TITLE cultural-resources

Part I. Texas State Library and Archives Commission

Chapter 1. Library Development

Subchapter C. Minimum Standards for Accreditation of Libraries in the State Library System

13 TAC §1.77

The Texas State Library and Archives Commission proposes an amendment to §1.77, concerning local government support for public libraries. The purpose of this amendment is to add to the definition of local government sources those libraries established as library districts by the provisions of Local Government Code, Chapter 326.

This amendment reflects state legislation passed allowing the establishment of public libraries through public library taxing districts under certain conditions.

Jeanette Larson, Director of the Library Development Division, has determined that for each year of the first five years the section is in effect, there will be no fiscal implications for state and local government. There will be no fiscal implications for small businesses or individuals as a result of enforcing or administering the section.

Ms. Larson also has determined that for each of the first five years the section is in effect, the public benefits anticipated as a result of enforcing the section is to bring up to date the Commission rules to reflect the state legislation allowing the establishment of public library taxing districts.

Comments may be submitted to Jeanette Larson, Director of the Library Development Division, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas 78711-2927.

The amendment is proposed under the Government Code§441.006(a) and §441.009, which provide the Commission with authority to govern the Texas State Library and adopt rules on various subjects.

The proposed amendment affects Government Code §441.127 and §441.136 and Local Government Code, Chapter 326.

§1.77.Public Library: Local Government Support.

At least half of the annual local operating expenditures required to meet the minimum level of per capita support for accreditation must be from local government sources. A public library that expends at least $10 per capita is exempt from this membership criterion if it shows evidence of some library expenditures from local government sources and is open to citizens under identical conditions without charge. Local government sources are defined as money appropriated by library taxing districts, by school districts , or by city or county governments from their general revenue moneys.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 14, 1999.

TRD-9902189

Raymond Hitt

Assistant State Librarian

Texas State Library and Archives Commission

Earliest possible date of adoption: May 30, 1999

For further information, please call: (512) 463-5440


Chapter 5. County Librarian Certification

13 TAC §§5.7-5.9

The Texas State Library and Archives Commission proposes new §§5.7-5.9 relating to county librarian certification. The sections provide a means of processing complaints from and about county librarians and certifying librarians from other states.

The purpose of the new rules is to bring Chapter 5 more closely in conformance with Government Code 441.007, 441.0071, and 441.0072.

Comments on the proposed rules may be submitted to Jeanette Larson, Director of the Library Development Division, P.O. Box 12927, Austin, Texas 78711-2927.

Jeanette Larson, Director of the Library Development Division, has determined that for each year of the first five years the new rules are in effect there will be no fiscal implications for state and local government. There will be no fiscal implications for small businesses or individuals as a result of enforcing or administering the new rules.

Ms. Larson also has determined that for each of the first five years the section is in effect the public benefits as a result of adopting the proposed rules will be to insure continuous library service in counties funding public libraries.

The new rules are proposed under the Government Code §441.006(a) and §441.007(a) which provides the Commission with authority to govern the Texas State Library and adopt rules on certification of county librarians.

The proposed new rules affect Government Code §§441.007, 441.0071, and 441.0072.

§5.7.Certification of Persons from Other States.

The commission may grant county librarian certification to persons holding a certificate from another state if the requirements for certification from the other state are substantially equivalent to those in §§5.1-5.3 of this section, relating to County Librarian Certification.

§5.8.Complaints Against County Librarians.

(a)

A person may file a complaint with the commission that a county librarian is not properly certified.

(b)

The commission shall maintain records of any complaint filed with the commission regarding the certification of a county librarian in accordance with the specific requirements of Government Code, §441.007(d) and §441.007(e).

§5.9.Administrative Hearing.

(a)

An administrative hearing is available to a person who is denied certification, denied certification at the desired grade level, or whose certification is not renewed or is revoked.

(b)

A person who desires an administrative hearing must make the request in writing to the Director and Librarian who will refer the case to the State Office of Administrative Hearings.

(c)

All contested cases not resolved by commission staff shall be referred to the State Office of Administrative Hearings for disposition in accordance with Administrative Procedure Act (Government Code, Chapter 2001).

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 14, 1999.

TRD-9902190

Raymond Hitt

Assistant State Librarian

Texas State Library and Archives Commission

Earliest possible date of adoption: May 30, 1999

For further information, please call: (512) 463-5440