Rules for Administering the Library Systems Act
Texas Administrative Code (TAC)
TITLE 13 - CULTURAL RESOURCES
PART I. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CHAPTER 1. LIBRARY DEVELOPMENT LIBRARY SYSTEMS ACT
Adopted by the Texas State Library and Archives Commission
STANDARDS FOR ACCREDITATION OF A MAJOR RESOURCE SYSTEM OF
LIBRARIES IN THE TEXAS LIBRARY SYSTEM
- 1.41 Geographical Area of System.
- 1.42 Boundaries of System.
- 1.43 Long-Range Plan of System Services.
- 1.44 Annual Program and Budget for System Services.
- 1.45 Reestablishment of a Regional System.
- 1.46 Interlibrary Loan and Reference Referral Services.
- 1.47 Consulting and Continuing Education Services.
- 1.48 Criteria for Major Resource Centers.
- 1.53 Direct Grants-In-Aid: Prohibition.
- 1.54 Equalization Grants: Prohibition.
- 1.61 System Bylaws.
- 1.63 Proposal Requirements.
- 1.64 Cash Reserves: Regional Library Systems.
- 1.67 Federal Priorities.
MINIMUM STANDARDS FOR ACCREDITATION
OF PUBLIC LIBRARIES IN THE STATE LIBRARY SYSTEM
- 1.71 Definition of Population Served.
- 1.72 Public Library Service.
- 1.73 Public Library: Legal Establishment.
- 1.74 Local Operating Expenditures.
- 1.75 Public Library: Nondiscrimination.
Download Assurance of Compliance - Nondiscrimination
Form (.doc; download free
viewer)
- 1.77 Per Capita Support: Local Sources.
- 1.79 Provisional Accreditation of Library.
- 1.80 Probational Accreditation of Library.
- 1.81 Quantitative Standards for Accreditation of
Library.
- 1.82 Accreditation Based on Current Operating Budget.
- 1.83 Other Requirements.
- 1.84 Professional Librarian.
- 1.85 Annual Report.
- 1.86 Standards for Accreditation of Libraries Operated
by Public School Districts, Institutions of Higher Education, or Units of
State and Local Government.
GRANTS: SYSTEM OPERATION, INCENTIVE, ESTABLISHMENT, AND
EQUALIZATION
- 1.91 System Operation Grants.
- 1.92 Incentive Grants.
- 1.94 Unserved County: Definition.
- 1.96 System Operation Grant: Formula.
SYSTEM ADVISORY COUNCIL
- 1.111 Advisory Council.
- 1.112 Advisory Council Election.
- 1.113 Advisory Council Terms of Office.
- 1.114 Advisory Council Officers.
- 1.115 Geographical Representation.
- 1.116 Council Officers, Not Reappointed as Library
Representative.
- 1.117 Advisory Council Vacancies.
- 1.118 Federated County and Multicounty Representation.
- 1.119 Council Review and Approval Process.
- 1.120 Disqualification of Council Members.
- 1.123 Voting By Member Library Representatives.
PART I. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CHAPTER 2. GENERAL POLICIES AND PROCEDURES
PRINCIPLES AND PROCEDURES OF THE COMMISSION
- 2.53 Service Complaints.
- 2.55 Protest Procedure.
Summary of Criteria for Membership in the Texas
State Library System
Requirements for Certification as a County
Librarian
PART I. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CHAPTER 1. LIBRARY DEVELOPMENT LIBRARY SYSTEMS ACT
STANDARDS FOR ACCREDITATION OF A MAJOR RESOURCE SYSTEM OF
LIBRARIES IN THE TEXAS LIBRARY SYSTEM
§1.41 Geographical Area of System
A major resource system or regional library system shall
serve a population of 200,000 or more within 4,000 or more square miles including
contiguous whole counties.
[Adopted September 1, 1977, 2 TexReg 1923; Amended
April 30, 1985, 10 TexReg 1227]
§1.42 Boundaries of System
External boundaries of a major resource system or regional library system
shall be coterminous with the boundaries of councils of government, unless
permission to vary is granted by the governor's office at the request of
the state librarian. The state shall be organized into 10 regions as follows:
(1) Big Country Library System (32 counties): Brown, Callahan,
Coke, Coleman, Comanche, Concho, Crockett, Eastland, Fisher, Haskell, Irion,
Jones, Kent, Kimble, Knox, Mason, McCulloch, Menard, Mitchell, Nolan, Reagan,
Runnels, Schleicher, Scurry, Shackelford, Stephens, Sterling, Stonewall,
Sutton, Taylor, Throckmorton, Tom Green.
(2) Texas Panhandle Library System (26 counties): Armstrong,
Briscoe, Carson, Castro, Childress, Collingsworth, Dallam, Deaf Smith, Donley,
Gray, Hall, Hansford, Hartley, Hemphill, Hutchinson, Lipscomb, Moore, Ochiltree,
Oldham, Parmer, Potter, Randall, Roberts, Sherman, Swisher, Wheeler.
(3) Central Texas Library System (30 counties): Bastrop,
Bell, Blanco, Bosque, Brazos, Burleson, Burnet, Caldwell, Coryell, Falls,
Fayette, Freestone, Grimes, Hamilton, Hays, Hill, Lampasas, Lee, Leon, Limestone,
Llano, Madison, McLennan, Milam, Mills, Robertson, San Saba, Travis, Washington,
Williamson.
(4) South Texas Library System (26 counties): Aransas,
Bee, Brooks, Calhoun, Cameron, De Witt, Duval, Goliad, Gonzales, Hidalgo,
Jackson, Jim Hogg, Jim Wells, Kenedy, Kleberg, Lavaca, Live Oak, McMullen,
Nueces, Refugio, San Patricio, Starr, Victoria, Webb, Willacy, Zapata.
(5) Northeast Texas Library System (33 counties): Anderson,
Bowie, Camp, Cass, Cherokee, Collin, Cooke, Dallas, Delta, Ellis, Fannin,
Franklin, Grayson, Gregg, Harrison, Henderson, Hopkins, Hunt, Kaufman, Lamar,
Marion, Morris, Navarro, Panola, Rains, Red River, Rockwall, Rusk, Smith,
Titus, Upshur, Van Zandt, Wood.
(6) Texas Trans-Pecos Library System (9 counties): Brewster,
Culberson, El Paso, Hudspeth, Jeff Davis, Pecos, Presidio, Reeves, Terrell.
(7) North Texas Library System (20 counties): Archer, Baylor,
Clay, Cottle, Denton, Erath, Foard, Hardeman, Hood, Jack, Johnson, Montague,
Palo Pinto, Parker, Somervell, Tarrant, Wichita, Wilbarger, Wise, Young.
(8) Houston Area Library System (28 counties): Angelina,
Austin, Brazoria, Chambers, Colorado, Fort Bend, Galveston, Hardin, Harris,
Houston, Jasper, Jefferson, Liberty, Matagorda, Montgomery, Nacogdoches,
Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity,
Tyler, Walker, Waller, Wharton.
(9) West Texas Library System (29 counties): Andrews, Bailey,
Borden, Cochran, Crane, Crosby, Dawson, Dickens, Ector, Floyd, Gaines, Garza,
Glasscock, Hale, Hockley, Howard, King, Lamb, Loving, Lubbock, Lynn, Martin,
Midland, Motley, Terry, Upton, Ward, Winkler, Yoakum.
(10) San Antonio Area Library System (21 counties): Atascosa,
Bandera, Bexar, Comal, Dimmit, Edwards, Frio, Gillespie, Guadalupe, Karnes,
Kendall, Kerr, Kinney, La Salle, Maverick, Medina, Real, Uvalde, Val Verde,
Wilson, Zavala.
[Adopted September 1, 1977, 2 TexReg 1923; Amended April 30, 1977,
10 TexReg 1227; Amended August 23, 1990, 15 TexReg 4577]
§1.43 Long-Range Plan of System
Services (Biennial Budget)
On behalf of a major resource system or regional library
system, a plan for system services shall be biennially revised, updated, and
submitted to the state librarian by the major resource center, nonprofit corporation,
or business. Data determining the adequacy of library services, methods to
evaluate the effectiveness of system programs, and documentation indicating
full membership participation in the planning process shall be included.
[Adopted January 19, 1984, 9 TexReg 178; Amended April
30, 1985, 10 Tex Reg 1227]
§1.44 Annual Program and Budget
for System Services
On behalf of a major resource system or regional library
system, a major resource center, nonprofit corporation, or business shall
submit an annual program and budget for system services 150 days prior to
the beginning of the state fiscal year for approval by the state librarian.
Approval of a major resource system's or regional library system's annual
program and budget shall be certified by the state librarian in writing 60
days prior to the beginning of the state fiscal year. If, following consultation
with the major resource system or regional library system, the state librarian,
on behalf of the Texas State Library and Archives Commission, does not certify
approval of the system's annual program of services and budget, the state
librarian may recommend that the commission not contract with the major resource
center, nonprofit corporation, or business until the plan is acceptably redrawn.
If the state librarian does not accept a proposed program of service from
a major resource center, nonprofit corporation, or business, a public hearing
shall be held within the boundaries of the system, with adequate prior notification
to member librarians, to allow exchange of information among member libraries,
the state library, and major resource center, nonprofit corporation, or business.
[Adopted September 1, 1977; 2 TexReg 1923; Amended
December 15, 1980, 5 TexReg 4787; Amended April 30, 1985, 10 TexReg 1227]
§1.45 Reestablishment of System
Services
The commission may, following a public hearing, contract
with a major resource center, nonprofit corporation, or business. If necessary,
the commission will provide an opportunity for public libraries to rejoin
a major resource system or regional library system by resolution or ordinance
of their governing authorities; or the commission may transfer the public
libraries to other systems and provide an opportunity for the public libraries
to join another system by resolution or ordinance.
[Adopted September 1, 1977, 2 TexReg 1923; Amended
April 30, 1985, 10 TexReg 1227]
§1.46 Interlibrary Loan and Reference
Referral Services
On behalf of the major resource system, a major resource
center shall fully participate in the state library system by providing interlibrary
loan and reference referral services to public libraries and other libraries
served through the state library system. This requirement for accreditation
of a major resource system may be waived at the discretion of the state librarian
with the approval of the commission. Should libraries receiving interlibrary
loan services experience dissatisfaction with the performance of the interlibrary
loan contractor, they have the right and obligation to advise the commission
during the period of the contract. This will be taken into consideration when
the contract is being negotiated for renewal.
[Adopted September 1, 1977, 2 TexReg 1923]
§1.47 Consulting and Continuing
Education Services
A major resource or regional library system shall provide
on-site consulting and continuing education services to libraries and unserved
areas in its region to meet commission or federal goals.
[Adopted September 1, 1977, 2 TexReg 1923; Amended
December 15, 1980, 5 TexReg 4787; Amended May 1, 1981, 6 TexReg 1438; Amended
February 15, 1982, 6 TexReg 1438; Amended April 29, 1985, 10 TexReg 1227;
Amended June 29, 2007, 32 TexReg 3982]
§1.48 Criteria for Major Resource
Centers
(a) The commission shall designate a large public library to serve as the
major resource center for an area of 4,000 or more square miles. To be designated
as the major resource center, the library must:
(1) have and annually maintain its accreditation as a member
of the library system;
(2) employ a full time professional librarian as the library
director of the major resource center;
(3) employ a staff of professional librarians equal to
or exceeding twice the number of professional librarians employed by the
system operation grant;
(4) have annual total local expenditures equal to or exceeding
twice the system operation grant amount.
(b) The library must provide the commission with an ordinance or resolution
of its governing body accepting the designation as a major resource center
and stating the type of service to be given and the area to be served.
[Adopted October 8, 2004, 29 TexReg 9531]
§1.49 thru 1.52 [Reserved]
§1.53 Direct Grants-in-Aid: Prohibition
Direct grants-in-aid to major resource system or regional
library system member libraries are prohibited. Grants-in-aid are defined
as cash grants for library materials or other expenses in which the major
benefit is to the receiving library as opposed to the major resource system
of libraries. Programs requiring direct grants to member libraries as reimbursement
for providing system services are an allowable expense.
[Adopted September 1, 1977, 2 TexReg 1293; Amended
April 30, 1985, 10 TexReg 1227]
§1.54 Equalization Grants
Prohibition Equalization grants to major resource system
or regional library system member libraries are not an allowable system expense.
[Adopted September 1, 1977, 2 TexReg 1293; Amended
April 30, 1985, 10 TexReg 1227]
§1.55 thru 1.60 [Reserved]
§1.61 System Bylaws
Consistent with the established rules and regulations of
the state library system and the Library Systems Act, on behalf of a major
resource system, a major resource center shall provide a copy of system bylaws
approved by the system advisory council, the major resource center, and a
majority of the member libraries to the state librarian for approval as a
part of the annual program of system service. The bylaws shall specify the
purposes of the library system, responsibilities and relationships of the
member libraries, the system advisory council, and the major resource center
with regard to review and approval of long range plans, annual programs and
budgets, program and budget changes, election of advisory council members,
procedures to call and conduct membership and council meetings, employment
and dismissal of system staff, and such other matters as are deemed appropriate.
The bylaws will also delineate the responsibilities and duties of the officers
of the system advisory council, the major resource center director, the system
coordinator, and any standing committees of member librarians established
in the annual program of service.
[Adopted September 1, 1977, 2 TexReg 1923]
§1.63 Proposal Requirements: Fiscal
and Administrative Responsibility
(a) A nonprofit corporation organized under the Library Systems Act, §441.131,
seeking to contract with the Texas State Library and Archives Commission
as a regional library system must demonstrate fiscal and administrative responsibility
as determined annually by the state library from the following information
submitted by the nonprofit corporation:
(1) articles of incorporation with the Office of the Secretary
of State;
(2) bylaws adopted by the board of directors and approved
by the membership;
(3) policies and procedures of the corporation on financial
management, personnel, and procurement as adopted by the board of directors;
(4) long-range plan (biennial budget) (see §1.43 of
this title (relating to Long-Range Plan of System Services));
(5) annual program and budget (see §1.44 of this title
(relating to Annual Program and Budget for System Services));
(6) documentation of tax status with appropriate authorities;
and
(7) detailed business plan, including cash flow analysis,
cash flow management plan, verification of cash reserves and lines of credit,
risk analysis, risk management plan, verification of specified insurance
coverage, and a plan providing for the annual accumulation of cash reserves
as described in §1.64 of this title (relating to Cash Reserves: Regional
Library System) such that the reserve shall be fully funded by the date of
submission of the sixth annual program of service submitted under the terms
of this rule.
(b) A nonprofit corporation organized under subsection (a) of this section,
seeking to contract with a third party private business to administer the
system (when the contract exceeds $100,000, or 20 percent of the system operation
grant, whichever is less) must demonstrate fiscal and administrative responsibility
as determined annually by the state library from the following information
submitted by the nonprofit corporation and private business, in addition
to the information submitted under subsection (a) of this section:
(1) contracts between the business and the nonprofit corporation;
(2) performance deposit in the form of an assignment of
a savings account, a bank letter of credit, a continuous bond, a U.S. treasury
bond readily convertible to cash, or any cash equivalent item, the amount
to be not less than 10% of the proposed contract;
(3) certificate of good standing from the Comptroller of
Public Accounts;
(4) tax returns of the business for the last three years;
(5) audited financial statements of the business for the
last three years, and;
(6) detailed business plan, including cash flow analysis,
cash flow management plan, verification of lines of credit, risk analysis,
risk management plan, and verification of specified insurance coverage.
(c) A business (sole proprietorship, partnership, or corporation) seeking
to contract with the Texas State Library and Archives Commission to administer
services to a regional library system must demonstrate fiscal and administrative
responsibility annually as determined by the state library from the following
information submitted by the business:
(1) contracts between the business and two-thirds of the
governing bodies of the member libraries;
(2) performance deposit in the form of an assignment of
a savings account, a bank letter of credit, a continuous bond, a U.S. treasury
bond readily convertible to cash, or any cash equivalent item, the amount
to be not less than 10% of the proposed contract;
(3) certificate of good standing from the Comptroller of
Public Accounts;
(4) tax returns of the business for the last three years;
(5) audited financial statements of the business for the
last three years;
(6) long-range plan (biennial budget) (see §1.43 of
this title (relating to Long-Range Plan of System Services));
(7) annual program and budget (see §1.44 of this title
(relating to Annual Program and Budget for System Services)); and
(8) detailed business plan, including cash flow analysis,
cash flow management plan, verification of lines of cash reserves and credit,
risk analysis, risk management plan, and verification of specified insurance
coverage.
(d) Grants or contracts to regional library systems or other nonprofit
corporations shall be administered by the State Library and Archives Commission
according to the Uniform Grant and Contract Management Act (Government Code,
Chapter 783) and the rules for administering this act (1 TAC §5.141
et seq.), unless federal statute or policy supersedes them.
[Adopted April 30, 1985, 10 TexReg 1227; Amended March 24, 1993, 18
TexReg 1679; Amended July 17, 1997, 22 TexReg 6429; Amended October 8, 2004,
29 TexReg 9532]
§1.64 Cash Reserves: Regional Library
Systems
(a) A nonprofit corporation or business shall maintain cash reserves, not
to include the performance deposit in §1.63 of this title (relating
to Proposal Requirements), totaling both:
(1) an amount not less than 15% of all the ongoing operating
costs (administrative, personnel and fringe benefits) in the proposed annual
contract, to be used to satisfy obligations and maintain operations in the
event of an interruption in cash flow; and
(2) an amount not less than 5.0% of the proposed total
annual contract, less the ongoing operating costs, to be used to satisfy
debts or other costs which cannot be paid with grant funds; these funds must
be from sources other than a system operations grant.
(b) Regional library systems shall have five years to accumulate this cash
reserve. For the purpose of this rule, the years will be considered to begin
on the date the annual program of service for the subsequent fiscal year
is due at the Texas State Library. For regional library systems in existence
at the time the rule is adopted, the five-year period will begin with the
submission of the next annual program of service after the adoption of the
rule. For all others, the five year period will begin with the submission
of the first program of service by the regional library system.
(c) The regional library system shall accumulate the cash reserve according
to the following schedule:
(1) With the submission of the annual program of service
for year one, the regional library system must submit a plan for accumulating
the cash reserve to accompany the annual program of service.
(2) With the submission of the annual program of service
for year two, the regional library system must demonstrate it has already
accumulated at least 20% of the total cash reserve required by this rule.
(3) With the submission of the annual program of service
for year three, the regional library system must demonstrate it has already
accumulated at least 40% of the total cash reserve required by this rule.
(4) With the submission of the annual program of service
for year four, the regional library system must demonstrate it has already
accumulated at least 60% of the total cash reserve required by this rule.
(5) With the submission of the annual program of service
for year five, the regional library system must demonstrate it has already
accumulated at least 80% of the total cash reserve required by this rule.
(6) With the submission of the annual program of service
for every year thereafter, the regional library system must demonstrate the
cash reserve account required by this rule is fully funded.
[Adopted July 17, 1997, 22TexReg 6429]
§1.65 Directors and Officers of
Regional Library Systems
A nonprofit corporation shall not establish a charter or
adopt bylaws that permit member library directors or member library staff
to serve on the board of directors. Nor shall member library directors or
member library staff serve as officers or directors of a for-profit corporation
or as general or limited partners of a partnership; nor shall the commission
contract with a sole proprietorship owned by a member library director or
member library staff.
[Adopted April 30, 1985, 10 TexReg 1227]
§1.66 [Reserved]
§1.67 Federal Priorities
When the Texas Library System is funded in whole or in part
by federal funds, major resource or regional library systems shall include
in their long-range plan and annual program of services and budget projects
which specifically address the federal priorities, as determined by the Commission.
[Adopted April 30, 1985, 10 TexReg 1227; Amended March
10, 1999, 24TexReg 1612; Amended June 29, 2007, 32 TexReg 3982]
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MINIMUM STANDARDS FOR ACCREDITATION OF PUBLIC LIBRARIES
IN THE STATE LIBRARY SYSTEM
§1.71 Definition of Population Served
For a city, nonprofit corporation, and/or county-established library receiving
public monies for public library service, the population served by a public
library is the population in the most recent decennial census or official
population estimate of the United States Department of Commerce, Bureau of
the Census, if available. If a library does not report receiving public monies
for public library service, that library will be assigned no population.
Calculations will be based upon the following.
(1) In counties with one or more public libraries that
receive only city and private funds, each library is credited with serving
the population of the city or cities from which it receives funds or with
which it has a contract.
(2) In counties with only one public library and that library
receives county funds, the library is credited with serving the entire county
population.
(3) In counties with more than one public library that
receives both city and county funds, the libraries that receive city and
county funds are credited with serving their city population plus a percentage
of the population living outside the cities. This percentage is the ratio
of each city's population to the total of all the populations of cities with
public libraries within the county.
(4) In counties with a library established by the county
commissioners court and that receives no city funds or an incorporated library
that receives no city funds, and one or more city libraries that receive
county funds, the city libraries that receive county and city funds are credited
with serving their city populations plus a percentage of the county population
living outside the cities. The percentage is the ratio of each city's population
to the county population. The county library or incorporated library that
receives county funds and no city funds serves all county residents not served
by a city library.
(5) In counties with one library that receives county funds
and one or more public libraries that do not receive county funds, the library
that receives county funds is credited with serving the county population
less the populations of cities with public libraries.
(6) In counties with more than one library that receives
county funds and no city funds, the county population living outside cities
with public libraries will be prorated among the libraries in the same ratio
as the county funds are expended.
(7) When school districts contract with one or more nonprofit
corporations, cities, or counties for public library services as part of
their students' educational program, the State Library will estimate the
total population living within the school district.
(8) Libraries that enter into agreements or contracts with
counties, cities, or school districts to provide public library services
will be assigned population under this section whether or not there is an
exchange of funds.
(9) In libraries where the population of a federal or state
eleemosynary or correctional institution or military installation exceeds
10% of the entire population of the area served by a public library, the
residential or base population may be subtracted from the population served
by that library if these persons are served by an institutional or base library.
If the institution or military installation does not have a library that
provides general library services, the population will not be subtracted.
(10) When a library believes that the acceptance of county
funding would result in the assignment of an unrealistic population figure,
it may request in writing that the Library Systems Act Advisory Board approve
an exception to the population served methodology. The board will use its
discretion to devise a method by which data from the Bureau of the Census
will be used to calculate the assignment of population served.
[Adopted September 1, 1977, 2 TexReg 1925; Amended September 1, 1979,
4 TexReg 2675; Amended March 26, 1980, 5 TexReg 906; Amended December 9,
1980, 5 TexReg 4766; Amended July 22, 1983, 8 TexReg 2607; Amended April
30, 1985, 10 TexReg 1228; Amended July 20, 1987, 12 TexReg 2178; Amended
August 4, 1988, 13 TexReg 3633; Amended November 2, 2007, 32 TexReg 7930]
§1.72 Public Library Service
(a) Library services must be provided without charge or
deposit to all persons residing in the local political subdivisions which
provide monetary support to the library. These library services include the
dissemination of materials or information by the library to the general public
during the hours of operations of all library facilities. In this context,
library services include the circulation of any type of materials, reference
services (locating and interpreting information), use of computers to access
information sources, databases, or other similar services, and admissions
to the facility or any programs sponsored or conducted by the library.
(b) The following charges are permitted at the discretion
of the library's governing authority: reserving library materials; use of
meeting rooms; replacement of lost borrower cards; fines for overdue, lost,
or damaged materials in accordance with local library policies; postage; in-depth
reference services on a contractual basis; photocopying; printing; telefacsimile
services; library parking; service to nonresidents; sale of publications;
rental and deposits on equipment; and charges for the use of materials and
machine-readable data bases not owned by the library, major resource center,
or regional library system for which the vendor or supplier has charged a
borrowing fee.
(c) Fees may not be charged for library services on the
library premises by individuals or organizations other than the library unless
the charges are permitted by subsection (b) of this section.
(d) As permitted by §1.73 of this subchapter, relating
to Public Library: Legal Establishment, non profit corporations may enter
into a contract with a school district to provide library services to the
general public residing in the district. This public library service must
be in addition to that provided to school students, faculty, and staff. Public
library services must be provided at least the required number of hours all
weeks of the year, except those weeks with national or state holidays. The
number of hours is specified in §1.81 of this subchapter, relating to
Quantitative Standards for Accreditation of Library.
[Amended April 30, 1985, 10 TexReg 1228; Amended March
26, 1980, 5 TexReg 906; Amended January 19, 1984, 9 TexReg 178; Amended August
23, 1990, 15 TexReg 4577; Amended December 16, 1991, 16 TexReg 7010; Amended
November 2, 2007, 32 TexReg 7930]
§1.73 Public Library: Legal Establishment
A public library must be established to render general library
services . The library must be established as:
(1) a department of a city or county government by charter,
resolution, or ordinance; or by contract as provided for in the Government
Code, Chapter 791; or
(2) a library district established under the provisions
of Local Government Code, Chapter 326, Library Districts; or
(3) a library district established under the provisions
of Local Government Code, Chapter 336, Multi-Jurisdictional Library Districts;
or
(4) a non profit corporation chartered by the Office of
the Secretary of State for the purposes of providing free public library
services ; these corporations must have a current contract with each funding
source (a city, county, or school district) to provide free public library
services for the city, county, or school district.
[Adopted September 1, 1977, 2 TexReg 1925; Amended April
30, 1985, 10 TexReg 1228; Amended March 10, 1999, 24 TexReg 1612; Amended
November 2, 2007, 32 TexReg 7930]
§1.74 Local Operating Expenditures
A public library must demonstrate local effort on an annual
basis by maintaining or increasing local operating expenditures or per capita
local operating expenditures. Expenditures for the current reporting year
will be compared to the average of the total local operating expenditures
or to the average of the total per capita local operating expenditures for
the three preceding years. Libraries that expend at least $13.50 per capita
and at least $125,000 of local funds are exempt from this membership criterion.
A public library must have minimum total local expenditures of $10,000 in
local fiscal years 2007, 2008, 2009; $10,300 in local fiscal years 2010, 2011,
2012; $10,650 in local fiscal years 2013, 2014, 2015.
[Adopted September 1, 1977, 2 TexReg 1925; Amended September
1, 1979, 4 TexReg 2675; Amended December 9, 1980, 5 TexReg 4766; Amended July
20, 1987, 12 TexReg 2178; Amended March 25, 2005, 30 TexReg 1765; Amended
November 2, 2007, 32 TexReg 7930]
§1.75 Public Library: Nondiscrimination
A library shall have on file at the state library a statement
certifying that no person shall be excluded from participation in or denied
the benefits of the services of that library on the grounds of race, color,
or national origin.
[Adopted September 1, 1977, 2 TexReg 1925; Amended June
27, 1995, 20 TexReg 4343 ]
Download Assurance of Compliance
- Nondiscrimination Form
[MS Word; download free
viewer]
§1.76 [Reserved]
§1.77 Public Library: Local Government
Support
(a) At least half of the annual local operating expenditures
required to meet the minimum level of per capita support for accreditation
must be from local government sources. A public library that expends at least
$13.50 per capita is exempt from this membership criterion if it shows evidence
of some library expenditures from local government sources and is open to
citizens under identical conditions without charge. Local government sources
are defined as money appropriated by library districts, by school districts,
or by city or county governments.
(b) If a currently accredited library is closed by action
of its governing body, the commission, following a public hearing, may revoke
that library's current membership in the state library system. This section
will not apply if only the library building is temporarily closed because
of natural or man-made disasters, or building construction, renovation, or
maintenance. The library may be re-accredited as a member in the state library
system during the next regular accreditation process, assuming that, by July
31, the library reports data showing that it currently meets all of the appropriate
minimum requirements for membership in the state library system (as listed
in §1.74 of this subchapter, related to Local Operating Expenditures;
§1.75 of this subchapter, related to Nondiscrimination; §1.81 of
this subchapter, related to Quantitative Standards for Accreditation of Library;
§1.83 of this subchapter, related to Other Requirements; and §1.84
of this subchapter, related to Professional Librarian).
(c) If a currently accredited library suffers a funding
reduction that causes the library to reduce its hours, staffing, or budget
below its appropriate minimum requirements for membership in the state library
system (as listed in §1.81 of this subchapter, related to Quantitative
Standards for Accreditation of Library), the commission, following a public
hearing, may revoke that library's current membership in the state library
system. The library may be re-accredited as a member in the state library
system during the next regular accreditation process, assuming that, by July
31, the library reports data showing that it currently meets all of the appropriate
minimum requirements for membership in the state library system (as listed
in §1.74 of this subchapter, related to Local Operating Expenditures;
§1.75 of this subchapter, related to Nondiscrimination; [ §1.78
of this subchapter, related to County Librarian's Certificate; ] §1.81
of this subchapter, related to Quantitative Standards for Accreditation of
Library; §1.83 of this subchapter, related to Other Requirements; and
§1.84 of this subchapter, related to Professional Librarian).
[Adopted September 1, 1977, 2 TexReg 1925; Amended September
1, 1979, 4 TexReg 2675; Amended July 22, 1983, 8 TexReg 2607; Amended April
30, 1985, 10 TexReg 1228; Amended August 23, 1990, 15 TexReg 4577; Amended
September 2, 1999, 24TexReg 6727; Amended May 12, 2006, 31TexReg 3870; Amended
November 2, 2007, 32 TexReg 7930]
§1.79 Provisional Accreditation
of Library
(a) A public library that does not meet one of the requirements
for accreditation cited in §1.81 of this title (relating to Quantitative
Standards for Accreditation of Library) may be provisionally accredited for
not more than an initial three-year period, if the library can demonstrate
a reasonable expectation of meeting the requirements within three years. At
the end of the provisional accreditation, the library must fully meet all
the requirements in effect at that time.
(b) A newly established library in a previously unserved
county that does not meet two of the requirements for accreditation cited
in §1.81 of this title (relating to Quantitative Standards for Accreditation
of Library) may be provisionally accredited, if the library can demonstrate
a reasonable expectation of meeting the requirements within three years. At
the end of the three years, the library must fully meet all the requirements
in effect at that time.
(c) After a library has been provisionally accredited, it
must achieve full accreditation before it may be probationally accredited
under §1.80 of this title (relating to Probational Accreditation of Library).
[Adopted September 1, 1977, 2 TexReg 1925; Amended September
1, 1979, 4 TexReg 2675; Amended July 22, 1983, 8 TexReg 2607; Amended November
2, 2007, 32 TexReg 7930]
§1.80 Probational Accreditation
of Library
A public library that has been fully accredited may be granted
probational accreditation for three years if the library fails to meet not
more than one of the requirements in §1.81 of this title (relating to
Quantitative Standards for Accreditation of Library). To regain full system
membership, a library must equal or exceed its previous level of effort on
the deficient requirement. At the end of the probational accreditation, the
library must fully meet all the requirements in effect at that time. A library
may not be probationally accredited for more than three years in a row, for
any reason.
[Adopted September 1, 1977, 2 TexReg 1925; Amended
September 1, 1979, 4 TexReg 2675; Amended July 22, 1983, 8 TexReg 2607; Amended
December 9, 1980, 5 TexReg 4766; Amended November 2, 2007, 32 TexReg 7930]
§1.81 Quantitative Standards for
Accreditation of Library
(a) The definition of "local fiscal year" is the fiscal year
in which January 1 of that year falls.
(b) The following are the minimum requirements for membership in the state
library system:
(1) A library serving a population of at least 500,001 persons must:
(A) have local expenditures amounting to at least $13.00
per capita in local fiscal years 2007, 2008, 2009; $13.40 per capita in
local fiscal years 2010, 2011, 2012; $13.82 per capita in local fiscal years
2013, 2014, 2015.
(B) have at least one item of library materials per capita
or expend at least 25% of the local expenditures on the purchase of library
materials;
(C) be open for service not less than 64 hours per week;
(D) employ a library director for at least 40 hours per
week in library duties; and
(E) employ twelve full-time professional librarians, with
one additional full-time professional librarian for every 50,000 persons
above 500,000; an additional professional librarian must be assigned full
time to system duties if the library is a major resource center.
(2) A library serving a population of 200,001 - 500,000 persons must:
(A) have local expenditures amounting to at least $11.25
per capita in local fiscal years 2007, 2008, 2009; $11.60 per capita in
local fiscal years 2010, 2011, 2012; $11.95 per capita in local fiscal years
2013, 2014, 2015;
(B) have at least one item of library materials per capita
or expend at least 25% of the local expenditures on the purchase of library
materials;
(C) be open for service not less than 64 hours per week;
(D) employ a library director for at least 40 hours per
week in library duties; and
(E) employ six full-time professional librarians, with
one additional full-time professional librarian for every 50,000 persons
above 200,000; an additional professional librarian must be assigned full
time to system duties if the library is a major resource center.
(3) A library serving a population of 100,001 - 200,000 persons must:
(A) have local expenditures amounting to at least $9.00
per capita in local fiscal years 2007, 2008, 2009; $9.30 per capita in local
fiscal years 2010, 2011, 2012; $9.60 per capita in local fiscal years 2013,
2014, 2015;
(B) have at least one item of library materials per capita
or expend at least 25% of the local expenditures on the purchase of library
materials;
(C) be open for service not less than 54 hours per week;
(D) employ a library director for at least 40 hours per
week in library duties; and
(E) employ four full-time professional librarians, with
one additional full-time professional librarian for each 50,000 persons
above 100,000; an additional professional librarian must be assigned full
time to system duties if the library is a major resource center.
(4) A library serving a population of 50,001 - 100,000 persons must:
(A) have local expenditures amounting to at least $7.50
per capita in local fiscal years 2007, 2008, 2009; $7.75 per capita in local
fiscal years 2010, 2011, 2012; $8.00 per capita in local fiscal years 2013,
2014, 2015;
(B) have at least one item of library materials per capita
or expend at least 25% of the local expenditures on the purchase of library
materials;
(C) be open for service not less than 48 hours per week;
(D) employ a library director for at least 40 hours per
week in library duties; and
(E) employ at least two full-time professional librarians.
(5) A library serving a population of 25,001 - 50,000 persons must:
(A) have local expenditures of at least $5.00 per capita
in local fiscal years 2007, 2008, 2009; $5.15 in local fiscal years 2010,
2011, 2012; $5.31 per capita in local fiscal years 2013, 2014, 2015;
(B) have at least one item of library materials per capita
or expend at least 25% of the local expenditures on the purchase of library
materials;
(C) be open for service not less than 40 hours per week;
(D) employ a library director for at least 40 hours per
week in library duties; and
(E) employ at least one full-time professional librarian.
(6) A library serving a population of 10,001 - 25,000 persons must:
(A) have local expenditures of at least $4.00 per capita
in local fiscal years 2007, 2008, 2009; $4.12 per capita in local fiscal
years 2010, 2011, 2012; $4.25 per capita in local fiscal years 2013, 2014,
2015;
(B) have at least one item of library materials per capita
or expend at least 25% of the local expenditures on the purchase of library
materials, provided that in either case a minimum of 7,500 items are held;
(C) be open for service not less than 30 hours per week;
and
(D) employ a library director for at least 30 hours per
week in library duties.
(7) A library serving a population of 5,001 - 10,000 must:
(A) have local expenditures of at least $3.75 per capita
in local fiscal years 2007, 2008, 2009; $3.85 per capita in local fiscal
years 2010, 2011, 2012; $3.97 per capita in local fiscal years 2013, 2014,
2015;
(B) have at least one item of library materials per capita
or expend at least 25% of the local expenditures on the purchase of library
materials; provided that in either case a minimum of 7,500 items are held.
(C) be open for service not less than 20 hours per week;
and
(D) employ a library director for at least 20 hours per
week in library duties.
(8) A library serving a population of 5,000 or fewer persons must:
(A) have local per capita expenditures or minimum total
local expenditures, whichever is greater, of $3.50 per capita or $10,000
total in local fiscal years 2007, 2008, 2009; $3.60 per capita or $10,300
total in local fiscal years 2010, 2011, 2012; $3.70 per capita or $10,650
in local fiscal years 2013, 2014, 2015;
(B) have at least one item of library materials per capita
or expend at least 25% of the local expenditures on the purchase of library
materials, provided that in either case a minimum of 7,500 items are held;
(C) be open for service not less than 20 hours per week;
and
(D) employ a library director for at least 20 hours per
week in library duties.
[Adopted September 1, 1977, 2 TexReg 1925; Amended September 1, 1979,
4 TexReg 2675; Amended May 1, 1981, 6 TexReg 1438; Amended July 22,1983,
8 TexReg 2607; Amended June 27, 1995, 20 TexReg 4343; Amended March 25, 2005,
30 TexReg 1765; Amended August 24, 2007, 32 TexReg 5365]
§1.82 Accreditation Based on Current
Operating Budget
A public library which has not previously qualified for
system membership and is actively seeking accreditation by securing the per
capita support necessary for qualification may be accredited as a system member
on the basis of the library's current operating budget rather than its expenditures
of the preceding year.
[Adopted September 1, 1977, 4 TexReg 2676]
§1.83 Other Requirements
Each public library applying for membership in the Texas
Library System must meet the following requirements:
(1) The library must have a telephone with a listed number.
(2) The library must have available both a photocopier and
a computer with Internet access for use by the library staff and the general
public.
(3) The library must offer to borrow materials via the interlibrary
loan resource sharing service for persons residing in the library's designated
service area. A library must also participate in the interlibrary loan resource
sharing service by lending its materials to other libraries, as requested.
The library governing board may adopt policies regarding materials available
for loan and the length of the loan, the good standing of the borrower, and
other relevant issues; these policies must be posted on the library system's
web site.
(4) The library director must have a minimum of ten hours
of continuing education credits annually. Continuing education activities
must be instructional and may include workshops, appropriate sessions at library
association conferences, and distance education courses. Library system meetings,
board meetings, public hearings, other business meetings, author luncheons,
and other non-instructional sessions are not considered continuing education
activities. The director must maintain appropriate documentation of participation,
duration, and relevance to the operation of a library.
(5) The library must have a catalog of its holdings available
to the public that is searchable, either manually or electronically, at a
minimum by author, title, and subject.
(6) The library must have a long-range plan that is approved
by its governing board. This plan must be reviewed and updated at least every
five years and must include a collection development element. Library systems
must provide public libraries with the consulting and continuing education
services necessary to develop these plans as part of the services provided
under §1.47 of this title (relating to Consulting and Continuing Education
Services).
[Adopted September 1, 1977, 4 TexReg 2676; Amended March
25, 2005, 30 TexReg 1765; Amended August 24, 2007, 32 TexReg 5365]
§1.84 Professional Librarian
(a) A professional librarian is defined as a person holding
either a fifth year degree in librarianship from a program accredited by the
American Library Association or a master's degree in library or information
science from a program accredited by the American Library Association or a
higher credential from a library school offering an American Library Association-approved
program in library or information science. Upon the written request of persons
holding degrees in library or information science from schools outside the
United States or Canada, the state librarian may certify them as professional
librarians if their program of study is deemed comparable to that of a library
school accredited by the American Library Association.
(b) Individuals who were issued a Grade I - Special County
Librarians Certificate may be designated a professional librarian for the
purposes of §1.81 of this subchapter (relating to Quantitative Standards
for Accreditation of Library). This designation is valid only for the library
where the person was employed on June 15, 2007. The individual must still
comply with the annual requirements of §1.83(4) of this subchapter (relating
to Other Requirements). Grade I - Special County Librarians Certificate were
previously issued under the terms of a now-repealed rule (§5.5 of this
title, relating to Special Provisions for Certifying County Librarians).
[Adopted April 30, 1985; 10 TexReg 1228; Amended August
4, 1988, 13 TexReg 3633; Amended August 24, 2007, 32 TexReg 5365]
§1.85 Annual Report
A public library shall file a current and complete annual
report with the Texas State Library and Archives Commission by April 30. Revisions
to the annual report which would affect membership status for the next fiscal
year will not be accepted after July 31. Staff vacancies that occur after
the report is filed shall not adversely affect applications for system membership
in the next fiscal year. Staff vacancies that occur prior to filing the report
which affect system membership must be filled and reported prior to July 31.
Willful falsification of annual reports shall cause the library to be disqualified
for one year in the first instance and disqualified for three years in the
second instance.
[Adopted April 30, 1985; 10 TexReg 1228; Amended August
4, 1988, 13 TexReg 3633; Amended March 10, 1999, 24 TexReg 1612]
§1.86 Standards for Accreditation
of Libraries Operated by Public School Districts, Institutions of Higher Education,
or Units of State or Local Government
These standards for accreditation apply only to non-public libraries that
are operated by a public school district, institution of higher education,
or unit of state or local government. The standards for accreditation of
public libraries are specified in §1.81 of this title (relating to Quantitative
Standards for Accreditation of Library).
(1) Governing bodies of these libraries shall agree to make library resources
accessible to all residents of the system without user fees. Systems that
propose to admit these libraries as members shall submit, as part of their
annual program of service, a plan and budget for the sharing of library materials
that shall include, at minimum, an active program of interlibrary lending
by all member libraries.
(2) These non-public libraries may participate in system projects that
are cooperative in nature, such as resource sharing projects, projects to
establish union catalogs, and continuing education programs. These libraries
shall not participate in projects designed for the exclusive benefit of an
individual library, such as collection development allocations and equipment
purchases.
(3) Any library eligible for membership in the Texas Library System under
this subsection will be accredited by the following standards.
(A) For libraries operated by a public school district:
(i) the district must submit written verification from
the Texas Education Agency that it meets the standards specified in 19 TAC
63.11 "Requirements for School Library Media Programs";
(ii) the district must submit written verification that
it is academically accredited by the Texas Education Agency. Districts classified
as academically unaccredited are ineligible for membership in the Texas
Library System;
(iii) the district must submit an annual report regarding
the operation of its library, in accordance with the timetable and conditions
specified in §1.85 of this title (relating to Annual Report).
(iv) The unit of membership in the Texas Library System
shall be the school district.
(B) For libraries operated by an institution of higher education:
(i) the institution must submit written verification that
it is accredited by an accrediting agency recognized by the Texas Higher
Education Coordinating Board;
(ii) the institution must submit an annual report regarding
the operation of its library, in accordance with the timetable and conditions
specified in §1.85 of this title (relating to Annual Report).
(iii) The unit of membership in the Texas Library System
shall be the campus library. Community college districts shall apply as
a single unit; other institutions with campus libraries in multiple locations
in one county shall apply as a single unit. Libraries affiliated with professional
schools that demonstrate they are administered and budgeted independently
of the campus library may apply for separate membership.
(C) For special libraries operated by a unit of state or local government
(refers to libraries that are not public libraries, or not operated by a
public school district or institution of higher education), the library
must:
(i) be operated by a recognized governmental unit, such
as a state agency, county, municipality, or special district;
(ii) have expenditures of at least $5,000 per year;
(iii) have at least 7,500 items of library materials;
(iv) have a facility or portion of a facility that is
used for the library program and is open at least 20 hours per week;
(v) have a staff member serving as a head librarian who
is employed in library duties at least 20 hours per week;
(vi) submit an annual report regarding the operation of
the library, in accordance with the timetable and conditions specified in
§1.85 of this title (relating to Annual Report).
[Adopted June 27, 1995, 20 TexReg 4343]
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GRANTS: SYSTEM OPERATION, INCENTIVE, ESTABLISHMENT, AND
EQUALIZATION
§1.91 System Operation Grants
(a) System operation grants are to provide basic system
support services to member libraries, to coordinate and cooperate with the
commission and libraries in the region, and to meet commission or federal
goals, and to reimburse libraries for providing specialized services. System
operation grants are awarded to major resource and regional library systems
operating under an approved program of services and budget.
(b) Each major resource or regional library system must,
at minimum, apply for funding to provide basic system support services to
member libraries. To meet this requirement, each system must apply for the
minimum funding necessary for at least one full-time professional librarian
and one full-time equivalent support staff. These staff shall be assigned
to administration, continuing education, or consulting duties, to meet commission
or federal goals; these staff shall be provided with regional travel, communications,
and other operating funds to implement the approved program of services. Major
resource or regional library systems may also apply for higher levels of funding,
as specified in the grant guidelines issued by the commission.
[Adopted September 1, 1977, 2 TexReg 1927; Amended
September 1, 1979, 4 TexReg 2677; Amended July 20, 1987, 12TexReg 2179; Amended
June 29, 2007, 32 TexReg 3982]
§1.92 Incentive Grants
Incentive grants are to encourage libraries to join together
into larger units of service in order to meet criteria for major resource
system membership. System member libraries joining together into a county
or multicounty library system may be eligible for incentive grants.
[Adopted September 1, 1977, 2 TexReg 1927; Amended December
9, 1980, 5 TexReg 4766]
§1.94 Unserved County: Definition
An unserved county is defined as either a county with no
existing free public library services or a county that is served by a library
that has not expended funds from local city and/or county taxes for a period
of three years prior to application for an establishment grant. A period of
establishment may not exceed three years.
[Adopted September 1, 1977, 2 TexReg 1927]
§1.95 [Reserved]
§1.96 System Operation Grant: Formula
(a) System operation grant funding shall be allocated to meet commission
or federal goals. Allocation formula:
(1) 34% of the total amount specified for system operation
grants shall be apportioned equally to the major resource and regional library
systems;
(2) 33% of the total shall be apportioned on the number
of member libraries in a system as compared to the total number of member
libraries; the number of member libraries shall be the number of member libraries
on the March 1 preceding the beginning of the state fiscal year; and,
(3) 33% of the total shall be apportioned on a per capita
basis by the last decennial census or the most recent population estimate
of the United States Department of Commerce, Bureau of the Census. The population
base for distribution of these funds is the total population residing within
the library system boundaries.
(b) In state fiscal year 2009 and later, all library system grants shall
be at least $300,000. The grant amounts awarded to library systems by this
section may be adjusted by the commission to achieve this minimum grant.
[Adopted June 29, 2007, 32 TexReg 3983]
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SYSTEM ADVISORY COUNCIL
§1.111 Advisory Council
An advisory council for each major resource system shall
be established consisting of six lay members representing the member libraries
of the system.
[Adopted September 1, 1977, 2 TexReg 1928]
§1.112 Advisory Council Election
The governing body of each member library of the system
shall biennially elect or appoint a lay representative for the purpose of
electing council members. A lay representative may be any person not employed
as a staff member in the library he or she is to represent. Each governing
body may also elect or appoint an alternate lay representative who may perform
the duties of the representative in his or her absence. An alternate lay representative
may not be elected to the advisory council. The major resource center shall
always have one member on the council. Thereafter, the representatives in
an annual meeting shall elect members of their group to fill council vacancies
arising due to expiration of terms of office. The term of office for representatives
and alternates shall be the state fiscal year.
[Adopted September 1, 1977, 2 TexReg 1928; Amended September
1, 1979, 4 TexReg 2677; Amended December 9, 1980, 5 TexReg 4766; Amended July
22, 1983, 8 TexReg 2608; Amended June 27, 1995, 20 TexReg 4343]
§1.113 Advisory Council Terms of
Office
The term of office of a council member is three years. A
council member may serve no more than two consecutive terms, but shall again
become eligible for election to the council after an absence of one full term.
[Adopted September 1, 1977, 2 TexReg 1928; Amended April
30, 1985, 10 TexReg 1228]
§1.114 Advisory Council Officers
The council shall annually elect a chair, vice-chair, and
secretary.
[Adopted September 1, 1977, 2 TexReg 1928]
§1.115 Geographical Representation
Broad geographical representation is encouraged on the system
advisory council.
[Adopted September 1, 1977, 2 TexReg 1928]
§1.116 Council Officers, Not Reappointed
as Library Representative
A representative is elected to council September 1, and
once elected to council, represents the system. Therefore, the representative
shall complete his or her council term of three years even though the council
member may be replaced as the official representative of the member library.
If the council member is replaced as the official representative, the new
representative may vote in behalf of his or her library at the annual meeting
of representatives to fill council vacancies. No individual library in the
system shall have more than two representatives on the system advisory council.
[Adopted September 1, 1977, 2 TexReg 1928; Amended September
1, 1979, 4 TexReg 2677; Amended December 9, 1980, 5 TexReg 4766; Amended January
19, 1984, 9 TexReg 179]
§1.117 Advisory Council Vacancies
Vacancies on the system advisory council arising for reasons
other than the regular expiration of terms of office may be filled from among
the lay representatives for the unexpired term by the remaining members of
the council. If a vacancy for whatever reason leaves the major resource center
with no representative on the council, the major resource center's lay representative
shall complete the unexpired term. If the unexpired term was held by an officer
of the council, the lay representative appointed to fill the unexpired term
need not necessarily be that officer. The vacated council office can be filled
from among the members already on that council.
[Adopted September 1, 1977, 2 TexReg 1928; Amended January
19, 1984, 9 TexReg 179]
§1.118 Federated County and Multicounty
Representation
A federated county or multicounty library system will be
eligible to send to the annual meeting of lay representatives either a citizen
to represent the entire federated county or multicounty library system; or
the federated county or multicounty library system may elect to permit each
individual member in that system to send one representative to the lay meeting.
Only those federated county or multicounty system member libraries which could
individually qualify for state library system membership may be eligible to
send a lay representative. That lay representative shall have such votes as
the representative would be entitled to under §1.123 of this title (relating
to Voting by Member Library Representatives), based upon the population of
the library represented.
[Adopted September 1, 1977, 2 TexReg 1928; Amended January
19, 1984, 9 TexReg 179; Amended April 30, 1985, 10 TexReg 1228]
§1.119 Council Review and Approval
Process
Unless otherwise provided for in the system bylaws, the
signature of the council chairman on the following documents shall be required
as certification that the advisory council has had an opportunity to review
and approve: the system biennial budget, the annual program of services and
budget, amendments to the annual program or budget requiring a contract modification,
and system bylaws. In the event that a member of the advisory council has
had an opportunity to review the documents, but does not approve their contents,
a letter stating minority reports should accompany the documents to the State
Library. In the event that a majority of the advisory council does not approve
the contents of one of the documents referred to in this section, the chairman
should sign the certificate of review and forward the advisory council's report
with it. The chairman of the advisory council should sign the certificate
of review in the appropriate place, if the majority of the advisory council
determine that they have not been adequately informed of its contents by the
major resource center staff.
[Adopted September 1, 1977, 2 TexReg 1928; Amended September
1, 1979, 4 TexReg 2677; Amended July 20, 1987, 12TexReg 2179]
§1.120 Disqualification of Council
Members
If the library represented by a council member is disqualified
from system membership or chooses to withdraw from the system, that council
member shall cease to be a member of the system advisory council.
[Adopted September 1, 1979, 4 TexReg 2677]
§1.123 Voting by Member Library
Representatives
The lay representative of each member library of a major
resource system shall have one vote as a representative of a member library
and shall have that proportion of additional votes, which shall equal the
number of member libraries, as the population served by the voting representative's
library has to the total population served by all member libraries.
[Adopted January 19, 1984, 9 TexReg 179]
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PART I. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CHAPTER 2. GENERAL POLICIES AND PROCEDURES
PRINCIPLES AND PROCEDURES OF THE COMMISSION
§2.53 Service Complaints
(a) For the purpose of improving services to the public and
resolving complaints about services of the Texas State Library, state publications
of the Library as defined in §3.1 of this title (relating to State Publications
Depository Program) shall include a notice that complaints may be made to
the Director and Librarian with the director's mailing address and telephone
number. Such notice shall also be posted in all public services areas and
public access computer systems.
(b) Complaints regarding grants and the administration of
grants will be processed in accordance with the procedures outlined in §2.55
of this title (relating to Protest Procedure). Complaints regarding county
librarians certified by the commission will be processed in accordance with
procedures to be included in Chapter 5 of this title (relating to County Librarian
Certification).
[Adopted July 17, 1997, 22 TexReg 6431; Amended September
7, 1998, 23 TexReg 9037]
§ 2.55 Protest Procedure
(a) An aggrieved person who is not satisfied with a decision,
procedure, or service received from the staff of the commission or who is
an actual or prospective bidder, grantee, or contractor aggrieved in connection
with a solicitation, evaluation, or award may file a protest with the director
and librarian in accordance with this rule.
(b) A protest must be submitted to the director and librarian
within 21 days after the person knows or should have known of the matter that
is protested. The director and librarian has the discretion to allow a protest
filed after 21 days if the protestant shows good cause for the late filing
or if the protest raises an issue significant to the general policies and
procedures of the commission.
(c) The protestant shall mail or deliver a copy of the protest
to all interested persons. The director and librarian will furnish a list
of interested persons to a protestant. For protests of a competitive selection
(bid, contract, or grant), interested persons shall include all persons who
have submitted a bid, proposal, or application.
(d) A protest must be in writing and identified as a protest
under commission rule 13 TAC §2.55 and contain the following:
(1) a description of the protestant's interest in the matter;
(2) the issue(s) to be resolved and remedy(s) requested;
(3) the protestant's argument supporting the protest, including
a statement of relevant facts and applicable law, specifying the statutes,
rules, or other legal authority alleged to have been violated;
(4) the protestant's affirmation that facts set forth in
the protest are true; and
(5) a certification that a copy of the protest has been
mailed or delivered to all interested persons.
(e) Upon receipt of a protest conforming to the requirements
of this section, the commission shall not proceed with the solicitation, award,
or contract until the protest is resolved, unless the director and librarian
makes a written determination that delay would harm the substantial interests
of the state.
(f) The director and librarian has the authority to decide,
settle, or resolve the protest and will make a written determination. The
director and librarian may solicit written responses to the protest from other
parties. The director and librarian shall inform the protesting party and
other interested parties by letter of his determination, how to appeal the
determination to the commission, and how to respond to any appeal that is
filed.
(g) An interested party may appeal the determination of the
director and librarian. An appeal must be in writing and conform to paragraphs
(1)-(3) of this subsection:
(1) the appeal must be received in the office of the director
and librarian no later than 15 days after the date the determination is mailed
to interested parties;
(2) a copy of the appeal must be mailed or delivered by
the appealing party to all interested parties and contain a certification
of mailing or delivery;
(3) the appealing party must state whether or not an opportunity
is requested to make an oral presentation to the commission in open meeting.
(h) The director and librarian shall refer the matter to
the commission for their consideration at an open meeting.
(i) The chairman of the commission has the discretion to
allow an appeal filed more than 15 days after the director and librarian's
determination if the appealing party shows good cause for the late filing
or if the appeal raises an issue significant to the general policies or procedures
of the commission.
(j) An interested party may file a response to an appeal
of the determination of the director and librarian no later than 15 days after
the appeal is mailed or delivered. The chairman of the commission has the
discretion to allow a response filed more than 15 days after the appeal of
the determination by the director and librarian if the interested party shows
good cause for the late filing or if the response raises an issue significant
to the general policies or procedures of the commission.
(k) Copies of the appeal and responses of interested parties,
if any, shall be mailed to the commission by the director and librarian.
(l) The chairman of the commission has the discretion to
decide whether or not a request for oral presentations will be granted and
will set the order and amount of time for oral presentations that are allowed.
The chairman also has the discretion to decide whether presentations and written
documents presented by commission staff and interested parties will be allowed.
(m) The commission will determine properly filed appeals
and make its decision in open meeting. The commission shall vote to uphold
or reverse the decision of the director and librarian. Failing a majority
vote of the commission to reverse, the director and librarian's decision is
upheld. The commission's decision is final and not subject to judicial review
under the statutes governing the commission.
(n) A decision issued either by the commission in open meeting
or in writing by the director and librarian shall be the final administrative
action of the commission.
(o) Documentation concerning a protest of a competitive selection
is part of the commission's records series for that selection and is retained
in accordance with the commission's approved records retention schedule.
[Adopted September 7, 1998, 23 TexReg 9037]
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