TITLE 13. CULTURAL RESOURCES

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

13 TAC §1.86

(Editor's note: The text of the following section proposed for repeal will not be published. The section 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, Texas.)

The Texas State Library and Archives Commission proposes the repeal of 13 TAC §1.86, regarding the standards for accreditation of certain non-public libraries in the state library system.

The 81st Legislature has 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 are numerous and require repeal of the existing rule and adoption of a new rule.

Deborah Littrell, Library Development Division Director, has determined that for each year of the first five years the repeal is in effect, there will be no fiscal implications for state or local governments. Ms. Littrell does not anticipate either a loss of, or an increase in, revenue to state or local government as a result of the proposed repeal. The public benefit of the proposed repeal is that they will help establish the standards for accreditation of certain non-public libraries in the state library system. There will be no impact on small businesses, micro-businesses, or individuals as a result of enforcing the repeal.

Written comments on this proposal may be submitted to Deborah Littrell, Director, Library Development Division, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas 78711-2927, (512) 463-8800, or e-mail deborah.littrell@tsl.state.tx.us.

The repeal is proposed 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 proposed repeal affects Government Code §441.123 and §441.136.

§1.86.Standards for Accreditation of Libraries Operated by Public School Districts, Institutions of Higher Education, or Units of State or Local Government.

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 15, 2009.

TRD-200902419

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Earliest possible date of adoption: July 26, 2009

For further information, please call: (512) 463-5459


13 TAC §1.86

The Texas State Library and Archives Commission proposes new 13 TAC §1.86, regarding the standards for accreditation of certain non-public libraries in the state library system.

The 81st Legislature has 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 are numerous and require repeal of the existing rule and adoption of a new rule. It also adds new language where required to address types of libraries not originally included in the rule.

Deborah Littrell, Library Development Division Director, has determined that for each year of the first five years the new section is in effect, there will be no fiscal implications for state or local governments. Ms. Littrell does not anticipate either a loss of, or an increase in, revenue to state or local government as a result of the proposed new section. The public benefit of the proposed new section is that they will help establish the standards for accreditation of certain non-public libraries in the state library system. There will be no impact on small businesses, micro-businesses, or individuals as a result of enforcing the new section.

Written comments on this proposal may be submitted to Deborah Littrell, Director, Library Development Division, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas 78711-2927, fax (512) 463-8800, or e-mail deborah.littrell@tsl.state.tx.us.

This new section is proposed 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 proposed new rule 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) These libraries shall agree to loan materials without charge to users of other libraries in the system.

(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 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 15, 2009.

TRD-200902420

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Earliest possible date of adoption: July 26, 2009

For further information, please call: (512) 463-5459


CHAPTER 2. GENERAL POLICIES AND PROCEDURES

SUBCHAPTER A. PRINCIPLES AND PROCEDURES OF THE COMMISSION

13 TAC §2.6

The Texas State Library and Archives Commission proposes amendments to 13 TAC §2.6, relating to sunset dates for advisory committees. The amendments are being proposed to update the sunset dates for advisory committees, and to delete a committee that was abolished by a recent statute.

Edward Seidenberg, Deputy Director, has determined that for each year of the first five years the amended section is in effect, there will be no fiscal implications for state or local governments. Mr. Seidenberg does not anticipate either a loss of, or an increase in, revenue to state or local government as a result of the proposed amendments. The public benefit of the proposed amendments is that they will help clarify the sunset dates for advisory committees. There will be no impact on small businesses, micro-businesses, or individuals as a result of enforcing the amended rule.

Written comments on the proposed amendments may be submitted to Edward Seidenberg, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas 78711; or by fax to (512) 463-0185.

The amendments are proposed under Government Code §2110.008, that requires the Texas State Library and Archives Commission to adopt Sunset dates for advisory committees and §441.006(a) that provides the commission with authority to govern the Texas State Library.

Government Code, §441.006 and §2110.008, are affected by the proposed amendments.

§2.6.Sunset Dates for Advisory Committees.

The following advisory committees will be abolished on August 31, 2021 [August 31, 2009] unless the commission continues or consolidates the committees prior to that date:

(1) Library Systems Act Advisory Board,

[(2) Local Government Records Committee,]

(2) [(3)] TexShare Advisory Board,

(3) [(4)] Texas Historical Records Advisory Board, and

(4) [(5)] Electronic Recording Advisory Committee.

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 12, 2009.

TRD-200902396

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Earliest possible date of adoption: July 26, 2009

For further information, please call: (512) 463-5459


SUBCHAPTER C. GRANT POLICIES

DIVISION 2. NEGOTIATED GRANTS

13 TAC §2.213

The Texas State Library and Archives Commission proposes new 13 TAC §2.213, regarding system integrated negotiated grants. This section will enable the agency to administer the new funding that the Legislature has appropriated for state fiscal years 2010 and 2011.

The proposed new rule establishes the goals and purposes, eligible applicants, criteria for grant awards, and eligible expenses for a new grant program, the system integrated negotiated grants.

Deborah Littrell, Library Development Division Director, has determined that for each year of the first five years the new section is in effect, there will be no fiscal implications for state or local governments. Ms. Littrell does not anticipate either a loss of, or an increase in, revenue to state or local government as a result of the proposed new rule. The public benefit of the proposed new rule is that they will help enable the agency to administer these funds. There will be no impact on small businesses, micro-businesses, or individuals as a result of enforcing the rule.

Written comments on this proposal may be submitted to Deborah Littrell, Director, Library Development Division, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas 78711-2927, fax (512) 463-8800, or e-mail deborah.littrell@tsl.state.tx.us.

This new section is proposed 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 proposed new rule affects Government Code §441.135 and §441.137.

§2.213.System Integrated Negotiated Grants.

(a) Goals and Purposes. This grant program provides funds for eligible applicants to develop and implement library programs or services that have been identified by the agency to be a priority and that provide Texas library users with improved services that demonstrate community impact. Priority for funding will be given to collaborative programs or services that involve two or more systems, including diverse types of libraries and/or organizations.

(b) Eligible applicants are major resource library systems and regional library systems.

(c) Criteria for Grant. The commission may award negotiated grants to develop and implement programs or services. An award may be made and/or renewed each year if:

(1) funding continues to be available;

(2) the applicant demonstrates capability of delivering the services in a timely fashion at a reasonable cost;

(3) the commission finds a continuing regional and statewide need for the services;

(4) the commission finds that the best value to the state will be achieved without competition;

(5) the commission finds that proposed programs or services are not substantively duplicative of existing agency programs or services; and

(6) the program or service meets identified outcomes.

(d) Eligible Expenses.

(1) Grant will fund costs for personnel, equipment/property, telecommunications, supplies, travel, and professional services necessary to implement the specified services.

(2) Grant will not fund building construction or renovation; major capital expenses; food, beverages, or gifts; equipment/property or technology not specifically needed to implement the specified services.

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 12, 2009.

TRD-200902399

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Earliest possible date of adoption: July 26, 2009

For further information, please call: (512) 463-5459