC to award competitive grants aimed at increasing innovation and targeting state and federal goals. Requires recipients to report best practices and performance outcomes.
  • Eliminate TSLAC’s certification of county librarians.
  • Authorize TSLAC to promote, and provide leadership to, collaboration between a wide range of Texas institutions to develop an online tool for searching digitized cultural resources.
  •  Require TSLAC and the Texas Education Agency to develop a joint study of school library needs and to assess which needs each agency should address. The study is to be issued by December 31, 2008.

The following across-the-board recommendations; are also included:

  • Update provisions relating to conflicts of interest.
  • Update grounds for removal of a member of the policymaking body.
  • Update training required for members of the policymaking body.
  • Require information to be maintained on complaints.
  • Require the agency to use technology to increase public access.
  • Develop and use appropriate alternative rulemaking and dispute resolution procedures.

Other changes made to the bill (but not Sunset recommendations):

  • Authorizes the agency to allow library systems to receive and spend funding in addition to system grants, and to retain this program revenue remaining at the end of a fiscal year for activities approved by the agency.
  • Adds 441.186(k): “If a disagreement exists between an institution of higher education, as defined by §61.003, Education Code, and a county over custody of a record that has been in existence for more than 50 years and if the commission determines that further negotiations between the institution and the commission are unlikely to resolve the disagreement, the record shall be transferred to the custody of the commission and treated as an archival state record.”

He also reported on other legislation of interest.   No action required.

10.  Discussion of budget actions and other fiscal issues related to the agency.

Edward Seidenberg addressed the commission and reported on revisions made to the agency’s budget as a result of the actions of the 80th Legislature and the change in federal funds since Congress did not pass an increased budget.  The state legislative actions are:

  • Restored almost all of the 10 percent reduction the agency was directed to take in initial budget submission.
  • Changed TexShare’s state funding to “General Revenue” rather than as GR-Dedicated funds from the Telecommunications Infrastructure Fund (TIF).
  • Reduced agency’s Administration budget by  $95,291 in 2008 and $98,239 in 2009, essentially negating the restoration of the 10 percent reduction in most agency strategies.
  • Made additional appropriations to cover the anticipated costs of receiving a comparable level of information technology services from the Data Center Consolidation.
  • Added $1million per year for Loan Star Libraries grants and included a rider specifying LSL grants to be $5.65 million per year.
  • Added a rider that prohibits the expansion of the Lorenzo de Zavala State Archives and Library Building and limits the project to the current $15.5 million and designated the funds for repair and renovation only. 
  • Added a rider to the Texas Education Agency budget that directs them to transfer from their Technology Assessment Fund, an amount not to exceed $2.5 million per year for databases for public school libraries.  We have contacted the Education Agency to begin discussions on this and other issues. 

Mr. Seidenberg reported that federal funding for the agency’s Library Services and Technology Act grant for 2008 is $10,661,984, $253,016 less than what was budgeted.   Congress did not increase the funding for 2008.

Commissioner Hernandez moved to approve the revised budget.  Commissioner Holland seconded the motion.  Motion passed.

11.  Authorization to adopt rule review of Chapter 2 (General Policies and Procedures).

Karen Drabek addressed the commission and requested approval to adopt the review of Chapter 2 rules.  After the commission approval at the April 12, 2007 meeting, notice of proposed rule review was published in the Texas Register on April 27, 2007.  No comments were received.  Commissioner Carr moved to approve.  Commissioner Reynolds seconded.  Motion passed

12.  Authorization to adopt rule review of Chapter 7 (Local Records).

Michael Heskett addressed the commission and requested approval to adopt the review of Chapter 7 rules.


After the commission approval at the April 12, 2007 meeting, notice of the proposed rule review was published in the Texas Register on April 27, 2007.  No comments were received.  Commissioner Hernandez moved to approve. Commissioner Carr seconded.  Motion passed.

13.  Authorization to adopt amendment to 13 TAC 6.10 relating to State Records Retention Schedule.

Michael Heskett addressed the commission and requested adoption of amended rule 13 TAC 6.10 concerning a revised, fourth edition of the Texas State Records Retention Schedule.  The commission approved the publication of a proposed amended schedule at its April 12, 2007 meeting.  The text was published in the May 4, 2007 issue of the Texas Register.  No comments were received concerning adoption of the rule.  Commissioner Carr moved to approve.  Commissioner Reynolds seconded.  Motion passed.


 


14.  Review and approve the schedule of proposed fees for micrographics and imaging services.

Michael Heskett addressed the commission and requested approval of the Imaging Services Fee Schedule for FY2008.  Although there have been small increases in the costs of raw film, he said the increases have been offset by decreases in the costs of chemicals used in film processing.  Therefore, the fee schedule remains unchanged from that approved for use in FY07.  Commissioner Cox moved to approve.  Commissioner Holland seconded.   Motion passed.

15.  Approval of Five-Year Plan for Federal Library Services and Technology Act program 2008-2012.

Deborah Littrell addressed the commission and informed them that the agency must submit a five-year plan on how funds from the Institute of Museum and Library Services (IMLS) through the Library Services and Technology Act will be used.  The five-year plan articulates the mission, needs, goals, programs and evaluation methods that the agency proposes for the five-year period.  Commissioner Hernandez moved to approve.  Commissioner Carr seconded.  Motion passed.

16. Authorization to Propose Amendments to 1.21, 1.22 relating to the State Plan for the Library Services and Technology Act in Texas. 

Deborah Littrell addressed the commission and requested approval to post proposed amended rules, 13 TAC 1.21, 1.22 regarding the state plan for federal funds in the Texas Register. Government Code 441.006 permits the commission to accept, receive, and administer federal funds and 441.009 permits the commission to adopt a state plan for improving library services.  The Library Services and Technology Act replaced the Library Services and Construction Act in 1997.  However, the language of 13 TAC 1.22 was not updated. 

Ms. Littrell said the proposed amendment would bring the rules into alignment with the requirement of the program’s federal funding source by updating the wording in the rules.  Commissioner Cox moved to approve.  Commissioner Reynolds seconded.  Motion passed.

17. Authorization to adopt amendments to 13 TAC 2.814 relating to the Loan Star Libraries grant formula.

Deborah Littrell addressed the commission and requested approval to adopt amended rule 13 TAC 2.814 relating to the Loan Star Libraries grant formula.  She informed the commission that no comments were received after posting the proposed amended approved by the commission at its meeting on April 12, 2007.  Commissioner Carr moved to approve.  Commissioner Hernandez seconded.  Motion passed.

18. Authorization to adopt new and amended rules relating to the Texas Library Systems Act


(a) repeal 13 TAC 1.96 and 1.97; (b) amend 13 TAC 1.47, 1.67; and (c) amend 1.91, and new 13 TAC 1.96.

Deborah Littrell addressed the commission and presented three rules relating to the Texas Library Systems Act which should be repealed or changed due to action by the recent the 80th Legislature.  She requested approval to adopt repealed rules 13 TAC 1.96 and 1.97 which are no longer needed as a result of Senate Bill 913 removing the system funding formula from statute and directing the agency to adopt a funding formula in rule.  The commission approved posting the proposed repeal at their April 12th, 2007 meeting; no comments were received.  Commissioner Reynolds moved to approve; Commissioner Carr seconded.  Motion passed. 

In order to update wording regarding standards and accreditation of a system in the Texas Library System, Ms. Littrell requested approval to adopt amended rules 13 TAC 1.47 and 1.67 to bring the rules into alignment with the requirements of the program’s federal funding source, and also move a section from 1.47 to 1.91 to reflect the Senate Bill 913 directive that system operation grants should fund basic system support services.  This language becomes part of adopted amended rule 1.91 regarding system operation grants.    The commission approved posting the proposed repeal at their April 12th, 2007 meeting; no comments were received.  Commissioner Carr moved to approve; Commissioner Hernandez seconded.  Motion passed.

Ms. Littrell then requested approval to adopt new and amended rules, 13 TAC 1.91, 1.96.   The proposed amendments to 1.91 move a section from 13 TAC 1.47 to 1.91 to reflect the Senate Bill 913 directive that system operation grants should fund basic system support services. This language becomes part of amended rule 1.91 regarding system operation grants. Basic system support services are defined as administration of the grant, continuing education and consulting.  A new rule 13 TAC 1.96 is proposed in response to the Senate Bill 913 provision that removes the funding formula from statute and directs the agency to adopt a formula in rule.  The new 1.96 establishes a new formula for system operation grants; this new rule was developed using the process recommended by the Sunset Commission.

At their April 12th, 2007 meeting, Commissioners approved the proposed changes be posted for comment in the Texas Register.  Two comments were received regarding the proposed new system operation grant formula.    Commissioner Carr moved to approve; Commissioner Hernandez seconded.  Motion passed.

19. Authorization to propose repeal of 13 TAC 5.1-5.9 relating to County Librarian Certification.

Deborah Littrell requested approval to post proposed repealed rules, 13 TAC 5.1–5.9 regarding county librarian certification in the Texas Register.  Senate Bill 913 passed during the 80th Legislature repeals Government Code 441.007 authorizing the commission to certify county librarians.  The proposed rule repeal will revise the rules accordingly.  Commissioner Reynolds moved to approve.  Commissioner Holland seconded.  Motion passed.

20.  Authorization to publish proposed changes to rules relating to the Texas Library Systems Act: (a) repeal of 13 TAC 1.78, and (b) amendments to 13 TAC 1.81, 1.83, and 1.84.

Deborah Littrell requested approval to post proposed repealed rule 13 TAC 1.78 regarding county library certification, in the Texas Register.  Senate Bill 913 has repealed Government Code 441.007 which provided the commission the statutory authority to certify county librarians.  The proposed rule repeal will revise the rules accordingly. Commissioner Hernandez moved to approve.  Commissioner Carr seconded.  Motion passed.

With no further business, Chairman Pickett adjourned the meeting at 1:02 p.m.

Respectfully submitted,

Peggy D. Rudd signature

Peggy D. Rudd


Director and Librarian


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