This section sets up the Records Management Interagency Coordinating Council, requires the council and permanent member agencies to take certain coordination, rulemaking, reporting, and cooperation actions, and gives council members limited pay-related rights and fixed terms for auxiliary and presiding roles.
Sec. 441.203. RECORDS MANAGEMENT INTERAGENCY COORDINATING COUNCIL. (a) The Records Management Interagency Coordinating Council is composed of: (1) permanent members, consisting of the following officers or the officer's designee: (A) the secretary of state; (B) the state auditor, who serves as a nonvoting member; (C) the comptroller of public accounts; (D) the attorney general; (E) the director and librarian; and (F) the executive director of the Department of Information Resources; and (2) auxiliary voting members, consisting of: (A) one faculty member of a public senior college or university, as defined by Section 61.003, Education Code, who has demonstrated knowledge of records and information management; and (B) two individuals who serve as information resources managers, under Section 2054.071, for state agencies in the executive branch of government. (a-1) The presiding officer of the council shall appoint auxiliary voting members in accordance with this section. To be appointed by the presiding officer as an auxiliary voting member for a full or partial term, a person must be nominated by the presiding officer and receive the approval of a majority of the permanent members listed under Subsection (a)(1). (a-2) Auxiliary voting members serve two-year terms, with the terms expiring February 1 of each odd-numbered year. A person who is appointed as an auxiliary voting member or to fill a vacancy of an auxiliary voting member may continue to serve as a member only while the person continues to possess the qualifications for the category under which the person is appointed. (a-3) The presiding officer shall fill a vacancy of an auxiliary voting member for the unexpired term by appointing a person who has the qualifications required under Subsection (a)(2) for the vacated position. A person appointed to fill a vacant position of an auxiliary voting member shall serve for the unexpired portion of the term for which the person is appointed. (b) The position of presiding officer rotates among the permanent members of the council according to the procedures adopted by the council. A term as presiding officer is two years and expires on February 1 of each odd-numbered year. (c) Service on the council is an additional duty of a member's office or employment. A member of the council is not entitled to compensation, but is entitled to reimbursement of travel expenses incurred by the member while conducting the business of the council, as provided in the General Appropriations Act. (d) The council's permanent member agencies shall provide the staff for the council. (e) The council shall: (1) review the activities of each permanent member agency that affect the state's management of records; (2) study other records management issues; and (3) report its findings and any recommended legislation to the governor and the legislature not later than November 1 of each even-numbered year. (f) The council shall adopt policies that coordinate the activities of each permanent member agency and that make other improvements in the state's management of records. The council shall adopt policies under this subsection using the rulemaking procedures prescribed by Chapter 2001. (g) Each permanent member agency shall adopt the policies adopted under Subsection (f) as the permanent member agency's own rules, except to the extent that the policies conflict with other state or federal law. (h) Each permanent member agency shall report on the agency's adoption and implementation of rules under Subsection (g) to the council not later than October 1 of each even-numbered year. (i) In this section, "permanent member agency" means each state officer who is a permanent member of the council or an agency that has a representative who is a permanent member of the council. (j) The council shall categorize state agency programs and telephone numbers by subject matter as well as by agency. The council shall cooperate with the Texas Information and Referral Network under Section 526.0004 to ensure that the council and the network use a single method of defining and organizing information about health and human services. (k) A state agency shall cooperate with the council in the performance of its duties. (l) Participation by the state auditor under Subsection (a) is subject to approval by the legislative audit committee for inclusion in the audit plan under Section 321.013(c). Added by Acts 1997, 75th Leg., ch. 873, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1460, Sec. 3.07, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 79, Sec. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 785, Sec. 15, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(31), eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 3.04, eff. September 1, 2007. Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.16, eff. April 1, 2025.