Proposed Rules Title 13

TITLE 13. CULTURAL RESOURCES

PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION

SUBCHAPTER C. MINIMUM STANDARDS FOR ACCREDITATION OF LIBRARIES IN THE STATE LIBRARY SYSTEM

The Texas State Library and Archives Commission (commission) proposes amendments to Title 13, Chapter 1, §1.74. Local Operating Expenditures, and §1.81. Quantitative Standards for Accreditation of Library.

BACKGROUND. Government Code, Chapter 441, Subchapter I, Library Systems, authorizes the commission to establish criteria a library must meet for accreditation. The commission adopted these accreditation standards at 13 Texas Administrative Code Chapter 1, Subchapter C, Minimum Standards for Accreditation of Libraries in the State Library System, §§1.71 - 1.87. These rules set forth in detail the requirements for any library seeking accreditation. Accreditation is not a requirement for public libraries in Texas. However, accredited libraries are eligible to participate in statewide interlibrary loan (ILL), apply for E-rate (a federal telecommunications discount program) and a variety of funding opportunities offered by the commission throughout the year, and take advantage of the TexShare Card and TexShare Databases programs through membership in the TexShare Consortium.

The commission has been reviewing the accreditation rules for necessary updates and improvements since May 2023. In addition, the Library Systems Act Advisory Board considered the rules and needed updates on March 14, 2024, and commission staff hosted a series of eight sessions to review and discuss the proposed revisions, with nearly 380 librarians attending from all over the state.

The current accreditation rules require a demonstration of specified levels of local effort related to local operating expenditures by fiscal year and actual local expenditures by fiscal year that vary depending on the population served by the library. The current rules do not include a fiscal year beyond local fiscal year (FY) 2024. Public libraries must gather and report the required information during the months preceding the stated fiscal year. Therefore, because the current rules do not address FY 2025 or beyond, public libraries may face uncertainty during the planning process.

The commission intends to consider proposed amendments to the rules at its August or November commission meeting. However, any changes proposed at these meetings would not become final until well after the start of FY 2025. Therefore, the commission finds it necessary to amend the current rules to include FY 2025, thereby maintaining the status quo until such time as the commission finally adopts needed amendments to the rules.

EXPLANATION OF PROPOSED AMENDMENTS. An amendment to §1.74, Local Operating Expenditures, would add FY 2025 to subsection (b), requiring a public library applying for accreditation to have minimum total local expenditures of $21,000 in local fiscal year 2025. This requirement would be the same as FY 2024.

Amendments to §1.81, Quantitative Standards for Accreditation of Library, would add FY 2025 to each subparagraph establishing the local expenditure requirements for the library. The amendment would keep the requirement for FY 2025 the same as FY 2024.

FISCAL IMPACT. Sarah Karnes, Division Director, Library Development and Networking Division, has determined that for each of the first five years the proposed amendments are in effect, there are no reasonably foreseeable fiscal implications for the state or local governments as a result of enforcing or administering these amended rules, as proposed.

PUBLIC BENEFIT AND COSTS. Ms. Karnes has determined that for each of the first five years the proposed amendments are in effect, the anticipated public benefit will be the continued accreditation of public libraries based on current accreditation criteria, ensuring that libraries maintain financial sustainability as the commission continues to move toward updating the accreditation rules overall.

There are no anticipated economic costs to persons required to comply with the proposed amendments.

LOCAL EMPLOYMENT IMPACT STATEMENT. The proposal has no measurable impact on local economy; therefore, no local employment impact statement under Government Code, §2001.022 is required.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT STATEMENT. There will be no adverse economic effect on small businesses, micro-businesses, or rural communities; therefore, a regulatory flexibility analysis under Government Code, §2006.002 is not required.

COST INCREASE TO REGULATED PERSONS. The rules as proposed for amendment do not impose or increase a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the commission is not required to take any further action under Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT. In compliance with Government Code, §2001.0221, the commission provides the following government growth impact statement. For each year of the first five years the rules as proposed for amendment will be in effect, the commission has determined the following:

1. The rules as proposed for amendment will not create or eliminate a government program;

2. Implementation of the rules as proposed for amendment will not require the creation of new employee positions or the elimination of existing employee positions;

3. Implementation of the rules as proposed for amendment will not require an increase or decrease in future legislative appropriations to the commission;

4. The proposal will not require an increase or decrease in fees paid to the commission;

5. The proposal will not create new regulations;

6. The proposal will not expand, limit, or repeal an existing regulation;

7. The proposal will not increase the number of individuals subject to the proposed rules' applicability; and

8. The proposal will not positively or adversely affect the state's economy.

TAKINGS IMPACT ASSESSMENT. No private real property interests are affected by this proposal, and the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action. Therefore, the proposed rules do not constitute a taking under Government Code, §2007.043.

REQUEST FOR PUBLIC COMMENT. Written comments on the proposed amendments may be submitted to Sarah Swanson, General Counsel, Texas State Library and Archives Commission, P.O. Box 12927, Austin, Texas, 78711, or via email at rules@tsl.texas.gov. To be considered, a written comment must be received no later than 30 days from the date of publication in the Texas Register.

STATUTORY AUTHORITY. The amendments are proposed under Government Code, §441.135, which authorizes the commission to adopt guidelines for the awarding of grants; §441.136, which authorizes the commission to adopt rules necessary to the administration of the program of state grants, including qualifications for major resource system membership; §441.127, which provides that to be eligible for membership in a major resource system or regional library system, a library must meet the accreditation standards established by the commission; and §441.122(1) and (2), which defines "accreditation of libraries" as the evaluation and rating of libraries according to commission accreditation standards and "accreditation standards" as the criteria established by the commission that a library must meet to be accredited and eligible for membership in a major resource system.

CROSS REFERENCE TO STATUTE. Government Code, Chapter 441.

§1.74.Local Operating Expenditures.

(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 expenditures or to the average of the total per capita local operating expenditures for the three preceding years.

(b) A public library must have minimum total local expenditures of $10,650 in local fiscal years 2013, 2014, 2015; $15,000 in local fiscal years 2016, 2017, 2018; $18,000 in local fiscal years 2019, 2020, 2021; and $21,000 in local fiscal years 2022, 2023, 2024, and 2025.

(c) Exemption: Libraries that expend at least $17.50 per capita and at least $150,000 of local funds are exempt from this membership criterion.

§1.81.Quantitative Standards for Accreditation of Library.

(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 expenditures amounting to at least $13.82 per capita in local fiscal years 2013, 2014, 2015; $13.89 per capita in local fiscal years 2016, 2017, 2018; $13.96 per capita in local fiscal years 2019, 2020, 2021; $14.03 per capita in local fiscal years 2022, 2023, 2024, and 2025;