TITLE cultural-resources

Part I. Texas State Library and Archives Commission

Chapter 1. Library Development

13 TAC §1.67

The Texas State Library and Archives Commission adopts an amendment to §1.67, concerning references to a federal statute, without changes to the proposed text as published in the October 30, 1998, issue of the Texas Register (23 TexReg 11009) and will not be republished.

The amendment updates references in commission rules to reflect changes in federal law.

The amendment will reduce possible misunderstandings as to which federal statute is being referenced.

No comments were received concerning the adoption of the amendment.

The amendment is adopted under Government Code §441.006 and §441.0091 which provide the Commission with authority to govern the Texas State Library and adopt rules on various subjects.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 18, 1999.

TRD-9901012

Raymond Hitt

Assistant State Librarian

Texas State Library and Archives Commission

Effective date: March 10, 1999

Proposal publication date: October 30, 1998

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


13 TAC §1.73

The Texas State Library and Archives Commission adopts an amendment to §1.73, concerning the legal establishment of a public library, without changes to the proposed text as published in October 30, 1998, issue of the Texas Register (23 TexReg 11010) and will not be republished.

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

This amendment adds as a form of legal establishment those public libraries established as library districts by the provisions of Local Government Code, Chapter 326, clarifies the definition of public library service, and corrects a statutory citation.

One comment was received in support of the adoption of the amendment that includes as a form of legal establishment those public libraries established as library districts by the provisions of Local Government Code, Chapter 326.

The amendment is adopted under Government Code §441.006 and §441.0091 which provide the Commission with authority to govern the Texas State Library and adopt rules on various subjects.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 18, 1999.

TRD-9901011

Raymond Hitt

Assistant State Librarian

Texas State Library and Archives Commission

Effective date: March 10, 1999

Proposal publication date: October 30, 1998

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


13 TAC §1.85

The Texas State Library and Archives Commission adopts an amendment to §1.85, concerning annual reports, without changes to the proposed text as published in October 30, 1998, issue of the Texas Register (23 TexReg 11011) and will not be republished.

The amendment removes an outdated policy that required public libraries to file an annual report within 90 days after the end of the local fiscal year.

The amendment sets April 30 as the date by which a public library shall file a current and complete annual report with the Texas State Library and Archives Commission.

No comments were received concerning the adoption of the amendment.

The amendment is adopted under Government Code §441.006 and §441.0091 which provide the Commission with authority to govern the Texas State Library and adopt rules on various subjects.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 18, 1999.

TRD-9901010

Raymond Hitt

Assistant State Librarian

Texas State Library and Archives Commission

Effective date: March 10, 1999

Proposal publication date: October 30, 1998

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


Chapter 2. General Policies and Procedures

Subchapter C. Grant Policies

1. General Grant Policies

13 TAC §2.119

The Texas State Library and Archives Commission adopts an amendment to §2.119, concerning negotiated grants, without changes to the proposed text as published in October 30, 1998, issue of the Texas Register (23 TexReg 11011) and will not be republished.

The section must be amended to permit the commission to award contracts for a new type of support for public libraries.

The amendment adopts guidelines for grants to regional and major resource library systems so that these systems may establish programs to provide technical assistance to library staff in local public libraries to implement new technology.

Under this amendment the commission staff will negotiate grant agreements with library systems to help library staff use and maintain information resource technology.

No comments were received concerning the adoption of the amended section.

The amendment is adopted under Government Code §441.006 and §441.0091 which provide the Commission with authority to govern the Texas State Library and adopt rules on various subjects.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 18, 1999.

TRD-9901009

Raymond Hitt

Assistant State Librarian

Texas State Library and Archives Commission

Effective date: March 10, 1999

Proposal publication date: October 30, 1998

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


4. Library Establishment Grants, Guidelines for Public Libraries

13 TAC §§2.140-2.146

The Texas State Library and Archives Commission adopts new §§2.140-2.146, concerning Grants to Establish Public Libraries. New §2.142 is adopted with changes to the proposed text as published in October 30, 1998, issue of the Texas Register (23 TexReg 11012). Sections 2.140, 2.141 and §§2.143-2.146 are adopted without changes to the proposed text and will not be republished.

The new sections contain guidelines for grants to establish public libraries in counties and cities without publicly supported library service.

These sections will enable organizations to prepare applications for financial assistance from the Commission.

One comment was received from Westbank Community Library staff concerning proposed §2.142 stating that it needlessly excluded library districts as an eligible applicant for Library Establishment Grants.

The commission concurs with the comment made by Westbank Community Library staff; therefore, the phrase specifically excluding library districts has been deleted from §2.142.

The new sections are adopted under the Government Code §441.006, §441.0091, and §441.136 which provide the Commission with the authority to govern the Texas State Library and adopt rules on various subjects.

§2.142. Eligible Applicants.

(a)

Applications will be accepted from the governing authority of counties without countywide public library service, and cities without public library service, and library sales tax districts. An eligible county is defined as one with no existing countywide publicly supported library service, or a county served by a library that has not expended city, county, or school district funds for the past three years. An unserved city is one without available public library service that has not expended city, county, or school district funds for public library service for the past three years.

(b)

Applicants may apply for second and third year funding. Staff will recommend that the Commission award second and third year grants without further review if the following criteria are met:

(1)

the applicant demonstrates appropriate progress toward meeting all criteria for membership in the Texas Library System as set forth in 13 TAC §§1.71-1.85 (relating to Minimum Standards for Accreditation of Public Libraries in the State Library System),

(2)

the applicant submits a grant application, and

(3)

the applicant submits statistical and financial reports in a timely manner.

(c)

If local expenditure levels for the preceding year fall below the required level, the current year's grant will be terminated.

(d)

All funds received under this grant must be refunded to the Texas State Library and Archives Commission if all system membership requirements are not met by the end of the third year.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 18, 1999.

TRD-9901014

Raymond Hitt

Assistant State Librarian

Texas State Library and Archives Commission

Effective date: March 10, 1999

Proposal publication date: October 30, 1998

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