HBA-TYH H.B. 1433 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1433 By: Hunter State, Federal & International Relations 5/27/1999 Enrolled BACKGROUND AND PURPOSE TexShare is a cooperative library resource-sharing program designed to facilitate the sharing of a variety of library resources such as books, journals, technical reports, databases, and staff expertise among participating universities, four year colleges, community colleges, and health institutions in Texas. The intent of the TexShare program is to increase the intellectual productivity of students and faculty at these institutions by emphasizing access to information rather than ownership of documents and other information sources. To do this, the TexShare program facilitates jointpurchase/license agreements of digital information resources for libraries in institutions of higher education, sharing those and other library resources among all participating libraries. Last session, H.B. 2721 enacted several measures pertaining to the current TexShare program. First, it added TexShare to the statutes and transferred the responsibility for the TexShare program from the Texas Higher Education Coordinating Board to the Texas State Library and Archives Commission (commission). In addition, the bill expanded the current TexShare cooperative library resource-sharing program from four year public colleges and universities to include private independent colleges and universities and public and private community colleges. With that expansion, students and faculty have access to the library resources of literally every college and university in the state. Public libraries across the state have shown interest in becoming participants in the TexShare library resource-sharing program. This expansion is feasible, but it will take additional appropriations to accommodate the large addition to the program's membership. Since TexShare was initially started to enhance resource sharing at academic libraries, the current TexShare members have shown concern that current services will be diluted by an influx of new members from the public libraries without additional appropriations. H.B. 1433 gives the commission statutory authority to broaden the TexShare program to include public libraries throughout the state, if additional funding is appropriated to the TexShare program. The bill also authorizes the commission to enter into group purchasing agreements under which discounted materials or services may be obtained. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 441.201, 441.202, 441.203, 441.204, 441.206, and 441.209, Government Code, as added by Section 1, Chapter 250, Acts of the 75th Legislature, Regular Session, 1997, as follows: Sec. 441.201. New title: DEFINITIONS. Adds the definitions of "commission" and "public library" to the original list of definitions. Makes conforming changes. Sec. 441.202. CREATION OF CONSORTIUM. Includes public libraries within the requirement that the Texas State Library and Archives Commission (commission) 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. Sec. 441.203. FINDINGS; PURPOSE AND METHODS. Includes improving educational resources in all communities along with other listed methods of promoting public good. Makes conforming changes. Sec. 441.204. MEMBERSHIP; FEES. Provides that membership in the consortium is open to all public libraries that are members of the state library system as well as to all institutions of higher education. Authorizes establishment of categories of consortium services and assessment of different fees to members for different categories of consortium services. Makes conforming changes. Sec. 441.206. ADVISORY BOARD. Requires the commission to appoint an elevenmember, rather than a nine-member, advisory board. Provides that at least two members must be representatives of the general public, rather than public members, and at least two members must be affiliated with a public library in the consortium, in addition to other specifications for members. Provides that Chapter 2110 (State Agency Advisory Committees), rather than Article 6252-33, V.T.C.S. (Repealed by Section 16.01(b), Chapter 165, Acts of the 75th Legislature, Regular Session, 1997), does not apply to the composition of the advisory board. Deletes the requirement that the advisory board elect a secretary. Makes conforming changes. Sec. 441.209. GROUP PURCHASING AGREEMENTS. Authorizes the commission to enter into group purchasing agreements on behalf of members of the consortium under which materials or services may be obtained at discount rates by two or more libraries if the commission determines that the agreements offer the most cost-effective method of purchasing materials or services for members of the consortium. Makes conforming and nonsubstantive changes. SECTION 2. Amends Section 2155.139(a), Government Code, to provide that Section 2155.061 (Commission Purchasing System) does not apply to an acquisition if, among other specified conditions, the acquisition is for a library or resource-sharing program operated by the commission and the goods or services acquired are serial and journal subscriptions, including electronic databases and information products. Makes conforming changes. SECTION 3. Requires the commission to expand the TexShare library consortium to include public libraries only if the commission may efficiently do so with the appropriations made to the commission and in a manner that does not reduce services to academic libraries as a result of the expansion. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause.