13 TAC §1.77
The Texas State Library and Archives Commission proposes
amendments to 13 TAC §1.77, regarding the level of public library local
government support needed for accreditation as a member of the Texas Library
System.
Deborah Littrell, Library Development Division Director, has determined
that for the first five years the amendments are in effect there will be no
fiscal implications for state government as a result of enforcing or administering
the amended section. For the first five years the amendments are in effect
there will be limited fiscal implications for local government as a result
of enforcing or administering the amended section. Local governments whose
public library loses accreditation could lose access to state library assistance
programs including the privileges of Texas Library System membership, the
Loan Star Libraries grant, and TexShare programs.
Ms. Littrell also has determined that for each year of the first five years
the amendments are in effect the public benefits anticipated as a result of
enforcing the amended section will be to help public libraries sustain their
local government support. There are no cost implications to either small or
micro-businesses or individual persons required to comply with the amended
section.
Written comments on this proposal may be submitted to Deborah Littrell,
Director, Library Development Division, Texas State Library and Archives Commission,
Box 12927, Austin, Texas 78711-2927 or via fax to (512) 463-8800.
The amendments are proposed under the authority of Government
Code §441.127, that provides the Commission authority to establish accreditation
standards for system membership.
The proposed amendments affect the Government Code, §441.127.
§1.77.Public Library: Local Government Support.
(a)
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
$13.50
[
$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.
(b)
If a currently accredited library is closed
by action of its governing body, the commission, following a public hearing,
may revoke that library's current membership in the state library system.
This section will not apply if only the library building is temporarily closed
because of natural or man-made disasters, or building construction, renovation,
or maintenance. The library may be re-accredited as a member in the state
library system during the next regular accreditation process, assuming that,
by July 31, the library reports data showing that it currently meets all of
the appropriate minimum requirements for membership in the state library system
(as listed in §1.74 of this subchapter, related to Local Operating Expenditures; §1.75
of this subchapter, related to Nondiscrimination; §1.78 of this subchapter,
related to County Librarian's Certificate; §1.81 of this subchapter,
related to Quantitative Standards for Accreditation of Library; §1.83
of this subchapter, related to Other Requirements; and §1.84 of this
subchapter, related to Professional Librarian).
(c)
If a currently accredited library suffers
a funding reduction that causes the library to reduce its hours, staffing,
or budget below its appropriate minimum requirements for membership in the
state library system (as listed in §1.81 of this subchapter, related
to Quantitative Standards for Accreditation of Library), the commission, following
a public hearing, may revoke that library's current membership in the state
library system. The library may be re-accredited as a member in the state
library system during the next regular accreditation process, assuming that,
by July 31, the library reports data showing that it currently meets all of
the appropriate minimum requirements for membership in the state library system
(as listed in §1.74 of this subchapter, related to Local Operating Expenditures; §1.75
of this subchapter, related to Nondiscrimination; §1.78 of this subchapter,
related to County Librarian's Certificate; §1.81 of this subchapter,
related to Quantitative Standards for Accreditation of Library; §1.83
of this subchapter, related to Other Requirements; and §1.84 of this
subchapter, related to Professional Librarian).
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 May 31, 2005.
TRD-200502175
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: July 17, 2005
For further information, please call: (512) 463-5459