Part 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
Chapter 1. LIBRARY DEVELOPMENT
Subchapter B. STANDARDS FOR ACCREDITATION OF A MAJOR RESOURCE SYSTEM OF LIBRARIES IN THE TEXAS LIBRARY SYSTEM
The Texas State Library and Archives Commission proposes amendments to 13 TAC §1.47 and §1.67, regarding standards for accreditation of a major resource system of libraries in the Texas Library System.
Proposed amendments to §1.47 and §1.67 bring the rules into alignment with the requirements of the program's federal funding source by updating the wording in the rules and moving a part of §1.47 to §1.91 to reflect the Sunset Commission recommendation that system operation grants should fund basic system support services. This language becomes part of proposed amended §1.91, regarding system operation grants. Basic system support services are defined as administration of the grant, continuing education and consulting.
Deborah Littrell, Library Development Division Director, has determined that for the first five years the amendments are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amended sections.
Ms. Littrell also has determined that for each year of the first five years the proposed amendments are in effect the public benefits anticipated as a result of enforcing the amended sections will be to strengthen local libraries. There are no cost implications to either small businesses or persons required to comply with the amended sections.
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, or fax: (512) 463-8800.
The amendments are proposed under the authority of the Texas Government Code, §441.123 of the Library Systems Act that directs the commission to establish and develop a state library system; §441.136 that authorizes the director and librarian to propose rules necessary for the administration of the program; and §441.135 that permits the commission to issue system operation grants.
The proposed amendments affect the Texas Government Code, §§441.123, 441.135, and 441.136.
§1.47.Consulting and Continuing Education Services.
A major resource [system] or regional library system
shall provide on-site consulting and continuing education services
to libraries and unserved areas in its region to meet commission or federal
goals. [
At least one professional librarian shall be assigned full
time to consulting and other system duties and provided with an adequate budget
for support staff, travel, and communications to carry out these duties.
]
§1.67.Federal Priorities.
When
[
For so long as
] the Texas Library System
is funded in whole or in part by
federal
[
Library Services
and Technology Act
] funds, major resource
or
[systems and
] regional library systems shall include in their long-range plan
and annual program of services and budget projects which specifically address
the federal [Library Services and Technology Act
] priorities,
as determined by the [Texas State Library and Archives] Commission[
, upon recommendation of the Library Services and Technology Act Advisory
Council].
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 April 16, 2007.
TRD-200701412
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: May 27, 2007
For further information, please call: (512) 463-5459
The Texas State Library and Archives Commission proposes new and amended rules, 13 TAC §1.91 and §1.96, regarding standards for accreditation of a system in the Texas Library System and System Operation Grants.
The proposed amendments to §1.91 move a section from 13 TAC §1.47 to §1.91 to reflect the Sunset Commission recommendation that system operation grants should fund basic system support services. This language becomes part of proposed amended rule §1.91 regarding system operation grants. Basic system support services are defined as administration of the grant, continuing education and consulting. A new rule 13 TAC §1.96 is proposed in response to the Sunset Commission recommendation to remove the funding formula from statute and directing the agency to adopt a formula in rule. The new §1.96 establishes a new formula for system operation grants; this new rule was developed using the process recommended by the Sunset Commission.
Deborah Littrell, Library Development Division Director, has determined that for the first five years the sections are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed new and amended sections.
Ms. Littrell also has determined that for each of the first five years the proposed amended or new sections are in effect the public benefits anticipated as a result of enforcing the proposed amended or new sections will be to strengthen local libraries. There are no cost implications to either small businesses or persons required to comply with the proposed new sections.
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 fax (512) 463-8800.
These amended or new sections are proposed under the authority of Government Code §441.123 of the Library Systems Act that directs the commission to establish and develop a state library system, §441.136 that authorizes the director and librarian to propose rules necessary for the administration of the program, and §441.135 that permits the commission to issue system operation grants.
The proposed amended or new sections affect the Government Code §§441.123, 441.135, and 441.136.
§1.91.System Operation Grants.
(a)
System operation grants are to
provide
basic system support services to member libraries, to coordinate and cooperate
with the commission and libraries in the region, and to meet commission or
federal goals, and [strengthen regional library system and major
resource system services to member libraries, including grants ] to
reimburse libraries for providing specialized services [
to regional and
major resource systems. System operation grants are awarded to initiate and
continue cooperative district-wide services sponsored by the system. Application
for a system operation grant may include reimbursement to the major resource
center or other contracting library for all expenses incurred in the performance
of the service contract]. System operation grants are awarded to major
resource [systems
] and regional library systems operating under
an approved program of services and budget.
(b) Each major resource or regional library system must, at minimum, apply for funding to provide basic system support services to member libraries. To meet this requirement, each system must apply for the minimum funding necessary for at least one full-time equivalent professional librarian and one full-time equivalent support staff. These staff shall be assigned to administration, continuing education, or consulting duties, to meet commission or federal goals; these staff shall be provided with regional travel, communications, and other operating funds to implement the approved program of services. Major resource or regional library systems may also apply for higher levels of funding, as specified in the grant guidelines issued by the commission.
§1.96.System Operation Grant: Formula.
(a) System operation grant funding shall be allocated to meet commission or federal goals. Allocation formula:
(1) 34% of the total amount specified for system operation grants shall be apportioned equally to the major resource and regional library systems;
(2) 33% of the total shall be apportioned on the number of member libraries in a system as compared to the total number of member libraries; the number of member libraries shall be the number of member libraries on the March 1 preceding the beginning of the state fiscal year; and,
(3) 33% of the total shall be apportioned on a per capita basis by the last decennial census or the most recent population estimate of the United States Department of Commerce, Bureau of the Census. The population base for distribution of these funds is the total population residing within the library system boundaries.
(b) In state fiscal year 2009 and later, all library system grants shall be at least $300,000. The grant amounts awarded to library systems by this section may be adjusted by the commission to achieve this minimum grant.
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 April 16, 2007.
TRD-200701416
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: May 27, 2007
For further information, please call: (512) 463-5459
(Editor's note: The text of the following sections proposed for repeal will not be published. The sections 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.)
The Texas State Library and Archives Commission proposes the repeal 13 TAC §1.96 and §1.97 regarding System Operation Grants.
The Sunset Commission report on the agency and the accompanying introduced legislation proposes to remove the system funding formula from statute and directs the agency to adopt a funding formula in rule. In anticipation of that legislation, the agency proposes the repeal of the current funding rule that reflects the existing statute and is proposing a new funding rule, 13 TAC §1.96. Section 1.97 is no longer needed. The provisions of this rule are covered in existing state grant standards and by contract.
Deborah Littrell, Library Development Division Director, has determined that for the first five years the sections are repealed there will be no fiscal implications for state or local government as a result of the repealed sections.
Ms. Littrell also has determined that for each of the first five years after the sections are repealed the public benefits anticipated as a result of the repealed sections will be to strengthen local libraries. There are no cost implications to either small businesses or persons required to comply with the proposed repeal.
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 fax (512) 463-8800.
The repealed sections are proposed under the authority of Government Code 441.136 of the Library Systems Act that authorizes the director and librarian to propose rules necessary for the administration of the program, and 441.135 that permits the commission to issue system operation grants.
The proposed repealed sections affect the Government Code §441.135 and §441.136.
§1.96.System Operation Grant: Formula.
§1.97.Exception to Uniform Grants and Contract Management Standards.
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 April 16, 2007.
TRD-200701417
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: May 27, 2007
For further information, please call: (512) 463-5459
Subchapter C. GRANT POLICIES
Division 8. LOAN STAR LIBRARIES GRANT PROGRAM, GUIDELINES FOR PUBLIC LIBRARIES
The Texas State Library and Archives Commission proposes amendments to 13 TAC §2.814, regarding the funding formula. This rule establishes the funding formula for distribution of grant funds to Texas public libraries through the Loan Star Libraries program, whose general purpose is to assist local governments to improve their library services. 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.
Deborah Littrell, Director of Library Development, has determined that for each year of the first five years the amendment is in effect there are no fiscal implications for state or local government as a result of enforcing or administering the amended section.
Ms. Littrell also has determined that for each year of the first five years the amendment is in effect the public benefits anticipated as a result of enforcing the amended section will be to improve the library services available to the public. There will be no fiscal implications for small businesses or individuals as a result of enforcing or administering the amended section.
Written comments may be submitted to Deborah Littrell, Library Development Director, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas 78711-2927 or fax: (512) 463-8800.
The amendment is proposed under the authority of Texas 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 rules for awarding grants.
The proposed amendment affects Texas Government Code, §441.0091.
§2.814.Funding Formula.
(a) (No change.)
(b) Loan Star Libraries grants will be awarded according to the following formula:
(1) Base Grant.
Thirty percent (30%)
[
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) - (B) (No change.)
(2) Matching Grant.
Seventy percent (70%)
[
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 title)
minus any indirect costs (as reported in the most recent state collected public
library annual report) as follows:
(A) - (D) (No change.)
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 April 16, 2007.
TRD-200701411
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: May 27, 2007
For further information, please call: (512) 463-5459