Part 1.
TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
Chapter 8.
TEXSHARE LIBRARY CONSORTIUM
13 TAC §8.3, §8.5
The Texas State Library and Archives Commission adopts the
amendments to 13 TAC §8.3 and §8.5, regarding the TexShare Library
Consortium, with changes to the proposed text as published in the September
10, 2004, issue of the
Texas Register
(29
TexReg 8739).
The revisions restrict a single academic institution to a single TexShare
membership, eliminating multiple library memberships from the same institution.
The revisions clarify that TexShare member libraries may not enter into agreements
that would have the effect of providing TexShare services to entities that
do not qualify for membership in the consortium.
One comment was received during the comment period, related to §8.5,
"...consortium members may not provide systematic access to consortium services
to persons other than those constituting their primary user communities."
This portion of the rule may be construed to mean that public libraries may
not provide TexShare services to persons living outside the library's service
areas and paying nonresident fees to use library services. This would be counter
to efforts to extend library services to Texans residing in areas not served
by a public library. The wording of the amended rule has been rephrased to
"...consortium members may not provide systematic access to consortium services
to non-member entities."
The amendments are adopted under Government Code §441.225(b),
which authorizes the commission to adopt rules to govern the operation of
the consortium.
The amended sections affect Government Code, §§441.221 - 441.230.
§8.3.Membership.
(a)
Eligibility. Membership in the consortium is open to all
institutions of higher education as determined by the Texas Higher Education
Coordinating Board, and realized through the libraries that serve those institutions,
to libraries of clinical medicine, and to all public libraries that are members
of the state library system, as defined in Government Code, §441.127.
(b)
Agreement. Public libraries will be TexShare Members so
long as they remain members of the state library system. Institutions of higher
education and libraries of clinical medicine must file a membership agreement,
signed by a duly authorized administrative official, on joining the consortium.
Participation in specific programs of the consortium may require additional
agreements and fees.
(c)
Annual Report. Libraries of member institutions of higher
education and member libraries of clinical medicine shall file a current and
complete annual report for the preceding year with the commission by January
15 of each year. Public libraries shall file their state library system reports
as required by §1.85 of this title.
(d)
Multiple Libraries. For institutions of higher education,
the unit of membership in the TexShare Library Consortium shall be the institution.
Institutions of higher education, as determined by the Texas Higher Education
Coordinating Board, with libraries in multiple locations shall apply as a
single unit. Community colleges shall apply per their certification by the
Texas Higher Education Coordinating Board, in accordance with Government Code §61.063.
Public libraries with branches shall apply as a single unit. For libraries
of clinical medicine, the unit of membership shall be the non-profit corporation;
those having multiple locations shall apply as a single unit. The various
locations served by a non-profit corporation must be fully governed and owned
by that non-profit corporation in order to qualify under the non-profit corporation's
membership. Non-profit corporations that amalgamate other, independently-administered
organizations that are not fully governed and owned by that nonprofit corporation
must submit a separate membership application for each independent organization
regardless of any pooled or central funding.
(e)
Suspension of membership.
(1)
Institutions of higher education and libraries of clinical
medicine: Membership will be automatically renewed for each state fiscal year,
provided that the library of clinical medicine or institution of higher education
continues to meet the definition required in subsection (a) of this section;
and an annual report has been filed as required by subsection (c) of this
section.
(2)
Public libraries: Public libraries shall remain TexShare
members so long as they remain members of the state library system.
(3)
Institutions of higher education, libraries of clinical
medicine, and public libraries that no longer meet the definition in subsection
(a) of this section, or are otherwise not qualified, will be suspended from
membership. They may re-join TexShare when they meet the definition in subsection
(a) of this section.
(f)
Members may receive services or be assessed fees based
on demographic, financial, or other information, as reflected in the latest
statistics from the National Center for Educational Statistics, the Texas
Higher Education Coordinating Board, and the Independent Colleges and Universities
of Texas or from the most current statistical data reported to the commission
in the Texas academic library survey and the Texas public library annual report
(filed as required by subsection (c) of this section.)
(g)
Fees. Some consortium services are supported by fees paid
by participants. Fees will be set by the Director and Librarian for different
categories of consortium services, in consideration of the costs involved
in providing these services to member libraries. Complaints regarding fee
assessments will be processed in accordance with procedures outlined in §2.55
of this title.
§8.5.Programs.
(a)
The programs of the consortium shall include activities
designed to facilitate library resource sharing. Such activities may include:
(1)
providing electronic networks, shared databases, reciprocal
borrowing, delivery services, and other infrastructure necessary to enable
the libraries in the consortium to share resources;
(2)
negotiating and executing statewide contracts for information
products and services;
(3)
coordinating library planning, research and development;
or
(4)
training library personnel.
(b)
Programs of the consortium are established and administered
for the benefit of consortium members. Consortium members may sometimes enter
into formal or informal agreements with non-member entities. Under these agreements,
consortium members may not provide systematic access to consortium services
to non-member entities. This provision should not be construed in such a way
as to limit a member institution's ability to provide on-site access to TexShare
databases to members of the public.
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 January 26, 2005.
TRD-200500374
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: February 15, 2005
Proposal publication date: September 10, 2004
For further information, please call: (512) 463-5459
Chapter 35.
A GUIDE TO OPERATIONS, PROGRAMS AND SERVICES
The Texas Commission on the Arts adopts the repeal and replacement
of §35.2, concerning A Guide to Programs and Services, without changes
to the proposed text as published in the November 12, 2004, issue of the
Elsewhere in this issue of the
Texas Register
, the Texas Commission on the Arts contemporaneously withdraws the
repeal and replacement of §35.2 on an emergency basis.
The purpose of the repeal and replacement is to be consistent with changes
to programs and services of the commission as outlined in the Texas Arts Plan
as amended September 2004.
No comments were received regarding adoption of the rules.
Part 3.
TEXAS COMMISSION ON THE ARTS