CHAPTER 441. LIBRARIES AND ARCHIVES
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE D. HISTORY, CULTURE, AND EDUCATION
CHAPTER 441. LIBRARIES AND ARCHIVES
SUBCHAPTER A. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
Sec. 441.001. COMMISSION; MEMBERS. (a) The Texas State Library
and Archives Commission is composed of seven members appointed by
the governor with the advice and consent of the senate. All seven
members must be representatives of the general public. A person
is not eligible for appointment as a member of the commission if
the person or the person's spouse:
(1) is registered, certified, or licensed by an occupational
regulatory agency in the field of library or information science;
(2) is employed by or participates in the management of a
business entity or other organization regulated by the commission
or receiving funds from the commission;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by the commission or receiving funds from the
commission; or
(4) uses or receives a substantial amount of tangible goods,
services, or funds from the commission, other than compensation
or reimbursement authorized by law for commission membership,
attendance, or expenses.
(b) Members of the commission serve staggered terms of six
years.
(c) A person appointed to fill a vacancy serves for the
remainder of the term to which that person's predecessor was
appointed.
(d) An appointment to the commission shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
(e) A person may not be a member of the commission or act as the
general counsel to the commission if the person is required to
register as a lobbyist under Chapter 305 because of the person's
activities for compensation on behalf of a profession related to
the operation of the commission.
(f) A person may not be a member of the commission and may not
be a commission employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of library and information
science, archives management, or records management; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of library
and information science, archives management, or records
management.
(h) In this section, "Texas trade association" means a
cooperative and voluntarily joined statewide association of
business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
(i) It is a ground for removal from the commission if a member:
(1) does not have at the time of taking office the
qualifications required by Subsection (a);
(2) does not maintain during service on the commission the
qualifications required by Subsection (a);
(3) is ineligible for membership under Subsection (e) or (f);
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
commission meetings that the member is eligible to attend during
a calendar year without an excuse approved by majority vote of
the commission.
(j) The validity of an action of the commission is not affected
by the fact that it was taken when a ground for removal of a
commission member exists.
(k) If the director and librarian has knowledge that a potential
ground for removal exists, the director and librarian shall
notify the presiding officer of the commission of the potential
ground. The presiding officer shall then notify the governor and
the attorney general that a potential ground for removal exists.
If the potential ground for removal involves the presiding
officer, the director and librarian shall notify the next highest
officer of the commission, who shall then notify the governor and
the attorney general that a potential ground for removal exists.
(l) The commission shall be assigned suitable offices in the
Capitol area in which the commission shall hold at least one
regular meeting annually and as many special meetings as are
necessary.
(m) The governor shall designate a member of the commission as
the presiding officer of the commission to serve in that capacity
at the pleasure of the governor.
(n) A member of the commission may not receive compensation for
services as a member but is entitled to the per diem provided by
the General Appropriations Act for attending a meeting of the
commission. A member is also entitled to reimbursement for actual
expenses reasonably incurred in connection with the performance
of those services, subject to any applicable limitation on
reimbursement provided by the General Appropriations Act.
(o) The commission is subject to the open meetings law, Chapter
551, and the administrative procedure law, Chapter 2001.
(p) The commission shall develop and implement policies that
provide the public with a reasonable opportunity to appear before
the commission and to speak on any issue under the jurisdiction
of the commission.
(q) The Texas State Library and Archives Commission is subject
to Chapter 325 (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the commission is abolished
September 1, 2019.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 2.05,
eff. Nov. 12, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(50),
(83), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 86, Sec. 1,
eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 573, Sec. 1, eff.
June 2, 1997; Acts 2003, 78th Leg., ch. 1170, Sec. 24.01, eff.
Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
251, Sec. 1, eff. September 1, 2007.
Sec. 441.0011. TRAINING FOR COMMISSION MEMBERS. (a) A person
who is appointed to and qualifies for office as a member of the
commission may not vote, deliberate, or be counted as a member in
attendance at a meeting of the commission until the person
completes a training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the commission;
(2) the programs, functions, rules, and budget of the
commission;
(3) the results of the most recent formal audit of the
commission;
(4) the requirements of laws relating to open meetings, public
information, administrative procedure, and conflicts of interest;
and
(5) any applicable ethics policies adopted by the commission or
the Texas Ethics Commission.
(c) A person appointed to the commission is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 1995, 74th Leg., ch. 86, Sec. 2, eff. Sept. 1,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
251, Sec. 2, eff. September 1, 2007.
Sec. 441.002. DIRECTOR AND LIBRARIAN. (a) The commission shall
appoint a director and librarian.
(b) The director and librarian is the executive and
administrative officer of the commission and shall discharge the
administrative and executive functions of the commission.
(c) To be appointed as the director and librarian, a person must
have:
(1) at least two years of training in library science or
experience in teaching or research or in a library that is the
equivalent of two years of training in library science; and
(2) at least two years of administrative experience in the field
of libraries or research or in a related field.
(d) The director and librarian serves at the will of the
commission.
(e) Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(14).
(f) Based on the sworn account of the director and librarian
showing expenses in detail, the director and librarian is
entitled to reimbursement for actual expenses incurred when
traveling in the service of the commission.
(g) Under the direction of the commission, the director and
librarian shall:
(1) record the commission's proceedings;
(2) keep an accurate account of the commission's financial
transactions;
(3) have charge of the state library and any book, picture,
document, newspaper, manuscript, archive, relic, memento, flag,
or similar item contained in the library;
(4) administer programs to carry out the duties of the
commission and the director and librarian under Subtitle C, Title
6, Local Government Code, and Subchapters J and L;
(5) ascertain the condition of all public libraries in this
state and report the results to the commission; and
(6) perform any other duty the commission assigns.
(h) Under the direction of the commission, the director and
librarian may:
(1) spend money appropriated for that purpose to purchase any
book relating to Texas;
(2) approve the voucher for any expenditure made in connection
with the state library; and
(3) withhold from any library a public document furnished the
commission for distribution or an interlibrary loan the library
desires if the library refuses or neglects to furnish an annual
report or other information the librarian requests.
(i) Repealed by Acts 1997, 75th Leg., ch. 873, Sec. 8(1), eff.
Sept. 1, 1997.
(j) The commission shall develop and implement policies that
clearly separate the policy-making responsibilities of the
commission and the management responsibilities of the director
and librarian and the staff of the commission.
(k) The commission shall comply with federal and state laws
related to program and facility accessibility. The director and
librarian shall also prepare and maintain a written plan that
describes how a person who does not speak English can be provided
reasonable access to the commission's programs and services.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 36, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 86, Sec. 3, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 873, Sec. 3, 8, eff. Sept. 1, 1997;
Acts 2003, 78th Leg., ch. 285, Sec. 31(14), eff. Sept. 1, 2003.
Sec. 441.003. EMPLOYEES. (a) Subject to the approval of the
commission, the director and librarian shall appoint an assistant
state librarian, a state archivist, a state records
administrator, and other assistants and employees necessary to
fulfill the duties of the commission and the director and
librarian as prescribed by law.
(b) The assistant state librarian has the rank of a department
head. In the absence of the director and librarian, the assistant
may sign and certify accounts and documents in the same manner
and with the same legal authority as the director and librarian.
The assistant shall take the official oath.
(c) To be eligible for appointment as state archivist, a person
must have appropriate training and experience in the
administration of a government archive, but is not required to
have technical library school training or library experience to
be appointed state archivist.
(d) To be eligible for appointment as state records
administrator, a person must have appropriate training and
experience in the administration of a government records
management program, but is not required to have technical library
training or library experience to be appointed state records
administrator.
(e) The director and librarian may designate a staff member to
serve as both state archivist and state records administrator. In
that event, any provision of Subchapter L requiring joint action
by the state archivist and the state records administrator
requires only the action of the person designated.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 873, Sec. 4, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 285, Sec. 17, eff. Sept. 1, 2003.
Sec. 441.004. CAREER LADDER; PERFORMANCE EVALUATIONS. (a) The
director and librarian or the director and librarian's designee
shall develop an intra-agency career ladder program that
addresses opportunities for mobility and advancement for
employees within the commission. The program must require
intra-agency posting of all positions concurrently with any
public posting.
(b) The director and librarian or the director and librarian's
designee shall develop a system of annual performance evaluations
that are based on documented employee performance. All merit pay
for commission employees must be based on the system established
under this subsection.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 86, Sec. 4, eff. Sept. 1,
1995.
Sec. 441.005. STANDARDS OF CONDUCT; EQUAL EMPLOYMENT
OPPORTUNITY. (a) The director and librarian or the director and
librarian's designee shall provide to members of the commission
and to commission employees, as often as necessary, information
regarding their qualification for office or employment under this
chapter and their responsibilities under applicable laws relating
to standards of conduct for state officers or employees.
(b) The director and librarian or the director and librarian's
designee shall prepare and maintain a written policy statement to
assure implementation of a program of equal employment
opportunity under which all personnel transactions are made
without regard to race, color, disability, sex, religion, age, or
national origin. The policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, appointment, training, and
promotion of personnel that are in compliance with requirements
of Chapter 21, Labor Code;
(2) a comprehensive analysis of the commission workforce that
meets federal and state guidelines;
(3) procedures by which a determination can be made about the
extent of underuse in the commission workforce of all persons for
whom federal or state guidelines encourage a more equitable
balance; and
(4) reasonable methods to address those areas of underuse
appropriately.
(c) A policy statement prepared under Subsection (b) must cover
an annual period, be updated annually, be reviewed by the
Commission on Human Rights for compliance with Subsection (b)(1),
and be filed with the governor's office.
(d) The governor's office shall deliver a biennial report to the
legislature based on the information received under Subsection
(c). The report may be made separately or as a part of other
biennial reports made to the legislature.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 86, Sec. 5, eff. Sept. 1,
1995.
Sec. 441.006. GENERAL POWERS AND DUTIES. (a) The commission
shall:
(1) govern the Texas State Library;
(2) adopt policies and rules to aid and encourage the
development of and cooperation among all types of libraries,
including public, academic, special, and other types of
libraries;
(3) aid those studying problems to be dealt with by legislation;
(4) prepare and make available to the public and appropriate
state agencies information of public interest describing the
functions of the commission;
(5) deposit money paid to the commission under this chapter
subject to Subchapter F, Chapter 404;
(6) give to any person contemplating the establishment of a
public library advice regarding matters such as maintaining a
public library, selecting books, cataloging, and managing a
library;
(7) conduct library institutes and encourage library
associations;
(8) take custody of, preserve, and make available for public use
state records and other historical resources that document the
history and culture of Texas as a province, colony, republic, or
state;
(9) prepare and make available to the public a complete list of
every state symbol and place designation, including state symbols
and place designations made in accordance with Chapter 391;
(10) aid and encourage, by adoption of policies and programs,
the development of effective records management and preservation
programs in state agencies and the local governments of the
state; and
(11) provide library services to persons with disabilities in
cooperation with the federal government.
(b) The commission may:
(1) purchase, as state property, any suitable book, picture, or
similar item, within the limits of the annual legislative
appropriation;
(2) receive a donation or gift of money, property, or services
on any terms and conditions it considers proper as long as the
state does not incur financial liability;
(3) accept, receive, and administer federal funds made available
by grant or loan to improve the public libraries of this state;
(4) contract or agree with the governing body or head of a
county, city, or town of this state to meet the terms prescribed
by the United States and consistent with state law for the
expenditure of federal funds for improving public libraries; and
(5) participate in the establishment and operation of an
affiliated nonprofit organization whose purpose is to raise funds
for or provide services or other benefits to the commission.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 37, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 86, Sec. 6, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 1108, Sec. 1, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 873, Sec. 5, eff. Sept. 1, 1997; Amended by
Acts 2001, 77th Leg., ch. 395, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
251, Sec. 3, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
983, Sec. 1, eff. September 1, 2009.
Sec. 441.008. TRANSFER OR EXCHANGE OF BOOKS OR DOCUMENTS. (a)
The commission may transfer a book or document to another library
that is supported by state appropriation if the commission
believes that the transfer would benefit the state library. The
commission may make the transfer permanent or temporary.
(b) If a duplicate book or document is no longer needed by the
state library, the commission may exchange the duplicate or may
dispose of the duplicate to any state or local public library.
(c) This section does not apply to any state archival record or
other historical resource that the director and librarian has
designated to be part of the state archives program established
under Section 441.181.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 873, Sec. 6, eff. Sept. 1,
1997.
Sec. 441.009. STATE PLAN FOR LIBRARY SERVICES AND TECHNOLOGY.
(a) The commission may adopt a state plan for improving library
services consistent with federal goals.
(b) The state library shall prepare the plan for the commission
and shall administer the plan the commission adopts.
(c) The plan must include a procedure by which a library may
apply for money under the plan and a procedure for a fair hearing
for a library whose application for money is refused. Money from
local, state, or federal sources may be used. The money shall be
administered according to local, state, and federal requirements.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
983, Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
983, Sec. 3, eff. September 1, 2009.
Sec. 441.0091. GRANT PROGRAM FOR LOCAL LIBRARIES. (a) In
addition to a grant or funding under Subchapter I, the commission
may provide for grants to meet specific information needs of
residents of this state and specific needs of local libraries
that are not adequately addressed under Subchapter I or other
law.
(b) The commission, in designing the grant program under this
section:
(1) may consider federal law and federal funding priorities;
(2) may include competitive grants; and
(3) shall adopt by rule the guidelines for awarding grants.
Added by Acts 1995, 74th Leg., ch. 86, Sec. 9, eff. Sept. 1,
1995.
Sec. 441.0092. TEXAS READS PROGRAM GRANTS. (a) From money in
the Texas Reads program account, the commission shall make grants
to fund programs to promote reading provided by public libraries.
(b) The commission shall:
(1) determine standards that a reading promotion program must
meet to be eligible for a grant under this section;
(2) provide procedures for application for a grant; and
(3) determine the recipient and amount of each grant.
Added by Acts 1999, 76th Leg., ch. 763, Sec. 2, eff. Sept. 1,
1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
983, Sec. 4, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
983, Sec. 5, eff. September 1, 2009.
Sec. 441.010. ELECTRONICALLY SEARCHABLE CENTRAL GRANT DATABASE.
(a) In this section:
(1) "Department" means the Department of Information Resources.
(2) "Grant" means a grant, contract, or other cooperative
agreement under which a state agency awards financial assistance
in the form of money, property, a loan, or another thing of value
to a governmental or nongovernmental entity and the governmental
or nongovernmental entity receiving the award is responsible for
implementing a state or federal program in accordance with
guidelines provided by the agency awarding the grant. The term
does not include a contract to obtain a professional or
consulting service subject to Chapter 2254.
(b) The commission, in cooperation with the department, shall
establish an electronically searchable central database
accessible through the commission's on-line access system that
will allow a person to:
(1) use keyword searches to discover all available state agency
grant opportunities;
(2) obtain basic information regarding each available state
agency grant opportunity, including basic information about the
program that the grant recipient will implement, the geographic
area in which the grant recipient will implement the program, the
eligibility requirements for obtaining the grant, and the grant
application process; and
(3) electronically link to the portion of the granting agency's
website at which the person may obtain more detailed information
about each available state agency grant opportunity.
(c) The department shall provide a link on TexasOnline to the
database established under Subsection (b). In this subsection,
"TexasOnline" has the meaning assigned by Section 2054.003.
(d) Each state agency that will award a grant shall,
concurrently with any other action the agency takes to inform the
public or any person about the grant opportunity, report to the
commission information related to the grant that the commission
requires in a form prescribed by the commission so that the
commission may include information about the grant in the
electronically searchable central database established under
Subsection (b).
(e) The governor shall appoint an advisory committee composed of
nine representatives from the Electronic Grants Technical
Assistance Workgroup to:
(1) gather input from public and other users of the database;
and
(2) advise the commission regarding the development of the
database and regarding the commission's exercise of its powers
under Subsection (d).
(f) The advisory committee appointed under Subsection (e) shall
meet in Austin. A state agency that is represented on the
committee by a person who is not based in the Austin area is
responsible for any travel expenses incurred by its
representative.
(g) The commission shall appoint an advisory committee composed
of five public members to annually evaluate the operation of the
electronically searchable central database.
(h) Chapter 2110 does not apply to an advisory committee formed
under this section.
Added by Acts 2003, 78th Leg., ch. 1246, Sec. 28, eff. Sept. 1,
2003.
Sec. 441.013. REPORTS. (a) The commission shall make a
biennial report to the governor that includes:
(1) a comprehensive view of the operation of the commission in
discharging the duties imposed by this subchapter;
(2) a review of the library conditions in this state;
(3) an itemized statement of the commission's expenditures;
(4) any recommendations suggested by the experience of the
commission;
(5) careful estimates of money necessary for carrying out this
subchapter; and
(6) a review of commission activities under Subtitle C, Title 6,
Local Government Code, and Subchapters J and L.
(b) The report made under Subsection (a) shall be printed, and
the governor shall lay the report before the legislature as the
governor does with other departmental reports.
(c) The director and librarian shall prepare annually a complete
and detailed written report accounting for all funds received and
disbursed by the commission during the preceding fiscal year. The
annual report must meet the reporting requirements applicable to
financial reporting provided in the General Appropriations Act.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 86, Sec. 12, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 873, Sec. 7, eff. Sept. 1, 1997.
Sec. 441.014. AUDIT. The financial transactions of the
commission are subject to audit by the state auditor in
accordance with Chapter 321, Government Code.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 584, Sec. 9, eff. Sept. 1,
1989.
Sec. 441.015. SEAL. (a) The official seal of the state library
is a circle of not less than 1-1/2 nor more than two inches in
diameter that bears a star of five points surrounded by two
concentric circles between which is printed "Texas State
Library."
(b) The seal shall be used to authenticate the official acts of
the Texas State Library.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 441.016. BUILDING. The name of the state archives and
library building is the Lorenzo de Zavala State Archives and
Library Building.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Sec. 441.017. COST RECOVERY FOR RECORDS STORAGE SERVICES. (a)
This section:
(1) applies to a record stored by the commission for a state
agency; and
(2) does not apply to a record that is under the permanent
control of the commission for archival purposes.
(b) The commission shall establish and keep current a cost
recovery schedule for its records storage services. The schedule
shall show the total cost, including indirect costs, to the
commission of its records storage services.
(c) Each state agency that will use the commission's records
storage services during a state fiscal biennium shall send to the
commission an estimate of the amount and nature of the services
that the agency will use during the biennium. The commission
shall prescribe:
(1) the time that the estimate must be sent; and
(2) the information that must be included in the estimate.
(d) The commission shall base its legislative appropriations
request for providing records storage services to other agencies
for the biennium on the estimates received under Subsection (c).
The commission's appropriations request must:
(1) show the estimated cost for each agency for records storage
services; and
(2) identify the estimated amount that would need to be
appropriated from the general revenue fund, account in the
general revenue fund, or other fund or account to recover fully
the commission's costs in providing records storage services for
other agencies.
(e) The legislature may appropriate money to pay the
commission's costs in providing records storage services for an
agency:
(1) to the commission; or
(2) to the agency, which shall pay the commission its costs as
the services are provided.
(f) In this section, "agency" means a state executive, judicial,
or legislative department, institution, board, or commission,
including an eleemosynary institution.
Added by Acts 1995, 74th Leg., ch. 86, Sec. 13, eff. Sept. 1,
1995.
Sec. 441.018. COMPLAINTS. (a) The commission shall maintain a
system to promptly and efficiently act on complaints filed with
the commission. The commission shall maintain information about
parties to the complaint, the subject matter of the complaint, a
summary of the results of the review or investigation of the
complaint, and its disposition.
(b) The commission shall make information available describing
its procedures for complaint investigation and resolution.
(c) The commission shall periodically notify the complaint
parties of the status of the complaint until final disposition.
Added by Acts 2007, 80th Leg., R.S., Ch.
251, Sec. 4, eff. September 1, 2007.
Sec. 441.019. USE OF TECHNOLOGY. The commission shall implement
a policy requiring the commission to use appropriate
technological solutions to improve the commission's ability to
perform its functions. The policy must ensure that the public is
able to interact with the commission on the Internet.
Added by Acts 2007, 80th Leg., R.S., Ch.
251, Sec. 4, eff. September 1, 2007.
Sec. 441.020. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE
RESOLUTION POLICY. (a) The commission shall develop and
implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter 2008 for the
adoption of commission rules; and
(2) appropriate alternative dispute resolution procedures under
Chapter 2009 to assist in the resolution of internal and external
disputes under the commission's jurisdiction.
(b) The commission's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The commission shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under
Subsection (a);
(2) serve as a resource for any training needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the commission.
Added by Acts 2007, 80th Leg., R.S., Ch.
251, Sec. 4, eff. September 1, 2007.
SUBCHAPTER C. RECORDS MANAGEMENT DIVISION OF TEXAS STATE LIBRARY
Sec. 441.031. DEFINITION. In this subchapter, "state record"
means a document, book, paper, photograph, sound recording, or
other material, regardless of physical form or characteristic,
made or received by a state department or institution according
to law or in connection with the transaction of official state
business. The term does not include:
(1) library or museum material made or acquired and preserved
solely for reference or exhibition purposes;
(2) an extra copy of a document preserved only for convenience
of reference;
(3) a stock of publications or of processed documents; or
(4) any records, correspondence, notes, memoranda, or documents,
other than a final written agreement described by Section
2009.054(c), associated with a matter conducted under an
alternative dispute resolution procedure in which personnel of a
state department or institution, local government, special
district, or other political subdivision of the state
participated as a party, facilitated as an impartial third party,
or facilitated as the administrator of a dispute resolution
system or organization.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 40, eff. Sept. 1,
1989; Acts 1997, 75th Leg., ch. 31, Sec. 1, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 1352, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER E. PUBLIC LIBRARY ENDOWMENT AND OPERATING FUNDS
Sec. 441.071. TEXAS PUBLIC LIBRARY ENDOWMENT FUND. (a) The
Texas public library endowment fund is a trust fund outside the
state treasury held by a bank or depository trust company and
administered by the commission for the benefit of the public as
provided by this section.
(b) The fund consists of donations accepted by the commission
under Section 441.074.
(c) The corpus of the endowment fund may not be spent for any
purpose.
(d) Not later than September 1 of each year, the commission
shall remit all or part of the interest and income earned on
money in the endowment fund to the comptroller for deposit in the
state treasury to the credit of the Texas public library fund.
The commission shall credit to the corpus of the endowment fund
any portion of the interest and income not credited to the public
library fund in the treasury.
Added by Acts 1999, 76th Leg., ch. 152, Sec. 1, eff. Sept. 1,
1999.
Sec. 441.072. INVESTMENT AND MANAGEMENT OF ENDOWMENT FUND. (a)
The commission shall appoint investment managers for the
management and investment of the Texas public library endowment
fund by contracting for professional investment management
services with one or more organizations that are in the business
of managing investments.
(b) In choosing and contracting for professional investment
management services and in continuing the use of an investment
manager, the commission shall act prudently and in the interest
of the beneficiaries of the endowment fund.
(c) In making and supervising investments of the endowment fund,
an investment manager and the commission shall discharge their
respective duties solely in the interest of the beneficiaries of
the fund:
(1) for the exclusive purposes of providing benefits for the
beneficiaries of the fund and defraying reasonable expenses of
administering this chapter;
(2) with the care, skill, prudence, and diligence under the
prevailing circumstances that a prudent person acting in a
similar capacity and familiar with matters of the type would use
in the conduct of an enterprise with a similar character and
aims;
(3) by diversifying the investments of the fund to minimize the
risk of large losses, unless under the circumstances it is
clearly prudent not to do so; and
(4) in accordance with the documents and instruments governing
the fund to the extent that the documents and instruments are
consistent with this section.
(d) To be eligible for appointment under this section, an
investment manager must be:
(1) registered under the Investment Advisers Act of 1940 (15
U.S.C. Section 80b-1 et seq.), as amended;
(2) a bank as defined by that Act that has a trust department;
or
(3) an insurance company qualified to perform investment
services under the laws of more than one state.
(e) In a contract made under this section, the commission shall
specify any policies, requirements, or restrictions, including
criteria for determining the quality of investments and for the
use of standard rating services, that the commission adopts for
investments of the endowment fund.
(f) A member of the commission is not liable for the acts or
omissions of an investment manager appointed under Subsection
(a). A member of the commission is not permitted or obligated to
invest or otherwise to manage any asset of the fund subject to
management by the investment manager.
(g) An investment manager appointed under Subsection (a) shall
acknowledge in writing the manager's fiduciary responsibilities
to the endowment fund.
(h) The commission may at any time and shall frequently monitor
the investments made by each investment manager for the endowment
fund. The commission may contract for professional evaluation
services to fulfill this requirement.
(i) The commission shall enter into an investment custody
account agreement designating a bank or a depository trust
company to serve as custodian for all assets allocated to or
generated under a contract for professional investment management
services.
(j) Under a custody account agreement, the commission shall
require the designated custodian to perform the duties and assume
the responsibilities for the endowment fund that are performed
and assumed, in the absence of a contract, by the custodian of
the endowment fund. The custodian shall furnish to the
commission, annually or more frequently if required by commission
rule, a sworn statement of the amount of the endowment fund
assets in the custodian's custody.
(k) For purposes of this section, the beneficiaries of the Texas
public library endowment fund are the persons who use public
libraries, public library facilities, and public library
collections and the public libraries that benefit from the
performance of the commission's powers and duties under this
chapter.
Added by Acts 1999, 76th Leg., ch. 152, Sec. 1, eff. Sept. 1,
1999.
Sec. 441.073. TEXAS PUBLIC LIBRARY FUND. (a) The Texas public
library fund is a special fund in the state treasury outside the
general revenue fund.
(b) The public library fund consists of money credited to the
fund under Section 441.071(d) and proceeds from sales under
Section 441.074(d).
(c) Money in the public library fund may be appropriated only to
the commission to perform the commission's powers and duties
concerning public library development under this chapter and to
pay the commission's expenses incurred under this subchapter.
(d) The public library fund is exempt from the application of
Sections 403.095 and 404.071. Interest and income from deposit
and investment of money in the fund shall be allocated to the
fund monthly.
Added by Acts 1999, 76th Leg., ch. 152, Sec. 1, eff. Sept. 1,
1999.
Sec. 441.074. DONATIONS, APPROPRIATIONS, AND SALES. (a) The
commission may solicit and accept on behalf of the state
donations of money, securities, and other property as it
determines best further the orderly development of public library
resources of the state. Money paid to the commission under this
subsection shall be deposited in the Texas public library
endowment fund.
(b) The commission by rule shall establish an acquisition policy
for accepting donations of money, securities, and other property.
(c) The legislature may make appropriations to the commission to
carry out the purposes of this chapter.
(d) The commission may purchase and resell items it determines
appropriate for the promotion of public libraries in Texas. The
value of commission inventory, as determined by generally
accepted accounting principles, may not exceed $50,000 at the end
of any fiscal year. The net profits from those sales shall be
deposited in the Texas public library fund.
Added by Acts 1999, 76th Leg., ch. 152, Sec. 1, eff. Sept. 1,
1999.
Sec. 441.075. PUBLIC LIBRARY FUND GRANT PROGRAM. (a) The
commission shall make grants to public libraries from the Texas
public library fund for facility construction projects,
acquisition of books and other collection development materials,
and payment of actual and reasonable general and administrative
expenses. The commission shall allocate amounts from the fund to
direct and matching grant programs.
(b) The commission shall adopt rules:
(1) establishing methods for participation by local governments
in a matching grant program for facility construction projects;
and
(2) providing allocations for a direct grant program for
acquisition of books and other collection development materials
according to a formula that allocates a base grant to each
participating public library plus an amount that is proportional
to the size of the population served.
(c) To participate in a grant program under this section, a
public library must maintain a level of local public library
funding equal to or greater than the average funding for the
three years preceding participation. The commission shall adopt
rules to implement this requirement.
Added by Acts 1999, 76th Leg., ch. 152, Sec. 1, eff. Sept. 1,
1999.
SUBCHAPTER F. MAINTENANCE AND DISPOSITION OF CERTAIN COUNTY
RECORDS
Sec. 441.091. DEFINITION. In this subchapter, "county record"
means any document, paper, letter, book, map, photograph, sound
or video recording, microfilm, magnetic tape, electronic medium,
or other information recording medium, regardless of physical
form or characteristic and regardless of whether public access to
it is open or restricted under the laws of the state, created or
received by a county or precinct or any county or precinct
officers or employees, including the district clerk, pursuant to
law, including an ordinance or order of the commissioners court
of the county, or in the transaction of public business. The term
does not include:
(1) extra identical copies of documents created only for
convenience of reference or research by county or precinct
officers or employees;
(2) notes, journals, diaries, and similar documents created by a
county or precinct officer or employee for the officer's or
employee's personal convenience;
(3) blank forms;
(4) stocks of publications;
(5) library and museum materials acquired solely for the
purposes of reference or display;
(6) copies of documents in any media furnished to members of the
public to which they are entitled under Chapter 552, or other
state law; or
(7) any records, correspondence, notes, memoranda, or documents,
other than a final written agreement described by Section
2009.054(c), associated with a matter conducted under an
alternative dispute resolution procedure in which personnel of a
state department or institution, local government, special
district, or other political subdivision of the state
participated as a party, facilitated as an impartial third party,
or facilitated as the administrator of a dispute resolution
system or organization.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 123, Sec. 1, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(96), eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 31, Sec. 2, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 1352, Sec. 2, eff. Sept. 1, 1999.
Sec. 441.094. RECORDS SCHEDULE AND IMPLEMENTATION PLAN. (a)
Repealed by Acts 1989, 71st Leg., ch. 1248, Sec. 85(3), eff.
Sept. 1, 1989.
(b) A records schedule must:
(1) contain a list by record title of the county records to be
scheduled; and
(2) prescribe a minimum retention period for each record that is
at least as long as that prescribed by law or the county records
manual or state that a retention period for the record will be
assigned later.
(c) A records schedule may:
(1) contain a list of all of the county records kept by the
custodian or a list of only those records to be scheduled; and
(2) contain a list of material that is excluded from the
definition of county record by Section 441.091 and that is kept
by the custodian, with retention periods assigned by the
custodian.
(d) A custodian may amend a records schedule or implementation
plan.
(e) A records schedule, implementation plan, or amendment takes
effect when the custodian files a copy of the schedule, plan, or
amendment in the office of the county clerk and with the director
and librarian.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 123, Sec. 2, eff. Sept. 1,
1989.
Sec. 441.0945. DISPOSITION OF SCHEDULED RECORDS. (a) A county
record may be destroyed if the record is listed on the records
schedule and implementation plan accepted for filing by the
director and librarian and either its retention period has
expired or it has been microfilmed or stored electronically in
accordance with applicable law.
(b) The director and librarian or a person on the staff of the
director and librarian may reject the records schedule and
implementation plan for a record if the retention period of the
record as listed on the plan is less than the retention period
for the record established by the county records manual. If the
plan is rejected, the director and librarian or staff person
shall file with the custodian the rejected schedule and a
statement of the reasons for rejection not later than the 30th
day after the date the director and librarian or staff person
received the records schedule and implementation plan. If a
schedule is rejected under this subsection, the custodian may
submit an amended schedule.
(c) The director and librarian or a person on the staff of the
director and librarian may condition acceptance of the records
schedule and implementation plan on the transfer of a record
listed on the schedule to the custody of the Texas State Library
when the retention period for the record has expired.
Added by Acts 1989, 71st Leg., ch. 123, Sec. 3, eff. Sept. 1,
1989.
Sec. 441.095. DISPOSITION OF UNSCHEDULED RECORDS. (a) A
custodian may dispose of a county record that is not listed on an
approved records schedule and implementation plan if, not later
than 60 days before the date that the record is destroyed, the
custodian gives written notice of the intent to destroy the
record to the director and librarian. The notice must
sufficiently describe the record to enable the director and
librarian to determine if the record has been assigned a minimum
retention period.
(b) Not later than the 30th day after the date the director and
librarian receives the notice, the director and librarian shall:
(1) notify the custodian of the approval or disapproval of the
intended disposition;
(2) request any additional information required by the director
and librarian to evaluate the record; or
(3) request that the record or a part of the record be
transferred to the Texas State Library for preservation in a
regional historical resource depository.
(c) The custodian shall comply with the request or notice of the
director and librarian or withdraw the notice of intent to
destroy the record.
(d) Not later than the 10th day before the date a record is
destroyed, the custodian shall file and record a notice with the
county clerk. The notice must indicate the record to be
destroyed, how it is to be destroyed, and the date of its
destruction. On the day the notice is filed, the county clerk
shall post a copy of it in the same manner that a notice of a
meeting is posted under Chapter 551.
(e) The custodian may destroy the record at any time after the
director and librarian has approved the destruction and the
notice required by Subsection (d) has been posted for 10 days by
the county clerk.
(f) A county record may be destroyed only by sale or donation
for recycling purposes, shredding, burning, burial in a landfill,
or pulping.
(g) A person is not civilly liable for destruction of a record
in accordance with this subchapter.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 123, Sec. 4, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(79), eff. Sept. 1,
1995.
SUBCHAPTER G. STATE PUBLICATIONS
Sec. 441.101. DEFINITIONS. In this subchapter:
(1) "Commission" means the Texas State Library and Archives
Commission.
(2) "Depository library" means the Texas State Library, the
Legislative Reference Library, the Library of Congress, the
Center for Research Libraries, or any other library that the
commission designates as a site for retaining and allowing public
access to state publications.
(3) "State agency" means a state office, officer, department,
division, bureau, board, commission, legislative committee,
authority, institution, substate planning bureau, university
system, institution of higher education as defined by Section
61.003, Education Code, or a subdivision of one of those
entities.
(4) "State publication":
(A) means information in any format, including materials in a
physical format or in an electronic format, that:
(i) is produced by the authority of or at the total or partial
expense of a state agency or is required to be distributed under
law by the agency; and
(ii) is publicly distributed outside the agency by or for the
agency; and
(B) does not include information the distribution of which is
limited to:
(i) contractors with or grantees of the agency;
(ii) persons within the agency or within other government
agencies; or
(iii) members of the public under a request made under the open
records law, Chapter 552.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 86, Sec. 15, eff. Sept. 1,
1995.
Amended by:
Acts 2005, 79th Leg., Ch.
1124, Sec. 1, eff. September 1, 2005.
Sec. 441.102. DISTRIBUTION OF STATE PUBLICATIONS. (a) The
commission by rule shall establish procedures for the
distribution of state publications to depository libraries and
for the retention of those publications.
(b) The commission may enter into a contract with a depository
library under which the depository library receives all or part
of the state publications that are distributed.
(c) The commission shall establish and maintain a system, named
the "Texas Records and Information Locator," or "TRAIL," to allow
electronic access, including access through the Internet, at the
Texas State Library and other depository libraries to state
publications that have been made available to the public through
the Internet by or on behalf of a state agency.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 86, Sec. 16, eff. Sept. 1,
1995.
Amended by:
Acts 2005, 79th Leg., Ch.
1124, Sec. 2, eff. September 1, 2005.
Sec. 441.103. STATE AGENCY DUTIES. (a) A state agency shall
designate one or more staff persons as agency publications
liaisons and shall notify the Texas State Library of those
persons' identities. A publications liaison shall maintain a
record of the agency's state publications and shall furnish to
the Texas State Library a list of the agency's new state
publications as they become available.
(b) A state agency shall furnish copies of its state
publications that exist in a physical format to the Texas State
Library in the number specified by commission rules. On the
creation of or awarding of a contract for the production of a
publication in a physical format, a state agency shall arrange
for the required number of copies to be deposited with the Texas
State Library. The commission may not require more than 75
copies of a state publication in a physical format.
(c) On the release of a state publication in an electronic
format and for the purpose of further distribution of the
publication, a state agency shall provide the Texas State
Library:
(1) on-line access to the publication; or
(2) copies of the publication on an electronic external storage
device in the number of copies prescribed by the commission but
not to exceed 75.
(d) If a state agency is allowing public on-line access to a
state publication, the agency shall also provide the Texas State
Library with at least one free on-line connection to the agency's
state publications that can be accessed on-line. The connection
must:
(1) be provided in the form and manner prescribed by the
director and librarian; and
(2) be compatible with applicable standards prescribed by the
Department of Information Resources.
(e) Each state publication shall clearly reflect the date that
the state publication is produced or initially distributed by a
state agency in a conspicuous location at or near the beginning
of the publication.
(f) A state agency shall include, for any of its publications
available on the Internet, identifying and descriptive
information about the publication as specified by commission and
Department of Information Resources rules.
(g) If an electronic state publication is not printed or
available from the state agency's website, the state agency shall
furnish the Texas State Library copies in a manner prescribed by
commission rules. The commission may not require more than 75
copies of the publication.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 86, Sec. 17, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 762, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
1124, Sec. 3, eff. September 1, 2005.
Sec. 441.1035. STATE PUBLICATIONS DISTRIBUTED IN PHYSICAL
FORMAT; NOTICE; ONLINE AVAILABILITY. (a) A state agency that
distributes by subscription a state publication in a physical
format, such as paper, tape, or disk, and without a fee or other
cost to the subscriber shall make the publication accessible in
an electronic format from the agency's Internet website.
(b) When distributing a state publication in a physical format,
a state agency that makes the publication accessible on its
Internet website must inform each subscriber to the publication
that the subscriber may, instead of receiving a physical copy,
access the publication at the agency's Internet website.
(c) If a subscriber prefers to access a publication at the state
agency's Internet website and notifies the agency of that
preference, the agency shall:
(1) remove the subscriber from the distribution list for that
publication; and
(2) notify the subscriber electronically each time the
publication becomes available at the agency's Internet website
and provide an electronic link to the publication.
Added by Acts 2005, 79th Leg., Ch.
20, Sec. 1, eff. September 1, 2005.
Sec. 441.104. DUTIES OF TEXAS STATE LIBRARY. The Texas State
Library shall:
(1) acquire, organize, retain, and provide access to state
publications;
(2) collect state publications and distribute them to depository
libraries;
(3) establish a program for the preservation and management of
state publications and make available state publications in
alternative formats to depository libraries and other libraries
at a reasonable cost;
(4) periodically issue a list of all state publications that it
has received in a physical format to all depository libraries and
other libraries on request;
(5) catalog, classify, and index all state publications that it
receives and distribute the cataloging, classification, and
indexing information to depository libraries and to other
libraries on request;
(6) ensure that state publications are fully represented in
regional and national automated library networks;
(7) index all state publications that are available through the
Internet and make the index available through the Internet; and
(8) provide other depository libraries appropriate access, at
no charge, to state publications available in an electronic
format.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 86, Sec. 18, eff. Sept. 1,
1995.
Amended by:
Acts 2005, 79th Leg., Ch.
1124, Sec. 4, eff. September 1, 2005.
Sec. 441.105. EXEMPT PUBLICATIONS. The state librarian may
specifically exempt a publication or a distribution format from
this subchapter.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 86, Sec. 19, eff. Sept. 1,
1995.
Sec. 441.106. PAYMENT FOR PRINTING OF STATE PUBLICATIONS. If a
state agency's printing is done by contract, an account for the
printing may not be approved and a warrant may not be issued
unless the agency first furnishes to the comptroller a receipt
from the state librarian for the publication or a written waiver
from the state librarian exempting the publication from this
subchapter.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch.
1124, Sec. 5, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 1.46, eff. September 1, 2007.
SUBCHAPTER H. PRINT ACCESS AIDS FOR PERSONS WITH VISUAL
DISABILITIES
Sec. 441.111. DEFINITIONS. In this subchapter:
(1) "Print access aid" means an item, piece of equipment, or
product system that improves or facilitates access to standard
print by enlarging or magnifying print, or by electronically
converting print to spoken, recorded, or tactile format.
(2) "Public library" has the meaning assigned by Section
441.122.
(3) "Standard print" means text that appears on paper,
microfilm, microfiche, or other microformat, or in
machine-readable form, in a type size smaller than 14 points.
(4) "State library" means the Texas State Library.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 11.01(a), eff. Sept.
1, 1997.
Sec. 441.112. PRINT ACCESS AIDS IN PUBLIC LIBRARIES. (a) To
make its services and collections more accessible, a public
library may make a print access aid available for use by a person
who cannot clearly read printed material because of a visual
disability.
(b) If funds from a gift or grant are available for that
purpose, the state library may acquire and lend at no cost print
access aids to a public library.
(c) For a public library to be eligible to receive a print
access aid under Subsection (b), a community need for the aid
must exist.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 11.01(a), eff. Sept.
1, 1997.
Sec. 441.113. TRAINING AND INFORMATION. The state library may
provide to a library requesting or receiving a print access aid
under this subchapter technical assistance, including assistance
in:
(1) explaining to library employees the function of a print
access aid;
(2) assessing local needs for use of a print access aid;
(3) providing to library employees training and information in
the use of a print access aid;
(4) preparing and distributing public information regarding the
availability and location of a print access aid; and
(5) providing assistance in developing policies and guidelines
for use of an aid.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 11.01(a), eff. Sept.
1, 1997.
Sec. 441.114. MAINTENANCE OF EQUIPMENT. The state library may
pay the maintenance or repair cost of a print access aid supplied
to a library under this subchapter out of funds available to the
library from gifts or grants for that purpose. If the state
library cannot pay the maintenance or repair cost of an aid, the
library receiving the aid may pay the maintenance or repair cost
or return the aid to the state library.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 11.01(a), eff. Sept.
1, 1997.
Sec. 441.115. RELOCATION. The state library shall review each
library that receives a print access aid under this subchapter
once every two years to determine whether to relocate an aid
provided to that library. The state library shall make a
relocation decision based on population shifts, the use of the
equipment, and community need.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 11.01(a), eff. Sept.
1, 1997.
Sec. 441.116. FUNDING. (a) The requirements of this subchapter
for the provision and placement of print access aids by the state
library are contingent on the receipt of gifts or grants for the
state library to purchase, maintain, and repair the print access
aids. If the state library's funds are not sufficient to place
and maintain a print access aid in a library that may need an
aid, the state library shall make a placement decision for any
availabl