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