The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
(1) Institution of higher education--A public junior
college certified by the Texas Higher Education Coordinating Board
as described by Education Code, §61.063; a general academic teaching
institution as defined by Education Code, §61.003(3); a medical
and dental unit as defined by Education Code, §61.003(5); a public
technical institute as defined by Education Code, §61.003(7);
a private or independent institution of higher education as defined
by Education Code, §61.003(15); or a public state college as
defined by Education Code, §61.003(16).
(2) TexShare Annual Report Survey--A report submitted
to the commission each year by TexShare members and affiliate members.
The report shall include questions concerning satisfaction with TexShare
membership and programs. It may also be used to provide updates to
institutional program participation contacts.
(3) Commission--The Texas State Library and Archives
(4) Consortium--The TexShare Library Consortium.
(5) Director and Librarian--Chief executive and administrative
officer of the commission.
(6) Public Library has the meaning assigned by Government
(7) Library of clinical medicine has the meaning assigned
to Non-Profit Corporation by Government Code, §441.221.
(A) Extensive library services are defined as:
(i) Library is open and staffed a minimum of 45 hours
per week; and
(ii) Staff includes a minimum of one full-time equivalent
professional librarian (as defined in 13 TAC §1.84, relating
to Professional Librarian); and
(iii) Library employs a library director for at least
40 hours per week in library duties; and
(iv) Services include circulation of materials, reference
services, use of computers to access information sources, databases,
or other similar services; and
(v) An institutionally-approved collection development
policy updated at least every five years.
(B) Extensive collections in the fields of clinical
medicine and the history of Medicine is defined as follows:
(i) Clinical medicine is defined as materials in the
"W" category of the National Library of Medicine (NLM) classification
(ii) History of Medicine is defined as:
(I) Materials fitting the scope of the NLM classification
scheme (www.nlm.nih.gov/clas/index.html) under WZ-History of Medicine,
Misc or in the NLM classification scheme under history of a particular
medical subject (e.g. history of surgery (WO 11), history of dermatology
(WR 11), history of gynecology (WP 11), etc.); or
(II) Unique archival materials (print materials, historical
artifacts, and other resources) related to institutional history,
or reflecting historically significant contributions of persons or
institutions, or history of a particular area of health care.
(iii) "Extensive collections" is defined as a minimum
of 12,000 library resources in the field of clinical medicine and
history of medicine, in print and in electronic formats, comprised
of books, journal titles, technical reports, videos, or databases.
(8) Public school district--Any school district or
open enrollment charter school accredited by the Texas Education Agency
under Texas Education Code, Section 11.001.
(9) Public school library--An organized collection
of printed, audiovisual and/or computer resources in a public school
or public school campus (elementary or secondary). A public school
library makes resources and services available to all students, teachers,
and administrators. Collections such as classroom "libraries" or collections
of primarily textbooks or other similar classroom teaching materials
are not public school libraries.
(10) Certified school librarian--A public school district
staff member holding a current school librarian certificate issued
by the State Board for Educator Certification under the authority
of Education Code, Chapter 21, Subchapter B (§§21.031 -
(11) Certified staff member--A public school district
staff member holding a current certificate, license, permit, or other
credential issued by the State Board for Educator Certification under
the authority of Education Code, Chapter 21, Subchapter B (§§21.031
(12) Consortium membership refers to membership held
by those libraries meeting the eligibility criteria specified in §8.3(a)(1)
of this chapter. Libraries meeting these requirements are referred
to as "members" or "consortium members."
(13) Affiliate membership refers to membership held
by public school districts and by eligible nonprofit libraries meeting
the criteria specified in §8.3(a)(2) of this chapter. Libraries
admitted under this section are referred to as "affiliate members."
(14) Eligible nonprofit library--A library not qualified
for consortium membership by virtue of being a public library, library
of clinical medicine, library component of an institution of higher
education, or public school district that is:
(A) Physically located in Texas, or if physically located
outside of Texas, capable of providing online library services exclusively
to Texas residents.
(B) Established as a nonprofit organization or administrative
subdivision of a nonprofit organization:
(i) under the Texas Nonprofit Corporation Law (Texas
Business Organizations Code §22.001 et seq.); or
(ii) recognized as exempt from federal income tax under
section 501(c)(3) of the U.S. Internal Revenue Code; or
(iii) operated by a unit of local, state, or federal
(iv) a designated tribal community library.
(C) A component of one of the following:
(i) An institution holding a current certificate of
authorization from the Texas Higher Education Coordinating Board as
specified in 19 TAC §7.7; or
(ii) Other agency of higher education as defined by
Education Code, §61.003 (6); or
(iii) A full member of the National Network of Libraries
of Medicine, South Central Region; or
(iv) The National Archives and Records Administration;
(v) A U.S. Department of Defense installation; or
(vi) A non-public school accredited by an agency recognized
by the Texas Private School Accreditation Commission.
(D) Provides library services, defined as:
(i) Provides services including circulation of materials,
reference services, and use of computers to access information sources;
(ii) Is open and staffed a minimum of 20 hours per
(iii) Employs a library director for at least 20 hours
per week in library duties.
|Source Note: The provisions of this §8.1 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 18, 2006, 31 TexReg 3871; amended to be effective April 8, 2010, 35 TexReg 2742; amended to be effective September 18, 2011, 36 TexReg 5835; amended to be effective November 30, 2014, 39 TexReg 9201; amended to be effective November 28, 2018, 43 TexReg 7669