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.