SRC-JRN H.B. 2721 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2721
By: Hunter (Bivins)
Education
4-25-97
Engrossed


DIGEST 

Currently, TexShare is a cooperative library resource-sharing program
designed to facilitate the sharing of a variety of library resources.  The
intent of the TexShare program is to increase the intellectual
productivity of students and faculty at publicly funded institutions by
emphasizing access to information, rather than ownership of documents and
other information sources.  This bill adds the TexShare library consortium
to the statutes and transfers the responsibility of the TexShare program
from the Higher Education Coordinating Board to the Texas State Library
and Archives Commission. 

PURPOSE

As proposed, H.B. 2721 adds the TexShare library consortium to the
statutes and transfers the responsibility of the TexShare program from the
Higher Education Coordinating Board to the Texas State Library and
Archives Commission. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to Texas State Library and Archives
Commission  in SECTION 1 (Section 441.205, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 441, Government Code, by adding Subchapter L, as
follows: 

SUBCHAPTER L.  TEXSHARE LIBRARY CONSORTIUM

Sec. 441.201. DEFINITION.  Defines "institution of higher education."

Sec. 441.202. CREATION OF CONSORTIUM.  Requires the Texas State Library
and Archives Commission (commission) to establish and maintain the
TexShare library consortium (consortium) as a resource-sharing consortium
operated as a program within the commission for libraries at institutions
of higher education. 

Sec. 441.203. FINDINGS; PURPOSE AND METHODS.  Provides that the
legislature finds it necessary to assist academic libraries at public and
private or independent institutions of higher education to promote the
public good by achieving purposes for the public through certain methods. 

Sec. 441.204. MEMBERSHIP; FEES.  Provides that membership in the
consortium is open to all institutions of higher education.  Authorize the
director and librarian to establish categories of consortium services and
assess different fees to members based on the categories of consortium
services chosen by a member. 

Sec. 441.205. ADMINISTRATION; RULES.  Sets forth responsibilities of the
director and the librarian.  Authorizes the commission to adopt rules to
govern the operation of the consortium. 

Sec. 441.206. ADVISORY BOARD.  Requires the commission to appoint a
nine-member  advisory board.  Sets forth the composition and requirements
of the members of the advisory board.  Provides that Article 6252-33,
V.T.C.S., does not apply to the composition of the advisory board.
Requires the advisory board to meet regularly regarding consortium
programs and plans at the call of the advisory board's chairman or of the
director and librarian.  Sets forth requirements for members serving on
the advisory board.  Requires the advisory board to elect a chairman, vice
chairman, and secretary.  Authorizes the advisory board to recommend to
the commission that the consortium enter into cooperative projects with
entities other than institutions of higher education. 

Sec. 441.207. ROLE AND SCOPE OF CONSORTIUM.  Requires the consortium to
engage in activities designed to facilitate library resource sharing.
Sets forth requirements for the activities. 

Sec. 441.208. ACCEPTANCE AND USE OF GIFTS OR GRANTS.  Authorizes the
commission to accept grants of money, property, or services, for purposes
established by the commission and under applicable state laws. 

Sec. 441.209. GROUP PURCHASING AGREEMENTS.  Authorizes the commission to
enter into certain group purchasing agreements on behalf of members of the
consortium, for purposes of administering this subchapter. 

Sec. 441.210. GRANTS TO MEMBER INSTITUTIONS.  Authorizes the commission to
grant money to institutions of higher education, to achieve the purposes
of this subchapter. Requires the commission to 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. 

SECTION 2. Requires the Texas State Library and Archives Commission to
establish and maintain the TexShare library consortium, as required by
this Act, to the extent of available appropriations. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.