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 §1.77

The Texas State Library and Archives Commission proposes amended rule, 13 TAC §1.77, regarding the level of public library local government support needed for accreditation as a member of the Texas Library System.

Deborah Littrell, Library Development Division Director, has determined that for the first five years the section is in effect there will be no fiscal implications for state government as a result of enforcing or administering the proposed amended section. For the first five years the section is in effect there will be limited fiscal implications for local government as a result of enforcing or administering the proposed amended section. Local governments whose public library loses accreditation could lose access to state library assistance programs including the privileges of Texas Library System membership, the Loan Star Libraries grant, and TexShare programs.

Ms. Littrell also has determined that for each of the first five years the proposed amended section is in effect the public benefits anticipated as a result of enforcing the proposed amended section will be to help public libraries sustain their local government support. There are no cost implications to either small or micro-businesses or individual persons required to comply with the proposed amended section.

Written comments on this proposal may be submitted to Deborah Littrell, Director, Library Development Division, Texas State Library and Archives Commission, Box 12927, Austin, Texas 78711-2927 or via fax (512-463-8800).

This amended section is proposed under the authority of Government Code §441.127, that provides the Commission authority to establish accreditation standards for system membership. The proposed amended section affects the Government Code, §441.127.

§1.77.Public Library: Local Government Support.

(a) At least half of the annual local operating expenditures required to meet the minimum level of per capita support for accreditation must be from local government sources. A public library that expends at least $13.50 [ $10 ] per capita is exempt from this membership criterion if it shows evidence of some library expenditures from local government sources and is open to citizens under identical conditions without charge. Local government sources are defined as money appropriated by library taxing districts, by school districts, or by city or county governments from their general revenue moneys.

(b) If a currently accredited library is closed by action of its governing body, the commission, following a public hearing, may revoke that library's current membership in the state library system. This section will not apply if only the library building is temporarily closed because of natural or man-made disasters, or building construction, renovation, or maintenance. The library may be re-accredited as a member in the state library system during the next regular accreditation process, assuming that, by July 31, the library reports data showing that it currently meets all of the appropriate minimum requirements for membership in the state library system (as listed in §1.74 of this subchapter, related to Local Operating Expenditures; §1.75 of this subchapter, related to Nondiscrimination; §1.78 of this subchapter, related to County Librarian's Certificate; §1.81 of this subchapter, related to Quantitative Standards for Accreditation of Library; §1.83 of this subchapter, related to Other Requirements; and §1.84 of this subchapter, related to Professional Librarian).

(c) If a currently accredited library suffers a funding reduction that causes the library to reduce its hours, staffing, or budget below its appropriate minimum requirements for membership in the state library system (as listed in §1.81 of this subchapter, related to Quantitative Standards for Accreditation of Library), the commission, following a public hearing, may revoke that library's current membership in the state library system. The library may be re-accredited as a member in the state library system during the next regular accreditation process, assuming that, by July 31, the library reports data showing that it currently meets all of the appropriate minimum requirements for membership in the state library system (as listed in §1.74 of this subchapter, related to Local Operating Expenditures; §1.75 of this subchapter, related to Nondiscrimination; §1.78 of this subchapter, related to County Librarian's Certificate; §1.81 of this subchapter, related to Quantitative Standards for Accreditation of Library; §1.83 of this subchapter, related to Other Requirements; and §1.84 of this subchapter, related to Professional Librarian).

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 February 16, 2006.

TRD-200600854

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Earliest possible date of adoption: April 2, 2006

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


Chapter 8. TEXSHARE LIBRARY CONSORTIUM

13 TAC §8.1, §8.5

The Texas State Library and Archives Commission proposes to amend 13 TAC §8.1 and §8.5 regarding the TexShare Library Consortium. The proposed revisions would establish criteria for public school libraries to participate in group purchasing agreements provided by the TexShare Consortium as specified in SB 483, enacted by the 79th Legislature. The proposed criteria would ensure that the resources of qualifying public school libraries are adequate for participation in these group purchasing programs, and that their participation will not have the effect of reducing services to current members. The standards for school library programs, 13 TAC §4.1, provide a complete set of standards and guidelines by which a school may examine the library program and begin to work toward results that are consistent with educational objectives.

Division Director Beverley Shirley has determined that for the first five years the section is in effect, state and local governments may experience cost savings in expenditures on electronic informational resources as a result of enforcing or administering the amended section, but the amount of that savings is indeterminable at this time.

Ms. Shirley 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 enhance the ability of public schools to further student achievement and lifelong learning. There are no cost implications to either small or micro-businesses or individual persons required to comply with the proposed amendments.

Written comments on the amendments may be sent to Beverley Shirley, Library Resource Sharing Division, Texas State Library and Archives Commission, Box 12927, Austin, Texas 78711-2927; fax: 512-936-2306.

The amendments are proposed under Government Code §441.225(b), which authorizes the commission to adopt rules to govern the operation of the consortium.

The amended section affects Government Code, §441.221 through §441.230.

§8.1.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Institution of higher education--An institution of higher education as defined by Education Code, §61.003, and a private or independent institution of higher education as defined by Education Code, §61.003.

(2) Annual Report--A report submitted to the Commission each year on the member institution of higher education's participation in TexShare programs, the member library of clinical medicine's participation in TexShare programs, or in fulfillment of a public library's system membership requirements.

(3) Commission--The Texas State Library and Archives Commission.

(4) Consortium--The TexShare Library Consortium.

(5) Director and Librarian--Chief executive and administrative officer of the commission.

(6) Public Library has the meaning assigned by Government Code, §441.122

(7) Library of clinical medicine has the meaning assigned to Non-Profit Corporation by Government Code, §441.221.

(A) Extensive library services are defined as those services set forth in §1.81(4)(C) and (D) of this title.

(B) Extensive collections in the fields of clinical medicine and the history of Medicine--a minimum of 10,000 library resources in print and in electronic format, comprised of books, journal titles, technical reports, and databases on clinical medicine and the history of medicine.

(8) Public school--any school accredited under Education Code Subchapter D. Accreditation Status (§§39.071-39.076).

(9) Public school library--an organized collection of printed, audiovisual and/or computer resources in a public school (elementary or secondary). A public school library makes resources and services available to all students, teachers, and administrators. Collections such as classroom "libraries" or collections of primarily textbooks or other similar classroom teaching materials are not public school libraries.

(10) Certified school librarian--a public school staff member holding a current school librarian certificate issued by the State Board for Educator Certification under the authority of Education Code, Chapter 21, Subchapter B (§§21.031-21.058).

(11) Certified staff member--a public school staff member holding a current certificate, license, permit, or other credential issued by the State Board for Educator Certification under the authority of Education Code, Chapter 21, Subchapter B (§§21.031-21.058).

(12) [ (8) ] Internet connection--A combination of hardware, software and telecommunications services that allows a computer to communicate with any other computer on the worldwide network of networks known as the Internet, and that adheres to Internet standards documents of the Internet Engineering Steering Group, Internet Architecture Board, and the Internet community.

§8.5.Programs.

(a) The programs of the consortium shall include activities designed to facilitate library resource sharing. Such activities may include:

(1) providing electronic networks, shared databases, reciprocal borrowing, delivery services, and other infrastructure necessary to enable the libraries in the consortium to share resources;

(2) negotiating and executing statewide contracts for information products and services;

(3) coordinating library planning, research and development; or

(4) training library personnel.

(b) Programs of the consortium are established and administered for the benefit of consortium members. Consortium members may sometimes enter into formal or informal agreements with non-member entities. Under these agreements, consortium members may not provide systematic access to consortium services to non-member entities. This provision should not be construed in such a way as to limit a member institution's ability to provide on-site access to TexShare databases to members of the public.

(c) Public school libraries may participate in group purchasing agreements provided by the consortium if such libraries are managed by or report to a certified school librarian or other certified staff member in the public school.

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 February 16, 2006.

TRD-200600855

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Earliest possible date of adoption: April 2, 2006

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