By:  Lucio                                             S.B. No. 692
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to expanding the TexShare library consortium.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Sections 441.201, 441.202, 441.203, 441.204,
 1-4     441.206, and 441.209, Government Code, as added by Section 1,
 1-5     Chapter 250, Acts of the 75th Legislature, Regular Session, 1997,
 1-6     are amended to read as follows:
 1-7           Sec. 441.201.  DEFINITIONS [DEFINITION].  In this subchapter:
 1-8                 (1)  "Commission" means the Texas State Library and
 1-9     Archives Commission.
1-10                 (2)  "Institution [chapter, "institution] of higher
1-11     education" includes an institution of higher education as defined
1-12     by Section 61.003, Education Code, and a private or independent
1-13     institution of higher education as defined by Section 61.003,
1-14     Education Code.
1-15                 (3)  "Public library" has the meaning assigned by
1-16     Section 441.122.
1-17           Sec. 441.202.  CREATION OF CONSORTIUM.  The commission shall
1-18     establish and maintain the TexShare consortium as a
1-19     resource-sharing consortium operated as a program within the
1-20     commission for libraries at institutions of higher education and
1-21     for public libraries.
1-22           Sec. 441.203.  FINDINGS;  PURPOSE AND METHODS.  The
1-23     legislature finds that it is necessary to assist [academic]
1-24     libraries at public and private or independent institutions of
 2-1     higher education and public libraries to promote the public good by
 2-2     achieving the following public purposes through the following
 2-3     methods:
 2-4                 (1)  to promote the future well-being of the citizenry,
 2-5     [and] enhance quality teaching and research excellence at
 2-6     institutions of higher education through the efficient exchange of
 2-7     [academic] information and the sharing of library resources, and
 2-8     improve educational resources in all communities;
 2-9                 (2)  to maximize the effectiveness of library
2-10     expenditures by enabling libraries [at institutions of higher
2-11     education] to share staff expertise and to share library resources
2-12     in print and in an electronic form, including books, journals,
2-13     technical reports, and databases;
2-14                 (3)  to increase the intellectual productivity of
2-15     students and faculty at the participating institutions of higher
2-16     education by emphasizing access to information rather than
2-17     ownership of documents and other information sources; and
2-18                 (4)  to facilitate joint purchasing agreements for
2-19     purchasing information services and encourage cooperative research
2-20     and development of information technologies.
2-21           Sec. 441.204.  MEMBERSHIP; FEES.  Membership in the
2-22     consortium is open to all institutions of higher education and to
2-23     all public libraries that are members of the state library system.
2-24     The director and librarian may establish categories of consortium
2-25     services and assess different fees to members for different [based
2-26     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
 4-1     the consortium enter into cooperative projects with entities other
 4-2     than public libraries or institutions of higher education.
 4-3           Sec. 441.209.  GROUP PURCHASING AGREEMENTS.  For the purposes
 4-4     of administering this subchapter, the commission may enter into
 4-5     group purchasing agreements on behalf of members of the consortium
 4-6     under which materials or [that offer purchasing] services may be
 4-7     obtained at discount rates by [to] two or more libraries [at
 4-8     institutions of higher education] if the commission determines that
 4-9     the agreements offer the most cost-effective method of purchasing
4-10     library materials or services for members of the consortium.
4-11           SECTION 2.  Subsection (a), Section 2155.139, Government
4-12     Code, is amended to read as follows:
4-13           (a)  Section 2155.061 does not apply to an acquisition if:
4-14                 (1)  the acquisition is for a:
4-15                       (A)  library operated as a part of a university
4-16     system or institution of higher education;  [or]
4-17                       (B)  library or resource-sharing program operated
4-18     by the Texas State Library and Archives Commission; or
4-19                       (C)  state-owned hospital or clinic; and
4-20                 (2)  the goods or services acquired are:
4-21                       (A)  serial and journal subscriptions, including
4-22     electronic databases and information products;
4-23                       (B)  library materials, including books not
4-24     available under a statewide contract and papers;
4-25                       (C)  library services, including binding services
4-26     not available under a statewide contract; or
 5-1                       (D)  library equipment and supplies.
 5-2           SECTION 3.  The Texas State Library and Archives Commission
 5-3     shall phase in the expansion of the TexShare library consortium to
 5-4     include public libraries only to the extent that the commission may
 5-5     efficiently do so with the appropriations made to the commission
 5-6     and only in a manner that does not reduce services to academic
 5-7     libraries as a result of the expansion.
 5-8           SECTION 4.  This Act takes effect September 1, 1999.
 5-9           SECTION 5.  The importance of this legislation and the
5-10     crowded condition of the calendars in both houses create an
5-11     emergency and an imperative public necessity that the
5-12     constitutional rule requiring bills to be read on three several
5-13     days in each house be suspended, and this rule is hereby suspended.