1-1     By:  Hunter, et al. (Senate Sponsor - Bivins)         H.B. No. 2721

 1-2           (In the Senate - Received from the House April 21, 1997;

 1-3     April 23, 1997, read first time and referred to Committee on

 1-4     Education; May 2, 1997, reported favorably by the following vote:

 1-5     Yeas 10, Nays 0; May 2, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the TexShare library consortium.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Chapter 441, Government Code, is amended by

1-11     adding Subchapter L to read as follows:

1-12                 SUBCHAPTER L.  TEXSHARE LIBRARY CONSORTIUM

1-13           Sec. 441.201.  DEFINITION.  In this chapter, "institution of

1-14     higher education" includes an institution of higher education as

1-15     defined by Section 61.003, Education Code, and a private or

1-16     independent institution of higher education as defined by Section

1-17     61.003, Education Code.

1-18           Sec. 441.202.  CREATION OF CONSORTIUM.  The commission shall

1-19     establish and maintain the TexShare consortium as a

1-20     resource-sharing consortium operated as a program within the

1-21     commission for libraries at institutions of higher education.

1-22           Sec. 441.203.  FINDINGS; PURPOSE AND METHODS.  The

1-23     legislature finds that it is necessary to assist academic libraries

1-24     at public and private or independent institutions of higher

1-25     education to promote the public good by achieving the following

1-26     public purposes through the following methods:

1-27                 (1)  to promote the future well-being of the citizenry

1-28     and enhance quality teaching and research excellence at

1-29     institutions of higher education through the efficient exchange of

1-30     academic information and the sharing of library resources;

1-31                 (2)  to maximize the effectiveness of library

1-32     expenditures by enabling libraries at institutions of higher

1-33     education to share staff expertise and to share library resources

1-34     in print and in an electronic form, including books, journals,

1-35     technical reports, and databases;

1-36                 (3)  to increase the intellectual productivity of

1-37     students and faculty at the participating institutions of higher

1-38     education by emphasizing access to information rather than

1-39     ownership of documents and other information sources; and

1-40                 (4)  to facilitate joint purchasing agreements for

1-41     purchasing information services and encourage cooperative research

1-42     and development of information technologies.

1-43           Sec. 441.204.  MEMBERSHIP; FEES.  Membership in the

1-44     consortium is open to all institutions of higher education.  The

1-45     director and librarian may establish categories of consortium

1-46     services and assess different fees to members based on the

1-47     categories of consortium services chosen by a member.

1-48           Sec. 441.205.  ADMINISTRATION; RULES.  (a)  The director and

1-49     librarian administers the consortium. The director and  librarian

1-50     shall employ a staff that is sufficient in number, education, and

1-51     experience to achieve the purposes of the consortium.

1-52           (b)  The commission may adopt rules to govern the operation

1-53     of the consortium.

1-54           Sec. 441.206.  ADVISORY BOARD.  (a)  The commission shall

1-55     appoint a nine-member advisory board to advise the commission on

1-56     matters relating to the consortium.  At least two members must be

1-57     public members, at least two members must be affiliated with a

1-58     four-year public university in the consortium, at least two members

1-59     must be affiliated with a public community college in the

1-60     consortium, and at least two members must be affiliated with a

1-61     private institution of higher education in the consortium.  Members

1-62     of the advisory board must be qualified by training and experience

1-63     to advise the commission on policy to be followed in applying this

1-64     subchapter. Article 6252-33, Revised Statutes, does not apply to

 2-1     the composition of the advisory board.

 2-2           (b)  The advisory board shall meet regularly regarding

 2-3     consortium programs and plans at the call of the advisory board's

 2-4     chairman or of the director and librarian.

 2-5           (c)  Members of the advisory board serve three-year terms.

 2-6           (d)  A member of the advisory board serves without

 2-7     compensation but is entitled to reimbursement for actual and

 2-8     necessary expenses incurred in the performance of official duties,

 2-9     subject to any applicable limitation on reimbursement provided by

2-10     the General Appropriations Act.

2-11           (e)  The advisory board shall elect a chairman, vice

2-12     chairman, and secretary.

2-13           (f)  The advisory board may recommend to the commission that

2-14     the consortium enter into cooperative projects with entities other

2-15     than  institutions of higher education.

2-16           Sec. 441.207.  ROLE AND SCOPE OF CONSORTIUM.  The consortium

2-17     shall engage in activities designed to facilitate library resource

2-18     sharing.  These activities must include providing electronic

2-19     networks, shared databases, and other infrastructure necessary to

2-20     enable the libraries in the consortium to share resources,

2-21     negotiating and executing statewide contracts for information

2-22     products and services, coordinating library planning, research and

2-23     development, and training library personnel.

2-24           Sec. 441.208.  ACCEPTANCE AND USE OF GIFTS OR GRANTS.  In

2-25     addition to state appropriations, the commission may accept from

2-26     any public or private source gifts or grants of money, property, or

2-27     services, and spend or use the money, property, or services, under

2-28     rules established by the commission and under applicable state

2-29     laws.

2-30           Sec. 441.209.  GROUP PURCHASING AGREEMENTS.  For the purposes

2-31     of administering this subchapter, the commission may enter into

2-32     group purchasing agreements on behalf of members of the consortium

2-33     that offer purchasing services at discount rates to two or more

2-34     libraries at institutions of higher education if the commission

2-35     determines that the agreements offer the most cost-effective method

2-36     of purchasing library materials for members of the consortium.

2-37           Sec. 441.210.  GRANTS TO MEMBER INSTITUTIONS.  To achieve the

2-38     purposes of this subchapter, the commission may grant money to

2-39     institutions of higher education.  The commission shall ensure that

2-40     the commission or institutions in the consortium receive benefits

2-41     that are sufficient to constitute fair value in return for any

2-42     grant made by the commission.

2-43           SECTION 2.  The Texas State Library and Archives Commission

2-44     shall establish and maintain the TexShare library consortium, as

2-45     required by this Act, to the extent of available appropriations.

2-46           SECTION 3.  This Act takes effect September 1, 1997.

2-47           SECTION 4.  The importance of this legislation and the

2-48     crowded condition of the calendars in both houses create an

2-49     emergency and an imperative public necessity that the

2-50     constitutional rule requiring bills to be read on three several

2-51     days in each house be suspended, and this rule is hereby suspended.

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