Current through Reg. 49, No. 38; September 20, 2024
(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 §
RSA 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 §
RSA 2.55
of this title (relating to Protest Procedure).
