SRC-AXB H.B. 585 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 585
By: West, George (Lucio)
Education
5/3/1999
Engrossed


DIGEST 

Currently, Texas ranks 46th in the nation for public library expenditures,
and 43rd in library materials expenditures.  Approximately three-quarters
of Texas public libraries are housed in inadequate facilities, and there
are no state or federal sources to assist local governments with library
construction projects.  H.B. 585 sets forth funding provisions for the
Texas Public Library Endowment Fund and the Texas Public Library Fund. 

PURPOSE

As proposed, H.B. 585 sets forth funding provisions for the Texas Public
Library Endowment Fund and the Texas Public Library Fund. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Library and Archives
Commission in SECTION 2 (Sections 441.072(i), 441.074(b), 441.075(b) and
(c), Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 326D, Local Government Code, by adding Section
326.072, as follows: 

Sec.  326.072.  GIFTS, GRANTS, AND DONATIONS.  Authorizes a library
district to accept and administer a gift to carry out the purposes of this
chapter. 

SECTION 2.  Amends Chapter 441, Government Code, by adding Subchapter E, as
follows: 

SUBCHAPTER E.  PUBLIC LIBRARY ENDOWMENT AND OPERATING FUNDS

Sec.  441.071.  TEXAS PUBLIC LIBRARY ENDOWMENT FUND.  Creates and describes
the fund administration procedures for the Texas public library endowment
fund (fund). Prohibits the fund's corpus from being spent for any purpose.
Requires the Texas State Library and Archives Commission (commission), to
follow certain procedures regarding income earned on money in the fund by
September 1, annually.  Requires the commission to credit certain money to
the fund's corpus. 

Sec.  441.072.  INVESTMENT AND MANAGEMENT OF ENDOWMENT FUND. Requires the
commission to appoint managers for the fund by contracting for professional
services.  Requires the commission to act prudently and in the interest of
fund beneficiaries while contracting for professional services.  Sets forth
guidelines for the commission and an investment manager while they are in
the process of discharging their duties.  Sets forth eligibility
requirements for an investment manager.  Requires the commission to specify
certain elements of rating services and quality of investments of the fund.
Provides that a commission member is not liable for an investment manager's
actions.  Prohibits a commission member from investing in, or taking other
actions regarding the fund.  Requires an investment manager to acknowledge
the manager's fiduciary responsibilities to the fund. Authorizes the
commission to monitor fund investments.  Authorizes the commission to
contract for professional evaluation services.  Requires the commission to
enter into an  investment custody account agreement (CAA) regarding assets
related to professional investment management services.  Requires the
commission, under a CAA, to require the designated custodian to undertake
certain actions.  Requires the custodian to provide, by commission rule, a
sworn statement of the amount of fund assets in the custodian's custody.
Sets forth a description of fund beneficiaries. 

Sec.  441.073.  TEXAS PUBLIC LIBRARY FUND.  Provides that the Texas public
library fund (library fund) is a special fund in the state treasury outside
of the general revenue fund. Sets forth specifics regarding the library
fund's money, appropriations, and allocations. Exempts the library fund
from the application of Sections 403.095 and 404.071, Government Code.   

Sec.  441.074.  DONATIONS, APPROPRIATIONS, AND SALES.  Authorizes the
commission to take certain actions to best further the orderly development
of public library resources of Texas.  Requires money paid to the
commission under this subsection to be deposited in the fund.  Authorizes
the commission, by rule, to establish an acquisition policy. Authorizes the
legislature to make appropriations to the commission.  Authorizes the
commission to purchase and resell items to promote public libraries in
Texas.  Prohibits commission inventory value from exceeding $50,000, at the
end of any fiscal year.  Requires sales profits to be deposited in the
library fund. 

Sec.  441.075.  PUBLIC LIBRARY FUND GRANT PROGRAM.  Requires the commission
to make grants for specific library purposes.  Requires the commission to
allocate library fund amounts to direct and matching grant programs.
Requires the commission to adopt rules regarding the establishment of
certain methods and provision of certain allocations. Sets forth
requirements for a public library to participate in the matching grant
program. Requires the commission, by rule, to adopt rules to implement this
requirement. 

SECTION 3.  Amends Section 404.093(b), Government Code, to provide that
this subchapter does not apply to certain funds given to the commission in
accordance with Section 441.154, rather than 441.074, Government Code. 

SECTION 4.  Emergency clause.
  Effective date:  upon passage.