1. (a) State agencies are required to deposit or make accessible copies of all state publications that have not been exempted from the State Publications Depository Program in §3.5 of this title (relating to Standard Exemptions for State Publications in Print Format Only,), in §3.6 of this title (relating to Standard Exemptions for State Publications in Electronic Format Only), or under §3.7 of this title (relating to Special Exemptions). The standard number of copies to be deposited is based on the number of copies produced or the medium in which it is made available.

2. (b) For print state publications only:

   1. (1) If 300 or more copies are produced, 55 copies must be deposited with the State Publications Depository Program.
   2. (2) If fewer than 300 copies are produced, four copies must be deposited with the State Publications Depository Program.

3. (c) For state publications available in electronic format but not by an Internet connection:

   1. (1) State agencies must deposit electronic state publications on electronic external storage devices only when they are not accessible to the public by Internet connection.

   2. (2) State agencies must meet the following requirements when submitting state publications on electronic external storage devices:

      1. (A) Computer Diskette. One copy of all applicable state publications must be submitted on three and one-half inch, 1.44 megabyte high density disks, configured to an MS-DOS platform and formatted in ASCII (American Standard Code for Information Interchange) or other software approved by the Texas State Library.
      2. (B) Compact Disks--Read-Only Memory. One copy of all applicable state publications must be submitted on disks that adhere to standards of ISO (International Organization of Standards) 9660. Files will be formatted in ASCII, or other software that is provided and is in the public domain or has been purchased with a license agreement to distribute it with each copy of the disk. If the file is compressed, software and instructions must be included on the disk to decompress all data directly to a hard drive from commands found in a file on the root directory.
      3. (C) State Publications on Other Electronic External Storage Devices. For new or improved media which may become commonly available, one copy of all applicable state publications may be submitted. All such devices or media for submitting state publications must be approved by the Director and Librarian and must adhere to standards set by the Texas State Library.

4. (d) For state publications available by an Internet connection:

   1. (1) State agencies are required to provide the Texas State Library with guaranteed access, at no charge, to state publications available by an Internet connection.

   2. (2) State agencies must meet the following minimum requirements when providing state publications by Internet connection:

      1. (A) Accessibility. State publications made available by an Internet connection will be accessible:

         1. (i) by anonymous File Transfer Protocol (FTP), Telnet, Gopher, Hyper Text Transfer Protocol (HTTP) or other electronic means as defined in Internet standards documents of the Internet Engineering Steering Group, Internet Architecture Board, and Internet community; and
         2. (ii) by a Uniform Resource Locator (URL) provided by the agency that describes each state publication's specific name and location on the Internet; and
         3. (iii) on alternative electronic formats and interfaces consistent with requirements of the Americans with Disabilities Act of 1990 and as amended.
      2. (B) Indexing. Indexed state publications will be accessible through indexes which meet current ANSI/NISO (American National Standards Institute/National Information Standards Organization) Z39.50 search and retrieval standards and which adhere to the application profile of the Federal Information Processing Standards Publication 192 or its successor document.
      3. (C) Availability. Issues of a serial state publication and current versions only of all other state publications will be accessible on-line by Internet connection for two years from the date of release or last modification with an average availability by the Internet connection of 23 out of 24 hours, seven days a week.
      4. (D) Supercession. For state publications that are updated as needed to keep information accurate, or that are replaced by other publications, the superceded versions must remain available by Internet connection. See §3.9(c)(2) of this title regarding updated publications.
      5. (E) Archival publications. For those publications defined as archival (see §6.1 of this title), one copy must be submitted to the Texas State Archives in accordance with §§6.91 - 6.99 of this title.
5. (e) Records retention. State agencies are reminded that compliance with this section does not constitute compliance with records retention rules for state government records. See Texas State Records Retention Schedule (second edition or subsequent edition as applicable) and §§6.1 - 6.10 of this title for complete information about records retention requirements.

Source Note:The provisions of this §3.3 adopted to be effective March 24, 1997, 22 TexReg 2609; amended to be effective June 27, 2000, 25 TexReg 6095.