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RULE §3.2Standard Requirements for State Publications in All Formats

(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.

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

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