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TITLE 13CULTURAL RESOURCES
PART 1TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CHAPTER 8TEXSHARE LIBRARY CONSORTIUM
RULE §8.3Consortium Membership and Affiliated Membership

(a) Nonprofit library collective petition for membership or affiliated membership status:

  (1) A nonprofit library collective that meets the following criteria may petition the Director and Librarian for affiliated membership status. The Director and Librarian will review the petition to determine that all the following criteria are met. Based upon the findings of the review, the Director and Librarian will either grant or deny the petition.

    (A) The nonprofit library collective's affiliation with the consortium is funded by the nonprofit libraries comprising the collective or by a sustainable funding source.

    (B) The nonprofit library collective has a designated institution or organization authorized to petition the agency on behalf of and to speak on its behalf with regards to membership eligibility issues.

    (C) The nonprofit library collective's affiliation will enhance resource-sharing services to the consortium members.

  (2) A nonprofit library collective that meets the following criteria may petition the Director and Librarian for membership status in the consortia. The Director and Librarian will review the petition to determine that all the following criteria are met. Based upon the findings of the review, the Director and Librarian will either grant or deny the petition.

    (A) The nonprofit library collective has had affiliated membership status in the consortium for a minimum of two years.

    (B) During its affiliation with TexShare, members of the nonprofit library collective have participated in two or more TexShare programs.

    (C) The nonprofit library collective's membership in the consortium is supported through sustainable funding.

    (D) The nonprofit library collective's membership will enhance resource-sharing services to the consortium members.

(b) Eligibility of individual institutions or libraries:

  (1) Affiliated membership is open to nonprofit libraries meeting the following requirements:

    (A) The nonprofit library is a member of a nonprofit library collective that has successfully petitioned the Director and Librarian for affiliated membership status.

    (B) The nonprofit library certifies that it meets the minimum standards of accreditation established for the nonprofit library collective in its petition for affiliated membership status.

    (C) The nonprofit library certifies that it will abide by the funding requirements established for the nonprofit library collective in its petition for affiliated membership status.

  (2) Membership in the consortium is open to all institutions of higher education as determined by the Texas Higher Education Coordinating Board, and realized through the libraries that serve those institutions, to libraries of clinical medicine, and to all public libraries that are members of the state library system, as defined in Government Code, §441.127.

  (3) Membership in the consortium is open to nonprofit libraries meeting the following requirements:

    (A) The nonprofit library is a member of a nonprofit library collective that has successfully petitioned the Director and Librarian for membership status.

    (B) The nonprofit library provides certification that it meets the minimum standards of accreditation established for the nonprofit library collective in its petition for membership status.

(c) Agreement. Public libraries will be TexShare Members so long as they remain members of the state library system. Institutions of higher education, libraries of clinical medicine, and nonprofit libraries must file a membership agreement, signed by a duly authorized administrative official, on joining the consortium. Affiliated member libraries must file an affiliated membership agreement specifying in which programs of the consortium they may participate and any limitations to participation that will apply. Participation in specific programs of the consortium may require additional agreements and fees.

(d) Annual Report Survey. Libraries of member institutions of higher education, member libraries of clinical medicine, and member and affiliated member libraries of nonprofit library collectives shall file a current and complete annual report survey for the preceding year with the commission by January 15 of each year. Public libraries shall file their state library system reports as required by §1.85 of this title (relating to Annual Report).

(e) Multiple Libraries. For institutions of higher education, the unit of membership in the TexShare Library Consortium shall be the institution. Institutions of higher education, as determined by the Texas Higher Education Coordinating Board, with libraries in multiple locations shall apply as a single unit. Community colleges shall apply per their certification by the Texas Higher Education Coordinating Board, in accordance with Government Code §61.063. Public libraries with branches shall apply as a single unit. For libraries of clinical medicine, the unit of membership shall be the non-profit corporation; those having multiple locations shall apply as a single unit. The various locations served by a non-profit corporation must be fully governed and owned by that non-profit corporation in order to qualify under the non-profit corporation's membership. Non-profit corporations that amalgamate other, independently-administered organizations that are not fully governed and owned by that nonprofit corporation must submit a separate membership application for each independent organization regardless of any pooled or central funding. For nonprofit library collectives, the unit of membership or affiliated membership shall be determined during the petitioning process.

(f) Suspension of membership.

  (1) Institutions of higher education, libraries of clinical medicine, and nonprofit libraries: Membership or affiliated membership will be automatically renewed for each state fiscal year, provided that the library of clinical medicine, nonprofit library, or institution of higher education continues to meet the definition required in subsection (b) of this section; and an annual report survey has been filed as required by subsection (d) of this section.

  (2) Public libraries: Public libraries shall remain TexShare members so long as they remain members of the state library system.

  (3) Institutions of higher education, libraries of clinical medicine, nonprofit libraries, and public libraries that no longer meet the definition in subsection (b) of this section, or are otherwise not qualified, will be suspended from membership or affiliated membership. They may re-join TexShare when they meet the definition in subsection (b) of this section.

(g) Members, affiliated members, and public school libraries may receive services or be assessed fees based on demographic, financial, or other information, as reflected in the latest statistics from the National Center for Educational Statistics, the Texas Higher Education Coordinating Board, the Independent Colleges and Universities of Texas, the Texas Education Agency, the most current statistical data reported to the commission in the Texas academic library survey, the Texas public library annual report (filed as required by subsection (d) of this section), or from statistical information received directly from the member, affiliated member, or public school library and certified by the member, affiliated member, or public school library as accurate.

(h) Fees. Some consortium services are supported by fees paid by participants. Fees will be set by the Director and Librarian for different categories of consortium services, in consideration of the costs involved in providing these services to member libraries, affiliated members, and public school libraries.

(i) Complaints regarding fee assessments, denial of membership, or denial of affiliated membership will be processed in accordance with procedures outlined in §2.55 of this title (relating to Protest Procedure).


Source Note: The provisions of this §8.3 adopted to be effective June 24, 1998, 23 TexReg 6436; amended to be effective December 9, 2001, 26 TexReg 9845; amended to be effective May 12, 2004, 29 TexReg 4468; amended to be effective February 15, 2005, 30 TexReg 707; amended to be effective April 8, 2010, 35 TexReg 2742; amended to be effective March 9, 2011, 36 TexReg 1492

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