ADMINISTRATION

The signatures of parties, representatives, or attorneys shall constitute a certificate as provided in the Texas Rules of Civil Procedure, Rule 13, and sanctions may be imposed for violations of that rule as provided therein. Notes 4 Tex. Admin. Code § 1.9 The provisions of this …

(a) A family leave pool is established to provide eligible employees more flexibility in: (1) bonding with and caring for children during a child's first year following birth, adoption, or foster placement; and (2) caring for a seriously ill family member or the employee themselv…

(a) The department will charge fees for copies of public information or access to public information in accordance with the Public Information Act, Texas Government Code, Chapter 552 and the cost rules promulgated by the Office of the Attorney General of Texas in Texas Administra…

(a) A sick leave pool is established to alleviate hardship caused to an employee and the employee's immediate family if a catastrophic injury or illness forces the employee to exhaust all eligible leave time earned by that employee and to lose compensation time from the state. (b…

On behalf of a major resource system or regional library system, a plan for system services shall be biennially revised, updated, and submitted to the state librarian by the major resource center, nonprofit corporation, or business. Data determining the adequacy of library servic…

External boundaries of a major resource system or regional library system shall be coterminous with the boundaries of councils of government, unless permission to vary is granted by the governor's office at the request of the state librarian. The state shall be organized into 10 …

(a) Purpose. The purpose of this section is to establish standards of conduct to govern the relationships between the department, its officers and employees, and private organizations or donors in accordance with Texas Government Code, § 2255.001 . (b) Definitions. The following …

(a) Any interested person may petition the department for the adoption of a proposed rule pursuant to the APA, §2001.021. A petition must: (1) be in writing and request that a rule be adopted; (2) give a brief explanation of the proposed rule; (3) set out the precise text of the …

Consistent with notices required by law, the department may consolidate or separate matters following the provisions of the Texas Rules of Civil Procedure, Rule 174. Notes 4 Tex. Admin. Code § 1.16 The provisions of this §1.16 adopted to be effective January 18, 1991, 16 TexReg 1…

(a) Any motion relating to a pending proceeding shall, unless made during a hearing, be written, set forth the relief or order sought and the specific reasons and grounds therefor, and be timely filed with the hearings clerk or other staff member primarily responsible for legal s…

On behalf of a major resource system or regional library system, a major resource center, nonprofit corporation, or business shall submit an annual program and budget for system services 150 days prior to the beginning of the state fiscal year for approval by the state librarian.…

The commission may, following a public hearing, contract with a major resource center, nonprofit corporation, or business. If necessary, the commission will provide an opportunity for public libraries to rejoin a major resource system or regional library system by resolution or o…

On behalf of the major resource system, a major resource center shall fully participate in the state library system by providing interlibrary loan and reference referral services to member libraries and other libraries served through the state library system. This requirement for…

A major resource or regional library system shall provide on-site consulting and continuing education services to libraries and unserved areas in its region to meet commission or federal goals. Notes 13 Tex. Admin. Code § 1.47 The provisions of this §1.47 adopted to be effective …

(a) The commission shall designate a large public library to serve as the major resource center for an area of 4,000 or more square miles. To be designated as the major resource center, the library must: (1) have and annually maintain its accreditation as a member of the library …

Direct grants-in-aid to major resource system or regional library system member libraries are prohibited. Grants-in-aid are defined as cash grants for library materials or other expenses in which the major benefit is to the receiving library as opposed to the major resource syste…

Equalization grants to major resource system or regional library system member libraries are not an allowable system expense. Notes 13 Tex. Admin. Code § 1.54 The provisions of this §1.54 adopted to be effective September 1, 1977, 2 TexReg 1293; amended to be effective April 30, …

Consistent with the established rules and regulations of the state library system and the Library Systems Act, by September 1, 1978, on behalf of a major resource system, a major resource center shall provide a copy of system bylaws approved by the system advisory council, the ma…

(a) A nonprofit corporation organized under the Library Systems Act, §441.131, seeking to contract with the Texas State Library and Archives Commission as a regional library system must demonstrate fiscal and administrative responsibility as determined annually by the state libra…

(a) A nonprofit corporation or business shall maintain cash reserves, not to include the performance deposit in § 1.63 of this title (relating to Proposal Requirements), totaling both: (1) an amount not less than 15% of all the ongoing operating costs (administrative, personnel a…

A nonprofit corporation shall not establish a charter or adopt bylaws that permit member library directors or member library staff to serve on the board of directors. Nor shall member library directors or member library staff serve as officers or directors of a for-profit corpora…

When the Texas Library System is funded in whole or in part by federal funds, major resource or regional library systems shall include in their long-range plan and annual program of services and budget projects which specifically address the federal priorities, as determined by t…

(a) Government Code, § 441.006 , charges the commission with adopting policies and rules to aid and encourage the development of and cooperation among all types of libraries. In addition, Government Code, Chapter 441, Subchapter I, authorizes the commission with setting accredita…

For a city, nonprofit corporation, and/or county-established library receiving public monies for public library service, the population served by a public library is the population in the most recent decennial census or official population estimate of the United States Department…

(a) Library services for the general public must be provided without charge or deposit to all persons residing in the local political subdivisions which provide monetary support to the library. These library services include the dissemination of materials or information by the li…

A public library must be established to render general library services. The library must be established as: (1) a department of a city or county government by charter, resolution, or ordinance; or by contract as provided for in the Government Code, Chapter 791; or (2) a library …

(a) A public library must demonstrate local effort on an annual basis by maintaining or increasing local operating expenditures or per capita local operating expenditures. Expenditures for the current reporting year will be compared to the average of the total local operating exp…

A library shall have on file at the state library a statement certifying that no person shall be excluded from participation in or denied the benefits of the services of that library on the grounds of race, color, or national origin. Notes 13 Tex. Admin. Code § 1.75 The provision…

(a) A public library must meet the quantitative standards for accreditation in this section, in addition to the other requirements in this subchapter. (b) A public library must have at least one library collection item per capita or expend at least 15 percent of the library's loc…

(a) At least half of the annual local operating expenditures required to meet the minimum level of per capita support for accreditation must be from local government sources. Local government sources are defined as money appropriated by library districts, by school districts, or …

To be eligible for accreditation, a public library must submit a report each year detailing local library activity for the local fiscal year requested in a manner and form prescribed by the agency. A library that does not submit an annual report by the deadline established by the…

(a) A public library that does not meet one of the requirements for accreditation cited in § 1.81 of this title (relating to Quantitative Standards for Accreditation of Library) may be provisionally accredited for not more than an initial three-year period, if the library can dem…

A public library that has been fully accredited may be granted probational accreditation for three years if the library fails to meet not more than one of the requirements in § 1.81 of this title (relating to Quantitative Standards for Accreditation of Library). To regain full sy…

(a) The definition of "local fiscal year" is the fiscal year in which January 1 of that year falls. (b) The following are the minimum requirements for membership in the state library system: (1) A library serving a population of at least 500,001 persons must: (A) have local expen…

A public library which has not previously qualified for system membership and is actively seeking accreditation by securing the per capita support necessary for qualification may be accredited as a system member on the basis of the library's current operating budget rather than i…

Each public library applying for membership in the Texas Library System must meet the following requirements: (1) The library must have a website and a telephone with a published number. (2) The library must have available both a photocopier and a computer with Internet access fo…

(a) A professional librarian is defined as a person holding either a fifth year degree in librarianship from a program accredited by the American Library Association or a master's degree in library or information science from a program accredited by the American Library Associati…

A public library shall file a current and complete annual report with the Texas State Library and Archives Commission by April 30. Revisions to the annual report which would affect membership status for the next fiscal year will not be accepted after July 31. Staff vacancies that…

These standards for accreditation apply only to libraries that are operated by a public school district, institution of higher education, unit of local, state, or federal government, accredited non-public elementary or secondary schools, or special or research libraries. The stan…

One or more accreditation criteria in this subchapter may be waived if a library shows good cause for failure to meet the criteria. For purposes of this subchapter, good cause means a public health emergency, including, but not limited to a pandemic or epidemic; a natural or man-…

(a) System operation grants are to provide basic system support services to member libraries, to coordinate and cooperate with the commission and libraries in the region, and to meet commission or federal goals, and to reimburse libraries for providing specialized services. Syste…

Incentive grants are to encourage libraries to join together into larger units of service in order to meet criteria for major resource system membership. System member libraries joining together into a county or multicounty library system may be eligible for incentive grants. Not…

An unserved county is defined as either a county with no existing free public library services or a county that is served by a library that has not expended funds from local city and/or county taxes for a period of three years prior to application for an establishment grant. A pe…

(a) System operation grant funding shall be allocated to meet commission or federal goals. Allocation formula: (1) 34% of the total amount specified for system operation grants shall be apportioned equally to the major resource and regional library systems; (2) 33% of the total s…

(a) This chapter establishes a system for practice and procedure before the Railroad Commission of Texas to enable the just disposition of proceedings and public participation in contested case proceedings pursuant to the Administrative Procedure Act, Texas Government Code, Chapt…

(a) A Commissioner with a personal or private interest in a measure, proposal or decision pending before the Commission shall publicly disclose the fact to the Commission in an open meeting. The Commissioner may not vote or otherwise participate in the decision. The disclosure sh…

(a) For any assigned case and subject to any limitations imposed by law or by Commission rule, the examiner shall have broad discretion in regulating the course and conduct of the hearing. The examiner's authority includes, but is not limited to, the following authority: (1) to a…

(a) In the interest of justice, and after notice and opportunity for hearing, an order imposing sanctions may be issued by the Commissioners, the Hearings Director, or the examiner for: (1) abuse of the discovery process, including failure to comply with a discovery order or subp…

(a) The Hearings Director or examiner may direct the parties, the parties' authorized representatives, or both, to appear at a prehearing or posthearing conference to consider the following, as may be applicable: (1) motions and other preliminary matters relating to the proceedin…

(a) Any actual or prospective bidder, offeror, or contractor who asserts or complains of improper process or a procedural defect in connection with the Department's solicitation, evaluation, or award of a contract may file a formal protest with the Responsible Individual. (b) A f…