Part 1.
TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
Chapter 2.
GENERAL POLICIES AND PROCEDURES
Subchapter C. GRANT POLICIES
7.
TEXAS READS GRANT PROGRAM, GUIDELINES FOR PUBLIC LIBRARIES
13 TAC §§2.171, 2.172, 2.175
The Texas State Library and Archives Commission proposes
to amend §§2.171, 2.172, and 2.175, regarding the Texas Reads Grant
Program. These proposed amendments will affect the guidelines for the next
round of grant awards to Texas public libraries.
Deborah Littrell, Library Development Division Director, has determined
that for the first five years the sections are in effect there will be no
fiscal implications for state or local government as a result of enforcing
or administering the proposed amendments.
Ms. Littrell has also determined that for each of the first five years
the proposed amended sections are in effect the public benefits anticipated
as a result of enforcing the proposed amended sections will be to allow operation
of the Texas Reads Grant Program, and to protect the interests of the state
as required by law. There are no cost implications to either small businesses
or persons required to comply with the proposed amendments.
Written comments on the proposed amendments may be submitted to Deborah
Littrell, Library Development, Texas State Library and Archives Commission,
Box 12927, Austin, Texas 78711, or by fax to (512) 463-8800.
The amendments are proposed under the authority of Government
Code §441.0092, that provides the commission authority to make grants
to fund programs to promote reading and literacy through public libraries,
determine eligibility standards for grants, provide procedures for grant applications,
and determine the recipient and amount of each grant. The collection of revenue
to fund the grant program is authorized under Transportation Code §504.616.
The proposed amendments affect the Government Code §441.0092 and the
Transportation Code §504.616.
§2.171.Eligible Applicants.
Public libraries and local public library systems, through their governing
authority (city, county, corporation, or district) are eligible to apply for
grants. To receive a grant, applicants must be members of the Texas Library
System for the fiscal year the grant contracts are issued.
Libraries
or library systems will not be awarded more than one grant in a single grant
cycle. Libraries or library systems will not be awarded a grant in two consecutive
grant cycles.
§2.172.Eligible Expenses.
(a)
This grant program will fund costs such as materials, professional
services (e.g. speakers' fees, temporary personnel), and other expenses needed
to implement a program.
(b)
This grant will not fund the following:
(1)
Building construction or expansion;
(2)
Food, beverages, gifts, prizes;
(3)
Equipment or technology not specifically needed to provide
a reading or literacy program;
(4)
Collection development projects
with no programming component;
(5)
Advertising or public relations
costs that are not directly related to promoting awareness of grant-funded
activities;
(6)
Performers or presenters not
directly related to reading promotion;
(7)
[
(8)
[
§2.175.Decision Making Process.
(a)
To be considered for funding by the Texas State Library
and Archives Commission, an application must receive a minimum adjusted mean
score of 50 percent of the maximum points available. Commission staff will
tabulate the panel's work using a method that eliminates the high and low
score, called an adjusted mean score.
(b)
Applications will be ranked in priority order by score
for consideration by the commission.
(c)
If insufficient funds remain to fully fund the next application,
staff will make a determination regarding whether to negotiate a reduced grant
with the next ranked applicant, or retain the balance for a later funding
cycle.
(d)
If the panel recommends funding an application that, for
legal, fiscal, or other reasons, is unacceptable to the staff, a contrary
recommendation will be made. The panel will be informed of this situation
prior to presentation to the commission. [
(e)
If the panel is unable to produce a set of recommendations
for funding, the staff will use the same evaluation procedures to develop
recommendations to the commission.
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 March 11, 2005.
TRD-200501116
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: April 24, 2005
For further information, please call: (512) 463-5459
13 TAC §§3.1 - 3.17
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas State Library and Archives Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Library and Archives Commission
proposes to repeal Chapter 3, §§3.1 - 3.17, regarding the State
Publications Depository Program. Staff review of the rules governing that
service indicates that the chapter needs to be restructured and language needs
to be updated to improve clarity of the rules and to bring the rules in line
with current practices. The commission proposes to replace the repealed rules
with an updated, restructured set of rules governing this service.
Beverley Shirley, Division Director has determined that for the first five-year
period the repeals are in effect there will be no fiscal implications for
state or local government as a result of the repeals.
Ms. Shirley has also determined that for each of the first five years the
repeals are in effect the public benefits anticipated as a result of enforcing
the repeals will be to update the rules and to bring the rules for deposit
of state publications into closer alignment with current practices. There
is no effect on small or micro businesses. There is no anticipated economic
cost to persons who are required to comply with the sections as proposed.
Written comments on the repeals may be submitted to Beverley Shirley, Library
Resource Sharing Division, Texas State Library and Archives Commission, Box
12927, Austin, Texas 78711-2927; fax: (512) 936-2306.
The repeals are proposed under Government Code §441.102(a),
which requires the Texas State Library and Archives Commission to adopt policies
to ensure the distribution of state publications to depository libraries;
Government Code §441.103(b), which requires the Texas State Library and
Archives Commission to adopt policies to ensure the acquisition of state publications
from state agencies and institutions of higher education; Government Code §441.104(7)
- (9), which requires the Texas State Library and Archives Commission to adopt
policies to provide indexes of and electronic access to all state publications
in electronic format, and Government Code §441.010(b), which establishes
an electronically searchable central grant database.
The repeals affect Government Code, §§441.101 - §441.106.
§3.1.Definitions.
§3.2.State Publications in Multiple Information Formats.
§3.3.Standard Deposit Requirements for State Publications in All Formats.
§3.4.Special Depository Requirements for Print State Publications.
§3.5.Standard Exemptions for State Publications in Print Format Only.
§3.6.Standard Exemptions for State Publications in Electronic Format Only.
§3.7.Special Exemptions.
§3.8.State Publications Contact Person.
§3.9.Publication Reporting Form.
§3.10.Designation of Depository Library Status for Printed State Publications.
§3.11.Termination of Designated Depository Library Status for Printed State Publications.
§3.12.Minimum Standards for Designated Print Depository Libraries.
§3.13.Designation of Depository Library Status for Electronic State Publications.
§3.14.Termination of Designated Depository Library Status for Electronic State Publications.
§3.15.Minimum Standards for Designated Electronic Depository Libraries.
§3.16.Compliance Review/Inspection of Designated Depository Libraries.
§3.17.TRAIL Grant Database.
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 March 11, 2005.
TRD-200501118
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: April 24, 2005
For further information, please call: (512) 463-5459
13 TAC §§3.1 - 3.13
The Texas State Library and Archives Commission proposes
new Chapter 3, §§3.1 - 3.13, regarding the State Publications Depository
Program. Staff review of the rules governing that service indicates that the
existing chapter needs to be restructured and language needs to be updated
to improve clarity of the rules and to bring the rules in line with current
practices. The commission proposes to repeal the rules, replacing them with
an updated, restructured set of rules governing this service.
Beverley Shirley, Division Director has determined that for the first five-year
period the new rules are in effect there will be no fiscal implications for
state or local government as a result of the new rules.
Ms. Shirley has also determined that for each of the first five years the
new rules are in effect the public benefits anticipated as a result of enforcing
the new sections will be to update the rules and to bring the rules for deposit
of state publications into closer alignment with current practices. There
is no effect on small or micro businesses. There is no anticipated economic
cost to persons who are required to comply with the sections as proposed.
Written comments on the new rules may be submitted to Beverley Shirley,
Library Resource Sharing Division, Texas State Library and Archives Commission,
Box 12927, Austin, Texas 78711-2927; fax: (512) 936-2306.
The new rules are proposed under Government Code §441.102(a),
which requires the Texas State Library and Archives Commission to adopt policies
to ensure the distribution of state publications to depository libraries;
Government Code §441.103(b), which requires the Texas State Library and
Archives Commission to adopt policies to ensure the acquisition of state publications
from state agencies and institutions of higher education; Government Code §441.104(7)
- (9), which requires the Texas State Library and Archives Commission to adopt
policies to provide indexes of and electronic access to all state publications
in electronic format, and Government Code §441.010(b), which establishes
an electronically searchable central grant database.
The new rules affect Government Code, §§441.101 - 441.106.
§3.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Agency Advisory Committee--The advisory committee for the
TRAIL grants database program authorized by Government Code §441.010(e).
(2)
Commission--The Texas State Library and Archives Commission.
(3)
Depository library--Any library that the Director and Librarian
or the commission designates as a depository library for state publications.
(4)
Depository publication--A state publication in any format
distributed from or on behalf of the Texas State Library and Archives Commission
to a depository library.
(5)
Director and Librarian--Chief executive and administrative
officer of the Texas State Library and Archives Commission.
(6)
Electronic external storage devices--Removable electronic
media used to store and transfer electronic information.
(7)
Electronic format--A form of recorded information that
can be processed by a computer.
(8)
Grant--shall have the meaning given in Government Code §441.010(a)(2).
(9)
Internet connection--A combination of hardware, software
and telecommunications services that allows a computer to communicate with
any other computer on the worldwide network of networks known as the Internet,
and that adheres to the standard protocols listed in Internet standards documents
of the Internet Engineering Steering Group, Internet Architecture Board, and
Internet community.
(10)
Internet publication--A publication is that published
on the Internet as a file or files accessible by Internet connection.
(11)
On-line--Accessible via a computer or terminal, rather
than on paper or other medium.
(12)
Physical format--A tangible system for the compilation
and presentation of information, including print publications and electronic
external storage devices as defined in this chapter.
(13)
Print publication--a publication
(A)
that is published in a format that is accessible without
the use of a computer, including information published on paper, in microformat,
on audio tapes, vinyl discs or audio compact discs, on videotape or film,
or on any other media that are not specifically cited in this definition,
and
(B)
that is not an Internet publication as defined in this
section.
(14)
Public Advisory Committee--The advisory committee for
the TRAIL grants database authorized by Government Code §441.010(g).
(15)
Publicly distributed--Provided to persons outside of the
agency, in print or other physical medium, or by an Internet connection, or
from a limited local area network on agency premises, or at another location
on behalf of the agency.
(16)
Serial--Issued in successive parts bearing numerical or
chronological designations and intended to be continued indefinitely. The
term includes, but is not limited to: periodicals, newspapers, reports, yearbooks,
journals, minutes, proceedings, transactions.
(17)
State agency--Any entity established or authorized by
law to govern operations of the state such as a state office, department,
division, bureau, board, commission, legislative committee, authority, institution,
regional planning council, university system, institution of higher education
as defined by Texas Education Code, §61.003, or a subdivision of one
of those entities.
(18)
State publication--Information in any format that is produced
by the authority of or at the total or partial expense of a state agency or
is required to be distributed under law by the agency, and is publicly distributed
by or for the agency. The term does not include information the distribution
of which is limited to contractors with or grantees of the agency, persons
within the agency or within other government agencies, or members of the public
under a request made under the open records law, Government Code, Chapter
552 if it does not otherwise meet the definition of a state publication.
(19)
State Publications Depository Program--A program of the
Texas State Library and Archives Commission designed to collect, preserve,
and distribute state publications, and promote their use by the citizens of
Texas and the United States.
(20)
Texas Records and Information Locator (TRAIL)--A program
of the Texas State Library and Archives Commission designed to locate, index,
and make available state publications in electronic format.
(21)
Texas State Library and Archives Commission--The staff,
collections, archives, and property of the Texas State Library and Archives
Commission organized to carry out the commission's responsibilities.
(22)
Uniform Resource Locators--The syntax and semantics of
formalized information for location and access of resources on the Internet,
as specified in Internet standards documents of the Internet Engineering Steering
Group, Internet Architecture Board, and Internet community.
§3.2.Standard Requirements for State Publications in All Formats.
(a)
State agencies are required to deposit or make accessible
copies of all state publications that have not been exempted from the State
Publications Depository Program in §3.6 of this title (relating to Standard
Exemptions for State Publications in All Formats) or under §3.7 of this
title (relating to Special Exemptions).
(b)
When a state publication is distributed to the public in
multiple formats simultaneously, state agencies are required to provide access
to or copies of that publication to the commission in all formats in which
the publication is publicly distributed. State agencies are not required to
provide copies to the commission of publications on electronic external storage
devices if the state publications are made available by an Internet connection.
(c)
Records retention. State agencies are reminded that compliance
with this chapter does not constitute compliance with records retention rules
for state government records. See Texas State Records Retention Schedule (second
edition or subsequent edition as applicable) and §§6.1 - 6.10 of
this title for complete information about records retention requirements.
(d)
Archival publications. For those publications defined as
archival (see §6.1 of this title), one copy must be submitted to the
Texas State Archives in accordance with §§6.91 - 6.99 of this title.
§3.3.Standard Deposit and Reporting Requirements for State Publications in Physical Formats.
(a)
The standard number of copies of state publications in
physical formats to be deposited is based on the number of copies produced,
the type of publication or the medium in which it is made available.
(1)
For most state publications in physical formats:
(A)
If 300 or more copies are produced, fifty-five (55) copies
must be deposited with the State Publications Depository Program.
(B)
If fewer than 300 copies are produced, four (4) copies
must be deposited with the State Publications Depository Program.
(2)
Some state publications in physical formats must be deposited
in the following minimum quantities regardless of the number of copies or
different media originally intended to be produced by the agency. Agencies
are expected to incorporate these deposit requirements into their printing
or reproduction orders:
(A)
Fifty-five (55) copies of the following state publications
must be deposited with the State Publications Depository Program:
(i)
Annual or biennial reports (narrative description and statistics
of programs, services, activities);
(ii)
Statistical compilations (annual or multi-year);
(iii)
Codes (published as compendia);
(iv)
Regulations (published as compendia); and
(v)
Directories (of facilities, services, providers).
(B)
Three (3) copies of the following state publications must
be deposited with the State Publications Depository Program:
(i)
Annual financial reports;
(ii)
Annual operating budgets; and
(iii)
State or strategic plans (for agency services, programs
within its jurisdiction).
(C)
Two (2) copies of the following state publications must
be deposited with the State Publications Depository Program:
(i)
Requests for legislative appropriations; and
(ii)
Quarterly and annual reports of measures.
(b)
For state publications available in electronic format but
not by an Internet connection:
(1)
State agencies must deposit electronic state publications
on electronic external storage devices only when they are not accessible to
the public by Internet connection.
(2)
State agencies must meet the following requirements when
submitting state publications on electronic external storage devices:
(A)
Computer Diskette. One (1) copy of all applicable state
publications must be submitted on three and one-half inch, 1.44 megabyte high
density disks, configured to an MS-DOS platform and formatted in ASCII (American
Standard Code for Information Interchange) or other software approved by the
Texas State Library and Archives Commission.
(B)
Compact Disks--Read-Only Memory. One (1) copy of all applicable
state publications must be submitted on disks that adhere to standards of
ISO (International Organization of Standards) 9660. Files shall be formatted
in ASCII, or other software that is provided and is in the public domain or
has been purchased with a license agreement to distribute it with each copy
of the disk. If the file is compressed, software and instructions must be
included on the disk to decompress all data directly to a hard drive from
commands found in a file on the root directory.
(C)
State Publications on Other Electronic External Storage
Devices. For new or improved media that may become commonly available, one
(1) copy of all applicable state publications may be submitted. All such devices
or media for submitting state publications must be approved by the Director
and Librarian and must adhere to standards set by the Texas State Library
and Archives Commission.
(c)
Reporting
(1)
Each state agency must submit a publication reporting form
that describes state publications in physical formats as they become available.
(2)
State publications submitted in physical formats must be
listed on a paper form that is enclosed with each shipment.
§3.4.Standard Deposit and Reporting Requirements for State Publications that are Internet Publications.
For state publications available by an Internet connection:
(1)
State agencies are required to provide the Texas State
Library and Archives Commission with guaranteed access, at no charge, to the
agencies' Internet publications;
(2)
State agencies must meet the following minimum requirements
when providing state publications by Internet connection:
(A)
Accessibility. State publications made available by an
Internet connection shall be accessible:
(i)
by anonymous File Transfer Protocol (FTP), Telnet, Gopher,
Hyper Text Transfer Protocol (HTTP) or other electronic means as defined in
Internet standards documents of the Internet Engineering Steering Group, Internet
Architecture Board, and Internet community; and
(ii)
by a Uniform Resource Locator (URL) provided by the agency
that describes each Internet publication's specific name and location on the
Internet; and
(iii)
on alternative electronic formats and interfaces consistent
with requirements of the Americans with Disabilities Act of 1990 and as amended.
(B)
Indexing. Indexed Internet publications shall be accessible
through indexes that meet current ANSI/NISO (American National Standards Institute/National
Information Standards Organization) Z39.50 search and retrieval standards
and that adhere to the application profile of the Federal Information Processing
Standards Publication 192 or its successor document.
(C)
Availability. Issues of a serial Internet publication and
current versions only of all other Internet publications shall be accessible
on-line by Internet connection for two years from the date of release or last
modification with an average availability by the Internet connection of 23
out of 24 hours, seven days a week.
(D)
Supercession. For Internet publications that are updated
as needed to keep information accurate, or that are replaced by other publications,
the superceded versions must remain available by Internet connection.
(3)
Each state publication made available by Internet connection
must include descriptive information in:
(A)
a Title tag;
(B)
a Description or DC.Description meta tag that includes
a narrative description of the publication;
(C)
a Keyword or DC.Subject.Keyword meta tag that includes
selected terms from within the publication;
(D)
a Subject or DC.Subject meta tag that includes terms from
the TRAIL subject list;
(E)
a Type or DC.Type meta tag that includes terms from the
TRAIL publication type list. This tag may be omitted if the appropriate type
for the publication is "Web documents - Undefined."
(4)
State agencies are advised to review the rules in 1 TAC §206.5
(relating to Linking and Indexing State Web Sites).
§3.5.TRAIL Grant Database.
(a)
Agency Requirements
(1)
The commission, in cooperation with the Department of Information
Resources, shall establish an electronically searchable central database accessible
through the commission's on-line access system that allows a person to:
(A)
use keyword searches to discover all available state agency
grant opportunities;
(B)
obtain basic information regarding each available state
agency grant opportunity, including basic information about the program that
the grant recipient will implement, the geographic area in which the grant
recipient will implement the program, the eligibility requirements for obtaining
the grant, and the grant application process; and
(C)
electronically link to the portion of the granting agency's
website at which the person may obtain more detailed information about each
available state agency grant opportunity.
(2)
Each state agency that will award a grant shall, concurrently
with any other action the agency takes to inform the public or any person
about the grant opportunity, report to the commission the information prescribed
in paragraph (3) of this subsection, so that the commission may include information
about the grant in the electronically searchable central database.
(3)
Each state agency shall report all agency-administered
grant opportunities through the use of meta tags on Web pages that describe
or link to a description of that grant opportunity. Those meta tags shall
meet the requirements in §3.4(3) of this title and shall include a Type
or DC.Type meta tag of "Grants or Funding Opportunities."
(b)
Agency Advisory Committee
(1)
Upon appointment by the governor, the Agency Advisory Committee
shall meet to:
(A)
gather input from public and other users of the database;
and
(B)
advise the commission regarding the development of the
database and regarding state agency reporting of grant opportunities.
(2)
The Agency Advisory Committee shall meet in Austin.
(3)
A state agency that is represented on the Agency Advisory
Committee by a person who is not based in the Austin area is responsible for
any travel expenses incurred by its representative.
(4)
The Agency Advisory Committee shall elect a chair from
among members annually.
(5)
The Agency Advisory Committee shall meet at the call of
the chair or of the Director and Librarian, at least once annually.
(6)
The Director and Librarian shall appoint a liaison to the
Agency Advisory Committee to represent the commission.
(c)
Public Advisory Committee
(1)
The commission shall appoint a Public Advisory Committee
composed of five public members to evaluate the operation of the electronically
searchable central database annually.
(2)
The commission shall appoint members of the Public Advisory
Committee from among Texas residents with interest and experience in seeking
and applying for grants.
(3)
Members shall serve three-year terms beginning September
1. At its first meeting, members shall draw lots to establish an initial one-year
term, two initial two-year terms, and two three-year terms. When a vacancy
occurs, the commission may make a new appointment to complete the designated
term of office. Members may be reappointed for two full terms.
(4)
The Public Advisory Committee shall elect a chair from
among members annually.
(5)
The Public Advisory Committee shall meet at the call of
the chair or of the Director and Librarian, at least once annually.
(6)
The Director and Librarian shall appoint a liaison to the
Public Advisory Committee to represent the commission.
§3.6.Standard Exemptions for State Publications in All Formats.
The Director and Librarian has exempted from deposit requirements certain
kinds of state publications. A state agency is not required to deposit or
provide access to these state publications:
(1)
agendas;
(2)
advertisements;
(3)
alumni materials;
(4)
announcements;
(5)
artwork;
(6)
calendars;
(7)
contracts;
(8)
correspondence;
(9)
course schedules;
(10)
curriculum catalogs (departmental only)
(11)
drafts of plans, reports;
(12)
fiction;
(13)
forms;
(14)
fund raising materials;
(15)
grant proposals, bids;
(16)
hearings (transcripts of);
(17)
job listings;
(18)
literary criticisms;
(19)
memorabilia;
(20)
memoranda (including e-mail);
(21)
news or press releases (exemption applies to physical
formats only)
(22)
newsletters and subscriber lists meant only for employee,
faculty or student use;
(23)
notices of sale;
(24)
opinions and orders issued by state courts;
(25)
daily or weekly periodicals (that are summarized in monthly
or quarterly publications);
(26)
personnel manuals;
(27)
photographs;
(28)
poetry;
(29)
policy handbooks intended only for internal use;
(30)
programs (announcements of events, training sessions);
(31)
recruitment materials;
(32)
reprints (reissued without change);
(33)
stationery;
(34)
student publications (those produced by students);
(35)
telephone directories meant only for employee, faculty,
or student use; and
(36)
volunteer newsletters.
§3.7.Special Exemptions.
Upon written application, the Director and Librarian may exempt specific
kinds of state publications and information formats from deposit requirements.
§3.8.State Publications Contact Person.
Each state agency must designate in writing or via the Internet one
person to act as liaison with the State Publications Depository Program for
state publications in physical formats and one person to act as liaison with
the State Publications Depository Program for Internet publications; an agency
may elect to designate the same person to fulfill the liaison duties for both
types of publications. Agencies may request, by writing to the Program, to
designate additional liaisons in cases where the size and complexity of the
agency's publishing activities merit additional coverage. Each liaison must
deposit all state publications within the scope of his or her designated responsibility,
provide information and resolve problems about them, maintain records of the
agency's state publications, negotiate exemptions from deposit requirements,
and submit publication reporting forms.
§3.9.Designation and Termination of Depository Library Status for State Publications in Physical Formats.
(a)
The director of a library in Texas may apply in writing
to the Director and Librarian for designation as a depository library for
state publications in physical formats. After considering the need for additional
access to state publications in physical formats by the public, the number
of copies of state publications available for distribution to depository libraries,
the geographical distribution of existing depository libraries, whether the
applying library will provide access to a unique, unserved or underserved
population, whether it will provide superior access, whether it is a publicly-supported
institution and whether it can meet the minimum standards outlined in §3.10
of this title (relating to Minimum Standards for Designated Depository Libraries
for State Publications in Physical Formats), the Director and Librarian may
grant the applying library depository library status. The Director and Librarian
shall execute an agreement with the library setting forth the responsibilities
of the program and of the depository library. The director of an applying
library whose application is denied may appeal the decision to the Texas State
Library and Archives Commission.
(b)
Depository status may be terminated by either party upon
six-months' written notice. In the event of termination, title to the collection
shall be retained by the Texas State Library and Archives Commission. The
Texas State Library and Archives Commission may remove the collection to the
Texas State Library and Archives Commission or to another depository library.
§3.10.Minimum Standards for Designated Depository Libraries for State Publications in Physical Formats.
(a)
To meet minimum standards, a designated depository library
for state publications in physical formats must:
(1)
process and shelve state publications in physical formats
within 30 days of receipt;
(2)
check all shipping lists to insure that state publications
in physical formats are received, and if not, promptly claimed;
(3)
mark and date state publications in physical formats received
in shipments to distinguish them from state publications received from other
sources;
(4)
provide an orderly, systematic record of depository holdings
and subsequent arrangement of state publications in physical formats;
(5)
furnish a minimum of 400 linear feet of shelving for depository
publications in physical formats;
(6)
designate a professional librarian to be responsible for
state publications in physical formats and to act as liaison with the Texas
State Library and Archives Commission;
(7)
provide reference service from state publications to all
Texas residents;
(8)
provide access to state publications through reference
tools, public catalogs, and national, state, and local computer networks that
is comparable with that of similar information available through the library;
(9)
implement a circulation and interlibrary loan policy for
state publications in physical formats that is consistent with the institution's
general loan policy;
(10)
retain state publications in physical formats for a minimum
of five years unless otherwise instructed, and submit a disposal list in electronic
format to the Texas State Library and Archives Commission for distribution
before such state publications are discarded;
(11)
provide appropriate equipment for the retrieval, use and
storage of all state publications in physical formats;
(12)
publicize state publications through displays and announcements
of significant new state publications; and
(13)
display a sign, identifying its depository library status.
(b)
The Director and Librarian may exempt depository libraries
from some or all of the minimum standards defined in this section upon written
request from the depository library. Justification for such exemptions may
include factors such as:
(1)
cooperative agreements made between depository libraries
regarding alternate methods of providing state publications to citizens of
the state, or
(2)
extenuating circumstances at a depository library that
constitute an undue burden on the library in managing its state publications
collection.
§3.11.Designation and Termination of Depository Library Status for State Publications Published as Internet Publications.
(a)
The director of a library in Texas may apply in writing
to the Director and Librarian for designation as a depository library for
state publications published as Internet publications. After considering the
need for additional access to state publications by the public, whether it
will provide superior access, whether it is a publicly-supported institution
and whether it can meet the minimum standards outlined in §3.12 of this
title (relating to Minimum Standards for Designated Depository Libraries for
State Publications Published as Internet Publications), the Director and Librarian
may grant the applying library depository library status. The Director and
Librarian shall execute an agreement with the library setting forth the responsibilities
of the program and of the depository library. The director of an applying
library whose application is denied may appeal the decision to the Texas State
Library and Archives Commission.
(b)
Depository status may be terminated by either party upon
six-months' written notice.
§3.12.Minimum Standards for Designated Depository Libraries for State Publications Published as Internet Publications.
To meet minimum standards, a designated depository library for Internet
publications must:
(1)
enter into an agreement with the Texas State Library and
Archives Commission spelling out specific terms and conditions for the library's
depository library status;
(2)
maintain an Electronic Depository Program server, including
the provision of trained technical staff, climate controlled space, electrical
power and Internet connectivity;
(3)
designate an appropriate contact person to be responsible
for electronic state publications and to act as liaison with the Texas State
Library and Archives Commission; and
(4)
provide, in a manner that is consistent with the depository
library's general interlibrary loan and copying policies, print copies of
Internet-accessible electronic state publications to requesting libraries
in Texas upon demand to fill patron requests.
§3.13.Compliance Review/Inspection of Designated Depository Libraries.
The Director and Librarian, or designee, may inspect designated depository
libraries to determine compliance with the minimum standards outlined in §3.10
of this title (relating to Minimum Standards for Designated Depository Libraries
for State Publications in Physical Formats) and §3.12 of this title (relating
to Minimum Standards for Designated Depository Libraries for State Publications
Published as Internet Publications). A compliance review self-study report
may be distributed by the Texas State Library and Archives Commission to the
designated depository libraries to determine compliance in lieu of an inspection.
The inspection or compliance review shall determine designated depository
libraries' compliance with minimum standards.
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 March 11, 2005.
TRD-200501119
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: April 24, 2005
For further information, please call: (512) 463-5459
Subchapter A. STANDARDS AND GUIDELINES
(4)
] Transportation/travel for program
participants; or
(5)
] Permanent staff salaries.
A positive recommendation to
the commission will be contingent upon successfully completing these negotiations
prior to the commission meeting.
]
Chapter 3.
STATE PUBLICATIONS DEPOSITORY PROGRAM
Chapter 4.
SCHOOL LIBRARY PROGRAMS