OPENING ITEMS

1. Welcome and Introductions
   
   Chair Wong called the meeting to order on August 4 at 8:30 a.m. and stated that the agenda was posted with the Secretary of State on the Texas Register on July 27, 2023. She welcomed everyone to the meeting.
    
2. Roll Call for Members and Establishment of a Quorum

Chair Wong took a roll call of commission members and established that a quorum was present.

3. Approval of Minutes of the June 2, 2023, Commission Meeting

Sarah Swanson made note of needed corrections to technical errors in the minutes of the June 2, 2023, meeting.

Commissioner Mann moved to accept the commission meeting minutes for June 2, 2023, with these corrections. Commissioner Tegeler seconded the motion. All commissioners voted in favor, and the minutes were approved unanimously.

4. Public Comment

Lucy Podmore, a former chair of the Texas Association of School Librarians and current Texas high school librarian, noted that broad collection development standards provide necessary guidance for librarians, ensure school libraries offer a balanced collection that supports curriculum and free choice reading, as well as provide flexibility for districts to layer policies reflecting each of their respective communities. In addition, the standards allow librarians a point of reference for when materials may be challenged. Best practices ensure that a committee of librarians, classroom teachers, and parents have input to the materials under reconsideration instead of only one or two people; and reconsideration requires a reading of the entire work rather than passages taken out of context. Lucy Podmore noted that access to materials under the reconsideration process should not be restricted, which would help prevent situations in which materials are indefinitely restricted without a full committee review. She noted that Texas public schools and their families represent a diverse and varied community deserving full representation in their reading choices and concluded that certified librarians and solid standards play a key role in improving literacy and test scores of Texas public school children.

Brooke King, chair of the Texas Association of School Librarians and middle school librarian, spoke to Item 13 of the meeting agenda and in support of the collection development standards. She noted that having a baseline standard for all schools in Texas, written by experts at TSLAC in conjunction with the State Board of Education, benefits school communities and students and ensures districts meet and are held to guidelines. She noted that it is critically important for the standards to identify that a certified school librarian selects library materials in school, stating that such individuals have at least two years of classroom teaching experience, a master’s degree, and passed the certification exam for the state. She also noted that school librarians are responsible to enact due diligence when making decisions on their campus collections through researching the appropriateness of the material and involving the community by considering input from teachers, students, parents, and other stakeholders.

5. Conflict of Interest Disclosures

Commissioner Tocker reported that Partners Library Action Network is seeking a grant from the Texas State Library and Archives, and he has a direct monetary relationship with them, as the organization rents office space from the Tocker Foundation.

  RULES - PROPOSALS

6. 13 TAC Chapter 3, State Publications Depository Program

Sarah Swanson noted that the commission is required to review and readopt, as necessary, the agency’s administrative rules. During the commission’s recent review of the rules in Chapter 3 of the Texas Administrative Code (TAC), which focuses on state publications and the depository program, TSLAC is proposing amendments and new rules to clean up and improve the rule language. The proposed changes include:

• amendments in §3.1, Definitions;
• amendments in §3.2, Standard Requirements for Publications in All Formats;
• a repeal of §3.3, Standard Deposit and Reporting Requirements for State Publications in All Formats, and the replacement with a new §3.3, Standard Deposit and Reporting Requirements for State Publications in All Formats; and
• amendments in §3.7, State Publications Contact Person.Amendment to §3.5, Standard Exemptions for State Publications in All Formats

Sarah Swanson stated that, because changes to section 3.3 are extensive, though not necessarily substantive, a full repeal and replacement was appropriate. She also reported that the proposed changes in these rules for Chapter 3 have been reviewed by the Governor’s Office. She then asked the commission to approve the publication of these amendments and new section in the Texas Register for the purpose of receiving public comment and a later convening of the commission to adopt the changes.

A motion for this purpose was made by Commissioner Tocker and seconded by Commissioner Tegeler. The motion carried unanimously.

  RULES - ADOPTIONS

7. 13 TAC Chapter 9, Talking Book Program

Sarah Swanson reported that TSLAC staff reviewed the entirety of Chapter 9 of the TAC Rules and, during the last commission meeting held April 14, 2023, proposed a number of changes, including repeals, new sections, and amendments. The proposed changes were published in the May 5, 2023, issue of the Texas Register for public comment. No public comment was received.

Sarah Swanson requested the approval of the adoption of the following changes:

• a repeal of §9.1, Definitions, and the replacement with a new §9.1, Definitions;
• amendments in §9.2, Administration;
• amendments in §9.3, Eligibility;
• amendments in §9.4, Application for Service;
• amendments in §9.5, Priority Service to Veterans;
• amendments in §9.6, Status of Users;
• amendments in §9.7, Playback Equipment;
• amendments in §9.8, Books and Magazines;
• amendments in §9.9, Availability of Materials;
• amendments in §9.11, Misuse of Service;
• amendments in §9.12, Notification of Potential Suspension;
• amendments in §9.13, Correction of Problem;
• amendments in §9.14, Suspension of Service;
• amendments in §9.15, Reinstatement of Service;
• amendments in §9.16, Termination of Service;
• amendments in §9.17, Transfer of Service; and
• amendments in §9.18, Reactivation of Accounts.

Sarah Swanson noted that, should they be approved by the commission, the changes would become effective 20 days after filing with the Texas Register.

Commissioner Tocker moved to approve the adoption of the proposed changes to Chapter 9. Commissioner Mann seconded the motion. The motion carried unanimously.

8. 13 TAC Chapter 3, State Publications Depository Program

Sarah Swanson requested the approval of the adoption of the amendments to §3.5, Standard Exemptions for State Publications in All Formats, and §3.6, Special Exemptions. The proposed changes were brought before the commission during the meeting held in June 2023 and were published June 16, 2023, for public comment. No public comment was received. She noted that if the changes were approved, they would become effective 20 day after filing.

Commissioner Iglesias moved to approve the adoption of the proposed amendments. Commissioner Paup seconded the motion. All commissioners voted in favor, and the motion passed unanimously.

9. 13 TAC Chapter 10, Archives and Historical Resources

Sarah Swanson requested the approval of the adoption of an amendment to §10.1, Definitions, and the adoption of a new section, §10.5, Transfer of State Agency Records to the State Archives. The proposed changes were brought before the commission during the meeting held in June 2023 and were published June 16, 2023, for public comment. No public comment was received. If the changes are approved, they would become effective 20 day after filing.

Commissioner Tocker moved to approve the adoption proposed amendments. Commissioner Iglesias seconded the motion. The motion carried unanimously.

RULE - REVIEWS

10. Notice of Intent to Review Chapter 2, General Policies and Procedures

In keeping with cyclical deadlines for rules reviews, Sarah Swanson requested the commission’s approval to publish a notice of intent to review 13 TAC, Chapter 2, General Policies and Procedures, which relates to certain agency processes, including rules about grant processes. If approved, the notice would be published in the Texas Register for the purpose of receiving public comment and later shared with the commission for adoption.

Commissioner Tocker moved to approve the notice of the intent to review Chapter 2. Commissioner Paup seconded the motion. The motion carried unanimously.

11. Notice of Intent to Review Chapter 7, Local Records

Sarah Swanson requested the commission’s approval to publish a notice of intent to review Chapter 7, Local Records, which relates to the agency’s rules on local records, management division, and entities with whom the agency interacts. If approved, the notice would be published for public comment and later shared with the commission for adoption.

Commissioner Tocker moved to approve the notice of the intent to review Chapter 7. Commissioner Mann seconded the motion. The motion carried unanimously.

12. Adoption of Review of Chapter 1, Library Development

Sarah Swanson reported that the commission approved posting the notice of intent to review the rules of Chapter 1, Library Development, during the meeting held in April 2023. The notice was published April 28, 2023, in the Texas Register for 30 days for the public comment period. No comments were received. After conducting the review of the rules, the agency found that the reasons for initially adopting the rules continue to exist, and therefore recommends the commission readopts Chapter 1 in its entirety.

Commissioner Paup moved to approve to readopt Chapter 1. Commissioner Tocker seconded the motion. The motion carried unanimously.

After the vote, Chairman Wong asked Sarah Swanson to give context of when the rules are published for public comment. Sarah Swanson noted that there is a community of people who follow the Texas Register for proposed rule publications. For specific focus areas, the agency may reach out to stakeholders that may be affected by the rules or others who may be impacted, because the agency wants comments to ensure the rules work for everyone. In September 2023, in keeping with new Texas State requirements, the agency will begin publishing a summary of all proposed new rules actions in plain language on the TSLAC website.

BRIEFINGS AND ACTION ITEMS

13. Mandatory School Library Collection Development Standards (H.B. 900, 88th R.S.)

Sarah Karnes reported that, as part of the requirements of H.B. 900, TSLAC is working with the State Board of Education to develop minimum collection development standards for school libraries. These standards are streamlined, minimum requirements with a focus on elements of H.B. 900 and baseline collection development requirements. TSLAC also intends to provide voluntary best practices, and school districts may overlay their own additional specifications as they deem appropriate to address local needs so long as those local specifications do not conflict with the minimum requirements. Ms. Karnes then provided to the commission a tentative timeline for the approval process of the standards, including the first step in having the commission’s approval to present the standards to the State Board of Education (SBOE) for consideration at its meeting set for August 29 to September 1, 2023. Sarah Karnes noted that the standards brought before the commission were developed with consultation with the SBOE Chair Dr. Keven Ellis and Dr. Audrey Young, Chair of the SBOE Committee on Instruction.

Chair Wong asked Sarah Karnes to clarify who worked on the development of the standards throughout the extensive period of agency activity in this area. Sarah Karnes explained that initially a working group of school librarians, a representative of the Texas Education Agency, a member of the State Board of Education, and representation from the Parent Teacher Association of Texas had been working on collection development guidance since the summer of 2022 in an effort to provide districts with additional guidance through TSLAC’s existing voluntary school library standards. As a result of H.B. 900, however, the agency had the group shift its focus to development of the minimum required standards (as stipulated in H.B. 900).

Commissioner Paup asked if the school districts will have an opportunity to comment on the standards developed in response to H.B. 900. The draft rules will be open for public comment once the rules are posted in the Texas Register. Gloria Meraz noted that school libraries may add other procedures that make sense logically within their respective district. Sarah Swanson then clarified that TSLAC will not have enforcement authority over these standards once they are approved. The deadline for adoption is Jan. 1, 2024.

Commissioner Tocker moved to approve to present the standards to the State Board of Education for consideration at its next meeting. Commissioner Mann seconded the motion. The motion carried.

14. Acceptance of a Gift $500 or Greater

Ann Minner reported that TSLAC received a gift of $500 from Patricia L. Skoff to the Talking Book Program. Commissioner Mann moved to approve the acceptance of the gift. Commissioner Paup seconded the motion. The motion carried unanimously.

15. FY 2024 Contract Plan

Sarah Swanson presented the fiscal year contract plan for 2024 and reminded everyone that 13 TAC Chapter 2, §2.77, which was adopted in November of last year, relating to the agency’s contract approval, authority, and responsibilities, is now in effect. Sarah Swanson reviewed the new procedure and then invited the commissioners to provide feedback on how the information on contracts are presented.
 

16. Review and Approval of Contracts, Contract Renewals, and Amendments
    
    Sarah Karnes presented the following contracts for review and approval by the commissioners:
    
    a.) New contract for Interlibrary Loan (ILL) Online System. Texas libraries are required to borrow and lend materials though the statewide ILL service, to be accredited through TSLAC. There are 560 Texas libraries live on the current system with OCLC, which is retiring the navigator system from its services in August 2024. Sarah Swanson requested approval from the commission to award and execute a contract with Auto-Graphics, Inc., in an amount not to exceed $4,500,000 for the entire contract term, including the initial two-year term, and up to three optional two-year renewal periods. Auto-Graphics, Inc. has been established for 35 years and its services are used in 16 other statewide resource-sharing groups in the U.S.

    Commissioner Mann moved to approve the execution of the contract. Commissioner Tegeler seconded the motion. The motion carried unanimously.
    
    b.) New contract for E-Rate Application Assistance. Since 2017, TSLAC has supported local libraries in accessing high-speed broadband Internet access by leveraging discounts through the federal government’s E-Rate Program. TSLAC has contracted with a provider to assist libraries with the arduous application process and the technology review often needed to complete the applications. TSLAC hopes to increase the number of libraries and services provided. Sarah Karnes requested the approval of the commission to award and execute a contract with E-Rate Central, which is the same as the current vendor, in an amount not to exceed $4,050,000 for the initial two-year period and two additional two-year renewal periods.
    
    Commissioner Tocker moved to approve the execution of the contract. Commissioner Tegeler seconded the motion. The motion carried.
    
    c.) Renewal of contract with Education Service Center 20 (ESC Region 20), TexQuest Support. Since 2013, TSLAC has contracted with ESC Region 20 to provide technology support, outreach, a central program website, and training for districts opting to participate in the program, which now includes 856 member districts and charter schools. The agency entered a competitive bid process in January 2020 and awarded a one-year contract with up to four subsequent one-year renewals. This request would be for the third renewal. This year, a new service will include an enhanced technical and program support designed to assist participating schools with curating content of their electronic resources according to their collection development standards to meet local requirements. Sarah Karnes requested approval from the commissioners for the contract renewal for the ESC Region 20’s TexQuest program, not to exceed $550,500 from September 1, 2023, to August 31, 2024.
    
    Commissioner Mann moved to approve the execution of the contract. Commissioner Paup seconded the motion. The motion carried.
    
    d.) Extension of contract with Sirsi Corporation. Sarah Swanson requested approval from the commissioners to extend the contract with Sirsi Corporation, which serves as the agency’s online catalog, for a one-year extension at a cost not to exceed $89,906.60.
    
    Commissioner Tocker moved to approve the extension of the contract. Commissioner Iglesias seconded the motion. The motion carried unanimously.
    
    e.) Extension of contract for School Library Consultant. TSLAC is seeking the extension of a contract with Suzanne Lyons, originally contracted as a school library consultant to help the agency manage the technical and other support work for the agency’s school library standards project, in an amount not to exceed $25,000 for a term of September 1, 2023, to August 31, 2024 Commissioner Mann moved to approve the extension of the contract. Commissioner Paup seconded the motion. The motion carried unanimously.
    
    f.) Amend contract with Texas Facilities Commission. TSLAC entered into two contracts with the Texas Facilities Commission (TFC) in August 2020 for repairs at the Sam Houston Center located in Liberty, Texas. The first contract covered work conducted on the center itself, currently set at $95,500; and the second contract covered repairs to the Daniel Home and other historical buildings onsite, starting at $574,891 and later adding an additional $50,000 approved by the commissioners for architectural engineering and construction costs determined by the construction management company working under the oversight of TFC. Because of the length of time to have the repairs started and the rising costs of construction, TFC informed TSLAC that the contract amount needed to be amended. The updated amount requested is for a new total (including previous allocations) in an amount not to exceed $1 million, which would assign $125,000 to the first contract for repairs to the center and $875,000 to the second contract for repairs to the historical buildings. Any money not used by TFC would be refunded to the agency at the completion of the project.
    
    This led to a discussion on concerns as to whether the money spent on repairs to the site is proportional to the number of people currently served by the facilities and the current use of the property. Commissioner Paup asked if there had been or could be a task force to study the best use of the property and what partnerships with other agencies or organizations may be involved. Gloria Meraz noted that several factors, including the pandemic and the continued need to repair the buildings, contributed to a decrease in visitors. Chair Wong noted the many years of work the state and the agency have put in the property, the vast improvement of the facilities, and the continued need for work. Commissioners noted the need to provide good stewardship of state funding for the property. Commissioner Tegeler commented that the funds for repair should be approved and rehabilitation work conducted as basis from which to determine what a robust future and expectations could be of the center. Commissioners discussed the possibility of adding a review of the property as part of the agency’s internal audit program.
    
    Commissioner Mann moved to approve the amendment of the contract. Commissioner Tegeler seconded the motion. The motion carried unanimously.
    
    g.) Extension and amendment to IT Staff Augmentation contract with Department of Information Resources. Mike Ford reported that TSLAC is seeking an extension to the agency’s current IT services through Dec. 31, 2023, and requests approval of the extension of the contract not to exceed an additional $144,000 for a total not to exceed $244,000.
    
    Commissioner Iglesias moved to approve the extension of the contract. Commissioner Tocker seconded the motion. The motion carried.

17. Approval of Annual FY 2024 Competitive Grant Awards
    
    a.) Texas Reads Grants. Texas Reads funds public library programs to promote reading and literacy within local communities. TSLAC received 16 eligible applications and 10 are being recommended for funding, totaling $81,233. Successful proposals will be funded beginning Sept. 1, 2023.
    
    TSLAC is seeking approval of the recommendations for funding under the 2024 Texas Reads grant program.
    
    Chair Wong inquired about the number of libraries being recommended for funding for the first time. The commission then heard from staff on the support the agency provides to potential applicants. Staff will provide the information on new grantees to commissioners as a follow up.
    
    Commissioner Tocker moved to approve the funding for grants for Texas Reads. Commissioner Paup seconded the motion. The motion carried unanimously.
    
    b.) Library Capacity Grant Pilot. TSLAC is seeking approval for funding a new pilot program for FY2024 which would provide funds for programs and services that expand the capacity of local library staff to meet identified and demonstrated capacity needs through professional training and development opportunities. Successful proposals will be funded for one year, starting September 1, for funding totaling $137,500. It was decided to take a separate vote for approval of each of the two grant awards, as Commissioner Tocker had asked to recuse himself due to a conflict of interest.
    
    After discussing the Austin Public Library proposal, Commissioner Tegeler moved to table the vote to approve the funding for the grant to gather more information. Commissioner Iglesias seconded the motion. The motion carried.
    
    Commissioner Tegeler moved to approve the funding the grant for the Partners Library Action Network. Commissioner Mann seconded the motion. Commissioner Tocker abstained. The motion carried.
    
     
18. Minimum Standards for Accreditation of Libraries in State Library System
    
    Sarah Karnes reported that the agency is continuing its review of the minimum standards for accreditation of libraries. The project was discussed with commission and the Library Systems Advisory Board during June 2023 meetings. Later that month, a survey was sent out to both accredited and non-accredited libraries requesting feedback on the importance and relevance of the current criteria and standards, anticipated relevance within the next 5 to 10 years, difficulties in meeting the criteria standards, and any additional feedback. The agency is currently analyzing the results and plans to propose amendments to the criteria and standards at a future meeting for the commissioners to review and approve through the administrative process. As the item was for discussion purposes only, no action was required.
     
19. Audit Committee Update
    
    Commissioner Tegeler reported that the Audit Committee met August 3, 2023, during which the committee reviewed solicitations for internal auditing services for FY24 to 29. The committee interviewed three candidates and is now bringing to the commission a recommendation for the internal auditor.
    
    Additionally, the committee reviewed two follow-up reports on internal audits over procurement findings and preservation findings, respectively.
    
    The IT services audit is in progress with the goal of completing it by the end of the fiscal year as well as having it ready to present during the next Audit Committee meeting.
    
    Commissioner Tegeler moved to accept the approval of two audit reports on procurement and preservation. Commissioner Mann seconded the motion. The motion carried unanimously.
     
20. Approval of New Contract for Internal Audit Services, FY 24-29
    
    Donna Osborne reminded the commissioners that the contract with TSLAC’s current internal auditors expires this year and that the agency resolicited for those services. Commissioner Tegeler reported that after interviewing the three candidates for internal auditing services, the Audit Committee recommended that the commission approve a new contract for up to five years with Weaver and Tidwell, L.L.P.
    
    Commissioner Tegeler also noted that, based on discussions today, it may be worth looking at additional audit areas, including retail operations and activities related to facilities, particularly the Sam Houston Research Center.
    
    Commissioner Tegeler moved to approve to accept the contract with Weaver and Tidwell, L.L.P. Commissioner Paup seconded the motion. The motion carried unanimously.
     
21. Request for Loan of the Travis Letter by the Alamo Trust, Inc.
    
    Gloria Meraz reported that the Alamo Trust requested the loan of the Travis Letter for loan for the 300th anniversary of the mission. The Alamo Trust has completed construction of a large complex under the auspices of the General Land Office (GLO). Director Meraz noted that the agency has strict rules on how loans are made, including a timeline, and while the request came later than the rules dictate, she requested that the commission consider approval of the loan given the nature of the event and the good partnership with GLO. Jelain Chubb added that she would be working directly with Mark Lambert, Deputy Director of Archives and Records at GLO, and the Alamo Trust, to ensure security and preservation of the document are in place for exhibition in the new facility. This led to a discussion of TSLAC’s preservation and security policies and procedures specific to the Travis Letter and what considerations should be put in place.
    
    Gloria Meraz made a request to the commissioners for approval of the loan request conditioned upon a memorandum of understanding regarding terms acceptable to the commission. Staff noted they would bring a draft agreement to the commission at the November meeting and would work out terms regarding security, public access, and commission participation in certain events.
    
    Commissioner Mann moved to approve the loan under conditioned terms. Commissioner Tegeler seconded the motion. The motion carried.
    
    REPORTS
     
22. Report of the Director and Librarian
    
    Gloria Meraz first thanked the commission of its flexibility and support of the agency. She then reported that TSLAC received grants of more than $8.4 million in the spring of 2021 to help meet the goals of the American Rescue Plan Act (ARPA), which included supporting communities through their libraries and responding to the COVID pandemic to increase access to information and digital literacy programming.
    
    She also highlighted the repairs to the Sam Houston State Center and noted staff will hold meetings with stakeholders in Liberty regarding the Partlow House and also commented that representatives from legislative offices are planning to participate.
    
    Lastly, Gloria Meraz reported that a federal grant for broadband development branding was formally accepted, as previously discussed with the commission.
    
    EXECUTIVE SESSION
     
23. Executive Session
    
    The commission went into executive session at 11:31 a.m., and Chair Wong called the open meeting back to order at 1:44 p.m.
     
24. Action Items
    
    Chair Wong reported that there was one item arising from the executive session requiring the commission to act upon in open session and entertained a motion regarding the compensation of the Director and Librarian.
    
    Commissioner Tegeler moved to increase the salary of the Director and Librarian to $155,523 annually, starting September 1, 2023, as authorized for the General Appropriations Act of the 88th Legislature. He further moved that the salary should be increased again to $162,848 starting September 1, 2024, also as authorized for the General Appropriations Act of the 88th Legislature. The motion was seconded by Commissioner Paup and Commissioner Mann. Commissioner Garza, who needed to step out of the meeting early, did not participate in the vote. The motion carried unanimously by all commissioners still present.
    
    CLOSING ITEMS
     
25. Financial Report
    
    Donna Osborne reported on the agency’s financials as of July 24, 2023.
     
26. Future Meeting Dates
    
    The commission reviewed future scheduled meeting dates.
     
27. Adjournment
    
    Commissioner Man moved to adjourn commission meeting, and the motion was seconded by Commissioner Iglesias. The motion carried. The meeting adjourned at 1:50 p.m.