1. (a) Eligibility. Membership in the consortium is open to all institutions of higher education as determined by the Texas Higher Education Coordinating Board, and realized through the libraries that serve those institutions, to libraries of clinical medicine, and to all public libraries that are members of the state library system, as defined in Government Code, §441.127.
2. (b) Agreement. Public libraries will be TexShare Members so long as they remain members of the state library system. Institutions of higher education and libraries of clinical medicine must file a membership agreement, signed by a duly authorized administrative official, on joining the consortium. Participation in specific programs of the consortium may require additional agreements and fees.
3. (c) Annual Report. Libraries of member institutions of higher education and member libraries of clinical medicine shall file a current and complete annual report for the preceding year with the commission by January 15 of each year. Public libraries shall file their state library system reports as required by §1.85 of this title.
4. (d) Multiple Libraries. For institutions of higher education, the unit of membership in the TexShare Library Consortium shall be the institution. Institutions of higher education, as determined by the Texas Higher Education Coordinating Board, with libraries in multiple locations shall apply as a single unit. Community colleges shall apply per their certification by the Texas Higher Education Coordinating Board, in accordance with Government Code §61.063. Public libraries with branches shall apply as a single unit. For libraries of clinical medicine, the unit of membership shall be the non-profit corporation; those having multiple locations shall apply as a single unit. The various locations served by a non-profit corporation must be fully governed and owned by that non-profit corporation in order to qualify under the non-profit corporation's membership. Non-profit corporations that amalgamate other, independently-administered organizations that are not fully governed and owned by that nonprofit corporation must submit a separate membership application for each independent organization regardless of any pooled or central funding.

5. (e) Suspension of membership.

   1. (1) Institutions of higher education and libraries of clinical medicine: Membership will be automatically renewed for each state fiscal year, provided that the library of clinical medicine or institution of higher education continues to meet the definition required in subsection (a) of this section; and an annual report has been filed as required by subsection (c) of this section.
   2. (2) Public libraries: Public libraries shall remain TexShare members so long as they remain members of the state library system.
   3. (3) Institutions of higher education, libraries of clinical medicine, and public libraries that no longer meet the definition in subsection (a) of this section, or are otherwise not qualified, will be suspended from membership. They may re-join TexShare when they meet the definition in subsection (a) of this section.
6. (f) Members may receive services or be assessed fees based on demographic, financial, or other information, as reflected in the latest statistics from the National Center for Educational Statistics, the Texas Higher Education Coordinating Board, and the Independent Colleges and Universities of Texas or from the most current statistical data reported to the commission in the Texas academic library survey and the Texas public library annual report (filed as required by subsection (c) of this section.)
7. (g) Fees. Some consortium services are supported by fees paid by participants. Fees will be set by the Director and Librarian for different categories of consortium services, in consideration of the costs involved in providing these services to member libraries. Complaints regarding fee assessments will be processed in accordance with procedures outlined in §2.55 of this title.

Source Note:The provisions of this §8.3 adopted to be effective June 24, 1998, 23 TexReg 6436; amended to be effective December 9, 2001, 26 TexReg 9845; amended to be effective May 12, 2004, 29 TexReg 4468; amended to be effective February 15, 2005, 30 TexReg 707.