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RULE §3.1Definitions

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.

  (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--Any library that the Director and Librarian or the commission designates as a depository library for state publications.

  (5) Depository publication--A state publication in any format distributed from or on behalf of the Texas State Library and Archives Commission to a depository library.

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

  (7) Electronic external storage devices--Removable electronic media used to store and transfer electronic information.

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

  (9) Internet connection--A combination of hardware, software and telecommunications services that allows a computer to communicate with any other computer on the worldwide network of networks known as the Internet, and that adheres to the standard protocols listed in Internet standards documents of the Internet Engineering Steering Group, Internet Architecture Board, and Internet community.

  (10) Internet publication--A publication that is published on the Internet as a file or files accessible by Internet connection.

  (11) On-line--Accessible via a computer or terminal, rather than on paper or other medium.

  (12) Physical format--A tangible system for the compilation and presentation of information, including print publications and electronic external storage devices as defined in this chapter.

  (13) Print publication--A publication:

    (A) that is published in a format that is accessible without the use of a computer, including information published on paper, in microformat, on audio tapes, vinyl discs or audio compact discs, on videotape or film, or on any other media that are not specifically cited in this definition; and

    (B) that is not an Internet publication as defined in this section.

  (14) 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 user name and password, or upon request via open records laws, is not deemed publicly distributed.

  (15) Report--A report:

    (A) that is not confidential, prepared by a state agency in any format and is required by statute, rule, or rider in the General Appropriations Act to be submitted to: the governor, a member, agency, or committee of the legislature, another state agency, and is publicly distributed; and

    (B) that is prepared by a state agency in electronic, Internet or online format and is determined appropriate for submission through the Texas Digital Archive by Director and Librarian

  (16) Serial--Issued in successive parts bearing numerical or chronological designations and intended to be continued indefinitely. The term includes, but is not limited to: periodicals, newspapers, reports, yearbooks, journals, minutes, proceedings, transactions.

  (17) 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.

  (18) State agency--Any entity established or authorized by law to govern operations of the state such as a state office, department, division, bureau, board, commission, legislative committee, authority, institution, regional planning council, university system, institution of higher education as defined by Texas Education Code, §61.003, or a subdivision of one of those entities.

  (19) State publication--Information in any format that is produced by the authority of or at the total or partial expense of a state agency or is required to be distributed under law by the agency and is publicly distributed by or for the agency. The term does not include information the distribution of which is limited to contractors with or grantees of the agency, persons within the agency or within other government agencies, or members of the public under a request made under the open records law, Government Code, Chapter 552 if it does not otherwise meet the definition of a state publication.

  (20) 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.

  (21) 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.

  (22) 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.

  (23) Texas Records and Information Locator (TRAIL)--A program of the Texas State Library and Archives Commission designed to locate, index, and make available state publications in electronic format.

  (24) Texas State Library and Archives Commission--The staff, collections, archives, and property of the Texas State Library and Archives Commission organized to carry out the commission's responsibilities.

  (25) 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 Internet 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).

  (26) Uniform Resource Locators--The syntax and semantics of formalized information for location and access of resources on the Internet, as specified in Internet standards documents of the Internet Engineering Steering Group, Internet Architecture Board, and Internet community.

  (27) Website-- A state website maintained by or for a Texas state agency, including an institution of higher education, intended to provide access to state government information, including electronic format state publications. State agency websites, excluding institutions of higher education, are web harvested by the TRAIL service.

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

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