Office of House Bill AnalysisH.B. 1433
By: Hunter
State, Federal & International Relations


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. 


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 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.