Texas State Library and Archives Commission Meeting
Minutes
August 2, 2024, 9:00 a.m.
 

The Texas State Library and Archives Commission (TSLAC) met in person on Friday, August 02, 2024, 9:00 a.m. 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 August 2, 2024, at 9:02 a.m. She stated that the agenda was posted with the Secretary of State on July 24, 2024, and that the notice indicated the meeting would be conducted via videoconference and provided a phone number and web link for the public to use to access the meeting.

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. Commissioners Darryl Tocker, Bradley Tegeler, David Iglesias, David Garza, Arthur Mann, and Chair Wong were in attendance.  Commissioner Nancy Paup was unable to attend.

3.    Special Recognition of TSLAC Staff

Chair Wong gave special recognition to TSLAC Staff.  She first congratulated Stephen Miles Lewis on his retirement and commended his exceptional service to the Talking Book Program (TBP). Mr. Lewis was invited to speak, and he emphasized the importance of the agency and TBP.

She then then gave special recognition to Linda Buie and thanked her for 50 years of employment as a Reader Consultant in TBP.

4.    Excuse Absences of One or More Commissioners

Government Code, §441.001(i)(5) provides a ground for removal from the Commission if a member is absent from more than half of the regularly scheduled meetings that the member is eligible to attend during a calendar year without an excuse approved by majority vote of the Commission.

Sarah Swanson requested that the Commission consider excusing two absences of Commissioner Garza, which would include the meetings held February 8th and 9th due to a work conflict and June 7th due to illness.  

Commissioner Mann moved to excuse the absences.  Commissioner Tegeler seconded the motion.  Chair Wong and Commissioners Tocker, Tegeler, Iglesias, and Mann voted in favor.  Commissioner Garza abstained from voting.  The motion carried.

5.    Approval of Minutes of June 07, 2024, Commission Meeting

Ms. Swanson recommended a correction to the minutes of the June 7, 2024, Commission Meeting under Item 5c to provide clarity on the motion to vote on the recommendation for grant funding to read, “Commissioner Tegeler asked whether making a motion indicates approval of the item. Ms. Swanson responded that making a motion only sets up the item for discussion and vote, and that if it did not receive a second it would not be considered. Commissioner Tegeler moved to approve the recommendation for the funding for the Austin Public Library to set the item for discussion and not to indicate support for the item. The motion did not receive a second and there was no further discussion or vote.”  

Commissioner Tocker moved to approve the minutes with the recommended correction.  Commissioner Iglesias seconded the motion. The motion carried unanimously.

Commissioner Tocker thanked the Brenham community for hosting the TSLAC Commission meeting in June.

6.    Public Comment

Ms. Swanson noted that Jean Murph, a representative from the Atascosito Historical Society, had arrived to talk about the Cleveland-Partlow House in Liberty, and she recommended that she speak with the Commission when Item 14 came up for discussion instead of at this time.  

No other public comment was received.

7.    Acceptance of Gifts of $500 or Greater

Jaclyn Owusu noted that TBP received two gifts of $500 each.  The first was received from Jamie Thomason in honor of her late father, James McCarthy, who was a patron of the program.  The second was received from Charles and June Benton.  Mr. Benton has been a patron since 2016.

Ms. Swanson added that TBP received a third gift of $500 from Patricia Skoff, noting that it was received too late to be added to the agenda, but as it must be accepted within 90 days of receipt, could not wait until the next Commission Meeting scheduled in November.  She recommended that the commissioners acknowledge acceptance of this gift today, and the agency would hold the check and include the gift again for the November meeting to ratify. Ms. Owusu noted that Ms. Skoff has been a patron of TBP since 2000.

Commissioner Tegeler moved to acknowledge acceptance of all three gifts. Commissioner Mann 
seconded the motion.  The motion carried unanimously.

Responding to a question posed by Commissioner Garza, Gloria Meraz explained that if a gift to the agency is specified for part of the agency, the gift goes to where it has been specified. The agency does not solicit for donations, although it receives support from a nonprofit foundation that promotes TSLAC and accepts donations.  Commissioner Garza asked that the agency compile a list of donations to the agency from the past year to provide to the commissioners.

8.    FY 2025 TSLAC Contract Plan

Ms. Swanson reminded everyone that under 13 TAC §2.77, Contract Approval Authority and Responsibilities, the Commission approves all contracts with a total contract value, including the initial contract cost plus all possible renewals and extensions, equaling or exceeding $1 million.  The Commission also approves all contracts related to the TexShare Library Consortium, regardless of overall contract value, and any other contract deemed appropriate for Commission approval as determined by the Director and Librarian in consultation with the Chair. Additionally, the agency presents to the Commission each August a plan for all contracts for the upcoming fiscal year with a total value of at least $500,000 or more, and the Director and Librarian presents updates to this plan throughout the year.

Ms. Swanson then presented the contract plan for FY 2025, noting that the total contract costs are estimates.  

This item was for information purposes only.

9.    Review and Approval of Contracts, renewals

a.     New Contract with Courier Service for Statewide Interlibrary Loan Program

Ms. Karnes requested approval of a contract with Amigos Library Service, not to exceed $324,997 from September 1, 2024, to August 31, 2025. This contract would provide TExpress statewide courier services to Texas libraries. If approved, this would be the first year of the contract and include four one-year optional renewals.

TExpress is an optional courier service that provides pickup and delivery of interlibrary loans and other library materials between participating libraries. It also includes branded shipping materials, webinars and trainings to inform participants on how to use the service, reimbursement of materials lost or damaged during transit, and delivery to other consortium in other states.  Currently, 212 Texas libraries are subscribed to the service.

Responding to a question posed by Commissioner Tegeler, Ms. Karnes gave a brief explanation of how the courier service works and how it facilitates interlibrary loans for participating libraries. Libraries can choose different levels of services and, depending on the level, turnaround time is usually 10-12 days.  Through the contract, TSLAC would cover about 30% of the cost for libraries to use this service.

Commissioner Tocker moved to approve the contract. Commissioner Tegeler seconded the motion.  The motion carried unanimously.
 
b.     Contract Renewal with Education Service Center 20

Ms. Karnes requested approval of a contract renewal with Education Service Center (ESC) Region 20 for technical administration and support of the TexQuest Program, for an amount not to exceed $563,735.87 from September 1, 2024, to August 21, 2025.

Ms. Karnes noted that TSLAC received funding in the 2013 legislative session to provide Texas K-12 public school libraries with statewide access to TexQuest.  ESC 20 provides the technical support, promotion, and training for participating districts and charter schools, which serves 92.9% of all Texas public school students. For FY 2025, services include continued technical and program support designed to assist participating schools with curating electronic resources provided by TSLAC to meet local requirements.

The agency entered a competitive bid process in January 2020 and awarded a one-year contract with up to four subsequent one-year renewals. If this contract renewal is approved, this would be the fourth and final contract renewal term. The agency will be preparing a solicitation for a new contract this fiscal year to be implemented at the beginning of FY 2026.

Commissioner Mann moved to approve the contract renewal with ESC 20.  Commissioner Garza seconded the motion. The motion carried unanimously.

d.     New Contract with OCLC WorldShare

Ms. Karnes requested approval for a new contract for a subscription to OCLC’s WorldShare interlibrary loan service to allow Texas libraries to borrow and lend materials from institutions outside of Texas, for a cost not to exceed $361,551.43, from September 1, 2024, to August 31, 2025.

Through this contract, participating Texas libraries are able to use the WorldShare interlibrary loan broker account, which allows requests for material unavailable in Texas libraries to go out nationwide for fulfillment through a consortial resource sharing program, SHAREit. 
    
Commissioner Tocker moved to approve the contract.  Commissioner Mann seconded the motion.  The motion carried unanimously.

c.     New Contract with OCLC FirstSearch Database

Ms. Karnes requested approval of new contract for OCLC’s FirstSearch and Worldcat Discovery, not to exceed $617,486, from September 1, 2024, to August 31, 2025. The service offered in the contract is a subscription to cataloging software that would be available to academic libraries. If approved, this would be the first year of the contract and include two one-year optional renewals.

Responding to a question from Chair Wong, Ms. Karnes noted that the agency would bring the contract back to the commissioners for approval for renewal within an allowable percentage cost increase year to year.  Ms. Karnes added that the agency has contracted OCLC’s FirstSearch and Worldcat Discovery for about 20 years, and it was formerly part of a bundled purchase that has since been separated out.

This led to a brief discussion on how the service is used by academic libraries.  Commissioner Garza asked that the agency provide statistics parsing out specific use of the services by academic libraries and library patrons.

Commissioner Tocker moved to approve the contract. Commissioner Iglesias seconded the motion.  The motion carried unanimously.

e.     Amend ITS Staff Augmentation Contract with Department of Information Resources

Mike Ford requested the Commission’s approval to amend the contract with the Department of Information Resources (DIR) to increase the total not-to-exceed amount to $460,000 and extend the contract through December 31, 2024.

Mr. Ford noted that the agency is in the process for hiring a full-time lead position in the ITS division.  As this role has not yet been filled, continuation of the contract would provide consistency on a current major project on which the contractor is working with the agency, which is anticipated to be completed by December of this year.

Commissioner Tocker moved to approve the contract amendment.  Commissioner Tegeler seconded the motion.  The motion carried unanimously.

10.     Approval of the Agency’s 2026-2027 Legislative Appropriations Request.

Ms. Meraz presented a draft of the 2026-2027 Legislative Appropriations Request (LAR) to the Commission. The agency received final instructions from the Legislative Budget Board on July 25, 2024, and is currently updating the report accordingly for final submission.  She noted that there will be no substantial changes to figures from the draft between now and submission of the final LAR if approved by the Commission.  

She then led a review of exceptional items included in the LAR, noting that these requests were discussed and given general support during the April and June meetings of the full Commission. Of note:

Recruitment and Retention.  The agency is requesting the other half of its initial request during the last legislative session for salary increases in addition to a request for funds that would be available for professional training and certification for staff.  These two components address recruitment and retention of agency staff.

Key Business Operations. The agency hopes to open and fill new operational positions, contract a security position to secure the building, and address inflationary costs.

Public Access Improvements. The ITS division will need funds to update the agency’s website infrastructure and user interface, which was last given a major overhaul 10 years prior.  The agency is seeking a one-time funding for qualified consultant to reframe the website in addition to permanent infrastructure costs to meeting the increasing electronic storage space and infrastructure required for the Texas Digital Archive, which secures the state archival electronic records in perpetuity. Additionally, the agency is requesting new positions relating to public assistance and outreach as well as government relations.

Library IT and Broadband Readiness. Ms. Meraz noted that this item was put forward last session and was not funded.  The agency received state and federal funding two years ago for a continuing broadband project intended to address broadband connectivity of public libraries.  The agency hopes to provide support to libraries that don’t have local access to assistance for basic maintenance of infrastructure, including tech support and cybersecurity.  Additionally, the agency is requesting authority to add permanently the three FTE positions that now serve as project staff for the agency’s broadband grant project, which ends in December 2026. The goal of making the positions permanent is to continue build in-house expertise and assist libraries with consistent service in these key technology areas.

New Facility Completion and Operations.  The agency is working with the Texas Facilities Commission (TFC), which most recently selected the final proposed location for the new building.  The agency is currently scheduled to move into the new facilities at the end of the next biennium. After discussions with TFC, it was determined that furniture, equipment, and moving expenses should be covered by appropriation to TFC.  The agency is requesting anticipated increases to operational costs. Adjustments will be made with advice from TFC as necessary.

Sam Houston Center Partnership Feasibility Study. The agency is requesting funding for a feasibility study for the Sam Houston Center and is looking for potential partnerships.

Ms. Meraz asked that the Commission approve the document with the caveat that if there are any material changes, the Director and Librarian must make these changes in consultation with the agency’s General Counsel and Commission Chair.

Commissioner Mann moved to approve.  Commissioner Tegeler seconded the motion.  The motion carried unanimously.

11.     Audit Committee Update

Commissioner Tegeler gave an overview of the Audit Committee meeting held earlier that day, in which the Committee reviewed the follow-up audits for Records Center Services, Preservations, and Information Technology.  The Records Center Services follow-up audit report notes four total findings, three of which have been remediated.  One item was partially remediated, and TSLAC anticipates completing the item by the end of the calendar year. The Preservation follow-up audit report noted one finding that has been remediated.

Commissioner Tegeler then noted that the auditors also provided an update on the status of the Payroll audit.

Commissioner Tegeler then reported that the Committee reviewed the proposed Fiscal Year 2025 Audit Plan, which includes Information Security audit, Resource Sharing audit, and Broadband Grants audit, plus follow-up audits on Facilities and Maintenance, Risk Management, Payroll, and Records Center Services. The Committee voted to recommended approval of the FY 2025 internal audit plan.

Commissioner Tegeler moved to approve the FY 2025 internal audit plan.  The motion was seconded by Commissioners Tocker and Garza. The motion carried unanimously.

Call for Executive Session

Chair Wong called for a recess of the meeting at 10:46 a.m. and for the commissioners to reconvene into executive session under the exception related to consultation with attorney.  Chair Wong called the open meeting back to order at 11:07 a.m.

There was no action from executive session

Gloria Meraz briefly introduced Mikel Moore, who serves as the new analyst and liaison with the Governor's Office and is assisting the agency with budget planning and policy.

14.    Status Update on Cleveland-Partlow House in Liberty, Texas

Ms. Swanson gave a status update on the Cleveland-Partlow House in Liberty and the discussion of a potential partnership with Atascosito Historical Society (AHS) in the management and rehabilitation of the house.  Of note, discussion of a potential partnership was last considered during the Commission meeting in April 2024, during which TSLAC staff were directed to share potential terms of an agreement as well as answering questions posed by the commissioners.  Ms. Swanson shared a draft of an agreement with AHS as well as additional information AHS shared in response to questions sent by the agency.

Ms. Swanson also noted that, in December 2023, TSLAC received the attorney general opinion regarding the acceptance of a donation of services or funds for these services, and the opinion concluded that this would be appropriate so long as the state did not incur any financial liability. She also noted that the Commission has authority to accept such a donation on any terms and conditions it deemed appropriate.

Jean Murph, representing AHS, gave an overview of the current condition of the Cleveland-Partlow House and asserted the organization’s interest in assuming responsibilities of repair and upkeep of the house.  She added that AHS is aware of being responsible for raising additional funds and regularly informing the Commission on repair or maintenance of the House. Ms. Murph added that AHS has identified a group of local individuals who have agreed to serve on a task force to give leadership to the project.

This led to a discussion of resources AHS has to complete the project, during which AHS pointed out it does not have the authority to secure these resources without approval of the Commission.  Additional parameters of an agreement with AHS were discussed in further detail.

The Commission considered a request to direct the agency to enter into an MOU, drafted in consultation with the Director and Librarian and one or two commissioners outlining the scope of work for the rehabilitation of the Cleveland-Partlow House, the requested timeline of the project, bids and commitment to raising necessary funds to cover certain project phases, processes for covering issues that may arise during the restoration and how those may be funded and approved, and a named construction manager.  Once the MOU is finalized, AHS would begin seeking information to present to the Commission at its November 2024 meeting.

Commissioner Tegeler made a motion to approve an MOU with AHS within these parameters, with input from the General Counsel.  Commissioner Mann seconded the motion.  The motion carried unanimously.

12.    Libraries and Talking Book Committee Update

Commissioner Tocker gave an overview of the Libraries and Talking Book Committee meeting held June 11, 2024, during which the Committee discussed the minimum requirements for accreditation of public libraries, including a thorough review of current minimum requirements. Minor amendments to the accreditation rules will be presented to the Commission today for approval to adopt.  Additional amendments are expected to be presented to the Commission for approval for posting for public comment in November.

Commissioner Tocker noted that libraries benefit from accreditation as it gives them access to TexShare, interlibrary loan, and E-Read services; competitive grants; and program support, including the Family Place Libraries Project or Library Technology Academy.  

Commissioner Tocker then reported that the Committee received updates on TSLAC’s Library Development and Networking Division, including outreach training, and the Talking Book Program, including outreach programs and an update on the iPad program.

Commissioner Tegeler stepped out at 12:07 p.m.  

Responding to a question posed by Commissioner Garza, Commissioner Tocker explained that major amendments for the rules for accreditation were made 10 years ago.  Additionally, he gave an overview of the annual application for accreditation process. The agency is in close communication with libraries to provide awareness, orientation, and dedicated staff during the process, and the agency shares information on how to appeal if accreditation is not awarded.  He noted that an average of 90% of public libraries are accredited.

This item was for information purposes only.

13.    Approval of Annual FY 2025 Competitive Grant Awards

Ms. Karnes requested the approval of the recommendations for funding under the 2025 Texas Reads Grant Program, which funds public library programs that promote reading and literacy within local communities. These programs may be targeted to the entire community or to a segment of the community and may offer basic literacy; early childhood literacy; family literacy; English reading, writing, and speaking skills; and/or computing and solving problems at levels of proficiency necessary to function on the job and in society, for example.  Programs focusing on community engagement or involving collaboration with other community organizations is strongly encouraged.

Ms. Karnes noted that, if approved, two libraries being recommended will receive grants for the first time within the last five years, and an additional library will be a first-time grant recipient. The grants would be awarded for the summer of 2025.

Commissioner Tocker moved to approve the recommendations for funding. Commissioner Mann seconded the motion.  Chair Wong and Commissioners Tocker, Mann, and Garza voted in favor. Commissioner Iglesias abstained from voting, citing his connection with one of the recommended grant recipients. The motion passed.

RULES – ADOPTIONS

15.    13 TAC Chapter 1, Library Development, Subchapter C, Minimum Standards for Accreditation of Libraries in the State Library System

Ms. Swanson requested the commissioner’s approval of the adoption of the amendments to 13 TAC §1.74, Local Operating Expenditures, and §1.81, Quantitative Standards for Accreditation of Library.  The proposed amendments were published in the May 3, 2024, 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 the commissioners approved the adoption of these amendments today, they would take effect 20 days after filing with the Texas Register.

Commissioner Tegeler returned to the meeting at 12:17 p.m.  

Ms. Swanson noted that the amendments add FY 2025 to the current accreditation rules to keep the financial requirements the same as FY 2024.  Additional amendments are expected to be brought to the Commission in November.

Commissioner Tegeler moved to approve adoption.  Commissioner Tocker seconded the motion.  The motion carried unanimously.

16.    13 TAC Chapter 2, General Policies and Procedures

Ms. Swanson requested the commissioner’s approval of the adoption of the amendments to 13 TAC §2.51, Public Record Fees, and §2.52, Customer Service Policies.  She noted that the amendments are needed to update and modernize the rules as well as simplify the language for clarity.

The proposed amendments were published in the May 3, 2025, issue of the Texas Register for a 30-day public comment period. The agency did not receive any public comments on the proposed amendments. If approved by the commissioners, the amended rules would take effect 20 days after filing with the Texas Register.

Commissioner Mann moved to approve adoption. Commissioner Garza seconded the motion.  The motion carried unanimously.

17.    TAC Chapter 10, Archives and Historical Resources

Ms. Swanson requested the commissioner’s approval of the adoption of the amendments to 13 TAC §10.2, Public Access to Archival State Records and Other Historical Resources.  She noted that the amendments are needed to update and clarify the language of the rule for consistency as well as to add a reference to §2.52, Customer Service Policies.

The proposed amendments were published in the May 3, 2024, issue of the Texas Register for a 30-day public comment period. The agency did not receive any public comments on the proposed amendments. If approved by the commissioners, the amended rules would take effect 20 days after filing with the Texas Register.

Commissioner Tegeler moved to approve adoption.  Commissioner Iglesias seconded the motion.  The motion carried unanimously.

18.    Director’s Report

The commissioners received the director’s report for review.  Ms. Meraz gave a brief update on progress on the new records storage facilities for the agency.

This item was for information purposes only.

Commissioner Tegeler left the meeting at 12:22 p.m.

EXECUTIVE SESSION

19.    Executive Session

The Commission went into executive session under the exception related to consultation with attorney at 12:23 p.m., and Chair Wong called the open meeting back to order at 1:23 p.m.

20.    Action Items from Executive Session

There was one action item that came from the Executive Session. Commissioner Mann moved to authorize counsel to proceed in finalizing a settlement agreement for the TSLAC vs. Westmoreland lawsuit with the parameters and term presented by counsel during the closed session and to authorize the Director and Librarian to sign the agreement on behalf of the commission conditioned on the parameters and final terms not to be substantively or materially changed from what was presented unless such changes are approved by the Chair. Commissioner Garza seconded the motion. The motion carried unanimously by all commissioners present.

CLOSING ITEMS

21.    Financial Report

Donna Osborne reported on the agency’s financials as of July 31, 2024.

22.    Future Meeting Dates

The commission reviewed future scheduled meeting dates and locations.

23.    Adjournment

Tocker moved to adjourn the commission meeting. The motion was seconded by Commissioner Mann. The motion carried. The meeting adjourned at 1:32 p.m.