Part 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
Chapter 1. LIBRARY DEVELOPMENT
Subchapter A. LIBRARY SERVICES AND TECHNOLOGY ACT STATE PLAN
The Texas State Library and Archives Commission proposes amendments to 13 TAC §1.21 and §1.22, regarding the state plan for federal funds.
The proposed amendments bring the rules into alignment with the requirements of the program's federal funding source by updating the wording in the rule.
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 proposed amendments.
Ms. Littrell also has determined that for each of the first five years the proposed amendments are in effect the public benefits anticipated as a result of enforcing the proposed amendments will be to strengthen local libraries. There are no cost implications to either small businesses or persons required to comply with the proposed amendments.
Written comments on this proposal may be submitted to Christopher Jowaisas, 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 Government Code §441.006 that permits the commission to accept, receive, and administer federal funds; and §441.009 that permits the commission to adopt a state plan for improving library services.
The proposed amendments affect the Government Code §441.006 and §441.009.
§1.21.State Plan for the Library Services and Technology Act in Texas.
The Texas State Library and Archives Commission adopts by reference
the State Plan for the Library Services and Technology Act in Texas FFY
2008-2012
[
1998-2002
]. Copies may be obtained from
www.tsl.state.tx.us/ld/pubs/lstaplan/index.html
[
the Library Development
Division of the Texas State Library, P.O. Box 12927, Austin, Texas 78711
].
§1.22.Circulation.
(a) These plans shall be circulated under OMB Circular A-95 for review and comment.
(b) The rules being adopted by reference have been circulated under OMB Circular A-95 for review and comment.
(c) The State Plan for the Library Services and Technology Act in Texas establishes the mission, needs, and goals that will be addressed, and the programs that will be conducted, during the five-year period.
[(c) The LSCA Annual Program and Long-Range Plan establish general criteria used in making application for grants, determining recipients for grants, and following up on the utilization of grants.]
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 June 15, 2007.
TRD-200702467
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: July 29, 2007
For further information, please call: (512) 463-5459
(Editor's note: The text of the following section proposed for repeal will not be published. The section 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 to repeal 13 TAC §1.78, regarding the county librarian's certificate.
Senate Bill 913 has repealed Government Code §441.007 which provided the commission the statutory authority to certify county librarians. The proposed repeal of this rule will revise the rules accordingly.
Deborah Littrell, Library Development Division Director, has determined that for the first five years the repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal.
Ms. Littrell also has determined that for each of the first five years the repeal is in effect the public benefits anticipated as a result of enforcing the repeal will be to comply with state law. 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 Christopher Jowaisas, Library Development Division, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas 78711-2927, or fax (512) 463-8800.
The repeal is proposed under the authority of Senate Bill 913 (80th Legislature, Regular Session) that repeals the authority of the commission to certify county librarians.
The proposed repeal affects the Government Code §441.007.
§1.78.County Librarian's Certificate.
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 June 15, 2007.
TRD-200702471
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: July 29, 2007
For further information, please call: (512) 463-5459
The Texas State Library and Archives Commission proposes amendments to 13 TAC §§1.81, 1.83, and 1.84, regarding the minimum standards for accreditation of libraries in the state library system and professional librarians.
The proposed amendments to §1.81 and §1.83 remove outdated sections of the rules, standardize the language and clarify the intent. The proposed amendment to §1.84 is necessary to continue special treatment to certain librarians who were granted special consideration under 13 TAC §5.5, which is being repealed by Senate Bill 913 that repeals the authority of the commission to certify county librarians.
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 amendments.
Ms. Littrell also has determined that for each of the first five years the amendments are in effect the public benefits anticipated as a result of enforcing the amendments will be to not penalize individuals who were "grandfathered" certain county librarian certification status. There are no cost implications to either small businesses or persons required to comply with the proposed amendments.
Written comments on this proposal may be submitted to Christopher Jowaisas, 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 Senate Bill 913 (80th Legislature, Regular Session) that repeals the authority of the commission to certify county librarians; §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 §§441.007, 441.123, and 441.136.
§1.81.Quantitative Standards for Accreditation of Library.
(a) The definition of "local fiscal year" is the fiscal year in which January 1 of that year falls.
[(b) The minimum requirements for membership in the state library system in local fiscal years 2004, 2005, and 2006:]
[(1) A library serving a population of at least 200,001 persons must:]
[(A) have local expenditures amounting to at least $2.80 per capita;]
[(B) have at least one item of library materials per capita or expend at least 25% of the local expenditures on the purchase of library materials;]
[(C) be open for service not less than 64 hours per week; and]
[(D) have six professional full-time librarians, with one additional professional full-time librarian for every 50,000 persons above 200,000; an additional professional full-time librarian must be assigned full time to system duties if the library is a major resource center. See §1.47 of this title (relating to Consulting and Continuing Education Services) for definition of a professional librarian.]
[(2) A library serving a population of 100,001 - 200,000 persons must:]
[(A) have local expenditures amounting to at least $2.40 per capita;]
[(B) have at least one item of library materials per capita or expend at least 25% of the local expenditures on the purchase of library materials;]
[(C) be open for service not less than 54 hours per week; and]
[(D) have four professional full-time librarians, with one additional professional full-time librarian for each 50,000 persons above 100,000; an additional professional librarian must be assigned full time to system duties if the library is a major resource center.]
[(3) A library serving a population of 50,001 - 100,000 persons must:]
[(A) have local expenditures amounting to at least $2.20 per capita;]
[(B) have at least one item of library materials per capita or expend at least 25% of the local expenditures on the purchase of library materials;]
[(C) be open for service not less than 48 hours per week; and]
[(D) have at least two professional full-time librarians.]
[(4) A library serving a population of 25,001 - 50,000 persons must:]
[(A) have local expenditures of at least $1.80 per capita;]
[(B) have at least one item of library materials per capita or expend at least 25% of the local expenditures on the purchase of library materials;]
[(C) be open for service not less than 40 hours per week; and]
[(D) have at least one professional full-time librarian.]
[(5) A library serving a population of 10,001 - 25,000 persons must:]
[(A) have local expenditures of at least $1.50 per capita;]
[(B) have at least one item of library materials per capita or expend at least 25% of the local expenditures on the purchase of library materials, provided that in either case a minimum of 7,500 items are held;]
[(C) be open for service not less than 30 hours per week; and]
[(D) have a head librarian who is employed in library duties at least 30 hours per week.]
[(6) A library serving a population of 10,000 or fewer persons must:]
[(A) have local expenditures of $1.20 per capita or $5,000, whichever is greater;]
[(B) have at least one item of library materials per capita or expend at least 25% of the local expenditures on the purchase of library materials, provided that in either case a minimum of 7,500 items are held;]
[(C) be open for service not less than 20 hours per week; and]
[(D) have a head librarian who is employed in library duties at least 20 hours per week.]
(b)
[
(c)
]
The following are
[
After local fiscal year 2006,
] the minimum requirements for membership
in the state library system:
(1) A library serving a population of at least 500,001 persons must:
(A) have local expenditures amounting to at least $13.00 per capita in local fiscal years 2007, 2008, 2009; $13.40 per capita in local fiscal years 2010, 2011, 2012; $13.82 per capita in local fiscal years 2013, 2014, 2015.
(B) have at least one item of library materials per capita or expend at least 25% of the local expenditures on the purchase of library materials;
(C) be open for service not less than 64 hours per week; [
and
]
(D) employ a library director for at least 40 hours per week in library duties; and
(E)
[
(D)
]
employ
[
have
] twelve
full-time
professional [
full-time
] librarians,
with one additional
full-time
professional [
full-time
]
librarian for every 50,000 persons above 500,000; an additional professional
[
full-time
] librarian must be assigned full time to
coordinate
and manage
system duties if the library is a major resource center.
[
See §1.47 of this title for definition of a professional librarian.
]
(2) A library serving a population of 200,001 - 500,000 persons must:
(A) have local expenditures amounting to at least $11.25 per capita in local fiscal years 2007, 2008, 2009; $11.60 per capita in local fiscal years 2010, 2011, 2012; $11.95 per capita in local fiscal years 2013, 2014, 2015;
(B) have at least one item of library materials per capita or expend at least 25% of the local expenditures on the purchase of library materials;
(C) be open for service not less than 64 hours per week; [
and
]
(D) employ a library director for at least 40 hours per week in library duties; and
(E)
[
(D)
]
employ
[
have
] six
full-time
professional [
full-time
] librarians,
with one additional
full-time
professional [
full-time
]
librarian for every 50,000 persons above 200,000; an additional professional
[
full-time
] librarian must be assigned full time to
coordinate
and manage
system duties if the library is a major resource center.
[
See §1.47 of this title (relating to Consulting and Continuing
Education Services) for definition of a professional librarian.
]
(3) A library serving a population of 100,001 - 200,000 persons must:
(A) have local expenditures amounting to at least $9.00 per capita in local fiscal years 2007, 2008, 2009; $9.30 per capita in local fiscal years 2010, 2011, 2012; $9.60 per capita in local fiscal years 2013, 2014, 2015;
(B) have at least one item of library materials per capita or expend at least 25% of the local expenditures on the purchase of library materials;
(C) be open for service not less than 54 hours per week; [
and
]
(D) employ a library director for at least 40 hours per week in library duties; and
(E)
[
(D)
]
employ
[
have
] four
full-time
professional [
full-time
] librarians,
with one additional
full-time
professional [
full-time
]
librarian for each 50,000 persons above 100,000; an additional professional
librarian must be assigned full time to
coordinate and manage
system
duties if the library is a major resource center.
(4) A library serving a population of 50,001 - 100,000 persons must:
(A) have local expenditures amounting to at least $7.50 per capita in local fiscal years 2007, 2008, 2009; $7.75 per capita in local fiscal years 2010, 2011, 2012; $8.00 per capita in local fiscal years 2013, 2014, 2015;
(B) have at least one item of library materials per capita or expend at least 25% of the local expenditures on the purchase of library materials;
(C) be open for service not less than 48 hours per week; [
and
]
(D) employ a library director for at least 40 hours per week in library duties; and
(E)
[
(D)
]
employ
[
have
] at least two
full-time
professional [
full-time
]
librarians.
(5) A library serving a population of 25,001 - 50,000 persons must:
(A) have local expenditures of at least $5.00 per capita in local fiscal years 2007, 2008, 2009; $5.15 in local fiscal years 2010, 2011, 2012; $5.31 per capita in local fiscal years 2013, 2014, 2015;
(B) have at least one item of library materials per capita or expend at least 25% of the local expenditures on the purchase of library materials;
(C) be open for service not less than 40 hours per week; [
and
]
(D) employ a library director for at least 40 hours per week in library duties; and
(E)
[
(D)
]
employ
[
have
] at least one
full-time
professional [
full-time
]
librarian.
(6) A library serving a population of 10,001 - 25,000 persons must:
(A) have local expenditures of at least $4.00 per capita in local fiscal years 2007, 2008, 2009; $4.12 per capita in local fiscal years 2010, 2011, 2012; $4.25 per capita in local fiscal years 2013, 2014, 2015;
(B) have at least one item of library materials per capita or expend at least 25% of the local expenditures on the purchase of library materials, provided that in either case a minimum of 7,500 items are held;
(C) be open for service not less than 30 hours per week; and
(D) employ a library director for at least 30 hours per week in library duties.
[(D) have a head librarian who is employed in library duties at least 30 hours per week.]
(7) A library serving a population of 5,001 - 10,000 must:
(A) have local expenditures of at least $3.75 per capita in local fiscal years 2007, 2008, 2009; $3.85 per capita in local fiscal years 2010, 2011, 2012; $3.97 per capita in local fiscal years 2013, 2014, 2015;
(B) have at least one item of library materials per capita or expend at least 25% of the local expenditures on the purchase of library materials; provided that in either case a minimum of 7,500 items are held.
(C) be open for service not less than 20 hours per week; and
(D) employ a library director for at least 20 hours per week in library duties.
[(D) have a head librarian who is employed in library duties at least 20 hours per week.]
(8) A library serving a population of 5,000 or fewer persons must:
(A) have local per capita expenditures or minimum total local expenditures, whichever is greater, of $3.50 per capita or $10,000 total in local fiscal years 2007, 2008, 2009; $3.60 per capita or $10,300 total in local fiscal years 2010, 2011, 2012; $3.70 per capita or $10,650 in local fiscal years 2013, 2014, 2015;
(B) have at least one item of library materials per capita or expend at least 25% of the local expenditures on the purchase of library materials, provided that in either case a minimum of 7,500 items are held;
(C) be open for service not less than 20 hours per week; and
(D) employ a library director for at least 20 hours per week in library duties.
[(D) have a head librarian who is employed in library duties at least 20 hours per week.]
§1.83.Other Requirements.
Each public library applying for membership in the Texas Library System must meet the following requirements:
(1)
The
[
By local fiscal year 2004, a
]
library must have a telephone with a listed number.
(2)
The
[
By local fiscal year 2005, a
]
library must have available both a photocopier and a computer with Internet
access for use by the library staff and the general public.
(3)
The library must
[
By local fiscal year
2005, a public library shall
] offer to borrow materials via the interlibrary
loan resource sharing service for persons residing in the library's designated
service area. A library
must
[
shall
] also participate
in the interlibrary loan resource sharing service by lending its materials
to other libraries, as requested. The library governing board may adopt policies
regarding materials available for loan and the length of the loan, the good
standing of the borrower, and other relevant issues; these policies must be
posted on the library system's web site.
(4)
The library director must
[
By local fiscal
year 2005, a public library director shall
] have a minimum of ten hours
of continuing education credits annually.
Continuing education activities
must be instructional and may include workshops, appropriate sessions at library
association conferences, and distance education courses. Library system meetings,
board meetings, public hearings, other business meetings, author luncheons,
and other non-instructional sessions are not considered continuing education
activities. The director must maintain appropriate documentation of participation,
duration, and relevance to the operation of a library.
[
These continuing
education hours must meet the qualitative requirements of §5.4 of this
title (relating to Term).
]
(5)
The library must
[
By local fiscal year
2006, a public library shall
] have a catalog of its holdings available
to the public that is searchable, either manually or electronically, at a
minimum by author, title, and subject.
(6)
The library must
[
By local fiscal year
2006, a public library shall
] have a long-range plan that is approved
by its governing board. This plan must be reviewed and updated at least every
five years and must include a collection development element. Library systems
must
[
shall
] provide public libraries with the consulting
and continuing education services necessary to develop these plans as part
of the services provided under §1.47 of this title (relating to Consulting
and Continuing Education Services).
§1.84.Professional Librarian.
(a) A professional librarian is defined as a person holding either a fifth year degree in librarianship from a program accredited by the American Library Association or a master's degree in library or information science from a program accredited by the American Library Association or a higher credential from a library school offering an American Library Association-approved program in library or information science. Upon the written request of persons holding degrees in library or information science from schools outside the United States or Canada, the state librarian may certify them as professional librarians if their program of study is deemed comparable to that of a library school accredited by the American Library Association.
(b) Individuals who were issued a Grade I - Special County Librarians Certificate may be designated a professional librarian for the purposes of §1.81 of this subchapter (relating to Quantitative Standards for Accreditation of Library). This designation is valid only for the library where the person was employed on June 15, 2007. The individual must still comply with the annual requirements of §1.83(4) of this subchapter (relating to Other Requirements). Grade I - Special County Librarians Certificate were previously issued under the terms of a now-repealed rule (§5.5 of this title, relating to Special Provisions for Certifying County Librarians).
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 June 15, 2007.
TRD-200702472
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: July 29, 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 to repeal 13 TAC §§5.1 - 5.5 and §§5.7 - 5.9, regarding the county librarian certification.
Senate Bill 913 has repealed Government Code §441.007 which provided the commission the statutory authority to certify county librarians. The proposed repeal will revise the rules accordingly.
Deborah Littrell, Library Development Division Director, has determined that for the first five years the repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeals.
Ms. Littrell also has determined that for each of the first five years the repeals are in effect the public benefits anticipated as a result of enforcing the repeals will be to comply with state law. There are no cost implications to either small businesses or persons required to comply with the proposed repeals.
Written comments on this proposal may be submitted to Christopher Jowaisas, Library Development Division, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas 78711-2927, or fax (512) 463-8800.
The repeals are proposed under the authority of Senate Bill 913 (80th Legislature, Regular Session) that repeals the authority of the commission to certify county librarians.
The proposed repeals affect the Government Code §441.007.
§5.1.Grade I Certificate (Permanent).
§5.2.Grade II Certificate.
§5.3.Grade III Certificate.
§5.4.Term.
§5.5.Special Provisions.
§5.7.Certification of Persons from Other States.
§5.8.Complaints Against County Librarians.
§5.9.Administrative Hearing.
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 June 15, 2007.
TRD-200702468
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Earliest possible date of adoption: July 29, 2007
For further information, please call: (512) 463-5459