Texas Administrative Code

(a) Standards for film produced by aperture card/CAD systems are the same as other microfilm formats, except as stated in this section. (b) The original microfilm and enclosure must pass the photographic activity test criteria outlined in the standard ANSI IT9.2. (c) A density te…

(a) Standards for film produced by step-and-repeat systems are the same as other microfilm formats, except as stated in this section. (b) Silver-gelatin microfilm in roll or microfiche form must be used for original microfilm. (c) A density test and a resolution test for original…

(a) Expungement of records must comply with statutory law and standard ANSI/AIIM MS42. (b) If roll film is spliced, the following information must be inserted in place of the expunged record(s): (1) a start of expungement target; (2) replacement documents for documents that were …

(a) Microfilmed records must be destroyed only in accordance with the Government Code, § 441.035. (b) Microfilmed records scheduled for destruction must be disposed of in a manner that ensures protection for any sensitive or confidential information. (c) Destruction of records on…

(a) Microfilm production, including testing, and inspection. (1) Records administrators must require documentation to be maintained that identifies titles of records filmed, quality control tests conducted, the results of quality control tests, dates records filmed, disposition o…

Agencies must adopt procedures to ensure that the public has the same access to information on microfilm as they would be entitled to if the information were recorded in another medium and to protect access to confidential information on microfilm. Where microfilm is the record m…

During a certification period the records management officer must keep the agency's retention schedule current by submitting amendments to the schedule to: (1) add or drop a records series; (2) propose an amended period of time a records series will be retained; (3) propose an am…

(a) To be a candidate for certification, a records retention schedule must: (1) list all records series maintained by the state agency, regardless of medium; (2) indicate whether the records are archival state records or state records that must be reviewed by the state archivist …

(a) If a state agency fails to submit a records retention schedule to the state records administrator for recertification by a required deadline or fails to request an extension, the certification of the currently approved schedule and any approved amendments to the schedule expi…

(a) Without a certified records retention schedule, a state agency must request authorization from the director and librarian for the destruction of any state record. (b) A state agency with a certified records retention schedule must request authorization from the director and l…

(a) A state agency must establish policies and procedures to ensure state records are maintained until the expiration of the retention periods on its records retention schedule. (b) Final disposition of state records must ensure that: (1) archival state records scheduled to be pr…

(a) Authority. The Texas State Library and Archives Commission, hereafter referred to as the commission, is specifically empowered to adopt rules for the creation, protection, maintenance, and storage of electronic state records. Also, the commission may adopt other rules it dete…

The following words, terms, acronyms, and concepts when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Terms defined in Texas Government Code § 441.180 shall have the meaning assigned by statute. (1) Archival state reco…

State agency heads or designees shall approve and institute written policies and procedures that communicate an enterprise-wide approach for electronic state records management practices, and that create accountability and auditability for the execution of these policies and proc…

(a) Each state agency must: (1) Manage electronic state records according to the state agency's records management program and certified records retention schedule regardless of format, system, or storage location; (2) Maintain state agency ownership and responsibility for state …

In addition to the minimum requirements in §6.94, the following requirements apply to electronic state records that are archival for the State Archives, archival for an agency archives, permanent, and vital: (1) Archival for the State Archives: Archival electronic state records i…

The Commission will issue guidelines, under the authority of the state records administrator to assist state agencies in fulfilling their duties required under this subchapter, and will update the guidelines as necessary to address technological changes. These guidelines will off…

(a) Any electronic state record may be destroyed only in accordance with a certified records retention schedule per Texas Government Code § 441.185 or, in lieu of being listed on a state agency's certified records retention schedule, a records disposition authorization request ap…

Pursuant to the Texas Business and Commerce Code § 322.017 , the Department of Information Resources and the commission jointly formed the Uniform Electronic Transactions Act Task Force to create rules and develop the Guidelines for the Management of Electronic Transactions and S…

(a) The rules established herein are for CSBG, LIHEAP, and DOE-WAP. Additional program specific requirements are contained within each program Subchapter and Chapters 1 and 2 of this title (relating to Administration and Enforcement, respectively). (b) Programs administered by th…

Subrecipient's Board of Directors must be notified, and evidence of such notification provided to the Department, of any action taken by the Subrecipient's staff to voluntarily relinquish funds or to not accept proposed awards from the Department. Notes 10 Tex. Admin. Code § 6.10…

(a) Purpose and Overview. (1) This section provides the procedures that will be followed for monitoring for compliance with the programs in this chapter, 10 TAC Chapter 6. (2) Any entity administering any or all of the programs detailed in this chapter, 10 TAC Chapter 6, is a Sub…

(a) To ensure a clear understanding of the terminology used in the context of the CSBG, LIHEAP, and DOE-WAP programs of the Community Affairs Division, a list of terms and definitions has been compiled as a reference. Any capitalized terms not specifically defined in this section…

(a) In addition to this subchapter, except where noted, the rules established in Subchapter A of this chapter (relating to General Provisions) and Chapters 1 and 2 (relating to Administration and Enforcement, respectively) of this title apply to the CSBG Program. The CSBG Act was…

The Department passes through CSBG funds to Public Organizations and Private Nonprofits that are to comply with the purposes of the CSBG Act. Notes 10 Tex. Admin. Code § 6.202 Adopted by Texas Register, Volume 41, Number 48, November 25, 2016, TexReg 9284 , eff. 12/4/2016 ; Adopt…

(a) The CSBG Act requires that no less than 90% of the state's annual allocation be allocated to Eligible Entities. The Department currently utilizes a multi-factor fund distribution formula to equitably provide CSBG funds throughout the state to the CSBG Eligible Entities. The f…

(a) Construction of Facilities. CSBG funds may not be used for the purchase, construction or improvement of land, or facilities as described in (42 U.S.C. § 9918(a) ). (b) The CSBG Act prohibits the use of funds for partisan or nonpartisan political activity; any political activi…

(a) In accordance with CSBG Organizational Standards, every five years each Eligible Entity shall complete a Strategic Plan using the full Results Oriented Management and Accountability (ROMA) cycle or a comparable system. The Strategic Plan shall, at a minimum, meet the requirem…

(a) An Eligible Entity shall submit information regarding the planned use of funds as part of the CAP as described in § 6.206 of this subchapter (relating to Strategic Plan, Community Assessment, and Community Action Plan). (b) HHS issues terms and conditions for receipt of funds…

(a) General Board Requirements. (1) The Coats Human Services Reauthorization Act ( Public Law 105-285 ) addresses the CSBG program and requires that Eligible Entities administer the CSBG program through a tripartite board. The Act requires that governing boards or a governing bod…

(a) The department may require minimum specific standards and procedures to be used in maintenance of the project during the term of financial assistance. (b) All structures defined as a bridge by the National Bridge Inspection Standards shall be maintained in compliance with app…

(a) Transportation Code, Chapter 222, Subchapter D, establishes a state infrastructure bank as an account within the state highway fund, to be administered by the Texas Transportation Commission. Consistent with applicable legal restrictions on its use, the commission shall use m…

As provided by this chapter, a public or private entity authorized by law to construct, maintain, or finance an eligible project is eligible to apply for financial assistance under Subchapter C of this chapter (relating to Procedures). Notes 43 Tex. Admin. Code § 6.11 The provisi…

(a) The following public or private projects are eligible for financial assistance: (1) construction of a federal-aid highway, including required preliminary studies; (2) a transit project, but only to the extent of funds in the bank that lawfully may be expended for a transit pr…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Bank--The state infrastructure bank account in the state highway fund. (2) Commission--The Texas Transportation Commission. (3) Constru…

The department's Chief Financial Officer or that officer's designee is the contact within the department for the purpose of providing information and assistance to potential applicants. Assistance may include non-binding advice, counsel, and consultation regarding all aspects of …

An applicant may request any form of financial assistance authorized by this chapter, but the form of financial assistance provided from money from the state highway fund that is dedicated under state law, and potentially other sources, is limited as provided by this chapter and …

(a) Basic application. An eligible entity must submit an application to the executive director in a form prescribed by the department. The application must be accompanied by: (1) an overview of the project, including a description of the project, the total estimated cost of the p…

(a) All actions of the bank will be in accordance with applicable federal and state law, and applicable rules and regulations. (b) Grant financing will not be considered. (c) The commission will ensure that the bank maintains on a continuing basis an investment grade rating on it…

(a) Review of application. The department will review an application submitted under Subchapter C of this chapter (relating to Procedures) and advise the applicant of any required information or data that is missing. When the application is complete, the department will so notify…

(a) Commission analysis. The commission will consider all relevant information in the application together with the executive director's findings and recommendations. (b) Consideration of applications for preliminary and final approval. (1) Applications for financial assistance i…

(a) The bank consists of the separate subaccounts specified in this section. (b) The bank contains a highway subaccount and a transit subaccount, each of which may be capitalized with federal funds or a combination of state and federal funds. (c) The commission may create additio…

(a) Form of agreement. An agreement evidencing a loan or other financial assistance may be in the form of a contract or similar document, or may be in the form of a bond, note, or other obligation issued by the applicant. (b) Negotiation of terms. The executive director will nego…

(a) Work performed by the department. The department and the applicant may agree that the department will, consistent with state law, provide all or part of the work connected with the project in the department's normal course of business. For work performed by the department, th…

(a) Plans and specifications. (1) For state highway improvement projects, plans and specifications must be in compliance with the department's applicable design manuals and the latest version of the department's Standard Specifications for Construction of Highways, Streets, And B…

(a) An applicant receiving financial assistance under this chapter shall: (1) repay the financial assistance at the specified interest rate over a specified period as provided in the financial assistance agreement; (2) submit to the department within 30 days of the date of their …

(a) A license holder who is also a first responder, as defined in Section 46.01 , Penal Code, may obtain the first responder certification by: (1) successfully completing the first responder certification course offered by a qualified handgun instructor who is certified as a firs…