reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter F. Maintenance and Disposition of Certain County Records › Section 441.091. Definition

Sec. 441.091.  DEFINITION.  In this subchapter, "county record" means any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by a county or precinct or any county or precinct officers or employees, including the district clerk, pursuant to law, including an ordinance or order of the commissioners court of the county, or in the transaction of public business.  The term does not include:
(1)  extra identical copies of documents created only for convenience of reference or research by county or precinct officers or employees;
(2)  notes, journals, diaries, and similar documents created by a county or precinct officer or employee for the officer's or employee's personal convenience;
(3)  blank forms;
(4)  stocks of publications;
(5)  library and museum materials acquired solely for the purposes of reference or display;
(6)  copies of documents in any media furnished to members of the public to which they are entitled under Chapter 552, or other state law;  or
(7)  any records, correspondence, notes, memoranda, or documents, other than a final written agreement described by Section 2009.054(c), associated with a matter conducted under an alternative dispute resolution procedure in which personnel of a state department or institution, local government, special district, or other political subdivision of the state participated as a party, facilitated as an impartial third party, or facilitated as the administrator of a dispute resolution system or organization.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 123, Sec. 1, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(96), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 31, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1352, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter F. Maintenance and Disposition of Certain County Records › Section 441.094. Records Schedule and Implementation Plan

Sec. 441.094.  RECORDS SCHEDULE AND IMPLEMENTATION PLAN.  (a)  Repealed by Acts 1989, 71st Leg., ch. 1248, Sec. 85(3), eff. Sept. 1, 1989.
(b)  A records schedule must:
(1)  contain a list by record title of the county records to be scheduled;  and
(2)  prescribe a minimum retention period for each record that is at least as long as that prescribed by law or the county records manual or state that a retention period for the record will be assigned later.
(c)  A records schedule may:
(1)  contain a list of all of the county records kept by the custodian or a list of only those records to be scheduled;  and
(2)  contain a list of material that is excluded from the definition of county record by Section 441.091 and that is kept by the custodian, with retention periods assigned by the custodian.
(d)  A custodian may amend a records schedule or implementation plan.
(e)  Repealed by Acts 2019, 86th Leg., Ch. 533, (H.B. 1962), Sec. 20(a)(1), eff. September 1, 2019.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 123, Sec. 2, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 20(a)(1), eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter F. Maintenance and Disposition of Certain County Records › Section 441.0945. Disposition of Scheduled Records

Sec. 441.0945.  DISPOSITION OF SCHEDULED RECORDS.  (a)  A county record may be destroyed if the record is listed on a valid records schedule and implementation plan and either its retention period has expired or it has been microfilmed or stored electronically in accordance with applicable law.
(b)  The retention period of a record as listed on the records schedule and implementation plan must be at least as long as the retention period for the record established on a records retention schedule issued by the commission.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 20(a)(2), eff. September 1, 2019.
Added by Acts 1989, 71st Leg., ch. 123, Sec. 3, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 6, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 20(a)(2), eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter F. Maintenance and Disposition of Certain County Records › Section 441.095. Disposition of Unscheduled Records

Sec. 441.095.  DISPOSITION OF UNSCHEDULED RECORDS.
(a)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 20(a)(3), eff. September 1, 2019.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 20(a)(3), eff. September 1, 2019.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 20(a)(3), eff. September 1, 2019.
(d)  A custodian may dispose of a county record that is not listed on a records retention schedule issued by the commission if, not later than the 10th day before the date the record is destroyed, the custodian files and records a notice with the county clerk.  The notice must indicate the record to be destroyed, how it is to be destroyed, and the date of its destruction.  On the day the notice is filed, the county clerk shall post a copy of it in the same manner that a notice of a meeting is posted under Chapter 551.
(e)  The custodian may destroy the record at any time after the notice required by Subsection (d) has been posted for 10 days by the county clerk.
(f)  A county record may be destroyed only by sale or donation for recycling purposes, shredding, burning, burial in a landfill, or pulping.
(g)  A person is not civilly liable for destruction of a record in accordance with this subchapter.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 123, Sec. 4, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(79), eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 7, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 533 (H.B. 1962), Sec. 20(a)(3), eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter G. State Publications › Section 441.101. Definitions

Sec. 441.101.  DEFINITIONS.  In this subchapter:
(1)  "Commission" means the Texas State Library and Archives Commission.
(2)  "Depository library" means the Texas State Library, the Legislative Reference Library, the Library of Congress, the Center for Research Libraries, or any other library that the commission designates as a site for retaining and allowing public access to state publications.
(3)  "State agency" means a state office, officer, department, division, bureau, board, commission, legislative committee, authority, institution, substate planning bureau, university system, institution of higher education as defined by Section 61.003, Education Code, or a subdivision of one of those entities.
(4)  "State publication":
(A)  means information in any format, including materials in a physical format or in an electronic format, that:
(i)  is produced by the authority of or at the total or partial expense of a state agency or is required to be distributed under law by the agency; and
(ii)  is publicly distributed outside the agency by or for the agency; and
(B)  does not include information the distribution of which is limited to:
(i)  contractors with or grantees of the agency;
(ii)  persons within the agency or within other government agencies; or
(iii)  members of the public under a request made under the open records law, Chapter 552.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 86, Sec. 15, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1124 (H.B. 2473), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter G. State Publications › Section 441.102. Distribution of State Publications

Sec. 441.102.  DISTRIBUTION OF STATE PUBLICATIONS.  (a)  The commission by rule shall establish procedures for the distribution of state publications to depository libraries and for the retention of those publications.
(b)  The commission may enter into a contract with a depository library under which the depository library receives all or part of the state publications that are distributed.
(c)  The commission shall establish and maintain a system, named the "Texas Records and Information Locator," or "TRAIL," to allow electronic access, including access through the Internet, at the Texas State Library and other depository libraries to state publications that have been made available to the public through the Internet by or on behalf of a state agency.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 86, Sec. 16, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1124 (H.B. 2473), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter G. State Publications › Section 441.103. State Agency Duties

Sec. 441.103.  STATE AGENCY DUTIES.  (a)  A state agency shall designate one or more staff persons as agency publications liaisons and shall notify the Texas State Library of those persons' identities.  A publications liaison shall maintain a record of the agency's state publications and shall furnish to the Texas State Library a list of the agency's new state publications as they become available.
(b)  A state agency shall furnish copies of its state publications that exist in a physical format to the Texas State Library in the number specified by commission rules.  On the creation of or awarding of a contract for the production of a publication in a physical format, a state agency shall arrange for the required number of copies to be deposited with the Texas State Library.  The commission may not require more than 75 copies of a state publication in a physical format.
(c)  On the release of a state publication in an electronic format and for the purpose of further distribution of the publication, a state agency shall provide the Texas State Library:
(1)  on-line access to the publication;  or
(2)  copies of the publication on an electronic external storage device in the number of copies prescribed by the commission but not to exceed 75.
(d)  If a state agency is allowing public on-line access to a state publication, the agency shall also provide the Texas State Library with at least one free on-line connection to the agency's state publications that can be accessed on-line.  The connection must:
(1)  be provided in the form and manner prescribed by the director and librarian;  and
(2)  be compatible with applicable standards prescribed by the Department of Information Resources.
(e)  Each state publication shall clearly reflect the date that the state publication is produced or initially distributed by a state agency in a conspicuous location at or near the beginning of the publication.
(f)  A state agency shall include, for any of its publications available on the Internet, identifying and descriptive information about the publication as specified by commission and Department of Information Resources rules.
(g)  If an electronic state publication is not printed or available from the state agency's website, the state agency shall furnish the Texas State Library copies in a manner prescribed by commission rules.  The commission may not require more than 75 copies of the publication.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 86, Sec. 17, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 762, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1124 (H.B. 2473), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter G. State Publications › Section 441.1035. State Publications Distributed in Physical Format; Notice; Online Availability

Sec. 441.1035.  STATE PUBLICATIONS DISTRIBUTED IN PHYSICAL FORMAT; NOTICE; ONLINE AVAILABILITY.  (a)  A state agency that distributes by subscription a state publication in a physical format, such as paper, tape, or disk, and without a fee or other cost to the subscriber shall make the publication accessible in an electronic format from the agency's Internet website.
(b)  When distributing a state publication in a physical format, a state agency that makes the publication accessible on its Internet website must inform each subscriber to the publication that the subscriber may, instead of receiving a physical copy, access the publication at the agency's Internet website.
(c)  If a subscriber prefers to access a publication at the state agency's Internet website and notifies the agency of that preference, the agency shall:
(1)  remove the subscriber from the distribution list for that publication; and
(2)  notify the subscriber electronically each time the publication becomes available at the agency's Internet website and provide an electronic link to the publication.
Added by Acts 2005, 79th Leg., Ch. 20 (H.B. 423), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter G. State Publications › Section 441.104. Duties of Texas State Library

Sec. 441.104.  DUTIES OF TEXAS STATE LIBRARY.  The Texas State Library shall:
(1)  acquire, organize, retain, and provide access to state publications;
(2)  collect state publications and distribute them to depository libraries;
(3)  establish a program for the preservation and management of state publications and make available state publications in alternative formats to depository libraries and other libraries at a reasonable cost;
(4)  periodically issue a list of all state publications that it has received in a physical format to all depository libraries and other libraries on request;
(5)  catalog, classify, and index all state publications that it receives and distribute the cataloging, classification, and indexing information to depository libraries and to other libraries on request;
(6)  ensure that state publications are fully represented in regional and national automated library networks;
(7)  index all state publications that are available through the Internet and make the index available through the Internet; and
(8)   provide other depository libraries appropriate access, at no charge, to state publications available in an electronic format.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 86, Sec. 18, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1124 (H.B. 2473), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter G. State Publications › Section 441.105. Exempt Publications

Sec. 441.105.  EXEMPT PUBLICATIONS.  The state librarian may specifically exempt a publication or a distribution format from this subchapter.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 86, Sec. 19, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter G. State Publications › Section 441.106. Payment for Printing of State Publications

Sec. 441.106.  PAYMENT FOR PRINTING OF STATE PUBLICATIONS.  If a state agency's printing is done by contract, an account for the printing may not be approved and a warrant may not be issued unless the agency first furnishes to the comptroller a receipt from the state librarian for the publication or a written waiver from the state librarian exempting the publication from this subchapter.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 1124 (H.B. 2473), Sec. 5, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.46, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter H. Print Access AIDS for Persons With Visual Disabilities › Section 441.111. Definitions

Sec. 441.111.  DEFINITIONS.  In this subchapter:
(1)  "Print access aid" means an item, piece of equipment, or product system that improves or facilitates access to standard print by enlarging or magnifying print, or by electronically converting print to spoken, recorded, or tactile format.
(2)  "Public library" has the meaning assigned by Section 441.122.
(3)  "Standard print" means text that appears on paper, microfilm, microfiche, or other microformat, or in machine-readable form, in a type size smaller than 14 points.
(4)  "State library" means the Texas State Library.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 11.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter H. Print Access AIDS for Persons With Visual Disabilities › Section 441.112. Print Access AIDS in Public Libraries

Sec. 441.112.  PRINT ACCESS AIDS IN PUBLIC LIBRARIES.  (a)  To make its services and collections more accessible, a public library may make a print access aid available for use by a person who cannot clearly read printed material because of a visual disability.
(b)  If funds from a gift or grant are available for that purpose, the state library may acquire and lend at no cost print access aids to a public library.
(c)  For a public library to be eligible to receive a print access aid under Subsection (b), a community need for the aid must exist.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 11.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter H. Print Access AIDS for Persons With Visual Disabilities › Section 441.113. Training and Information

Sec. 441.113.  TRAINING AND INFORMATION.  The state library may provide to a library requesting or receiving a print access aid under this subchapter technical assistance, including assistance in:
(1)  explaining to library employees the function of a print access aid;
(2)  assessing local needs for use of a print access aid;
(3)  providing to library employees training and information in the use of a print access aid;
(4)  preparing and distributing public information regarding the availability and location of a print access aid;  and
(5)  providing assistance in developing policies and guidelines for use of an aid.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 11.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter H. Print Access AIDS for Persons With Visual Disabilities › Section 441.114. Maintenance of Equipment

Sec. 441.114.  MAINTENANCE OF EQUIPMENT.  The state library may pay the maintenance or repair cost of a print access aid supplied to a library under this subchapter out of funds available to the library from gifts or grants for that purpose.  If the state library cannot pay the maintenance or repair cost of an aid, the library receiving the aid may pay the maintenance or repair cost or return the aid to the state library.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 11.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter H. Print Access AIDS for Persons With Visual Disabilities › Section 441.115. Relocation

Sec. 441.115.  RELOCATION.  The state library shall review each library that receives a print access aid under this subchapter once every two years to determine whether to relocate an aid provided to that library.  The state library shall make a relocation decision based on population shifts, the use of the equipment, and community need.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 11.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter H. Print Access AIDS for Persons With Visual Disabilities › Section 441.116. Funding

Sec. 441.116.  FUNDING.  (a)  The requirements of this subchapter for the provision and placement of print access aids by the state library are contingent on the receipt of gifts or grants for the state library to purchase, maintain, and repair the print access aids.  If the state library's funds are not sufficient to place and maintain a print access aid in a library that may need an aid, the state library shall make a placement decision for any available aid based on demonstrated community need and local support provided by a library.
(b)  Money from the general revenue fund may not be appropriated to implement this subchapter.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 11.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter I. Library Systems › Section 441.121. Short Title

Sec. 441.121.  SHORT TITLE.  This subchapter may be cited as the Library Systems Act.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter I. Library Systems › Section 441.122. Definitions

Sec. 441.122.  DEFINITIONS.  In this subchapter:
(1)  "Accreditation of libraries" means the evaluation and rating of libraries according to commission accreditation standards.
(2)  "Accreditation standards" means the criteria established by the commission that a library must meet to be accredited and eligible for membership in a major resource system.
(3)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 983, Sec. 26(1), eff. September 1, 2009.
(4)  "Commission" means the Texas State Library and Archives Commission.
(5)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 983, Sec. 26(1), eff. September 1, 2009.
(6)  "Governing body" means the body having power to authorize a library to join, participate in, or withdraw from a library system.
(7)  "Interlibrary contract" means a written agreement between two or more libraries to cooperate, consolidate, or receive one or more services.
(8)  "Library board" means the body that has the authority to give administrative direction or advisory counsel to a library or library system.
(9)  "Library system" means two or more public libraries cooperating in a system approved by the commission to improve library service and to make their resources accessible to all residents of the area the libraries serve.
(10)  "Major resource center" means a large public library that is designated by the commission as the central library of a major resource system for cooperative service with other libraries in the system.
(11)  "Major resource system" means a network of libraries attached to a major resource center.
(12)  "Public library" means a library that is operated by a single public agency or board, that is freely open to all persons under identical conditions, and that receives its financial support in whole or part from public funds.
(13)  "Regional library system" means a network of libraries established under this subchapter.
(14)  "State library system" means a network of library systems, interrelated by contract, for the purpose of organizing library resources and services for research, information, and recreation to improve statewide library service and to serve collectively the entire population of the state.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 155, Sec. 1, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 86, Sec. 20, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 6, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 26(1), eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter I. Library Systems › Section 441.123. Establishment of State Library System

Sec. 441.123.  ESTABLISHMENT OF STATE LIBRARY SYSTEM.  The commission shall establish and develop a state library system.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter I. Library Systems › Section 441.124. Advisory Board

Sec. 441.124.  ADVISORY BOARD.  (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.
(b)  The term of office of a board member is three years.
(c)  The board shall meet at least once a year.  The commission may call other meetings during the year.
(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.
(e)  A vacancy shall be filled for the remainder of the unexpired term in the same manner as an original appointment.
(f)  A member may not serve more than two consecutive terms.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 7, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter I. Library Systems › Section 441.125. Plan of Service

Sec. 441.125.  PLAN OF SERVICE.  The director and librarian shall submit an annual plan for the development of the state library system for review by the advisory board and approval by the commission.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter I. Library Systems › Section 441.126. Authority to Establish Systems

Sec. 441.126.  AUTHORITY TO ESTABLISH SYSTEMS.  The commission may establish and develop major resource systems or regional library systems in conformity with the plan for a state library system as provided by this subchapter.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 155, Sec. 2, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 8, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter I. Library Systems › Section 441.127. Membership in System

Sec. 441.127.  MEMBERSHIP IN SYSTEM.  (a)  To be eligible for membership in a major resource system or regional library system a library must be accredited by the commission as having met the accreditation standards established by the commission.
(b)  To meet population change, economic change, and changing service strengths of member libraries, a major resource system may be reorganized, merged with another major resource system, or partially transferred to another major resource system by the commission with the approval of the majority of the appropriate governing bodies of the libraries comprising the system.  A regional library system may be reorganized, divided, dissolved, or merged into another regional library system in a manner provided by bylaws of the corporation operating the system or by contract between the member libraries and the managing authority of the system.
(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 plan of service for the major resource system made in consultation with the advisory council.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 155, Sec. 3, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 9, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter I. Library Systems › Section 441.1271. Extending Membership of Systems to Certain Nonpublic Libraries

Sec. 441.1271.  EXTENDING MEMBERSHIP OF SYSTEMS TO CERTAIN NONPUBLIC LIBRARIES.  (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;
(4)  accredited nonpublic elementary or secondary schools; or
(5)  special or research libraries.
(b)  The decision to extend major resource system membership under Subsection (a) must be:
(1)  made in accordance with the bylaws of the library  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 of its governing body or designee.
(d)  The commission may terminate the membership of a library that is not a public library and that joined a major resource system under this section if the library  loses its accreditation by ceasing to meet the minimum standards established by the commission.
(e)  A library that joins a major resource system under this section must agree to loan materials without charge to users of other libraries in the system.
(f)  A major resource system that has extended its membership to some but not all of the types of libraries described by Subsection (a) may extend its membership to one or more of the remaining types of libraries described by Subsection (a).  A decision under this subsection must be made and approved in the manner prescribed for a decision under Subsection (b).
Added by Acts 1995, 74th Leg., ch. 86, Sec. 21, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 10, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 11, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter I. Library Systems › Section 441.128. Operation and Management

Sec. 441.128.  OPERATION AND MANAGEMENT.  (a)  Governing bodies within a major resource system area or regional library system area may join in the development, operation, and maintenance of the system and appropriate and allocate funds for its support.
(b)  Governing bodies of political subdivisions of the state may negotiate separately or collectively a contract with the governing bodies of member libraries of a major resource system or regional library system for all library services or for those services defined in the contract.
(c)  On petition of 10 percent of the persons qualified to vote in the most recent general election of a county or municipality within a major resource system service area or a regional library system service area, the governing body of that political subdivision shall call an election to vote on the question of whether or not the political subdivision shall establish contractual relationships with the system.
(d)  The governing body of a major resource center, the governing body or managing authority of a regional library system, and the commission may enter into agreements with the governing bodies of other libraries, including other public libraries, school libraries and media centers, academic libraries, technical information and research libraries, or systems of those libraries, to provide or receive specialized resources and services.  The commission shall coordinate and encourage the dissemination of specialized resources and services and may adopt rules for the contracts and agreements authorized by this subsection.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter I. Library Systems › Section 441.129. Withdrawal From System

Sec. 441.129.  WITHDRAWAL FROM SYSTEM.  (a)  The governing body of a political subdivision of the state may by resolution or ordinance withdraw from a major resource system.  The governing body must give notice of withdrawal not later than the 90th day before the end of the state fiscal year.
(b)  The provision for termination of all or part of a major resource system does not prohibit revision of the system by the commission, with the approval of the majority of the appropriate governing bodies, by reorganization, by transfer of part of the system, or by merger with other systems.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter I. Library Systems › Section 441.130. Advisory Council

Sec. 441.130.  ADVISORY COUNCIL.  (a)  Each major resource system has an advisory council composed of not more than 12 members representing the member libraries of the system.
(b)  The commission shall adopt rules to provide guidance to 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.
(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 983, Sec. 26(2), eff. September 1, 2009.
(d)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 983, Sec. 26(2), eff. September 1, 2009.
(e)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 983, Sec. 26(2), eff. September 1, 2009.
(f)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 983, Sec. 26(2), eff. September 1, 2009.
(g)  The council shall serve as a liaison agency between the member libraries and their governing bodies and library boards to:
(1)  advise in the formulation of the annual plan for service to be offered by the system;
(2)  recommend policies appropriate to services needed;
(3)  evaluate services received;
(4)  counsel with administrative personnel;  and
(5)  recommend functions and limitations of contracts between cooperating agencies.
(h)  The functions of the advisory council do not diminish the powers of a local library board.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 12, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 26(2), eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter I. Library Systems › Section 441.131. Regional Library System

Sec. 441.131.  REGIONAL LIBRARY SYSTEM.  (a)  The governing bodies of two-thirds of the member libraries of a major resource system may elect, for the purpose of administering the receipt and dispersal of services under this subchapter within their area, to form a regional library system that includes all libraries that are members of the major resource system.
(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 of higher education;
(3)  a unit of local, state, or federal government;
(4)  an accredited nonpublic elementary or secondary school; or
(5)  a special or research library.
(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.
(c)  To ensure the sound management and viability of regional library systems, the commission shall include in its rules provisions stipulating a cash reserve requirement for regional library systems.  To enable the accumulation of sufficient reserves for the sole purpose of cash flow management, regional library systems may retain up to five percent of their annual system operation grant general revenue funds from year to year until the commission's reserve requirement is satisfied.  These funds must be held in a federally insured account and the commission may provide for periodic reporting of the funds and their inclusion in the annual audit.  Interest earned on these funds shall be retained in this account and shall be subject to the same terms and reporting as the corpus.  These funds remain the property of the state, and if the commission ceases to contract with a regional library system, such funds must be fully and promptly returned as provided by this section.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 155, Sec. 4, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 213, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 13, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter I. Library Systems › Section 441.132. Major Resource Centers

Sec. 441.132.  MAJOR RESOURCE CENTERS.  (a)  The commission may designate major resource centers from existing public libraries according to criteria approved by the commission and agreed to by the governing body of the library involved.  The governing body of a library designated as a major resource center may accept the designation by resolution or ordinance stating the type of service to be given and the area to be served.
(b)  The commission may revoke the designation of a major resource center that ceases to meet the criteria for a major resource center or that fails to comply with obligations stated in the resolution or ordinance agreements.  The commission shall provide a fair hearing on request of the major resource center.
(c)  Funds allocated by governing bodies contracting with the major resource center and funds contributed from state grants for the purposes of this subchapter shall be deposited with the governing body operating the major resource center following procedures agreed to by the contributing agency.
(d)  The powers of the governing board of the major resource center do not diminish the powers of local library boards.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter I. Library Systems › Section 441.135. Grants

Sec. 441.135.  GRANTS.  (a)  Using state, federal, or other funds, the commission shall establish a program of grants within the limitations of funds appropriated by the legislature.  The commission shall adopt by rule the guidelines for awarding grants.
(b)  The program of grants shall include one or more of the following:
(1)  system operation grants, to:
(A)  provide basic system support services to member libraries;
(B)  provide coordination and enable cooperation with the commission and with other libraries in a region; and
(C)  meet commission and federal goals;
(2)  incentive grants, to encourage public libraries to join together into larger units of service to meet commission and federal goals;
(3)  establishment grants, to help libraries establish consortia or cooperatives that will enable libraries to better serve their communities;
(4)  equalization grants, to help public libraries in communities with relatively limited taxable resources to meet commission and federal goals and qualify for library system membership;
(5)  public information technology grants, to help public libraries make state, local, and federal government information that is accessible through the Internet available to the public through computers;
(6)  competitive grants, to promote innovation by public libraries and by libraries described by Section 441.1271(a) and to encourage major resource systems or regional library systems and libraries to meet commission and federal goals; and
(7)  grants to aid local libraries, to provide assistance to public libraries, and to help those libraries meet commission and federal goals.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 155, Sec. 5, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 988, Sec. 1, 2, eff. Aug. 28, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 251 (S.B. 913), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter I. Library Systems › Section 441.136. Rules

Sec. 441.136.  RULES.  (a)  The director and librarian, with the advice of the advisory board, shall propose rules necessary to the administration of the program of state grants, including qualifications for major resource system membership.  The rules shall be proposed and adopted according to Chapter 2001.
(b)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 983, Sec. 26(5), eff. September 1, 2009.
(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 983, Sec. 26(5), eff. September 1, 2009.
(d)  The commission shall include requirements in its rules to ensure that 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).
(e)  The commission shall include in its rules provisions necessary to ensure compliance with the standard financial management conditions developed under Chapter 783 with regard to the purchasing of library materials and equipment.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 78, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 14, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 983 (H.B. 3756), Sec. 26(5), eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter I. Library Systems › Section 441.137. Administration

Sec. 441.137.  ADMINISTRATION.  The director and librarian shall administer the program of state grants and shall make public the rules adopted by the commission.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter I. Library Systems › Section 441.138. Funding

Sec. 441.138.  FUNDING.  (a)  The commission may use funds appropriated by the legislature for personnel and other administrative expenses necessary to carry out the provisions of this subchapter.
(b)  Libraries and library systems may use state grants for materials, personnel, equipment, administrative expenses, and financing programs that enrich the services and materials offered a community by its public library.  State grants may not be used for site acquisition, construction, acquisition of buildings, or payment of past debts.
(c)  State aid to a free tax-supported public library is a supplement to and not a replacement of local support.
(d)  The commission by rule shall adopt a formula for distributing system operation grants among the major resource systems and regional library systems.  The formula must include funding for basic system support services.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 251 (S.B. 913), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle D - History, Culture, and Education › Chapter 441 - Libraries and Archives › Subchapter I. Library Systems › Section 441.1381. Competitive Grants; System Operation Grants

Sec. 441.1381.  COMPETITIVE GRANTS; SYSTEM OPERATION GRANTS.  (a)  The commission shall design and implement a competitive grant program described by Section 441.135(b)(6) and shall require a recipient of a competitive grant to report to the commission information relating to best practices and performance outcomes.
(b)  The commission shall continue to provide system operation grants to major resource systems and regional library systems.  The commission may not award system operation grants through a competitive process.
Added by Acts 2007, 80th Leg., R.S., Ch. 251 (S.B. 913), Sec. 7, eff. September 1, 2007.