| (a) State agencies are required to furnish copies of
state publications in physical format to the commission or provide
the commission online access to state publications. A state agency
is not required to furnish copies of or provide online access to state
publications that are exempt from the State Publications Depository
Program under §3.5 of this title (relating to Standard Exemptions
for State Publications in All Formats) or §3.6 of this title
(relating to Special Exemptions)
(b) When a state publication is distributed to the
public in multiple formats, state agencies are required to provide
access to or copies of that publication to the commission in all formats
in which the publication is publicly distributed. State agencies are
not required to provide copies to the commission of publications on
removable electronic media if the state publications are made available
to the commission under §3.3(e) of this title or other electronic
submission agreed to by both agencies.
(c) When a state publication changes frequently, as
in the case of an online publication that announces time-dependent
information, state agencies are required to determine whether the
alteration in the publication represents a substantive change or a
transitory or inconsequential change. If the modification is a substantive
change, the original version and the new version must be treated as
separate publications and managed in accordance with §3.3 of
this title (relating to Standard Deposit and Reporting Requirements
for State Publications in All Formats). If the modification is a transitory
or inconsequential change, the two versions are not deemed to be separate
publications.
(d) Submission of publications to the depository program
does not fulfill a state agency's records retention requirements for
those publications.
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| Source Note: The provisions of this §3.2 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 |
