81R12950 BEF-D
By: Howard of Travis H.B. No. 3756
A BILL TO BE ENTITLED
AN ACT
relating to the Texas State Library and Archives Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 441.006(a), Government Code, is amended
to read as follows:
(a) The commission shall:
(1) govern the Texas State Library;
(2) adopt policies and rules to aid and encourage the
development of and cooperation among all types of libraries,
including public, academic, special, and other types of libraries;
(3) aid those studying problems to be dealt with by
legislation;
(4) prepare and make available to the public and
appropriate state agencies information of public interest
describing the functions of the commission;
(5) deposit money paid to the commission under this
chapter subject to Subchapter F, Chapter 404;
(6) give to any person contemplating the establishment
of a public library advice regarding matters such as maintaining a
public library, selecting books, cataloging, and managing a
library;
(7) conduct library institutes and encourage library
associations;
(8) take custody of, preserve, and make available for
public use state records and other historical resources that
document the history and culture of Texas as a province, colony,
republic, or state;
(9) prepare and make available to the public a
complete list of every state symbol and place designation,
including state symbols and place designations made in accordance
with Chapter 391; [and]
(10) aid and encourage, by adoption of policies and
programs, the development of effective records management and
preservation programs in state agencies and the local governments
of the state; and
(11) provide library services to persons with
disabilities in cooperation with the federal government.
SECTION 2. The heading to Section 441.009, Government Code,
is amended to read as follows:
Sec. 441.009. STATE PLAN FOR LIBRARY SERVICES AND
TECHNOLOGY [CONSTRUCTION].
SECTION 3. Sections 441.009(a) and (c), Government Code,
are amended to read as follows:
(a) The commission may adopt a state plan for improving
library services consistent with federal goals [of and constructing
county, municipal, and other public libraries].
(c) The plan must include a procedure by which a [county or
municipal] library may apply for money under the plan and a
procedure for a fair hearing for a library whose application for
money is refused. Money from local, state, or federal sources may
be used. The money shall be administered according to local, state,
and federal requirements.
SECTION 4. The heading to Section 441.0092, Government
Code, is amended to read as follows:
Sec. 441.0092. TEXAS READS [NEW MILLENNIUM READING] PROGRAM
GRANTS.
SECTION 5. Section 441.0092(a), Government Code, is amended
to read as follows:
(a) From money in the Texas Reads [new millennium reading]
program account, the commission shall make grants to fund programs
to promote reading provided by public libraries.
SECTION 6. Sections 441.122(1), (10), (11), and (13),
Government Code, are amended to read as follows:
(1) "Accreditation of libraries" means the evaluation
and rating of [public] libraries [and library systems, and the
evaluation and rating of libraries that are operated by a public
school district, institution of higher education, or unit of state
or local government but that are not public libraries,] according
to commission accreditation standards.
(10) "Major resource center" means a large public
library [serving a population of 200,000 or more within 4,000 or
more square miles] that is designated by the commission as the
central library of a major resource system for [referral service
from area libraries in the system, for] cooperative service with
other libraries in the system[, and for federated operations with
other libraries in the system].
(11) "Major resource system" means a network of
libraries [library systems] attached to a major resource center[,
consisting of area libraries joined cooperatively to the major
resource center, community libraries joined cooperatively to area
libraries or directly to the major resource center, and libraries
that are not public libraries that join the system under Section
441.1271].
(13) "Regional library system" means a network of
libraries [library systems] established under this subchapter.
[Notwithstanding other provisions of this subchapter, libraries
operated by public school districts, institutions of higher
education, and units of state or local government may become
members of a regional library system to make the library resources
freely accessible to all residents of the system.]
SECTION 7. Sections 441.124(a) and (d), Government Code,
are amended to read as follows:
(a) The commission shall appoint an advisory board composed
of five librarians qualified by training, experience, and interest
to advise the commission on the policy to be followed in applying
this subchapter. Chapter 2110 does not apply to the composition of
the advisory board.
(d) A member of the board serves without compensation but is
entitled to reimbursement for actual and necessary expenses
incurred in the performance of official duties, subject to any
applicable limitation on reimbursement provided by the General
Appropriations Act.
SECTION 8. The heading to Section 441.126, Government Code,
is amended to read as follows:
Sec. 441.126. AUTHORITY TO ESTABLISH [MAJOR RESOURCE]
SYSTEMS.
SECTION 9. Section 441.127(c), Government Code, is amended
to read as follows:
(c) The governing body of a public library that proposes to
become a major resource center shall submit to the director and
librarian an annual [initial] plan of service for the major
resource system [and annually after the library becomes a major
resource center shall submit a plan of system development] made in
consultation with the advisory council.
SECTION 10. The heading to Section 441.1271, Government
Code, is amended to read as follows:
Sec. 441.1271. EXTENDING MEMBERSHIP OF [MAJOR RESOURCE]
SYSTEMS TO CERTAIN NONPUBLIC LIBRARIES.
SECTION 11. Sections 441.1271(a), (b), (c), (d), and (e),
Government Code, are amended to read as follows:
(a) A major resource system may extend its membership to
include libraries that are not public libraries and that are
operated by one of the following:
(1) a public school district;
(2) an institution of higher education;
(3) a unit of local, state, or federal government;
[or]
(4) accredited non-public elementary or secondary
schools; or
(5) special or research libraries [a unit of local
government].
(b) The decision to extend major resource system membership
under Subsection (a) must be:
(1) made in accordance with the bylaws of the library
[on a two-thirds vote of the governing bodies of the members of the
major resource] system; and
(2) approved by the commission.
(c) A library that is a type of library to which a major
resource system has extended its membership under this section:
(1) must be accredited by the commission to be
eligible to join the system; and
(2) may join the system by resolution or agreement
[ordinance] of its governing body or designee [and execution of
interlibrary contracts for service].
(d) The commission may terminate the [system] membership of
a library that is not a public library and that joined a major
resource system under this section if the library[:
[(1)] loses its accreditation by ceasing to meet the
minimum standards established by the commission[; or
[(2) fails to comply with obligations stated in the
applicable resolution or ordinance or interlibrary contracts for
service].
(e) A library that [is not a public library that] joins a
major resource system under this section must agree to loan
materials without charge to users of other libraries [provide
benefits to the public through its membership in the system that are
sufficient to constitute fair value in exchange for the benefits
received by the library through its membership] in the system.
SECTION 12. Sections 441.130(a) and (b), Government Code,
are amended to read as follows:
(a) Each major resource system has an advisory council
composed of not more than 12 [six lay] members representing the
member libraries of the system.
(b) The commission [governing body of each member library of
the system] shall adopt rules to provide guidance to [elect or
appoint a representative to elect council members. The
representatives shall meet following their selection and shall
elect the initial council from their group. The representatives in
an annual meeting shall elect members of their group to fill council
vacancies caused by expiration of terms of office. Other vacancies
shall be filled for the unexpired term by the remaining members of
the council. At all times one member of the council must be a
representative of the] major resource systems on the administrative
operation of advisory councils. Major resource systems will use
this guidance to develop bylaw provisions for their advisory
councils [center].
SECTION 13. Section 441.131, Government Code, is amended
by amending Subsection (b) and adding Subsections (b-1) and (b-2)
to read as follows:
(b) Governing bodies of libraries within a regional library
system may establish a nonprofit corporation under the Texas
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
Texas Civil Statutes) to administer the system or may contract with
a private business to administer the system. If the governing
bodies form a nonprofit corporation, they may select a board of
directors and adopt bylaws for the corporation. Bylaws adopted or a
contract executed under this section may permit other libraries
operated by the following entities to become members of the
regional library system:
(1) a public school district;
(2) an institution [districts, institutions] of
higher education;
(3) a unit[, and units] of local, state, or federal
[local] government;
(4) an accredited non-public elementary or secondary
school; or
(5) a special or research library [to become members
of the regional library system].
(b-1) Bylaws adopted under Subsection (b) may provide for
reorganization, merger, division, and dissolution.
(b-2) A library that joins a regional system under this
section must agree to loan materials without charge to users of
other libraries in the system.
SECTION 14. Sections 441.136(a) and (d), Government Code,
are amended to read as follows:
(a) The director and librarian, with the advice of the
advisory board, shall propose [initial] rules necessary to the
administration of the program of state grants, including
qualifications for major resource system membership. The
[proposed] rules shall be [published in the official publication of
the Texas State Library with notice of a public hearing before the
commission on the] proposed and adopted according to Chapter 2001
[rules to be held on a specified date not less than 30 nor more than
60 days after the date of the publication].
(d) The commission shall include requirements in its rules
to ensure that [both the population served and] the constituent
member libraries are adequately represented in the conduct of
system business relating to activities involved in the development
of a plan of service and adequately represented on each major
resource system advisory council. Rules adopted as required by
this subsection do not apply to the governing board or board of
directors of a regional library system governed by applicable
requirements of the Texas Business Corporation Act or the Texas
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
Texas Civil Statutes).
SECTION 15. Section 441.160, Government Code, is amended to
read as follows:
Sec. 441.160. REVISIONS TO RECORDS RETENTION SCHEDULES.
The records retention schedules may be revised and the revisions
take effect according to their terms when they are approved and
adopted in the same manner as provided by Section 441.158.
[However, editorial changes that do not substantively change the
description of a record or its retention period and changes to
retention periods as the result of changes to retention periods
prescribed in a federal or state law, rule of court, or regulation
do not require approval of the local government records committee
before adoption.]
SECTION 16. Section 441.180(11), Government Code, is
amended to read as follows:
(11) "State record" means any written, photographic,
machine-readable, or other recorded information created or
received by or on behalf of a state agency or an elected state
official that documents activities in the conduct of state business
or use of public resources. The term includes any recorded
information created or received by a Texas government official in
the conduct of official business, including officials from periods
in which Texas was a province, colony, republic, or state. The term
does not include:
(A) library or museum material made or acquired
and maintained solely for reference or exhibition purposes;
(B) an extra copy of recorded information
maintained only for reference; or
(C) a stock of publications or blank forms.
SECTION 17. Sections 441.192(a), (b), and (c), Government
Code, are amended to read as follows:
(a) The governing body of a state agency may demand the
return of any state [government] record in the private possession
of a person if the removal of the state record from the state agency
or the agency's predecessor was not authorized by law.
(b) The director and librarian may demand the return of any
state [government] record or archival state record [of permanent
value] in the private possession of any person.
(c) If the person in possession of the state [government]
record or archival state record refuses to deliver the record on
demand, the director and librarian or the governing body of a state
agency may ask the attorney general to petition a district court in
Travis County for the recovery of the record as provided by this
section. If the court finds that the record is a state [government]
record or archival state record, the court shall order the return of
the record to the custody of the state. As part of the petition or
at any time after its filing, the attorney general may petition to
have the record seized pending the determination of the court if the
director and librarian or governing body finds the record is in
danger of being destroyed, mutilated, altered, secreted, or removed
from the state.
SECTION 18. Section 441.222, Government Code, is amended to
read as follows:
Sec. 441.222. CREATION OF CONSORTIUM. The commission shall
establish and maintain the TexShare consortium as a
resource-sharing consortium operated as a program within the
commission for libraries at institutions of higher education and[,]
for public libraries, [and for] libraries of nonprofit
corporations, and other types of libraries.
SECTION 19. Section 441.223, Government Code, is amended to
read as follows:
Sec. 441.223. FINDINGS; PURPOSE AND METHODS. The
legislature finds that it is necessary to assist libraries across
the state [at public and private or independent institutions of
higher education, public libraries, designated public school
libraries, and libraries of nonprofit corporations] to promote the
public good by achieving the following public purposes through the
following methods:
(1) to promote the future well-being of the citizenry,
enhance quality teaching and research excellence at institutions of
higher education through the efficient exchange of information and
the sharing of library resources, improve educational resources in
all communities, and expand the availability of information about
clinical medical research and the history of medicine;
(2) to maximize the effectiveness of library
expenditures by enabling libraries to share staff expertise and to
share library resources in print and in an electronic form,
including books, journals, technical reports, and databases;
(3) to increase the intellectual productivity of
students and faculty at the participating institutions of higher
education by emphasizing access to information rather than
ownership of documents and other information sources;
(4) to facilitate joint purchasing agreements for
purchasing information services and encourage cooperative research
and development of information technologies; and
(5) to enhance the ability of public schools to
further student achievement and lifelong learning [through
designated public school library participation in group purchasing
agreements].
SECTION 20. Section 441.224(a), Government Code, is amended
to read as follows:
(a) Membership in the consortium is open to all institutions
of higher education, all public libraries that are members of the
state library system, and all libraries of nonprofit corporations.
The commission, by rule, may also admit other types of libraries as
members or as affiliated members.
SECTION 21. Sections 441.226(a) and (b), Government Code,
are amended to read as follows:
(a) The commission shall appoint an [eleven-member]
advisory board to advise the commission on matters relating to the
consortium. Composition of the board must be representative of the
various types of libraries comprising the membership. At least two
members must be representatives of the general public[, at least
two members must be affiliated with a four-year public university
in the consortium, at least two members must be affiliated with a
public community college in the consortium, at least two members
must be affiliated with a private institution of higher education
in the consortium, and at least two members must be affiliated with
a public library in the consortium]. Members of the advisory board
must be qualified by training and experience to advise the
commission on policy to be followed in applying this subchapter.
Chapter 2110 does not apply to the composition of the advisory
board.
(b) The commission [advisory board] shall adopt rules [meet
regularly] regarding [consortium programs and plans at] the
organization and structure [call] of the advisory board [board's
chairman or of the director and librarian].
SECTION 22. Sections 441.229(b) and (c), Government Code,
are amended to read as follows:
(b) The commission may designate [public school] libraries
that may participate in group purchasing agreements provided to the
consortium. The commission by rule shall establish criteria for
the participation.
(c) The commission may allow designated [public school]
libraries to participate in a group purchasing agreement only to
the extent that the commission may do so efficiently and [only] in a
manner that enhances resource sharing [does not reduce] services to
the consortium members.
SECTION 23. Section 441.230, Government Code, is amended to
read as follows:
Sec. 441.230. GRANTS TO MEMBERSHIP INSTITUTIONS. To
achieve the purposes of this subchapter, the commission may grant
money to consortium members [institutions of higher education].
The commission shall ensure that the commission or institutions in
the consortium receive benefits that are sufficient to constitute
fair value in return for any grant made by the commission. The
commission shall require a recipient of a grant to report to the
commission information relating to best practices and performance
outcomes.
SECTION 24. Sections 323.005(b) and (d), Local Government
Code, are amended to read as follows:
(b) [A person is not eligible for employment as a county
librarian unless the person has first obtained from the Texas State
Library and Archives Commission a county librarian's certificate of
qualification. If a person has received the certificate and has
served as a county librarian, further examination and certification
by the commission is not required for employment or reemployment of
the person as a county librarian.] Before beginning to perform
duties, a person employed as county librarian must file with the
county clerk the official oath and, at the discretion of the
commissioners court, execute a bond conditioned that the person
will faithfully perform the duties of the position. The bond must
be in an amount determined by the commissioners court and must be
purchased from sufficient sureties approved by the county judge.
(d) On or before March 31 [October 1] of each year, the
county librarian shall report to the commissioners court and the
state librarian on the operation of the county library during the
previous fiscal year [ending on the preceding August 31]. The
report must be made on a form furnished by the state librarian and
must contain a statement of the condition of the library and a
statement of its operation during the year and must contain
financial and book statistics customarily kept by well-regulated
libraries.
SECTION 25. Section 323.011(b), Local Government Code, is
amended to read as follows:
(b) The contract must provide that the established library
assume the functions of a county library within the county,
including municipalities in the county[, and must provide that the
librarian of the established library hold or secure a county
librarian's certificate from the Texas State Library and Archives
Commission]. The commissioners court may contract to pay annually
to the established library out of the general fund of the county an
amount on which the parties may agree.
SECTION 26. The following provisions of the Government Code
are repealed:
(1) Sections 441.122(3) and (5);
(2) Sections 441.130(c), (d), (e), and (f);
(3) Section 441.133;
(4) Section 441.134;
(5) Sections 441.136(b) and (c);
(6) Section 441.139;
(7) Section 441.158(d);
(8) Section 441.161;
(9) Section 441.162;
(10) Section 441.163;
(11) Section 441.164;
(12) Section 441.165; and
(13) Sections 441.226(c) and (e).
SECTION 27. The changes in law made by this Act to Sections
441.180 and 441.192, Government Code, apply retroactively and apply
to all state records regardless of when the records were removed
from the custody of this state.
SECTION 28. This Act takes effect September 1, 2009.