Texas Register
(31 TexReg 1399). The revisions establish
criteria for public school libraries to participate in group purchasing agreements
provided by the TexShare Consortium as specified in SB 483, enacted by the
79th Legislature. The criteria ensure that the resources of qualifying public
school libraries are adequate for participation in these group purchasing
programs, and that their participation will not have the effect of reducing
services to current members. A complete set of guidelines by which a school
may examine the library program and begin to work toward results that are
consistent with educational objectives are found in the school library standards,
13 TAC §4.1.
No comments were received. Staff recommended that the use of the phrase
"public school library" be expanded in order to clarify that "public school
library" is inclusive of libraries at both the district and campus levels.
To accomplish this, the phrase "or public school campus" has been added in §8.1(9)
and §8.5(c).
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 section affects Government Code, §441.221 through §441.230.
§8.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Institution of higher education--An institution of higher
education as defined by Education Code, §61.003, and a private or independent
institution of higher education as defined by Education Code, §61.003.
(2)
Annual Report--A report submitted to the Commission each
year on the member institution of higher education's participation in TexShare
programs, the member library of clinical medicine's participation in TexShare
programs, or in fulfillment of a public library's system membership requirements.
(3)
Commission--The Texas State Library and Archives Commission.
(4)
Consortium--The TexShare Library Consortium.
(5)
Director and Librarian--Chief executive and administrative
officer of the commission.
(6)
Public Library has the meaning assigned by Government Code, §441.122.
(7)
Library of clinical medicine has the meaning assigned to
Non-Profit Corporation by Government Code, §441.221.
(A)
Extensive library services are defined as those services
set forth in §1.81(4)(C) and (D) of this title.
(B)
Extensive collections in the fields of clinical medicine
and the history of Medicine--a minimum of 10,000 library resources in print
and in electronic format, comprised of books, journal titles, technical reports,
and databases on clinical medicine and the history of medicine.
(8)
Public school--any school accredited by under Education
Code Subchapter D Accreditation Status (§§39.071-39.076).
(9)
Public school library--an organized collection of printed,
audiovisual and/or computer resources in a public school or public school
campus (elementary or secondary). A public school library makes resources
and services available to all students, teachers, and administrators. Collections
such as classroom "libraries" or collections of primarily textbooks or other
similar classroom teaching materials are not public school libraries.
(10)
Certified school librarian--a public school staff member
holding a current school librarian certificate issued by the State Board for
Educator Certification under the authority of Education Code, Chapter 21,
Subchapter B (§§21.031-21.058).
(11)
Certified staff member--a public school staff member holding
a current certificate, license, permit, or other credential issued by the
State Board for Educator Certification under the authority of Education Code,
Chapter 21, Subchapter B (§§21.031-21.058).
(12)
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 Internet standards documents of the Internet Engineering
Steering Group, Internet Architecture Board, and the Internet community.
§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.
(c)
Public school libraries may participate in group purchasing
agreements provided by the consortium if such libraries are managed by or
report to a certified school librarian or other certified staff member in
the public school or public school campus.
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 April 28, 2006.
TRD-200602406
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: May 18, 2006
Proposal publication date: March 3, 2006
For further information, please call: (512) 463-5459