SCT H.B. 2721 75(R)BILL ANALYSIS STATE FEDERAL & INTERNATIONAL RELATIONS H.B. 2721 By: Hunter 4-1-97 Committee Report (Unamended) BACKGROUND: Currently, TexShare is a cooperative library resource-sharing program designed to facilitate the sharing of a variety of library resources -- books, journals, technical reports, databases, and staff expertise -- among the 52 publicly-funded universities and health institutions in Texas. The intent of the TexShare program is to increase the intellectual productivity of students and faculty at these institutions by emphasizing access to information rather than ownership of documents and other information sources. To do this, the TexShare program facilitates joint-purchase/ license agreements of digital information resources for libraries in institutions of higher education, sharing those and other library resources among all participating libraries. When TexShare began, it was not created in statute but rather funded by the legislature through an appropriation to the Texas Higher Education Coordinating Board in the 1994-95 and 1996-97 bienniums. HB 2721 does several things to the current TexShare program. First of all, it adds TexShare to the statutes. It also transfers the responsibility of the TexShare program from the Higher Education Coordinating Board to the Texas State Library and Archives Commission. In addition, this bill expands the current TexShare cooperative library resource-sharing program from the four year public colleges and universities to include the private independent colleges and universities and public and private community colleges. With this expansion, students and faculty will have access to the library resources of literally every college and university in the state. PURPOSE: To define the TexShare program in Chapter 441 of the Government Code. To transfer oversight of TexShare to the Texas State Library and Archives Commission. To add private independent colleges and universities and public and private community colleges to the the 52 publiclyfunded universities and health institutions in Texas currently eligible to participate in the TexShare program. RULEMAKING AUTHORITY: This bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION-BY-SECTION ANALYSIS: SECTION 1. Amends chapter 441, Government Code, is amended by adding Subchapter L to read as follows: Sec. 441.201. Definition. Defines "institution of higher education" to include both public and private universities, colleges, and community colleges. Sec. 441.202. Creation of Consortium. States that the Texas State Library and Archives commission shall establish and maintain the TexShare consortium. Sec. 441.203. Findings; Purpose and Method. Shows purpose for the legislature's support of higher education through the promotion of efficient exchange of information, the maximization of the expenditures of libraries and productivity of students and faculty by enabling them to share expertise and resources, and the facilitation of joint purchasing agreements and cooperative research and development technologies. Sec. 441.204. Membership; Fees. Defines membership as being open to all "institutions of higher education" (see definition), allowing for categories of membership and fees based on services chosen by each member of the consortium. Sec. 441.205. Administration; Rules. Names the director and librarian of the Texas State Library and Archives Commission as the administers of the consortium. Allows the commission to hire proper staff and adopt of rules of operation Sec. 441.206. Advisory Board. Defines the membership of a nine-member advisory board. Gives guidelines to the board: when they meet, length of term, compensation and reimbursement, and elected officers. Sec. 441.207. Role and Scope of Consortium. Defines the role and scope of the consortium to include activities facilitating library resource sharing, such as providing electronic networks, necessary infrastructure, and negotiation of contracts. Sec. 441.208. Acceptance and Use of Gifts or Grants. Allows the commission to accept public or private gifts or grants. Sec. 441.209. Group Purchasing Agreements. Allows the commission to enter into group purchasing agreements on behalf of its members in order to offer the most cost-effective material to its members. Sec. 441.210. Grants to Member Institutions. Allows the commission to grant money to institutions of higher education. SECTION 2. Sets the date for which this this Act takes effect. Effective date: September 1, 1997. SECTION 3. Emergency clause.