Texas Register, Volume 36, Number 34, Pages 5247-5552, August 26, 2011 Page: 5,418

The Chapter 2 rules were adopted pursuant to the Government Code
441.006(a)(1) and (2) that provides the Texas State Library and
Archives Commission shall govern the Texas State Library and
adopt rules to aid and encourage the development of and cooperation
among all types of libraries; Government Code 441.0092(b)(3),
441.0092(b)(1), and 441.136 that require the commission to adopt rules
concerning various grants to libraries; Government Code 656.048
that requires state agencies to adopt rules concerning the training
and education of agency employees; Government Code 2161.003
that requires state agencies to adopt rules concerning historically
underutilized businesses; Government Code 2171.1045 that requires
agencies to adopt rules concerning vehicle fleet management; and
Government Code 2255.001 that requires state agencies to adopt
rules concerning the relationship between an agency and any friends
groups or similar organizations established to support the agency.
The adopted sections affect the Government Code 441.006(a)(1)
- (2), 441.0092(b)(3), 441.0092(b)(1), 441.136, 656.048, 2161.003,
2171.1045, and 2255.001.
TRD-201103259
Edward Seidenberg
Deputy Director
Texas State Library and Archives Commission
Filed: August 17, 2011
The Texas State Library and Archives Commission has completed the
review of rules in 13 TAC Chapter 7 (Local Records), concerning the
operation of regional historical resource depositories and the retention,
microfilming, electronic storage of local government records, and elec-
tronic filing and recording of certain records. Notice of the review
was published in the March 18, 2011, issue of the Texas Register (36
TexReg 1885).
The commission finds that the reasons for the adoption of the rules in
Chapter 7 continue to exist. They allow the commission to fulfill its
statutory obligations in the management of local records.
The commission readopts 7.1 - 7.9, 7.21 - 7.35, 7.71 - 7.79, 7.121
- 7.125, and 7.141 - 7.145 in accordance with the Government Code,
2001.039.
The commission did not receive any comments on its review of Chapter
7.
The Chapter 7 rules were adopted pursuant to the Government Code,
441.006(a)(10) that requires the Texas State Library and Archives
Commission to adopt policies to aid and encourage effective records
management and preservation programs in local governments of the
state; Government Code, 441.153(b) that requires the commission
to adopt rules for Regional Historical Resource Depositories; Gov-
ernment Code, 441.158(a) that requires the commission to adopt lo-
cal government records retention schedules by rule; Local Govern-
ment Code, 204.004(a) that requires the commission to adopt rules
establishing standards and procedures for microfilming local govern-
ment records; Local Government Code, 205.003(a) that requires the
commission to adopt rules establishing standards and procedures for
electronic storage of local government record data; and Local Govern-
ment Code, 195.002(a) that requires the commission to adopt rules
by which a county clerk may accept electronic documents and other
instruments by electronic filing and record electronic documents and
other instruments electronically. The rules are necessary to carry out
the statutory obligations of the Texas State Library and Archives Com-
mission in the management of local government records.
TRD-201103258

Edward Seidenberg
Deputy Director
Texas State Library and Archives Commission
Filed: August 17, 2011
Texas Lottery Commission
Title 16, Part 9
The Texas Lottery Commission (Commission) has reviewed 16 TAC
Chapter 403 relating to General Administration, in accordance with the
requirements of Texas Government Code, 2001.039, and readopts the
rules in Chapter 403. The Commission has determined that the reasons
continue to exist for adopting the rules in Chapter 403.
Section 403.101 (Open Records) sets out agency procedures for
Commission compliance with Government Code Chapter 552, relating
to Public Information. Section 403.110 (Petition for Adoption of Rule
Changes) complies with Government Code 2001.021, relating to Pe-
tition for Adoption of Rules. Sections 403.201 (Definitions), 403.202
(Prerequisites to Suit), 403.203 (Sovereign Immunity), 403.204 (No-
tice of Claim of Breach of Contract), 403.205 (Agency Counterclaim),
403.206 (Request for Voluntary Disclosure of Additional Informa-
tion), 403.207 (Duty to Negotiate), 403.208 (Timetable), 403.209
(Conduct of Negotiation), 403.210 (Settlement Approval Procedures),
403.211 (Settlement Agreement), 403.212 (Costs of Negotiation),
403.213 (Request for Contested Case Hearing), 403.214 (Mediation
Timetable), 403.215 (Conduct of Mediation), 403.216 (Qualifications
and Immunity of the Mediator), 403.217 (Confidentiality of Mediation
and Final Settlement Agreement), 403.218 (Costs of Mediation),
403.219 (Settlement Approval Procedures), 403.220 (Initial Settlement
Agreement), 403.221 (Final Settlement Agreement), 403.222 (Referral
to the State Office of Administrative Hearings), and 403.223 (Use
of Assisted Negotiation Processes) comply with Government Code
2260.052, relating to Negotiation. Section 403.301 (Historically Un-
derutilized Businesses) complies with Government Code 2161.003,
relating to Agency Rules. Section 403.401 (Use of Commission Motor
Vehicles) complies with Government Code 2171.1045, relating to
Restriction on Assignment of Vehicles. Section 403.501 (Custody
and Use of Criminal History Record Information) complies with
Government Code 411.108, relating to Access to Criminal History
Record Information: Texas Lottery Commission.
As a result of the Commission's rule review, the Commission has
concluded that some of the rules in Chapter 403 need to be amended
in order to reflect current legal and policy considerations and cur-
rent procedures of the Commission. Specifically, the sections of
Chapter 403 that need to be amended are: 403.202 (Prerequisites to
Suit), 403.205 (Agency Counterclaim), 403.207 (Duty to Nego-
tiate), 403.208 (Timetable), 403.213 (Request for Contested Case
Hearing), 403.214 (Mediation Timetable), 403.301 (Historically
Underutilized Businesses), 403.401 (Use of Commission Motor
Vehicles), and 403.501 (Custody and Use of Criminal History Record
Information). The Commission will propose these amendments to
each of these rules in separate rulemaking actions.
This review and readoption has been conducted in accordance with
Texas Government Code 2001.039. The Commission received no
comments on the proposed review, which was published in the June
3, 2011, issue of the Texas Register (36 TexReg 3511).
This concludes the review of 16 TAC Chapter 403.
TRD-201103130

36 TexReg 5418 August 26, 2011

Texas Register