13 TAC §§2.160 - 2.165
The Texas State Library and Archives Commission proposes
new rules, §§2.160-2.165. 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.
These rules were adopted on an emergency basis on January 18, 2002.
Deborah Littrell, Director of Library Development, has determined that
for each year of the first five years the section is in effect the fiscal
implications for local government are an increase in funding available for
their services. There will be no fiscal implications for small businesses
or individuals as a result of enforcing or administering the section.
Ms. Littrell also has determined that for each of the first five years
the section is in effect the public benefits anticipated as a result of enforcing
the section will be to improve the library services available to the public.
Comments may be submitted to Deborah Littrell, Director of the Library
Development Division, Texas State Library and Archives Commission, PO Box
12927, Austin, Texas 78711-2927.
These new rules are proposed 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 proposed rules affect Government Code §441.0091.
§2.160.Goals and Purposes.
This grant program provides direct grants-in-aid to public libraries
that are members of the Texas Library System for the following purpose: to
provide an incentive for local communities to extend public library services
without charge to those residing outside each library's local legal service
area in order to improve library services statewide and improve access to
public library resources and services for all Texans.
§2.161.Definitions.
(a)
"Public library service without charge" has the relevant
meaning defined in §1.72(a) of this part.
(b)
"Non-resident" means any adult or child who does not already
live in the public library's local legal service area and who can provide
satisfactory proof of Texas residency.
(c)
"In accordance with the same policies and procedures the
library has adopted for its local resident customers" means the library shall
provide the same library services and may impose the same restrictions on
non-resident customers as it does for those customers who live locally.
§2.162.Eligible Applicants.
(a)
Public libraries and local public library systems, through
their governing authority (city, county, or corporation) are eligible to apply
for grants. To receive a grant, applicants must be members of the Texas Library
System for the fiscal year the grant contracts are issued.
(b)
To be eligible for a full grant, the governing authority
of a public library must certify that it will provide public library service
without charge to non-residents in accordance with the same policies and procedures
the library has adopted for its local resident customers.
§2.163.Eligible Expenses.
(a)
This grant program will fund public library operating expenditures
such as salary, supplies, library materials, equipment, contractual services,
and minor renovations. To be eligible, grant expenses must be reasonable and
in accordance with appropriate state or local operating policies and procedures.
Further, all grant expenses must be designed to maintain, improve, expand,
or enhance the resources or services of the public library.
(b)
This grant will not fund the following:
(1)
Capital expenditures related to the purchase of real property,
buildings, or motor vehicles.
(2)
Capital expenditures related to the construction or expansion
of library facilities.
(3)
Capital expenditures related to major renovation costs
(projects exceeding $250,000).
(4)
Other expenditures not allowed by the Uniform Grant and
Contract Management Act (Government Code Chapter 783).
§2.164.Funding Formula.
(a)
The State Library will annually set and allocate a total
amount of appropriated funding to be awarded by this grant program.
(b)
Loan Star Libraries grants will be awarded according to
the following formula:
(1)
Base Grant. One-quarter (25%) of the total funds allocated
for Loan Star Libraries Grants constitutes a base award and will be divided
equally among those libraries eligible for the program that either:
(A)
provide library services to non-residents without charge,
or
(B)
participate in the TexShare Library Consortium card program.
(2)
Matching Grant. Three-quarters (75%) of the total funds
allocated for Loan Star Libraries Grants constitutes a matching award and
will be awarded to eligible libraries as a percentage match on their total
local operating expenditures (as reported in the most recently collected report,
as required by §1.85 of this part) minus any indirect costs (as reported
in the most recent state collected public library annual report) as follows:
(A)
Libraries that provide library services to non-residents
without charge will be allocated 100% of their eligible match.
(B)
Libraries that do not provide library services to non-residents
without charge, but participate in the TexShare card program will be allocated
85% of their eligible match.
(C)
Libraries that do not provide library services to non-residents
without charge, and do not participate in the TexShare card program will be
allocated 75% of their eligible match.
(D)
The funds in this matching category not allocated to the
libraries receiving only 75% or 85% of their match are added to the amount
allocated to libraries receiving 100% of their match, and are distributed
among these libraries based on their share of the total local operating expenditures.
§2.165.Application Review and Awarding Process.
(a)
Eligible libraries must submit the following documentation
as part of the review and award process:
(1)
Status form - this form is submitted annually by a deadline
to be determined each year, to indicate whether a library will change its
status for the following fiscal year regarding services to non-residents or
participation in the TexShare card program.
(2)
Assurance of Compliance form - this form certifies that
a public library provides services to non-residents without charge; it is
submitted once, generally upon removal of non-resident fees, and remains valid
until revoked in writing by the local governing authority.
(3)
Plan of Action form - this form is submitted annually by
a deadline to be determined each year, to detail the library's plans for spending
the grant funds; this plan will be incorporated into the grant award contract.
(b)
Errors in the calculation of an award to an individual
library will be corrected in the following fiscal year by adjusting the award
to that library by a comparable amount.
(c)
If a library has certified that it provides service to
non-residents without charge or it has elected to participate in the TexShare
card program, the library must maintain these services for the duration of
the contract that it received.
(d)
Willful falsification of documents or reports, as determined
by the Commission, shall cause the library to be disqualified for not less
than one year in the first occurrence and disqualified for not less than three
years in the second occurrence.
(e)
Funds will not be awarded to a library until all requirements
for all preceding contracts have been fulfilled.
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 January 24, 2002.
TRD-200200353
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: March 10, 2002
For further information, please call: (512) 463-5459