1-1                                   AN ACT
 1-2     relating to including certain libraries of nonprofit corporations
 1-3     in the TexShare consortium and authorizing grants from the
 1-4     telecommunications infrastructure fund to those libraries.
 1-6           SECTION 1. Section 441.221, Government Code, is amended by
 1-7     amending Subdivision (3) and adding Subdivision (4) to read as
 1-8     follows:
 1-9                 (3)  "Nonprofit corporation" means a nonprofit
1-10     corporation established under the Texas Non-Profit Corporation Act
1-11     (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) that
1-12     provides extensive library services and collections in the fields
1-13     of clinical medicine and the history of medicine.
1-14                 (4)  "Public library" has the meaning assigned by
1-15     Section 441.122.
1-16           SECTION 2. Section 441.222, Government Code, is amended to
1-17     read as follows:
1-18           Sec. 441.222.  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, and for libraries of nonprofit corporations.
1-23           SECTION 3. Section 441.223, Government Code, is amended to
1-24     read as follows:
 2-1           Sec. 441.223.  FINDINGS; PURPOSE AND METHODS.  The
 2-2     legislature finds that it is necessary to assist libraries at
 2-3     public and private or independent institutions of higher education,
 2-4     [and] public libraries, and libraries of nonprofit corporations to
 2-5     promote the public good by achieving the following public purposes
 2-6     through the following methods:
 2-7                 (1)  to promote the future well-being of the citizenry,
 2-8     enhance quality teaching and research excellence at institutions of
 2-9     higher education through the efficient exchange of information and
2-10     the sharing of library resources, [and] improve educational
2-11     resources in all communities, and expand the availability of
2-12     information about clinical medical research and the history of
2-13     medicine;
2-14                 (2)  to maximize the effectiveness of library
2-15     expenditures by enabling libraries to share staff expertise and to
2-16     share library resources in print and in an electronic form,
2-17     including books, journals, technical reports, and databases;
2-18                 (3)  to increase the intellectual productivity of
2-19     students and faculty at the participating institutions of higher
2-20     education by emphasizing access to information rather than
2-21     ownership of documents and other information sources; and
2-22                 (4)  to facilitate joint purchasing agreements for
2-23     purchasing information services and encourage cooperative research
2-24     and development of information technologies.
2-25           SECTION 4. Section 441.224, Government Code, is amended to
2-26     read as follows:
2-27           Sec. 441.224.  MEMBERSHIP; FEES.  Membership in the
 3-1     consortium is open to all institutions of higher education, [and
 3-2     to] all public libraries that are members of the state library
 3-3     system, and all libraries of nonprofit corporations.  The director
 3-4     and librarian may establish categories of consortium services and
 3-5     assess different fees to members for different categories of
 3-6     consortium services.
 3-7           SECTION 5. Section 441.226(f), Government Code, is amended to
 3-8     read as follows:
 3-9           (f)  The advisory board may recommend to the commission that
3-10     the consortium enter into cooperative projects with entities other
3-11     than public libraries, [or] institutions of higher education, or
3-12     nonprofit corporations.
3-13           SECTION 6. Section 57.042(6), Utilities Code, is amended to
3-14     read as follows:
3-15                 (6)  "Library" means:
3-16                       (A)  a public library or regional library system
3-17     as those terms are defined by Section 441.122, Government Code;
3-18     [or]
3-19                       (B)  a library operated by an institution of
3-20     higher education or a school district; or
3-21                       (C)  a library operated by a nonprofit
3-22     corporation as defined by Section 441.221(3), Government Code.
3-23           SECTION 7.  Section 58.253(a), Utilities Code, is amended to
3-24     read as follows:
3-25           (a)  On customer request, an electing company shall provide
3-26     private network services to:
3-27                 (1)  an educational institution;
 4-1                 (2)  a library as defined in Section 57.042(6)(A) and
 4-2     (B);
 4-3                 (3)  a nonprofit telemedicine center;
 4-4                 (4)  a public or not-for-profit hospital;
 4-5                 (5)  a project eligible to have been funded by the
 4-6     telecommunications infrastructure fund under Subchapter C, Chapter
 4-7     57, as of January 1, 2001; or
 4-8                 (6)  a legally constituted consortium or group of
 4-9     entities listed in this subsection.
4-10           SECTION 8. The Texas State Library and Archives Commission
4-11     shall add libraries of nonprofit corporations to the TexShare
4-12     consortium as required by this Act only to the extent that the
4-13     commission may efficiently do so without reducing services to
4-14     libraries at institutions of higher education and public libraries.
4-15           SECTION 9. This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 3591 was passed by the House on April
         20, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 3591 on May 25, 2001, by a non-record
                                                 Chief Clerk of the House
               I certify that H.B. No. 3591 was passed by the Senate, with
         amendments, on May 21, 2001, by a viva-voce vote.
                                                 Secretary of the Senate
         APPROVED:  __________________________