SECTION 3.1. Definitions  


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  • The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

    (1) Born digital publication--A state publication that originates in electronic format.

    (2) Commission--The Texas State Library and Archives Commission as an agency of the state of Texas, including the staff, collections, archives, operations, programs, and property of the Texas State Library and Archives Commission.

    (3) Complex relational database--A database comprised of multiple inter-related tables that is dynamically updated, that contains only minimal narrative text, and that cannot be accurately represented as a set of static HTML pages or a spreadsheet.

    (4) Depository library--A depository library as defined by Government Code, §441.101(2).

    (5) Director and Librarian--Chief executive and administrative officer of the Texas State Library and Archives Commission.

    (6) Electronic format--A form of recorded information that can be processed by a computer.

    (7) Online publication--A publication that is published on the Internet as a file or files.

    (8) Physical format--A transportable medium in which analog or digital information is published, such as print, microform, magnetic disk, or optical disk.

    (9) Publicly distributed--Provided to persons outside of the agency, in print or other physical medium, or by an Internet connection, or from a limited local area network on agency premises, or at another location on behalf of the agency. Information that is made accessible only through an authentication process, such as a username and password, or upon request via open records laws, is not deemed publicly distributed.

    (10) Removable electronic media--Devices used to store and transfer electronic information.

    (11) Site map--An HTML page providing links to all materials available to the public on a Web site. A site map can provide links to sections or categories within a Web site rather than to each individual document if all documents within each section are inter-linked.

    (12) State agency--A state agency as defined by Government Code, §441.101(3).

    (13) State publication--A state publication as defined by Government Code, §441.101(4).

    (14) State Publications Depository Program--A program of the Texas State Library and Archives Commission designed to collect, preserve, and distribute state publications, and promote their use by the citizens of Texas and the United States.

    (15) Substantive change--A modification of a state publication in any format that represents a fundamental alteration in the information content of a publication. Examples of a substantive change include but are not limited to:

    (A) changes to publicly distributed agency information based on the installation of new leadership in a state agency;

    (B) amendments to agency policies (such as reversals of former policies; expansions of authority via statutory means, rule-making authority, or judicial process; or clarifications of existing policies);

    (C) provision of new information, such as information reports; and

    (D) revisions to previously issued information, such as documents describing the financial status, providing statistical data, or reporting on matters within the agency's area of authority.

    (16) Texas Digital Archive--The digital repository maintained and operated by the Texas State Library and Archives Commission for the preservation of and access to permanently valuable copies of archival state records, reports, and publications.

    (17) Transitory or inconsequential change--A modification of a state publication in any format that represents a minor alteration of the publication and does not alter the essential content of the original publication. A transitory or inconsequential change includes but is not limited to correction of misspellings or typographical errors and the alteration of an online publication due to the expiration of textual information that is linked to time-dependent publications (such as press releases or announcements regarding the activities of an agency's programs).

Source Note: The provisions of this §3.1 adopted to be effective November 18, 2015, 40 TexReg 8021; amended to be effective March 17, 2019, 44 TexReg 1305; amended to be effective November 29, 2023, 48 TexReg 6900