1-1 AN ACT
1-2 relating to the TexShare library consortium.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 441, Government Code, is amended by
1-5 adding Subchapter L to read as follows:
1-6 SUBCHAPTER L. TEXSHARE LIBRARY CONSORTIUM
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: _____________________
Date
_____________________
Governor