1-1     By:  Lucio                                             S.B. No. 692
 1-2           (In the Senate - Filed February 24, 1999; March 1, 1999, read
 1-3     first time and referred to Committee on Education; April 6, 1999,
 1-4     reported favorably by the following vote:  Yeas 8, Nays 0;
 1-5     April 6, 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.  Subsection (a), Section 2155.139, Government
2-31     Code, is amended 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.
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