SRC-DBM H.B. 1433 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1433
76R6094  JRD-FBy: Hunter (Lucio)
Education
4/19/1999
Engrossed


DIGEST 

The TexShare library consortium is a cooperative library resource-sharing
program designed to facilitate the sharing of a variety of library
resources such as books, journals, technical reports, databases, and staff
expertise among participating universities, four-year colleges, community
colleges, 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. The TexShare
program accomplishes this by facilitating joint purchase/license agreements
of digital information resources for libraries in institutions of higher
education and sharing those and other library resources among all
participating libraries.  Public libraries across the state have shown
interest in becoming participants in the TexShare library resource-sharing
program.  H.B. 1433 would expand the TexShare library consortium. 

PURPOSE

As proposed, H.B. 1433 expands the TexShare library consortium.

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 441.201, 441.202, 441.203, 441.204, 441.206,
and 441.209, Government Code, as added by Section 1, Chapter 250, Acts of
the 75th Legislature, Regular Session, 1997, as follows: 

Sec. 441.201.  New heading:  DEFINITIONS.  Defines "commission," and
"public library." Makes conforming changes. 

Sec. 441.202.  CREATION OF CONSORTIUM.  Requires the Texas State Library
and Archives Commission (commission) to establish and maintain the TexShare
consortium as a resource-sharing consortium operated as a program within
the commission for libraries at institutions of higher education and for
public libraries. 

Sec. 441.203.  FINDINGS; PURPOSE AND METHODS.  Provides that the
legislature finds that it is necessary to assist libraries at public and
private or independent institutions of higher education and public
libraries to promote the public good by achieving the following public
purposes through the following methods: to promote the future well-being of
the citizenry, enhance quality teaching and research excellence at
institutions of higher education through the efficient exchange of
information and the sharing of library resources, and improve educational
resources in all communities; and to maximize the effectiveness of library
expenditures by enabling libraries to share staff expertise and to share
library resources in print and in an electronic form. 

Sec. 441.204.  MEMBERSHIP; FEES.  Provides that membership in the
consortium is open to all institutions of higher education and to all
public libraries that are members of the state library system.  Authorizes
the director and librarian to establish categories of consortium services
and assess different fees to members for different categories, rather than
based on the categories, of consortium services. 

 Sec. 441.206.  ADVISORY BOARD.  Requires the commission to appoint an
11-member, rather than nine-member, advisory board to advise the commission
on matters relating to the consortium.  Requires at least two members to be
representatives of the general public, rather than public members, at least
two members must be affiliated with a four-year public university in the
consortium, at least two members must be affiliated with a public community
college in the consortium, at least two members must be affiliated with a
private institution of higher education in the consortium, and at least two
members must be affiliated with a public library in the consortium.
Provides that Chapter 2110, rather than Article 6252-33, V.T.C.S., does not
apply to the composition of the advisory board.  Requires the advisory
board to elect a chairman and a vice-chairman.  Authorizes the advisory
board to recommend to the commission that the consortium enter into
cooperative projects with entities other than public libraries or
institutions of higher education.  Deletes text requiring the advisory
board to elect a secretary. 

Sec. 441.209.  GROUP PURCHASING AGREEMENTS.  Authorizes the commission, for
the purposes of administering this subchapter, to enter into group
purchasing agreements on behalf of members of the consortium under which
materials or services may be obtained at discount rates by two or more
libraries if the commission determines that the agreements offer the most
cost-effective method of purchasing library materials or services for
members of the consortium. Deletes text authorizing the commission to enter
into group purchasing agreements on behalf of members of the consortium
that offer purchasing services  at  discount rates to two or more libraries
at institutions of higher education. 

SECTION 2.  Amends Section 2155.139(a), Government Code, to provide that
Section 2155.061 does not apply to an acquisition under certain conditions
including if the acquisition is for a library or resource-sharing program
operated by the Texas State Library and Archives Commission or the goods or
services acquired are serial and journal subscriptions, including
electronic databases and information products. 

SECTION 3.  Requires the Texas State Library and Archives Commission to
phase in the expansion of the TexShare library consortium to include public
libraries only to the extent that the commission may efficiently do so with
the appropriations made to the commission and only in a manner that does
not reduce services to academic libraries as a result of the expansion. 

SECTION 4.Effective date: September 1, 1999.

SECTION 5.Emergency clause.