H.B. No. 3756
 
 
 
 
AN ACT
  relating to the Texas State Library and Archives Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 441.006(a), Government Code, is amended
  to read as follows:
         (a)  The commission shall:
               (1)  govern the Texas State Library;
               (2)  adopt policies and rules to aid and encourage the
  development of and cooperation among all types of libraries,
  including public, academic, special, and other types of libraries;
               (3)  aid those studying problems to be dealt with by
  legislation;
               (4)  prepare and make available to the public and
  appropriate state agencies information of public interest
  describing the functions of the commission;
               (5)  deposit money paid to the commission under this
  chapter subject to Subchapter F, Chapter 404;
               (6)  give to any person contemplating the establishment
  of a public library advice regarding matters such as maintaining a
  public library, selecting books, cataloging, and managing a
  library;
               (7)  conduct library institutes and encourage library
  associations;
               (8)  take custody of, preserve, and make available for
  public use state records and other historical resources that
  document the history and culture of Texas as a province, colony,
  republic, or state;
               (9)  prepare and make available to the public a
  complete list of every state symbol and place designation,
  including state symbols and place designations made in accordance
  with Chapter 391; [and]
               (10)  aid and encourage, by adoption of policies and
  programs, the development of effective records management and
  preservation programs in state agencies and the local governments
  of the state; and
               (11)  provide library services to persons with
  disabilities in cooperation with the federal government.
         SECTION 2.  The heading to Section 441.009, Government Code,
  is amended to read as follows:
         Sec. 441.009.  STATE PLAN FOR LIBRARY SERVICES AND
  TECHNOLOGY [CONSTRUCTION].
         SECTION 3.  Sections 441.009(a) and (c), Government Code,
  are amended to read as follows:
         (a)  The commission may adopt a state plan for improving
  library services consistent with federal goals [of and constructing
  county, municipal, and other public libraries].
         (c)  The plan must include a procedure by which a [county or
  municipal] library may apply for money under the plan and a
  procedure for a fair hearing for a library whose application for
  money is refused. Money from local, state, or federal sources may
  be used. The money shall be administered according to local, state,
  and federal requirements.
         SECTION 4.  The heading to Section 441.0092, Government
  Code, is amended to read as follows:
         Sec. 441.0092.  TEXAS READS [NEW MILLENNIUM READING] PROGRAM
  GRANTS.
         SECTION 5.  Section 441.0092(a), Government Code, is amended
  to read as follows:
         (a)  From money in the Texas Reads [new millennium reading]
  program account, the commission shall make grants to fund programs
  to promote reading provided by public libraries.
         SECTION 6.  Sections 441.122(1), (10), (11), and (13),
  Government Code, are amended to read as follows:
               (1)  "Accreditation of libraries" means the evaluation
  and rating of [public] libraries [and library systems, and the
  evaluation and rating of libraries that are operated by a public
  school district, institution of higher education, or unit of state
  or local government but that are not public libraries,] according
  to commission accreditation standards.
               (10)  "Major resource center" means a large public
  library [serving a population of 200,000 or more within 4,000 or
  more square miles] that is designated by the commission as the
  central library of a major resource system for [referral service
  from area libraries in the system, for] cooperative service with
  other libraries in the system[, and for federated operations with
  other libraries in the system].
               (11)  "Major resource system" means a network of
  libraries [library systems] attached to a major resource center[,
  consisting of area libraries joined cooperatively to the major
  resource center, community libraries joined cooperatively to area
  libraries or directly to the major resource center, and libraries
  that are not public libraries that join the system under Section
  441.1271].
               (13)  "Regional library system" means a network of
  libraries [library systems] established under this subchapter.
  [Notwithstanding other provisions of this subchapter, libraries
  operated by public school districts, institutions of higher
  education, and units of state or local government may become
  members of a regional library system to make the library resources
  freely accessible to all residents of the system.]
         SECTION 7.  Sections 441.124(a) and (d), Government Code,
  are amended to read as follows:
         (a)  The commission shall appoint an advisory board composed
  of five librarians qualified by training, experience, and interest
  to advise the commission on the policy to be followed in applying
  this subchapter. Chapter 2110 does not apply to the composition of
  the advisory board.
         (d)  A member of the board serves without compensation but is
  entitled to reimbursement for actual and necessary expenses
  incurred in the performance of official duties, subject to any
  applicable limitation on reimbursement provided by the General
  Appropriations Act.
         SECTION 8.  The heading to Section 441.126, Government Code,
  is amended to read as follows:
         Sec. 441.126.  AUTHORITY TO ESTABLISH [MAJOR RESOURCE]
  SYSTEMS.
         SECTION 9.  Section 441.127(c), Government Code, is amended
  to read as follows:
         (c)  The governing body of a public library that proposes to
  become a major resource center shall submit to the director and
  librarian an annual [initial] plan of service for the major
  resource system [and annually after the library becomes a major
  resource center shall submit a plan of system development] made in
  consultation with the advisory council.
         SECTION 10.  The heading to Section 441.1271, Government
  Code, is amended to read as follows:
         Sec. 441.1271.  EXTENDING MEMBERSHIP OF [MAJOR RESOURCE]
  SYSTEMS TO CERTAIN NONPUBLIC LIBRARIES.
         SECTION 11.  Sections 441.1271(a), (b), (c), (d), and (e),
  Government Code, are amended to read as follows:
         (a)  A major resource system may extend its membership to
  include libraries that are not public libraries and that are
  operated by one of the following:
               (1)  a public school district;
               (2)  an institution of higher education;
               (3)  a unit of local, state, or federal government;
  [or]
               (4)  accredited nonpublic elementary or secondary
  schools; or
               (5)  special or research libraries [a unit of local
  government].
         (b)  The decision to extend major resource system membership
  under Subsection (a) must be:
               (1)  made in accordance with the bylaws of the library
  [on a two-thirds vote of the governing bodies of the members of the
  major resource] system; and
               (2)  approved by the commission.
         (c)  A library that is a type of library to which a major
  resource system has extended its membership under this section:
               (1)  must be accredited by the commission to be
  eligible to join the system; and
               (2)  may join the system by resolution or agreement
  [ordinance] of its governing body or designee [and execution of
  interlibrary contracts for service].
         (d)  The commission may terminate the [system] membership of
  a library that is not a public library and that joined a major
  resource system under this section if the library[:
               [(1)]  loses its accreditation by ceasing to meet the
  minimum standards established by the commission[; or
               [(2)     fails to comply with obligations stated in the
  applicable resolution or ordinance or interlibrary contracts for
  service].
         (e)  A library that [is not a public library that] joins a
  major resource system under this section must agree to loan
  materials without charge to users of other libraries [provide
  benefits to the public through its membership in the system that are
  sufficient to constitute fair value in exchange for the benefits
  received by the library through its membership] in the system.
         SECTION 12.  Sections 441.130(a) and (b), Government Code,
  are amended to read as follows:
         (a)  Each major resource system has an advisory council
  composed of not more than 12 [six lay] members representing the
  member libraries of the system.
         (b)  The commission [governing body of each member library of
  the system] shall adopt rules to provide guidance to [elect or
  appoint a representative to elect council members. The
  representatives shall meet following their selection and shall
  elect the initial council from their group. The representatives in
  an annual meeting shall elect members of their group to fill council
  vacancies caused by expiration of terms of office. Other vacancies
  shall be filled for the unexpired term by the remaining members of
  the council. At all times one member of the council must be a
  representative of the] major resource systems on the administrative
  operation of advisory councils. Major resource systems will use
  this guidance to develop bylaw provisions for their advisory
  councils [center].
         SECTION 13.  Section 441.131, Government Code, is amended
  by amending Subsection (b) and adding Subsections (b-1) and (b-2)
  to read as follows:
         (b)  Governing bodies of libraries within a regional library
  system may establish a nonprofit corporation under the Texas
  Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
  Texas Civil Statutes) to administer the system or may contract with
  a private business to administer the system. If the governing
  bodies form a nonprofit corporation, they may select a board of
  directors and adopt bylaws for the corporation. Bylaws adopted or a
  contract executed under this section may permit other libraries
  operated by the following entities to become members of the
  regional library system:
               (1)  a public school district;
               (2)  an institution [districts, institutions] of
  higher education;
               (3)  a unit[, and units] of local, state, or federal
  [local] government;
               (4)  an accredited nonpublic elementary or secondary
  school; or
               (5)  a special or research library [to become members
  of the regional library system].
         (b-1)  Bylaws adopted under Subsection (b) may provide for
  reorganization, merger, division, and dissolution.
         (b-2)  A library that joins a regional system under this
  section must agree to loan materials without charge to users of
  other libraries in the system.
         SECTION 14.  Sections 441.136(a) and (d), Government Code,
  are amended to read as follows:
         (a)  The director and librarian, with the advice of the
  advisory board, shall propose [initial] rules necessary to the
  administration of the program of state grants, including
  qualifications for major resource system membership. The
  [proposed] rules shall be [published in the official publication of
  the Texas State Library with notice of a public hearing before the
  commission on the] proposed and adopted according to Chapter 2001
  [rules to be held on a specified date not less than 30 nor more than
  60 days after the date of the publication].
         (d)  The commission shall include requirements in its rules
  to ensure that [both the population served and] the constituent
  member libraries are adequately represented in the conduct of
  system business relating to activities involved in the development
  of a plan of service and adequately represented on each major
  resource system advisory council. Rules adopted as required by
  this subsection do not apply to the governing board or board of
  directors of a regional library system governed by applicable
  requirements of the Texas Business Corporation Act or the Texas
  Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
  Texas Civil Statutes).
         SECTION 15.  Section 441.160, Government Code, is amended to
  read as follows:
         Sec. 441.160.  REVISIONS TO RECORDS RETENTION SCHEDULES.
  The records retention schedules may be revised and the revisions
  take effect according to their terms when they are approved and
  adopted in the same manner as provided by Section 441.158.
  [However, editorial changes that do not substantively change the
  description of a record or its retention period and changes to
  retention periods as the result of changes to retention periods
  prescribed in a federal or state law, rule of court, or regulation
  do not require approval of the local government records committee
  before adoption.]
         SECTION 16.  Section 441.180(11), Government Code, is
  amended to read as follows:
               (11)  "State record" means any written, photographic,
  machine-readable, or other recorded information created or
  received by or on behalf of a state agency or an elected state
  official that documents activities in the conduct of state business
  or use of public resources. The term includes any recorded
  information created or received by a Texas government official in
  the conduct of official business, including officials from periods
  in which Texas was a province, colony, republic, or state. The term
  does not include:
                     (A)  library or museum material made or acquired
  and maintained solely for reference or exhibition purposes;
                     (B)  an extra copy of recorded information
  maintained only for reference; or
                     (C)  a stock of publications or blank forms.
         SECTION 17.  Sections 441.192(a), (b), and (c), Government
  Code, are amended to read as follows:
         (a)  The governing body of a state agency may demand the
  return of any state [government] record in the private possession
  of a person if the removal of the state record from the state agency
  or the agency's predecessor was not authorized by law.
         (b)  The director and librarian may demand the return of any
  state [government] record or archival state record [of permanent
  value] in the private possession of any person.
         (c)  If the person in possession of the state [government]
  record or archival state record refuses to deliver the record on
  demand, the director and librarian or the governing body of a state
  agency may ask the attorney general to petition a district court in
  Travis County for the recovery of the record as provided by this
  section. If the court finds that the record is a state [government]
  record or archival state record, the court shall order the return of
  the record to the custody of the state. As part of the petition or
  at any time after its filing, the attorney general may petition to
  have the record seized pending the determination of the court if the
  director and librarian or governing body finds the record is in
  danger of being destroyed, mutilated, altered, secreted, or removed
  from the state.
         SECTION 18.  Section 441.222, Government Code, is amended to
  read as follows:
         Sec. 441.222.  CREATION OF CONSORTIUM. The commission shall
  establish and maintain the TexShare consortium as a
  resource-sharing consortium operated as a program within the
  commission for libraries at institutions of higher education and[,]
  for public libraries, [and for] libraries of nonprofit
  corporations, and other types of libraries.
         SECTION 19.  Section 441.223, Government Code, is amended to
  read as follows:
         Sec. 441.223.  FINDINGS; PURPOSE AND METHODS. The
  legislature finds that it is necessary to assist libraries across
  the state [at public and private or independent institutions of
  higher education, public libraries, designated public school
  libraries, and libraries of nonprofit corporations] to promote the
  public good by achieving the following public purposes through the
  following methods:
               (1)  to promote the future well-being of the citizenry,
  enhance quality teaching and research excellence at institutions of
  higher education through the efficient exchange of information and
  the sharing of library resources, improve educational resources in
  all communities, and expand the availability of information about
  clinical medical research and the history of medicine;
               (2)  to maximize the effectiveness of library
  expenditures by enabling libraries to share staff expertise and to
  share library resources in print and in an electronic form,
  including books, journals, technical reports, and databases;
               (3)  to increase the intellectual productivity of
  students and faculty at the participating institutions of higher
  education by emphasizing access to information rather than
  ownership of documents and other information sources;
               (4)  to facilitate joint purchasing agreements for
  purchasing information services and encourage cooperative research
  and development of information technologies; and
               (5)  to enhance the ability of public schools to
  further student achievement and lifelong learning [through
  designated public school library participation in group purchasing
  agreements].
         SECTION 20.  Section 441.224(a), Government Code, is amended
  to read as follows:
         (a)  Membership in the consortium is open to all institutions
  of higher education, all public libraries that are members of the
  state library system, and all libraries of nonprofit corporations.
  The commission, by rule, may also admit other types of libraries as
  members or as affiliated members.
         SECTION 21.  Sections 441.226(a) and (b), Government Code,
  are amended to read as follows:
         (a)  The commission shall appoint an [eleven-member]
  advisory board to advise the commission on matters relating to the
  consortium. Composition of the board must be representative of the
  various types of libraries comprising the membership. At least two
  members must be representatives of the general public[, at least
  two members must be affiliated with a four-year public university
  in the consortium, at least two members must be affiliated with a
  public community college in the consortium, at least two members
  must be affiliated with a private institution of higher education
  in the consortium, and at least two members must be affiliated with
  a public library in the consortium]. Members of the advisory board
  must be qualified by training and experience to advise the
  commission on policy to be followed in applying this subchapter.
  Chapter 2110 does not apply to the composition of the advisory
  board.
         (b)  The commission [advisory board] shall adopt rules [meet
  regularly] regarding [consortium programs and plans at] the
  organization and structure [call] of the advisory board [board's
  chairman or of the director and librarian].
         SECTION 22.  Sections 441.229(b) and (c), Government Code,
  are amended to read as follows:
         (b)  The commission may designate [public school] libraries
  that may participate in group purchasing agreements provided to the
  consortium.  The commission by rule shall establish criteria for
  the participation.
         (c)  The commission may allow designated [public school]
  libraries to participate in a group purchasing agreement only to
  the extent that the commission may do so efficiently and [only] in a
  manner that enhances resource sharing [does not reduce] services to
  the consortium members.
         SECTION 23.  Section 441.230, Government Code, is amended to
  read as follows:
         Sec. 441.230.  GRANTS TO MEMBERSHIP INSTITUTIONS. To
  achieve the purposes of this subchapter, the commission may grant
  money to consortium members [institutions of higher education].
  The commission shall ensure that the commission or institutions in
  the consortium receive benefits that are sufficient to constitute
  fair value in return for any grant made by the commission. The
  commission shall require a recipient of a grant to report to the
  commission information relating to best practices and performance
  outcomes.
         SECTION 24.  Sections 323.005(b) and (d), Local Government
  Code, are amended to read as follows:
         (b)  [A person is not eligible for employment as a county
  librarian unless the person has first obtained from the Texas State
  Library and Archives Commission a county librarian's certificate of
  qualification. If a person has received the certificate and has
  served as a county librarian, further examination and certification
  by the commission is not required for employment or reemployment of
  the person as a county librarian.] Before beginning to perform
  duties, a person employed as county librarian must file with the
  county clerk the official oath and, at the discretion of the
  commissioners court, execute a bond conditioned that the person
  will faithfully perform the duties of the position. The bond must
  be in an amount determined by the commissioners court and must be
  purchased from sufficient sureties approved by the county judge.
         (d)  On or before March 31 [October 1] of each year, the
  county librarian shall report to the commissioners court and the
  state librarian on the operation of the county library during the
  previous fiscal year [ending on the preceding August 31]. The
  report must be made on a form furnished by the state librarian and
  must contain a statement of the condition of the library and a
  statement of its operation during the year and must contain
  financial and book statistics customarily kept by well-regulated
  libraries.
         SECTION 25.  Section 323.011(b), Local Government Code, is
  amended to read as follows:
         (b)  The contract must provide that the established library
  assume the functions of a county library within the county,
  including municipalities in the county[, and must provide that the
  librarian of the established library hold or secure a county
  librarian's certificate from the Texas State Library and Archives
  Commission]. The commissioners court may contract to pay annually
  to the established library out of the general fund of the county an
  amount on which the parties may agree.
         SECTION 26.  The following provisions of the Government Code
  are repealed:
               (1)  Sections 441.122(3) and (5);
               (2)  Sections 441.130(c), (d), (e), and (f);
               (3)  Section 441.133;
               (4)  Section 441.134;
               (5)  Sections 441.136(b) and (c);
               (6)  Section 441.139;
               (7)  Section 441.158(d);
               (8)  Section 441.161;
               (9)  Section 441.162;
               (10)  Section 441.163;
               (11)  Section 441.164;
               (12)  Section 441.165; and
               (13)  Sections 441.226(c) and (e).
         SECTION 27.  The changes in law made by this Act to Sections
  441.180 and 441.192, Government Code, apply retroactively and apply
  to all state records regardless of when the records were removed
  from the custody of this state.
         SECTION 28.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3756 was passed by the House on April
  28, 2009, by the following vote:  Yeas 149, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3756 was passed by the Senate on May
  21, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor