PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CHAPTER 1. LIBRARY DEVELOPMENT
SUBCHAPTER C. MINIMUM STANDARDS FOR ACCREDITATION OF LIBRARIES IN THE STATE LIBRARY SYSTEM
The Texas State Library and Archives Commission adopts the repeal of 13 TAC §1.86, concerning standards for accreditation of libraries operated by public school districts, institutions of higher education, or units of state or local government, without changes to the proposal as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4241).
The 81st Legislature approved new statutory language (House Bill 3756) authorizing additional types of libraries to join a system, and streamlining the statutory requirements for certain non-public libraries to join a system. The changes were numerous and require repeal of the existing rule and adoption of a new rule. It also added new language to address types of libraries not originally included in the rule. The agency therefore adopts the repeal of the existing rule and, in a separate action, adopts a new §1.86.
No comments were received regarding the proposed repeal.
The repeal is 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 adopt rules necessary for the administration of the program.
The repeal affects 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 August 10, 2009.
TRD-200903456
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: August 30, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 463-5459
The Texas State Library and Archives Commission adopts new 13 TAC §1.86, concerning standards for accreditation of libraries operated by public school districts, institutions of higher education, units of local, state, or federal government, accredited non-public elementary or secondary schools, or special or research libraries, with changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4242). The changes are in paragraph (1) to clarify that libraries must apply annually for membership.
This section establishes the standards for accreditation of certain non-public libraries in the state library system.
One comment was received regarding the proposed new section.
Comment: One person commented that they were "astonished to see that there was no cost associated with opening up membership to potentially thousands of additional libraries at either the state or local level. Really??? Surely providing additional services to so many additional libraries has costs associated with it."
Agency response: The preamble to the proposed new rule states that the agency "has determined that for each year of the first five years after the new section is in effect, there will be no fiscal implications for state or local governments." The decision to extend membership to other types of libraries is voluntary and will be made by each system individually. The funding for the system program is federal funding, meant to benefit all types of libraries. There is no additional cost to state or local government, as the system members will determine if they wish to bring other types of libraries into regional cooperative services.
This new section is 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 new section affects Government Code §441.123 and §441.136.
§1.86.Standards for Accreditation of Libraries Operated by Public School Districts, Institutions of Higher Education, Units of Local, State, or Federal Government, Accredited Non-Public Elementary or Secondary Schools, or Special or Research Libraries.
These standards for accreditation apply only to libraries that are operated by a public school district, institution of higher education, unit of local, state, or federal government, accredited non-public elementary or secondary schools, or special or research libraries. The standards for accreditation of public libraries are specified in §1.81 of this title (relating to Quantitative Standards for Accreditation of Library).
(1) Libraries applying for membership must:
(A) agree to loan materials without charge to users of other libraries in the system; and
(B) submit an annual application for membership to the State Library by April 30.
(2) Any library eligible for membership in the Texas Library System under this section will be accredited by the following standards.
(A) For libraries operated by a public school district:
(i) the unit of membership shall be the school district;
(ii) the district must submit written verification that it is academically accredited by the Texas Education Agency.
(B) For libraries operated by an institution of higher education:
(i) the unit of membership in the Texas Library System shall be the institution. Institutions of higher education with libraries in multiple locations shall apply as a single unit. Community colleges shall apply per their certification by the Texas Higher Education Coordinating Board, in accordance with Government Code §61.063;
(ii) the institution must submit written verification that it is accredited by an accrediting agency recognized by the Texas Higher Education Coordinating Board.
(C) For libraries operated by a unit of local, state, or federal government, the library must:
(i) submit written verification from the governmental unit that it is operated by that governmental unit;
(ii) submit documentation showing that there is an organized collection, with staff, and regular hours of operation.
(D) For libraries operated by accredited non-public elementary or secondary schools:
(i) the unit of membership shall be the accredited organization;
(ii) the library must submit written documentation of its accreditation.
(E) For libraries operated by special or research organizations the library must:
(i) submit written verification from the organization that it is supported by that organization;
(ii) submit documentation showing that there is an organized collection, with staff, and regular hours of operation.
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 August 10, 2009.
TRD-200903459
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: August 30, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 463-5459
SUBCHAPTER A. PRINCIPLES AND PROCEDURES OF THE COMMISSION
The Texas State Library and Archives Commission adopts amendments to 13 TAC §2.6, relating to Sunset dates for advisory committees, without changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4243).
The amendments are adopted to update the Sunset dates for advisory committees, and delete a committee that was abolished by a recent statute.
No comments were received regarding the proposed amendments.
The amendments are adopted under Government Code §2110.008, that requires the commission to adopt Sunset dates for advisory committees and §441.006(a) that provides the commission with authority to govern the Texas State Library.
The amendments affect Government Code §441.006 and §2110.008.
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 August 10, 2009.
TRD-200903455
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: August 30, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 463-5459
DIVISION 2. NEGOTIATED GRANTS
The Texas State Library and Archives Commission adopts new 13 TAC §2.213, concerning system integrated negotiated grants, without changes to the proposed text as published in the June 26, 2009, issue of the Texas Register (34 TexReg 4243).
This section establishes the goals and purposes, eligible applicants, criteria for grant awards, and eligible expenses for a new grant program, the system negotiated grants (SyNG). This section will enable the agency to administer the new funding that the Legislature has appropriated for state fiscal years 2010 and 2011.
No comments were received regarding the proposed new section.
This new section is adopted under the authority of Government Code §441.135 that authorizes a program of grants and §441.137 of the Library Systems Act that stipulates that the director and librarian shall administer the program of state grants and shall make public the rules adopted by the commission.
The adopted new section affects Government Code §441.135 and §441.137.
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 August 10, 2009.
TRD-200903460
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: August 30, 2009
Proposal publication date: June 26, 2009
For further information, please call: (512) 463-5459