1-1                                   AN ACT
 1-2     relating to expanding the TexShare library consortium.
 1-4           SECTION 1.  Sections 441.201, 441.202, 441.203, 441.204,
 1-5     441.206, and 441.209, Government Code, as added by Section 1,
 1-6     Chapter 250, Acts of the 75th Legislature, Regular Session, 1997,
 1-7     are amended to read as follows:
 1-8           Sec. 441.201.  DEFINITIONS [DEFINITION].  In this subchapter:
 1-9                 (1)  "Commission" means the Texas State Library and
1-10     Archives Commission.
1-11                 (2)  "Institution [chapter, "institution] of higher
1-12     education" includes an institution of higher education as defined
1-13     by Section 61.003, Education Code, and a private or independent
1-14     institution of higher education as defined by Section 61.003,
1-15     Education Code.
1-16                 (3)  "Public library" has the meaning assigned by
1-17     Section 441.122.
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 and
1-22     for public libraries.
1-23           Sec. 441.203.  FINDINGS;  PURPOSE AND METHODS.  The
1-24     legislature finds that it is necessary to assist [academic]
 2-1     libraries at public and private or independent institutions of
 2-2     higher education and public libraries to promote the public good by
 2-3     achieving the following public purposes through the following
 2-4     methods:
 2-5                 (1)  to promote the future well-being of the citizenry,
 2-6     [and] enhance quality teaching and research excellence at
 2-7     institutions of higher education through the efficient exchange of
 2-8     [academic] information and the sharing of library resources, and
 2-9     improve educational resources in all communities;
2-10                 (2)  to maximize the effectiveness of library
2-11     expenditures by enabling libraries [at institutions of higher
2-12     education] to share staff expertise and to share library resources
2-13     in print and in an electronic form, including books, journals,
2-14     technical reports, and databases;
2-15                 (3)  to increase the intellectual productivity of
2-16     students and faculty at the participating institutions of higher
2-17     education by emphasizing access to information rather than
2-18     ownership of documents and other information sources; and
2-19                 (4)  to facilitate joint purchasing agreements for
2-20     purchasing information services and encourage cooperative research
2-21     and development of information technologies.
2-22           Sec. 441.204.  MEMBERSHIP; FEES.  Membership in the
2-23     consortium is open to all institutions of higher education and to
2-24     all public libraries that are members of the state library system.
2-25     The director and librarian may establish categories of consortium
2-26     services and assess different fees to members for different [based
2-27     on the] categories of consortium services [chosen by a member].
 3-1           Sec. 441.206.  ADVISORY BOARD.  (a) The commission shall
 3-2     appoint an eleven-member [a nine-member] advisory board to advise
 3-3     the commission on matters relating to the consortium.  At least two
 3-4     members must be representatives of the general public [members], at
 3-5     least two members must be affiliated with a four-year public
 3-6     university in the consortium, at least two members must be
 3-7     affiliated with a public community college in the consortium, [and]
 3-8     at least two members must be affiliated with a private institution
 3-9     of higher education in the consortium, and at least two members
3-10     must be affiliated with a public library in the consortium.
3-11     Members of the advisory board must be qualified by training and
3-12     experience to advise the commission on policy to be followed in
3-13     applying this subchapter.  Chapter 2110 [Article 6252-33, Revised
3-14     Statutes,] does not apply to the composition of the advisory board.
3-15           (b)  The advisory board shall meet regularly regarding
3-16     consortium programs and plans at the call of the advisory board's
3-17     chairman or of the director and librarian.
3-18           (c)  Members of the advisory board serve three-year terms.
3-19           (d)  A member of the advisory board serves without
3-20     compensation but is entitled to reimbursement for actual and
3-21     necessary expenses incurred in the performance of official duties,
3-22     subject to any applicable limitation on reimbursement provided by
3-23     the General Appropriations Act.
3-24           (e)  The advisory board shall elect a chairman and a [,] vice
3-25     chairman[, and secretary].
3-26           (f)  The advisory board may recommend to the commission that
3-27     the consortium enter into cooperative projects with entities other
 4-1     than public libraries or institutions of higher education.
 4-2           Sec. 441.209.  GROUP PURCHASING AGREEMENTS.  For the purposes
 4-3     of administering this subchapter, the commission may enter into
 4-4     group purchasing agreements on behalf of members of the consortium
 4-5     under which materials or [that offer purchasing] services may be
 4-6     obtained at discount rates by [to] two or more libraries [at
 4-7     institutions of higher education] if the commission determines that
 4-8     the agreements offer the most cost-effective method of purchasing
 4-9     library materials or services for members of the consortium.
4-10           SECTION 2.  Section 2155.139(a), Government Code, is amended
4-11     to read as follows:
4-12           (a)  Section 2155.061 does not apply to an acquisition if:
4-13                 (1)  the acquisition is for a:
4-14                       (A)  library operated as a part of a university
4-15     system or institution of higher education;  [or]
4-16                       (B)  library or resource-sharing program operated
4-17     by the Texas State Library and Archives Commission; or
4-18                       (C)  state-owned hospital or clinic; and
4-19                 (2)  the goods or services acquired are:
4-20                       (A)  serial and journal subscriptions, including
4-21     electronic databases and information products;
4-22                       (B)  library materials, including books not
4-23     available under a statewide contract and papers;
4-24                       (C)  library services, including binding services
4-25     not available under a statewide contract; or
4-26                       (D)  library equipment and supplies.
4-27           SECTION 3.  The Texas State Library and Archives Commission
 5-1     shall phase in the expansion of the TexShare library consortium to
 5-2     include public libraries only to the extent that the commission may
 5-3     efficiently do so with the appropriations made to the commission
 5-4     and only in a manner that does not reduce services to academic
 5-5     libraries as a result of the expansion.
 5-6           SECTION 4.  This Act takes effect September 1, 1999.
 5-7           SECTION 5.  The importance of this legislation and the
 5-8     crowded condition of the calendars in both houses create an
 5-9     emergency and an imperative public necessity that the
5-10     constitutional rule requiring bills to be read on three several
5-11     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. 1433 was passed by the House on April
         8, 1999, by a non-record vote.
                                                 Chief Clerk of the House
               I certify that H.B. No. 1433 was passed by the Senate on May
         3, 1999, by the following vote:  Yeas 30, Nays 0.
                                                 Secretary of the Senate
         APPROVED:  _____________________