reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter I. Administrative Review and Judicial Enforcement › Section 437.404. Investigation by Commission

Sec. 437.404.  INVESTIGATION BY COMMISSION.  The commission shall investigate a complaint arising under Section 437.204 and determine if there is reasonable cause to believe that the respondent engaged in an unlawful employment practice as alleged in the complaint.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter I. Administrative Review and Judicial Enforcement › Section 437.405. Lack of Reasonable Cause; Dismissal of Complaint

Sec. 437.405.  LACK OF REASONABLE CAUSE; DISMISSAL OF COMPLAINT.  (a)  If, after investigation, the commission determines that reasonable cause does not exist to believe that the respondent engaged in an unlawful employment practice under Section 437.204 as alleged in a complaint, the commission shall issue a written determination incorporating the finding that the evidence does not support the complaint and dismissing the complaint.
(b)  The commission shall serve a copy of the determination on the complainant, the respondent, and other agencies as required by law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter I. Administrative Review and Judicial Enforcement › Section 437.406. Determination of Reasonable Cause; Review by Panel

Sec. 437.406.  DETERMINATION OF REASONABLE CAUSE; REVIEW BY PANEL.  If, after investigation, the commission determines that there is reasonable cause to believe that the respondent engaged in an unlawful employment practice under Section 437.204 as alleged in a complaint, the commission shall:
(1)  issue a written determination incorporating the finding that the evidence supports the complaint; and
(2)  serve a copy of the determination on the complainant, the respondent, and other agencies as required by law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter I. Administrative Review and Judicial Enforcement › Section 437.407. Resolution by Informal Methods

Sec. 437.407.  RESOLUTION BY INFORMAL METHODS.  (a)  If a determination of reasonable cause is made, the commission shall endeavor to eliminate the alleged unlawful employment practice arising under Section 437.204 by informal methods of conference, conciliation, and persuasion.
(b)  Without the written consent of the complainant and respondent, the commission, its executive director, or its other officers or employees may not disclose to the public information about the efforts in a particular case to resolve an alleged unlawful employment practice by conference, conciliation, or persuasion, regardless of whether there is a determination of reasonable cause.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter I. Administrative Review and Judicial Enforcement › Section 437.408. Notice of Dismissal or Unresolved Complaint

Sec. 437.408.  NOTICE OF DISMISSAL OR UNRESOLVED COMPLAINT.  If the commission dismisses a complaint or does not resolve the complaint, the commission shall inform the complainant of the dismissal or failure to resolve the complaint in writing by certified mail.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter I. Administrative Review and Judicial Enforcement › Section 437.409. Temporary Injunctive Relief

Sec. 437.409.  TEMPORARY INJUNCTIVE RELIEF.  (a)  If the commission concludes from a preliminary investigation of an unlawful employment practice arising under Section 437.204 alleged in a complaint that prompt judicial action is necessary, the commission shall file a petition seeking appropriate temporary relief against the respondent pending final determination of a proceeding under this subchapter.
(b)  The petition shall be filed in a district court in a county in which:
(1)  the alleged unlawful employment practice that is the subject of the complaint occurred; or
(2)  the respondent resides.
(c)  A court may not issue temporary injunctive relief unless the commission shows:
(1)  a substantial likelihood of success on the merits; and
(2)  irreparable harm to the complainant in the absence of the preliminary relief pending final determination on the merits.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter I. Administrative Review and Judicial Enforcement › Section 437.410. Civil Action by Commission

Sec. 437.410.  CIVIL ACTION BY COMMISSION.  (a)  The commission may bring a civil action against a respondent if:
(1)  the commission determines that there is reasonable cause to believe that the respondent engaged in an unlawful employment practice under Section 437.204; and
(2)  the commission's efforts to resolve the discriminatory practice to the satisfaction of the complainant and respondent through informal methods have been unsuccessful.
(b)  The complainant may intervene in a civil action brought by the commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter I. Administrative Review and Judicial Enforcement › Section 437.411. Notice of Complainant's Right to File Civil Action

Sec. 437.411.  NOTICE OF COMPLAINANT'S RIGHT TO FILE CIVIL ACTION.  (a)  A complainant who receives notice under Section 437.408 that the complaint is dismissed or not resolved is entitled to request from the commission a written notice of the complainant's right to file a civil action.
(b)  The complainant must request the notice in writing.
(c)  The executive director of the commission may issue the notice.
(d)  Failure of the executive director of the commission to issue the notice of a complainant's right to file a civil action does not affect the complainant's right under this subchapter to bring a civil action against the respondent.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter I. Administrative Review and Judicial Enforcement › Section 437.412. Civil Action by Complainant

Sec. 437.412.  CIVIL ACTION BY COMPLAINANT.  Within 60 days after the date a notice of the right to file a civil action is received, the complainant may bring a civil action against the respondent.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter I. Administrative Review and Judicial Enforcement › Section 437.413. Commission's Intervention in Civil Action by Complainant

Sec. 437.413.  COMMISSION'S INTERVENTION IN CIVIL ACTION BY COMPLAINANT.  After receipt of a timely application, a court may permit the commission to intervene in a civil action filed under Section 437.412 if:
(1)  the commission certifies that the case is of general public importance; and
(2)  before commencement of the action, the commission issued a determination of reasonable cause to believe that Section 437.204 was violated.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter I. Administrative Review and Judicial Enforcement › Section 437.414. Assignment to Early Hearing

Sec. 437.414.  ASSIGNMENT TO EARLY HEARING.  The court shall set an action brought under this subchapter for hearing at the earliest practicable date to expedite the action.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter I. Administrative Review and Judicial Enforcement › Section 437.415. Injunction; Equitable Relief

Sec. 437.415.  INJUNCTION; EQUITABLE RELIEF.  (a)  On finding that a respondent engaged in an unlawful employment practice under Section 437.204 as alleged in a complaint, a court may:
(1)  prohibit by injunction the respondent from engaging in an unlawful employment practice under Section 437.204; and
(2)  order additional equitable relief as may be appropriate.
(b)  Additional equitable relief may include:
(1)  hiring or reinstating with or without back pay;
(2)  upgrading an employee with or without pay; and
(3)  paying court costs.
(c)  Liability under a back pay award may not accrue for a date more than two years before the date a complaint is filed with the commission.  Interim earnings, workers' compensation benefits, and unemployment compensation benefits received operate to reduce the back pay otherwise allowable.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter I. Administrative Review and Judicial Enforcement › Section 437.416. Compensatory and Punitive Damages

Sec. 437.416.  COMPENSATORY AND PUNITIVE DAMAGES.  (a)  On finding that a respondent engaged in an intentional unlawful employment practice under Section 437.204 as alleged in a complaint, a court may, as provided by this section, award:
(1)  compensatory damages; and
(2)  punitive damages.
(b)  A complainant may recover punitive damages against a respondent, other than a respondent that is a governmental entity, if the complainant demonstrates that the respondent engaged in an unlawful employment practice under Section 437.204 with malice or with reckless indifference to the state-protected rights of an aggrieved individual.
(c)  Compensatory damages awarded under this section may not include:
(1)  back pay;
(2)  interest on back pay; or
(3)  other relief authorized under Section 437.415(b).
(d)  The sum of the amount of compensatory damages awarded under this section for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses and the amount of punitive damages awarded under this section may not exceed, for each complainant:
(1)  $50,000 in the case of a respondent that has fewer than 101 employees;
(2)  $100,000 in the case of a respondent that has more than 100 and fewer than 201 employees;
(3)  $200,000 in the case of a respondent that has more than 200 and fewer than 501 employees; and
(4)  $300,000 in the case of a respondent that has more than 500 employees.
(e)  For the purposes of Subsection (d), in determining the number of employees of a respondent, the requisite number of employees must be employed by the respondent for each of 20 or more calendar weeks in the current or preceding calendar year.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter I. Administrative Review and Judicial Enforcement › Section 437.417. Attorney's Fees; Costs

Sec. 437.417.  ATTORNEY'S FEES; COSTS.  (a)  In a proceeding under this subchapter, a court may allow the prevailing party, other than the commission, a reasonable attorney's fee as part of the costs.
(b)  The state, a state agency, or a political subdivision is liable for costs, including attorney's fees, to the same extent as a private person.
(c)  In awarding costs and attorney's fees in an action or a proceeding under this subchapter, the court, in its discretion, may include reasonable expert fees.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter I. Administrative Review and Judicial Enforcement › Section 437.418. Compelled Compliance

Sec. 437.418.  COMPELLED COMPLIANCE.  If an employer fails to comply with a court order issued under this subchapter, a party to the action or the commission, on the written request of a person aggrieved by the failure, may commence proceedings to compel compliance with the order.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle C - State Military Forces and Veterans › Chapter 437 - Texas Military › Subchapter I. Administrative Review and Judicial Enforcement › Section 437.419. Trial De Novo

Sec. 437.419.  TRIAL DE NOVO.  (a)  A judicial proceeding under this subchapter is by trial de novo.
(b)  A commission finding, recommendation, determination, or other action is not binding on a court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter A. Texas State Library and Archives Commission › Section 441.0011. Training for Commission Members

Sec. 441.0011.  TRAINING FOR COMMISSION MEMBERS.  (a)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing commission operations;
(2)  the programs, functions, rules, and budget of the commission;
(3)  the scope of and limitations on the rulemaking authority of the commission;
(4)  the results of the most recent formal audit of the commission;
(5)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B)  other laws applicable to members of a state policymaking body in performing their duties; and
(6)  any applicable ethics policies adopted by the commission or the Texas Ethics Commission.
(c)  A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The director and librarian shall create a training manual that includes the information required by Subsection (b).  The director and librarian shall distribute a copy of the training manual annually to each member of the commission.  Each member of the commission shall sign and submit to the director and librarian a statement acknowledging that the member received and has reviewed the training manual.
Added by Acts 1995, 74th Leg., ch. 86, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 251 (S.B. 913), Sec. 2, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter A. Texas State Library and Archives Commission › Section 441.003. Employees

Sec. 441.003.  EMPLOYEES.  (a)  Subject to the approval of the commission, the director and librarian shall appoint an assistant state librarian, a state archivist, a state records administrator, and other assistants and employees necessary to fulfill the duties of the commission and the director and librarian as prescribed by law.
(b)  The assistant state librarian has the rank of a department head.  In the absence of the director and librarian, the assistant may sign and certify accounts and documents in the same manner and with the same legal authority as the director and librarian.  The assistant shall take the official oath.
(c)  To be eligible for appointment as state archivist, a person must have appropriate training and experience in the administration of a government archive, but is not required to have technical library school training or library experience to be appointed state archivist.
(d)  To be eligible for appointment as state records administrator, a person must have appropriate training and experience in the administration of a government records management program, but is not required to have technical library training or library experience to be appointed state records administrator.
(e)  The director and librarian may designate a staff member to serve as both state archivist and state records administrator.  In that event, any provision of Subchapter L  requiring joint action by the state archivist and the state records administrator requires only the action of the person designated.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 873, Sec. 4, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 285, Sec. 17, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter A. Texas State Library and Archives Commission › Section 441.004. Career Ladder; Performance Evaluations

Sec. 441.004.  CAREER LADDER;  PERFORMANCE EVALUATIONS.  (a)  The director and librarian or the director and librarian's designee shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement for employees within the commission.  The program must require intra-agency posting of all positions concurrently with any public posting.
(b)  The director and librarian or the director and librarian's designee shall develop a system of annual performance evaluations that are based on documented employee performance. All merit pay for commission employees must be based on the system established under this subsection.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 86, Sec. 4, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter A. Texas State Library and Archives Commission › Section 441.005. Standards of Conduct; Equal Employment Opportunity

Sec. 441.005.  STANDARDS OF CONDUCT;  EQUAL EMPLOYMENT OPPORTUNITY.  (a)  The director and librarian or the director and librarian's designee shall provide to members of the commission and to commission employees, as often as necessary, information regarding their qualification for office or employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.
(b)  The director and librarian or the director and librarian's designee shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with requirements of Chapter 21, Labor Code;
(2)  a comprehensive analysis of the commission workforce that meets federal and state guidelines;
(3)  procedures by which a determination can be made about the extent of underuse in the commission workforce of all persons for whom federal or state guidelines encourage a more equitable balance;  and
(4)  reasonable methods to address those areas of underuse appropriately.
(c)  A policy statement prepared under Subsection (b) must cover an annual period, be updated annually, be reviewed by the Commission on Human Rights for compliance with Subsection (b)(1), and be filed with the governor's office.
(d)  The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (c).  The report may be made separately or as a part of other biennial reports made to the legislature.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 86, Sec. 5, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter A. Texas State Library and Archives Commission › Section 441.0065. Advisory Committees

Sec. 441.0065.  ADVISORY COMMITTEES.  (a)  The commission may establish an advisory committee to make recommendations to the commission on programs, rules, and policies affecting the delivery of information services in the state.
(b)  In establishing an advisory committee under this section, the commission shall adopt rules regarding:
(1)  the purpose, role, responsibility, and goals of the committee;
(2)  the size and quorum requirement of the committee;
(3)  qualifications for committee membership;
(4)  appointment procedures for members;
(5)  terms of service for members;
(6)  training requirements for members;
(7)  a periodic review process to evaluate the continuing need for the committee; and
(8)  a requirement that committee meetings be open to the public.
Added by Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter A. Texas State Library and Archives Commission › Section 441.008. Transfer or Exchange of Books or Documents

Sec. 441.008.  TRANSFER OR EXCHANGE OF BOOKS OR DOCUMENTS.  (a)  The commission may transfer a book or document to another library that is supported by state appropriation if the commission believes that the transfer would benefit the state library.  The commission may make the transfer permanent or temporary.
(b)  If a duplicate book or document is no longer needed by the state library, the commission may exchange the duplicate or may dispose of the duplicate to any state or local public library.
(c)  This section does not apply to any state archival record or other historical resource that the director and librarian has designated to be part of the state archives program established under Section 441.181.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 873, Sec. 6, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter A. Texas State Library and Archives Commission › Section 441.0085. Adopt-a-Library Program

Sec. 441.0085.  ADOPT-A-LIBRARY PROGRAM. (a) The commission may establish or may assist other state agencies or organizations in the establishment of an Adopt-A-Library program to encourage investment in and donations to public libraries in this state.
(b)  The commission may use any cash, gift, grant, donation, or in-kind contribution that it receives from a public or private entity through the Adopt-A-Library program to assist the commission or public libraries in this state in the establishment, provision, improvement, or expansion of library services.
(c)  The commission shall provide information about the Adopt-A-Library program on the commission's Internet website.
(d)  The commission may adopt rules reasonably necessary to perform its duties under this section.
(e)  For purposes of Subchapter I, Chapter 659:
(1)  the Adopt-A-Library program is considered an eligible charitable organization entitled to participate in the state employee charitable campaign; and
(2)  a state employee is entitled to authorize a deduction for contributions to the Adopt-A-Library program as a charitable contribution under Section 659.132.
Added by Acts 2011, 82nd Leg., R.S., Ch. 518 (H.B. 2139), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter A. Texas State Library and Archives Commission › Section 441.009. State Plan for Library Services and Technology

Sec. 441.009.  STATE PLAN FOR LIBRARY SERVICES AND TECHNOLOGY.  (a)  The commission may adopt a state plan for improving library services consistent with federal goals.
(b)  The state library shall prepare the plan for the commission and shall administer the plan the commission adopts.
(c)  The plan must include a procedure by which a library may apply for money under the plan and a procedure for a fair hearing for a library whose application for money is refused.  Money from local, state, or federal sources may be used.  The money shall be administered according to local, state, and federal requirements.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter A. Texas State Library and Archives Commission › Section 441.0091. Grant Program for Local Libraries

Sec. 441.0091.  GRANT PROGRAM FOR LOCAL LIBRARIES.  (a)  In addition to a grant or funding under Subchapter I, the commission may provide for grants to meet specific information needs of residents of this state and specific needs of local libraries that are not adequately addressed under Subchapter I or other law.
(b)  The commission, in designing the grant program under this section:
(1)  may consider federal law and federal funding priorities;
(2)  may include competitive grants;  and
(3)  shall adopt by rule the guidelines for awarding grants.
Added by Acts 1995, 74th Leg., ch. 86, Sec. 9, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter A. Texas State Library and Archives Commission › Section 441.0092. Texas Reads Program Grants

Sec. 441.0092.  TEXAS READS PROGRAM GRANTS.  (a)  From money in the Texas Reads program account, the commission shall make grants to fund programs to promote reading provided by public libraries.
(b)  The commission shall:
(1)  determine standards that a reading promotion program must meet to be eligible for a grant under this section;
(2)  provide procedures for application for a grant;  and
(3)  determine the recipient and amount of each grant.
Added by Acts 1999, 76th Leg., ch. 763, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 4, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 5, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter A. Texas State Library and Archives Commission › Section 441.013. Reports

Sec. 441.013.  REPORTS.
(a)  The commission shall make a biennial report to the governor that includes:
(1)  a comprehensive view of the operation of the commission in discharging the duties imposed by this subchapter;
(2)  a review of the library conditions in this state;
(3)   any recommendations suggested by the experience of the commission; and
(4)  a review of commission activities under Subtitle C, Title 6, Local Government Code, and Subchapters J and L.
(b)  The report made under Subsection (a) shall be printed, and the governor shall lay the report before the legislature as the governor does with other departmental reports.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(39), eff. June 17, 2011.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 86, Sec. 12, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 873, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 6, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(39), eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter A. Texas State Library and Archives Commission › Section 441.014. Audit

Sec. 441.014.  AUDIT.  The financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321, Government Code.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 584, Sec. 9, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter A. Texas State Library and Archives Commission › Section 441.015. Seal

Sec. 441.015.  SEAL.  (a)  The official seal of the state library is a circle of not less than 1-1/2 nor more than two inches in diameter that bears a star of five points surrounded by two concentric circles between which is printed "Texas State Library."
(b)  The seal shall be used to authenticate the official acts of the Texas State Library.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter A. Texas State Library and Archives Commission › Section 441.016. Building

Sec. 441.016.  BUILDING.  The name of the state archives and library building is the Lorenzo de Zavala State Archives and Library Building.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter A. Texas State Library and Archives Commission › Section 441.017. Cost Recovery for Records Storage Services

Sec. 441.017.  COST RECOVERY FOR RECORDS STORAGE SERVICES.  (a)  This section:
(1)  applies to a record stored by the commission for a state agency;  and
(2)  does not apply to a record that is under the permanent control of the commission for archival purposes.
(b)  The commission shall establish and keep current a cost recovery schedule for its records storage services.  The schedule shall show the total cost, including indirect costs, to the commission of its records storage services.
(c)  Each state agency that will use the commission's records storage services during a state fiscal biennium shall send to the commission an estimate of the amount and nature of the services that the agency will use during the biennium.  The commission shall prescribe:
(1)  the time that the estimate must be sent;  and
(2)  the information that must be included in the estimate.
(d)  The commission shall base its legislative appropriations request for providing records storage services to other agencies for the biennium on the estimates received under Subsection (c).  The commission's appropriations request must:
(1)  show the estimated cost for each agency for records storage services;  and
(2)  identify the estimated amount that would need to be appropriated from the general revenue fund, account in the general revenue fund, or other fund or account to recover fully the commission's costs in providing records storage services for other agencies.
(e)  The legislature may appropriate money to pay the commission's costs in providing records storage services for an agency:
(1)  to the commission;  or
(2)  to the agency, which shall pay the commission its costs as the services are provided.
(f)  In this section, "agency" means a state executive, judicial, or legislative department, institution, board, or commission, including an eleemosynary institution.
Added by Acts 1995, 74th Leg., ch. 86, Sec. 13, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter A. Texas State Library and Archives Commission › Section 441.018. Complaints

Sec. 441.018.  COMPLAINTS.  (a)  The commission shall maintain a system to promptly and efficiently act on complaints filed with the commission.  The commission shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.
(b)  The commission shall make information available describing its procedures for complaint investigation and resolution.
(c)  The commission shall periodically notify the complaint parties of the status of the complaint until final disposition.
Added by Acts 2007, 80th Leg., R.S., Ch. 251 (S.B. 913), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter A. Texas State Library and Archives Commission › Section 441.019. Use of Technology

Sec. 441.019.  USE OF TECHNOLOGY.  The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions.  The policy must ensure that the public is able to interact with the commission on the Internet.
Added by Acts 2007, 80th Leg., R.S., Ch. 251 (S.B. 913), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter A. Texas State Library and Archives Commission › Section 441.020. Negotiated Rulemaking and Alternative Dispute Resolution Policy

Sec. 441.020.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY.  (a)  The commission shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008 for the adoption of commission rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the commission's jurisdiction.
(b)  The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The commission shall designate a trained person to:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 251 (S.B. 913), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter B. Court Documents › Section 441.025. Definitions

Sec. 441.025.  DEFINITIONS.  In this subchapter:
(1)  "Commission" means the Texas State Library and Archives Commission.
(2)  "Court document" means any instrument, document, paper, or other record filed with, otherwise presented to, or produced by a court in this state.
Added by Acts 2011, 82nd Leg., R.S., Ch. 204 (H.B. 1559), Sec. 1, eff. May 30, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter B. Court Documents › Section 441.026. Retention, Storage, and Destruction of Certain Court Documents

Sec. 441.026.  RETENTION, STORAGE, AND DESTRUCTION OF CERTAIN COURT DOCUMENTS.  (a)  The commission shall adopt rules for the retention, storage, and destruction of a court document filed with, otherwise presented to, or produced by a court in this state before January 1, 1951.
(b)  A court in this state may not destroy a court document described by Subsection (a) except as provided by rules of the commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 204 (H.B. 1559), Sec. 1, eff. May 30, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter C. Records Management Division of Texas State Library › Section 441.031. Definition

Sec. 441.031.  DEFINITION.  In this subchapter, "state record" means a document, book, paper, photograph, sound recording, or other material, regardless of physical form or characteristic, made or received by a state department or institution according to law or in connection with the transaction of official state business.  The term does not include:
(1)  library or museum material made or acquired and preserved solely for reference or exhibition purposes;
(2)  an extra copy of a document preserved only for convenience of reference;
(3)  a stock of publications or of processed documents; or
(4)  any records, correspondence, notes, memoranda, or documents, other than a final written agreement described by Section 2009.054(c), associated with a matter conducted under an alternative dispute resolution procedure in which personnel of a state department or institution, local government, special district, or other political subdivision of the state participated as a party, facilitated as an impartial third party, or facilitated as the administrator of a dispute resolution system or organization.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 40, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 31, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1352, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter E. Public Library Endowment and Operating Funds › Section 441.071. Texas Public Library Endowment Fund

Sec. 441.071.  TEXAS PUBLIC LIBRARY ENDOWMENT FUND.  (a)  The Texas public library endowment fund is a trust fund outside the state treasury held by a bank or depository trust company and administered by the commission for the benefit of the public as provided by this section.
(b)  The fund consists of donations accepted by the commission under Section 441.074.
(c)  The corpus of the endowment fund may not be spent for any purpose.
(d)  Not later than September 1 of each year, the commission shall remit all or part of the interest and income earned on money in the endowment fund to the comptroller for deposit in the state treasury to the credit of the Texas public library fund.  The commission shall credit to the corpus of the endowment fund any portion of the interest and income not credited to the public library fund in the treasury.
Added by Acts 1999, 76th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter E. Public Library Endowment and Operating Funds › Section 441.073. Texas Public Library Fund

Sec. 441.073.  TEXAS PUBLIC LIBRARY FUND.  (a)  The Texas public library fund is a special fund in the state treasury outside the general revenue fund.
(b)  The public library fund consists of money credited to the fund under Section 441.071(d) and proceeds from sales under Section 441.074(d).
(c)  Money in the public library fund may be appropriated only to the commission to perform the commission's powers and duties concerning public library development under this chapter and to pay the commission's expenses incurred under this subchapter.
(d)  The public library fund is exempt from the application of Sections 403.095 and 404.071.  Interest and income from deposit and investment of money in the fund shall be allocated to the fund monthly.
Added by Acts 1999, 76th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter E. Public Library Endowment and Operating Funds › Section 441.074. Donations, Appropriations, and Sales

Sec. 441.074.  DONATIONS, APPROPRIATIONS, AND SALES.  (a)  The commission may solicit and accept on behalf of the state donations of money, securities, and other property as it determines best further the orderly development of public library resources of the state.  Money paid to the commission under this subsection shall be deposited in the Texas public library endowment fund.
(b)  The commission by rule shall establish an acquisition policy for accepting donations of money, securities, and other property.
(c)  The legislature may make appropriations to the commission to carry out the purposes of this chapter.
(d)  The commission may purchase and resell items it determines appropriate for the promotion of public libraries in Texas.  The value of commission inventory, as determined by generally accepted accounting principles, may not exceed $50,000 at the end of any fiscal year.  The net profits from those sales shall be deposited in the Texas public library fund.
Added by Acts 1999, 76th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter E. Public Library Endowment and Operating Funds › Section 441.075. Public Library Fund Grant Program

Sec. 441.075.  PUBLIC LIBRARY FUND GRANT PROGRAM.  (a)  The commission shall make grants to public libraries from the Texas public library fund for facility construction projects, acquisition of books and other collection development materials, and payment of actual and reasonable general and administrative expenses.  The commission shall allocate amounts from the fund to direct and matching grant programs.
(b)  The commission shall adopt rules:
(1)  establishing methods for participation by local governments in a matching grant program for facility construction projects;  and
(2)  providing allocations for a direct grant program for acquisition of books and other collection development materials according to a formula that allocates a base grant to each participating public library plus an amount that is proportional to the size of the population served.
(c)  To participate in a grant program under this section, a public library must maintain a level of local public library funding equal to or greater than the average funding for the three years preceding participation.  The commission shall adopt rules to implement this requirement.
Added by Acts 1999, 76th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1999.