Texas State Library and Archives Commission Meeting
Minutes

April 12, 2024, 8:30 a.m.

The Texas State Library and Archives Commission (TSLAC) met in person and by videoconference on Friday, April 12, 2024, 8:30 a.m. The in-person meeting was held at the Lorenzo de Zavala State Archives and Library Building, 1201 Brazos Street, Austin, Texas.

1. Welcome and Introductions
   
   Chair Martha Wong called the meeting to order on April 12, 2024, at 8:31 a.m. and stated that the agenda was posted with the Secretary of State on April 3, 2024.

2. Roll Call for Members and Establishment of a Quorum
   
   Chair Wong took a roll call of commission members and established that a quorum was present. Chair Wong and Commissioners Arthur Mann, Darryl Tocker, and Nancy Paup were in attendance. Commissioners David Iglesias and Bradley Tegeler were not able to attend. David Garza was not yet online.

5. Resolution in Recognition of Texas Department of Public Safety
   
   Chair Wong recognized and thanked the Texas State Troopers assigned to the Capitol Area Strike Team from Texas Highway Patrol District 7A, and their partners from the 7A Detail, for the safe transportation of the Travis Letter from the Lorenzo de Zavala State Archives and Library Building to the Alamo and back.

3. Approval of Minutes of the February 8, 2024, and February 9, 2024, Commission Meetings
   
   Commissioner Tocker moved to accept the commission meeting minutes for February 8, 2024, and February 9, 2024. Commissioner Mann seconded the motion. All commissioners present voted in favor, and the minutes were approved.

4. Public Comment
   
   No public comments were received.

BRIEFINGS AND ACTION ITEMS

6. Acceptance of a Gift of $500 or Greater
   
   Sarah Swanson reported that the agency received a gift in the amount of $6,750 from the estate of Dorothy Lee Pope. The amount is to be allocated to the restoration and preservation of old maps of early Texas to add to the map collection as well as restoration of other records to be used research on early Texas.
   
   Ms. Swanson asked that the commissioners acknowledge the acceptance of the gift by vote, and she would then forward the commission’s acceptance back to the firm handling the distribution of the gift.
   
   Commissioner Tocker moved to approve the acceptance of the gift. Commissioner Paup seconded the motion. The motion carried unanimously.

7. Contracts
   
   Sarah Karnes reported that, in August of 2022, the agency entered into contracts with multiple vendors as a result of a solicitation for electronic resources for the TexShare and TexQuest programs. These resources include aggregations of full access to periodical content, ebooks, images, streaming media, reference materials, and interactive resources.
   
   The TexShare databases program serves public and private institutions of higher education, public libraries, and libraries of clinical medicine. The TexQuest program serves public K-12 school districts and open enrollment charter schools. The programs are optional and eligible institutions whose local governing authorities decide to participate must submit a participation agreement and pay an annual membership fee.
   
   Ms. Karnes noted that each contract under this agenda item has been reviewed by agency contract managers. She also noted that purchase of the resources for the TexQuest program provide an overall cost avoidance of about $240 million and purchase of the resources for the TexShare program provide an overall cost avoidance of about $120 million.
   
   a. Renewal of TexQuest Contract with Encyclopaedia Britannica
   
   Ms. Karnes reported that the agency is seeking approval to renew the TexQuest contract with Encyclopaedia Britannica in an amount not to exceed $1,090,000. This renewal would be the second of four optional renewals. The term of this renewal is June 1, 2024 – May 31, 2025, and includes access to e-resources Britannica School, Britannica Moderna, and Escolar.
   
   The contract includes content for early elementary, elementary, middle, and high school levels in addition to similar Spanish content.
   Responding to a question posed by Commissioner Tocker on the usage statistics, Ms. Karnes noted that usage of TexQuest resources is often cyclical and tied to the school year.
   
   Commissioner Mann moved to approve renewal of the TexQuest contract with Encyclopaedia Britannica. Commissioner Paup seconded the motion. The motion carried unanimously.
   
   b. Renewal of TexQuest Contract with Infobase Holdings, Inc.
   
   Ms. Karnes reported that the agency is seeking approval to renew the TexQuest contract with Infobase Holding, Inc. in an amount not to exceed $571,957.35. This would be the second of four optional renewals. The term of this renewal is June 1, 2024 – May 31, 2025, and includes access to e-resource Learn360.
   
   The product the agency receives from Infobase Holdings, Inc. is a multidisciplinary resource with content aligned with the Texas Essential Knowledge and Skill (TEKS) curriculum standards, available at the elementary, middle, and high school levels.
   
   Commissioner Tocker moved to approve the renewal of the TexQuest contract with Infobase Holding, Inc. Commissioner Mann seconded the motion. The motion carried unanimously.
   
   c. Renewal of TexShare/TexQuest Contract with EBSCO Information Services, LLC.
   
   Ms. Karnes reported that the agency is seeking approval to renew the TexQuest contract with EBSCO Information Services, LLC. in an amount not to exceed $1,118,737. This would be the second of four optional renewals. The term of this renewal is June 1, 2024 – May 31, 2025, and includes LearningExpress, Job and Career Accelorator, PrepSTEP, and access fees for TSLAC-owned resources Life Magazine Archive and Time Magazine Archive.
   
   The products from EBSCO include content that meets the needs of high school, college, and adult learners and include test preparation, job and career resources, and basic workforce skills training.
   
   Commissioner Paup moved to approve the renewal of the TexQuest contract with EBSCO Information Services, LLC. Commissioner Tocker seconded the motion. The motion carried unanimously.
   
   d. Amendment and Renewal of TexShare/TexQuest Contract with TeachingBooks.net, LLC.
   
   Ms. Karnes reported that the agency is seeking approval to renew the TexShare/TexQuest contract with TeachingBooks.net, LLC., not to exceed $760,176. This would be the second of four optional renewals. The term of this renewal is June 1, 2024 – May 31, 2025, and includes access to e-resources TeachingBooks / Teaching Books for Libraries: Core Package (both TexSare and TexQuest) and TeachingBooks: Collection Analysis Initiative (TexQuest only).
   
   The contract with TeachingBooks.net. LLC. offers multidisciplinary resources that enrich the reading of children’s and young adult books, fiction and nonfiction, pre-kindergarten through 12th grade. These resources include author interviews, teacher and reader guides, collection development tools, and publisher-provided book trailers and supplements.
   
   The agency also seeks to amend the contract for the next term to purchase a new tool that allows school and library personnel to routinely examine and document the children’s and young adult books in their collections.
   
   Ms. Karnes clarified that the collection development tool is designed for school libraries and explained that new school collection development standards require certain evaluations on the books in school library collections. This resource would provide access to research and evaluation tools to support local analysis and evaluation by librarians, educators, and parents.
   
   Commissioner Mann moved to approve the renewal of the TexShare/TexQuest contract with TeachingBooks.net, LLC. Commissioner Paup seconded the motion. The motion carried unanimously.
   
   e. Renewal of TexShare Hosting Contract with ProQuest, LLC.
   
   Ms. Karnes reported that the agency is seeking approval to renew the TexShare contract with ProQuest, LLC. for ongoing access fees for three electronic resources owned by TSLAC and hosted by ProQuest, not to exceed $29,449. The term of this renewal is October 1, 2024 – September 30, 2025, and includes access to ProQuest Sanborn Maps, 20th Century American Poetry, and 20th Century English Poetry.
   Commissioner Tocker moved to approve the renewal of the TexShare contract with ProQuest, LLC. Commissioner Mann seconded the motion. The motion carried unanimously.
   
   f. Renewal of TexShare/TexQuest Contract with ProQuest, LLC.
   
   Ms. Karnes reported that the agency is seeking approval to renew the TexShare/TexQuest contract with Proquest, LLC. in an amount not to exceed $3,871,980. This would be the second of four optional renewals. The term of this renewal is June 1, 2024 – May 31, 2025.
   
   This contract includes ProQuest SIRS Discoverer (TexQuest); ProQuest genealogy package, including HeritageQuest Online, Fold3, and African-American Heritage (TexShare); ProQuest SciTech Premium, including GeoRef and the Military Database (TexShare); ProQuest Ebook Central: Academic Complete Collection (TexShare Academic and Medical libraries); ProQuest Health Package, including the Health Research Premium Collection and the Behavioral and Mental Health Online (TexShare Academic and Medical libraries); ProQuest Academic Video Online (TexShare Academic and Medical libraries); and annual hosting fees for resources owned by TSLAC, including Austin American-Statesman historical newspaper, El Paso Herald Post historical newspaper, El Paso Times historical newspaper, Newsweek Archive (TexShare and TexQuest).
   
   Commissioner Tocker moved to approve the renewal of the TexShare/TexQuest contract with Proquest, LLC. Commissioner Paup seconded the motion. The motion carried unanimously.
   
   g. Renewal of TexShare/TexQuest Hosting Contract with Gale/Cengage Learning.
   
   Ms. Karnes reported that the agency is seeking approval to renew the TexShare/TexQuest contract with Cengage Learning for access fees for e-resources mostly owned by TSLAC in an amount not to exceed $5,995. This would be the second of four optional renewals. The term of this renewal is October 1, 2024 – September 30, 2025, and includes access to e-resources Gale eBooks, four e-book collections, and the National Geographic Magazine Archive.
   
   Commissioner Tocker moved to approve the renewal of the TexShare/TexQuest contract with Cengage Learning. Commissioner Mann seconded the motion. The motion carried unanimously.
   
   Commissioner Garza joined the meeting at 9:06 a.m.
   
   h. Renewal of TexShare/TexQuest Contract with Gale/Cengage Learning.
   
   Ms. Karnes reported that the agency is seeking approval to renew the TexShare/TexQuest contract with Gale/Cengage Learning for e-resources, not to exceed $7,636,150. This would be the first of four optional renewals. The term of this renewal would be June 1, 2024 – May 31, 2025, and includes access to e-resources Gale Platinum Package A (TexShare), Gale Gold Package A (TexQuest), and Udemy (TexShare public libraries).
   
   The contract includes resources for public libraries, homeschool students, and adult researchers as well as resources for kindergarten through 12th grade that enrich school curriculum and support TEKS. It also provides access to Udemy, a resource for public libraries only, which offers patrons of participating libraries content and courses related to business technology, software, and other career-oriented topics.
   
   Commissioner Tocker moved to approve the renewal of the TexShare/TexQuest contract with Gale/Cengage Learning. Commissioner Paup seconded the motion. The motion carried unanimously.
   
   i. Amendments to Contracts for Repairs to Buildings at the Sam Houston Center Texas Facilities Commission
   
   Jelain Chubb reported that the agency is seeking approval authorizing amendments to two contracts with Texas Facilities Commission (TFC) for safety and repair work to buildings at the Sam Houston Regional Library and Regional Center (SHC) in Liberty, Texas.
   
   One contract (TFC Contract 21-082) is to repair the main building’s columns, abate asbestos, and install flooring and cabinetry. Ms. Chubb noted that the asbestos abatement, flooring and cabinets are completed, and the columns are currently onsite pending installation.
   
   The other contract (TFC Contract 21-086) includes repair/replacement of areas of rotting wood at the Daniel Home; replace the back steps of the Gillard-Duncan House with a porch to be compliant with the Americans with Disabilities Act (ADA), and other cosmetic changes to the property.
   
   Both contracts would be extended to December 31, 2024, and the total amount for TFC Contract 21-086 would be increased to a not-to-exceed amount of $1,275,003.
   
   This led to a discussion of the original contract and needed repairs. The commissioners then discussed how to promote SHC to garner interest and visitors. Commissioners noted repairs are needed to make the buildings safe to enter and more attractive to visit. Staff noted that TSLAC has scheduled events and programs at the location as well as reached out to similar groups in historical preservation for advice and best practices, and the commissioners suggested potential partners to contact to build programs.
   
   The costs associated with the repairs in the contracted amendments are to be funded with existing appropriations.
   
   Commissioner Mann moved to approve the amendments to both contracts. Commissioner Tocker seconded the motion. The motion carried unanimously.

8. Status of Cleveland-Partlow House in Liberty, Texas
   
   Ms. Chubb presented a status update on the Cleveland-Partlow House in Liberty, Texas. She reminded everyone that, during Commission Meeting held February 9, the Atascosito Historical Society (AHS) asked the commissioners to permit a task force to be formed to serve in a management role for the Cleveland-Partlow House and Price Daniel Meeting Room. In response, the commissioners asked TSLAC staff to develop a framework for what this agreement might look like.
   
   Ms. Chubb also noted that staff met with potential stakeholders to find what interest or support may be available for long-term planning, noting that the cities of Liberty and Dayton have shown joint interest but, at this time, cannot commit to any agreements. The agency’s goal is to transfer the property to a long-term steward able to provide local jurisdiction support and maintenance.
   
   This led to a brief discussion of potential partnerships that would have interest in helping to support the property. TSLAC would still be in a position of oversight of the property unless and until legislative action changed ownership of the property. Staff reminded the commission that the AHS had noted it had $250,000 for repair of the Cleveland-Partlow House’s interior.
   
   After further discussion, it was determined that an updated estimate of the property’s renovation, outline of responsibilities and specificity on AHS’s ability to undertake the work, identification of members of its proposed taskforce and their biographies, and commitment of an outside partner for support are still needed before proceeding.
   
   Commissioner Mann moved to forward the draft agreement for discussion with AHS for further potential terms to address in this agreement, including members of the taskforce and potential additional partners. The commission may then further consider the proposal at its next meeting. Commissioner Paup seconded the motion. The motion passed unanimously.

9. Approval of FY 2025 Fee Schedules for State Records Storage and Imaging
   
   Craig Kelso reported that the agency is seeking approval of FY2025 fee schedules related to records storage and imaging services, as authorized by Government Code, which includes three separate schedules: Records Storage Fees, Microfilm Imaging Service Fees, and Digital Imaging Service Fees. By the agency’s commission rules, the state records administrator shall present a schedule of proposed fees to the commission by July 31 of each year. Mr. Kelso noted that he is bringing the fee schedules early to the commissioners to allow the agency’s customers time to develop their budgets for the next fiscal year accordingly and the agency to send out contract renewals in a timely manner. He then briefly explained how the cost of the fee schedules is determined each fiscal year.
   
   The fees are intended to cover all costs of providing the specified services to other state agencies and local governments during that fiscal year. Mr. Kelso noted that, due to increase in many of the agency’s operating costs, several fees would need to increase for the next fiscal year.
   
   Commissioner Tocker moved to approve the FY 2025 fee schedules related to records storage and imaging services. Commissioner Paup seconded the motion. The motion carried unanimously.
   
   Responding to a question posed by Chair Wong, Mr. Kelso gave an update on the foundation issues of the State Records Center facility. He noted that the Texas Facilities Commission has taken core samples and made suggestions. The building is currently stable, and the agency is focusing on addressing any safety issues that may come up, with the goal of moving out of the building once the move to the new facility is complete.
   
   The commission then took a brief intermission at 10:10 a.m., and Chair Wong called the open meeting back to order at 10:21 a.m.

10. Approval of Agency Strategic Plan, 2025 – 2029
    
    Ms. Meraz noted that commissioners met with staff and a representative from Tharseo Group in February to discuss the agency’s strategic plan covering 2025 – 2029 and to frame priorities and goals. The commission provided guidance to staff, who then developed a draft based on that commission direction and sent an early draft to the commission for review and guidance. Staff took that feedback to complete a draft of the goals and action items, objectives, and other guiding language.
    
    All state agencies are required to send a biennial strategic plan covering five years, and this plan is updated every two years. This allows the agency to revisit its goals and approach to ensure it stays in line with the commissioners’ expectations and in accordance with state goals.
    
    Ms. Meraz noted that the current draft is nearly complete with the exception of several reports included as a standard part of the strategic plan. The reports were highlighted in the draft document. Staff will forward the completed reports to the commission.
    
    Ms. Meraz then gave a brief overview of the strategic plan, noting that the agency has four general pillars of operation that speak to the agency’s overall benefit to the state. The four pillars are education, economic opportunity, open government, and community engagement. The agency has also identified goals in historic preservation and building better efficiencies. Additionally, the agency plans to increase access to the electronic resources of TSLAC, increase awareness of TSLAC’s services, build a more user-friendly website, and develop additional training programs, particularly those geared for local communities.
    
    Commissioner Mann moved to approve TSLAC’s agency strategic plan for 2025 – 2029. Commissioner Tocker seconded the motion. The motion passed unanimously.

RULES -- PROPOSALS

11. 13 TAC Chapter 2, General Policies and Procedures
    
    Sarah Swanson reported that the agency proposes amendments to 13 TAC §2.51, Public Record Fees, and §2.52, Customer Service Policies, both of which relate to state archives services.
    
    She noted that the proposed amendments for §2.51 are largely improvements to the language, cleanup, and clarification, with no major substantive changes, and deletion of language that is not necessary.
    
    The proposed amendments for §2.52 would improve the language as well as change the name of the rule to Patron Registration and Customer Service, which more accurately reflects the scope of the rule. A substantive change clarifies what can and cannot be brought into the archives room. Additionally, how to appeal suspension of privileges of the archives room services is clarified.
    
    Ms. Swanson forwarded these proposed changes to the Office of the Governor and received approval to move forward. The agency now seeks approval from the commissioners to publish the proposed amendments to 13 TAC §2.51 and §2.52 for publication to the Texas Register for the purpose of receiving public comment.
    
    Commissioner Tocker moved to approve the amendments to 13 TAC §2.51, Public Record Fees, and §2.52, Customer Service Policies. Commissioner Paup seconded the motion. The motion carried unanimously.

12. 13 TAC Chapter 10, Archives and Historical Resources
    
    Ms. Swanson requested the commissioner’s approval of the proposed amendments to 13 TAC §10.2, Public Access to Archival State Records and Other Historical Resources, which is in a chapter that is more narrowly reserved for roles related to the agency’s archives and historical resources. These proposed amendments would update and clarify language of the rules and add a reference to §2.52.
    
    Ms. Swanson forwarded these proposed changes to the Office of the Governor and received approval to move forward. The agency now seeks approval from the commissioners to publish the proposed amendments to 13 TAC §10.2 for publication to the Texas Register for the purpose of receiving public comment.
    
    Commissioner Tocker moved to approve the amendments to 13 TAC §10.2, Public Access to Archival State Records and Other Historical Resources. Commissioner Paup seconded the motion. The motion carried by all commissioners present.

RULES--ADOPTIONS

13. 13 TAC Chapter 6, State Records
    
    Ms. Swanson requested the commissioner’s approval of the proposed adoption of amendments to 13 TAC §6.10, Texas State Records Retention Schedules. The commission approved the publication of the proposed amendments for public comment during the last Commission Meeting held February 9. The proposed amendments were published in the March 1 issue of the Texas Register for a 30-day public comment period. The agency did not receive any public comments on the proposed amendments. Ms. Swanson noted that if these amendments are adopted by the commissioners today, they would take effect 20 days after filing with the Texas Register.
    
    Commissioner Tocker moved to approve the adoption of amendments to 13 TAC §6.10, Texas State Records Retention Schedules. Commissioner Garza seconded the motion. The motion carried unanimously.

RULE REVIEWS

14. Notice of Intent to Review 13 TAC Chapter 4, School Library Programs
    
    In keeping with cyclical deadlines for rule reviews, Ms. Swanson requested the commissioners’ approval to publish a notice of intent to review 13 TAC Chapter 4, School Library Programs. If the commissioners approve, the notice of intent will be published in the Texas Register for a 30-day period for the purpose of receiving public comment, after which the commission will readopt, readopt with amendments, or repeal.
    
    Commissioner Mann moved to approve publishing the notice of intent to review 13 TAC Chapter 4, School Library Programs. Tocker seconded the motion. The motion carried unanimously.

15. Notice of Intent to Review 13 TAC Chapter 8, TexShare Library Consortium
    
    Ms. Swanson requested the commission’s approval to publish a notice of intent to review Chapter 8, TexShare Library Consortium. If the commissioners approve, the notice of intent will be published in the Texas Register for a 30-day period for the purpose of receiving public comment, after which the commission will readopt, readopt with amendments, or repeal.
    
    Commissioner Paup moved to approve publishing the notice of intent to review Chapter 8, TexShare Library Consortium. Tocker seconded the motion. The motion carried unanimously.

REPORTS

16. Report of the Director and Librarian
    
    Ms. Meraz reported on highlights from the director’s report shared with the commissioners.
    
    TSLAC has been working with the Texas Facilities Commission (TFC) on construction of a new storage facility for records and archives. TFC is currently working towards groundbreaking by the start of the next legislative session in January 2025. TFC has contracted with a construction firm, Broaddus Planning Group, to help TSLAC predesign the new facility. Broaddus has met with key staff, sent surveys to the agency to gather information on operations, services, programs, and needs; toured current facilities; and shown mindfulness in creating an updated space that lends itself to updated efficiencies, technologies, and good practices. The new facility will be used for the Talking Book Program, State and Local Records Management, and Archives and Information Services divisions. Ms. Meraz reported that the agency currently plans to request anticipated costs relating to the operating of the new facility, including increased travel and equipment and furniture, as part of the Legislative Appropriations Request (LAR). Broaddus will have its report on program space needs and workflow preferences completed by early June 2024. TFC is currently in the bidding process for an architect.
    
    This led to a discussion of the needs and planned usage of the new facility and how it helps mitigate the overflow of archives in the existing TSLAC locations.
    
    Ms. Meraz then noted that TSLAC has been working with partner groups to begin discussion of planning for the future of the Sam Houston Center (SHC). The first meeting took place in February 2024, and additional conversations are planned. Appropriations from the Legislature have allowed the agency to address some issues with the historic buildings located on the grounds of SHC, and Ms. Meraz noted the agency’s priority in finding opportunity to work with TFC to address any ADA/use issues with the Research Center and Daniel Home, and to further improve the historic houses with any remaining funding.
    
    Ms. Meraz then reported that the agency is preparing its draft of exceptional items for its LAR for FY2026, based on the strategic plan being worked on and discussions with the commissioners. Of note, Ms. Meraz emphasized a priority of supporting broadband development activities for public libraries. Additionally, Ms. Meraz stressed the importance of the recruitment and retention of staff. During the last Legislative Session, the legislature approved salary increases of 50% of what the agency had initially requested. While this has been helpful, the agency struggles to hire new staff with issues relating to qualification of applicants or competitive salaries elsewhere. Ms. Meraz noted that she would ask the commissioners to consider a request for staff salary increases for the additional 50% requested last session. The agency is also looking at other ideas to fill in needed positions, including a means to train and prepare staff for higher positions.
    
    The agency also intends to request funds relating to engagement and strengthening TSLAC’s public presence, which includes website support and user friendliness, digital resource access, and the ability to also provide stakeholders with resources.
    
    Two new positions the agency hopes to create include an educational specialist and an assistant general counsel.
    
    Responding to questions from the commissioners, Ms. Meraz noted that the legislature approved an across-the-board increase in salary for state employees in addition to the request TSLAC sent for the agency. TSLAC wants to target increased salaries towards the harder-to-recruit positions as well as the lowest wage earners. She noted that, compared to other state agencies, the agency was 25% lower in average salary income as of the last legislative session and estimate the agency is at about 20% now.
    
    Chair Wong asked the commissioners to work with their representatives and senators to alert them about the agency’s condition as well as attend events such as the groundbreaking of the new facilities.

EXECUTIVE SESSION

17. Executive Session
    
    The commission went into executive session under the exceptions related to consultation with attorney at 11:13 a.m., and Chair Wong called the open meeting back to order at 12:00 p.m.
    
    Chair Wong reported that there were no action items resulting from the executive session.

CLOSING ITEMS

18. Financial Report
    
    Donna Osborne reported on the agency’s financials as of March 31, 2024.

19. Exhibit: Extra! Extra! Eyes on the World of Texas
    
    Ms. Chubb reported that TSLAC opened its new exhibit, Extra! Extra! Eyes on the World of Texas, in February at the Lorenzo de Zavala State Archives and Library Building lobby. The exhibit showcases items from the archives to tell the story of when events in Texas made national and international news, including the Galveston hurricane disaster in 1900, the Appollo 13 mission of “Houston, we have a problem” fame, and the New London school explosion, among others.
    
    TSLAC shared a brief informative video created by the agency that is being shown as part of the exhibit.

20. Adjournment

    Commissioner Mann moved to adjourn commission meeting, and the motion was seconded by Commissioner Tocker. The motion carried. The meeting adjourned at 12:16 p.m.