By:  Price                                            H.B. No. 1843
       73R6235 MLR-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the placement of print access aids in libraries for use
    1-3  by persons who are visually disabled.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  DEFINITIONS.  In this Act:
    1-6              (1)  "Print access aid" means an item, piece of
    1-7  equipment, or product system that improves or facilitates access to
    1-8  standard print by enlarging or magnifying print, or by
    1-9  electronically converting print to spoken, recorded, or tactile
   1-10  format.
   1-11              (2)  "Public library" has the meaning assigned by
   1-12  Section 441.122, Government Code, and its subsequent amendments.
   1-13              (3)  "Standard print" means text that appears on paper,
   1-14  microfilm, microfiche, or other microformat, or in machine-readable
   1-15  form, in a type size smaller than 14 points.
   1-16              (4)  "State library" means the Texas State Library.
   1-17        SECTION 2.  PRINT ACCESS AIDS IN CERTAIN PUBLIC LIBRARIES.
   1-18  (a)  A public library that serves an area  with a population of
   1-19  100,000 or more, according to the most recent federal decennial
   1-20  census, shall, to make its services and collections more
   1-21  accessible, make a print access aid available for use by a person
   1-22  who cannot clearly read printed material because of a visual
   1-23  disability.
   1-24        (b)  If funds are appropriated for that purpose, the state
    2-1  library shall acquire and lend at no cost print access aids to
    2-2  public libraries that are required by Subsection (a) to provide the
    2-3  aids.  The state library is not required to provide a print access
    2-4  aid to a public library if the state library:
    2-5              (1)  does not have sufficient funds to acquire a print
    2-6  access aid; or
    2-7              (2)  the public library:
    2-8                    (A)  demonstrates that persons with disabilities
    2-9  in the community receive full access to the library's facility and
   2-10  services without the need of a print access aid; or
   2-11                    (B)  demonstrates that the community need for a
   2-12  print access aid does not warrant the placing of a print access aid
   2-13  at the library.
   2-14        SECTION 3.  STATE LIBRARY ASSISTANCE.  (a)  If funds are
   2-15  appropriated for that purpose, the state library may, on request,
   2-16  acquire and lend a print access aid to a public library that serves
   2-17  an area with a population of less than 100,000, according to the
   2-18  most recent federal decennial census.
   2-19        (b)  To be eligible to receive a print access aid under
   2-20  Subsection (a) of this section, the requesting library must
   2-21  demonstrate a community need for the aid.
   2-22        SECTION 4.  TRAINING AND INFORMATION.  The state library
   2-23  shall provide to a library requesting or receiving a print access
   2-24  aid under this Act technical assistance, including assistance in:
   2-25              (1)  explaining to library employees the function of a
   2-26  print access aid;
   2-27              (2)  assessing local needs for use of a print access
    3-1  aid;
    3-2              (3)  providing to library employees training and
    3-3  information in the use of a print access aid;
    3-4              (4)  preparing and distributing public information
    3-5  regarding the availability and location of a print access aid; and
    3-6              (5)  providing assistance in developing policies and
    3-7  guidelines for use of an aid.
    3-8        SECTION 5.  MAINTENANCE OF EQUIPMENT.  From funds
    3-9  appropriated for the purpose, the state library shall pay the
   3-10  maintenance or repair cost of a print access aid supplied to a
   3-11  library under this Act.  If the state library cannot pay the
   3-12  maintenance or repair cost of an aid, the library receiving the aid
   3-13  may pay the maintenance or repair cost or return the aid to the
   3-14  state library.
   3-15        SECTION 6.  RELOCATION.  The state library shall review each
   3-16  library provided a print access aid under this Act once every two
   3-17  years to determine whether to relocate an aid provided to that
   3-18  library.  The state library shall make a relocation decision based
   3-19  on population shifts, the use of the equipment, and community need.
   3-20        SECTION 7.  FUNDING.  The requirements of this Act for the
   3-21  provision and placement of print access aids by the state library
   3-22  are contingent on adequate appropriations to the state library for
   3-23  the purchase, maintenance, and repair of print access aids.  If
   3-24  appropriations made to the state library are not sufficient to
   3-25  place and maintain print access aids in each library required to
   3-26  have an aid under Section 2 of this Act, the state library shall
   3-27  make a placement decision for the aid based on demonstrated
    4-1  community need and local support provided by a library.
    4-2        SECTION 8.  REPEAL.  Subchapter H, Chapter 441, Government
    4-3  Code, is repealed.
    4-4        SECTION 9.  EFFECTIVE DATE.  This Act takes effect September
    4-5  1, 1993.
    4-6        SECTION 10.  Emergency.  The importance of this legislation
    4-7  and the crowded condition of the calendars in both houses create an
    4-8  emergency and an imperative public necessity that the
    4-9  constitutional rule requiring bills to be read on three several
   4-10  days in each house be suspended, and this rule is hereby suspended.