1-1 By: Hunter, et al. (Senate Sponsor - Lucio) H.B. No. 1433
1-2 (In the Senate - Received from the House April 9, 1999;
1-3 April 12, 1999, read first time and referred to Committee on
1-4 Education; April 23, 1999, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; April 23, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to expanding the TexShare library consortium.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Sections 441.201, 441.202, 441.203, 441.204,
1-11 441.206, and 441.209, Government Code, as added by Section 1,
1-12 Chapter 250, Acts of the 75th Legislature, Regular Session, 1997,
1-13 are amended to read as follows:
1-14 Sec. 441.201. DEFINITIONS [DEFINITION]. In this subchapter:
1-15 (1) "Commission" means the Texas State Library and
1-16 Archives Commission.
1-17 (2) "Institution [chapter, "institution] of higher
1-18 education" includes an institution of higher education as defined
1-19 by Section 61.003, Education Code, and a private or independent
1-20 institution of higher education as defined by Section 61.003,
1-21 Education Code.
1-22 (3) "Public library" has the meaning assigned by
1-23 Section 441.122.
1-24 Sec. 441.202. CREATION OF CONSORTIUM. The commission shall
1-25 establish and maintain the TexShare consortium as a
1-26 resource-sharing consortium operated as a program within the
1-27 commission for libraries at institutions of higher education and
1-28 for public libraries.
1-29 Sec. 441.203. FINDINGS; PURPOSE AND METHODS. The
1-30 legislature finds that it is necessary to assist [academic]
1-31 libraries at public and private or independent institutions of
1-32 higher education and public libraries to promote the public good by
1-33 achieving the following public purposes through the following
1-34 methods:
1-35 (1) to promote the future well-being of the citizenry,
1-36 [and] enhance quality teaching and research excellence at
1-37 institutions of higher education through the efficient exchange of
1-38 [academic] information and the sharing of library resources, and
1-39 improve educational resources in all communities;
1-40 (2) to maximize the effectiveness of library
1-41 expenditures by enabling libraries [at institutions of higher
1-42 education] to share staff expertise and to share library resources
1-43 in print and in an electronic form, including books, journals,
1-44 technical reports, and databases;
1-45 (3) to increase the intellectual productivity of
1-46 students and faculty at the participating institutions of higher
1-47 education by emphasizing access to information rather than
1-48 ownership of documents and other information sources; and
1-49 (4) to facilitate joint purchasing agreements for
1-50 purchasing information services and encourage cooperative research
1-51 and development of information technologies.
1-52 Sec. 441.204. MEMBERSHIP; FEES. Membership in the
1-53 consortium is open to all institutions of higher education and to
1-54 all public libraries that are members of the state library system.
1-55 The director and librarian may establish categories of consortium
1-56 services and assess different fees to members for different [based
1-57 on the] categories of consortium services [chosen by a member].
1-58 Sec. 441.206. ADVISORY BOARD. (a) The commission shall
1-59 appoint an eleven-member [a nine-member] advisory board to advise
1-60 the commission on matters relating to the consortium. At least two
1-61 members must be representatives of the general public [members], at
1-62 least two members must be affiliated with a four-year public
1-63 university in the consortium, at least two members must be
1-64 affiliated with a public community college in the consortium, [and]
2-1 at least two members must be affiliated with a private institution
2-2 of higher education in the consortium, and at least two members
2-3 must be affiliated with a public library in the consortium.
2-4 Members of the advisory board must be qualified by training and
2-5 experience to advise the commission on policy to be followed in
2-6 applying this subchapter. Chapter 2110 [Article 6252-33, Revised
2-7 Statutes,] does not apply to the composition of the advisory board.
2-8 (b) The advisory board shall meet regularly regarding
2-9 consortium programs and plans at the call of the advisory board's
2-10 chairman or of the director and librarian.
2-11 (c) Members of the advisory board serve three-year terms.
2-12 (d) A member of the advisory board serves without
2-13 compensation but is entitled to reimbursement for actual and
2-14 necessary expenses incurred in the performance of official duties,
2-15 subject to any applicable limitation on reimbursement provided by
2-16 the General Appropriations Act.
2-17 (e) The advisory board shall elect a chairman and a [,] vice
2-18 chairman[, and secretary].
2-19 (f) The advisory board may recommend to the commission that
2-20 the consortium enter into cooperative projects with entities other
2-21 than public libraries or institutions of higher education.
2-22 Sec. 441.209. GROUP PURCHASING AGREEMENTS. For the purposes
2-23 of administering this subchapter, the commission may enter into
2-24 group purchasing agreements on behalf of members of the consortium
2-25 under which materials or [that offer purchasing] services may be
2-26 obtained at discount rates by [to] two or more libraries [at
2-27 institutions of higher education] if the commission determines that
2-28 the agreements offer the most cost-effective method of purchasing
2-29 library materials or services for members of the consortium.
2-30 SECTION 2. Section 2155.139(a), Government Code, is amended
2-31 to read as follows:
2-32 (a) Section 2155.061 does not apply to an acquisition if:
2-33 (1) the acquisition is for a:
2-34 (A) library operated as a part of a university
2-35 system or institution of higher education; [or]
2-36 (B) library or resource-sharing program operated
2-37 by the Texas State Library and Archives Commission; or
2-38 (C) state-owned hospital or clinic; and
2-39 (2) the goods or services acquired are:
2-40 (A) serial and journal subscriptions, including
2-41 electronic databases and information products;
2-42 (B) library materials, including books not
2-43 available under a statewide contract and papers;
2-44 (C) library services, including binding services
2-45 not available under a statewide contract; or
2-46 (D) library equipment and supplies.
2-47 SECTION 3. The Texas State Library and Archives Commission
2-48 shall phase in the expansion of the TexShare library consortium to
2-49 include public libraries only to the extent that the commission may
2-50 efficiently do so with the appropriations made to the commission
2-51 and only in a manner that does not reduce services to academic
2-52 libraries as a result of the expansion.
2-53 SECTION 4. This Act takes effect September 1, 1999.
2-54 SECTION 5. The importance of this legislation and the
2-55 crowded condition of the calendars in both houses create an
2-56 emergency and an imperative public necessity that the
2-57 constitutional rule requiring bills to be read on three several
2-58 days in each house be suspended, and this rule is hereby suspended.
2-59 * * * * *