Texas State Library and Archives Commission
Monday, February 14, 2005
Minutes

The Texas State Library and Archives Commission (TSLAC) met on Monday, February 14, 2005, at 9:45 a.m. at the Lorenzo de Zavala State Library and Archives Building, Austin, Texas.

Commissioners Present:
Sandra J. Pickett, chairman
Diana Rae Hester Cox
Martha Doty Freeman
Cruz G. Hernandez
Sandra G. Holland
Elizabeth A. Sanders

Commissioners absent:
Chris A. Brisack, Vice-Chair

Staff Present:
Peggy D. Rudd, director and librarian
Edward Seidenberg, assistant state librarian
Beverley Shirley, director, Library Resource Sharing
Michael Heskett, director, State and Local Records Management
Deborah Littrell, director, Library Development
Chris LaPlante, director, Archives and Information Services
Donna Osborne, director Administrative Services
Ava Smith, director, Talking Book Program
Manuel Alvarez, director, Information Resource Technologies
Erica McKewen, public information officer
Liz DeMoss, executive assistant

Guests Present:
Gloria Meraz, director of communication, Texas Library Association
Carleton Wilkes, Jefferson-Wells
Al Holzman, Jefferson-Wells
Ed Pickett
Joe Saegert

Chairman Pickett convened the meeting at 9:45 a.m.

1. APPROVE MINUTES OF THE JANUARY 5, 2005 COMMISSION MEETING.

The commission reviewed the minutes of the January 5, 2005, commission meeting. It was pointed out that Vice-Chair Chris Brisack was in attendance at that meeting. Commissioner Freeman moved to approve the minutes of the January 5, 2005 commission meeting, pending the correction; Commissioner Hernandez seconded. Motion passed.

2. PUBLIC COMMENT.

There was no public comment at this time.

3. REVIEW OF CONSENT AGENDA: NON-SUBSTANTIVE CORRECTIONS IN OTHER AGENDA ITEMS SUCH AS SPELLING, NUMBERING, PUNCTUATION, GRAMMATICAL, OR OTHER REVISIONS.

At this time, the commission made non-substantive corrections to all other agenda item materials.

4. REPORT OF THE DIRECTOR AND LIBRARIAN.

Peggy Rudd addressed the commission and reported on the following:
· An article on the Talking Book Program that appeared in Texas Coop Power Magazine
· Updated on pending legislation concerning TexShare databases.
· The activities of the Information Resources Technologies division’s Email Management and Business Continuity Planning workgroups
· The State and Local Records Management 6th Annual E-Records Conference
· The Friends of Libraries and Archives of Texas November 9 reception at the Oswald Gallery in Austin and upcoming legislative reception

5. REVIEW AND APPROVE ACCEPTANCE OF GIFTS GREATER THAN $500.

Peggy Rudd read an order citing the gifts received between January 6 and January 31, 2005

The Archives and Information Services division received gifts of census microfilm, totaling $510 in value, from Mr. Brent Lockwood. In all, fifteen reels were donated, two Minnesota 1930 census and 10 Minnesota 1920 census, each with a value of $34.00. Mr. Lockwood has been a consistent donator of microfilm to our genealogy collection, providing valuable resources to patrons.

The State and Local Records Management Program received $734.98 from AT&T Wireless Services on December 14, 2004. This is a donation to the agency relating to their cellular phone tower on agency property located at 4400 Shoal Creek Blvd., in Austin, Texas. This donation is in conjunction with an easement and lease agreement made with the General Land Office.

The Library Development Division received $25,000 from the Tocker Foundation on December 1, 2004. This is a partial donation from the Foundation for the purpose of providing required matching funds on behalf of specific libraries in Texas that are eligible for computer upgrades under the Gates “Staying Connected” grant. The Grant program is being administered in Texas by TSLAC. The donation from the Tocker Foundation will ensure small libraries with limited funds can still participate in the Grant program.

The Talking Book Program received a gift of $500 on December 3, 2004. The donation was given in memory of Marie Engel, a patron of the program. A copy of the letter that accompanied the donation is attached. The donor states, “I have worked with visually impaired persons for many years, and I have not met anyone who enjoyed Talking Books more than Marie. The books brought a whole new interest in life to her… Keep up the good work.”

Commissioner Holland moved to approve acceptance of the gifts; Commissioner Freeman seconded. Motion passed.

6. DISCUSS AND APPROVE AUDIT COMMITTEE RECOMMENDATIONS REGARDING THE INTERNAL AUDIT OF TSLAC’S ACCOUNTING FUNCTION.

Donna Osborne and Carleton Wilkes briefed the commission on the audit of the Texas State Library and Archives Commission Accounting Function. Mr. Wilkes summarized that the audit found that there are no significant weaknesses in the design of the accounting function internal controls. Commissioner Sanders opened the floor for questions. There being none, Commissioner Holland moved that the full commission accept the internal audit of the Texas State Library and Archives Commission Accounting Function; Commissioner Sanders seconded. Motion passed.

7. AUTHORIZATION TO PUBLISH PROPOSED RULE REVIEW OF CHAPTER 8, TEXSHARE LIBRARY CONSORTIUM.

Beverley Shirley reviewed Title 13, Chapter 8, concerning the TexShare Library Consortium. Government Code, section 2001.39 requires state agencies to review and consider for readoption each of their rules every four years. Commissioner Hernandez moved to approve the publication notice of proposed Rule Review of Chapter 8 in the Texas Register for comment; Commissioner Holland seconded. Motion passed.

8. CONSIDER ADOPTION OF THE RULE REVIEW OF CHAPTER 3, STATE PUBLICATIONS DEPOSITORY PROGRAM.

Beverly Shirley reviewed the commission on Chapter 3, State Publications Depository Program and informed the commission that the rule went through a 30-day comment period. During this time two comments were received. Review showed that the rule was still applicable but reorganization was necessary and electronic publications would need to be addressed. Because the rule is still applicable, but extensive revisions need to be made, the rule will have to be readopted, repealed, and the new rule posted in the Texas Register for a 30-day comment period.

Commissioner Hernandez moved to readopt Chapter 3, State Publications Depository Program; Commissioner Holland seconded. Motion passed.

9. CONSIDER AUTHORIZATION TO PROPOSE REPEAL OF CHAPTER 3, STATE PUBLICATIONS DEPOSITORY PROGRAM.

Commissioner Cox moved to authorize the publication of the proposed repeal Chapter 3, State Publications Depository Program; Commissioner Holland seconded. Motion passed.

10. CONSIDER AUTHORIZATION TO PROPOSE NEW CHAPTER 3 RULES REGARDING THE STATE PUBLICATIONS DEPOSITORY PROGRAM.

Commissioner Sanders moved to authorize the publication of the proposed new Chapter 3 rules regarding the State Publications Depository Program; Commissioner Hernandez seconded. Motion passed.

11. CONSIDER ADOPTION OF RULE REVIEW OF CHAPTER 6, STATE RECORDS.

Michael Heskett addressed the commission on Chapter 6, State Records and amendments to 13 TAC 6.3-6.8 and 6.9-6.10, saying that after approval at the September 20, 2004 commission meeting, the rule review and amendments were posted in the Texas Register.

Commissioner Hernandez moved to readopt Chapter 6, State Records; Commissioner Sanders seconded. Motion passed.

12. CONSIDER ADOPTION OF AMENDMENTS TO 13 TAC 6.3-6.7 AND 6.9-6.10 RELATING TO RECORDS RETENTION SCHEDULING BY STATE AGENCIES.

Commissioner Sanders moved to adopt amendments to 13 TAC 6.3-6.8 and 6.9-6.10 relating to records retention scheduling by state agencies; Commissioner Hernandez seconded. Motion passed.

13. DISCUSSION OF PROCESS AND TIMELINE REGARDING REVISION OF THE LOCAL GOVERNMENT RECORDS RETENTION SCHEDULES (TITLE 13, PART 1, CHAPTER 7, SUBCHAPTER D).

Michael Heskett presented the Local Governemnt Records Retention Schedules (Title 13, Part 1, Chapter 7, Subchapter D) as a discussion item. At this time, he encouraged all commissioners to take part in their local government records committee.

14. CONSIDER ADOPTION OF THE REPEAL OF 13 TAC 1.83 REGARDING A REQUIREMENT FOR ACCREDITATION FOR MEMBERSHIP IN THE STATE LIBRARY SYSTEM.

Deborah Littrell notified the commission that after their approval of posting the repeal of 13 TAC 1.83, regarding a requirement for accreditation for membership in the state library system, on the Texas Register for a 30-day comment period, no comments were received.

Commissioner Holland moved to adopt the repeal of 13 TAC 1.83 regarding a requirement for accreditation for membership in the state library system; Commissioner Cox seconded. Motion passed.

15. CONSIDER ADOPTION OF THE NEW AND AMENDED 13 TAC 1.74, 1.81, AND 1.83 REGARDING THE CRITERIA FOR ACCREDITATION AS MEMBERS IN THE STATE LIBRARY SYSTEM.

Deborah Littrell presented the new and amended 13 TAC 1.74, 1.81, and 1.83 regarding the criteria for accreditation in the state library system. The addition of new rules will not effect system membership until 2007. After posting, following the September 20, 2004 commission meeting, four comments were received.

Commissioner Hernandez moved to adopt the new and amended 13 TAC 1.74, 1.81, and 1.83 regarding the criteria for accreditation as members in the state library system; Commissioner Cox seconded. Motion Passed.

16. CONSIDER AUTHORIZATION TO PROPOSE AMENDMENTS TO 13 TAC 2.171, 2.173, 2.175 RELATING TO THE TEXAS READS GRANT PROGRAM.

Deborah Littrell informed the commission that following the first round of Texas Reads grants, problems surfaced indicating a need to change rules to adhere as closely as possible to the original purpose of the grant.

Commissioner Cox moved to authorize the publication of proposed amendments to 13 TAC 2.171, 2.173, and 2.175 relating to the Texas Reads Grant Program; Commissioner Holland seconded. Motion passed.

17. CONSIDER AUTHORIZATION TO PROPOSE AMENDMENTS TO 13 TAC 4.1 RELATING TO SCHOOL LIBRARY PROGRAMS, STANDARDS, AND GUIDELINES.

Deborah Littrell addressed the commission, saying that upon publication, suggestions were received, recommending that all appendix-like materials be moved to a supplementary document.

Commissioner Hernandez moved to authorize the publication of proposed amendments to 13 TAC 4.1 relating to School Library Programs, Standards, and Guidelines; Commissioner Holland seconded. Motion passed.

18. CONSIDER APPOINTMENTS TO LIBRARY SYSTEMS ACT ADVISORY BOARD.

Deborah Littrell notified the commission that Al Cage and Barbara Gubbin of the Library Systems Act Advisory Board have resigned. Staff recommend Dana Rooks and Herbert Canales to fill these positions for the remainder of the vacant terms.

Commissioner Sanders moved to approve the appointment of Dana Rooks and Herbert Canales to the Library Systems Act Advisory Board; Commissioner Cox seconded. Motion passed.

19. CONSIDERATION OF ADJUSTMENTS TO LOAN STAR LIBRARIES GRANT AWARDS FOR SFY05.

Deborah Littrell stated that the Library Systems Act Advisory Board has recommended that certain deadlines be initiated to keep libraries on track while filing their Lone Star Libraries Grant reports. Staff requests permission to revoke the grants awarded to five libraries: Gonzalez, Midlothian, Highland Park, Honey Grove, and Caldwell. Three of these have formally declined their grants and two have failed to submit the appropriate paperwork despite staff attempts to aid their progress.

Commissioner Cox moved to approve the adjustments to Loan Star Libraries grant awards for SFY05; Commissioner Holland seconded. Motion Passed.

20. DISCUSSION OF PROCESS AND TIMELINE REGARDING REVIEW BY THE TEXAS SUNSET COMMISSION.

Edwared Seidenberg reviewed, as a discussion item, materials given to the commissioners regarding the process and timeline for the Texas State Library and Archives Commission review by the Texas Sunset Commission. He encouraged all commissioners to become familiar with these materials and processes.

21. REPORT ON AGREEMENTS TO RECOVER HISTORICAL DOCUMENTS FROM PRIVATE COLLECTIONS.

Chris LaPlante informed the commission that he had hoped to have something to report however no conclusions had been reached and no responses received regarding the agreements to recover historical documents from private collections.

With no further business, Chairman Pickett adjourned the meeting at 12:00 p.m.

Respectfully submitted,

Peggy D. Rudd
Director and Librarian

PRD:ecd

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