S.B. No. 1154
AN ACT
relating to the authority and duties of certain libraries and to
library systems in the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivisions (2) and (4), Section 441.101,
Government Code, are amended to read as follows:
(2) "Depository library" means the Texas State
Library, the Legislative Reference Library, the Library of
Congress, the Center for Research Libraries, or any other library
that the commission designates as a site for retaining and allowing
public access to state publications [depository library].
(4) "State publication":
(A) means information in any format, including
materials in print or in an electronic format, that:
(i) is produced by the authority of or at
the total or partial expense of a state agency or is required to be
distributed under law by the agency; and
(ii) is publicly distributed outside the
agency by or for the agency; and
(B) does not include information the
distribution of which is limited to:
(i) contractors with or grantees of the
agency;
(ii) persons within the agency or within
other government agencies; or
(iii) members of the public under a request
made under the open records law, Chapter 552.
SECTION 2. Subsection (c), Section 441.102, Government
Code, is amended to read as follows:
(c) The commission shall establish and maintain a system,
named the "Texas Records and Information Locator," or "TRAIL," to
allow electronic access, including access through the Internet, at
the Texas State Library and other depository libraries to state
publications in an electronic format that have been made available
to the public by or on behalf of a state agency.
SECTION 3. Section 441.103, Government Code, is amended by
amending Subsections (a) and (b) and adding Subsections (f), (g),
and (h) to read as follows:
(a) A state agency shall designate one or more staff persons
as agency publications liaisons [contact persons] and shall notify
the Texas State Library of those persons' identities. A
publications liaison [contact person] shall maintain a record of
the agency's state publications and shall furnish to the Texas
State Library a list of the agency's new state publications as they
become available.
(b) A state agency shall furnish copies of its printed state
publications to the Texas State Library in the number specified by
commission rules. On the printing of or awarding of a contract for
the printing of a publication, a state agency shall arrange for the
required number of copies to be deposited with the Texas State
Library. The commission may not require more than 75 copies of a
printed state publication.
(f) A state agency shall make its printed state publications
accessible from the state agency's website in an electronic format.
If the state agency does not have a website, the agency shall
deposit the electronic source file for each printed state
publication in the manner prescribed by commission rules.
(g) A state agency shall include, for any state publication
in electronic format, regardless of its availability through the
Internet, identifying and descriptive information about the state
publication as specified by commission and Department of
Information Resources rules.
(h) If an electronic state publication is not printed or
available from the state agency's website, the state agency shall
furnish the Texas State Library copies in a manner prescribed by
commission rules. The commission may not require more than 75
copies of the publication.
SECTION 4. Section 441.104, Government Code, is amended to
read as follows:
Sec. 441.104. DUTIES OF TEXAS STATE LIBRARY. The Texas
State Library shall:
(1) acquire, organize, [and] retain, and provide
access to state publications;
(2) collect state publications and distribute them to
depository libraries;
(3) establish a [microform] program for the
preservation and management of state publications and make
available state publications in alternative formats [microform] to
depository libraries and other libraries at a reasonable cost;
(4) periodically issue a list of all state
publications that it has received in print or storage media to all
depository libraries and other libraries on request;
(5) catalog, classify, and index all state
publications that it receives and distribute the cataloging,
classification, and indexing information to depository libraries
and to other libraries on request;
(6) ensure that state publications are fully
represented in regional and national automated library networks;
(7) index all state publications that are available on
the Internet [in an electronic format] and make the index available
on the Internet [in an electronic format]; and
(8) [provide on-line access to state publications that
can be accessed on-line; and
[(9)] provide other depository libraries appropriate
access, at no charge, to state publications available in an
electronic format.
SECTION 5. Section 441.106, Government Code, is amended to
read as follows:
Sec. 441.106. PAYMENT FOR PRINTING OF STATE PUBLICATIONS.
If a state agency's printing is done by contract, an account for the
printing may not be approved and a warrant may not be issued unless
the agency first furnishes to the Texas Building and Procurement
[State Purchasing and General Services] Commission a receipt from
the state librarian for the publication or a written waiver from the
state librarian exempting the publication from this subchapter.
SECTION 6. Subchapter I, Chapter 441, Government Code, is
amended by adding Section 441.1281 to read as follows:
Sec. 441.1281. CREATION OF LIBRARY DISTRICTS IN CERTAIN
MUNICIPALITIES. (a) This section applies only to a municipality
that does not have a municipal public library accredited for
membership in the state library system.
(b) An election to adopt or increase the local sales and use
tax under Subchapter E, Chapter 326, Local Government Code, is to be
treated also as an election that will have the effect of reducing
the tax rate of an industrial development district if:
(1) all or any part of the proposed district is
included within the boundaries of an industrial development
corporation created under Section 4B, Development Corporation Act
of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), by the
municipality after the date of the first filing of a petition with
the commissioners court of the county to create a library district
under Chapter 326, Local Government Code; and
(2) the adoption or increase of the local sales and use
tax under Subchapter E, Chapter 326, Local Government Code, would
result in a combined tax rate of more than two percent in any
location in the proposed district.
(c) If the voters approve the adoption or increase of the
district tax under Subsection (b), the tax rate to which the
development corporation's tax is reduced is the highest rate that
will not result in a combined tax rate of more than two percent in
any location in the proposed district.
(d) The rate of the tax imposed by the development
corporation is increased without further action of the board or the
voters of the development corporation or the district on the date on
which the tax imposed under Subchapter E, Chapter 326, Local
Government Code, is decreased or expires. The development
corporation's tax rate increases only to the extent that any tax
imposed by the development corporation was reduced under this
section when the tax imposed by the district was adopted or
increased.
(e) This section does not permit a taxing unit to impose
taxes at different tax rates in the territory of the unit.
(f) For the purposes of holding an election as described by
this section, a petition filed before, on, or after September 1,
2003, with the commissioners court of the county to create a library
district is effective and valid for subsequent filing purposes
until the second anniversary of the date on which the petition was
first filed.
(g) If the boundaries of the proposed library district
include any territory that, on the date on which a petition is filed
on the question of creating the district, is part of a municipality
that operates a municipal public library accredited for membership
in the state library system, the governing body of that
municipality must consent by resolution to allow the inclusion of
that municipal territory in the proposed district.
SECTION 7. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1154 passed the Senate on
May 13, 2003, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendment on May 29, 2003, by a viva-voce
vote.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1154 passed the House, with
amendment, on May 28, 2003, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor