1-1 AN ACT
1-2 relating to expanding the TexShare library consortium.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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
2-5 (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