1. (a) Eligibility. Membership in the consortium is open to all institutions of higher education as determined by the Texas Higher Education Coordinating Board, 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. Community college districts may apply as a single unit or as individual campuses; other institutions of higher education with libraries in multiple locations shall apply as a single unit. Public libraries with branches shall apply as a single unit. Libraries affiliated with professional schools that demonstrate they are administered and budgeted independently of the campus library may apply for separate membership. For libraries of clinical medicine, the unit of membership shall be the nonprofit corporation; those having multiple locations shall apply as a single unit.

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 relevant information, as reflected in the latest statistics from the National Center for Education 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, the Texas public library annual report (filed as required by subsection (c) of this section), or the TexShare 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. Protests regarding fee assessments, including requests for fee reduction or waiver, 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.