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APPENDIX B LAWS AFFECTING TEXAS LIBRARIES

The Texas State Library and Archives Commission publishes and periodically updates Library Laws of Texas. A print copy is available from the Library Science Collection (contact Anne Ramos at 800-252-9386 or anne.ramos@tsl.state.tx.us), and an electronic version is available on the TSLAC web site at www.tsl.state.tx.us/ld/pubs/liblaws/.

AMERICANS WITH DISABILITIES ACT (ADA)

Title 42, U.S. Code, sec 12101, et seq. (1990), provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, State and local government services and telecommunications. P.L. 101-336 (1990).

The ADA Accessibility Guidelines (ADAAG) 36 CFR 1191 sets guidelines for accessibility to places of public accommodation and commercial facilities by individuals with disabilities.

Refer also to the provisions of the Architectural Barriers Act, Texas Civil Statutes Title 132A, Article 9102, administered by the Texas Department of Licensing and Regulation.

Also, the Texas Accessibility Standards (TAS) 16 Texas Administrative Code, Chapter 68, for purposes of administering the state Architectural Barriers Act, TAS is based on the Americans with Disabilities Act Accessibility Guidelines (ADAAG).

CONFIDENTIALITY OF LIBRARY RECORDS

TEX. GOV'T CODE ANN. Section 552.122(24) and 552.123 (West 1994).
This act designates as confidential any record that identifies a person who uses library services or materials. The legislation applies to records of a library or library system supported in whole or in part by public funds.

Amendment by Acts 1993, 73rd Leg., chs.98 Section 1; 347, Section 8.30.

COPYRIGHT LAW

Title 17 U.S. Code
The Copyright Act P.L.94-553 (1976) aims generally for a uniform national policy on copyright matters. In the 1990's there have been important revisions to U.S. copyright laws, including the Sonny Bono Copyright Term Extension Act P.L. 105-298 (1998), and the Digital Millennium Copyright Act (DMCA) P.L. 105-304 (1998).

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UNIVERSAL SERVICE FUND (E-RATE)

PL 104-104 (1996), the Schools and Libraries Universal Service Program was established as part of the Telecommunications Act of 1996 with the express purpose of providing affordable access to telecommunications services for all eligible schools and libraries, particularly those in rural and inner-city areas.

HB 2128

TEX.UTIL.CODE ANN Section 57.022 et.seq. (West 1998).
This is the Public Utility Regulatory Act of 1995 relating to the regulation of telecommunications utilities, to the provision of telecommunications and related services, and to the continuation of the public Utility Commission. The legislation provides for a reduced rate for telecommunications service the commission finds is directly related to a distance learning activity that is or could be conducted by an educational institution in this state, or an information sharing program that is or could be conducted by a library in this state.

Acts 1995, 74th Leg., ch. 231, Section 49, eff. Sept. 1, 1995.

Acts 1997, 75th Leg., ch. 166, Section 1, eff. Sept. 1, 1997.

LIBRARY DISTRICTS

TEX.LOC.GOV'T CODE ANN. Section 326 (West 1999).
An act relating to the creation, powers, duties, operation, and financing of library districts; authorizing a tax and providing a penalty. (S.B. 1674). Added by Acts 1997, 75th Leg., ch. 1204, Section 1, eff. Sept. 1, 1997.

LIBRARY SYSTEMS ACT

TEX.GOV'T CODE ANN. Section 441 (West 1998).
An act relating to the establishment, operation, and financing of a state library system consisting of a network of interrelated cooperating library systems designed to provide adequate library facilities and services to the public. Texas Government Code, Title 3, Subtitle D., Chapter 441 Library and Archives, Subchapter I, Library Systems.

OPEN MEETINGS ACT

TEX. GOV'T CODE ANN. Section 551 (West 1994).
This chapter establishes that every regular, special or called meeting of a governmental body shall be open to the public, except as provided by this chapter. Texas Government Code, Title 5, subtitle A, Chapter 551 Open Meetings.

RECORDS MANAGEMENT

TEX. LOC. GOV'T CODE ANN. Sections 201-205 (West 1999).
Local Government Code, Title 6, Subtitle C, Chapters 201 to 205 is cited as the Local Government Records Act, Amended 71st Leg., 1989. The chapters address general provisions, destruction and alienation of records, management and preservation of records, microfilming of records, and electronic storage of records.

Refer also to the provisions of TEX. GOV'T CODE ANN. Section 441 (West 1998), relating to the administration of the Act.

TEXSHARE LIBRARY CONSORTIUM

TEX. GOV'T CODE ANN. Section 441, Subchapter L (West 1998).
HB 1433 took effect September 1, 1999. This act expands the TexShare library consortium to allow public library membership.

Added by Acts 1999, 76th Leg., ch. 91 Vernon's Texas Session Law Service (West 1999).

VOTER REGISTRATION

ELECTION CODE, CHAPTER 20, Sections 20.001-20.093.
Each public library, including any branch or other service outlet, that is regularly open for business for more than 30 hours a week is designated as a voter registration agency. Library patrons are to be offered voter registration materials upon completing a library card application.