Library Laws of Texas
Annotations of Library-Related Legislation

General Topics
(Topics of General Interest or Broad Application)

General Topics - Certification

Education Code

Chapter 21. Educators - Subchapter A. General Provisions

• 21.003 Certification Required
  States the certification requirement for educators, including for librarians.

Local Government Code

Chapter 323. County Libraries - Subchapter A. County Library

• 323.005 Librarian
  County librarian's certification through the Texas State Library and Archives Commission abolished by S.B. 913 signed by Governor Rick Perry on May 25, 2007.
  

General Topics - Criminal Offenses

Penal Code

• Chapter 28. Arson, Criminal Mischief, and Other Property Damage or Destruction
  Establishes penalties for arson and other acts of criminal mischief against property.
• Chapter 31. Theft
  Establishes penalties for crimes of theft of property and service.

Chapter 39. Abuse of Office

Establishes penalties for crimes committed by a public servant related to that person’s discharge of official duties. Sections of particular interest include:

• 39.03 Official Oppression
• 39.06 Misuse of Official Information

Chapter 42. Disorderly Conduct and Related Offenses

Defines various forms of disorderly conduct. Sections of particular interest include:

• 42.01 Disorderly Conduct
• 42.02 Riot
• 42.03 Obstructing Highway or other Passageway
• 42.04 Defense when Conduct Consists of Speech or Other Expression
• 42.05 Disrupting Meeting or Procession
• 42.06 False Alarm or Report
• 42.07 Harassment
• 42.072 Stalking
• 42.13 Use of Laser Pointers

Chapter 43. Public Indecency - Subchapter B. Obscenity

Contains obscenity laws, including the definitions of obscenity and other key terms, the statute prohibiting creation and distribution of materials depicting sexual performance by a child, and the statute prohibiting the sale, distribution, or display of harmful material to a child.

Chapter 46. Weapons

Prohibits the carrying of weapons, including guns and knives without permits and under any circumstance in certain places including schools or educational institutions. Sections of particular interest include:

• 46.01 Definitions
• 46.02 Unlawful Carrying Weapons
• 46.03 Places Weapons Prohibited
• 46.05 Prohibited Weapons
• 46.08 Hoax Bombs
• 46.11 Penalty if Offense Committed within Weapon-Free School

Chapter 48. Conduct Affecting Public Health

• 48.01 Smoking Tobacco
  Makes smoking in a library and certain other public places a Class C misdemeanor and requires that libraries and other public places identified in this section be equipped with "facilities for the extinguishments of smoking materials".

General Topics - Elections

Election Code

The following sections in the Election Code apply to the holding of elections by various political subdivisions:

• Chapter 41. Election Dates and Hours for Voting
• Chapter 67.Canvassing Elections
• Chapter 85. Conduct of Voting by Personal Appearance

General Topics - Employment

Education Code

Chapter 21. Educators - Subchapter A. General Provisions

• 21.002 Teacher Employment Contracts
  States the types of contracts to be used for educators, including for librarians.

Chapter 21. Educators - Subchapter I. Duties and Benefits

• 21.402 Minimum Salary Schedule for Certain Professional Staff
  Sets forth a formula for the compensation of classroom teachers, full-time librarians, and counselors, and establishes a career ladder for these educators.
• 21.403 Placement on Minimum Salary Schedule
  Defines the terms by which an educator, including a full-time librarian, may be placed on the salary schedule described in Section 21.402.
• 21.405 Duty-free Lunch
  States each classroom teacher or full-time librarian is entitled to at least a 30-minute lunch period free of duties associated with instruction and supervision of students.

Chapter 30. State and Regional Programs and Services - Subchapter E. Texas Youth Commission

• 30.102 Allocation [Texas Youth Commission Facilities]
  Governs the salary received by a classroom teacher or full-time librarian employed by the Texas Youth Commission.

Chapter 51. Provisions Generally Applicable to Higher Education - Subchapter Z. Miscellaneous Provisions

• 51.960 Grievance Rights on Certain Personnel Issues
  Includes "professional librarians" in the definition of "faculty member"; Faculty members have a right to present a grievance.

Labor Code

• Chapter 21. Employment Discrimination
  Establishes as unlawful discriminatory employment practices based on the race, color, disability, religion, sex, national origin, or the age of the employee.

Local Government Code

Chapter 323. County Libraries - Subchapter A. County Library

• 323.005 Librarian
  
Provides employment requirements for persons employed as county librarian.

General Topics - Liability

Insurance Code

Chapter 2209. Texas Nonprofit Organizations Liability Pool

Establishes a pool that "shall insure a nonprofit organization and its officers and employees against liability for acts and omissions under the laws" of the state. Sets forth rules for scope of coverage and participation in the pool.

General Topics - Non-Profit Corporations

Vernon's Texas Civil Statutes

Title 32. Corporations - Chapter 9. Non-Profit; Cooperative, Religious and Charitable

• Articles 1396-1.01 - 11.01 Texas Non-Profit Corporation Act
  Act sets forth the terms by which non-profit organizations are allowed to operate in Texas, including purposes, general powers, by-laws, meetings, officers, articles of incorporation, and dissolution.

General Topics - Open Meetings

Government Code

Chapter 551. Open Meetings

Sets forth laws by which meetings of public agencies at all levels within the state must be conducted, including posting notice of meetings, when meetings can be closed, meetings by telephone conference or videoconference, and enforcement and remedies for violations of the act.

• 551.005 Open Meetings Training
  Effective January, 2006, elected and appointed public officials are required to receive training in Texas open government laws. The Office of Attorney General offers free video training courses, and library district board members and library directors are required to attend.

General Topics - Open Records / Confidentiality

Government Code

Chapter 552. Public Information

Defines public information and describes the terms under which public agencies must make information available to the public including rights of access to the information, information excepted from disclosure (including library records 552.124), procedures related to access, allowable fees, attorney general decisions, and enforcement and remedies for violations of the law.

• 552.012 Open Records Training
  
Effective January, 2006, elected and appointed public officials are required to receive training in Texas open government laws. The Office of Attorney General offers free video training courses, and library district board members and library directors are required to attend.

General Topics - Purchasing

Education Code

Chapter 130. Junior College Districts - Subchapter A. General Provisions

• 130.0101 Acquisition of Library Materials
  Authorizes junior college districts to acquire library goods and services in the same manner as any other public senior college or university.:

Government Code

Chapter 2155. Purchasing: General Rules and Procedures

Establishes purchasing rules for state agencies and gives the Texas Building and Procurement Commission the authority to oversee general purchasing requirements. Sections of particular interest include:

• 2155.139 Exemption for Certain Libraries and Health Facilities
  Allows an exemption to the Commission's purchasing system to higher education libraries or a library or resource-sharing program operated by the Texas State Library and Archives Commission for a variety of library services and materials.
  
• 2155.386 Prepayment for Library Materials by Institution of Higher Education
  Allows Institutions of Higher Education to prepay for library materials if reasonably necessary to the efficient operation of the institution’s libraries.

Chapter 2251. Payment for Goods and Services

Sections describe how governmental entities may pay for goods and services including general provisions, payments and interest, and claims and disputes.

Chapter 2254. Professional and Consulting Services

Contains text of Professional Services Procurement Act whereby governmental entities may contract for professional and consulting services.

Local Government Code

Chapter 176. Disclosure of Certain Relationships with Local Government Officers

Requires that officers of local government entities and those who contract with local government entities or are considering doing business with such an entity make certain financial and business disclosures.

• 176.001 Definitions
• 176.002 Applicability to Certain Vendors and Other Persons
• 176.003 Conflicts Disclosure Statement Required
• 176.004 Contents of Disclosure Statement
• 176.005 Application to Certain Employees
• 176.006 Disclosure Requirements for Vendors and Other Persons; Questionnaire
• 176.007 List of Government Officers
• 176.008 Electronic Filing
• 176.009 Posting on Internet
• 176.010 Requirements Cumulative
• 176.011 Maintenance of Records
• 176.012 Application of Public Information Law

Chapter 252. Purchasing and Contracting Authority of Municipalities

Sets forth requirements for municipal government to follow for contracting and paying for goods and services. Subchapter B. Competitive Bidding or Competitive Proposals section specifically mentions library purchases:

• 252.022 General Exemptions

Provides exemptions from normal procedures for certain purchases of books, papers, and other library materials for a public library. (See Exemptions 7 - 8).

Chapter 271. Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments

• Subchapter A. Public Property Finance Act
  (Sections 271.001 - 271.009) Provides local government with the procedures to purchase or otherwise acquire, use, and finance public property.
• Subchapter C. Certificate of Obligation Act
  (Sections 271.041 - 271.065) Permits local government to issue certificates of obligation for certain purposes.
• Subchapter D. State Cooperation in Local Purchasing Programs
  (Sections 271.081 - 271.096) Directs the General Services Commission [Texas Building and Procurement Commission] to establish a "program by which the commission performs purchasing services for local governments".
• Subchapter F. Cooperative Purchasing Program Participation
  (Sections 271.101 - 271. 102) Sets forth the terms by which local governments can participate in a cooperative purchasing program with another local government or a local cooperative organization.

return to top

General Topics - Tax Provisions

Tax Code

Title 1. Property Tax Code
Chapter 11. Taxable Property and Exemptions - Subchapter B. Exemptions

Sets forth the property as defined by type of use that is exempt from property tax. Sections of particular interest include:

• 11.11 Public Property
  Creates an exemption from property taxation for public property.
• 11.18 Charitable Organizations
  Creates an exemption for certain charitable organizations and defines the conditions those entities must meet to be tax exempt. Libraries are specifically cited in paragraph (d)(5).

Title 2. State Taxation

• Chapter 151. Limited Sales, Excise, and Use Tax
  Describes the entities that are eligible for exemption from sales and use tax. Generally, the statute exempts governmental entities and certain religious, educational, and public service organizations provided they meet qualifications set forth in this chapter.
  
• Chapter 151.310. Religious, Educational, and Public Service Organizations.
  (c) An organization that qualifies for an exemption under Subsection (a)(1) or (a)(2) of this section, and each bona fide chapter of the organization, may hold two tax-free sales or auctions under this subsection during a calendar year and each tax-free sale or auction may continue for one day only.
  
• Chapter 321.Municipal Sales and Use Tax Act
  321.107 Administration of Local Sales and Use Taxes Imposed by other Governmental Entities
  Excludes library districts.

  Return to Library Laws of Texas Main Page

  return to top

Local Libraries

Local Libraries - County Law Libraries

Government Code

Chapter 101. Filing Fees and Other Fees and Costs in Civil Proceedings

Provides for a fee to fund the County Law Library Fund. Sections include:

• 101.061 District Court Fees and Costs
• 101.0615 District Court Fees and Costs: Local Government Code
• 101.081 Statutory County Court Fees and Costs
• 101.0814 Statutory County Court Fees and Costs: Local Government Code
• 101.101 Statutory Probate Court Fees and Costs
• 101.1013 Statutory Probate Court Fees and Costs: Local Government Code
• 101.121 County Court Fees and Costs
• 101.1214 County Court Fees and Costs: Local Government Code

Local Government Code

Chapter 323 County Libraries - Subchapter B. County Law Library

Allows county government to establish county law libraries and to set aside funds in a law library fund for library operations. Sections include:

• 323.021 Establishment and Maintenance
• 323.022 Gifts
• 323.023 Law Library Fund
• 323.024 Management
• 323.025 Claims

Chapter 351. County Jails and Law Enforcement

• 351.0415 Commissary Operation by Sheriff or Private Vendor
  Allows commissary proceeds to be used to fund, staff, and equip county law libraries.

return to top

Local Libraries - County Libraries

Government Code

Chapter 1473. Obligations for County Buildings - Subchapter A. Bonds for Public Libraries.

Gives counties the authority to issue bonds for public library building construction, improvement, enlargement, or repair. Sections include:

• 1473.001 Authority to Issue Public Library Bonds
• 1473.002 Pledge of Revenue
• 1473.003 Bonds Not Payable from Taxes
• 1473.004 Contents of Order Authorizing Bonds
• 1473.005 Adoption and Execution of Documents
• 1473.006 Maturity
• 1473.007 Operating and Leasing Charges
• 1473.008 Refunding Bonds
• 1473.009 Exemption from Taxation

Local Government Code

Chapter 261. County Right of Eminent Domain

• 261.001 Right of Eminent Domain
  Permits counties to exercise right of eminent domain for a variety of purposes including the construction of a library.
• Chapter 262. Purchasing and Contracting Authority of Counties
  Sets forth laws under which county government may purchase goods and services. (Includes Subchapter C. County Purchasing Act beginning with section 262.021).
• Chapter 263. Sale or Lease of Property by Counties - Subchapter D. Disposition of Salvage or Surplus Property
  (Sections 263.151 - 263.158) Provides authorization to counties to sell surplus property and directs the county to keep for one year a record of each item sold and the sale price of each item.

Chapter 323. County Libraries - Subchapter A. County Library

Allows county governments to establish libraries, set aside funds to maintain the library, hire a librarian, and participate with other local government to provide library service. Sections include:

• 323.001 Establishment and Maintenance
• 323.002 Maintenance Funds
• 323.003 Gifts
• 323.004 Farmers' County Library
• 323.005 Librarian 323.005 (b) and (d) are amended by 81st Legislature (2009)
• 323.006 Supervision
• 323.007 Library Fund
• 323.008 Participation with a Municipality
• 323.009 Participation with a County
• 323.010 Joint Library
• 323.011 Participation with an Established Library
• 323.012 Participation with a Privately Owned Library
• 323.013 Discontinuation of Library

Chapter 323. County Libraries - Subchapter C. Additional Library Authority

Allows county government to purchase, construct, repair, equip, or improve a building for use as a county library, to acquire land for county library use, and to issue bonds for the same purposes. Sections include:

• 323.051 Acquisition and Location of Library
• 323.052 County Library Bonds

Chapter 387. County Assistance District

• 387.003 Creation and Functions of District
  Authorizes the county commissioners’ court to call an election on the question of creating a county assistance district. Districts may perform a variety of functions including the maintenance or improvement of libraries.

return to top

Local Libraries - Infrastructure (i.e., Telecommunications,TIF)

Government Code

Chapter 487. Office of Rural Community Affairs

• Subchapter O. Community Telecommunications Alliance Program (Sections 487.651 - 487.654)
  Allows libraries and schools to be included in alliance.

Utilities Code

Chapter 57. Distance Learning and Other Advanced Services

Subchapter B. Distance Learning and Information Sharing
Directs the Texas Public Utilities Commission to require telecommunications carriers to file tariffs that include a reduced rate for telecommunications services that support distance learning and library information sharing. Sections include:

• 57.021 Definitions
• 57.022 Reduced Rates for Distance Learning or Information
• 57.023 Service and Rate Requirements
• 57.024 Tariff Filings
• 57.025 Changes in Rate Program

Subchapter D. Interactive Multimedia Communications
Pertains to the rates charged by local exchange companies for interactive multimedia communications services. Sections include:

• 57.071 Definition
• 57.072 Rates for Interactive Multimedia Communications

Chapter 58. Incentive Regulation - Subchapter G. Infrastructure Commitment to Certain Entities

Establishes program to encourage a telecommunications infrastructure that interconnects public entities across the broadband digital service infrastructure. Public entities provided for under these sections include educational institutions and libraries. Sections include:

• 58.251 Intent and Goal of Subchapter
• 58.252 Definitions
• 58.253 Private Network Services for Certain Entities
• 58.254 Priorities
• 58.255 Contracts for Private Network Services
• 58.256 Preferred Rate Treatment Warranted
• 58.257 Election of Rate Treatment
• 58.258 Private Network Services Rates and Tariffs
• 58.259 Tariff Rate for Certain IntraLATA Service
• 58.260 Point-to-Point 45 Megabits a Second IntraLATA Service
• 58.261 Broadband Digital Special Access Service
• 58.262 Expanded Interconnection
• 58.263 Internet Access
• 58.264 Complaints Limited
• 58.265 Interconnection of Network Services
• 58.266 Sharing or Resale of Network Services
• 58.267 Implementation Costs; Increase in Rates and Universal Service Funds

Chapter 59. Infrastructure Plan - Subchapter D. Infrastructure Commitment to Certain Entities

Chapter 59 applies to local exchange companies that do not elect to be regulated under Chapter 58. Subchapter D. requires electing companies to provide private network services to educational institutions and libraries among other public entities. Sections include:

• 59.071 Definitions
• 59.072 Private Network Services for Certain Entities
• 59.073 Investment Priorities
• 59.074 Contracts for Private Network Services
• 59.075 Preferred Rate Treatment Warranted
• 59.076 Election of Rate Treatment
• 59.077 Private Network Services Rates and Tariffs
• 59.078 Private Line or Special Access Rates
• 59.079 Complaints Limited
• 59.080 Interconnection of Network Services
• 59.081 Sharing or Resale of Network Services
• 59.082 Implementation Costs; Increase in Rates and Universal Service Funds
• 59.083 Continuation of Obligation

return to top

Local Libraries - Library Districts

Election Code

The following sections in the Election Code apply to the holding of elections by various political subdivisions, including library districts:

Chapter 41. Election Dates and Hours of Voting

Chapter 67. Canvassing Elections

Chapter 85. Conduct of Voting by Personal Appearance

Local Government Code

Chapter 177. Removal of Special District Board Members - Subchapter B. Removal of Appointed Board Members for Misconduct

• 177.051 Applicability
  Allows county commissioners court to remove special district board members who engage in misconduct; includes library districts and mulit-jurisdictional library districts.

Chapter 326. Library Districts

Permits the creation of library districts to be funded by local sales and use taxes for the purpose of providing library service to residents within the boundaries of the district. Sections include:

• Subchapter A. General Provisions
• 326.001 Findings
• 326.002 Purpose
• 326.003 Definitions
• 326.004 District Authorization

• Subchapter B. Creation of District
• 326.021 Confirmation Election
• 326.022 Territory Included in a District
• 326.023 Petition for Creation of District
• 326.024 Payment of Election Costs
• 326.025 Filing of Petition; Hearing; Ordering Election
• 326.026 Election Order
• 326.027 Notice
• 326.028 Ballot Proposition
• 326.029 Results of Election
• 326.030 Initial Trustees

• Subchapter C. District Administration
• 326.041 Board of Trustees
• 326.042 Registered Voter Requirement
• 326.043 Election of Trustees; Term of Office
• 326.0431 Write-In Candidates
• 326.0432 Election of Unopposed Candidate
• 326.044 Board Vacancy
• 326.045 Officers
• 326.046 Quorum; Officers' Duties
• 326.047 Bylaws
• 326.048 Meetings and Notice
• 326.049 Management of District
• 326.050 Library Director
• 326.051 Bond
• 326.052 Trustee Interested in Contract

• Subchapter D. Powers and Duties
• 326.061 General Powers of District
• 326.062 Employee Plans
• 326.063 Suits
• 326.064 Rules
• 326.065 Fees
• 326.066 Depository
• 326.067 Investments
• 326.068 Expenditures
• 326.069 Accounts and Records; Audits
• 326.070 Fiscal Year
• 3326.071 Repayment of Organizational Expenses
• 326.072 Gifts, Grants, and Donations

• Subchapter E. Sales & Use Tax
• 326.091 Sales and Use Tax
• 326.092 Imposition, Computation, Administration, and Governance
• 326.093 Tax Rates
• 326.094 Abolition of or Change in Tax Rate
• 326.095 Use of Tax
• 326.096 Limitation on Adoption of Tax

Chapter 336. Multi-jurisdictional Library Districts

Permits the creation of multi-jurisdictional library districts, authorizing taxes and bonds. Sections include:

• Subchapter A. General Provisions
• 336.001 Definitions
• 336.002 Nature of District
• 336.003 Multi-jurisdictional Public Library

• Subchapter B. Creation of District
• 336.021 Role of Lead Governmental Entity
• 336.022 Territory Included in District
• 336.023 Confirmation Election
• 336.027 Ballot Proposition
• 336.028 Results of Confirmation Election
• 336.029 Initial Board and Presiding Officer
• 336.030 Repayment of Organizational Expenses

• Subchapter C. Board of Trustees
• 336.051 Governing Body
• 336.052 Appointment
• 336.053 Eligibility for Appointment
• 336.054 Terms
• 336.055 Vacancy
• 336.056 Officers
• 336.057 Meetings and Notice
• 336.058 Conflict of Interest in Contract

• Subchapter D. Other Administrative Provisions
• 336.101 Bylaws
• 336.102 Employees
• 336.103 Executive Director
• 336.104 Qualifications of Executive Director or Library Director
• 336.105 Bond
• 336.106 Employee Plans
• 336.107 Records; Secretary

• Subchapter E. Powers and Duties
• 336.151 General Powers of District
• 336.152 Rules; Violation of Rules
• 336.153 Location of Public Library Facilities
• 336.154 Contracts
• 336.155 Agreements with Other Political Subdivisions
• 336.156 Property and Equipment
• 336.157 Surplus Property
• 336.158 Suits
• 336.159 Expansion of District
• 336.160 Donation of Library Assets by County or Municipality

• Subchapter F. General Financial Provisions
• 336.201 Borrowing
• 336.202 Fees; General
• 336.203 Library Fees
• 336.204 Depository
• 336.205 Expenditures
• 336.206 Accounts and Records; Audits
• 336.207 Fiscal Year
• 336.208 Grants and Donations

• Subchapter G Taxes
• 336.251 Ad Valorem Tax Assessment and Collection
• 336.252 Imposition, Computation, Administration, and Governance of Sales Tax
• 336.253 Sales and Use Tax Rates
• 336.254 Abolution of or Change in ad Valorem Tax Rate
• 336.255 Use of Tax

• Subchapter H. Bonds
• 336.301 Definition
• 336.301 General Power to Issue Bonds
• 336.303 Lead Governmental Entity's Consent Required
• 336.304 Short-term Bonds
• 336.305 Election Required for Certain Bonds Secured by Taxes
• 336.306 Security Pledged
• 336.307 Lien on Revenue
• 336.308 Exchange of Bonds for Existing Library Facilities
• 336.309 Governmental Entities Not Responsible for District Obligations

• Subchapter I. Dissolution
• 336.351 Procedure for Dissolution

Chapter 387. County Assistance District

• 387.003 Creation and Functions of District
  Authorizes the county commissioners’ court to call an election on the question of creating a county assistance district. Districts may perform a variety of functions including the maintenance or improvement of libraries.

return to top

Local Libraries - In General

Election Code

Chapter 254. Political Reporting - Subchapter B. Political Reporting Generally

• 254.0362 Use of Publicly Accessible Computer Terminal for Preparation of Reports
  Allows a person who is required to file political reports to use a publicly accessible computer terminal. "Publicly accessible computer terminal" is defined as a terminal normally available for use by members of the public and that is owned by a state agency, and independent school district, or a public library operated by a city or county.

Government Code

Chapter 401. Governor and Lieutenant Governor. Subchapter A. Inauguration

• 401.011 Inaugural Endowment Fund
  Allows the fund to be expended for decorating, furnishing, preserving, or improving the Capitol, the Governor's Mansion, or other state property of historical significance or for grants in support of public schools, public libraries, or other charitable causes at the discretion of the inaugural endowment fund committee.

Chapter 791. Interlocal Cooperation Contracts

Authorizes and defines the use of contracts between various entities of local government, including counties. Includes library and museum services and records center services in the discussion of allowed services. Authorizes the Texas State Library and Archives Commission to assist in the establishment and design of Regional Records Centers. Sections of particular interest include:

• 791.001 Purpose
• 791.003 Definitions
• 791.029 Contracts for Regional Records Centers

Chapter 2206. Limitation on Use of Eminent Domain

• 2206.001 Limitation on Eminent Domain for Private Parties or Economic Development Purposes
  Section doesn't affect the authority to take private property through the use of eminent domain for libraries.

Local Government Code

Chapter 176. Disclosure of Certain Relationships with Local Government Officers

Requires that officers of local government entities and those who contract with local government entities or are considering doing business with such an entity make certain financial and business disclosures.

• 176.001 Definitions
• 176.002 Applicability to Certain Vendors and Other Persons
• 176.003 Conflicts Disclosure Statement Required
• 176.004 Contents of Disclosure Statement
• 176.005 Application to Certain Employees
• 176.006 Disclosure Requirements for Vendors and Other Persons; Questionnaire
• 176.007 List of Government Officers
• 176.008 Electronic Filing
• 176.009 Posting on Internet
• 176.010 Requirements Cumulative
• 176.011 Maintenance of Records
• 176.012 Application of Public Information Law

Chapter 271. Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments

• Subchapter A. Public Property Finance Act
  (Sections 271.001 - 271.009) Provides local government with the procedures to purchase or otherwise acquire, use, and finance public property.
• Subchapter C. Certificate of Obligation Act
  (Sections 271.041 - 271.065) Permits local government to issue certificates of obligation for certain purposes.
• Subchapter D. State Cooperation in Local Purchasing Programs
  (Sections 271.081 - 271.096) Directs the General Services Commission [Texas Building and Procurement Commission] to establish a "program by which the commission performs purchasing services for local governments".
• Subchapter F. Cooperative Purchasing Program Participation
  (Sections 271.101 - 271.102) Sets forth the terms by which local governments can participate in a cooperative purchasing program with another local government or a local cooperative organization.

Chapter 281. Municipal Civil Center Authorities

• 281.044 Facilities
  Includes libraries in the entities that a municipal civic center authority is authorized to establish, acquire, lease, purchase, construct, repair or otherwise maintain."

Chapter 305. Miscellaneous Public Building Provisions Affecting Municipalities and Counties

• 305.001 Joint Construction and Maintenance of Buildings by Certain Counties and Municipalities
  Allows municipalities with more than 2,000 inhabitants and located more than 10 miles from the county seat to work with the county to jointly construct buildings for certain purposes including libraries.

Chapter 331. Municipal and County Authority to Acquire and Maintain Parks, Museums, and Historic Sites

• 331.002 Acquisition of Historic Objects
  Allows a municipality or county to acquire by gift or purchase certain historical objects including books.

Chapter 372. Improvement Districts in Municipalities and Counties - Subchapter A. Public Improvement Districts

(Sections 372.001 - 372.030) Provides text of Public Improvement District Assessment Act which permits the creation of public improvement districts for certain purposes, including the "acquisition, construction, or improvement of libraries".

Property Code

Chapter 43. Exempt Public Property

• 43.001 Exempt Public Library
  Exempts public libraries from attachment, execution, and forced sale.

return to top

Local Libraries - Public Municipal Libraries

Government Code

Chapter 441. Libraries and Archives - Subchapter A. Texas State Library and Archives Commission

• 441.0092 New Millennium Reading Program Grants
  Authorizes Commission to make grants from New Millennium Reading Program to fund programs to promote reading provided by public libraries.

Chapter 441. Libraries and Archives - Subchapter E. Texas Public Library Endowment Fund

Establishes the Texas Public Library Endowment Fund as a trust fund outside the State Treasury to be administered by the Texas State Library and Archives Commission and designating revenue from the fund to be used to provide aid to Texas public libraries. Sections include:

• 441.071 Texas Public Library Endowment Fund
• 441.072 Investment and Management of Endowment Fund
• 441.073 Texas Public Library Fund
• 441.074 Donations, Appropriations, and Sales
• 441.075 Public Library Fund Grant Program

Chapter 441. Libraries and Archives - Subchapter H. Print Access Aids for Persons with Visual Disabilities

Directs the Texas State Library and Archives Commission to place devices in public libraries that will aid those members of the public with visual disabilities. Sections include:

• 441.111 Definitions
• 441.112 Print Access Aids in Public Libraries
• 441.113 Training and Information
• 441.114 Maintenance of Equipment
• 441.115 Relocation
• 441.116 Funding

Chapter 441. Libraries and Archives - Subchapter I. Library Systems

Establishes and provides procedures for the Texas Library System, Major Resource Systems, and Regional Library Systems. Sections include:

• 441.121 Short Title
• 441.122 Definitions
• 441.123 Establishment of State Library System
• 441.124 Advisory Board
• 441.125 Plan of Service
• 441.126 Authority to Establish Major Resource Systems
• 441.127 Membership in System
• 441.1271 Extending Membership of Major Resource Systems to Certain Nonpublic Libraries
• 441.128 Operation and Management
• 441.129 Withdrawal System
• 441.130 Advisory Council
• 441.131 Regional Library System
• 441.132 Major Resource Centers
• 441.133 Area Libraries
• 441.134 Community Libraries
• 441.135 Grants
• 441.136 Rules
• 441.137 Administration
• 441.138 Funding
• 441.1381 Comparative Grants; System Operation Grants
• 441.1382 Additional Funding
• 441.1383 Grants to Aid Local Libraries
• 441.139 Research Fees for For-Profit Entities

Related Rules and Regulations:

• Library Services and Technology Act, see 13 TAC sec. 1.21 et seq.
• System Advisory Council, see 13 TAC sec. 1.111 et seq.
• Accreditation Standards for Major Resource System of Libraries, see 13 TAC sec. 1.41 et seq.
• Public libraries in state library system, minimum standards for accreditation, see 13 TAC 1.71 et seq.
• Grants, see 13 TAC sec, 1.91 et seq.

Chapter 1504. Obligations for Municipal Buildings - Subchapter A. Revenue Bonds for Certain Facilities

Gives municipalities the authority to issue bonds for public library building construction. Sections include:

• 1504.001 Authority for Certain Facilities
• 1504.002 Authority to Issue Revenue Bonds
• 1504.003 Pledge of Revenue
• 1504.004 Lien on Facility
• 1504.005 Bonds Not Payable from Taxes; Exception
• 1504.006 Contents of Ordinance Authorizing Bonds
• 1504.007 Adoption and Execution of Documents
• 1504.008 Maturity
• 1504.009 Signatures
• 1504.010 Sale of Bonds
• 1504.011 Investment of Bond Proceeds and Funds
• 1504.012 Terms of Certain Leases
• 1504.013 Charges for Services
• 1504.014 Refunding Bonds
• 1504.015 Conflict or Inconsistency with Municipal Charter

Local Government Code

Chapter 251. Municipal Right of Eminent Domain

• 251.001 Right of Eminent Domain
  Permits governing body of a municipality to exercise the right of eminent domain for a variety of purposes, including "the providing, enlarging and improving of a ….library"

Chapter 252. Purchasing and Contracting Authority of Municipalities

Sets forth requirements for municipal government to follow for contracting and paying for goods and services. Following section specifically mentions library purchases:

• 252.022 General Exemptions
  Provides exemptions from normal procedures for certain purchases of books, papers, and other library materials for a public library.

Chapter 315. Miscellaneous Provisions Relating to Municipal Parks and other Recreational and Cultural Resources

• 315.005 Municipal Library in Type A General-Law Municipality
  Allows Type A General-Law Municipalities to establish free libraries.

return to top

Local Libraries - School Libraries

Education Code

Chapter 11. School Districts - Subchapter D. Powers and Duties of Board of Trustees of Independent School District.

• 11.158 Authority to Charge Fees
  Authorizes the board of trustees of an independent school district to charge fees, but prohibits fees for the use of library books, except for fines for lost, damaged, or overdue materials.
• 11.165 Access to School Campuses
  Authorizes the board of trustees of an independent school district to keep school campuses-including libraries-open for recreational activities after school hours.

Chapter 21. Educators - Subchapter A. General Provisions.

• 21.002 Teacher Employment Contracts
  States the types of contracts to be used for educators, including for librarians.
• 21.003 Certification Required
  States the certification requirement for educators, including for librarians

Chapter 21. Educators - Subchapter I. Duties and Benefits

• 21.402 Minimum Salary Schedule for Certain Professional Staff
  Sets forth a formula for the compensation of classroom teachers, full-time librarians, and counselors, and establishes a career ladder for these educators.
• 21.403 Placement on Minimum Salary Schedule
  Defines the terms by which an educator, including a full-time librarian, may be placed on the salary schedule described in Section 21.402.
• 21.405 Duty-free Lunch
  States each classroom teacher or full-time librarian is entitled to at least a 30-minute lunch period free of duties associated with instruction and supervision of students.

Chapter 30A. State Virtual School Network - Subchapter C. Provision of ELectronic Courses

• 30A.115 Additional Resources
  Allows establishment of online library.

Chapter 33. Service Programs and Extracurricular Activities - Subchapter B. Libraries

• 33.021 Library Standards
  Directs the State Library and Archives Commission to adopt standards for school library services.
• 33.022 Contract with County or Municipality
  Allows a school district to enter into contracts with counties and municipalities for the purpose of providing joint-use facilities.

Chapter 42. Foundation School Program - Subchapter E. Financing the Program.

• 42.2512 Additional State Aid for Professional Staff Salaries
  Grants a one-time pay increase of $3,000 to all classroom teachers, full-time librarians, and full-time counselors. (passed in 1999, 76th Legislature)

Government Code

Chapter 662. Holidays and Recognition Days and Months

• 662.049 Public School Paraprofessional Day
  Recognizes second Wednesday in May as Public School Paraprofessional Day in recognition of a various educational paraprofessionals including library attendants.

Transportation Code

Chapter 504. Registration of Vehicles

• 504.607 Read to Succeed
  Allows the creation of a special license plate, "Read to Succeed" and allocates the revenue from sales of the plates to be used for the "purpose of providing educational materials for public school libraries."

return to top

Local Libraries - Special Districts

Special District Local Law Code

Chapter 3833. Espada Development District

Provides for the creation of the Espada Development District, giving authority to impose taxes and issue bonds; may acquire, construct, and maintain libraries

Local Libraries - Voter Registration Agency (Public Library Role)

Election Code

Chapter 20. Voter Registration Agencies - Subchapter A. General Provisions

• 20.001 Designation of Voter Registration Agencies
  Designates public libraries as voter registration agencies.
• 20.002- 20.009
  Sets general provisions of voter registration agency program

Chapter 20. Voter Registration Agencies - Subchapter B. Registration Assistance Generally

• 20.031 - 20.037
  Sets procedures for registration assistance

Chapter 20. Voter Registration Agencies - Subchapter D. Public Library

Sets forth provisions governing public libraries acting as voter registration agencies. Sections include:

• 20.091 Applicability of other provisions
• 20.092 Registration Procedure
• 20.093 Declination Form Not Required

return to top

Specialized Libraries and Collections

Specialized Libraries and Collections - Academic Libraries

Education Code

Chapter 51. Provisions Generally Applicable to Higher Education - Subchapter C. Faculty Development Leaves of Absence

• 51.101 Definitions
  Includes professional librarians in the definition of "faculty member".

Chapter 51. Provisions Generally Applicable to Higher Education - Subchapter D. Information Network Associations

• Sections 51.152 through 51.173
  Allows the "establishment and operation of a cooperative system for communication and information retrieval and transfer between institutions" :
• 51.151 Definitions
• 51.152 Purpose
• 51.1521 Interagency Contracts for Networks
• 51.153 Western Information Network Association
• 51.154 Board of Directors
• 51.155 Director's Expenses
• 51.156 Meetings of the Board; Quorum; Action by Board
• 51.157 Chairman, Vice Chairman
• 51.158 General Manager, Employees
• 51.159 Delegation of Authority
• 51.160 Bond of Officer, Agent, or Employee
• 51.161 Powers and Duties of Association
• 51.162 Gifts and Grants
• 51.163 Information Network Association Fund
• 51.164 Rules and Regulations
• 51.165 Principal Office
• 51.166 Facilities
• 51.167 Designation of Regions for Additional Associations
• 51.168 Creation of Additional Associations
• 51.169 Provisions Applicable to Additional Associations
• 51.170 Revenue Bonds
• 51.171 Revenue Refunding Bonds
• 51.172 Approval of Bonds; Registration
• 51.173 Bonds as Legal Investments

Chapter 51 Provisions Generally Applicable to Higher Education - Subchapter N. Partnerships between Community/Junior Colleges and Upper-Level Universities or Centers

Sections 51.661 through 51.668
Allows partnership agreements between junior and senior colleges within the same geographical region upon approval of the Coordinating Board for purposes of managing the operations of the institutions.:

• 51.661 Purpose
• 51.6615 Definition
• 51.662 Partnership Agreements
• 51.663 Advisory Committee
• 51.664 Joint Use of Personnel
• 51.665 Support Services
• 51.666 Facilities
• 51.667 State Funding
• 51.668 Continuing Responsibilities

Chapter 51. Provisions Generally Applicable to Higher Education - Subchapter Z. Miscellaneous Provisions

• 51.903 Archives; Certified Copies
  Allows local government to lend archival records to institutions of higher education.:
• 51.960 Grievance Rights on Certain Personnel Issues
  Includes "professional librarians" in the definition of "faculty member"; Faculty members have a right to present a grievance.:

Chapter 54. Tuition and Fees - Subchapter A. General Provisions

• 54.006 Refund of Tuition and Fees
  Lists student services and privileges, including library privileges, that are to be terminated when student withdraws from institution.:

Chapter 54. Tuition and Fees - Subchapter E. Other Fees and Deposits

• Sections 54.501 through 54.546
  Governs the collection of fees and deposits by state colleges and universities and sets forth the services that can be funded by such fees. Sections particularly mentioning libraries or library services include:
• 54.504 Incidental Fees

Chapter 55. Financing Permanent Improvements - Subchapter B. Revenue Bonds and Facilities

Sections 55.11 through 55.25
Authorizes the boards of institutions of higher education to acquire property and construct buildings for its facilities. Sections particularly mentioning libraries or library services include::

• 55.12 Contracts for Joint Construction
• 55.1721 The Texas A&M University System
• 55.1731 The Texas A&M University System; Additional Bonds
• 55.1732 The University of Texas System; Additional Bonds
• 55.1734 Texas State University System; Additional Bonds
• 55.17392 Texas State Technical College System
• 55.1751 Texas A&M University System; Additional Bonds

Chapter 61. Texas Higher Education Coordinating Board - Subchapter C. Powers and Duties of Board

• 61.051 Coordination of Institutions of Public Higher Education
  Sub-section (o) authorizes Board to encourage cooperative programs and agreements among higher education institutions including library and computer sharing.:
• 61.057 Promotion of Teaching Excellence
  Sub-section (4) authorizes Board to encourage maximum utilization of all available teaching techniques including interlibrary exchanges and joint libraries.:
• 61.0815 Report on Higher Education Employees Serving as Expert Witnesses in Certain Suits
  Requires Board to submit annual report regarding compensated services by members of faculty or professional staff (including professional library services) as consulting or testifying expert witness in suits in which state is a party.:

Chapter 62. Division of Constitutionally Appropriated Funds among Certain Institutions of Higher Education - Subchapter B. Amounts Allocated by Equitable Allocation Formula

• 62.021 Allocations
  Sets forth the amounts to be received in Higher Education Assistance Funds (HEAF) by each eligible institution and specifically prohibits the expenditure of funds for any goods or services before delivery. Allows an exemption for the purchase of books or other library materials as authorized by section 2155.386, Government Code. Therefore, allows HEAF funds to be used to prepay library material purchases.

Chapters 70 - 74 Various Units of the University of Texas System

Following sections permit board to accept grants and gifts including libraries from a variety of public and private sources. Sections include:

• Chapter 70. University of Texas at Dallas. 70.07 Grants and Gifts
• Chapter 71. University of Texas at San Antonio. 71.06 Board may Accept Grants and Gifts
• Chapter 72. University of Texas at Permian Basin. 72.05 Board may Accept Grants and Gifts
• Chapter 73. University of Texas at Houston. Subchapter B. The University of Texas Medical School at Houston. 73.056 Gifts and Grants
• Chapter 74. Other Medical, Dental, and Nursing Units of the University of Texas System.
  • Subchapter C. The University of Texas Southwestern Medical Center at Dallas. 74.103 Gifts and Grants
  • Subchapter D. The University of Texas Medical School at San Antonio. 74.153 Gifts and Grants
  • Subchapter E. Medical School to be Established and Located by Board of Regents. 74.204 Gifts and Grants
  • Subchapter G. The University of Texas (Clinical) Nursing School at San Antonio. 74.305 Gifts and Grants
  • Subchapter H. The University of Texas (Undergraduate Nursing School at El Paso. 74.355 Gifts and Grants
  • Subchapter J. Podiatry School to be Established and Located. 74.504 Gifts and Grants

Chapter 74. Other Medical, Dental, and Nursing Units of the University of Texas System - Subchapter L. Lower Rio Grande Valley Academic Health Center

• 74.613 Facilities
  Allows facilities, including libraries, to be provided by a public or private entity.:

Chapter 74. Other Medical, Dental, and Nursing Units of the University of Texas System - Subchapter M. University of Texas Health Science Center at San Antonio Campus Extension

• 74.704 Facilities
  Allows facilities, including libraries, to be provided by a public or private entity.:

Chapter 95. Administration of the Texas State University System - Subchapter B. Powers and Duties of Board

• 95.21 General Responsibilities and Authority of Board
  Sets forth power and duties of the Board of Regents of the Texas State University System including the authority to purchase libraries.:
• 95.28 Disbursement of Funds
  States appropriated funds, including those for the purchase of libraries, shall be disbursed under direction and authority of the Board.:

Chapter 105. University of North Texas System - Subchapter C. Powers and Duties of Board

• 105.101 General Powers and Duties
  Sets forth power and duties of Board of Regents of the University of North Texas System including the authority to purchase libraries.:

Chapter 105. University of North Texas System - Subchapter F. State Historical Collection

• 105.251 Designation
  Designates the historical collection of the university the "State Historical Collection of the University of North Texas":
• 105.252 Gifts and Donations
  Authorizes the Board to accept gifts and donations for the State Historical Collection
• 105.253 Rules Regarding Gifts and Donations
  Authorizes the Board to adopt rules regarding receiving and holding of items

Chapter 107. Texas Woman’s University - Subchapter D. Dormitories and Improvements

• 107.69 State Historical Collection
  Authorized the board to establish historical collection to be called the History of Texas Women and to accept gifts and donations to that collection.:

Chapter 110. Texas Tech University Health Sciences Center

• 110.07 Physical Facilities
  Authorizes the Board to make provision for adequate physical facilities including the library.:

Chapter 130. Junior College Districts - Subchapter A. General Provisions

• 130.0101 Acquisition of Library Materials
  Authorizes junior college districts to acquire library goods and services in the same manner as any other public senior college or university.:

Chapter 131. Southwest Collegiate Institute for the Deaf.

• 131.004 Courses, Programs, and Services
  Directs the center to offer various courses, programs, and services including library-related services.

Chapter 142. Advanced Research Program

Sets forth duties and procedures for Advanced Research Program to encourage research by faculty members in a variety of disciplines including information science.

Chapter 151. Border Health Institute

• 151.006 Facilities
  Allows facilities, including libraries, to be provided by public or private entity, or by a cooperative, consortium, or joint venture.

Government Code

Title 8. Public Retirement Systems - Subtitle C. Teacher Retirement System of Texas - Chapter 821. General Provisions.

• 821.001 Definitions
  Includes "professional librarian" in the definition of "faculty member".:

Chapter 2155. Purchasing: General Rules and Procedures

• 2155.386 Prepayment for Library Materials by Institution of Higher Education
  Allows Institutions of Higher Education to prepay for library materials if reasonably necessary to the efficient operation of the institution’s libraries.:

Occupations Code

Chapter 351. Optometrists and Therapeutic Optometrists

• 351.154 Application of Fees
  Directs the Texas Optometry Board to deposit 15% of annual renewal fees in the University of Houston Development Funds. Specifies items to which funds can applied, including library facilities of the College of Optometry.:

return to top

Specialized Libraries and Collections - Court Libraries

Government Code

Chapter 22. Appellate Courts

• 22.213 Twelfth Court of Appeals
  States the City of Tyler and Smith County shall furnish and equip suitable rooms and a library for the court and the justices without expense to the state.

Chapter 30. Municipal Courts of Record

• 30.00012 Court Facilities
  States the governing body shall provide facilities including libraries and law books that the governing body determines are necessary for the proper operation of the municipal courts of record.

Chapter 51. Clerks - Subchapter C. Clerks of the Courts of Appeals

• 51.204 Records of Court
  Sets up retention and disposition procedures for court records. [Note: Acts 1997, 75th Leg., ch. 873 states that a record that contains highly concentrated, unique, and valuable information unlikely to be found in any other source available to researchers may be transferred to a public or private library or other agency concerned with the preservation of historical documents.]
• 51.206 Law Library
  Designates the clerk of the court of appeals as the librarian of the court and sets out procedures for purchasing law books from fees collected by the court.

Title 2, Subtitle F-Appendix - Rules of Judicial Administration

• Rule 12. Public Access to Judicial Records
  Provides for public access to information in the judiciary.

return to top

Specialized Libraries and Collections - Distribution of Government Information

Government Code

Chapter 405. Secretary of State - Subchapter B. Duties

• 405.012 Exchanges
  Authorizes the Secretary of Sate to send copies of laws and judicial reports to various entities, including Librarian of Congress and each foreign librarian or government with whom system of library exchange is establishes; Authorizes the Secretary of State to exchange materials for benefit of University of Texas Law Library for similar material of United States, other states, and foreign countries.
• 405.013 Court Reports
  Authorizes the Secretary of State to receive printed and bound volumes of the Supreme Court Reports and the Reports of the Court of Criminal Appeals from the Supreme Court Reporter; Authorizes the Secretary of State to sell copies and sets up distribution list for reports.
• 405.017 Miscellaneous Duties
  Authorizes the Secretary of State to deliver to state library all books, maps, charts, printed volumes of the laws of a national, territory or another state, or other political or miscellaneous publications received in the Secretary of State's Office; Authorizes delivery to Supreme Court Librarian reports of courts of a nation, territory, or another state received in the Secretary of State's Office.

Chapter 441. Libraries and Archives - Subchapter G. State Publications

Defines the term "state publications" and sets the duties of state agencies and the Texas State Library in the distribution of state publications. Sections include:

• 441.101 Definitions
• 441.102 Distribution of State Publications
• 441.103 State Agency Duties
• 441.1035 State Publications Distributed in Physical Format; Notice; Online Availability
• 441.104 Duties of Texas State Library
• 441.105 Exempt Publications
• 441.106 Payment for Printing of State Publications

Related Rules and Regulations:

• State Publications Depository Program, see 13 TAC sec. 3.1 et seq.

Chapter 2002. Texas Register and Administrative Code - Subchapter B. Texas Register

• 2002.015 Distribution
  Instructs the Secretary of State to provide certain entities with a copy of the Texas Register without charge. Includes free copies for each library of a public university and one public library in each municipality.

Chapter 2052. State Agency Reports and Publications

Creates rules governing the dissemination of state agency publications. The statute defines how the publications shall be distributed as well as the process by which citizens or state employees may request and obtain agency publications. Sections of particular interest include:

• Subchapter C. Distribution of Publications
• 2052.201 Definitions
• 2052.202 Publication Request Form
• 2052.203 Publication Distribution List
• 2052.204 Distribution
• 2052.205 Copies to Library
• 2052.206 Applicability to Information Required by Law

• Subchapter D. Publication Production and Charges
• 2052.301 Sales Charge
• 2052.302 Prohibition of Economic Benefit
• 2052.303 Use of Recycled Paper
• 2052.304 Use of Certain Printing Stock

Chapter 2056. Strategic Plans of Operation

• 2056.002 Strategic Plans
  Requires plans to filed with the Legislative Reference Library and the State Library.

Chapter 2155. Purchasing: General Rules and Procedures

• 2155.083 State Business Daily; Notice Regarding Procurements Exceeding $25,000.
  Names public libraries as one type of public entity that might provide access to business daily to businesses without electronic access.

Chapter 2158. Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services

• 2158.065 Distribution of Printed Laws
  Provides a list for the Secretary of State to follow in distributing printed laws of each session. Includes county law libraries, Legislative Reference Library, State Law Library, and Texas State Library.

Chapter 2172. Miscellaneous General Services Provided by Commission

• 2172.004 Archives
  Permits the Texas Building and Procurement Commission to store and display the archives of Texas.

Insurance Code

Chapter 32. Administrative Power and Duties - Subchapter B. Reports

• 32.021 Annual Reports
  Require reports to be filed with Legislative Reference Library and the Texas State Library.

Local Government Code

Chapter 191. General Records Provisions Affecting Counties

• 191.006 Public Access to Records
  Provides for public access to records in county clerk’s office if not otherwise restricted by law or court order. Allows for copies to be made.

Occupations Code

Chapter 154. Public Interest Information and Complaint Procedures

• 154.002 Information for Public Dissemination
  Directs State Board of Medical Examiners to provide information prescribed in this section to each public library that requests copies
• 154.003 Information for Physicians
  Directs State Board of Medical Examiners to provide information prescribed in this section to public libraries throughout the state

Water Code

Chapter 16. Provisions Generally Applicable to Water Development - Subchapter C. Planning

• 16.053 Regional Water Plans
  Section calls for regional water plans being made available for public inspection at least one month before a public hearing "at least one public library of each county having land in the region."

Chapter 35. Groundwater Studies - Subtitle E. Groundwater Management

• 35.007 Identifying, Designating, and Delineating Priority Groundwater Management Areas.
  Calls for reports regarding Groundwater Management Areas to be made available for public inspection in at least one public library of each county in which proposed priority groundwater management area is located.

return to top

Specialized Libraries and Collections - Electronic Records and Filing

Business and Commerce Code

Chapter 322. Uniform Electronic Transactions Act - effective 4/1/2009

• 322.017 Acceptance and Distribution of Electronic Records by Governmental Agencies Directs the Department of Insurance and State Library and Archives Commission to specify rules and procedures for electronic records.
• 322.021 Certain Requirements Considered to be Recommendations States rules and procedures for electronic records set forth by the Department of Insurance and State Library and Archives Commission are considered recommendations to the Comptroller's office in its use of electronic records and signatures.

Government Code

Chapter 323. Texas Legislative Council

• 323.0145 Electronic Availability of Legislative Information through the Internet
  Allows the Legislative Council to make legislative information available to the public via the Internet.

Chapter 405. Secretary of State

• 405.018 Computer Information
  Authorizes the Secretary of State to establish a system by which computer records of that office are made accessible.

Chapter 441. Libraries and Archives - Subchapter L. Preservation and Management of States Records and Other Historical Resources

• 441.189 Electronic Records
  Allows state records to be created or stored electronically in accordance with Commission rules. Certified output from electronic data shall be accepted as original record unless otherwise barred.

Local Government Code

Chapter 191. General Records Provisions Affecting Counties

• 191.008 Authority to Establish Computerized Electronic Information System
  Gives county commissioners court authority to establish and operate a computerized electronic information system providing access to county and precinct records and records of the district courts and courts of appeals having jurisdiction in the county.
• 191.009 Electronic Filing and Recording
  Allows county clerks to accept electronic filings if such filings comply with rules adopted by the Texas State Library and Archives Commission.

Chapter 195. Electronic Filing of Records with and Recording by County Clerk

Establishes laws governing the electronic filing of records by county governments and gives the responsibility to administer these matters to the Texas State Library and Archives Commission. Sections include:

• 195.001 Definitions
• 195.002 Adoption of Rules
• 195.003 Persons Authorized to File Electronically
• 195.004 Notice of Confirmation
• 195.005 Time Instrument Considered Filed or Recorded
• 195.006 Additional Fee Prohibited
• 195.007 Access to Instrument Recorded Electronically
• 195.008 Electronic Recording Advisory Committee
• 195.009 Filing

Title 6. Records - Subtitle C. Records Provisions Applying to More than One Type of Local Governments
Chapter 205. Electronic Storage of Records

Allows local government to store records in electronic format. Presents requirements and procedures for electronic records. Sections include:

• 205.001 Definitions
• 205.002 Authorization
• 205.003 Standards and Procedures to be Adopted
• 205.004 Rules to be Updated
• 205.005 Supreme Court Rules
• 205.006 Index
• 205.007 Electronic Storage Authorization Requests
• 205.008 Destruction of Source Documents
• 205.009 Denial of Access Prohibited

return to top

Specialized Libraries and Collections - Library Services to Special Populations

Education Code

Chapter 30. State and Regional Programs and Services - Subchapter B. Texas School for the Blind and Visually Impaired

• 30.021 Purpose of Texas School for the Blind and Visually Impaired
  Lists a purpose of school as providing statewide services including providing information relating to library resources.

Chapter 30. State and Regional Programs and Services - Subchapter E. Texas Youth Commission

• 30.102 Allocation [Texas Youth Commission Facilities]
  Governs the salary received by a classroom teacher or full-time librarian employed by the Texas Youth Commission

Chapter 131. Southwest Collegiate Institute for the Deaf

• 131.004 Courses, Programs, and Services
  Directs the center to offer various courses, programs, and services including library-related services.

Government Code

Chapter 441. Libraries and Archives - Subchapter H. Print Access Aids for Persons with Visual Disabilities

Directs the Texas State Library and Archives Commission to place devices in public libraries that will aid those members of the public with visual disabilities. Sections include:

• 441.111 Definitions
• 441.112 Print Access Aids in Public Libraries
• 441.113 Training and Information
• 441.114 Maintenance of Equipment
• 441.115 Relocation
• 441.116 Funding

Chapter 469. Elimination of Architectural Barriers

Establishes the policy of the state to encourage and promote the rehabilitation of persons with disabilities and creates program to eliminate, insofar as possible, unnecessary barriers encountered by persons with disabilities

Chapter 487. Office of Rural Community Affairs

• 487.452 Community Healthcare Awareness and Mentoring Program
  Duties include establishing and maintaining an updated medical resource library.

Human Resources Code

Title 5. Services for the Blind and Visually Handicapped

Chapter 91. Texas Commission for the Blind - Subchapter E. Central Medial Depository

Establishes a central state depository of materials for the blind and visually impaired to allow agencies serving those persons - including the Texas State Library and Archives Commission - to coordinate services. Authorizes the State Library to establish and operate the depository in Austin and to coordinate participation by other agencies. Section include:

• 91.081 Purpose
• 91.082 Establishment of Central Media Depository
• 91.083 Ancillary Services
• 91.084 Funding

Title 8. Rights and Responsibilities of Persons with Disabilities

Chapter 121. Participation in Social and Economic Activities

Chapter establishes the policy of the state to "encourage and enable persons with disabilities to participate fully in the social and economic life of the state". Sections of particular interest include:

• 121.001 State Policy
• 121.0014 Vision Statement
• 121.003 Discrimination Prohibited

return to top

Specialized Libraries and Collections - Prison Libraries (Including Jail Libraries)

Civil Practice and Remedies Code

Chapter 14. Inmate Litigation

Provides for suits brought by an inmate in a district, county, justice of the peace, or small claims court in which an affidavit or unsworn declaration of inability to pay costs is filed by the inmate. [Notes: Section 9 of acts 1995, 74th Leg., ch. 378, sec. 2 provides that Texas Department of Criminal Justice shall post notice of provisions of this act in each law library maintained by the department or under contract with the department in a facility in which persons are housed.]

Chapter 15. Venue

• 15.019 Inmate Litigation
  Provides venue rules for where actions accrued while inmate was housed in Texas Department of Criminal Justice facility should be brought to court. [Notes: Section 9 of acts 1995, 74th Leg., ch. 378, sec. 1 provides that Texas Department of Criminal Justice shall post notice of provisions of this act in each law library maintained by the department or under contract with the department in a facility in which persons are housed.]

Education Code

Chapter 31. Textbooks - Subchapter E. Dispositions of Textbooks

• 31.201 Disposition of Textbooks
  Includes libraries maintained in municipal and county jails in the list of entities that may obtain discontinued textbooks.

Government Code

Title 4. Executive Branch - Subtitle G. Corrections - Chapter 499. Population Management; Special Program - Subchapter E. Unit and System Capacity

• 499.102 Staff Determinations and Recommendations
  Lists items that must still be provided if institution is to increase capacity. One of those items is adequate assistance from persons trained in law or a law library with a collection containing necessary materials.

Local Government Code

Chapter 351. County Jails and Law Enforcement

• 351.0415 Commissary Operation by Sheriff
  Authorizes sheriff to use commissary proceeds to fund a variety of items, including a library, for educational use of county prisoners.

return to top

Specialized Libraries and Collections - Records Management and Preservation

Education Code

Chapter 51. Provisions Generally Applicable to Higher Education - Subchapter Z. Miscellaneous Provisions

• 51.903 Archives; Certified Copies
  Allows local government to lend archival records to institutions of higher education.

Family Code

Chapter 58. Records; Juvenile Justice Information System

• 58.0071 Destruction of Certain Physical Records and Files
  States section does not affect destruction of physical records and files authorized by the Texas State Library Records Retention Schedule.

Finance Code

Chapter 36. Dissolution and Receivership [Pertaining to Banks]

• 36.224 Disposition and Maintenance of Records
  Allows maintenance of records on any medium approved by the Records Management Division of the Texas State Library.
• 36.225 Records Admitted
  States a copy of an original record or another record maintained on a medium approved by the Record Management Division of the Texas State Library has the same effect as the original record.

Chapter 186. Dissolution and Receivership [Pertaining to Trust Companies]

• 186.224 Disposition and Maintenance of Records
  Allows maintenance of records on any medium approved by the Records Management Division of the Texas State Library.
• 186.225 Records Admitted
  States a copy of an original record or another record maintained on a medium approved by the Record Management Division of the Texas State Library has the same effect as the original record.

Government Code

Chapter 51. Clerks - Subchapter C. Clerks of the Courts of Appeals

• 51.204 Records of Court
  Sets up retention and disposition procedures for court records. [Note: Acts 1997, 75th Leg., ch. 873 states that a record that contains highly concentrated, unique, and valuable information unlikely to be found in any other source available to researchers may be transferred to a public or private library or other agency concerned with the preservation of historical documents.]

Title 2, Subtitle F-Appendix - Rules of Judicial Administration

• Rule 12. Public Access to Judicial Records
  Provides for public access to information in the judiciary.

Chapter 403. Comptroller of Public Accounts

• 403.026 Electronic Storage and Maintenance of Records
  Allows the Comptroller to store and maintain electronically a state record or essential record if the method used to store and maintain the record conforms with standards prescribed by the Records Preservation Officer, defined as the Director of the Records Management Division of the Texas State Library.

Chapter 441. Libraries and Archives - Subchapter A. Texas State Library and Archives Commission

• 441.017 Cost Recovery for Records Storage Services
  Sets of procedures for estimating costs and appropriating funds for records storage services provided to state agencies by the commission.

Chapter 441. Libraries and Archives - Subchapter C. Records Division of Texas State Library

• 441.031 Definition
  Contains a definition of the term "state record".

Chapter 441. Libraries and Archives - Subchapter F. Maintenance and Disposition of Certain County Records

Defines the term "county record" and sets rules by which records will be retained and disposed of by county government, including coordination with Texas Library and Archives Commission. Sections include:

• 441.091 Definition
• 441.094 Records Schedule and Implementation Plan
• 441.0945 Disposition of Scheduled Records
• 441.095 Disposition of Unscheduled Records

Chapter 441. Libraries and Archives - Subchapter J. Preservation and Management of Local Government Records

Mandates how local government records will be retained and assigns the Texas State Library and Archives Commission responsibility of overseeing and advising local governments. Allows the commission to establish regional historical resource depositories , regional resource centers, and a Local Government Records Committee. Sections include:

• 441.151 Definitions
• 441.152 Duties and Responsibilities of the Director and Librarian
• 441.153 Regional Historical Resource Depositories
• 441.154 Regional Research Centers
• 441.155 Placement and Removal of Resources
• 441.156 Contracting Authority
• 441.157 Grant-In-Aid Program
• 441.158 Local Government Records Retention Schedules
• 441.159 Prior Retention Periods in County Records Manual
• 441.160 Revisions to Records Retention Schedules
• 441.161 Local Government Records Committee
• 441.162 Composition of the Committee
• 441.163 Appointment of Local Government Records Committee; Compensation
• 441.164 Term; Qualification; Vacancy
• 441.165 Certain Commission Rules
• 441.166 State Agency Rules
• 441.167 Statutory Filing and Review
• 441.168 Microfilming Local Government Records

Related Rules and Regulations:

• Regional Historical Resource Depositories and Regional Research Centers, see 13 TAC 7.1 et seq.

Chapter 441. Libraries and Archives - Subchapter L. Preservation and Management of States Records and Other Historical Resources

Establishes a system for the systematic preservation of and public access to state archival records and the records of state agencies and mandates the Texas State Library and Archives Commission to oversee program. Sections include:

• 441.180 Definitions
• 441.181 State Archives Program
• 441.182 State Records Management Program
• 441.183 Records Management Programs in State Agencies
• 441.184 Records Management Officers
• 441.185 Record Retention Schedules
• 441.186 Archival State Records
• 441.187 Destruction of State Records
• 441.188 Microfilmed State Records
• 441.189 Electronic State Records
• 441.190 Protection, Maintenance, and Storage of State Records
• 441.191 Alienation of State Records Prohibited
• 441.192 Right of Recovery
• 441.193 Custody of State Records and Other Historical Resources
• 441.194 Records of Abolished State Agencies
• 441.195 Contracting Authority
• 441.196 Sale of Copies of State Archives
• 441.197 Sale of Duplicate or Unneeded Material
• 441.198 Agreement with Mexico
• 441.199 Rulemaking Authority
• 441.200 Audit
• 441.201 Records of Office of Governor
• 441.202 Archives of General Land Office
• 441.203 Records Management Interagency Coordinating Council
• 441.204 Records of Office of Lieutenant Governor
• 441.205 Online Access to Cultural Resources

Chapter 441. Libraries and Archives - Subchapter N. Texas Historical Records Advisory Board

Creates board to advise the Texas State Library and archives Commission in matters pertaining to the preservation of historical records. Sections include:

• 441.241 Definitions
• 441.242 Texas Historical Records Advisory Board
• 441.243 Composition of the Board
• 441.244 Terms
• 441.245 Compensation
• 441.246 Vacancy

Chapter 443. State Preservation Board

Authorizes the activities of the State Preservation Board. Includes the following sections which define the relative responsibilities of the State Preservation Board and the Texas State Library and Archives Commission relative to certain preservation activities:

• 443.007 General Powers and Duties of Board
• 443.011 Responsibility for Items
• 443.014 Texans Awarded the Congressional Medal of Honor
• 443.017 Transfer of Certain Historical Items

Chapter 2254. Professional and Consulting Services

• 2254.036 Archives
  Lists the requirements for filing with the Texas State Library of copies of all documents, films, recordings or report compiled by consultant working for state agencies.

Local Government Code

Chapter 113. Management of County Money - Subchapter A. General Provisions

• 113.008 Reconciliation of County Checks and Warrants
  Directs county depository to provided cancelled checks and warrants to county treasurer. Allows optical images of cancelled checks and warrants if retained in accordance with rules adopted by Texas State Library and Archives Commission.

Title 6. Records - Subtitle C. Records Provisions Applying to More than One Type of Local Governments
Chapter 201. General Provisions

Sets forth provisions of Local Government Records Act which prescribes manner in which local governments should maintain local records including what is considered a record, retention periods for records, and the maintenance of records of abolished governments. Sections include:

• 201.001 Short Title
• 201.002 Purpose
• 201.003 Definitions
• 201.004 Record Books
• 201.005 Declaration of Records as Public Property; Access
• 201.006 Records to be Delivered to Successor in Office
• 201.007 Records of Abolished Local Governments
• 201.008 Records of Abolished Offices of County Superintendents
• 201.009 Access to Records

Title 6. Records - Subtitle C. Records Provisions Applying to More than One Type of Local Governments
Chapter 202. Destruction and Alienation of Records

Specifies when and how local governments may dispose of records. Sections include:

• 202.001 Destruction of Records
• 202.002 Litigation and Open Records Requests
• 202.003 Method of Destruction
• 202.004 Alienation of Records
• 202.005 Right of Recovery
• 202.006 Destruction of Nonrecord Material
• 202.007 Personal Liability
• 202.008 Penalty: Destruction or Alienation of Record
• 202.009 Penalty: Possession of Record by Private Entity

Title 6. Records - Subtitle C. Records Provisions Applying to More than One Type of Local Governments
Chapter 203. Management and Preservation of Records - Subchapter A. Elective County Offices

Directs elected county officials in how to maintain the records of their offices. Sections include:

• 203.001 Records Management Officer
• 203.002 Duties and Responsibilities of Elected County Officers
• 203.003 Duties of Commissioners Court
• 203.004 Director and Librarian
• 203.005 Records Management Program to be Established

Title 6. Records - Subtitle C. Records Provisions Applying to More than One Type of Local Governments
Chapter 203. Management and Preservation of Records - Subchapter B. All Other Local Government Offices

Describes methods to be used by local government officials in the maintenance of records. Sections include:

• 203.021 Duties and Responsibilities of Governing Body
• 203.022 Duties and Responsibilities of Custodians
• 203.023 Duties of Records Management Officer
• 203.024 Director and Librarian
• 203.025 Designation of Records Management Officer
• 203.026 Records Management Program to be Established

Title 6. Records - Subtitle C. Records Provisions Applying to More than One Type of Local Governments
Chapter 203. Management and Preservation of Records - Subchapter C. Records Control Schedules

Mandates that local official establish schedules for the maintenance of local records. Describes what shall be included in schedules and directs schedules to be filed with the Texas State Library and Archives Commission. Sections include:

• 203.041 Preparation and Filing of Records Control Schedules
• 203.042 Retention Periods
• 203.043 Filing of Records Control Schedules
• 203.044 Initial Destruction of Obsolete Records
• 203.045 Destruction of Unscheduled Records
• 203.046 Recordkeeping Requirements
• 203.047 New Local Governments
• 203.048 Care of Records of Permanent Value
• 203.049 Transfer of Records of Permanent Value
• 203.050 Inspection of Permanent Records

Title 6. Records - Subtitle C. Records Provisions Applying to More than One Type of Local Governments
Chapter 204. Microfilming of Records

Directs local governments in the microfilming and storage of local records. Sections include:

• 204.001 Definitions
• 204.002 Authorization
• 204.003 Microfilm Produced under Prior Law
• 204.004 Standards and Procedures
• 204.005 Rules to be Updated
• 204.006 Indexing
• 204.007 Destruction of Original Records
• 204.008 Destruction of Permanent Records
• 204.009 Microfilm of Permanent Records to be Supplied
• 204.010 Commercial Microfilm Storage Facilities
• 204.011 Effective as Original Record

Water Code

Chapter 51. Water Control and Improvement Districts - Subchapter P. Dissolution of District

• 51.828 District Considered Dissolved
  Calls for records of a dissolved district to be transferred to the custody of the Texas State Library and Archives

Chapter 58. Irrigation Districts - Subchapter O. Dissolution of District

• 58.828 District Considered Dissolved
  Calls for records of a dissolved district to be transferred to the custody of the Texas State Library and Archives

return to top

Statewide Library Programs - State Library and Archives Commission

Business and Commerce Code

Chapter 322. Uniform Electronic Transactions Act - effective 4/1/2009

• 322.017 Acceptance and Distribution of Electronic Records by Governmental Agencies Directs the Department of Insurance and State Library and Archives Commission to specify rules and procedures for electronic records.
• 322.021 Certain Requirements Considered to be Recommendations States rules and procedures for electronic records set forth by the Department of Insurance and State Library and Archives Commission are considered recommendations to the Comptroller's office in its use of electronic records and signatures.

Education Code

Chapter 33. Service Programs and Extracurricular Activities - Subchapter B. Libraries

• 33.021 Library Standards Directs the State Library and Archives Commission to adopt standards for school library services

Government Code

Chapter 404 State Treasury Operations of Comptroller

• 404.093 Applicability of Subchapter; Exemptions Section of the State Funds Reform Act that provides a specific exemption to funds, grants, donations, and proceeds given in trust to the Texas State Library and Archives Commission for the establishment and maintenance of regional historical resource depositories and libraries.

Chapter 411. Department of Public Safety of the State of Texas - Subchapter F. Criminal History Information

• 411.134 Criminal History Record Information: Texas State Library and Archives Commission Entitles the commission to obtain criminal history record information maintained by the department that relates to a person who is employed in or is an applicant for a security-sensitive position.

Chapter 441. Libraries and Archives - Subchapter A. Texas State Library and Archives Commission

Establishes the Texas State Library and Archives Commission and sets forth the power and duties of the agency, including particular powers and duties of the Commission and of the Director and Librarian. Sections include:

• 441.001 Commission; Members
• 441.0011 Training for Commission Members
• 441.002 Director and Librarian
• 441.003 Employees
• 441.004 Career Ladder; Performance Evaluations
• 441.005 Standards of Conduct; Equal Employment Opportunity
• 441.006 General Powers and Duties
• 441.008 Transfer or Exchange of Books and Documents
• 441.009 State Plan for Library Services and Construction
• 441.0091 Grant Program for Local Libraries
• 441.0092 New Millennium Reading Program Grants
• 441.010 Electronically Searchable Central Grant Database
• 441.013 Reports
• 441.014 Audit
• 441.015 Seal
• 441.016 Building
• 441.017 Cost Recovery for Records Storage Services
• 441.018 Complaints
• 441.019 Use of Technology
• 441.020 Negotiated Rulemaking and Apternative Dispute Resolution Policy

Related rules and regulations:

• Guidelines for system grants, see 13 TAC sec. 1.91 et seq.
• LSTA, State Plan, see 13 TAC sec. 1.21 et seq.

Chapter 441. Libraries and Archives - Subchapter C. Records Division of Texas State Library

• 441.031 Definition Contains a definition of the term "state record".

Chapter 441. Libraries and Archives - Subchapter E. Texas Public Library Endowment Fund

Establishes the Texas Public Library Endowment Fund as a trust fund outside the State Treasury to be administered by the Texas State Library and Archives Commission and designating revenue from the fund to be used to provide aid to Texas public libraries. Sections include:

• 441.071 Texas Public Library Endowment Fund
• 441.072 Investment and Management of Endowment Fund
• 441.073 Texas Public Library Fund
• 441.074 Donations, Appropriations, and Sales
• 441.075 Public Library Fund Grant Program

Chapter 441. Libraries and Archives - Subchapter F. Maintenance and Disposition of Certain County Records

Defines the term "county record" and sets rules by which records will be retained and disposed of by county government, including coordination with Texas Library and Archives Commission. Sections include:

• 441.091 Definition
• 441.094 Records Schedule and Implementation Plan
• 441.0945 Disposition of Scheduled Records
• 441.095 Disposition of Unscheduled Records

Chapter 441. Libraries and Archives - Subchapter G. State Publications

Defines the term "state publications" and sets the duties of state agencies and the Texas State Library in the distribution of state publications. Sections include:

• 441.101 Definitions
• 441.102 Distribution of State Publications
• 441.103 State Agency Duties
• 441.1035 State Publications Distributed in Physcial Format; Notice; Online Availability
• 441.104 Duties of Texas State Library
• 441.105 Exempt Publications
• 441.106 Payment for Printing of State Publications

Related Rules and Regulations:

• State Publications Depository Program, see 13 TAC sec. 3.1 et seq.

Chapter 441. Libraries and Archives - Subchapter H. Print Access Aids for Persons with Visual Disabilities

Directs the Texas State Library and Archives Commission to place devices in public libraries that will aid those members of the public with visual disabilities. Sections include:

• 441.111 Definitions
• 441.112 Print Access Aids in Public Libraries
• 441.113 Training and Information
• 441.114 Maintenance of Equipment
• 441.115 Relocation
• 441.116 Funding

Chapter 441. Libraries and Archives - Subchapter I. Library Systems

Establishes and provides procedures for the Texas Library System, Major Resource Systems, and Regional Library Systems. Sections include:

• 441.121 Short Title
• 441.122 Definitions
• 441.123 Establishment of State Library System
• 441.124 Advisory Board
• 441.125 Plan of Service
• 441.126 Authority to Establish Major Resource Systems
• 441.127 Membership in System
• 441.1271 Extending Membership of Major Resource Systems to Certain Nonpublic Libraries
• 441.128 Operation and Management
• 441.129 Withdrawal from System
• 441.130 Advisory Council
• 441.131 Regional Library System
• 441.132 Major Resource Centers
• 441.133 Area Libraries
• 441.134 Community Libraries
• 441.135 Grants
• 441.136 Rules
• 441.137 Administration
• 441.138 Funding
• 441.1381 Competitive Grants; System Operation Grants
• 441.1382 Additional Funding
• 441.1383 Grants to Aid Local Libraries
• 441.139 Research Fees for For-Profit Entities

Related Rules and Regulations:

• Library Services and Technology Act, see 13 TAC sec. 1.21 et seq.
• System Advisory Council, see 13 TAC sec. 1.111 et seq.
• Accreditation Standards for Major Resource System of Libraries, see 13 TAC sec. 1.41 et seq.
• Public Libraries in State Library System, Minimum Standards for Accreditation, see 13 TAC 1.71 et seq.
• Grants, see 13 TAC sec, 1.91 et seq.

Chapter 441. Libraries and Archives - Subchapter J. Preservation and Management of Local Government Records

Mandates how local government records will be retained and assigns the Texas State Library and Archives Commission responsibility of overseeing and advising local governments. Allows the commission to establish regional historical resourcedepositories , regional resource centers, and a Local Government Records Committee. Sections include:

• 441.151 Definitions
• 441.152 Duties and Responsibilities of the Director and Librarian
• 441.153 Regional Historical Resource Depositories
• 441.154 Regional Research Centers
• 441.155 Placement and Removal of Resources
• 441.156 Contracting Authority
• 441.157 Grant-In-Aid Program
• 441.158 Local Government Records Retention Schedules
• 441.159 Prior Retention Periods in County Records Manual
• 441.160 Revisions to Records Retention Schedules
• 441.161 Local Government Records Committee
• 441.162 Composition of the Committee
• 441.163 Appointment of Local Government Records Committee; Compensation
• 441.164 Term; Qualification; Vacancy
• 441.165 Certain Commission Rules
• 441.166 State Agency Rules
• 441.167 Statutory Filing and Review
• 441.168 Microfilming Local Government Records

Related Rules and Regulations:

• Regional Historical Resource Depositories and Regional Research Centers, see 13 TAC 7.1 et seq.

Chapter 441. Libraries and Archives - Subchapter L. Preservation and Management of States Records and Other Historical Resources

Establishes a system for the systematic preservation of and public access to state archival records and the records of state agencies and mandates the Texas State Library and Archives Commission to oversee program. Sections include:

• 441.180 Definitions
• 441.181 State Archives Program
• 441.182 State Records Management Program
• 441.183 Records Management Programs in State Agencies
• 441.184 Records Management Officers
• 441.185 Record Retention Schedules
• 441.186 Archival State Records
• 441.187 Destruction of State Records
• 441.188 Microfilmed State Records
• 441.189 Electronic State Records
• 441.190 Protection, Maintenance, and Storage of State Records
• 441.191 Alienation of State Records Prohibited
• 441.192 Right of Recovery
• 441.193 Custody of State Records and Other Historical Resources
• 441.194 Records of Abolished State Agencies
• 441.195 Contracting Authority
• 441.196 Sale of Copies of State Archives
• 441.197 Sale of Duplicate or Unneeded Material
• 441.198 Agreement with Mexico
• 441.199 Rulemaking Authority
• 441.200 Audit
• 441.201 Records of Office of Governor
• 441.202 Archives of General Land Office
• 441.203 Records Management Interagency Coordinating Council
• 441.204 Records of Office of Lieutenant Governor
• 441.205 Online Access to Cultural Resources

Chapter 441. Libraries and Archives - Subchapter M. Texshare Library Consortium

Establishes TexShare, a resource-sharing consortium for libraries at institutions of higher education, public libraries, and libraries of nonprofit corporations to be operated by the Texas State Library and Archives Commission. Sections include:

• 441.221 Definition
• 441.222 Creation of Consortium
• 441.223 Findings; Purpose and Methods
• 441.224 Membership; Fees
• 441.225 Administration; Rules
• 441.226 Advisory Board
• 441.227 Role and Scope of Consortium
• 441.228 Acceptance and Use of Gifts or Grants
• 441.229 Group Purchasing Agreements
• 441.230 Grants to Membership Institutions

Chapter 441. Libraries and Archives - Subchapter N. Texas Historical Records Advisory Board

Creates board to advise the Texas State Library and archives Commission in matters pertaining to the preservation of historical records. Sections include:

• 441.241 Definitions
• 441.242 Texas Historical Records Advisory Board
• 441.243 Composition of the Board
• 441.244 Terms
• 441.245 Compensation
• 441.246 Vacancy

Chapter 443. State Preservation Board

Authorizes the activities of the State Preservation Board. Includes the following sections which define the relative responsibilities of the State Preservation Board and the Texas State Library and Archives Commission relative to certain preservation activities:

• 443.007 General Powers and Duties of Board
• 443.011 Responsibility for Items
• 443.014 Texans Awarded the Congressional Medal of Honor
• 443.017 Transfer of Certain Historical Items

Chapter 444. Texas Commission on the Arts

• 444.021 Powers and Duties Directs the Texas Commission on the Arts to provide advise to other agencies, including the Texas State Library and Archives Commission.

Chapter 603. Provision of Documents and Fees of Office

Sets forth laws regarding the provision of copies of documents and the fees than can be charged for those documents; specifically including Texas State Library. Sections of particular interest include:

• 603.002 Copies of Documents Available to the Public
• 603.004 Fees for Certificates or Copies of Documents
• 603.009 Disposition of Fees

Chapter 791. Interlocal Cooperation Contracts

Authorizes and defines the use of contracts between various entities of local government, including counties. Includes library and museum services and records center services in the discussion of allowed services. Authorizes the Texas State Library and Archives Commission to assist in the establishment and design of Regional Records Centers. Sections of particular interest include:

• 791.001 Purpose
• 791.003 Definitions
• 791.029 Contracts for Regional Records Centers

Chapter 2113. Use of Appropriated Money

• 2113.104 Memberships in and Dues for Professional Organizations Exempts state library from section stating administrative head must approve membership in or payment of dues for a professional organization.

Chapter 2155. Purchasing: General Rules and Procedures

• 2155.139 Exemption for Certain Libraries and Health Facilities Allows an exemption to the Commission's purchasing system to higher education libraries or a library or resource-sharing program operated by the Texas State Library and Archives Commission for a variety of library services and materials.

Chapter 2165. State Buildings, Grounds, and Property

• 2165.251 Buildings Allocated to Legislative Use Includes the Lorenzo de Zavala State Library and Archives building among those buildings that can be allocated for legislative use upon written notice.

Human Resources Code

Chapter 91. Texas Commission for the Blind - Subchapter E. Central Media Depository

Establishes a central state depository of materials for the blind and visually impaired to allow agencies serving those persons - including the Texas State Library and Archives Commission - to coordinate services. Authorizes the State Library to establish and operate the depository in Austin and to coordinate participation by other agencies. Sections include:

• 91.081 Purpose
• 91.082 Establishment of Central Media Depository
• 91.083 Ancillary Services
• 91.084 Funding

return to top

Statewide Library Programs - Legislative Reference Library

Government Code

Chapter 324. Legislative Reference Library

Establishes and authorizes operation of the Legislative Reference Library. Individual sections include:

• 324.001 Definitions
• 324.002 Establishment
• 324.004 Legislative Library Board
• 324.005 Director
• 324.006 Personnel
• 324.007 Duties
• 324.008 Disposition of Documents
• 324.009 Gifts and Grants
• 324.010 Copy Costs; Format

Chapter 326. Cooperation Between Legislative Agencies

• 326.001 Definitions
  Includes Legislative Reference Library in list of Legislative Agencies
• 326.002 Provision of Services
  Authorizes legislative agencies to provide services and assistance to one another with or without reimbursement.

Chapter 651. General Provisions

• 651.008 Unconstitutionally Composed Governing Body with Six Year Terms
  Legislative Library is to be informed for the purposes of including current information in the Texas Appointment System Database.

Chapter 2052. State Agency Reports and Publications

• 2052.205 Copies to Library
  Instructs agencies to send five copies of each publication it distributes to the Legislative Reference Library

Chapter 2155. Purchasing: General Rules and Procedures

• 2155.203 Purchases by Legislature and Legislative Agencies
  Allows legislative agencies, including the Legislative Reference Library to use the Texas Building and Procurement Commission's purchasing services.

return to top

Statewide Library Program - Library Financing

Education Code

Chapters 70 - 74 Various Units of the University of Texas System

Following sections permit board to accept grants and gifts including libraries from a variety of public and private sources. Sections include:

• Chapter 70. University of Texas at Dallas. 70.07 Grants and Gifts
• Chapter 71. University of Texas at San Antonio. 71.06 Board may Accept Grants and Gifts
• Chapter 72. University of Texas at Permian Basin. 72.05 Board may Accept Grants and Gifts
• Chapter 73. University of Texas at Houston. Subchapter B. The University of Texas Medical School at Houston.73.056 Gifts and Grants

Chapter 74. Other Medical, Dental, and Nursing Units of the University of Texas System.

• Subchapter C. The University of Texas Southwestern Medical Center at Dallas. 74.103 Gifts and Grants
• Subchapter D. The University of Texas Medical School at San Antonio. 74.153 Gifts and Grants
• Subchapter E. Medical School to be Established and Located by Board of Regents. 74.204 Gifts and Grants
• Subchapter G. The University of Texas (Clinical) Nursing School at San Antonio. 74.305 Gifts and Grants
• Subchapter H. The University of Texas Undergraduate Nursing School at El Paso. 74.355 Gifts and Grants
• Subchapter J. Podiatry School to be Established and Located. 74.504 Gifts and Grants

Government Code

Chapter 441. Libraries and Archives - Subchapter A. Texas State Library and Archives Commission

• 441.009 State Plan for Library Services and Construction Gives Commission authority to adopt a state plan for improving services and constructing county, municipal and other public libraries.
• 441.0091 Grant Program for Local Libraries Gives Commission authority to provide grants to meet needs of residents of state and local libraries not adequately addressed elsewhere.
• 441.0092 New Millennium Reading Program Authorizes Commission to make grants from New Millennium Reading Program to fund programs to promote reading provided by public libraries.

Related Rules and Regulations:

• LSTA, State Plan, see 13 TAC 1.21 et seq.

Chapter 441. Libraries and Archives - Subchapter E. Texas Public Library Endowment Fund

Establishes the Texas Public Library Endowment Fund as a trust fund outside the State Treasury to be administered by the Texas State Library and Archives Commission and designating revenue from the fund to be used to provide aid to Texas public libraries. Sections include:

• 441.071 Texas Public Library Endowment Fund
• 441.072 Investment and Management of Endowment Fund
• 441.072 Texas Public Library Fund
• 441.074 Donations, Appropriations, and Sales
• 441.075 Public Library Fund Grant Program

Chapter 441. Libraries and Archives - Subchapter I. Library Systems

Following sections set up grant program provided under the Library Systems Act:

• 441.135 Grants
• 441.136 Rules
• 441.137 Administration
• 441.138 Funding
• 441.1381 Competitive Grants; System Operation Grants
• 441.1382 Additional Funding
• 441.1383 Grants to Aid Local Libraries

Chapter 441. Libraries and Archives - Subchapter M. Texshare Library Consortium

Following sections address grants in the TexShare program:

• 441.228 Acceptance and Use of Gifts or Grants
• 441.230 Grants to Membership Institutions

return to top

Statewide Library Programs - Library Systems

Government Code

Chapter 441. Libraries and Archives - Subchapter I. Library Systems

Establishes and provides procedures for the Texas Library System, Major Resource Systems, and Regional Library Systems. Sections include:

• 441.121 Short Title
• 441.122 Definitions
• 441.123 Establishment of State Library System
• 441.124 Advisory Board
• 441.125 Plan of Service
• 441.126 Authority to Establish Major Resource Systems
• 441.127 Membership in System
• 441.1271 Extending Membership of Major Resource Systems to Certain Nonpublic Libraries
• 441.128 Operation and Management
• 441.129 Withdrawal from System
• 441.130 Advisory Council
• 441.131 Regional Library System
• 441.132 Major Resource Centers
• 441.133 Area Libraries
• 441.134 Community Libraries
• 441.135 Grants
• 441.136 Rules
• 441.137 Administration
• 441.138 Funding
• 441.1381 Competitive Grants; System Operation Grants
• 441.1382 Additional Funding
• 441.1383 Grants to Aid Local Libraries
• 441.139 Research Fees for For-Profit Entities

Related Rules and Regulations:

• Library Services and Technology Act, see 13 TAC sec 1.21 et seq.
• System Advisory Council, see 13 TAC sec. 1.111 et seq.
• Accreditation Standards for Major Resource System of Libraries, see 13 TAC sec. 1.41 et seq.
• Public libraries in state library system, minimum standards for accreditation, see 13 TAC 1.71 et seq.
• Grants, see 13 TAC sec, 1.91 et seq.

return to top

Statewide Library Programs - State Agency Libraries/ Cooperation with State Agencies

Government Code

Chapter 323. Texas Legislative Council

• 323.012 Assistance from Other Agencies
  Authorizes the Legislative Council to seek assistance from all state agencies including the Texas State Library.

Chapter 411. Department of Public Safety of the State of Texas - Subchapter J. Department of Public Safety Historical Museum and Research Center

• 411.283 Personnel
  Authorizes the Director to appoint personnel, including a librarian, to administer the museum

Chapter 441. Libraries and Archives - Subchapter G. State Publications

Defines the term "state publications" and sets the duties of state agencies and the Texas State Library in the distribution of state publications. Sections include:

• 441.101 Definitions
• 441.102 Distribution of State Publications
• 441.103 State Agency Duties
• 441.1035 State Publications distributed in Physical Format; Notice; Online Availability
• 441.104 Duties of Texas State Library
• 441.105 Exempt Publications
• 441.106 Payment for Printing of State Publications

Related Rules and Regulations:

• State Publications Depository Program, see 13 TAC sec. 3.1 et seq.

Chapter 441. Libraries and Archives - Subchapter L. Preservation and Management of States Records and Other Historical Resources

Establishes a system for the systematic preservation of and public access to state archival records and the records of state agencies and mandates the Texas State Library and Archives Commission to oversee program. Sections include:

• 441.180 Definitions
• 441.181 State Archives Program
• 441.182 State Records Management Program
• 441.183 Records Management Programs in State Agencies
• 441.184 Records Management Officers
• 441.185 Record Retention Schedules
• 441.186 Archival State Records
• 441.187 Destruction of State Records
• 441.188 Microfilmed State Records
• 441.189 Electronic State Records
• 441.190 Protection, Maintenance, and Storage of State Records
• 441.191 Alienation of State Records Prohibited
• 441.192 Right of Recovery
• 441.193 Custody of State Records and Other Historical Resources
• 441.194 Records of Abolished State Agencies
• 441.195 Contracting Authority
• 441.196 Sale of Copies of State Archives
• 441.197 Sale of Duplicate or Unneeded Material
• 441.198 Agreement with Mexico
• 441.199 Rulemaking Authority
• 441.200 Audit
• 441.201 Records of Office of Governor
• 441.202 Archives of General Land Office
• 441.203 Records Management Interagency Coordinating Council
• 441.204 Records of Office of Lieutenant Governor
• 441.205 Online Access to Cultural Resources

Chapter 443. State Preservation Board

Authorizes the activities of the State Preservation Board. Includes the following sections which define the relative responsibilities of the State Preservation Board and the Texas State Library and Archives Commission relative to certain preservation activities:

• 443.007 General Powers and Duties of Board
• 443.011 Responsibility for Items
• 443.014 Texans Awarded the Congressional Medal of Honor
• 443.017 Transfer of Certain Historical Items

Chapter 444. Texas Commission on the Arts

• 444.021 General Duties
  Directs the Texas Commission on the Arts to provide advise to other agencies, including the Texas State Library and Archives Commission.

Chapter 2165. State Buildings, Grounds, and Property

• 2165.104 Space Use Study; Limitation on Allocation of Space
  Exempts library space from the allocation of 153 square feet per agency employee for each agency site.

Insurance Code

Chapter 981. Surplus Lines Insurance - Subchapter D. Surplus Lines Stamping Office.

• 981.159 Exemption from Library and Archives Law
  Exempts Surplus Lines Stamping Office of Texas from Chapter 441, Government Code

Water Code

Chapter 10. Water Conservation Advisory Council

• 10.010 Powers and Duties of Council
  Directs the Council to develop and implement a state water management resource library

return to top

Statewide Library Programs - State Law Library

Government Code

Chapter 91. State Law Library

Establishes and authorizes operation of the State Law Library. Individual sections include:

• 91.001 Definitions
• 91.002 Library Operations
• 91.003 Board; Administration
• 91.004 Compensation
• 91.005 Personnel
• 91.006 Transfer of Library Materials
• 91.007 Rules
• 91.009 Donations
• 91.011 Library Service Fees

return to top

Statewide Library Programs - TexShare

Government Code

Chapter 441. Libraries and Archives - Subchapter M. Texshare Library Consortium

Establishes TexShare, a resource-sharing consortium for libraries at institutions of higher education, public libraries, and libraries of nonprofit corporations to be operated by the Texas State Library and Archives Commission. Sections include:

• 441.221 Definition
• 441.222 Creation of Consortium
• 441.223 Findings; Purpose and Methods
• 441.224 Membership; Fees
• 441.225 Administration; Rules
• 441.226 Advisory Board
• 441.227 Role and Scope of Consortium
• 441.228 Acceptance and Use of Gifts or Grants
• 441.229 Group Purchasing Agreements
• 441.230 Grants to Membership Institutions

Chapter 2155. Purchasing: General Rules and Procedures

• 2155.139 Exemption for Certain Libraries and Health Facilities
  Allows an exemption to the Commission's purchasing system to higher education libraries or a library or resource-sharing program operated by the Texas State Library and Archives Commission for a variety of library services and materials.

return to top