Library Laws of Texas
Annotations of Library-Related Legislation


General Topics
(Topics of General Interest or Broad Application)

General Topics - Certification

Education Code

Chapter 21. Educators - Subchapter A. General Provisions

Local Government Code

Chapter 323. County Libraries - Subchapter A. County Library

  • 323.005 Librarian
    Requires commissioners’ court to employ county librarian if a county library is established; discusses librarian duties.  NOTE: County librarian's certification through the Texas State Library and Archives Commission abolished by  Acts 2007, 80th Leg., R.S., Ch. 251.

General Topics - Criminal Offenses

Penal Code

Chapter 39. Abuse of Office

Establishes penalties for crimes committed by a public servant related to that person’s discharge of official duties. Sections of particular interest include:

Chapter 42. Disorderly Conduct and Related Offenses

Defines various forms of disorderly conduct. Sections of particular interest include:

Chapter 43. Public Indecency - Subchapter B. Obscenity

Contains obscenity laws, including the definitions of obscenity and other key terms, the statute prohibiting creation and distribution of materials depicting sexual performance by a child, and the statute prohibiting the sale, distribution, or display of harmful material to a child.

Chapter 46. Weapons

Prohibits the carrying of weapons, including guns and knives without permits and under any circumstance in certain places including schools or educational institutions. Sections of particular interest include:

Chapter 48. Conduct Affecting Public Health

  • 48.01 Smoking Tobacco
    Makes smoking in a library and certain other public places a Class C misdemeanor and requires that libraries and other public places identified in this section be equipped with "facilities for the extinguishments of smoking materials".

General Topics - Debt Collection

Finance Code

General Topics - Elections

Election Code

The following sections in the Election Code apply to the holding of elections by various political subdivisions:

General Topics - Employment

Education Code

Chapter 21. Educators - Subchapter A. General Provisions

Chapter 21. Educators - Subchapter I. Duties and Benefits

Chapter 30. State and Regional Programs and Services - Subchapter E. Texas Youth Commission

Chapter 51. Provisions Generally Applicable to Higher Education - Subchapter Z. Miscellaneous Provisions

Labor Code

  • Chapter 21. Employment Discrimination
    Establishes as unlawful discriminatory employment practices based on the race, color, disability, religion, sex, national origin, or the age of the employee.

Local Government Code

Chapter 323. County Libraries - Subchapter A. County Library

Provides employment requirements for persons employed as county librarian.

General Topics - Liability

Insurance Code

Chapter 2209. Texas Nonprofit Organizations Liability Pool

Establishes a pool that "shall insure a nonprofit organization and its officers and employees against liability for acts and omissions under the laws" of the state. Sets forth rules for scope of coverage and participation in the pool.

General Topics - Non-Profit Corporations

Business Organizations Code

Chapter 22. Nonprofit Corporations

Sets forth the terms by which non-profit organizations are allowed to operate in Texas, including purposes, general powers, by-laws, meetings, officers, articles of incorporation, and dissolution. NOTE: Previous Texas Non-Profit Corporation Act (articles 1396-1.01 - 11.01) expired January 1, 2010.

General Topics - Open Meetings

Government Code

Chapter 551. Open Meetings

Sets forth laws by which meetings of public agencies at all levels within the state must be conducted, including posting notice of meetings, when meetings can be closed, meetings by telephone conference or videoconference, and enforcement and remedies for violations of the act.

  • 551.005 Open Meetings Training
    Effective January, 2006, elected and appointed public officials are required to receive training in Texas open government laws. The Office of Attorney General offers free video training courses, and library district board members and library directors are required to attend.

General Topics - Open Records / Confidentiality

Government Code

Chapter 552. Public Information

Defines public information and describes the terms under which public agencies must make information available to the public including rights of access to the information, information excepted from disclosure (including library records 552.124), procedures related to access, allowable fees, attorney general decisions, and enforcement and remedies for violations of the law.

Effective January, 2006, elected and appointed public officials are required to receive training in Texas open government laws. The Office of Attorney General offers free video training courses, and library district board members and library directors are required to attend.

General Topics - Purchasing

Education Code

Chapter 130. Junior College Districts - Subchapter A. General Provisions

Government Code

Chapter 2155. Purchasing: General Rules and Procedures

Establishes purchasing rules for state agencies and gives the Texas Building and Procurement Commission the authority to oversee general purchasing requirements. Sections of particular interest include:

Chapter 2251. Payment for Goods and Services

Sections describe how governmental entities may pay for goods and services including general provisions, payments and interest, and claims and disputes.

Chapter 2254. Professional and Consulting Services

Contains text of Professional Services Procurement Act whereby governmental entities may contract for professional and consulting services.

Local Government Code

Chapter 176. Disclosure of Certain Relationships with Local Government Officers

Requires that officers of local government entities and those who contract with local government entities or are considering doing business with such an entity make certain financial and business disclosures.

Chapter 252. Purchasing and Contracting Authority of Municipalities

Sets forth requirements for municipal government to follow for contracting and paying for goods and services. Subchapter B. Competitive Bidding or Competitive Proposals section specifically mentions library purchases:

Provides exemptions from normal procedures for certain purchases of books, papers, and other library materials for a public library. (See Exemptions 7 - 8).

Chapter 271. Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments

General Topics - Sex Offender Registration

Code of Criminal Procedure

Chapter 42. Judgment and Sentence

  • Art.42.12 Community Supervision
    Sec. 13E. Prohibitions on Internet Access for Certain Sex Offenders - Requires courts, as a condition of community supervision for a person who is required to register as a sex offender, to prohibit the defendant from using the Internet to: access material that is obscene (defined by sec. 43.21 of Penal Code); access a commercial social networking site (as defined by sec. 62.0061(f) of Code of Criminal Procedure).
  • Chapter 62. Sex Offender Registration Program
    Establishes procedures for the registration of convicted sex offenders, including disclosure of electronic identification information that can be used to track sex offenders online.

Government Code

  • Chapter 508. Parole and Mandatory Supervision
    Requires the parole panel, as a condition of parole or mandatory supervision for a person who is required to register as a sex offender, to prohibit the defendant from using the Internet to: access material that is obscene (defined by sec. 43.21 of Penal Code); access a commercial social networking site (as defined by sec. 62.0061(f) Code of Criminal Procedure).

General Topics - Tax Provisions

Tax Code

Title 1. Property Tax Code

Chapter 11. Taxable Property and Exemptions - Subchapter B. Exemptions

Sets forth the property as defined by type of use that is exempt from property tax. Sections of particular interest include:

  • 11.11 Public Property
    Creates an exemption from property taxation for public property.
  • 11.18 Charitable Organizations
    Creates an exemption for certain charitable organizations and defines the conditions those entities must meet to be tax exempt. Libraries are specifically cited in paragraph (d)(5).

Title 2. State Taxation

 

Local Libraries

Local Libraries - County Law Libraries

Government Code

Chapter 101. Filing Fees and Other Fees and Costs in Civil Proceedings

Provides for a fee to fund the County Law Library Fund. Sections include:

Local Government Code

Chapter 323 County Libraries - Subchapter B. County Law Library

Allows county government to establish county law libraries and to set aside funds in a law library fund for library operations. Sections include:

Chapter 351. County Jails and Law Enforcement

Local Libraries - County Libraries

Government Code

Chapter 1473. Obligations for County Buildings - Subchapter A. Bonds for Public Libraries.

Gives counties the authority to issue bonds for public library building construction, improvement, enlargement, or repair. Sections include:

Local Government Code

Chapter 261. County Right of Eminent Domain

Chapter 323. County Libraries - Subchapter A. County Library

Allows county governments to establish libraries, set aside funds to maintain the library, hire a librarian, and participate with other local government to provide library service. Sections include:

Chapter 323. County Libraries - Subchapter C. Additional Library Authority

Allows county government to purchase, construct, repair, equip, or improve a building for use as a county library, to acquire land for county library use, and to issue bonds for the same purposes. Sections include:

Chapter 323. County Libraries - Subchapter D. Library Fines; Civil Penalty

Allows for the imposition of fines and civil penalties for lost, damaged, or overdue county library property.

Chapter 387. County Assistance District

  • 387.003 Creation and Functions of District
    Authorizes the county commissioners’ court to call an election on the question of creating a county assistance district. Districts may perform a variety of functions including the maintenance or improvement of libraries.

Local Libraries - Infrastructure (i.e., Telecommunications,TIF)

Government Code

Chapter 487. Office of Rural Community Affairs

Utilities Code

Chapter 57. Distance Learning and Other Advanced Services

Subchapter B. Distance Learning and Information Sharing
Directs the Texas Public Utilities Commission to require telecommunications carriers to file tariffs that include a reduced rate for telecommunications services that support distance learning and library information sharing. Sections include:

Subchapter D. Interactive Multimedia Communications
Pertains to the rates charged by local exchange companies for interactive multimedia communications services. Sections include:

Chapter 58. Incentive Regulation - Subchapter G. Infrastructure Commitment to Certain Entities

Establishes program to encourage a telecommunications infrastructure that interconnects public entities across the broadband digital service infrastructure. Public entities provided for under these sections include educational institutions and libraries. Sections include:

Chapter 59. Infrastructure Plan - Subchapter D. Infrastructure Commitment to Certain Entities

Chapter 59 applies to local exchange companies that do not elect to be regulated under Chapter 58. Subchapter D. requires electing companies to provide private network services to educational institutions and libraries among other public entities. Sections include:

Local Libraries - Library Districts

Election Code

The following sections in the Election Code apply to the holding of elections by various political subdivisions, including library districts:

Chapter 41. Election Dates and Hours of Voting

Chapter 67. Canvassing Elections

Chapter 85. Conduct of Voting by Personal Appearance

Local Government Code

Chapter 178. Removal of Special District Board Members - Subchapter B. Removal of Appointed Board Members for Misconduct

  • 178.051 Applicability
    Allows county commissioners court to remove special district board members who engage in misconduct; includes library districts and mulit-jurisdictional library districts.

Chapter 326. Library Districts

Permits the creation of library districts to be funded by local sales and use taxes for the purpose of providing library service to residents within the boundaries of the district. Sections include:

Chapter 336. Multi-jurisdictional Library Districts

Permits the creation of multi-jurisdictional library districts, authorizing taxes and bonds. Sections include:

Chapter 387. County Assistance District

  • 387.003 Creation and Functions of District
    Authorizes the county commissioners’ court to call an election on the question of creating a county assistance district. Districts may perform a variety of functions including the maintenance or improvement of libraries.

Local Libraries - In General

Election Code

Chapter 254. Political Reporting - Subchapter B. Political Reporting Generally

  • 254.0362 Use of Publicly Accessible Computer Terminal for Preparation of Reports
    Allows a person who is required to file political reports to use a publicly accessible computer terminal. "Publicly accessible computer terminal" is defined as a terminal normally available for use by members of the public and that is owned by a state agency, and independent school district, or a public library operated by a city or county.

Government Code

Chapter 401. Governor and Lieutenant Governor. Subchapter A. Inauguration

  • 401.011 Inaugural Endowment Fund
    Allows the fund to be expended for decorating, furnishing, preserving, or improving the Capitol, the Governor's Mansion, or other state property of historical significance or for grants in support of public schools, public libraries, or other charitable causes at the discretion of the inaugural endowment fund committee.

Chapter 791. Interlocal Cooperation Contracts

Authorizes and defines the use of contracts between various entities of local government, including counties. Includes library and museum services and records center services in the discussion of allowed services. Authorizes the Texas State Library and Archives Commission to assist in the establishment and design of Regional Records Centers. Sections of particular interest include:

Chapter 2206. Limitation on Use of Eminent Domain

Local Government Code

Chapter 176. Disclosure of Certain Relationships with Local Government Officers

Requires that officers of local government entities and those who contract with local government entities or are considering doing business with such an entity make certain financial and business disclosures.

Chapter 271. Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments

Chapter 281. Municipal Civil Center Authorities

  • 281.044 Facilities
    Includes libraries in the entities that a municipal civic center authority is authorized to establish, acquire, lease, purchase, construct, repair or otherwise maintain."

Chapter 305. Miscellaneous Public Building Provisions Affecting Municipalities and Counties

Chapter 331. Municipal and County Authority to Acquire and Maintain Parks, Museums, and Historic Sites

Chapter 372. Improvement Districts in Municipalities and Counties - Subchapter A. Public Improvement Districts

(Sections 372.001 - 372.030) Provides text of Public Improvement District Assessment Act which permits the creation of public improvement districts for certain purposes, including the "acquisition, construction, or improvement of libraries".

Property Code

Chapter 43. Exempt Public Property

Water Code

Chapter 13. Water Rates and Services

Local Libraries - Public Municipal Libraries

Government Code

Chapter 441. Libraries and Archives - Subchapter A. Texas State Library and Archives Commission

Chapter 441. Libraries and Archives - Subchapter E. Texas Public Library Endowment Fund

Establishes the Texas Public Library Endowment Fund as a trust fund outside the State Treasury to be administered by the Texas State Library and Archives Commission and designating revenue from the fund to be used to provide aid to Texas public libraries. Sections include:

Chapter 441. Libraries and Archives - Subchapter H. Print Access Aids for Persons with Visual Disabilities

Directs the Texas State Library and Archives Commission to place devices in public libraries that will aid those members of the public with visual disabilities. Sections include:

Chapter 441. Libraries and Archives - Subchapter I. Library Systems

Establishes and provides procedures for the Texas Library System, Major Resource Systems, and Regional Library Systems. Sections include:

Related Rules and Regulations:

Chapter 1504. Obligations for Municipal Buildings - Subchapter A. Revenue Bonds for Certain Facilities

Gives municipalities the authority to issue bonds for public library building construction. Sections include:

Local Government Code

Chapter 251. Municipal Right of Eminent Domain

  • 251.001 Right of Eminent Domain
    Permits governing body of a municipality to exercise the right of eminent domain for a variety of purposes, including "the providing, enlarging and improving of a ….library"

Chapter 252. Purchasing and Contracting Authority of Municipalities

Sets forth requirements for municipal government to follow for contracting and paying for goods and services. Following section specifically mentions library purchases:

  • 252.022 General Exemptions
    Provides exemptions from normal procedures for certain purchases of books, papers, and other library materials for a public library.

Chapter 315. Miscellaneous Provisions Relating to Municipal Parks and other Recreational and Cultural Resources

Local Libraries - School Libraries

Education Code

Chapter 11. School Districts - Subchapter D. Powers and Duties of Board of Trustees of Independent School District.

  • 11.158 Authority to Charge Fees
    Authorizes the board of trustees of an independent school district to charge fees, but prohibits fees for the use of library books, except for fines for lost, damaged, or overdue materials.
  • 11.165 Access to School Campuses
    Authorizes the board of trustees of an independent school district to keep school campuses-including libraries-open for recreational activities after school hours.

Chapter 21. Educators - Subchapter A. General Provisions.

Chapter 21. Educators - Subchapter I. Duties and Benefits

Chapter 30A. State Virtual School Network - Subchapter C. Provision of ELectronic Courses

Chapter 33. Service Programs and Extracurricular Activities - Subchapter B. Libraries

Government Code

Chapter 662. Holidays and Recognition Days and Months

Chapter 2306. Texas Department of Housing and Community Affairs

Transportation Code

Chapter 504. Registration of Vehicles

  • 504.607 Read to Succeed
    Allows the creation of a special license plate, "Read to Succeed" and allocates the revenue from sales of the plates to be used for the "purpose of providing educational materials for public school libraries."

Local Libraries - Special Districts

Special District Local Laws Code

Chapter 3833. Espada Development District

Provides for the creation of the Espada Development District, giving authority to impose taxes and issue bonds; may acquire, construct, and maintain libraries

Chapter 11004. Goodwater Municipal Utility District No. 1

Allows the Goodwater Municipal Utility District No.1, a combined powers district, to exercise the powers of a library district under Chapter 326, Local Government Code.

 

Local Libraries - Voter Registration Agency (Public Library Role)

Election Code

Chapter 20. Voter Registration Agencies - Subchapter A. General Provisions

Chapter 20. Voter Registration Agencies - Subchapter B. Registration Assistance Generally

Chapter 20. Voter Registration Agencies - Subchapter D. Public Library

Sets forth provisions governing public libraries acting as voter registration agencies. Sections include:

Specialized Libraries and Collections

Specialized Libraries and Collections - Academic Libraries

Education Code

Chapter 51. Provisions Generally Applicable to Higher Education - Subchapter C. Faculty Development Leaves of Absence

  • 51.101 Definitions
    Includes professional librarians in the definition of "faculty member".

Chapter 51. Provisions Generally Applicable to Higher Education - Subchapter D. Information Network Associations

Chapter 51 Provisions Generally Applicable to Higher Education - Subchapter N. Partnerships between Community/Junior Colleges and Upper-Level Universities or Centers

Sections 51.661 through 51.668
Allows partnership agreements between junior and senior colleges within the same geographical region upon approval of the Coordinating Board for purposes of managing the operations of the institutions.:

Chapter 51. Provisions Generally Applicable to Higher Education - Subchapter Z. Miscellaneous Provisions

Chapter 54. Tuition and Fees - Subchapter A. General Provisions

  • 54.006 Refund of Tuition and Fees
    Lists student services and privileges, including library privileges, that are to be terminated when student withdraws from institution.:

Chapter 54. Tuition and Fees - Subchapter E. Other Fees and Deposits

  • Sections 54.501 through 54.546
    Governs the collection of fees and deposits by state colleges and universities and sets forth the services that can be funded by such fees. Sections particularly mentioning libraries or library services include:
  • 54.504 Incidental Fees

Chapter 55. Financing Permanent Improvements - Subchapter B. Revenue Bonds and Facilities

Sections 55.11 through 55.25
Authorizes the boards of institutions of higher education to acquire property and construct buildings for its facilities. Sections particularly mentioning libraries or library services include::

Chapter 61. Texas Higher Education Coordinating Board - Subchapter C. Powers and Duties of Board

Chapter 62. Division of Constitutionally Appropriated Funds among Certain Institutions of Higher Education - Subchapter B. Amounts Allocated by Equitable Allocation Formula

  • 62.021 Allocations
    Sets forth the amounts to be received in Higher Education Assistance Funds (HEAF) by each eligible institution and specifically prohibits the expenditure of funds for any goods or services before delivery. Allows an exemption for the purchase of books or other library materials as authorized by section 2155.386, Government Code. Therefore, allows HEAF funds to be used to prepay library material purchases.

Chapter 62. Division of Constitutionally Appropriated Funds among Certain Institutions of Higher Education - Subchapter G. National Research University Fund

Chapters 70 - 74 Various Units of the University of Texas System

Following sections permit board to accept grants and gifts including libraries from a variety of public and private sources. Sections include:

Chapter 74. Other Medical, Dental, and Nursing Units of the University of Texas System - Subchapter L. Lower Rio Grande Valley Academic Health Center

  • 74.613 Facilities
    Allows facilities, including libraries, to be provided by a public or private entity.:

Chapter 74. Other Medical, Dental, and Nursing Units of the University of Texas System - Subchapter M. University of Texas Health Science Center at San Antonio Campus Extension

  • 74.704 Facilities
    Allows facilities, including libraries, to be provided by a public or private entity.:

Chapter 95. Administration of the Texas State University System - Subchapter B. Powers and Duties of Board

Chapter 105. University of North Texas System - Subchapter C. Powers and Duties of Board

  • 105.101 General Powers and Duties
    Sets forth power and duties of Board of Regents of the University of North Texas System including the authority to purchase libraries.:

Chapter 105. University of North Texas System - Subchapter F. State Historical Collection

Chapter 107. Texas Woman’s University - Subchapter D. Dormitories and Improvements

  • 107.69 State Historical Collection
    Authorized the board to establish historical collection to be called the History of Texas Women and to accept gifts and donations to that collection.:

Chapter 110. Texas Tech University Health Sciences Center

Chapter 130. Junior College Districts - Subchapter A. General Provisions

Chapter 131. Southwest Collegiate Institute for the Deaf.

Chapter 135. Texas State Technical College System

Subchapter D. Partnerships between Texas State Technical College System and Public Junior Colleges

  • 135.104 Support Services
    Allows Texas State Technical Colleges and Community Colleges to partner for the delivery of technical education, including the sharing of library resources.

Chapter 142. Advanced Research Program

Sets forth duties and procedures for Advanced Research Program to encourage research by faculty members in a variety of disciplines including information science.

Government Code

Title 8. Public Retirement Systems - Subtitle C. Teacher Retirement System of Texas - Chapter 821. General Provisions.

  • 821.001 Definitions
    Includes "professional librarian" in the definition of "faculty member".:

Chapter 2155. Purchasing: General Rules and Procedures

Insurance Code

Chapter 1551. Texas Employees Group Benefits Act

Occupations Code

Chapter 351. Optometrists and Therapeutic Optometrists

  • 351.154 Application of Fees
    Directs the Texas Optometry Board to deposit 15% of annual renewal fees in the University of Houston Development Funds. Specifies items to which funds can applied, including library facilities of the College of Optometry.:

Specialized Libraries and Collections - Court Libraries

Government Code

Chapter 22. Appellate Courts

  • 22.213 Twelfth Court of Appeals
    States the City of Tyler and Smith County shall furnish and equip suitable rooms and a library for the court and the justices without expense to the state.

Chapter 30. Municipal Courts of Record

  • 30.00012 Court Facilities
    States the governing body shall provide facilities including libraries and law books that the governing body determines are necessary for the proper operation of the municipal courts of record.

Chapter 51. Clerks - Subchapter C. Clerks of the Courts of Appeals

  • 51.204 Records of Court
    Sets up retention and disposition procedures for court records. [Note: Acts 1997, 75th Leg., ch. 873 states that a record that contains highly concentrated, unique, and valuable information unlikely to be found in any other source available to researchers may be transferred to a public or private library or other agency concerned with the preservation of historical documents.]
  • 51.206 Law Library
    Designates the clerk of the court of appeals as the librarian of the court and sets out procedures for purchasing law books from fees collected by the court.

Title 2, Subtitle F-Appendix - Rules of Judicial Administration

  • Rule 12. Public Access to Judicial Records
    Provides for public access to information in the judiciary. NOTE: The Legislature has delegated rulemaking authority for judicial procedures to the courts. This is one of those rules and is included here because it pertains to access to public records.

Specialized Libraries and Collections - Distribution of Government Information

Government Code

Chapter 405. Secretary of State - Subchapter B. Duties

  • 405.012 Exchanges
    Authorizes the Secretary of Sate to send copies of laws and judicial reports to various entities, including Librarian of Congress and each foreign librarian or government with whom system of library exchange is establishes; Authorizes the Secretary of State to exchange materials for benefit of University of Texas Law Library for similar material of United States, other states, and foreign countries.
  • 405.013 Court Reports
    Authorizes the Secretary of State to receive printed and bound volumes of the Supreme Court Reports and the Reports of the Court of Criminal Appeals from the Supreme Court Reporter; Authorizes the Secretary of State to sell copies and sets up distribution list for reports.
  • 405.017 Miscellaneous Duties
    Authorizes the Secretary of State to deliver to state library all books, maps, charts, printed volumes of the laws of a national, territory or another state, or other political or miscellaneous publications received in the Secretary of State's Office; Authorizes delivery to Supreme Court Librarian reports of courts of a nation, territory, or another state received in the Secretary of State's Office.

Chapter 441. Libraries and Archives - Subchapter G. State Publications

Defines the term "state publications" and sets the duties of state agencies and the Texas State Library in the distribution of state publications. Sections include:

Related Rules and Regulations:

Chapter 2002. Texas Register and Administrative Code - Subchapter B. Texas Register

  • 2002.015 Distribution
    Instructs the Secretary of State to provide certain entities with a copy of the Texas Register without charge. Includes free copies for each library of a public university and one public library in each municipality.

Chapter 2052. State Agency Reports and Publications

Creates rules governing the dissemination of state agency publications. The statute defines how the publications shall be distributed as well as the process by which citizens or state employees may request and obtain agency publications. Sections of particular interest include:

Chapter 2056. Strategic Plans of Operation

Chapter 2155. Purchasing: General Rules and Procedures

Chapter 2158. Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services

  • 2158.065 Distribution of Printed Laws
    Provides a list for the Secretary of State to follow in distributing printed laws of each session. Includes county law libraries, Legislative Reference Library, State Law Library, and Texas State Library.

Chapter 2172. Miscellaneous General Services Provided by Commission

  • 2172.004 Archives
    Permits the Texas Building and Procurement Commission to store and display the archives of Texas.

Insurance Code

Chapter 32. Administrative Power and Duties - Subchapter B. Reports

  • 32.021 Annual Reports
    Require reports to be filed with Legislative Reference Library and the Texas State Library.

Local Government Code

Chapter 191. General Records Provisions Affecting Counties

  • 191.006 Public Access to Records
    Provides for public access to records in county clerk’s office if not otherwise restricted by law or court order. Allows for copies to be made.

Occupations Code

Chapter 154. Public Interest Information and Complaint Procedures

Water Code

Chapter 16. Provisions Generally Applicable to Water Development - Subchapter C. Planning

  • 16.053 Regional Water Plans
    Section calls for regional water plans being made available for public inspection at least one month before a public hearing "at least one public library of each county having land in the region."

Chapter 35. Groundwater Studies - Subtitle E. Groundwater Management

Specialized Libraries and Collections - Electronic Records and Filing

Business and Commerce Code

Chapter 322. Uniform Electronic Transactions Act - effective 4/1/2009

Government Code

Chapter 323. Texas Legislative Council

Chapter 405. Secretary of State

  • 405.018 Computer Information
    Authorizes the Secretary of State to establish a system by which computer records of that office are made accessible.

Chapter 441. Libraries and Archives - Subchapter L. Preservation and Management of States Records and Other Historical Resources

  • 441.189 Electronic Records
    Allows state records to be created or stored electronically in accordance with Commission rules. Certified output from electronic data shall be accepted as original record unless otherwise barred.

Local Government Code

Chapter 191. General Records Provisions Affecting Counties

Chapter 195. Electronic Filing of Records with and Recording by County Clerk

Establishes laws governing the electronic filing of records by county governments and gives the responsibility to administer these matters to the Texas State Library and Archives Commission. Sections include:

Title 6. Records - Subtitle C. Records Provisions Applying to More than One Type of Local Governments

Chapter 205. Electronic Storage of Records

Allows local government to store records in electronic format. Presents requirements and procedures for electronic records. Sections include:

Specialized Libraries and Collections - Library Services to Special Populations

Education Code

Chapter 30. State and Regional Programs and Services - Subchapter B. Texas School for the Blind and Visually Impaired

Chapter 30. State and Regional Programs and Services - Subchapter E. Texas Youth Commission

Chapter 131. Southwest Collegiate Institute for the Deaf

Government Code

Chapter 441. Libraries and Archives - Subchapter H. Print Access Aids for Persons with Visual Disabilities

Directs the Texas State Library and Archives Commission to place devices in public libraries that will aid those members of the public with visual disabilities. Sections include:

Chapter 469. Elimination of Architectural Barriers

Establishes the policy of the state to encourage and promote the rehabilitation of persons with disabilities and creates program to eliminate, insofar as possible, unnecessary barriers encountered by persons with disabilities

Chapter 487. Texas Department of Rural Affairs

Human Resources Code

Title 5. Services for the Blind and Visually Handicapped

Chapter 91. Texas Commission for the Blind - Subchapter E. Central Media Depository

Establishes a central state depository of materials for the blind and visually impaired to allow agencies serving those persons - including the Texas State Library and Archives Commission - to coordinate services. Authorizes the State Library to establish and operate the depository in Austin and to coordinate participation by other agencies. Section include:

Title 8. Rights and Responsibilities of Persons with Disabilities

Chapter 121. Participation in Social and Economic Activities

Chapter establishes the policy of the state to "encourage and enable persons with disabilities to participate fully in the social and economic life of the state". Sections of particular interest include:

Specialized Libraries and Collections - Prison Libraries (Including Jail Libraries)

Civil Practice and Remedies Code

Chapter 14. Inmate Litigation

Provides for suits brought by an inmate in a district, county, justice of the peace, or small claims court in which an affidavit or unsworn declaration of inability to pay costs is filed by the inmate. [Notes: Section 9 of acts 1995, 74th Leg., ch. 378, sec. 2 provides that Texas Department of Criminal Justice shall post notice of provisions of this act in each law library maintained by the department or under contract with the department in a facility in which persons are housed.]

Chapter 15. Venue

  • 15.019 Inmate Litigation
    Provides venue rules for where actions accrued while inmate was housed in Texas Department of Criminal Justice facility should be brought to court. [Notes: Section 9 of acts 1995, 74th Leg., ch. 378, sec. 1 provides that Texas Department of Criminal Justice shall post notice of provisions of this act in each law library maintained by the department or under contract with the department in a facility in which persons are housed.]

Education Code

Chapter 31. Textbooks - Subchapter E. Dispositions of Textbooks

  • 31.201 Disposition of Textbooks
    Includes libraries maintained in municipal and county jails in the list of entities that may obtain discontinued textbooks.

Government Code

Title 4. Executive Branch - Subtitle G. Corrections - Chapter 499. Population Management; Special Program - Subchapter E. Unit and System Capacity

  • 499.102 Staff Determinations and Recommendations
    Lists items that must still be provided if institution is to increase capacity. One of those items is adequate assistance from persons trained in law or a law library with a collection containing necessary materials.

Local Government Code

Chapter 351. County Jails and Law Enforcement

Specialized Libraries and Collections - Records Management and Preservation

Education Code

Chapter 51. Provisions Generally Applicable to Higher Education - Subchapter Z. Miscellaneous Provisions

Family Code

Chapter 58. Records; Juvenile Justice Information System

Finance Code

Chapter 36. Dissolution and Receivership [Pertaining to Banks]

  • 36.224 Disposition and Maintenance of Records
    Allows maintenance of records on any medium approved by the Records Management Division of the Texas State Library.
  • 36.225 Records Admitted
    States a copy of an original record or another record maintained on a medium approved by the Record Management Division of the Texas State Library has the same effect as the original record.

Chapter 186. Dissolution and Receivership [Pertaining to Trust Companies]

  • 186.224 Disposition and Maintenance of Records
    Allows maintenance of records on any medium approved by the Records Management Division of the Texas State Library.
  • 186.225 Records Admitted
    States a copy of an original record or another record maintained on a medium approved by the Record Management Division of the Texas State Library has the same effect as the original record.

Government Code

Chapter 51. Clerks - Subchapter C. Clerks of the Courts of Appeals

  • 51.204 Records of Court
    Sets up retention and disposition procedures for court records. [Note: Acts 1997, 75th Leg., ch. 873 states that a record that contains highly concentrated, unique, and valuable information unlikely to be found in any other source available to researchers may be transferred to a public or private library or other agency concerned with the preservation of historical documents.]

Title 2, Subtitle F-Appendix - Rules of Judicial Administration

  • Rule 12. Public Access to Judicial Records
    Provides for public access to information in the judiciary. NOTE: The Legislature has delegated rulemaking authority for judicial procedures to the courts. This is one of those rules and is included here because it pertains to access to public records.

Chapter 403. Comptroller of Public Accounts

  • 403.026 Electronic Storage and Maintenance of Records
    Allows the Comptroller to store and maintain electronically a state record or essential record if the method used to store and maintain the record conforms with standards prescribed by the Records Preservation Officer, defined as the Director of the Records Management Division of the Texas State Library.

Chapter 441. Libraries and Archives - Subchapter A. Texas State Library and Archives Commission

Chapter 441. Libraries and Archives - Subchapter B. Court Documents

Chapter 441. Libraries and Archives - Subchapter C. Records Division of Texas State Library

Chapter 441. Libraries and Archives - Subchapter F. Maintenance and Disposition of Certain County Records

Defines the term "county record" and sets rules by which records will be retained and disposed of by county government, including coordination with Texas Library and Archives Commission. Sections include:

Chapter 441. Libraries and Archives - Subchapter J. Preservation and Management of Local Government Records

Mandates how local government records will be retained and assigns the Texas State Library and Archives Commission responsibility of overseeing and advising local governments. Allows the commission to establish regional historical resource depositories , regional resource centers, and a Local Government Records Committee. Sections include:

Related Rules and Regulations:

Chapter 441. Libraries and Archives - Subchapter L. Preservation and Management of States Records and Other Historical Resources

Establishes a system for the systematic preservation of and public access to state archival records and the records of state agencies and mandates the Texas State Library and Archives Commission to oversee program. Sections include:

Chapter 441. Libraries and Archives - Subchapter N. Texas Historical Records Advisory Board

Creates board to advise the Texas State Library and archives Commission in matters pertaining to the preservation of historical records. Sections include:

Chapter 443. State Preservation Board

Authorizes the activities of the State Preservation Board. Includes the following sections which define the relative responsibilities of the State Preservation Board and the Texas State Library and Archives Commission relative to certain preservation activities:

Chapter 2254. Professional and Consulting Services

  • 2254.036 Archives
    Lists the requirements for filing with the Texas State Library of copies of all documents, films, recordings or report compiled by consultant working for state agencies.

Local Government Code

Chapter 113. Management of County Money - Subchapter A. General Provisions

  • 113.008 Reconciliation of County Checks and Warrants
    Directs county depository to provided cancelled checks and warrants to county treasurer. Allows optical images of cancelled checks and warrants if retained in accordance with rules adopted by Texas State Library and Archives Commission.

Title 6. Records - Subtitle C. Records Provisions Applying to More than One Type of Local Governments

Chapter 201. General Provisions

Sets forth provisions of Local Government Records Act which prescribes manner in which local governments should maintain local records including what is considered a record, retention periods for records, and the maintenance of records of abolished governments. Sections include:

Title 6. Records - Subtitle C. Records Provisions Applying to More than One Type of Local Governments

Chapter 202. Destruction and Alienation of Records

Specifies when and how local governments may dispose of records. Sections include:

Title 6. Records - Subtitle C. Records Provisions Applying to More than One Type of Local Governments

Chapter 203. Management and Preservation of Records - Subchapter A. Elective County Offices

Directs elected county officials in how to maintain the records of their offices. Sections include:

Title 6. Records - Subtitle C. Records Provisions Applying to More than One Type of Local Governments

Chapter 203. Management and Preservation of Records - Subchapter B. All Other Local Government Offices

Describes methods to be used by local government officials in the maintenance of records. Sections include:

Title 6. Records - Subtitle C. Records Provisions Applying to More than One Type of Local Governments

Chapter 203. Management and Preservation of Records - Subchapter C. Records Control Schedules

Mandates that local official establish schedules for the maintenance of local records. Describes what shall be included in schedules and directs schedules to be filed with the Texas State Library and Archives Commission. Sections include:

Title 6. Records - Subtitle C. Records Provisions Applying to More than One Type of Local Governments

Chapter 204. Microfilming of Records

Directs local governments in the microfilming and storage of local records. Sections include:

Water Code

Chapter 51. Water Control and Improvement Districts - Subchapter P. Dissolution of District

Chapter 58. Irrigation Districts - Subchapter O. Dissolution of District

Statewide Library Programs - State Library and Archives Commission

Business and Commerce Code

Chapter 322. Uniform Electronic Transactions Act - effective 4/1/2009

Education Code

Chapter 33. Service Programs and Extracurricular Activities - Subchapter B. Libraries

  • 33.021 Library Standards Directs the State Library and Archives Commission to adopt standards for school library services

Government Code

Chapter 324. Legislative Reference Library

  • 324.008 Disposition of Documents Requires state agencies to submit certified copies of their government board minutes to the Legislative Reference Library and to the Texas State Library and Archives Commission.

Chapter 404 State Treasury Operations of Comptroller

  • 404.093 Applicability of Subchapter; Exemptions Section of the State Funds Reform Act that provides a specific exemption to funds, grants, donations, and proceeds given in trust to the Texas State Library and Archives Commission for the establishment and maintenance of regional historical resource depositories and libraries.

Chapter 411. Department of Public Safety of the State of Texas - Subchapter F. Criminal History Information

Chapter 441. Libraries and Archives - Subchapter A. Texas State Library and Archives Commission

Establishes the Texas State Library and Archives Commission and sets forth the power and duties of the agency, including particular powers and duties of the Commission and of the Director and Librarian. Sections include:

Related rules and regulations:

Chapter 441. Libraries and Archives - Subchapter B. Court Documents

Chapter 441. Libraries and Archives - Subchapter C. Records Division of Texas State Library

Chapter 441. Libraries and Archives - Subchapter E. Texas Public Library Endowment Fund

Establishes the Texas Public Library Endowment Fund as a trust fund outside the State Treasury to be administered by the Texas State Library and Archives Commission and designating revenue from the fund to be used to provide aid to Texas public libraries. Sections include:

Chapter 441. Libraries and Archives - Subchapter F. Maintenance and Disposition of Certain County Records

Defines the term "county record" and sets rules by which records will be retained and disposed of by county government, including coordination with Texas Library and Archives Commission. Sections include:

Chapter 441. Libraries and Archives - Subchapter G. State Publications

Defines the term "state publications" and sets the duties of state agencies and the Texas State Library in the distribution of state publications. Sections include:

Related Rules and Regulations:

Chapter 441. Libraries and Archives - Subchapter H. Print Access Aids for Persons with Visual Disabilities

Directs the Texas State Library and Archives Commission to place devices in public libraries that will aid those members of the public with visual disabilities. Sections include:

Chapter 441. Libraries and Archives - Subchapter I. Library Systems

Establishes and provides procedures for the Texas Library System, Major Resource Systems, and Regional Library Systems. Sections include:

Related Rules and Regulations:

Chapter 441. Libraries and Archives - Subchapter J. Preservation and Management of Local Government Records

Mandates how local government records will be retained and assigns the Texas State Library and Archives Commission responsibility of overseeing and advising local governments. Allows the commission to establish regional historical resourcedepositories , regional resource centers, and a Local Government Records Committee. Sections include:

Related Rules and Regulations:

Chapter 441. Libraries and Archives - Subchapter L. Preservation and Management of States Records and Other Historical Resources

Establishes a system for the systematic preservation of and public access to state archival records and the records of state agencies and mandates the Texas State Library and Archives Commission to oversee program. Sections include:

Chapter 441. Libraries and Archives - Subchapter M. Texshare Library Consortium

Establishes TexShare, a resource-sharing consortium for libraries at institutions of higher education, public libraries, and libraries of nonprofit corporations to be operated by the Texas State Library and Archives Commission. Sections include:

Chapter 441. Libraries and Archives - Subchapter N. Texas Historical Records Advisory Board

Creates board to advise the Texas State Library and archives Commission in matters pertaining to the preservation of historical records. Sections include:

Chapter 443. State Preservation Board

Authorizes the activities of the State Preservation Board. Includes the following sections which define the relative responsibilities of the State Preservation Board and the Texas State Library and Archives Commission relative to certain preservation activities:

Chapter 444. Texas Commission on the Arts

  • 444.021 Powers and Duties Directs the Texas Commission on the Arts to provide advise to other agencies, including the Texas State Library and Archives Commission.

Chapter 603. Provision of Documents and Fees of Office

Sets forth laws regarding the provision of copies of documents and the fees than can be charged for those documents; specifically including Texas State Library. Sections of particular interest include:

Chapter 791. Interlocal Cooperation Contracts

Authorizes and defines the use of contracts between various entities of local government, including counties. Includes library and museum services and records center services in the discussion of allowed services. Authorizes the Texas State Library and Archives Commission to assist in the establishment and design of Regional Records Centers. Sections of particular interest include:

Chapter 2113. Use of Appropriated Money

Chapter 2155. Purchasing: General Rules and Procedures

Chapter 2165. State Buildings, Grounds, and Property

Human Resources Code

Chapter 91. Texas Commission for the Blind - Subchapter E. Central Media Depository

Establishes a central state depository of materials for the blind and visually impaired to allow agencies serving those persons - including the Texas State Library and Archives Commission - to coordinate services. Authorizes the State Library to establish and operate the depository in Austin and to coordinate participation by other agencies. Sections include:

Statewide Library Programs - Legislative Reference Library

Government Code

Chapter 324. Legislative Reference Library

Establishes and authorizes operation of the Legislative Reference Library. Individual sections include:

Chapter 326. Cooperation Between Legislative Agencies

Chapter 651. General Provisions

Chapter 2052. State Agency Reports and Publications

  • 2052.205 Copies to Library
    Instructs agencies to send five copies of each publication it distributes to the Legislative Reference Library

Chapter 2155. Purchasing: General Rules and Procedures

Statewide Library Program - Library Financing

Education Code

Chapters 70 - 74 Various Units of the University of Texas System

Following sections permit board to accept grants and gifts including libraries from a variety of public and private sources. Sections include:

Chapter 74. Other Medical, Dental, and Nursing Units of the University of Texas System.

Government Code

Chapter 441. Libraries and Archives - Subchapter A. Texas State Library and Archives Commission

Related Rules and Regulations:

Chapter 441. Libraries and Archives - Subchapter E. Texas Public Library Endowment Fund

Establishes the Texas Public Library Endowment Fund as a trust fund outside the State Treasury to be administered by the Texas State Library and Archives Commission and designating revenue from the fund to be used to provide aid to Texas public libraries. Sections include:

Chapter 441. Libraries and Archives - Subchapter I. Library Systems

Following sections set up grant program provided under the Library Systems Act:

Chapter 441. Libraries and Archives - Subchapter M. Texshare Library Consortium

Following sections address grants in the TexShare program:

Statewide Library Programs - Library Systems

Government Code

Chapter 441. Libraries and Archives - Subchapter I. Library Systems

Establishes and provides procedures for the Texas Library System, Major Resource Systems, and Regional Library Systems. Sections include:

Related Rules and Regulations:

Statewide Library Programs - State Agency Libraries/ Cooperation with State Agencies

Government Code

Chapter 323. Texas Legislative Council

Chapter 411. Department of Public Safety of the State of Texas - Subchapter J. Department of Public Safety Historical Museum and Research Center

  • 411.283 Personnel
    Authorizes the Director to appoint personnel, including a librarian, to administer the museum

Chapter 441. Libraries and Archives - Subchapter G. State Publications*

Defines the term "state publications" and sets the duties of state agencies and the Texas State Library in the distribution of state publications. Sections include:

Related Rules and Regulations:

*NOTE: In June of 2011, cuts to state funding necessitated severe curtailment of the program. The Texas State Library and Archives Commission continue to meet the basic functions as outlined below.

Acquisition
For the acquisition function, the program provides a centralized location for the deposit of print publications, establishes liaisons with state agencies and institutions of higher education, claims publications identified as missing, and processes incoming materials for addition to the Texas documents collection and for distribution to depository libraries. 

Bibliographic Access
The Cataloging Department creates bibliographic records for documents in the national consortium catalog, OCLC, and imports these records to our local on-line catalog, the Library Catalog of Texas State Agencies.

Distribution
Four copies of each publication are deposited with the program.  Two copies of each publication remain with the Texas State Library and one copy each is distributed to Texas Tech University and the University of North Texas.  Prior to June 2011, a large network of depository libraries received copies of the publications.

Announcement
A listing of recent publications cataloged within the past 30 days can be viewed from the Library Catalog of Texas State Agencies.  From the top banner, click on New Materials and then select TSLAC Texas Documents.

Chapter 441. Libraries and Archives - Subchapter L. Preservation and Management of States Records and Other Historical Resources

Establishes a system for the systematic preservation of and public access to state archival records and the records of state agencies and mandates the Texas State Library and Archives Commission to oversee program. Sections include:

Chapter 443. State Preservation Board

Authorizes the activities of the State Preservation Board. Includes the following sections which define the relative responsibilities of the State Preservation Board and the Texas State Library and Archives Commission relative to certain preservation activities:

Chapter 444. Texas Commission on the Arts

  • 444.021 General Duties
    Directs the Texas Commission on the Arts to provide advise to other agencies, including the Texas State Library and Archives Commission.

Chapter 2165. State Buildings, Grounds, and Property

Insurance Code

Chapter 981. Surplus Lines Insurance - Subchapter D. Surplus Lines Stamping Office.

Water Code

Chapter 10. Water Conservation Advisory Council

Statewide Library Programs - State Law Library

Government Code

Chapter 91. State Law Library

Establishes and authorizes operation of the State Law Library. Individual sections include:

Statewide Library Programs - TexShare

Government Code

Chapter 441. Libraries and Archives - Subchapter M. Texshare Library Consortium

Establishes TexShare, a resource-sharing consortium for libraries at institutions of higher education, public libraries, and libraries of nonprofit corporations to be operated by the Texas State Library and Archives Commission. Sections include:

Chapter 2155. Purchasing: General Rules and Procedures

Page last modified: February 19, 2014