TITLE 13. CULTURAL RESOURCES

PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION

CHAPTER 1. LIBRARY DEVELOPMENT

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

The Texas State Library and Archives Commission (commission) adopts new Texas Administrative Code, Title 13, Chapter 1, Subchapter C, §1.70, Purpose and Scope; §1.71, Definitions; §1.72, Legal Service Area; §1.73, Public Library Services; §1.74, Public Library: Legal Establishment; §1.75, Local Operating Expenditures; §1.76, Quantitative Standards for Accreditation of a Library; §1.77, Other Operational Requirements; §1.78, Annual Report; §1.79, Emergency Waiver of Accreditation Criteria; §1.80, Conditional Accreditation of a Library; §1.81, Loss of Accreditation; and §1.82, Appeal of Accreditation Determination. Sections 1.70, 1.74, 1.78, 1.79, 1.81, and 1.82 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9149) and will not be republished. Sections 1.71 - 1.73, 1.75 - 1.77, and 1.80 are adopted with changes and will be republished.

EXPLANATION OF NEW SECTIONS. To become accredited or maintain accreditation, public libraries must submit an annual report to the commission demonstrating they have met each of the accreditation criteria in rule. Each annual report includes information from the preceding local fiscal year and is due during the calendar year following the conclusion of the local fiscal year. If all accreditation criteria are met, the public library will then be accredited for the next state fiscal year. The adopted new sections will apply to information from local fiscal year 2026, which will be reported during spring of 2027, for accreditation for state fiscal year 2028. The proposed new sections will become effective September 1, 2025.

New §1.70, Purpose and Scope, establishes the commission's responsibilities related to accreditation and describes the purpose and scope of the new subchapter. The new section clarifies that accreditation is designed to establish the minimum criteria a library must meet to take advantage of certain programs offered by the commission. The new section also clarifies that the annual report described in new §1.78 (relating to Annual Report) is the mechanism by which accreditation criteria are reviewed and accreditation is awarded.

New §1.71, Definitions, defines terms used throughout the subchapter. A change on adoption adds the requirement of at least one public access computer to the definition of public library. This is not a new requirement.

New §1.72, Legal Service Area, notes that a public library's legal service area is based on the source(s) of local government funding for the library and the population assigned according to the rule. A change on adoption adds a hyphen to "population-served."

New §1.73, Public Library Services, lists the services a public library must provide to the general public without charge. Changes on adoption note that the rules do not prohibit a library from establishing policies, including the imposition of fees and terms, under which borrowing privileges may be extended to individuals living outside of the library's legal service area. In addition, the rule as adopted requires a library to make a good faith effort to allow use of computers and other technology without charge. The rule as adopted also notes that library entities contracted with school districts to provide library services to the general public must enter into an agreement that establishes the policies each library facility must adhere to, including all applicable state laws and regulations. Finally, the rule requires a public library to certify annually that no person shall be excluded from participation in or denied the benefits of the appropriate services of that library in accordance with federal law.

New §1.74, Public Library: Legal Establishment, is a revision of previous §1.73 (relating to Public Library: Legal Establishment). This section explains how a public library must be established, with minor wording changes from the previous rule.

New §1.75, Local Operating Expenditures, is a revision of previous §1.74 (relating to Local Operating Expenditures). The rule adds a new subsection requiring that at least half of the annual local operating expenditures required to meet the minimum level of per capita support for accreditation be from local government sources. The adopted rule increases total local expenditures to at least $24,000 in local fiscal years 2026, 2027, and 2028; at least $27,000 in local fiscal years 2029, 2030, and 2031, and at least $30,000 in local fiscal years 2032, 2033, and 2034. Additional revisions to this section exempt a library from these accreditation criteria if it expends at least $22.00 per capita and either shows evidence that it is open to the public under identical conditions without charge or that it expends at least $200,000 of local funds. Changes on adoption rearrange the sections and add cross-references for clarity.

New §1.76, Quantitative Standards for Accreditation of a Library, is a revision of previous §1.81 (relating to Quantitative Standards for Accreditation of Library). The new rule clarifies that a public library must meet the quantitative standards for accreditation in addition to the other requirements of the subchapter. Revisions to the previous rule also restructure and simplify the section, grouping standards applicable to all libraries together rather than repeating standards multiple times throughout the rule. The funding amounts in the rule are intended only to set a basic level of funding, with communities encouraged to fund their libraries to the capacity desired to achieve all local goals. Changes on adoption add an "a" to the rule title, correct a typographical error, change "%" to "percent," and simplify the language in §1.76(h)(4).

New §1.77, Other Operational Requirements, updates and modernizes language of previous §1.83 (relating to Other Requirements), as well as adds email address to the required contact information. The rule includes a new requirement that a library maintain policies addressing circulation, collection development, technology use, and information security and privacy, and make those policies available to the public. Changes on adoption simplify the first sentence and change "board" to "authority."

New §1.78, Annual Report, states that to be eligible for accreditation, a public library must submit an annual report to the commission by the established deadline or the library will automatically lose accreditation for the upcoming state fiscal year and be ineligible for certain commission services and programs.

New §1.79, Emergency Waiver of Accreditation Criteria, is the same language previously found at §1.87 (relating to Emergency Waiver of Accreditation Criteria). This section authorizes waiver of one or more accreditation criteria if a library shows good cause for failure to meet the criteria.

New §1.80, Conditional Accreditation of a Library, replaces previous §1.79 (relating to Provisional Accreditation of Library) and previous §1.80 (relating to Probational Accreditation of Library). This section establishes one simple process for the granting of temporary accreditation when a library fails to meet one criterion in the quantitative standards in §1.76. The maximum length of time a library may be conditionally accredited is three years. A change on adoption corrects punctuation.

New §1.81, Loss of Accreditation, outlines what might cause a library to lose accreditation, how the process will work, and what loss of accreditation means. If a library loses accreditation, it will not be accredited for the next state fiscal year and will not have access to certain commission services during that year. If the commission determines that a library does not meet the criteria for accreditation at any time during the accreditation year, the commission will notify the library in writing of the potential loss of accreditation. On notification of potential loss of accreditation, a library may be able to come into compliance, choose to be unaccredited, or appeal the determination. The new section also provides that if a library does not file its annual report by the established deadline, it will automatically lose accreditation for the upcoming state fiscal year. If a library is unaccredited for the year in question but wishes to be considered for accreditation in subsequent years, it must continue to submit an annual report. In all cases, a library must continue to submit an annual report to continue receiving certain minimum services.

New §1.82, Appeal of Accreditation Determination, establishes the process for how a library may appeal the loss of accreditation. The library may first appeal to the Library Systems Act Advisory Board (LSA Board) and must include a formal letter of appeal to the director of the Library Development and Networking Division. The LSA Board will consider the matter at a meeting and make a recommendation on the appeal to the director and librarian, who will make a final determination. If the library does not agree with the director and librarian's determination, the library may appeal to the Commission following the requirements of §2.55, Protest Procedure.

SUMMARY OF COMMENTS. The commission received 27 comments during the comment period, one of which is from an organization, the Texas Library Association (TLA). The remaining comments were submitted by individuals.

The following comments relate to the rules generally:

COMMENT: One individual suggested changing the language of governing board to board or city leadership, as many libraries operate at the direction of the city manager form of government.

RESPONSE: The commission notes that in most cases in the rules the term "governing authority" is used, which would include any form of governance of a library, including city manager form of government. The commission does note that in proposed §1.77 (relating to Other Operational Requirements) the term "governing board" was used. The commission updates that term to "governing authority" on adoption for consistency.

COMMENT: One individual expressed a general concern that small community libraries will not be able to meet the standards and requested reconsideration of the accreditation standards that will end up excluding small community libraries from the support they so desperately need.

RESPONSE: The commission notes that the proposed standards were designed so that the vast majority of libraries (at least 95%) are already in compliance with the standards and the remaining currently accredited libraries should be able to meet the standards without much difficulty. With an implementation time of two years, all libraries should have ample time to meet the standards.

The following comment relates to §1.70, Purpose and Scope:

COMMENT: One individual noted that §1.70(b) states that accreditation is not intended to evaluate the adequacy of a library's staff, budget, or resources, while §1.71(1) implies that accreditation reflects on library resources and operations, creating a contradiction. The individual suggested both sections be clarified.

RESPONSE: The commission notes that the criteria provide a baseline to assess minimum standards for quantitative measures for funding, circulation, and materials, for instance. The accreditation criteria do not reflect a qualitative assessment of the library's operations or overall adequacy in satisfying community needs. The commission believes that the definition of "accreditation" in §1.71(1) ("the process by which a library is accredited by the Texas State Library and Archives Commission as having met the standards in this subchapter") aligns with the statement in §1.70(b) ("[t]he accreditation process is designed to establish the minimum criteria a library must meet if the library wishes to take advantage of certain programs offered by the commission") and declines to make a change in response to this comment.

The following comment relates to §1.71, Definitions:

COMMENT: One individual expressed appreciation for the broadening of the definition of "professional librarian" in §1.71 to include a person with a master's degree or comparable certification in library or information studies from any accredited program, not just a program approved by the American Library Association.

RESPONSE: The commission appreciates the support for this change.

The following comments relate to §1.73, Public Library Services:

COMMENT: Several individuals submitted comments related to charges, specifically asking the commission to clarify whether charges would be allowed for the following: 3D paper filament, vinyl for Cricut projects, and other makerspace materials like special paper and wood.

RESPONSE: The commission notes that the rules do not prohibit a library from charging for materials that the library supplies patrons with local funds. In addition, the commission is modifying this section on adoption to list only those services that must be provided free of charge. Decisions regarding charges for any other library services shall be made locally.

COMMENT: One individual commented that the prohibition on charging for programming severely limits and hinders small, rural libraries that have little to no budget for programming. The individual noted that allowing libraries to recoup costs for supplies, for example, would enable these libraries to expand their reach in the community and offer more programming. This individual suggested the addition of wording authorizing libraries serving a demographic under a certain size (e.g., 10,000 or 25,000) to charge a fee for certain types of programming that requires supplies or specialty programming that requires paying an instructor (e.g., after-hours computer classes).

COMMENT: One individual noted in a webinar that TSLAC stated asking users to pay for program materials is prohibited under the rule, but that is not stated explicitly in the rule.

COMMENT: One individual requested clarification as to whether the rule would allow charges for the use of laptops, a library of "things," and other items that are normally reserved for residents due to expense and limited supply.

COMMENT: One individual suggested that the rule specifically allow libraries to charge for fundraising events.

RESPONSE: As noted above, the commission is modifying this section on adoption to list only those services that must be provided free of charge. Decisions regarding charges for any other library services shall be made locally. The rules do not affect a local jurisdiction's decisions regarding charges for fundraising events.

COMMENT: One individual requested clarification on whether the rules would allow libraries to charge for summer programs, noting they do not charge resident or non-resident children to participate in the weekly summer programs, but in order for children (resident or non-resident) to participate, they must have a library card.

RESPONSE: As noted above, the commission is modifying this section on adoption to list only those services that must be provided free of charge. Decisions regarding charges for any other library services shall be made locally. However, the commission does note that programs that are paid for in whole or part by state-awarded funds must be provided free of charge. Therefore, if the materials for a library's summer reading program were paid for with state-awarded funds, a library must provide those materials free of charge.

COMMENT: One individual provided comment about the state setting guidelines on access to resources that are provided by local funding, noting that access to the facility and use of resources within the library should be a decision for the city to address the demand on their resources and their specific costs and access criteria needs.

RESPONSE: The commission notes that new §1.73(6) clarifies that only the use of onsite resources that do not have to be reserved must be provided free of charge. In addition, as noted above, the commission is modifying this section on adoption to list only those services that must be provided free of charge. Decisions regarding charges for any other library services shall be made locally.

COMMENT: One individual requested that "borrowing privileges" be clarified so that it cannot be interpreted that all libraries must offer free borrowing privileges to everyone regardless of residency. The individual noted that the decision to charge for nonresident cards should be a local decision based on local expectations and demands.

RESPONSE: In response to other comments, the commission is modifying the language of §1.73 to specify only those services that must be provided free of charge. One such change is circulation of materials to those with borrowing privileges who reside in the library's legal service area. While the commission encourages libraries to make more services available to the public regardless of a person's residency, the rule as adopted will leave the decision on whether to charge nonresidents for borrowing privileges up to the library and its governing authority. The commission believes these changes address the commenter's concern regarding clarification of "borrowing privileges."

COMMENT: TLA noted that §1.73(c)(2) and (c)(3) require libraries to circulate and reserve materials without charge regardless of residency to those with borrowing privileges and §1.73(e) allows a public library to charge nonresidents for borrowing privileges, which may include reserving materials and access to library programming. TLA requested clarification of the language in (c)(2) and (c)(3) to reference (e) to avoid any confusion about the library's ability to charge nonresidents for borrowing privileges.

COMMENT: One individual suggested the rule specify what must be provided free of charge to cardholders and not specify what can be charged, as this would allow for more creativity and flexibility for cities to find revenue sources. Another individual similarly suggested the section include only a list of services that should remain free of charge while maintaining the autonomy of each library system to collect revenue in the way that is most beneficial for their current service model.

RESPONSE: The commission appreciates these comments and is changing the rule on adoption to list only those services that must be provided free of charge. Decisions regarding charges for any other library services shall be made locally.

COMMENT: Three individuals raised questions regarding charging non-residents for borrowing materials. One individual commented that §1.73(a), which mandates free services regardless of residency, conflicts with §1.73(e), which permits charging for borrowing privileges. Another individual commented that §1.73 is contradictory in stating that services must be provided without charge regardless of a person's residency but includes limitation to circulation and reserving of library materials to those with borrowing privileges. This individual suggested deletion of §1.73(c)(2), (3), (5), and (7).

RESPONSE: As noted above, the commission is modifying this section on adoption to list only those services that must be provided free of charge. Decisions regarding charges for other library services not listed shall be made locally.

COMMENT: One individual suggested the rule include language explicitly permitting differentiation among borrower types, such as age, residency, or other criteria.

RESPONSE: The commission declines to make a change in response to this comment. Decisions regarding differentiation among borrower types shall be made locally.

COMMENT: One individual suggested deletion of §1.73(c)(2), (3), and (5), deletion of the language "which may include reserving and access to library programming" from §1.73(e), and addition of a new §1.73(d)(10), "Use of materials in conjunction with makerspace equipment and technology."

RESPONSE: As noted above, the commission is modifying §1.73 on adoption to list only those services that must be provided free of charge. Use of computers is not included in this list. The commission is also clarifying on adoption that circulation and reserving of materials must be provided free of charge to those with borrowing privileges who reside in the library's legal service area. The commission is deleting proposed §1.73(e) on adoption, so decisions regarding services to nonresidents remains local. Finally, the rules do not require that materials used in conjunction with makerspace equipment and technology be provided free of charge. Because the rule does not list what services a library may charge for, the recommended addition to §1.73(d) is unnecessary.

COMMENT: One individual asked whether a library could limit use of popular meeting rooms to county residents.

RESPONSE: The accreditation rules were designed to work in alignment with a public library's policies and procedures. As such, a decision regarding limiting use of popular meeting rooms to county residents is a policy decision for the library not impacted by these rules.

COMMENT: One individual noted that most TexShare cards have restricted borrowing privileges for those outside the usual service area and asked if all accredited libraries have to give anyone who asks a full privilege card, what is the point of a TexShare card? Another individual commented that with Interlibrary Loan (ILL) and TexShare, the library does not loan certain items out. Two individuals requested clarification on the difference between a TexShare card, ILL, and a regular card for borrowing privileges.

RESPONSE: A TexShare card is a library card that allows a patron to borrow materials from other participating libraries across the state. Each library electing to participate in the TexShare card program sets its own eligibility and lending policies. The statewide interlibrary loan program (ILL) allows libraries to request items for their patrons from other libraries across the state. The accreditation rules do not give any additional borrowing authority to or change the working parameters a library feels are best for ILL or TexShare. Both of these programs have their own rules and guidelines in place, and the accreditation rules do not conflict with those programs. The commission does not believe a change is necessary in response to this comment as the guidelines for the TexShare card program and ILL are clear.

COMMENT: TLA commented that materials in a library may also be circulated or reserved via ILL or TexShare cards and noted that libraries may limit what materials will be loaned via these two services. TLA requested clarification that the requirements in these two sections only apply to borrowing and reserving privileges of those holding a regular library card, not to ILL or TexShare cards.

RESPONSE: As noted in response to the comment above, the commission does not believe a change is necessary in response to this comment, as the accreditation rules do not give any additional borrowing authority to or change the working parameters a library feels are best for ILL or TexShare. Both of those programs have their own rules and guidelines in place, and the accreditation rules do not conflict with those programs.

COMMENT: One individual commented that the standards proposed in §1.73 about what a library may charge for versus what they must provide free of charge attempt to usurp the decision-making power of locally elected and appointed leaders, noting that these decisions should be made locally as the local community is best suited to determine the expenditures funded through local taxes.

COMMENT: One individual asked whether limiting programs to library members would be equated with charging admission, which is prohibited under the proposed standards. They note that limiting admission is one way to ensure the local community is able to access the resources supported by their tax dollars.

RESPONSE: The rule as adopted only requires that admission to the facility be free of charge. Libraries may make their own decisions regarding limiting access to library programs or charging for those programs in line with these rules and the library's policies.

COMMENT: One individual commented that §1.73(b) was unreasonable, noting that it would be very difficult for libraries to comply and would have a real economic impact on staff time, additional physical shelving, managing multiple ILS, etc. This would result in more limited service for children using the public library as regular residents. The individual suggested the language "Libraries and the school systems will have an agreement in place on library policy" or something similar as this would allow each community to follow the interlocal agreement to set policy. Similarly, TLA commented that the requirement in §1.73(b) that libraries meet any policy requirements for K-12 school environments in addition to the public library requirement would create significant barriers to public and school library partnerships, as not all policy requirements in the K-12 school environment are applicable to public libraries. TLA suggested modifying the language to allow the district and the library to develop a functional agreement that meets the needs of both entities: "Libraries and school districts will have an agreement in place that establishes the policies each must adhere to."

RESPONSE: In response to these comments, the commission is modifying the language of this section on adoption to read "(b) Library entities contracted with school districts to provide library services to the general public residing in the school district must provide services in addition to that provided to school students, faculty, and staff. The library and the school district must enter into an agreement that establishes the policies each facility must adhere to, including all applicable state laws and regulations. Public library services must be provided at least the required number of hours all weeks of the year, except those weeks with national or state holidays."

COMMENT: One individual asked whether the rule would allow a library to restrict certain collections within the library. Another individual noted that many high-cost materials, both physical and digital, are restricted to residents due to budgetary constraints. This individual recommended the rule maintain flexibility for libraries to restrict access to high-cost or limited resources, ensuring fair allocation of resources funded by local taxpayers.

RESPONSE: The accreditation rules were designed to work in alignment with a public library's policies and procedures. As such, a decision regarding restricting certain collections within the library or restricting access to high-cost or limited resources are policy decisions for the library.

COMMENT: One individual commented that offering database use free of charge is cost prohibitive as some resources are cost per use basis, or based on a service population that would greatly expand if required to offer to all. Another individual asked what a library would do about database services that require the library to limit use to cardholders under the license agreement.

RESPONSE: The rule as proposed acknowledged that free computer use would be subject to local license agreements. However, the commission is also changing the rule to only require a public library to make a good faith effort to allow use of computers and other technology to access information sources, databases, or other similar services as allowed by local license agreements, to the general public without charge, regardless of the person's residency. This change should resolve the concerns in the comment.

COMMENT: Two individuals requested clarification on what is considered circulation of materials; specifically, whether this includes digital items.

RESPONSE: Circulation of digital items is a local decision based on local policies and applicable license agreements. The commission encourages transparency so that patrons are informed about their borrowing privileges, whether they are residents or non-residents. Libraries are free to set policies they find appropriate for their community. However, state-provided digital materials must be freely available to all patrons with borrowing privileges. The commission declines to make a change in response to this comment.

COMMENT: One individual requested clarification on the definition of "reserving" materials, noting only residents can place holds via ILS while non-residents may call to have an item "saved" if it is available. This individual recommended allowing libraries to maintain existing hold policies based on their service capacity and budget constraints.

RESPONSE: The commission does not find it necessary to define "reserving" materials and declines to make a change in response to this comment. The accreditation rules were designed to work in alignment with a public library's policies and procedures. As such, a decision regarding reserving materials is a policy decision for the library.

COMMENT: The commission received 14 comments from individuals and one from TLA related to computer use. One individual specifically asked whether a library could charge for computer use.

RESPONSE: In response to many of the comments expressing concern over requiring a library to provide access to computers free of charge, the commission is making a change on adoption. The rules as adopted only require a library to make a good faith effort to allow use of computers and other technology to access information sources, databases, or other similar services as allowed by local license agreements, to the general public without charge, regardless of the person's residency.

COMMENT: Three individuals requested clarification on whether the rules would prohibit requiring identification before using computers. One individual specifically noted the difficulty in tracking use of computer resources and enforcing the computer use policy. As an example, the commenter noted that if users are not identified, they may take advantage of multiple computer sessions per day. Another individual asked if a library would be allowed to require government-issued ID and proof of address, noting as stewards of the city's funds they want to be able to block users who do not follow rules, guidelines, and laws, so they need to establish identity before granting access.

RESPONSE: As noted above, the accreditation rules were designed to work in alignment with a public library's policies and procedures. As such, a decision regarding requiring identification before allowing an individual to use a computer is a policy decision for the library that is not impacted by these rules.

COMMENT: Three individuals requested clarification on whether the rule would allow a library to require either a library card or a computer use card to access computers. Two of these individuals noted that a computer use card may require presentation of identification but would not involve a charge.

RESPONSE: As noted above, the accreditation rules were designed to work in alignment with a public library's policies and procedures. As such, a decision regarding requiring identification or a computer use card before allowing an individual to access a computer is a policy decision for the library that is not impacted by these rules.

COMMENT: One individual asked whether the rules would allow a library to charge for a computer guest pass.

RESPONSE: As noted, in response to many of the comments expressing concern over requiring a library to provide access to computers free of charge, the commission is making a change on adoption. The rules as adopted only require a library to make a good faith effort to allow use of computers and other technology to access information sources, databases, or other similar services as allowed by local license agreements, to the general public without charge, regardless of the person's residency.

COMMENT: One individual expressed concern about allowing use of computers and other technology without charge regardless of residency, citing the accountability that comes with identified and carded users as opposed to anonymous persons having access. This individual questioned how libraries could monitor usage or ensure computer conduct policies are being adhered to otherwise, and asked who would provide funding if capacity increases. This individual suggested allowing a reduced charge to only access computer resources, noting that users should be identified and held responsible for any misuse of public library equipment including physical damage of equipment as well as access inappropriate or damaging content/files.

COMMENT: One individual noted that printing services in the library are linked to a user's library account, so users without library cards would require staff intervention for every print job.

RESPONSE: The commission notes that the changes on adoption should address this concern. In addition, the accreditation rules were designed to work in alignment with a public library's policies and procedures. As such, a decision regarding requiring a library card for an individual to access a computer is a policy decision for the library.

COMMENT: One individual requested clarification on whether they could continue to charge non-residents for a computer use only card if a non-resident does not want borrowing privileges.

RESPONSE: The commission notes that the changes on adoption should address this concern. In addition, the accreditation rules were designed to work in alignment with a public library's policies and procedures. As such, a decision regarding charging for a computer-use only card is a policy decision for the library.

COMMENT: One individual asked whether it would be a problem under the new rule to require parental permission for minors on computer use and not allow independent computer use for patrons 9 years old and younger.

RESPONSE: As noted above, the accreditation rules were designed to work in alignment with a public library's policies and procedures. As such, decisions regarding requiring parental permission for minors on computer use and not allowing independent computer use for patrons 9 years old and younger are policy decisions for the library that are not impacted by these rules.

COMMENT: One individual asked whether it would be a problem under the new rule to block patrons from using computers or checking out additional material if the patron has unpaid lost items or excessive fees (until fees are cleared). Another individual requested general clarification on how a library could handle accounts blocked for overdue, lost, or damaged items.

RESPONSE: As noted above, the accreditation rules were designed to work in alignment with a public library's policies and procedures. As such, decisions regarding consequences of unpaid lost items, excessive fees, or blocked accounts are policy decisions for the library that are not impacted by these rules.

COMMENT: One individual noted that offering access to computers to anyone is not feasible within the library's service guidelines, financial constraints, or staffing.

RESPONSE: As noted above, in response to many of the comments expressing concern over requiring a library to provide access to computers free of charge, the commission is making a change on adoption. The rules as adopted only require a library to make a good faith effort to allow use of computers and other technology to access information sources, databases, or other similar services as allowed by local license agreements, to the general public without charge, regardless of the person's residency.

COMMENT: One individual commented that decisions regarding the use of computers and technology should be made locally, within the community that funds the library.

COMMENT: TLA commented that requiring public libraries to provide unlimited computer access to any individual that walks through the library doors is cost-prohibitive and would create a significant burden on staff. TLA also noted that unfettered access to all databases free-of-charge without regard to residency would be extremely expensive, as some resources are cost-per-use or based on a service population that would be greatly expanded. TLA requested this item be removed or modified as follows: "Use of computers and other technology to access information sources, databases, or other similar services as allowed by local license agreements to those with borrowing privileges."

RESPONSE: The rule as proposed acknowledged that free computer use would be subject to local license agreements. However, a noted above, the commission is changing the rule on adoption to only require a public library to make a good faith effort to allow use of computers and other technology to access information sources, databases, or other similar services as allowed by local license agreements, to the general public without charge, regardless of the person's residency. This change should resolve the concerns in the comment.

COMMENT: One individual requested clarification of the definition and requirements for "other technology" in §1.73(c)(5). This individual noted that new technology is often expensive, so would likely be introduced on a limited basis, prioritizing residents. The individual commented that mandating universal access to such technology could discourage libraries from investing in these resources. This individual recommended providing specific definitions and examples of "other technology."

RESPONSE: Because the commission is changing the rule on adoption to only require a public library to make a good faith effort to allow use of computers and other technology to access information sources, databases, or other similar services as allowed by local license agreements, to the general public without charge, regardless of the person's residency, the commission finds it is not necessary to describe "other technology." By not including a definition, a library may make its own determination regarding "other technology."

COMMENT: One individual noted that the rule appears to prohibit a library from charging for a program created with funds from the State Library. The commenter noted that some libraries allow their Friends group to host a program (and charge for the program), but a library without a Friends group would be unable to charge for a program. Due to limited budgets, it may come down to a minimal charge for a program or no program.

RESPONSE: In response to this and other comments, the commission is clarifying the language in this section to specify that admission to specific programs that are paid for in whole or part by state-awarded funds (as opposed to "sponsored in whole or in part by state resources" as proposed) must be free of charge regardless of whether the library has a Friends group. The commission believes this change clarifies that participation in a specific program paid for by a Texas State Library and Archives Commission Special Projects Grant, for example, should be free of charge.

COMMENT: One individual requested clarification on what "sponsored in whole or part by state resources" in §1.73(c)(7) includes, asking if a library receives any in-kind support for things like summer reading program materials would the library be precluded from charging for materials used in a sewing class. The individual also asked whether the rule would mean that if a library accepts any kind of support from the state they are precluded from charging any fee for any program whether or not state support goes directly to that program. Lastly, the individual asks if a library accepts state support for a particular program, would the library be precluded from charging a fee for that program but could charge fees for other programs that do not receive direct state support?

RESPONSE: As noted above, in response to this and other comments, the commission is clarifying the language in this section to specify that admission to programs that are paid for in whole or part by state-awarded funds (as opposed to "sponsored in whole or in part by state resources" as proposed) must be provided free of charge. The commission believes this language clarifies that participation in a specific program paid for by a Texas State Library and Archives Commission Special Projects Grant, for example, should be free of charge. This section should not be construed to apply broadly to any program offered by a library. The commission addressed the ability of a library to charge for materials in response to earlier comments.

COMMENT: One individual asked whether the receipt of in-kind services such as ILL, TexShare cards, and TexShare databases would preclude the library for charging for admission and/or materials for programs conducted by the library. The individual requested the agency further define the intended meaning of the phrase "sponsored in whole or part by state resources."

RESPONSE: As noted above, in response to this and other comments, the commission is clarifying the language in this section to specify that admission to programs that are paid for in whole or part by state-awarded funds (as opposed to "sponsored in whole or in part by state resources" as proposed) must be provided free of charge. The commission believes this language clarifies that participation in a specific program paid for by a Texas State Library and Archives Commission Special Projects Grant, for example, should be free of charge. As noted in response to other comments in this adoption, the InterLibrary Loan and TexShare Card programs have their own rules and guidelines not impacted by these rules.

COMMENT: One individual asked what it means for a program to be "sponsored" by state resources, citing the following as examples in need of clarification: educational lecture that uses images from the Texas Digital Archive, story time after children's librarian attended a reading-aloud webinar linked on TSLAC website, implementing a new program discovered on the Library Developments blog, and getting program advice from a nearby librarian whose phone number was located in the Library Directory.

COMMENT: One individual asked whether it is limiting to list items a library can charge for when we do not know what the future holds for libraries. The individual noted that libraries are often tasked with looking for revenue generating opportunities and suggested that perhaps the rule should be limited to a list of what a library cannot charge for to keep it simple and sustainable.

COMMENT: One individual suggested clarifying that the list of items a library may charge for in §1.73(d) be clarified as examples of permissible charges rather than a comprehensive list of charges, otherwise the subsection risks unwittingly limiting a library's ability to provide future services they have not yet been imagined but a library would need to charge for.

COMMENT: Two individuals asked whether the list of allowable charges is meant to be exhaustive or merely examples. One of the individuals also recommended specifying if the list is inclusive or provide a broader framework for libraries to set charges based on community needs.

COMMENT: TLA commented that by limiting what a library can charge for to this very narrow list, the rules do not leave room for staff and city/county leaders to respond to community needs or requests for services that may require additional fees to be fiscally responsible. TLA also noted that, as cities and counties face budget shortfalls, libraries are being tasked with looking for revenue generating opportunities. As such, this limited list will limit creativity in meeting the future needs of the library and the community. TLA recommend adding this language: "A public library may charge for additional services not specified in this section if the library staff and governing authority identify community needs that cannot be met in a fiscally responsible manner and require fees."

COMMENT: One individual commented that charging residents is expressly allowed in §1.73(e) but seems to be prohibited in §1.73(f).

RESPONSE: The commission is making changes in response to this and similar comments. Specifically, the rule will not list items a library may charge for but will specify only those services that must be provided free of charge. In addition, the commission is modifying the language to provide that circulation of materials must be provided free of charge to those with borrowing privileges who reside in the library's legal service area. While the commission encourages libraries to make more services available to the public regardless of a person's residency, the rule as adopted will leave the decision on whether to charge nonresidents for borrowing privileges up to the library and its governing authority.

The following comments relate to §1.75, Local Operating Expenditures:

COMMENT: One individual suggested that libraries who fail to meet the requirements of §1.75, Local Operating Expenditures, be given conditional accreditation one time.

RESPONSE: The commission notes that the appeal process in §1.82, Appeal of Accreditation Determination, provides a uniform process available to any library wishing to appeal an accreditation determination, including the waiver of this section. The appeal process is an important component of public transparency and agency due diligence with regard to public funds. The commission declines to extend the applicability of conditional accreditation in response to this comment.

COMMENT: One individual noted the difficulty for a library meeting the same standards for libraries with bigger populations when the library gets a very small amount of funding from a county, but their official service population is doubled due to the funding from the county.

RESPONSE: The commission acknowledges that the acceptance of county funds may increase a library's service population. However, this requirement has been in commission rule since at least 1977, and the commission declines to make a change at this time. The commission further notes that a library may appeal a population assignment if it impacts the library's accreditation status under §1.82, Appeal of Accreditation Determination.

COMMENT: TLA suggested adding "per capita" after $22.00 in §1.75(d).

RESPONSE: The commission appreciates the comment. This typographical error was corrected in the published version of the rule.

COMMENT: TLA commented that §1.75(d) and (e) are almost identical and are perhaps redundant and requested clarification on the two subsections.

RESPONSE: The commission notes that subsection (d) refers to local government support and subsection (e) refers to total local operating expenditures. The commission has added language to both subsections to clarify the distinction and rearranged the sections for a more logical flow.

The following comments relate to §1.76, Quantitative Standards for Accreditation of Library:

COMMENT: One individual commented that the quantitative standard in §1.76(h) that a library serving a population of less than 25,000 persons is not required to employ a full-time equivalent professional librarian is disappointing and disrespectful, noting there are five institutions in Texas where an individual can earn the credentials to become a professional librarian and the importance of professional librarians. The individual commented that by not requiring a professional librarian, the rule implies that librarians are an unnecessary expense.

RESPONSE: The commission appreciates the comment and notes its support for professional librarians. This rule does not devalue professional librarians but instead broadens the options for small and rural libraries that wish to operate a public library for their community whose workforce is likely much smaller than larger communities. These rules are intended to provide a sustainable and affordable framework for library operations. The commission is aware of the budget challenges of many small and rural communities. This provision is intended to recognize the needs of these small communities and their commitment to establishing a library for the community. We note the difficulty that many small communities have expressed in hiring and retaining professional librarians. The commission wholly endorses every effort to recruit and retain professional staff but believes the state is best served by offering these communities another option for staffing. The commission declines to change this long-standing requirement at this time.

COMMENT: One individual expressed concern over the requirement that at least 5% of a library's collection items be published or created in the last five years, noting that as a small library, the only way to realistically achieve compliance would be to weed a considerable portion of their collection, as they do not have the budget to purchase sufficient new titles. The individual noted that if the goal is to ensure a steady purchase of new materials, this could be achieved without limiting the presence of older materials in the collection.

RESPONSE: The commission notes that this rule is not intended to limit the presence of older materials in a collection but rather to ensure a collection is timely and includes relevant publications. The commission also notes that a library's item count includes e-materials. Because the state provides e-materials at no cost to small and rural public libraries, a small or rural library has access to a current catalog of e-materials that can facilitate meeting this requirement.

COMMENT: Two individuals submitted comments about the continuing education requirement for librarians, noting that finding pertinent and meaningful continuing education opportunities is challenging and many classes have a cost associated with them, creating an unfunded mandate.

RESPONSE: The commission provides a myriad of asynchronous opportunities for continuing education requirements for librarians at no charge. Therefore, the commission declines to make a change in response to this requirement.

COMMENT: One individual asked about the value difference between 10, 15, or 30 hours of required continuing education in terms of leadership and meaningful improvements and enhancement to professional development. This individual also asked what makes an acceptable and impactful continuing education opportunity, and suggested the agency consider participation in professional activities and organizations to count toward the goal. The individual also asked who decides relevancy and how is it applied and understood across the profession. Similarly, another individual asked about the parameters for these classes and clarification on the value difference between the number of hours in terms of leadership. This individual asked what makes an acceptable and impactful continuing education course and suggested it might be more beneficial to participate in networking and professional groups so a librarian has a network of peers to support one another.

RESPONSE: Given the responsibilities of library operations, including administering public resources, navigating emerging challenges of cybersecurity, and implementing new technologies, the need for increased continuing education training for directors is imperative for efficient and effective public service. This rule is built on libraries determining what areas of advanced training are most relevant for the library in efficiently and effectively serving their patrons. The commission also notes the definition of continuing education in §1.71, Definitions, guides that the activities must be instructional, free of lobbying, and relevant to the operation of a library, and may include workshops, appropriate conference sessions, online training, and courses. Libraries may continue to consult with the commission's Library Development and Networking Division regarding continuing education opportunities if they have any questions. The commission believes the broad definition of continuing education coupled with support from the commission's Library Development and Networking Division provide libraries the most flexibility to meet this requirement. As such, the commission declines to make a change in response to this comment.

COMMENT: One individual noted that it is unclear why a director serving a larger population needs more continuing education credits than a director of a smaller community and also noted there is no description of what continuing education entails.

RESPONSE: The commission notes that robust training is important for all library staff. However, staff in small community libraries face greater challenges in participating in training given the need to keep a library open and able to assist patrons, often with only one or two library workers. The difference in required continuing education hours is only a reflection of the different capacities of libraries. The commission declines to make a change in response to this comment.

COMMENT: TLA noted that §1.76(f) requires library directors for libraries serving a population of 100,001 or more to complete a minimum of 20 hours of continuing education annually and directors serving populations of 100,000 or less to complete 10 hours annually. TLA asked what is the reason for the difference in the number of required hours, and what is the benefit in a director serving a larger population having to obtain more hours?

RESPONSE: As noted above, the commission notes that robust training is important for all library staff. However, staff in small community libraries face greater challenges in participating in training given the need to keep a library open and able to assist patrons, often with only one or two library workers. The difference in required continuing education hours is only a reflection of the different capacities of libraries. The commission declines to make a change in response to this comment.

COMMENT: One individual commented that requiring more continuing education for directors serving larger populations is unclear and disproportionate. This individual recommended basing continuing education requirements on the director's qualifications (e.g., MLS degree) rather than population size. The individual further commented that equitable continuing education requirements should be applied statewide.

COMMENT: TLA noted a typographical error in §1.76(f)- the number should be 100,000 (not 100,00).

RESPONSE: The commission appreciates the comment and makes this correction on adoption.

The following comments are related to §1.77, Other Operational Requirements:

COMMENT: One individual commented that the rules seem to indicate every library must have a public computer, printer, copier, and scanner, and noted it is not feasible to expect every library to provide all of these technologies to the public. This individual also noted that expecting staff to troubleshoot additional technology will create an even greater challenge in hiring and retaining employees.

RESPONSE: The commission notes that the requirement for a computer, printer, copier, and scanner is not a new requirement (see repealed §1.83, Other Requirements, which requires a library to have available both a photocopier and a computer with Internet access for use by the library staff and at least one computer with Internet access and printing/copying capabilities for the general public). On adoption, the commission adds the requirement for a library to have at least one public access computer to the definition of public library in §1.71(10).

COMMENT: One individual requested consideration of making ILL optional for libraries that serve a lower population level, noting the infrequency of requests, challenges learning the program, lack of duplicate copies of books, and that the ILL program has nothing to do with the quality of a library.

RESPONSE: The commission notes that the requirement to participate in ILL is not a new accreditation requirement. Participation in ILL enhances a library's collection and augments a library's available collection, enabling a library to better serve its patrons and support lifelong learning. In addition, the agency offers ILL training and consultation directly to librarians at no cost. Finally, the commission reiterates that the accreditation criteria provide a baseline to assess minimum standards for quantitative measures for funding, circulation, and materials- they do not reflect a qualitative assessment of the library's operations or overall adequacy in satisfying community needs. The commission declines to make a change in response to this comment.

COMMENT: One individual commented that the requirement in §1.77(5) that a library have a strategic plan approved by its governing authority is problematic, noting that this individual's county does not undertake strategic planning and the requirement is essentially a mandate for local elected county officials to do something. The individual noted that it would not be problematic to present a strategic plan to the library board for approval, but it would be problematic to submit a strategic plan to the county commissioners for approval.

RESPONSE: The commission notes that this is not a new requirement (see repealed §1.83(6), which requires a library to have a "long-range plan that is approved by its governing board"). The commission notes that the language in the new rule is nearly identical, except that the plan is referred to as a strategic plan rather than a long-range plan. The commission further notes that the new rule explicitly builds in flexibility by noting that the strategic plan "may be part of a larger plan from the governing authority." The commission declines to make a change in response to this comment.

COMMENT: One individual commented that their strategic long-range plan is part of the system of documents created by the city, and is an operational matter approved by the city manager's office to determine alignment with overall strategy. This individual suggested that within the city manager style of government, it should be left to the municipality for how this is handled; library accreditation should not extend into this area.

RESPONSE: The commission notes that the rule requires approval by the library's "governing authority," which would include any form of governance of a library, including city manager form of government. The commission declines to make a change in response to this comment.

COMMENT: One individual commented that the rule should specify what a strategic plan must include, such as measurable goals or alignment with statewide library standards, as plans could vary widely. The same individual suggested a standard template that could be submitted to TSLAC for peer review rather than that of a "governing body."

RESPONSE: While the commission does offer sample plans and training for drafting a strategic plan, the commission believes by not specifying the contents of a plan local officials retain the most flexibility to draft appropriate goals and policies for their community. The commission declines to make a change in response to this comment.

COMMENT: One individual suggested allowing an advisory board or city leadership (e.g., city manager) to approve a library's strategic plan.

RESPONSE: The commission notes that the requirement for a long-range plan approved by a library's governing board has been in place since at least 2004. In the new rule, the commission has broadened the approval authority by referring to "governing authority" as opposed to "governing board." This term encompasses any form of governance of a library, including a city manager form of government. Ideally, a library's strategic plan would be approved by all entities or individuals involved in the operation of a library. However, the rule only requires approval by the library's governing authority.

COMMENT: One individual commented that the requirement in §1.77(5) for a strategic plan is restrictive, as not all libraries have strategic plans or the means to develop strategic plans. The individual noted in their town, they are developing an overall town strategic plan, but it will not be library specific.

RESPONSE: The commission notes that it offers sample plans and training for drafting strategic plans. In addition, by not identifying specific components of a strategic plan in rule, the library is free to develop the plan that best meets the needs of the library and its governing authority. In addition, the rule notes that the strategic plan may be part of a larger plan from the governing authority. Given the flexibility afforded libraries in the rule as proposed, the commission declines to make a change in response to this comment.

COMMENT: One individual noted that their strategic plan is typically approved by their advisory board and it may not be possible for every city or library to get a strategic plan approved by city council if that is not their normal process. Another individual suggested allowing the governing authority, such as an advisory board or city leadership/city manager, approve the strategic plan.

RESPONSE: The commission has already addressed city manager style of governance and noted that use of the term "governing authority" is broad enough to include this structure. Further, the requirement for a library's governing body to approve a long-range plan has existed in the accreditation rules since at least 2004. As such, the commission declines to make a change in response to this comment.

COMMENT: TLA commented that in most cases, a library's strategic plan is not approved by its governing authority as a separate strategic plan (often the library advisory board in its advisory capacity); rather the library strategic plan functions as one part of the whole. TLA recommends deleting "that is approved by its governing authority and" - libraries will be required to have a strategic plan that is reviewed and updated at least every five years, and the plan may be part of the larger plan developed by the governing authority, but this change will provide flexibility for the various types of governing processes.

RESPONSE: The commission notes that the accreditation rules have required approval of a library's long-range plan by the library's governing board since at least 2004. The commission further notes that the new section as adopted acknowledges that the strategic plan may be part of a larger plan from the governing authority. The commission declines to make a change in response to this comment.

COMMENT: Two individuals noted that other city departments manage some of the specified policies and those departments may not post those policies publicly, adding that it is not the role of the library to require they be posted.

RESPONSE: The commission notes that the rule does not require the library to post policies. The rule requires that the policies be publicly available. If the appropriate policy is maintained by a different city department but the library is subject to the policy, then the library would be in compliance with this section by directing interested persons to the appropriate city department. If portions of a policy are considered confidential by the city, the city should follow the requirements of the Public Information Act in making those policies available. The commission declines to make a change in response to this comment.

COMMENT: One individual noted that it may not be feasible for libraries to address information security and privacy when other entities, such as IT departments, already have requirements in place. The individual also noted there is no mention of the content for these policies and suggested this be a recommendation, not a requirement.

RESPONSE: The commission notes that the rules do not require the library to draft the policies. The commission acknowledges that the library may be subject to policies created by other departments of the city or county, for example. If that is the case, then the library would be in compliance with this section by directing interested persons to the appropriate city or county department for the policy. The goal with this requirement is to ensure a library is able to support its decisions pertaining to circulation, collection development, technology use, and information security and privacy with written guidelines.

COMMENT: One individual noted that another department may be responsible for technology use and information security and privacy policies, noting that the library would have to defer to ITS.

RESPONSE: The commission acknowledges that the library may be subject to policies created by other departments of the city or county, for example. If that is the case, then the library would be in compliance with this section by directing interested persons to the appropriate city or county department for the policy. The goal with this requirement is to ensure a library is able to support its decisions pertaining to circulation, collection development, technology use, and information security and privacy with written guidelines.

COMMENT: One individual commented that crafting information security and privacy policies requires specialized input and approval from the city IT department to ensure compliance with existing municipal standards and cybersecurity practices. This individual commented that it is unreasonable to require a non-library department, such as a city IT department, to adhere to rules set by the commission for library accreditation. This individual also commented that smaller or rural libraries may lack access to dedicated IT support, making compliance even more challenging. The individual recommended making the information security and privacy policy a recommendation rather than minimum accreditation requirement, allowing libraries to collaborate with their local resources as feasible.

STATUTORY AUTHORITY. The new sections are adopted 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.

§ 1.71. Definitions.

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

(1) Accreditation--means the process by which a library is accredited by the Texas State Library and Archives Commission as having met the standards in this subchapter. Accreditation is not required but determines the eligibility of public libraries to receive state assistance through programs and services of the Texas State Library and Archives Commission.

(2) Agency--means the Texas State Library and Archives Commission as an agency of the state of Texas, including the staff, collections, archives, operations, programs, and property of the Texas State Library and Archives Commission.

(3) Commission--means the seven-member governing body of the Texas State Library and Archives Commission.

(4) Continuing education--means professional development activities for library directors that are instructional, free of lobbying, and relevant to the operation of a library. Activities may include workshops, appropriate conference sessions, online training, and courses.

(5) Library collection item--means any item in the library's catalog that may be circulated, including books, e-books, audio and e-audio books, video and e-video items, non-traditional educational items such as kits, instruments, and equipment, and locally licensed databases or other informational items as determined by professional library standards.

(6) Library operating hours--means the number of unique hours the library is open to the public as set by local governing authorities based on and subject to local considerations, including need and budget.

(7) Local fiscal year--means the 12-month period used by a local entity for budgeting and operations. For accreditation purposes, it is the fiscal year in which January 1 of the requested year falls.

(8) Per capita--means the locally funded operating expenditures of the library divided by the library's assigned population under §1.72 of this title (relating to Legal Service Area).

(9) Professional librarian--means a person holding a master's degree or comparable certification in library or information studies from an accredited program.

(10) Public library--means a library that is operated by a single public entity or board, that is freely open to all persons under identical conditions, that receives its financial support in whole or part from public funds, and that provides the following at a minimum:

(A) An organized collection of print or other library materials, or a combination thereof;

(B) At least one public access computer;

(D) An established schedule in which services of the staff are available to the public; and

(E) The facilities necessary to support such a collection, staff, and schedule.

(11) State fiscal year--means the 12-month period beginning September 1 and ending August 31.

§ 1.72. Legal Service Area.

(a) A public library's legal service area is based on the source(s) of local government funding for the library and the population assigned to the library as described below. Legal service area calculations will be determined as follows using the population in the most recent decennial census or official population estimate of the United States Department of Commerce, Bureau of the Census, if available:

(1) In counties with one or more public libraries that receive only city and private funds, each library is credited with serving the population of the city or cities from which it receives funds or with which it has a contract.

(2) In counties with only one public library and that library receives county funds, the library is credited with serving the entire county population.

(3) In counties with more than one public library that receives both city and county funds, the libraries that receive city and county funds are credited with serving their city population plus a percentage of the population living outside the cities. This percentage is the ratio of each city's population to the total of all the populations of cities with public libraries within the county.

(4) In counties with a library established by the county commissioners court and that receives no city funds or an incorporated library that receives no city funds, and one or more city libraries that receive county funds, the city libraries that receive county and city funds are credited with serving their city populations plus a percentage of the county population living outside the cities. The percentage is the ratio of each city's population to the county population. The county library or incorporated library that receives county funds and no city funds serves all county residents not served by a city library.

(5) In counties with one library that receives county funds and one or more public libraries that do not receive county funds, the library that receives county funds is credited with serving the county population less the populations of cities with public libraries.

(6) In counties with more than one library that receives county funds and no city funds, the county population living outside cities with public libraries will be prorated among the libraries in the same ratio as the county funds are allocated.

(7) When school districts contract with one or more nonprofit corporations, cities, municipalities, or counties for public library services as part of their students' educational program, the library is credited with serving the total population living within the school district, as published annually in the most recent Small Area Income and Poverty Estimate Program (SAIPE).

(8) Libraries that enter into agreements or contracts with counties, cities, municipalities, or school districts to provide public library services will be assigned the respective population under this section whether or not there is an exchange of funds.

(9) If a library believes it has been assigned an unrealistic population figure, it may request in writing that the Library Systems Act Advisory Board approve an exception to the population-served methodology. The board will use its discretion to devise a method by which data from the United States Department of Commerce, Bureau of the Census will be used to calculate the legal service area.

(b) If a library does not report receiving public monies for public library service, that library will be assigned no population.

(c) Population estimates assigned at the beginning of the state fiscal year will remain in place throughout the following annual report submission and review process period until new populations are assigned for the following cycle. Any resulting population changes will go into effect with the next assignment of the legal service areas.

§ 1.73. Public Library Services.

(a) A public library must provide the following services to the general public without charge:

(1) Dissemination of civic, community, or other ephemeral material freely available and not in the library's catalog;

(2) Circulation of materials to those with borrowing privileges who reside in the library's legal service area;

(3) Reserving library materials to those with borrowing privileges who reside in the library's legal service area;

(4) Reference services;

(5) Admission to the facility;

(6) Use of onsite resources that do not have to be reserved; and

(7) Admission to programs conducted by the library that are paid for in whole or part by state-awarded funds.

(b) In recognition of the statewide benefit to the public having access to library materials, a public library is encouraged to provide services free of charge to the general public regardless of residency, including borrowing privileges. However, these rules do not prohibit a library from establishing policies, including the imposition of fees and terms, under which borrowing privileges may be extended to individuals living outside of the library's legal service area.

(c) A public library must make a good faith effort to allow use of computers and other technology to access information sources, databases, or other similar services as allowed by local license agreements, to the general public without charge, regardless of the person's residency.

(d) Library entities contracted with school districts to provide library services to the general public residing in the school district must provide services in addition to that provided to school students, faculty, and staff. The library and the school district must enter into an agreement that establishes the policies each library facility must adhere to, including all applicable state laws and regulations. Public library services must be provided at least the required number of hours all weeks of the year, except those weeks with national or state holidays.

(e) A public library shall serve all members of the general public, certifying annually that no person shall be excluded from participation in or denied the benefits of the appropriate services of that library in accordance with federal and state law.

§ 1.75. 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 that expends at least $22.00 per capita and at least $200,000 of local funds is exempt from subsection (a) of this accreditation criterion.

(c) 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, school districts, or city, municipal, or county governments.

(d) A public library that expends at least $22.00 per capita is exempt from subsection (c) of this accreditation criterion if it shows evidence of some library expenditures from local government sources and is open to the public under identical conditions without charge.

(e) A public library must have minimum total local expenditures of $24,000 in local fiscal years 2026, 2027, 2028; at least $27,000 in local fiscal years 2029, 2030, 2031; at least $30,000 in local fiscal years 2032, 2033, 2034.

§ 1.76. Quantitative Standards for Accreditation of a Library.

(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 local expenditures on library collection items. If the library serves 25,000 persons or less, the library must maintain a collection of at least 7,500 library collection items.

(c) A public library must ensure at least 5 percent of its library collection items were published or created in the last five years.

(d) A public library must be open for service not less than 40 hours per week, except that a public library that serves 25,000 persons or less must be open for not less than 20 hours per week.

(e) A public library must employ a library director for at least 40 hours per week, except that a public library that serves 25,000 persons or less must employ a library director for at least 20 hours per week.

(f) A library director for a library serving a population of 100,001 or more must complete a minimum of 20 hours of continuing education annually. A library director for a library serving a population of 100,000 or less must complete a minimum of 10 hours of continuing education annually. A library director must maintain documentation of attendance, duration, and relevance of each continuing education credit claimed.

(g) A library must have local expenditures as follows:

(1) A library serving a population of 200,001 persons or more must have local expenditures equaling at least $13.50 per capita in local fiscal years 2026, 2027, 2028; at least $13.91 in local fiscal years 2029, 2030, 2031; and at least $14.32 per capita in local fiscal years 2032, 2033, 2034;

(2) A library serving a population of 100,001 - 200,000 persons must have local expenditures equaling at least $10.50 per capita in local fiscal years 2026, 2027, 2028; at least $10.82 in local fiscal years 2029, 2030, 2031; and at least $11.14 per capita in local fiscal years 2032, 2033, 2034;

(3) A library serving a population of 25,001 - 100,000 persons must have local expenditures equaling at least $7.50 per capita in local fiscal years 2026, 2027, 2028; at least $7.73 in local fiscal years 2029, 2030, 2031; and at least $7.96 per capita in local fiscal years 2032, 2033, 2034; and

(4) A library serving a population of 25,000 or less must have local expenditures equaling at least $5.50 per capita in local fiscal years 2026, 2027, 2028; at least $5.67 in local fiscal years 2029, 2030, 2031; and at least $5.83 per capita in local fiscal years 2032, 2033, 2034.

(h) A library must employ full-time equivalent professional librarians as follows:

(1) A library serving a population of 200,001 persons or more must employ at least six full-time equivalent professional librarians with one additional full-time equivalent professional librarian for every 50,000 persons above 200,000;

(2) A library serving a population of 100,001 - 200,000 persons must employ at least four full-time equivalent professional librarians, with one additional full-time equivalent professional librarian for every 50,000 persons above 100,000;

(3) A library serving a population of 25,001 - 100,000 persons must employ at least one full-time equivalent professional librarian, with one additional full-time equivalent professional librarian for every 50,000 persons above 50,000; and

(4) A library serving a population of 25,000 or less is not required to have a professional librarian on staff.

§ 1.77. Other Operational Requirements.

Each public library applying for accreditation must meet the following requirements and report to the agency on the status of each requirement annually:

(1) The library must have a website detailing current services and contact information, including a telephone number and email address.

(2) The library must have available technology to enable staff and the general public to access the Internet and print, copy, and scan materials.

(3) The library must have an integrated searchable catalog of its holdings available to the public online through the library's website.

(4) The library must offer to borrow materials through the statewide interlibrary loan system for eligible persons residing within the library's legal service area and offer to lend materials to other participating Texas libraries using the statewide interlibrary loan system. The library's governing authority may adopt local policies regarding collections available to lend, lending periods and renewals, patron eligibility, and other factors. Local policies must be available to the public.

(5) The library must have a strategic plan that is approved by its governing authority and reviewed and updated at least every five years. The library's strategic plan may be part of a larger plan from the governing authority.

(6) At a minimum, the library must maintain current and publicly available policies or procedures, approved by the library's governing or designated authority, addressing the following subjects:

(A) Circulation;

(B) Collection Development;

(D) Information Security and Privacy.

§ 1.80. Conditional Accreditation of a Library.

(a) Conditional accreditation is a temporary status granted when a library fails to meet one criterion in this subchapter. A conditionally accredited library enjoys the same benefits and privileges as a fully accredited library. A library that fails to meet more than one criterion is not eligible for conditional accreditation.

(b) The maximum length of time a library may be conditionally accredited is three years. A library that is still unable to meet an accreditation criterion at the end of the conditional accreditation period, whether it is the same or a new criterion, will not be accredited and must reapply for accreditation the following year.

(c) A public library actively seeking accreditation by securing the per capita support necessary for qualification may be conditionally accredited on the basis of the library's current operating budget rather than its expenditures of the preceding year.

(d) To be fully accredited, a library must meet all accreditation requirements in this subchapter by the end of the conditional accreditation period.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 24, 2025.

TRD-202501340

Sarah Swanson

General Counsel

Texas State Library and Archives Commission

Effective date: September 1, 2025

Proposal publication date: November 15, 2024

For further information, please call: (512) 463-5460

13 TAC §§1.71 - 1.75, 1.77, 1.79 - 1.87

The Texas State Library and Archives Commission (commission) adopts the repeal of Texas Administrative Code, Title 13, Chapter 1, Subchapter C, §§1.71 - 1.75, 1.77, 1.79 - 1.87, concerning Minimum Standards for Accreditation of Libraries in the State Library System. The repeal is adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9148). The rules will not be republished.

The repeal of these sections will enable the commission to update all of the accreditation standards for public libraries seeking accreditation for State Fiscal Year 2028. Some of the repealed language will remain unchanged in the new accreditation standards. However, because of the significant number of revisions and new sections, the commission determined the best approach was to repeal the existing sections and replace with new sections. The new sections may also be found in this issue of the Texas Register . The proposed repeals will become effective September 1, 2025.

SUMMARY OF COMMENTS. The commission did not receive any comments on the proposed repeals.

STATUTORY AUTHORITY. The repeals are adopted 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.