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 §§1.71 - 1.74, 1.77, 1.79, 1.80
The Texas State Library and Archives Commission proposes amendments to 13 TAC §§1.71 - 1.74, 1.77, 1.79, and 1.80, relating to the accreditation of libraries in the Texas Library System.
The proposed amendments to §1.74 and §1.77 remove outdated sections of the rules. The proposed amendments to §§1.71 - 1.74 and §1.77 standardize the language and clarify the intent. The proposed amendments to §§1.72, 1.73, 1.79, and 1.80 add new provisions. The amendments to §1.72 will codify existing practices and specify the level of service to be provided by public school libraries that have a contract with a local nonprofit organization to serve as the community's public library. The amendments to §1.73 add reference to a new statute regarding library districts. The amendments to §1.79 and §1.80 will specify how libraries can regain full membership in the Texas Library System after being on probational or provisional status.
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 of the first five years the rules are in effect the public benefits anticipated as a result of enforcing the amendments will be to update the language and clarify the intent and procedures regarding the accreditation of libraries in the state library system. There are no cost implications to either small businesses or persons required to comply with the proposed amended 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.
The amendments are 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 amendments affect Government Code §441.123 and §441.136.
§1.71.Definition of Population Served.
For a city, nonprofit corporation, and/or county-established library receiving public monies for public library service, the population served by a public library is the population in the most recent decennial census or official population estimate of the United States Department of Commerce, Bureau of the Census, if available. If a library does not report receiving public monies for public library service, that library will be assigned no population. Calculations will be based upon the following.
(1) In counties with one or more public libraries that
receive
[
spend
] only city and private funds, each
library is credited with serving the population of the city or cities
from which it receives funds or with which it has a contract.
(2) In counties with only one public library and that library
receives
[
spends
] county funds, the
library is credited with serving the entire county population.
(3) In counties with more than one public library that
receives
[
spends
] both city and county funds, the
libraries that
receive
[
spend
] city and county
funds are credited with serving their city population plus a percentage
of the population living outside the cities. This percentage is the
ratio of each city's population to the total of all the populations
of cities with public libraries within the county.
(4) In counties with a library established by the county
commissioners court and that
receives
[
spends
]
no city funds or an incorporated library that
receives
[
spends
] no city funds, and one or more city libraries that
receive
[
spend
] county funds, the city libraries that
receive
[
spend
] county and city funds are credited with serving their
city populations plus a percentage of the county population living
outside the cities. The percentage is the ratio of each city's population
to the county population. The county library or incorporated library
that
receives
[
spends
] county funds and no city
funds serves all county residents not served by a city library.
(5) In counties with one library that
receives
[
spends
] county funds and one or more public libraries that do
not
receive
[
spend
] county funds, the library
that
receives
[
spends
] county funds is credited
with serving the county population less the populations of cities
with public libraries.
(6) In counties with more than one library that
receives
[
spends
] county funds and no city funds, the county
population living outside cities with public libraries
will
[
shall
] be prorated among the libraries in the same ratio as
the county funds are expended.
(7) When school districts contract with one or more
nonprofit corporations, cities, or counties for public library services
as part of their students' educational program, the State Library
will
[
shall
] estimate the total population living within
the school district.
(8) Libraries that enter into agreements or contracts with counties, cities, or school districts to provide public library services will be assigned population under this section whether or not there is an exchange of funds.
(9) In libraries where the population of a federal
or state eleemosynary or correctional institution or military installation
exceeds 10% of the entire population of the area served by a public
library, the residential or base population
may
[
shall
]
be subtracted from the population served by that library if these
persons are served by an institutional or base library.
If the
institution or military installation does not have a library that
provides general library services, the population will not be subtracted.
(10) When a library believes that the acceptance of county funding would result in the assignment of an unrealistic population figure, it may request in writing that the Library Systems Act Advisory Board approve an exception to the population served methodology. The board will use its discretion to devise a method by which data from the Bureau of the Census will be used to calculate the assignment of population served.
§1.72.Public Library Service.
(a) Library services
must
[
shall
]
be provided without charge or deposit to all persons residing in
the
local
[
those
] political subdivisions which provide
monetary support to the library. These library services include the
dissemination of materials or information by the library to the general
public during the hours of operations of all library facilities. In
this context, library services include the circulation of any type
of materials, reference services (locating and interpreting information),
use of computers to access information sources, databases, or other
similar services,
and admissions to the facility or any programs
sponsored or conducted by the library.
(b) The following charges are permitted at the discretion of the library's governing authority: reserving library materials; use of meeting rooms; replacement of lost borrower cards; fines for overdue, lost, or damaged materials in accordance with local library policies; postage; in-depth reference services on a contractual basis; photocopying; personal printing; telefacsimile services; library parking; service to nonresidents; sale of publications; rental and deposits on equipment; and charges for the use of materials and machine-readable data bases not owned by the library, major resource center, or regional library system for which the vendor or supplier has charged a borrowing fee.
(c) Fees may not be charged for library services on the library premises by individuals or organizations other than the library unless the charges are permitted by subsection (b) of this section.
(d) As permitted by §1.73 of this subchapter, relating to Public Library: Legal Establishment, non profit corporations may enter into a contract with a school district to provide library services to the general public residing in the district. This public library service must be in addition to that provided to school students, faculty, and staff. Public library services must be provided at least the required number of hours all weeks of the year, except those weeks with national or state holidays. The number of hours is specified in §1.81 of this subchapter, relating to Quantitative Standards for Accreditation of Library.
§1.73.Public Library: Legal Establishment.
A public library
must
[
shall
] be established
to render general library services
. The library must be established
as:
(1)
[
as
] a department of a city
or county government by charter, resolution, or ordinance; or by contract
as provided for in the Government Code, Chapter 791; or
(2)
[
as
] a library district established
under the provisions of Local Government Code, Chapter 326, Library
Districts;
or
(3) a library district established under the provisions of Local Government Code, Chapter 336, Multi-Jurisdictional Library Districts; or
(4)
[
or as
] a non profit corporation
chartered by the Office of the Secretary of State for the purposes
of providing free public library services
; these corporations
must have a current contract with each funding source (a city, county,
or school district) to provide free public library services for the
city, county, or school district.
[
, and having a current
contract with a city, county, school district, or library district
to provide free public library services for the city, county, school
district, or library district.
]
§1.74.Local Operating Expenditures.
A public library must demonstrate local effort on an annual
basis by maintaining or increasing local operating expenditures or
per capita local operating expenditures. Expenditures for the current
reporting year
will
[
shall
] be compared to the
average of
the total
local operating expenditures or to
the average of
the total
per capita local operating expenditures
for the three preceding years. Libraries that expend at least $13.50
per capita and at least $125,000
of local funds
are exempt
from this membership criterion. A public library
must
[
shall
] have minimum
total
local expenditures of [
$5,000
in local fiscal years 2004, 2005, 2006;
] $10,000 in local fiscal
years 2007, 2008, 2009; $10,300 in local fiscal years 2010, 2011,
2012; $10,650 in local fiscal years 2013, 2014, 2015.
§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 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 monies
].
(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).
§1.79.Provisional Accreditation of Library.
(a) A public library that does not meet one of the requirements for accreditation cited in §1.81 of this title (relating to Quantitative Standards for Accreditation of Library) may be provisionally accredited for not more than an initial three-year period, if the library can demonstrate a reasonable expectation of meeting the requirements within three years. At the end of the provisional accreditation, the library must fully meet all the requirements in effect at that time.
(b)
A
[
However, a
]
newly established library in a previously unserved county that does
not meet two of the requirements for accreditation cited in §1.81
of this title (relating to Quantitative Standards for Accreditation
of Library) may be provisionally accredited, if the library can demonstrate
a reasonable expectation of meeting the requirements within three
years.
At the end of the three years, the library must fully
meet all the requirements in effect at that time.
(c) After a library has been provisionally accredited, it must achieve full accreditation before it may be probationally accredited under §1.80 of this title (relating to Probational Accreditation of Library).
§1.80.Probational Accreditation of Library.
A public library that has been fully accredited may be granted
probational accreditation for three years if the library fails to
meet not more than one of the requirements in §1.81 of this title
(relating to Quantitative Standards for Accreditation of Library).
To regain full system membership, a library must equal or exceed its
previous level of effort on the deficient requirement.
At the
end of the probational accreditation, the library must fully meet
all the requirements in effect at that time. A library may not be
probationally accredited for more than three years in a row, for any
reason.
[
To achieve full system membership a library must
meet the requirements in §1.81 of this title (relating to Quantitative
Standards for Accreditation of Library).
]
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 August 13, 2007.
TRD-200703540
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: September 23, 2007
For further information, please call: (512) 463-5459