Current through Reg. 49, No. 44; November 1, 2024
Section 7.3 - Minimum Requirements for Depositories(a) The depository must maintain regular hours of operation and be open to the public and staffed at least 40 hours per week.(b) The depository must provide a fire resistive stack area with installed metal shelving designed for record storage containers and an area suitable for processing records, heat, air conditioning, janitorial and maintenance service, and professional supervision for the storage, protection, and reference service of historical resources placed in the depository. The shelving area for historical resources shall be sufficiently separated, either physically or by clearly marked shelf labeling, from that used for the depository's own materials, to avoid accidental interfiling. Stack and processing areas must be closed to the public at all times and locked after operating hours.(c) The depository must provide at least one staff member to assist patrons in the use of historical resources and to handle loan requests for historical resources; however, the staff member may provide such assistance in addition to other regular duties. The depository must provide depository materials to researchers and must monitor their use so as to avert destructive handling or theft, but is not required nor expected to perform research for patrons.(d) The depository must provide suitable research space, tables, and chairs for depository patrons and provide other facilities and equipment, such as microfilm readers, necessary to use and copy historical resources.(e) The depository must enforce commission policies concerning researchers' access to and proper handling of historical resources.(f) Regardless of whether the depository is publicly or privately funded, it must make historical resources equally available to all persons 15 years of age or older who request them or to a person aged 12 to 15 who is accompanied by an adult. However, this requirement shall not prevent a depository from denying access to any person whose actions endanger the records or who causes a public danger or disturbance. One adult per juvenile researcher is required, and that person will be held responsible for the child's handling of depository materials. Persons under 12 may not use depository materials.(g) The depository must make historical resources available to researchers free of charge, but a charge may be made for photocopies of historical resources made on depository equipment, or to reimburse the depository for postage or other direct costs incurred in assisting a person, unless prohibited by law.(h) The depository staff must not make any inquiry of any person who applies for inspection or copying of historical resources beyond the purpose of establishing proper identification and the records being requested, and must otherwise comply with state statutes governing access to public information.(i) If the commission deems it necessary or advisable to assure proper care and availability of historical resources, it may establish additional requirements for specific institutions prior to signing agreements designating them as regional depositories.13 Tex. Admin. Code § 7.3
The provisions of this §7.3 adopted to be effective February 19, 1990, 15 TexReg 652.