1-1 AN ACT
1-2 relating to including certain libraries of nonprofit corporations
1-3 in the TexShare consortium and authorizing grants from the
1-4 telecommunications infrastructure fund to those libraries.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 441.221, Government Code, is amended by
1-7 amending Subdivision (3) and adding Subdivision (4) to read as
1-9 (3) "Nonprofit corporation" means a nonprofit
1-10 corporation established under the Texas Non-Profit Corporation Act
1-11 (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) that
1-12 provides extensive library services and collections in the fields
1-13 of clinical medicine and the history of medicine.
1-14 (4) "Public library" has the meaning assigned by
1-15 Section 441.122.
1-16 SECTION 2. Section 441.222, Government Code, is amended to
1-17 read as follows:
1-18 Sec. 441.222. CREATION OF CONSORTIUM. The commission shall
1-19 establish and maintain the TexShare consortium as a
1-20 resource-sharing consortium operated as a program within the
1-21 commission for libraries at institutions of higher education, [
1-22 for public libraries, and for libraries of nonprofit corporations.
1-23 SECTION 3. Section 441.223, Government Code, is amended to
1-24 read as follows:
2-1 Sec. 441.223. FINDINGS; PURPOSE AND METHODS. The
2-2 legislature finds that it is necessary to assist libraries at
2-3 public and private or independent institutions of higher education,
2-4 [ and] public libraries, and libraries of nonprofit corporations to
2-5 promote the public good by achieving the following public purposes
2-6 through the following methods:
2-7 (1) to promote the future well-being of the citizenry,
2-8 enhance quality teaching and research excellence at institutions of
2-9 higher education through the efficient exchange of information and
2-10 the sharing of library resources, [ and] improve educational
2-11 resources in all communities, and expand the availability of
2-12 information about clinical medical research and the history of
2-14 (2) to maximize the effectiveness of library
2-15 expenditures by enabling libraries to share staff expertise and to
2-16 share library resources in print and in an electronic form,
2-17 including books, journals, technical reports, and databases;
2-18 (3) to increase the intellectual productivity of
2-19 students and faculty at the participating institutions of higher
2-20 education by emphasizing access to information rather than
2-21 ownership of documents and other information sources; and
2-22 (4) to facilitate joint purchasing agreements for
2-23 purchasing information services and encourage cooperative research
2-24 and development of information technologies.
2-25 SECTION 4. Section 441.224, Government Code, is amended to
2-26 read as follows:
2-27 Sec. 441.224. MEMBERSHIP; FEES. Membership in the
3-1 consortium is open to all institutions of higher education, [ and
3-2 to] all public libraries that are members of the state library
3-3 system, and all libraries of nonprofit corporations. The director
3-4 and librarian may establish categories of consortium services and
3-5 assess different fees to members for different categories of
3-6 consortium services.
3-7 SECTION 5. Section 441.226(f), Government Code, is amended to
3-8 read as follows:
3-9 (f) The advisory board may recommend to the commission that
3-10 the consortium enter into cooperative projects with entities other
3-11 than public libraries, [ or] institutions of higher education, or
3-12 nonprofit corporations.
3-13 SECTION 6. Section 57.042(6), Utilities Code, is amended to
3-14 read as follows:
3-15 (6) "Library" means:
3-16 (A) a public library or regional library system
3-17 as those terms are defined by Section 441.122, Government Code;
3-18 [ or]
3-19 (B) a library operated by an institution of
3-20 higher education or a school district; or
3-21 (C) a library operated by a nonprofit
3-22 corporation as defined by Section 441.221(3), Government Code.
3-23 SECTION 7. Section 58.253(a), Utilities Code, is amended to
3-24 read as follows:
3-25 (a) On customer request, an electing company shall provide
3-26 private network services to:
3-27 (1) an educational institution;
4-1 (2) a library as defined in Section 57.042(6)(A) and
4-3 (3) a nonprofit telemedicine center;
4-4 (4) a public or not-for-profit hospital;
4-5 (5) a project eligible to have been funded by the
4-6 telecommunications infrastructure fund under Subchapter C, Chapter
4-7 57, as of January 1, 2001; or
4-8 (6) a legally constituted consortium or group of
4-9 entities listed in this subsection.
4-10 SECTION 8. The Texas State Library and Archives Commission
4-11 shall add libraries of nonprofit corporations to the TexShare
4-12 consortium as required by this Act only to the extent that the
4-13 commission may efficiently do so without reducing services to
4-14 libraries at institutions of higher education and public libraries.
4-15 SECTION 9. This Act takes effect September 1, 2001.
President of the Senate Speaker of the House
I certify that H.B. No. 3591 was passed by the House on April
20, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 3591 on May 25, 2001, by a non-record
Chief Clerk of the House
I certify that H.B. No. 3591 was passed by the Senate, with
amendments, on May 21, 2001, by a viva-voce vote.
Secretary of the Senate