PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CHAPTER 2. GENERAL POLICIES AND PROCEDURES
SUBCHAPTER A. PRINCIPLES AND PROCEDURES OF THE COMMISSION
The Texas State Library and Archives Commission proposes to amend 13 TAC §2.53 regarding service complaints. This amendment will specify the actions the agency will take when it receives a complaint. It will enable the agency to comply with a statutory provision as a result of the Sunset review process. It also deletes reference to a program and rule that have been repealed.
Edward Seidenberg, Assistant State Librarian, has determined that for the first five years the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amended rule.
Mr. Seidenberg also has determined that for each of the first five years the rule is in effect the public benefits anticipated as a result of the amended section will be to clarify the complaint process. There are no cost implications to either small businesses or persons required to comply with the revised rule.
Comments on the rule may be submitted in writing to Edward Seidenberg, Texas State Library, P.O. Box 12927, Austin, Texas 78711-2927.
The amended rule is proposed under Texas Government Code §441.018.
The proposed rule affects Government Code §441.018.
§2.53.Service Complaints.
(a) For the purpose of improving services to the public and resolving complaints about services of the Texas State Library, state publications of the library as defined in §3.1 of this title (relating to State Publications Depository Program) shall include a notice that complaints may be made to the director and librarian with the director's mailing address and telephone number. Such notice shall also be posted in all public service areas and public access computer systems.
(b) Complaints regarding service delivery, grants
and the administration of grants will be processed
promptly and efficiently
in accordance with the procedures outlined in §2.55
of this title (relating to Protest Procedure). [Complaints regarding
county librarians certified by the commission will be processed in
accordance with procedures to be included in Chapter 5 of this title
(relating to County Librarian Certification).]
(c) The commission will maintain a record of complaints filed. This will include information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.
(d) The commission will make information available describing its procedures for complaint investigation and resolution. The commission will periodically notify the complaint parties of the status of the complaint until final disposition.
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 June 16, 2008.
TRD-200803089
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: July 27, 2008
For further information, please call: (512) 463-5459
The Texas State Library and Archives Commission proposes new 13 TAC §2.58 regarding use of technology. This rule will specify the agency's policy regarding use appropriate technological solutions to improve the commission's ability to perform its functions. It will also enable the agency to comply with a statutory provision as a result of the Sunset review process.
Edward Seidenberg, Assistant State Librarian, has determined that for the first five years the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.
Mr. Seidenberg also has determined that for each of the first five years the rule is in effect the public benefits anticipated as a result of enforcing the new section will be to articulate the agency's policy regarding the use of technology. There are no cost implications to either small businesses or persons required to comply with the rule.
Comments on the rule may be submitted in writing to Edward Seidenberg, Texas State Library, P.O. Box 12927, Austin, Texas 78711-2927.
The new rule is proposed under Government Code §441.019.
The proposed rule affects Government Code §441.019.
§2.58.Use of Technology.
It is the policy of the commission to use appropriate technological solutions to improve the commission's ability to perform its functions. To the extent practical and possible, the commission will ensure that the public is able to interact with the commission on the Internet.
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 June 16, 2008.
TRD-200803092
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: July 27, 2008
For further information, please call: (512) 463-5459
SUBCHAPTER A. LIBRARY SERVICES FOR BLIND AND PHYSICALLY HANDICAPPED INDIVIDUALS
(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 9, Subchapter A, §§9.1 - 9.14, concerning library services for blind and physically handicapped individuals, in order to thereafter propose new rules for the same.
The current rules have not been significantly revised since their adoption in 1991. The current library services for blind and physically handicapped individuals are undergoing fundamental changes as the Talking Book Program moves from an analog technology to a digital one. Current rules do not cover some of these changes, while other rules need major revision to come into line with the changes to the library service.
Ava Smith, Director of the Talking Book Program, has determined that for the first five years the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repealed rules.
Ms. Smith also has determined that for each of the first five years the rule is repealed the public benefits anticipated as a result of enforcing the repealed sections will be to clarify the process of providing customer service. There are no cost implications to either small businesses or persons required to comply with the repealed rule.
Comments on the proposed repeal of Chapter 9, Subchapter A may be submitted in writing to Ava Smith, Director, Talking Book Program, Box 12927, Austin, Texas 78711-2927; may be faxed to (512) 936-0685; or may be submitted electronically to ava.smith@tsl.state.tx.us.
The repeals are proposed under the authority of Government Code §441.006 that provides the Texas State Library and Archives Commission with authority to govern the Texas State Library.
§9.1.Definitions.
§9.2.Administration.
§9.3.Eligibility.
§9.4.Status Changes.
§9.5.Playback Equipment.
§9.6.Books and Magazines.
§9.7.Use of Mail Service.
§9.8.Misuse of Service.
§9.9.Notification of Potential Suspension.
§9.10.Correction of Problem.
§9.11.Suspension.
§9.12.Reinstatement of Service.
§9.13.Termination of Service.
§9.14.Transfer of Service.
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 June 16, 2008.
TRD-200803097
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: July 27, 2008
For further information, please call: (512) 463-5459
The Texas State Library and Archives Commission proposes new rules for Chapter 9, concerning library services for blind and physically handicapped individuals, replacing current Chapter 9, Subchapter A rules which are in the process of being repealed.
The current rules have not been significantly revised since their adoption in 1991. The current library services for blind and physically handicapped individuals are undergoing fundamental changes as the Talking Book Program moves from analog technology to a digital one. Current rules do not cover some of these changes, while other rules need major revision to come into line with the changes to the library service.
Ava Smith, Division Director, has determined that for the first five years the rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.
Ms. Smith has also determined that for each of the first five years the rules are in effect the public benefits anticipated as a result of enforcing the new sections will be to articulate the agency's policy regarding the policies and procedures for the use of this service. There are no cost implications to either small businesses or persons required to comply with the rules.
Written comments on the proposed new rules may be submitted in writing to Ava Smith, Director of the Talking Book Program, P.O. Box 12927, Austin, Texas 78711-2927; may be faxed to (512) 936-0685; or may be submitted electronically to ava.smith@tsl.state.tx.us.
The new rules are proposed under the authority of Government Code §441.006 that provides the Texas State Library and Archives Commission with authority to govern the Texas State Library.
§9.1.Definitions.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Borrower--An eligible person who has registered with the commission and has borrowed or downloaded at least one book or magazine within the most recent 12-month period, or who is currently subscribing to a magazine distributed through the National Library Service for the Blind and Physically Handicapped.
(2) Veteran--Any person who has been honorably discharged or honorably released from the U.S. Armed Forces. Veteran designation in this instance does not include civilian employees or dependents of the military. Veteran designation in this instance does not include any veterans of military services other than of the United States. Veterans' spouses or dependents who are active borrowers are not eligible for veteran designation in this instance unless they themselves are veterans under this definition.
(3) Books--Braille, audiocassette, large print, and digital publications.
(4) Magazines--Periodical publications in cassette, Braille, large print, or digital format.
(5) Equipment--Any playback machine, accessories, and parts thereof which enable a borrower to listen to books and magazines.
(6) Digital materials and services--Equipment, books, and other services available by means of electronic computer files. These digital materials and services will be available to borrowers in one of three ways:
(A) Digital talking book machine (DTBM)-A hardware device produced by the National Library Service and assigned to the commission for loan to borrowers. These may also include commercially-produced machines purchased by the commission for the purpose of loan to borrowers by the commission.
(B) Digital talking book (DTB)-A book produced by digital recording processes and using flash memory embedded into a hard-plastic cartridge for ease of handling. These specially created books are for exclusive use on the DTBM mentioned in subparagraph (A) of this paragraph. These books are produced either by, or under the direction of, the National Library Service or the commission.
(C) Digital download service-A service provided or funded by either the National Library Service or the commission in which borrowers may download via the Internet audio and/or text computer files containing the contents of books and magazines.
(7) Loan period--The specific period of time that an item is loaned to a borrower. The loan period begins when Texas State Library staff assigns the book to the borrower and ends with the date the item is due back at the state library.
(8) Audit--Periodic inventory of equipment and/or books, as required by the National Library Service. Audits are conducted by the Texas State Library staff.
(9) Competent authority--In cases of blindness, visual disability, or physical limitation, includes doctors of medicine, doctors of osteopathy, ophthalmologists, optometrists, registered nurses, therapists, professional staff of hospitals, institutions, and public or welfare agencies (e.g., social workers, case workers, counselors, rehabilitation teachers, and superintendents). In the absence of any of these, certification may be made by professional librarians or by other persons whose competence is acceptable to the Library of Congress. In the case of reading disability from organic dysfunction, includes only doctors of medicine or osteopathy.
(10) Applicant agreement--A statement signed by each new applicant which states the user agrees to abide by the policies and procedures of the service. New applications will not be processed and service started for any applicant until the agreement is received. Older accounts will require this agreement whenever the user applies for new services. Accounts that are being reopened also will require a copy of this agreement.
(11) Account in good standing--A borrower's account must be kept in good condition in order to receive materials on loan. Minimal requirements for a borrower's account to be considered in good condition are:
(A) borrower is registered for service from the commission; and
(B) borrower continues to meet eligibility requirements as specified in §9.3 of this chapter (relating to Eligibility); and
(C) borrower does not have excessive overdue, lost, or damaged materials and/or machines; and
(D) borrower has not had account suspended for failure to follow procedures and policies as part of the membership agreement or for failure to cooperate with staff in the carrying out of said policies and procedures; and
(E) borrower has not had service suspended for misuse of the service, as specified in §9.11 of this chapter (relating to Misuse of Service).
(12) Commission--The Texas State Library and Archives Commission.
(13) National Library Service for the Blind and Physically Handicapped (National Library Service)--A division of the Library of Congress which operates a free national library service that produces recorded and Braille materials and distributes them to a cooperating network of regional and subregional libraries, to be circulated by postage-free mail to blind and physically disabled borrowers.
(14) Texas State Library--The staff, collections, archives, and property of the Texas State Library and Archives Commission organized to carry out the commission's responsibilities.
(15) U.S. Armed Forces--The Forces are comprised of the following: the U.S. Army, the U.S. Navy, the U.S. Marine Corps, the U.S. Air Force, the U.S. Coast Guard, and all armed auxiliary services of these branches.
§9.2.Administration.
A statewide program of library service for Texas residents who are blind, reading disabled, or physically handicapped is operated and administered by the Texas State Library, Talking Book Program for the Blind and Physically Handicapped. The National Library Service for the Blind and Physically Handicapped provides the Texas State Library with books in Braille, audiocassette, and digital formats under regulations established by the Library of Congress. The National Library Service also provides the Texas State Library with playback equipment for reading materials in audio format. Postage for mailing materials and equipment to and from users is paid by the U.S. Government under the special provisions for "free matter for the blind and other physically handicapped persons."
§9.3.Eligibility.
(a) The following persons are eligible for service:
(1) persons whose visual acuity, as determined by competent authority, is 20/200 or less in the better eye with correcting glasses, or whose widest diameter of visual field is no greater than 20 degrees;
(2) persons whose visual disability, with correction and regardless of optical measurement, is certified by competent authority as preventing reading of standard printed material;
(3) persons certified by competent authority as unable to read or unable to use standard printed materials as a result of physical limitations;
(4) persons certified by competent authority as having a reading disability resulting from organic dysfunction and of sufficient severity to prevent their reading printed material in a normal manner;
(5) persons certified by competent authority as having an allergy or other chemically-based reaction of sufficient severity as to prevent their handling of printed materials in a normal manner.
(b) The following persons are not eligible for service:
(1) persons who are illiterate without having an eligible disability;
(2) persons who cannot read because of mental retardation;
(3) persons who are unable to read because they have a reading disability resulting from a non-organic dysfunction; and
(4) persons who cannot read because of conditions of non-organic dysfunction.
(c) All active users will remain eligible for service, provided they:
(1) continue to meet the requirements for eligibility in the program;
(2) are active borrowers; and
(3) maintain their accounts in "good standing."
§9.4.Application for Service.
(a) Each potential user of the service must submit an application for service. Users reactivating accounts after five years discontinuance must file a new application. The application may be either the specific application issued by the commission or the generic application issued by the National Library Service. Any application must include the following to be accepted and processed:
(1) Signature from a competent authority, as defined in §9.1(5) of this chapter (relating to Definitions). Because the signature must be an actual signature, as specified by the guidelines of the National Library Service, Texas State Library staff cannot accept applications that are photocopied, emailed, faxed, or have a stamped signature;
(2) Signed copy of the applicant agreement;
(3) Alternative contact person, and if applicable, any person authorized to access and make decisions on the user's account;
(4) In the case of an applicant claiming to be a veteran, documentation that confirms the person as an honorably discharged or honorably released veteran of the U.S. Armed Forces.
(b) Incomplete applications or applications that do not meet eligibility requirements will be returned to the applicants.
§9.5.Priority Service to Veterans.
(a) As required by the National Library Service, veterans using the service are to be given priority whenever they request services. Veteran borrowers are subject to the same requirements as other borrowers, namely they must meet eligibility requirements, must keep their accounts in good standing, must not misuse the service, etc.
(b) Veteran borrowers are required to provide documentation to confirm that they are honorably discharged or honorably released from the U.S. Armed Forces. Veteran designation will be removed from a user's account if Texas State Library staff determines that the designation was inappropriately placed on the account.
§9.6.Status of Users.
Registered borrowers of the Texas State Library, Talking Book Program for the Blind and Physically Handicapped should notify the library if any of the following circumstances occur affecting the borrowers' accounts:
(1) the borrower moves to a different address, acquires a different telephone number, or changes email address;
(2) the borrower desires to cancel service permanently or to place service on temporary hold for vacation, illness, or other reasons;
(3) the borrower moves temporarily or permanently to a location outside the state of Texas;
(4) the borrower desires to add a contact person or remove a contact person;
(5) the borrower wishes to designate a person to have access to the account and to act for the borrower;
(6) the borrower wishes to block a person from having access to the account or to request that that person no longer act for the borrower; and
(7) the borrower ceases to be eligible for service.
§9.7.Playback Equipment.
(a) Playback machines may be a cassette machine, a talking book machine, a combination machine, or a digital talking book machine. Equipment may be distributed by the National Library Service to the commission for loan to borrowers, purchased by borrowers, or purchased by the commission for loan to borrowers. All loaned equipment is subject to be returned to the commission by borrowers when requested to do so. Damage or loss of equipment may cause a borrower's account to not be in good standing.
(1) Loan period. Playback equipment may be loaned to any active user who continues to meet eligibility requirements for service and who maintains an account in good standing. Equipment and accessories are loaned free of charge. An active user may keep playback equipment for as long as the user remains in the program and maintains "active" status.
(2) Replacement of equipment. An active user may request replacement of equipment if experiencing difficulty in using equipment or equipment does not operate properly. User may be required to return current equipment before replacement equipment is sent to user.
(3) Number of loaned equipment allowed. An active individual user may not have more than one of each type of playback equipment on loan at any given time. An active institutional user may have more than one of each type of playback equipment on loan at any given time if the institution serves a number of active individual users and machines are available for loan.
(4) Ownership of equipment and accessories. Playback equipment, amplifiers, headphones, and remote controls distributed by the Texas State Library or the National Library Service are the property of the federal government. Any equipment purchased by the commission for loan to active users is the property of the commission.
(5) Repair of playback equipment. Only the Texas State Library is authorized to make repairs to playback equipment on loan to Texas borrowers, or to make the determination that a machine is damaged beyond repair. A machine that needs repair must be returned to the Texas State Library, which will provide a replacement machine. Under no circumstances should a borrower or any other person attempt to repair the playback equipment or accessories.
(6) Repair of accessories. The National Library Service loans amplifiers and remote controls. An amplifier or remote control that needs repair must be returned to the National Library Service.
(7) Non-transferal of equipment. Borrowers must not lend, sell, or otherwise transfer playback equipment to other persons.
(8) Return of equipment. Playback equipment and accessories must be returned to the Texas State Library if the borrower ceases to actively use the service or no longer meets eligibility requirements for the service.
(9) Lost and damaged machines. A borrower is responsible for the good upkeep of any equipment loaned to that borrower. A borrower who repeatedly damages or loses equipment will not receive an automatic replacement, and a moratorium on future loans may be placed on the borrower's account. Borrowers may also face suspension of services in cases of flagrant abuse of equipment.
(10) Misuse of equipment. Borrowers who misuse equipment in a damaging or illegal manner will face suspension of service and may face a moratorium on future loans of equipment.
(11) Recall of equipment. Equipment may be recalled for the following reasons:
(A) periodic maintenance, either scheduled or unscheduled;
(B) as part of a recall issued by the National Library Service;
(C) for the purpose of repairing the machine;
(D) for non-cooperation on the part of the borrower with staff who are implementing and/or enforcing program policies and procedures;
(E) for a borrower's failure to adhere to the patron loan policy, the program's policies and procedures, and/or for abusive, destructive, or threatening behavior toward staff and property of National Library Service and of the commission;
(F) when a borrower no longer meets eligibility requirements for service, ceases to be an active user, or is deceased; and
(G) for any other reason or occasion, as determined by staff in accordance with policies and procedures of the program and/or guidelines provided by the National Library Service.
(b) If a borrower's machine is recalled, a replacement machine will be issued, dependent on the reason for the recall and the availability of a replacement machine. In the case of a general or wide-ranging recall, staff will notify borrowers affected by the recall in as reasonable a timeframe as possible. A borrower who does not cooperate with staff in the recall of equipment may have the loan of that equipment revoked for a period of time in accordance with the program's policies and procedures. A moratorium on future loans of equipment also may be placed on the borrower's account.
(c) Required audits of equipment. A borrower must cooperate with the commission in the auditing of any loaned equipment. Staff may conduct periodic, limited audits, in accordance with guidelines provided by the National Library Service, in which a set number of machines selected for audit must be located and reported as being in the assigned location. Staff may also conduct a regular audit of all equipment, in which all equipment must be located and accounted for. A borrower who does not cooperate with staff conducting an audit may have the loan of all equipment revoked and a moratorium on future loans of equipment placed on the account.
§9.8.Books and Magazines.
(a) Loan period. The loan period for books is 45 days for individuals, 90 days for schools, and 120 days for other institutions. The loan period for magazines is 15 days for individuals and 45 days for schools and other institutions. No fines for overdue books or magazines will be levied, although excessive overdues may result in suspension of service until overdue situation is resolved. A borrower with excessive overdues does not have an account in good standing.
(b) Ownership. Books and magazines in all formats are the property of the federal government, with the following exceptions:
(1) Books or magazines identified as "TSL" are the property of the Texas State Library; and
(2) Magazines distributed by the National Library Service are disposable unless clearly marked "Property of TSL."
(c) Non-transferal of materials. Borrowers must not lend, sell, or otherwise transfer library books or magazines to other persons.
(d) Return of books and magazines. Except for disposable materials, all books and magazines must be returned to the Texas State Library at the end of their loan period. If the borrower becomes ineligible or cancels service, all books and magazines must be returned to the Texas State Library regardless of whether the loan period has ended.
(e) Lost and damaged materials. Excessive numbers of lost and/or damaged books may result in suspension of service until the situation is resolved. Any borrower with an excessive number of lost and/or damaged books and magazines does not have an account in good standing.
§9.9.Availability of Materials.
(a) All materials that are available for distribution to borrowers are distributed either by specific request of the borrower or through an automated selection process based on an array of variables chosen by the borrower. Texas State Library staff monitor borrowers' requests and attempt to keep items in stock which borrowers are likely to demand. Availability of items such as books and magazines are subject to the following circumstances:
(1) popular demand for a particular item;
(2) whether an item has been damaged and removed from the collection;
(3) ability of staff to acquire and/or replace an item; or,
(4) whether an item has been lost.
(b) From time to time, shortages of books, equipment, and other items for distribution to users may occur. In the event of a shortage that will be widespread or has the potential to be of some duration, Texas State Library staff will institute a special process of distribution to insure that items are made available to users in an efficient and equitable manner. The type of process used will be determined by the specific type of shortage and in consultation with staff of the National Library Service.
§9.10.Use of Mail Service.
Borrowers should return all materials through the United States Postal Service. No postage is required to return materials under current postal service regulations. All books, magazines, and equipment should be returned in its original packaging. When returning books, magazines, or equipment, the borrower must deliver the materials or equipment to the United States Postal Service by placing the items in a mailbox or taking them to a post office. Placing them on a doorstep for the mail carrier to pick up does not constitute delivery to the postal service and, if problems arise by use of this method, the borrower is responsible for the lost or damaged materials.
§9.11.Misuse of Service.
The following actions may result in suspension of borrowing privileges:
(1) repeated requests for replacement of equipment that has been damaged through negligence, maliciousness, or unauthorized repair;
(2) excessive numbers of overdue books or magazines;
(3) repeated loss or damage of books or magazines;
(4) abusive, obscene, harassing, or threatening behavior to Texas State Library staff and/or staff of the National Library Service;
(5) repeated loan of books or playback equipment to other persons;
(6) violations of the Patron Loan Policy and/or other policies described in this chapter;
(7) refusal to cooperate with Texas State Library staff carrying out policies and procedures of the program;
(8) not keeping borrower's account in "good standing."
§9.12.Notification of Potential Suspension.
If a borrower is misusing the service, the Texas State Library staff will contact the borrower and attempt to resolve the situation. In most cases, a warning letter will be sent stating that suspension will be applied if the borrower does not cease the misuse of service.
§9.13.Correction of Problem.
If the borrower's response to potential suspension resolves the apparent problem or the borrower ceases the misuse of service by the designated date, and the borrower agrees to abide by Texas State Library policies in the future, no further action will take place at that time.
§9.14.Suspension of Service.
(a) Suspension of service may come about under one of three conditions:
(1) a borrower requests suspension of service because of illness, temporary relocation, or other personal reasons;
(2) service is automatically suspended when a borrower has not been active for a year;
(3) service is suspended by Texas State Library staff for cause. "For cause" may include the following:
(A) misuse of service, as defined in §9.11 of this chapter (relating to Misuse of Service);
(B) Texas State Library staff detect a problem with the account and need further information from the borrower;
(C) staff of the National Library Service request suspension of the account.
(b) In the event of suspension under subsection (a)(3)(B) and (C) of this section, Texas State Library staff will take the following actions:
(1) attempt to contact the borrower and resolve the situation so that service may be restored;
(2) determine an appropriate period of suspension, if situation warrants an extended suspension.
(c) Suspension for cause generally will not exceed six months. In some instances, a longer suspension may be imposed after consultation with staff of the National Library Service. In the case of minor problems with the account, such as outdated or incorrect contact information, suspension is in effect until the problem is corrected or resolved.
(d) Any suspension may be extended if the cause has not been resolved as of the end of the previous suspension.
(e) Suspension of service may be limited only to the portion of service being misused. For example, if the misuse relates to Braille books, then Braille service would be suspended, but circulation of other formats would continue. The scope of the suspension will be determined by the extent of the cause and at the discretion of the Texas State Library staff.
§9.15.Reinstatement of Service.
(a) If a borrower has voluntarily suspended service, then the borrower may contact the Texas State Library staff at any time to reinstate service. Service will be reinstated if the borrower still meets eligibility requirements and the account is otherwise in good standing.
(b) If service was automatically suspended because the borrower had not been an active user for a year, then the borrower may contact the Texas State Library staff at any time and request that service be reinstated. Service will be reinstated if the borrower still meets eligibility requirements and the account is otherwise in good standing.
(c) If a borrower has been suspended for cause, service may be reinstated when the cause has been resolved or the suspension has expired, depending on the cause of suspension. In the case of a lengthy suspension, the patron will receive instructions, as part of the suspension notification, as to how to reinstate service. The borrower must continue to meet eligibility requirements and the account must otherwise be in good standing.
§9.16.Termination of Service.
(a) Service to eligible borrowers will not be permanently cancelled, although suspensions may be applied repeatedly. An account will be closed only under the following circumstances:
(1) a borrower ceases to meet eligibility requirements;
(2) a borrower requests that service be terminated; or,
(3) a borrower ceases to be an active user.
(b) A borrower's application and account information will remain on file for five years after the account has been closed, and the account may be reactivated at any time within the five years. After five years, the application and account information will be disposed of in accordance with the applicable records retention schedule.
§9.17.Transfer of Service.
A borrower who has lived or will live outside the State of Texas for six months or longer will no longer be eligible to receive service through the Texas State Library, and must return all books and magazines to the Texas State Library. At the borrower's request, the Texas State Library will make arrangements to have service transferred to the new state of residence.
§9.18.Reactivation of Accounts.
(a) Any account that has been suspended may be reactivated. Any account closed within a five-year period may be reactivated. Reactivations occur under the following conditions:
(1) User continues to meet eligibility requirements for service;
(2) Account will be in good standing upon reactivation;
(3) Signed applicant agreement has been received.
(b) An account that has been closed for more than five years cannot be reactivated; the user must file a new application.
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 June 16, 2008.
TRD-200803100
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: July 27, 2008
For further information, please call: (512) 463-5459