Texas State Library and Archives Commission
February 20, 2020

Minutes

The Texas State Library and Archives Commission met on Thursday, February 20, 2020, in the Lorenzo de Zavala State Archives and Library Building, 1201 Brazos Street, Austin, Texas.

Commissioners Present:

Martha Wong, Chair

Larry G. Holt, Vice Chair

David C. Garza

F. Lynwood Givens

Arthur T. Mann

Bradley S. Tegeler

Darryl Tocker

 

Staff Present:

Mark Smith, Director and Librarian

Gloria Meraz, Assistant State Librarian

Donna Osborne, Chief Operations and Fiscal Officer

Sarah Swanson, General Counsel

Jelain Chubb, Director, Archives and Information Services

Craig Kelso, Director, State and Local Records Management

Jennifer Peters, Director, Library Development and Networking

Sarah Jacobson, Director, Talking Book Program

Michael Ford, Director, Information Technology Services

Tracy Kuhn Lash, Executive Assistant

Susan Floyd, Communications Officer

 

 

Guests:

Patsy Spaw, Secretary of the Senate

Wendy Woodland, Texas Library Association

Dr. James Flynn, University of Houston

Claire Stieg, Legislative Budget Board

Richard Holmes

Ava Smith

 

 
  1. Oath of office for new or reappointed commissioners.

    Patsy Spaw administered the Oath of Office to Bradley S. Tegeler who was appointed to the commission January 14, 2020 by Governor Greg Abbott. Following the oath, Chairman Wong called the meeting to order at 8:37 a.m. and noted that a quorum was present.
     
  2. Welcome and introductions.

    Chair Wong welcomed everyone to the meeting. Mark Smith introduced Richard Holmes and Ava Smith who recently retired from the agency. Mr. Holmes served for 34 years at the State Records Center and Ms. Smith served for 18 years as the Director of the Talking Book Program. Chair Wong presented commission resolutions to each and thanked them for their service to the agency.
     
  3. Election of vice-chairman.

    Chairman Wong said she would like Commissioner Holt to continue serving as the commission’s vice chair. Commissioner Mann moved to elect Commissioner Holt commission vice chair and Commissioner Garza seconded. Motion passed unanimously.
     
  4. Approve minutes of November 1, 2019 Commission Meeting.

    Commissioner Mann moved to approve the minutes of the November 1, 2019 commission meeting and Vice Chair Holt seconded. Motion passed unanimously.
     
  5. Public Comment. Wendy Woodland provided an update on Texas Library Association initiatives and activities and said she looks forward to working with the commission to support Texas libraries of all types. Claire Stieg introduced herself and said she looks forward to working with agency staff in her capacity as a Budget Analyst with the Legislative Budget Board.
     
  6. Conflict of interest disclosures. No conflicts were disclosed.
     
  7. Review and approve gifts and grants of $500 or greater.

    Sarah Jacobson requested approval of a $500 donation from the Gleber Family Foundation to the Talking Book Program.  Commissioner Garza moved to accept the grant and Commissioner Mann seconded. Motion passed unanimously.

    Ms. Jacobson requested approval for a donation of $81,333 for the Talking Book Program from the Gustave Jones McFarland Estate. Commissioner Givens moved to approve and Commissioner Tocker seconded. Motion passed unanimously.

    Donna Osborne requested approval for a grant of $23,802 from the National Historical Publications and Records Commission to support activities of the Texas Historical Records Advisory Board (THRAB) through December 31, 2020.  Commissioner Tocker moved to approve the grant and Vice Chair Holt seconded. Motion passed unanimously.
     
  8. Review and approve contracts greater than $100,000, contract renewals, and amendments.

    Jennifer Peters requested approval to renew a one-year contract with EBSCO Information Services for the TexShare program’s core package in the amount of $5,100,206. The contract period is July 1, 2020 through June 30, 2021. Commissioner Tocker moved approval and Commissioner Givens seconded. Motion passed unanimously.

    Ms. Peters requested approval to renew the Credo Complete Core Collection contract for TexShare in the amount of $675,000 for a one-year period from July 1, 2020 through June 30, 2021. Commissioner Tocker moved to approve and Commissioner Mann seconded. Motion passed unanimously.

    Ms. Peters requested approval to renew a contract for Cengage Learning Gale In Context: Opposing Viewpoints, Gale OneFile: Health and Medicine, and ChiltonLibrary resources in the amount of $1,320,740 for a one-year contract period from July 1, 2020 through June 30, 2021. Commissioner Tocker and Commissioner Garza seconded.  Motion passed unanimously.

    Ms. Peters requested approval to renew contracts totaling $1,391,998 for Cengage Learning and ProQuest e-resources for the TexShare program as follows: Cengage Learning Gale Legalforms in the amount of $390,000,  EBSCO Information Services Legal Information Reference Center in the amount of $85,156; and ProQuest SciTech Premium Collection and eBook Central collections in the amount of $916,842 with contract periods beginning July 1, 2020 and ending June 30, 2021.  Commissioner Tocker moved to approve and Commissioner Mann seconded. Motion passed unanimously.

    Ms. Peters requested renewal of contracts totaling $1,056,193 for EBSCO’s Learning Express PrepSTEP College Editions in the amount of $47,837 and EBSCO’s Learning Express Library and Job&Career Accelerator products for TexShare and TexQuest in the amount of $1,008,356. Contract periods run from July 1, 2020 through June 30, 2021. Commissioner Tocker moved to approve and Commissioner Givens seconded. Motion passed unanimously.

    Ms. Peters requested renewal of TexShare and TexQuest contracts totaling $1,006,969 for Cengage Learning: Gale In Context: Science, in the amount of $425,000 and TeachingBooks in the amount of $581,969. Contract periods run from June 15, 2020 through June 14, 2021.  Commissioner Tocker moved to approve the renewal and Commissioner Givens seconded. Motion passed unanimously.

    Ms. Peters requested approval to renew the GALE core package contract for school libraries in the TexQuest program in the amount of $1,500,000 for a contract period from June 15, 2020 through June 14, 2021. Commissioner Tocker moved to approve and Vice Chair Holt seconded. Motion passed unanimously.

    Ms. Peters requested approval to renew the Encyclopaedia Britannica contract for TexQuest resources in the amount of $1 million for a contact period of June 15, 2020 through June 14, 2021. Commissioner Mann moved to approve the contract and Commissioner Tocker seconded. Motion passed unanimously.

    Ms. Peters requested approval to renew a one-year contract for Infobase Learn 360 in the amount of $484,750 from June 15, 2020 through June 14, 2021 for the TexQuest program.  Commissioner Tocker moved to approve the contract and Commissioner Mann seconded. Motion passed unanimously.

    Ms. Peters requested approval to renew for a one-year contract with EBSCO e-books Collections for the TexQuest program in the amount of $153,430 for a contract period from June 15, 2020 through June 14, 2021. Commissioner Tocker moved to approve the contract and Commissioner Givens seconded. Motion passed unanimously.

    Ms. Peters requested approval to renew a one-year contract for ProQuest SIRS Discoverer for the TexQuest program in the amount of $70,176 from June 15, 2020 through June 14, 2021. Commissioner Tocker moved to approve and Commissioner Tegeler seconded. Motion passed unanimously.

    Ms. Peters requested renewal of negotiated discounts for the TexQuest School Select program with EBSCO, Encyclopaedia Britannica, Gale Cengage and Infobase. No state funds are expended for the program; schools use their funds to subscribe to products at prices negotiated by TSLAC staff. Commissioner Tocker moved to approve and Commissioner Mann seconded. Motion passed unanimously.
     
  9. Review and approve proposed contract approval procedures.

    Sarah Swanson presented contract approval procedures designed to streamline agency contract approval and renewals by delegating certain contract approvals to the Director and Librarian. After discussion, Commissioner Mann moved to table this agenda item and Commissioner Garza seconded. Motion passed unanimously.

    At this point in the meeting, Chairman Wong recessed the meeting for a break at 10:16 a.m. and reconvened the meeting at 10:30 a.m. taking up agenda item 14.
  1. Review and approve University of Houston request to site a research station at the Sam Houston Center.

    Jelain Chubb requested authorization to enter into a Memorandum of Understanding with the University of Houston to establish a research site in the south field at the Sam Houston Regional Library and Research Center in Liberty to conduct scientific experiments. She said the MOU would include a clear statement of the purpose, duties and obligations of both parties, and all necessary legal requirements and would be of no cost to the agency.  The university would like to use the site for 10 years and have offered site improvements. Ms. Chubb said this project is in line with the property use specified when the property was donated to the agency by the Price Daniel family. Jelain introduced Dr. James Flynn who described how the site would be used and responded to questions from the commission. Commissioner Tegeler moved to approve the request and Commissioner Mann seconded. After discussion, the motion and second were withdrawn. Commissioner Garza moved that staff be instructed to further explore the MOU with the University of Houston and to report back to the commission with the draft MOU at the April 17, 2020 meeting for a vote. Commissioner Givens seconded. Motion passed unanimously. Chairman Wong asked that the MOU include language to ensure no liability issues for the agency and Commissioner Givens asked that the MOU include credit for the agency in any university publications regarding the site.
  1. Review and approve committee assignments.

    - Chairman Wong said she would like to make the following committee assignments:

    - Audit Committee: Commissioner Givens, chair, Commissioners Tocker and Mann

    - Archives and Records Committee: Vice Chair Holt, chair, Commissioners Garza and Givens

    - Library and Talking Books Committee; Commissioner Tocker, chair, Commissioners Mann and Tegeler,

    Commissioner Mann moved to approve the committee assignments and Commissioner Tocker seconded. Motion passed unanimously.
     
  2. Report on Archives and Records Committee meeting.

    Craig Kelso reported that the Archives and Records Committee met on January 7, 2020 and approved the Texas State Retention Schedule for posting in the Texas Register in an effort to have a final version for consideration at the April 17 commission meeting.He said this would facilitate meeting a Sunset Commission deadline of April 2020 for revising the schedule. He reported that the schedule was posted on February 14 and comments were already being submitted noting that the schedule is of great interest to state agencies. Commissioner Givens complimented staff on the enormous amount of work put into amending the schedule and readying it for posting.

    Vice Chair Holt said the committee also received an update on repairs at the Sam Houston Regional Library and Research Center. Jelain Chubb said the discussion was primarily on the delays the agency is experiencing on certain projects at the Center and that Chairman Wong will discuss these with the Texas Facilities Commission. Ms. Chubb also reported on the transfer of legislative records to the Legislative Reference Library as mandated by HB 4181. She said staff are on target to complete the transfer by April as planned. Responding to a question from commissioners, Ms. Chubb said they are being transferred to the Reagan Building.

    Vice Chair Holt said the committee deferred discussion of the archives backlog to this meeting.
     
  3. Report status of pending and anticipated review or amendment of agency administrative rules.

    Sarah Swanson said she is undertaking a process to streamline the agency’s rulemaking process and provided a chart and timetable of pending and anticipated review or amendment of agency administrative rules which she will update and provide at future commission meetings. No action required.
     
  4. Report on staff efforts to address archives backlog.

    Jelain Chubb presented a written report on plans to address the backlog of unappraised and processed records and responded to questions from the commission. She also provided the status of developing a strategic plan for addressing the backlog as directed by the Sunset Commission with a deadline of September 1, 2020 to submit the plan. No action required.
     
  1. Discussion of 2020 Planning Calendar.

    Mark Smith provided a planning calendar of key dates and projects due in the months leading up to the next legislative session that include the Agency Strategic Plan and the Legislative Appropriations Request, both of which will be presented for approval at future commission meetings. He noted that the commission will be discussing the agency’s strategic direction in planning sessions after this meeting. No action required.
  2. Report of the Director and Librarian.

    Mark Smith provided a written report on agency activities and answered questions from the commission. He thanked the commission for its flexibility in meeting in the agency’s new event space which was previously a public service area for genealogy research. Converting the space into an event and meeting space met the agency’s need for this type of space, he said, as well as allowing for more efficient deployment of staff by consolidating public service areas. He also reported that the agency is on target for completing all tasks associated with Sunset Commission recommendations and compliance with those requirements and will make a full report at a later commission meeting. No action required.
     
  3. Review and approve Border Cities Grants.

    Jennifer Peters requested approval for grants to four libraries with $1.9 million provided by the 86th Legislature in the agency’s budget to provide financial assistance for construction of a municipal library or libraries serving communities in or near Edcouch, La Feria, Peñitas, La Joya, Harlingen, and Sullivan City” and to cover related administrative costs.  Because existing statute prohibits TSLAC from funding construction, Ms. Peters said staff created a grant program to fund activities that lead to the construction of a library facility or expansion or creation of library services to currently unserved or underserved areas. She requested approval to fund the following grant projects:

    City of Edcouch — City of Edcouch Library Project, $400,000 to purchase needed equipment, furniture, supplies and services for opening of the first library within Edcouch city limits.

    Harlingen Public Library — Remote Self-Service Kiosk, $400,000 to expand current library resources throughout the community by opening a self-service library kiosk.

    City of Peñitas Library — Peñitas E-mobile Library Project, $400,000 to purchase a 38’ mobile unit equipped to provide library services to rural parts of its community and mobile library services at community events around the Rio Grande Valley

    City of Sullivan City — Sullivan City New Library, $400,000 to purchase needed equipment, furniture, supplies and services for opening of the first library in Sullivan City.

    Vice Chair Holt moved to approve the grants and Commissioner Mann seconded. Motion passed unanimously.
     
  4. Review and approve Family Place Grants.

    Jennifer Peters requested approval to provide funding for eight libraries to participate in the Family Place Grants program which provides federal funds for library staff to attend training for the program and receive program supplies, $12,000 and $6,000 respectively per library. The libraries selected for funding are the Howard County Library in Big Spring, Marathon Public Library, Riter C. Hulsey Public Library in Terrell, Hughes Springs Area Public Library, New Braunfels Public Library, Jennie Trent Dew Library in Goldthwaite, Real County Public Library in Leakey, and the Cameron-J Jarvis Troup Municipal Library in Smith County. She said this brings the total number of libraries participating in the program to 87. Commissioner Tocker moved to approve the request and Commissioner Givens seconded. Motion passed unanimously.
     
  5. Authorization to post in the Texas Register adoption of amendments to 13 TAC 2.111, General Selection Criteria; 13 TAC 2.117, Grant Review and Award Process; and 13 TAC 2.118, Decision Making Process.

    Jennifer Peters requested adoption of amendments to 13 TAC 2.111, General Selection Criteria, 13 TAC 2.117, Grant Review and Award Process and 13 TAC 2.118, Decision Making Process. Ms. Peters said these rule amendments are in response to Sunset Commission recommendations and no comments were received on the amendments. Vice Chair Holt moved to approve the adoption and Commissioner Mann seconded. Motion passed unanimously.
     
  6. Authorization to post in the Texas Register a proposed review of 13 TAC Chapter 4, School Library Programs.

    Jennifer Peters requested approval to post a proposed review of 13 TAC Chapter 4, School Library Programs. Commissioner Mann moved to approve and Commissioner Tegeler seconded. Motion passed unanimously.
     
  7. Authorization to post in the Texas Register a proposed review of 13 TAC Chapter 8, TexShare Library Consortium.

    Jennifer Peters requested authorization to post in the Texas Register a proposed review of 13 TAC Chapter 8, TexShare Library Consortium. Commissioner Tocker moved to approve the request and Commissioner Mann seconded. Motion passed unanimously.
     
  8. Authorization to post in the Texas Register adoption of new 13 TAC 2.76, Enhanced Contract Monitoring.

    Sarah Swanson requested authorization to post in the Texas Register adoption of new 13 TAC 2.76, Enhanced Contract Monitoring which were posted for review with no comments received. Commissioner Mann moved to approve and Commissioner Tegeler seconded. Motion passed unanimously.

    Chairman Wong recessed the meeting for lunch at 12:00 p.m. and called it back to order at 12:32 p.m.
     
  9. Authorization to post in the Texas Register adoption of amendments to 13 TAC 2.51, Public Record Fees.

    Jelain Chubb requested authorization to post in the Texas Register adoption of amendments to 13 TAC 2.51, Public Record Fees, noting that the amendments had been posted with no comments received during the comment period. Ms. Chubb noted that the amendments implement a Sunset Commission recommendation directing TSLAC to adopt a fee schedule for PIA requests.  Commissioner Mann moved to approve the authorization and Commissioner Garza seconded. Motion passed unanimously.
     
  10. Authorization to post in the Texas Register adoption of proposed amendments to 13 TAC 7.125(a)(10), Local Schedule EL: Records of Elections and Voter Registration.

    Craig Kelso requested authorization to post in the Texas Register the adoption of proposed amendments to 13 TAC 7.125(a)(10), Location Schedule EL, Records of Elections and Voter Registration noting that the schedule had been posted with no comments received during the comment period. Commissioner Givens moved to approve the authorization and Commissioner Tocker seconded. Motion passed unanimously.
     
  11. Authorization to post in the Texas Register proposed amendments, new rules and repeals to 13 TAC Chapter 2.

    Sarah Swanson requested authorization to proposed amendments, new rules and repeals to 13 TAC Chapter 2 in the Texas Register for public comment. She said the amendments, new rules and repeals comply with Sunset Commission recommendations. Commissioner Mann moved to approve the request and Commissioner Tegeler seconded. Motion passed unanimously.
     
  12. Future commission meeting dates.

    Mark Smith noted that the commission has upcoming meeting dates on April 17 and June 5 and had tentatively set August 3 for a meeting and asked to ensure that the commission can meet on that date. He also requested setting a fall meeting and place. After discussion, the commission agreed to add August 3 and November 9 to their meeting schedule. Both meetings will be held in Austin.
     
  13. Report on agency expenditures summary.

    Donna Osborne provided a written report on agency expenditures and responded to questions regarding the report. No action required.

    There being no further business, Commissioner Mann moved to adjourn the meeting and Commissioner Tocker seconded. Motion passed unanimously. Chairman Wong adjourned the meeting at 1:18 p.m.
Page last modified: April 22, 2020