1-1     By:  Hunter (Senate Sponsor - Bivins)                 H.B. No. 3591
 1-2           (In the Senate - Received from the House April 23, 2001;
 1-3     April 24, 2001, read first time and referred to Committee on
 1-4     Business and Commerce; May 11, 2001, reported favorably by the
 1-5     following vote:  Yeas 6, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to including certain libraries of nonprofit corporations
 1-9     in the TexShare consortium and authorizing grants from the
1-10     telecommunications infrastructure fund to those libraries.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Section 441.221, Government Code, is amended by
1-13     amending Subdivision (3) and adding Subdivision (4) to read as
1-14     follows:
1-15                 (3)  "Nonprofit corporation" means a nonprofit
1-16     corporation established under the Texas Non-Profit Corporation Act
1-17     (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) that
1-18     provides extensive library services and collections in the fields
1-19     of clinical medicine and the history of medicine.
1-20                 (4)  "Public library" has the meaning assigned by
1-21     Section 441.122.
1-22           SECTION 2. Section 441.222, Government Code, is amended to
1-23     read as follows:
1-24           Sec. 441.222.  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, and for libraries of nonprofit corporations.
1-29           SECTION 3. Section 441.223, Government Code, is amended to
1-30     read as follows:
1-31           Sec. 441.223.  FINDINGS; PURPOSE AND METHODS.  The
1-32     legislature finds that it is necessary to assist libraries at
1-33     public and private or independent institutions of higher education,
1-34     [and] public libraries, and libraries of nonprofit corporations to
1-35     promote the public good by achieving the following public purposes
1-36     through the following methods:
1-37                 (1)  to promote the future well-being of the citizenry,
1-38     enhance quality teaching and research excellence at institutions of
1-39     higher education through the efficient exchange of information and
1-40     the sharing of library resources, [and] improve educational
1-41     resources in all communities, and expand the availability of
1-42     information about clinical medical research and the history of
1-43     medicine;
1-44                 (2)  to maximize the effectiveness of library
1-45     expenditures by enabling libraries to share staff expertise and to
1-46     share library resources in print and in an electronic form,
1-47     including books, journals, technical reports, and databases;
1-48                 (3)  to increase the intellectual productivity of
1-49     students and faculty at the participating institutions of higher
1-50     education by emphasizing access to information rather than
1-51     ownership of documents and other information sources; and
1-52                 (4)  to facilitate joint purchasing agreements for
1-53     purchasing information services and encourage cooperative research
1-54     and development of information technologies.
1-55           SECTION 4. Section 441.224, Government Code, is amended to
1-56     read as follows:
1-57           Sec. 441.224.  MEMBERSHIP; FEES.  Membership in the
1-58     consortium is open to all institutions of higher education, [and
1-59     to] all public libraries that are members of the state library
1-60     system, and all libraries of nonprofit corporations.  The director
1-61     and librarian may establish categories of consortium services and
1-62     assess different fees to members for different categories of
1-63     consortium services.
1-64           SECTION 5. Section 441.226(f), Government Code, is amended to
 2-1     read as follows:
 2-2           (f)  The advisory board may recommend to the commission that
 2-3     the consortium enter into cooperative projects with entities other
 2-4     than public libraries, [or] institutions of higher education, or
 2-5     nonprofit corporations.
 2-6           SECTION 6. Section 57.042(6), Utilities Code, is amended to
 2-7     read as follows:
 2-8                 (6)  "Library" means:
 2-9                       (A)  a public library or regional library system
2-10     as those terms are defined by Section 441.122, Government Code;
2-11     [or]
2-12                       (B)  a library operated by an institution of
2-13     higher education or a school district; or
2-14                       (C)  a library operated by a nonprofit
2-15     corporation as defined by Section 441.221(3), Government Code.
2-16           SECTION 7. The Texas State Library and Archives Commission
2-17     shall add libraries of nonprofit corporations to the TexShare
2-18     consortium as required by this Act only to the extent that the
2-19     commission may efficiently do so without reducing services to
2-20     libraries at institutions of higher education and public libraries.
2-21           SECTION 8. This Act takes effect September 1, 2001.
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