SECTION 8.1. Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(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); a public state college as defined by Education Code, §61.003(16); or a work college as defined by 20 U.S.C. §1087-58.

(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 Commission.

(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 Code, §441.122.

(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;

(ii) Staff includes a minimum of one full-time equivalent professional librarian (as defined in §1.84 of this title (relating to Professional Librarian));

(iii) Library employs a library director for at least 40 hours per week in library duties;

(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 scheme (www.nlm.nih.gov/clas/index.html).

(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 - 21.058).

(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 - 21.058).

(12) Consortium membership refers to membership held by those libraries meeting the eligibility criteria specified in §8.3(a)(1) of this chapter (relating to Consortium Membership and Affiliate Membership) and that are physically located in Texas or, if physically located outside of Texas, capable of providing online library services exclusively to Texas residents. 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:

(A) Is physically located in Texas or, if physically located outside of Texas, capable of providing online library services exclusively to Texas residents;

(B) Is 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.);

(ii) recognized as exempt from federal income tax under section 501(c)(3) of the U.S. Internal Revenue Code;

(iii) operated by a unit of local, state, or federal government; or

(iv) operated by a federally recognized American Indian tribe;

(C) Is a component of one of the following:

(i) An institution accredited by an accrediting agency recognized by the Texas Higher Education Coordinating Board as specified in 19 TAC §7.6 (relating to Recognition of Accrediting Agencies);

(ii) Other agency of higher education as defined by Education Code, §61.003 (6);

(iii) A full member of the National Network of Libraries of Medicine, South Central Region;

(iv) The National Archives and Records Administration;

(v) A U.S. Department of Defense installation;

(vi) A non-public school accredited by an agency recognized by the Texas Private School Accreditation Commission; or

(vii) A federally recognized American Indian tribe; and

(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 week; and

(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; amended to be effective June 29, 2021, 46 TexReg 3872; amended to be effective December 6, 2021, 46 TexReg 8239