13 TAC §§2.160 -2.165
The Texas State Library and Archives Commission adopts new §§2.160-2.165,
without changes to the text as published in the February 8, 2002 issue of
the
Texas Register
(27 TexReg 842). These
sections establish the guidelines for the administration of a new grant program
for Texas public libraries, Loan Star Libraries Grants, whose general purpose
is to assist local governments to improve their library services. These sections
set forth the general terms, conditions, criteria, and funding formula for
awarding these grants. 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 adoption of these sections will replace the same sections
that were adopted on an emergency basis on January 18, 2002.
Two comments were received during the comment period. The first comment
questions the funding formula and states "Until such time as the funding from
the direct grants-in-aid to public libraries (Loan Star Libraries Grants)
meets or exceeds that which our City currently obtains from non-resident fees,
libraries should not be required to provide exactly the same library services/restrictions
to non-resident customers." This comment went on to say that asking libraries
to eliminate non-resident fees may inhibit other local entities, such as counties,
from contributing to library funding, and is a fiscal issue for local governments.
We acknowledge that some libraries may not receive funding from Loan Star
Libraries that equals the amount they receive from non-resident fees. However,
many libraries do receive more from the program than they collected in non-resident
fees, and this was a factor for them in dropping their fees. Libraries are
not required to drop non-resident fees and local entities are encouraged to
contribute. Higher local expenditures give a library a greater share of the
funding. Encouraging open access for Texas residents is the primary justification
for providing the aid, so we do not believe a change in the rules is needed.
The second comment also concerns eliminating non-resident fees by stating
"The Loan Star Library Program is not a blessing to most small county libraries.
To ask that we extend our borrowing privileges to all Texas residents is unrealistic
for the smaller libraries that try to maintain a good collection of local
materials." This comment focused on the need to protect unique local materials,
as opposed to books available in most libraries. The writer was also concerned
about an lack of ability to collect fines or materials from Texas residents
outside the library's county, given current state law. Most libraries do not
circulate unique materials to any patron. A library that does so risks loss,
regardless of the location of the borrower. While libraries that eliminate
non-resident fees may have Texas residents from outside their county or region
visit the library, the level of funding is sufficient to offset any losses.
We do not agree that a change in the rules is necessary.
These new rules are adopted under the authority of Government
Code §441.0091, concerning the Grant Program for Local Libraries, that
provides the Commission authority to provide for grants to meet specific information
needs of residents and specific needs of local libraries, and to adopt by
rule the guidelines for awarding grants.
The adopted rules 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 March 25, 2002.
TRD-200201901
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: April 14, 2002
Proposal publication date: February 8, 2002
For further information, please call: (512) 463-5459