1-1                                   AN ACT

 1-2     relating to the TexShare library consortium.


 1-4           SECTION 1.  Chapter 441, Government Code, is amended by

 1-5     adding Subchapter L to read as follows:


 1-7           Sec. 441.201.  DEFINITION.  In this chapter, "institution of

 1-8     higher education" includes an institution of higher education as

 1-9     defined by Section 61.003, Education Code, and a private or

1-10     independent institution of higher education as defined by Section

1-11     61.003, Education Code.

1-12           Sec. 441.202.  CREATION OF CONSORTIUM.  The commission shall

1-13     establish and maintain the TexShare consortium as a

1-14     resource-sharing consortium operated as a program within the

1-15     commission for libraries at institutions of higher education.

1-16           Sec. 441.203.  FINDINGS; PURPOSE AND METHODS.  The

1-17     legislature finds that it is necessary to assist academic libraries

1-18     at public and private or independent institutions of higher

1-19     education to promote the public good by achieving the following

1-20     public purposes through the following methods:

1-21                 (1)  to promote the future well-being of the citizenry

1-22     and enhance quality teaching and research excellence at

1-23     institutions of higher education through the efficient exchange of

1-24     academic information and the sharing of library resources;

 2-1                 (2)  to maximize the effectiveness of library

 2-2     expenditures by enabling libraries at institutions of higher

 2-3     education to share staff expertise and to share library resources

 2-4     in print and in an electronic form, including books, journals,

 2-5     technical reports, and databases;

 2-6                 (3)  to increase the intellectual productivity of

 2-7     students and faculty at the participating institutions of higher

 2-8     education by emphasizing access to information rather than

 2-9     ownership of documents and other information sources; and

2-10                 (4)  to facilitate joint purchasing agreements for

2-11     purchasing information services and encourage cooperative research

2-12     and development of information technologies.

2-13           Sec. 441.204.  MEMBERSHIP; FEES.  Membership in the

2-14     consortium is open to all institutions of higher education.  The

2-15     director and librarian may establish categories of consortium

2-16     services and assess different fees to members based on the

2-17     categories of consortium services chosen by a member.

2-18           Sec. 441.205.  ADMINISTRATION; RULES.  (a)  The director and

2-19     librarian administers the consortium. The director and  librarian

2-20     shall employ a staff that is sufficient in number, education, and

2-21     experience to achieve the purposes of the consortium.

2-22           (b)  The commission may adopt rules to govern the operation

2-23     of the consortium.

2-24           Sec. 441.206.  ADVISORY BOARD.  (a)  The commission shall

2-25     appoint a nine-member advisory board to advise the commission on

2-26     matters relating to the consortium.  At least two members must be

2-27     public members, at least two members must be affiliated with a

 3-1     four-year public university in the consortium, at least two members

 3-2     must be affiliated with a public community college in the

 3-3     consortium, and at least two members must be affiliated with a

 3-4     private institution of higher education in the consortium.  Members

 3-5     of the advisory board must be qualified by training and experience

 3-6     to advise the commission on policy to be followed in applying this

 3-7     subchapter. Article 6252-33, Revised Statutes, does not apply to

 3-8     the composition of the advisory board.

 3-9           (b)  The advisory board shall meet regularly regarding

3-10     consortium programs and plans at the call of the advisory board's

3-11     chairman or of the director and librarian.

3-12           (c)  Members of the advisory board serve three-year terms.

3-13           (d)  A member of the advisory board serves without

3-14     compensation but is entitled to reimbursement for actual and

3-15     necessary expenses incurred in the performance of official duties,

3-16     subject to any applicable limitation on reimbursement provided by

3-17     the General Appropriations Act.

3-18           (e)  The advisory board shall elect a chairman, vice

3-19     chairman, and secretary.

3-20           (f)  The advisory board may recommend to the commission that

3-21     the consortium enter into cooperative projects with entities other

3-22     than  institutions of higher education.

3-23           Sec. 441.207.  ROLE AND SCOPE OF CONSORTIUM.  The consortium

3-24     shall engage in activities designed to facilitate library resource

3-25     sharing.  These activities must include providing electronic

3-26     networks, shared databases, and other infrastructure necessary to

3-27     enable the libraries in the consortium to share resources,

 4-1     negotiating and executing statewide contracts for information

 4-2     products and services, coordinating library planning, research and

 4-3     development, and training library personnel.

 4-4           Sec. 441.208.  ACCEPTANCE AND USE OF GIFTS OR GRANTS.  In

 4-5     addition to state appropriations, the commission may accept from

 4-6     any public or private source gifts or grants of money, property, or

 4-7     services, and spend or use the money, property, or services, under

 4-8     rules established by the commission and under applicable state

 4-9     laws.

4-10           Sec. 441.209.  GROUP PURCHASING AGREEMENTS.  For the purposes

4-11     of administering this subchapter, the commission may enter into

4-12     group purchasing agreements on behalf of members of the consortium

4-13     that offer purchasing services at discount rates to two or more

4-14     libraries at institutions of higher education if the commission

4-15     determines that the agreements offer the most cost-effective method

4-16     of purchasing library materials for members of the consortium.

4-17           Sec. 441.210.  GRANTS TO MEMBER INSTITUTIONS.  To achieve the

4-18     purposes of this subchapter, the commission may grant money to

4-19     institutions of higher education.  The commission shall ensure that

4-20     the commission or institutions in the consortium receive benefits

4-21     that are sufficient to constitute fair value in return for any

4-22     grant made by the commission.

4-23           SECTION 2.  The Texas State Library and Archives Commission

4-24     shall establish and maintain the TexShare library consortium, as

4-25     required by this Act, to the extent of available appropriations.

4-26           SECTION 3.  This Act takes effect September 1, 1997.

4-27           SECTION 4.  The importance of this legislation and the

 5-1     crowded condition of the calendars in both houses create an

 5-2     emergency and an imperative public necessity that the

 5-3     constitutional rule requiring bills to be read on three several

 5-4     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2721 was passed by the House on April

         18, 1997, by a non-record vote.


                                                 Chief Clerk of the House

               I certify that H.B. No. 2721 was passed by the Senate on May

         12, 1997, by the following vote:  Yeas 31, Nays 0.


                                                 Secretary of the Senate

         APPROVED:  _____________________