Part 1.
TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
Chapter 2.
GENERAL POLICIES AND PROCEDURES
Subchapter C. GRANT POLICIES
The Texas State Library and Archives Commission adopts new 13 TAC
Chapter 2, Subchapter C, §§2.110 - 2.119, 2.210 - 2.212, 2.310 -
2.312, 2.410 - 2.412, 2.510 - 2.512, 2.610 - 2.612, 2.710 - 2.712, and 2.810
- 2.815, relating to grant policies and procedures for the management of grants
distributed or administered by the agency. Sections 2.110, 2.118, 2.212, 2.311,
2.411, 2.511, 2.512, and 2.611 are adopted with changes to the proposed text
as published in the November 10, 2006, issue of the
Texas Register
(31 TexReg 9164). Sections 2.111 - 2.117, 2.119, 2.210,
2.211, 2.310, 2.312, 2.410, 2.412, 2.510, 2.610, 2.612, 2.710 - 2.712, and
2.810 - 2.815 are adopted without changes and will not be republished.
The new rules are being adopted in coordination with a repeal of existing
rules for the administration of agency grants.
A number of comments were received.
Two regional library systems recommended a revision to §2.611 to remove
the limitation of this division to state fiscal years 2008 and 2009. The agency
concurs and has revised the rule language.
The regional library systems also recommended an addition to §2.612
to specify that the Library Systems Act Advisory Board score the proposals.
Because standardization of grant policies and procedures was one of the primary
desired outcomes of revising these rules, the agency does not concur.
One public library director stated that the rules favor larger libraries
at the expense of smaller libraries; however, no specific changes are recommended.
Because the agency has had many years of experience in awarding competitive
grants and this experience shows that smaller libraries have been able to
plan and present competitive proposals, the agency does not concur.
One public library director stated that the rules are too long for smaller
libraries to read, especially since they are too busy checking out books.
The agency understands this concern and will issue guidelines for each type
of grant that will not require people to read and understand the administrative
rules as adopted.
One public library director opposed allowing other types of libraries the
opportunity to apply for grants. While the agency understands the desire to
limit others access to sources of funding, the competitive grants are federal
Library Services and Technology Act funds which states that all types of libraries
should be eligible.
An advisory working group made a number of recommendations regarding Division
5: (a) removing the concept of "seed money;" the agency concurs and the rules
reflect this change; (b) removing microfilming from the list of allowable
activities; the agency concurs and the rules reflect this change; (c) allowing
only TexShare members to be the lead organization; because standardization
of grant policies and procedures was one of the primary desired outcomes of
revising these rules, the agency does not concur; and (d) removing the matching
funds requirement from rule; the agency concurs and the rules reflect this
change. In addition they recommended removing the special consideration provisions
of §2.120; since major resource and regional library systems did not
express support for this provision, the agency concurs and has removed this
section.
Finally, a commission member recommended deleting the first sentence of §2.512(1)
because the concept of "uniqueness" was too high a standard; the agency concurs
and has removed this sentence.
A number of typographical errors were also identified and corrected in §§2.118,
2.212, 2.311, 2.411, and 2.511.
1.
GENERAL GRANT GUIDELINES
13 TAC §§2.110 - 2.119
The new sections are adopted under Government Code, §441.0091,
Grant Program for Local Libraries, which permits the commission to adopt rules
relating to providing grants to meet specific information needs of residents
of the state and specific needs of local libraries.
§2.110.Scope of Subchapter.
The agency operates a variety of grant programs including negotiated,
competitive, and formula grants. This subchapter applies to all types of grant
programs. However, §§2.112, 2.113, 2.117, 2.118, and 2.119 of this
title (relating to Eligible and Ineligible Expenses, Peer Review, Grant Review
and Award Process, Decision Making Process, and Multiple Applications) apply
only to competitive grant programs. Formula grant guidelines are also specified
in §2.810 et al (relating to Loan Star Libraries grants), and §1.41
et al (relating to Library Systems grants).
§2.118.Decision Making Process.
To be considered eligible for funding by the commission, any application
must receive a minimum adjusted mean score of more than 50 percent of the
maximum points available. To reduce the impact of scores that are exceedingly
high or low, or otherwise outside the range of scores from other reviewers,
agency staff will tabulate the panel's work using calculations such as an
adjusted mean score.
(1)
Applications will be ranked in priority order by score
for consideration by the commission.
(2)
If insufficient funds remain to fully fund the next application,
the staff will negotiate a reduced grant with the next ranked applicant.
(3)
If the panel recommends funding an application that, for
legal, fiscal, or other reasons, is unacceptable to the staff, a contrary
recommendation will be made. The applicant will be informed of this situation
prior to presentation to the commission and may negotiate a revision to the
application. A positive recommendation to the commission will be contingent
upon successfully completing these negotiations prior to the commission meeting.
(4)
If the panel is unable to produce a set of recommendations
for funding, the agency staff will use the same evaluation procedures to develop
recommendations to the commission.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on February 13, 2007.
TRD-200700458
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: March 5, 2007
Proposal publication date: November 10, 2006
For further information, please call: (512) 463-5459
13 TAC §§2.210 - 2.212
The new sections are adopted under Government Code, §441.0091,
Grant Program for Local Libraries, which permits the commission to adopt rules
relating to providing grants to meet specific information needs of residents
of the state and specific needs of local libraries.
§2.212.Technical Assistance Grants.
(a)
Goals and Purposes. This grant program provides funds for
technical assistance to public or other libraries to help enable library staff
use and maintain information resource technology.
(b)
Eligible Applicants include major resource library systems
and regional library systems; if a major resource library system or regional
library system is not awarded a grant, the commission may contract with another
library, non-profit corporation, or business to provide service.
(c)
Criteria for Grant. The commission may award negotiated
grants to provide technical assistance services. An award may be made and/or
renewed each year if:
(1)
the applicant demonstrates capability of delivering the
specified technical assistance in a timely fashion at a reasonable cost;
(2)
the commission finds a continuing regional and statewide
need for the services (relative to other services); and
(3)
the commission finds that the best value to the state will
be achieved without competition.
(d)
Eligible Expenses.
(1)
This grant will fund costs for personnel, equipment/property,
telecommunications, supplies, travel and professional services necessary to
provide the specified technical assistance.
(2)
This grant will not fund building construction or renovation;
major capital expenses; food, beverages, or gifts; equipment/property or technology
not specifically needed to carry out the goals of the grant; or travel for
non-grant funded personnel.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on February 13, 2007.
TRD-200700459
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: March 5, 2007
Proposal publication date: November 10, 2006
For further information, please call: (512) 463-5459
13 TAC §§2.310 - 2.312
The new sections are adopted under Government Code, §441.0091,
Grant Program for Local Libraries, which permits the commission to adopt rules
relating to providing grants to meet specific information needs of residents
of the state and specific needs of local libraries.
§2.311.Eligible Applicants.
(a)
Through their governing authority, major resource library
systems, regional library systems, and libraries that are members of the TexShare
Library Consortium are eligible to apply for funds. These funds are awarded
to major resource or regional library systems or TexShare member libraries
but may be used with all types of libraries as specified in the grant guidelines
and application. Applicants must be members of the TexShare Library Consortium
or the Texas Library System at the time of application and for the period
of grant funding. Non-profit organizations may be awarded funds for projects
that involve a number of TexShare member libraries, as well as other types
of libraries or organizations. Public school libraries may participate as
partners in grants lead by eligible entities.
(b)
Successful applicants are eligible to apply for grant funds
for the two years following the initial grant year. The second and third application
will be evaluated with the same criteria as new applications. No applicant
will be eligible for a fourth year of funding for the same project.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 13, 2007.
TRD-200700460
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: March 5, 2007
Proposal publication date: November 10, 2006
For further information, please call: (512) 463-5459
13 TAC §§2.410 - 2.412
The new sections are adopted under Government Code, §441.0091,
Grant Program for Local Libraries, which permits the commission to adopt rules
relating to providing grants to meet specific information needs of residents
of the state and specific needs of local libraries.
§2.411.Eligible Applicants.
(a)
Through their governing authority, major resource library
systems, regional library systems, and libraries that are members of the TexShare
Library Consortium are eligible to apply for funds. These funds are awarded
to major resource or regional library systems or TexShare member libraries
but may be used with all types of libraries as specified in the grant guidelines
and application. Applicants must be members of the TexShare Library Consortium
or the Texas Library System at the time of application and for the period
of grant funding. Non-profit organizations may be awarded funds for projects
that involve a number of TexShare member libraries, as well as other types
of libraries or organizations. Public school libraries may participate as
partners in grants lead by eligible entities.
(b)
Successful applicants are eligible to apply for grant funds
for the two years following the initial grant year. The second and third application
will be evaluated with the same criteria as new applications. No applicant
will be eligible for a fourth year of funding for the same project.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 13, 2007.
TRD-200700461
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: March 5, 2007
Proposal publication date: November 10, 2006
For further information, please call: (512) 463-5459
13 TAC §§2.510 - 2.512
The new sections are adopted under Government Code, §441.0091,
Grant Program for Local Libraries, which permits the commission to adopt rules
relating to providing grants to meet specific information needs of residents
of the state and specific needs of local libraries.
§2.511.Eligible Applicants.
(a)
Through their governing authority, libraries that are members
of the TexShare Library Consortium, or non-profit organizations that are applying
on behalf of TexShare members, are eligible to apply for funds. These funds
are awarded to eligible applicants, but may be used with all types of libraries
or with non-profit organizations that participate as partners in the grant
project, as specified in the grant guidelines and application.
(b)
Successful applicants are eligible to apply for grant funds
for the two years following the initial grant year. The second and third application
will be evaluated with the same criteria as new applications. No applicant
will be eligible for a fourth year of funding for the same project.
§2.512.Criteria for Award.
Proposals will be scored by peer reviewers on five criteria. The maximum
points for each criterion is shown.
(1)
Significance of the collection (30 points). Will the materials
be useful to users throughout the state? Does this project focus on materials
about Texas? Will the project provide an "advancement of knowledge," rather
than cleaning up general backlogs?
(2)
Availability (30 points). How will access to the collection
be provided? Will bibliographic records be available through OCLC or the Internet?
Will materials themselves be available through an Internet connection, through
interlibrary loan, through reciprocal borrowing, or only on-site use? Will
common interoperability standards be used?
(3)
Project Design (20 points). Is the project well defined?
Will access to the collection be sustainable beyond the grant period? Does
the project design reference commonly accepted standards and practices?
(4)
Cost Effectiveness (15 points). How appropriate are the
chosen hardware, software, staffing, and service providers for the project,
given the cost of the project? Is the budget realistic? Does the project proposal
make effective use of the grant funds?
(5)
Evaluation (5 points). How well has the applicant designed
and described the methodology to evaluate the project and estimate the level
of usage? Is the evaluation methodology appropriate and effective?
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on February 13, 2007.
TRD-200700462
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: March 5, 2007
Proposal publication date: November 10, 2006
For further information, please call: (512) 463-5459
13 TAC §§2.610 - 2.612
The new sections are adopted under Government Code, §441.0091,
Grant Program for Local Libraries, which permits the commission to adopt rules
relating to providing grants to meet specific information needs of residents
of the state and specific needs of local libraries.
§2.611.Eligible Applicants.
Major resource library systems and regional library systems may apply
for these grants. Successful applicants are eligible to apply for grant funds
for the year following the initial grant year. This second application will
be evaluated with the same criteria as new applications. Renewal of a grant
is not automatic.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 13, 2007.
TRD-200700463
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: March 5, 2007
Proposal publication date: November 10, 2006
For further information, please call: (512) 463-5459
13 TAC §§2.710 - 2.712
The new sections are adopted under Government Code, §441.0091,
Grant Program for Local Libraries, which permits the commission to adopt rules
relating to providing grants to meet specific information needs of residents
of the state and specific needs of local libraries.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 13, 2007.
TRD-200700464
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: March 5, 2007
Proposal publication date: November 10, 2006
For further information, please call: (512) 463-5459
13 TAC §§2.810 - 2.815
The new sections are adopted under Government Code, §441.0091,
Grant Program for Local Libraries, which permits the commission to adopt rules
relating to providing grants to meet specific information needs of residents
of the state and specific needs of local libraries.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 13, 2007.
TRD-200700465
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: March 5, 2007
Proposal publication date: November 10, 2006
For further information, please call: (512) 463-5459
The Texas State Library and Archives Commission adopts the repeal
of 13 TAC Chapter 2, Subchapter C, §§2.111 - 2.119, 2.120 - 2.125,
2.130 - 2.135, 2.140 - 2.146, 2.150 - 2.155, 2.160 - 2.165, and 2.170 - 2.175,
relating to grant policies and procedures for the management of grants distributed
or administered by the agency. The repeal is adopted without changes to the
proposed text as published in the November 10, 2006, issue of the
Texas Register
(31 TexReg 9172) and will not be republished.
The repeal is adopted in coordination with an effort by the agency to adopt
new, extensively revised rules for the administration of its grants.
No comments were received regarding the proposed repeal of the rules.
1.
GENERAL GRANT GUIDELINES
13 TAC §§2.111 - 2.119
The repeal is adopted under Government Code, §441.0091,
Grant Program for Local Libraries, which permits the State Library and Archives
Commission to adopt rules relating to providing grants to meet specific information
needs of residents of the state and specific needs of local libraries.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 13, 2007.
TRD-200700466
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: March 5, 2007
Proposal publication date: November 10, 2006
For further information, please call: (512) 463-5459
13 TAC §§2.120 - 2.125
The repeal is adopted under Government Code, §441.0091,
Grant Program for Local Libraries, which permits the State Library and Archives
Commission to adopt rules relating to providing grants to meet specific information
needs of residents of the state and specific needs of local libraries.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 13, 2007.
TRD-200700467
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: March 5, 2007
Proposal publication date: November 10, 2006
For further information, please call: (512) 463-5459
13 TAC §§2.130 - 2.135
The repeal is adopted under Government Code, §441.0091,
Grant Program for Local Libraries, which permits the State Library and Archives
Commission to adopt rules relating to providing grants to meet specific information
needs of residents of the state and specific needs of local libraries.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 13, 2007.
TRD-200700468
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: March 5, 2007
Proposal publication date: November 10, 2006
For further information, please call: (512) 463-5459
13 TAC §§2.140 - 2.146
The repeal is adopted under Government Code, §441.0091,
Grant Program for Local Libraries, which permits the State Library and Archives
Commission to adopt rules relating to providing grants to meet specific information
needs of residents of the state and specific needs of local libraries.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 13, 2007.
TRD-200700469
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: March 5, 2007
Proposal publication date: November 10, 2006
For further information, please call: (512) 463-5459
13 TAC §§2.150 - 2.155
The repeal is adopted under Government Code, §441.0091,
Grant Program for Local Libraries, which permits the State Library and Archives
Commission to adopt rules relating to providing grants to meet specific information
needs of residents of the state and specific needs of local libraries.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 13, 2007.
TRD-200700470
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: March 5, 2007
Proposal publication date: November 10, 2006
For further information, please call: (512) 463-5459
13 TAC §§2.160 - 2.165
The repeal is adopted under Government Code, §441.0091,
Grant Program for Local Libraries, which permits the State Library and Archives
Commission to adopt rules relating to providing grants to meet specific information
needs of residents of the state and specific needs of local libraries.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 13, 2007.
TRD-200700471
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: March 5, 2007
Proposal publication date: November 10, 2006
For further information, please call: (512) 463-5459
13 TAC §§2.170 - 2.175
The repeal is adopted under Government Code, §441.0091,
Grant Program for Local Libraries, which permits the State Library and Archives
Commission to adopt rules relating to providing grants to meet specific information
needs of residents of the state and specific needs of local libraries.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 13, 2007.
TRD-200700472
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Effective date: March 5, 2007
Proposal publication date: November 10, 2006
For further information, please call: (512) 463-5459
2.
NEGOTIATED GRANTS
3.
LIBRARY SERVICES AND TECHNOLOGY ACT, LIBRARY COOPERATION GRANTS
4.
LIBRARY SERVICES AND TECHNOLOGY ACT, SPECIAL PROJECTS GRANTS
5.
LIBRARY SERVICES AND TECHNOLOGY ACT, TEXTREASURES GRANTS
6.
LIBRARY SERVICES AND TECHNOLOGY ACT, GUIDELINES FOR LIBRARY SYSTEMS
7.
TEXAS READS GRANTS, GUIDELINES FOR PUBLIC LIBRARIES
8.
LOAN STAR LIBRARIES GRANT PROGRAM, GUIDELINES FOR PUBLIC LIBRARIES
Subchapter C. GRANT POLICIES
2.
LIBRARY SERVICES AND TECHNOLOGY ACT, LIBRARY COOPERATION GRANTS--PART A, TECHNOLOGY, GUIDELINES FOR TEXSHARE LIBRARIES
3.
LIBRARY SERVICES AND TECHNOLOGY ACT, LIBRARY COOPERATION GRANTS--PART B, SERVICES, GUIDELINES FOR TEXSHARE LIBRARIES
4.
LIBRARY ESTABLISHMENT GRANTS, GUIDELINES FOR PUBLIC LIBRARIES
5.
LIBRARY SERVICES AND TECHNOLOGY ACT, SPECIAL PROJECTS GRANTS, GUIDELINES FOR PUBLIC LIBRARIES
6.
LOAN STAR LIBRARIES GRANTS, GUIDELINES FOR PUBLIC LIBRARIES
7.
TEXAS READS GRANT PROGRAM, GUIDELINES FOR PUBLIC LIBRARIES
Chapter 8.
TEXSHARE LIBRARY CONSORTIUM