(a) Eligibility of individual institutions or libraries.
(1) Membership in the consortium is open to all institutions
of higher education and libraries of clinical medicine that are physically
located in Texas or, if physically located outside of Texas, capable
of providing online library services exclusively to Texas residents,
and to all public libraries that are members of the state library
system.
(2) Affiliate membership is open to public school districts
and to other eligible nonprofit libraries submitting an application
for affiliate membership to the Director and Librarian.
(b) Agreement.
(1) Public libraries will be members of TexShare upon
becoming members of the state library system.
(2) Institutions of higher education and libraries
of clinical medicine must file membership agreements, signed by a
duly authorized administrative official, on joining the consortium.
(3) Eligible nonprofit libraries whose applications
for affiliate membership have been approved must file an affiliate
membership agreement, signed by a duly authorized administrative official,
specifying in which programs of the consortium they may participate
and any limitations to participation that will apply.
(4) Public school districts and open enrollment charter
schools accredited by the Texas Education Agency will be affiliate
members of TexShare.
(5) Membership agreements must be approved by the Director
and Librarian following review by the TexShare Advisory Board before
an institution may identify itself as a member or affiliate member
of TexShare.
(6) Participation in specific programs of the consortium
may require additional agreements.
(c) Renewal of membership.
(1) Institutions of higher education, public libraries,
libraries of clinical medicine, and eligible nonprofit libraries will
have their memberships or affiliate memberships automatically renewed
for each state fiscal year, provided that they continue to meet the
definition required in subsection (a) of this section.
(2) Members may choose to submit updated membership
agreements annually or as required by their respective administrations.
(d) Multiple Libraries.
(1) 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 Education Code §61.063.
(2) Public libraries with branches shall be admitted
as a single unit.
(3) 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.
(4) For eligible nonprofit libraries, the unit of membership
or affiliate membership shall be determined during the application
process.
(e) Suspension and loss of membership.
(1) TexShare Annual Report Survey. Members and affiliate
members shall be asked to file a current and complete TexShare annual
report survey with the commission by December 15 of each year. Following
review by the TexShare Advisory Board, the Director and Librarian
may suspend or revoke any institution's membership following two or
more failures to submit TexShare annual report surveys. Institutions
may re-join TexShare at any time provided that they continue to meet
the definition in subsection (a) of this section and upon submission
of a written membership or affiliate membership agreement as described
in subsection (b) of this section.
(2) Institutions of higher education, libraries of
clinical medicine, nonprofit libraries, and public libraries that
no longer meet the definition in subsection (a) of this section, or
are otherwise not qualified, will have their TexShare membership or
affiliate membership revoked. Institutions may re-join TexShare at
any time provided that they meet the definition in subsection (a)
of this section and upon submission of a written membership or affiliate
membership agreement as described in subsection (b) of this section.
(3) Upon written request of the member institution,
their TexShare membership may be suspended or revoked. Institutions
may re-join TexShare at any time provided that they continue to meet
the definition in subsection (a) of this section and upon submission
of a written membership or affiliate membership agreement as described
in subsection (b) of this section.
(f) Members, affiliate members, and public school districts
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 Texas Public Library Annual Report,
or from statistical information received directly from the member,
affiliate member, or public school library and certified by the member,
affiliate member, or public school library as accurate.
(g) 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,
affiliate members, and public school libraries.
(h) Complaints regarding fee assessments, denial of
membership, or denial of affiliate membership will be processed in
accordance with procedures outlined in §2.55 of this title (relating
to Protest Procedure).
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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; amended to be effective November 28, 2018, 43 TexReg 7669; amended to be effective December 6, 2021, 46 TexReg 8239 |