(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.
Source Note:The provisions of this §1.73 adopted to be effective September 1, 2025, 50 TexReg 2765.