Part 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
Chapter 1. LIBRARY DEVELOPMENT
Subchapter B. STANDARDS FOR ACCREDITATION OF A MAJOR RESOURCE SYSTEM OF LIBRARIES IN THE TEXAS LIBRARY SYSTEM
The Texas State Library and Archives Commission adopts amendments to 13 TAC §1.47 and §1.67, regarding standards for accreditation of a system in the Texas Library System, without changes to the text as published in the April 27, 2007, issue of the Texas Register (32 TexReg 2344).
The adopted amendments to §1.47 and §1.67 bring the rules into alignment with the requirements of the program's federal funding source by updating the wording in the rule and moving a section from §1.47 to §1.91 to reflect the Senate Bill 913 directive that system operation grants should fund basic system support services. This language becomes part of adopted amended §1.91 regarding system operation grants.
No comments were received regarding the amended rules.
The amended sections are adopted under the authority of Government Code §441.123 that directs the commission to establish and develop a state library system, and §441.136 that authorizes the director and librarian to propose rules necessary for the administration of the program.
The amended sections affect the Government Code §441.123 and §441.136.
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 June 15, 2007.
TRD-200702484
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: July 5, 2007
Proposal publication date: April 27, 2007
For further information, please call: (512) 463-5459
The Texas State Library and Archives Commission adopts amended rule 13 TAC §1.91, and new §1.96, regarding system operation grants, with changes to the text as published in the April 27, 2007, issue of the Texas Register (32 TexReg 2345).
The adopted amendments to §1.91 move a section from 13 TAC §1.47 to §1.91 to reflect the Senate Bill 913 directive that system operation grants should fund basic system support services. This language becomes part of amended rule §1.91 regarding system operation grants. Basic system support services are defined as administration of the grant, continuing education and consulting. A new rule 13 TAC §1.96 is adopted in response to the Senate Bill 913 provision that removes the funding formula from statute and directs the agency to adopt a formula in rule. The new §1.96 establishes a new formula for system operation grants; this new rule was developed using the process recommended by the Sunset Commission.
Two comments were received from Houston area librarians regarding the new §1.96. A minor editorial change was made to §1.91(b) to clarify the staffing levels mentioned in this section.
The first comment received expressed support for one of the alternative funding formulas that was not the formula recommended by the Library Systems Act Advisory Board. The second comment received expressed concerns that the formula for systems funding is weighted in favor of maintaining many small community libraries, that the agency should be encouraging the development of county or regional libraries, and that larger organizations are generally better funded, better able to negotiate discounted purchases, and better able to support staff education and development, all of which results in better library service to the community. The comment expressed concern that the proposed formula creates a disincentive for small libraries to join together into a county or regional system by counting libraries with multiple locations as only one library, recognizing that the State is responding to small library demands for "their fair share" but not believing this proposed formula is best in the long term.
Agency response: The agency supports the recommendation of the Library Systems Act Advisory Board. The agency generally agrees that the encouragement of larger units of service is desirable and that larger units of service may offer enhanced benefits. However, the agency does not agree that the system operation grant funding formula will have an effect on local decisions to form larger units of service. The basic system support services received by local libraries from the system program would be available to a local library whether or not it was part of a larger unit. Furthermore, any additional benefits received by local libraries from the system program are a very small percentage of local support and in the agency's experience do not affect local decisions to form larger units of service. The agency recognizes that this formula represents a good effort to balance many conflicting demands.
The amendments and new section are adopted under the authority of Government Code §441.123 of the Library Systems Act that directs the commission to establish and develop a state library system, §441.136 that authorizes the director and librarian to propose rules necessary for the administration of the program, and §441.135 that permits the commission to issue system operation grants.
The amendments and new section affect the Government Code §§441.123, 441.135, and 441.136.
§1.91.System Operation Grants.
(a) System operation grants are to provide basic system support services to member libraries, to coordinate and cooperate with the commission and libraries in the region, and to meet commission or federal goals, and to reimburse libraries for providing specialized services. System operation grants are awarded to major resource and regional library systems operating under an approved program of services and budget.
(b) Each major resource or regional library system must, at minimum, apply for funding to provide basic system support services to member libraries. To meet this requirement, each system must apply for the minimum funding necessary for at least one full-time professional librarian and one full-time equivalent support staff. These staff shall be assigned to administration, continuing education, or consulting duties, to meet commission or federal goals; these staff shall be provided with regional travel, communications, and other operating funds to implement the approved program of services. Major resource or regional library systems may also apply for higher levels of funding, as specified in the grant guidelines issued by the commission.
§1.96.System Operation Grant: Formula.
(a) System operation grant funding shall be allocated to meet commission or federal goals. Allocation formula:
(1) 34% of the total amount specified for system operation grants shall be apportioned equally to the major resource and regional library systems;
(2) 33% of the total shall be apportioned on the number of member libraries in a system as compared to the total number of member libraries; the number of member libraries shall be the number of member libraries on the March 1 preceding the beginning of the state fiscal year; and,
(3) 33% of the total shall be apportioned on a per capita basis by the last decennial census or the most recent population estimate of the United States Department of Commerce, Bureau of the Census. The population base for distribution of these funds is the total population residing within the library system boundaries.
(b) In state fiscal year 2009 and later, all library system grants shall be at least $300,000. The grant amounts awarded to library systems by this section may be adjusted by the commission to achieve this minimum grant.
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 June 15, 2007.
TRD-200702483
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: July 5, 2007
Proposal publication date: April 27, 2007
For further information, please call: (512) 463-5459
The Texas State Library and Archives Commission (commission) adopts the repeal of 13 TAC §1.96 and §1.97 regarding system operation grants without changes to the proposal as published in the April 27, 2007, issue of the Texas Register (32 TexReg 2346).
The Sunset Commission report on the agency and Senate Bill 913 removed the system funding formula from statute and directed the agency to adopt a funding formula in rule. The agency, therefore, adopts the repeal of the existing funding rule and, in a separate action, adopts a new funding rule, 13 TAC §1.96. 13 TAC §1.97 is no longer needed. The provisions of this rule are covered in existing state grant standards and by contract.
No comments were received regarding the repeal of the rules.
The repeal is adopted under the authority of Government Code, §441.136, of the Library Systems Act that authorizes the director and librarian to propose rules necessary for the administration of the program and §441.135 that permits the commission to issue system operation grants.
The adopted repeal affects the Government Code, §441.135 and §441.136.
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 June 15, 2007.
TRD-200702482
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: July 5, 2007
Proposal publication date: April 27, 2007
For further information, please call: (512) 463-5459
Subchapter C. GRANT POLICIES
Division 8.LOAN STAR LIBRARIES GRANT PROGRAM, GUIDELINES FOR PUBLIC LIBRARIES
The Texas State Library and Archives Commission (commission) adopts the amendment to 13 TAC §2.814, regarding funding formula for the Loan Star Libraries Grant Program without changes to the proposed text as published in the April 27, 2007, issue of the Texas Register (32 TexReg 2346).
This amended rule, as adopted, revises the funding formula for distribution of grant funds to Texas public libraries through the Loan Star Libraries program, whose general purpose is to assist local governments to improve their library services. Grants will aid local communities to maintain, improve, and enhance local library services and will provide Texans who are not residents of a particular local community access to and services from the many participating public libraries. The funding formula was revised through a participatory process to meet library funding needs under a new funding pattern the agency is instituting for the next biennium.
No comments were received regarding the amended rule.
The amended rule is adopted under the authority of Government Code, §441.0091, concerning the Grant Program for Local Libraries, that provides the commission authority to award grants to meet specific information needs of residents and specific needs of local libraries, and to adopt rules for awarding grants.
The adopted amendments affect Government Code, §441.0091.
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 June 15, 2007.
TRD-200702480
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: July 5, 2007
Proposal publication date: April 27, 2007
For further information, please call: (512) 463-5457