PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION
CHAPTER 1. LIBRARY DEVELOPMENT
SUBCHAPTER C. MINIMUM STANDARDS FOR ACCREDITATION OF LIBRARIES IN THE STATE LIBRARY SYSTEM
The Texas State Library and Archives Commission (Commission) adopts new 13 TAC §1.87, Emergency Waiver of Accreditation Criteria, with no changes to the proposed text as published in the November 27, 2020, issue of the Texas Register (45 TexReg 8443). The rule will not be republished.
EXPLANATION OF ADOPTED NEW SECTION. The new rule is necessary to provide a means by which an accredited library may retain accreditation if the library is unable to meet minimum accreditation criteria through no fault of their own, but due to circumstances caused by a disaster, public health emergency, or other extraordinary hardship. The rule authorizes Commission staff to waive one or more criteria for library accreditation in an accreditation year, thereby preventing loss of accreditation, if a library shows it was unable to meet that criteria for good cause.
The rule defines "good cause" as a public health emergency, including a pandemic or epidemic; a natural or man-made disaster, including a tornado, hurricane, flood, wildfire, explosion, or chemical spill; or other extraordinary hardship which is beyond the control of the library as determined by the agency.
If a library requests a waiver of one or more accreditation criteria under the rule but Commission staff does not waive the criteria, the library may appeal the potential loss of accreditation to the Library Systems Act Advisory Board, which will make a recommendation to the Director and Librarian for decision. A decision of the Director and Librarian may be appealed to the Commission under 13 TAC §2.55.
EMERGENCY RULEMAKING. On November 9, 2020, the Commission adopted this rule on an emergency basis under Government Code, §2001.034, which authorizes adoption of an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days' notice. Emergency rules adopted under Government Code, §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days. When this rule is effective, it will replace the rule adopted on an emergency basis. The language of this rule is identical to the rule that was adopted on an emergency basis.
SUMMARY OF COMMENTS. The commission did not receive any comments on the proposed new rule.
STATUTORY AUTHORITY. This new rule is adopted under Government Code, §441.006(a)(2), which authorizes the Commission to adopt policies and rules to aid and encourage the development of and cooperation among all types of libraries, including public, academic, special, and other types of libraries; and Government Code, §441.127, which authorizes the Commission to set accreditation standards for libraries.
CROSS REFERENCE TO STATUTE. Government Code, Chapter 441, Subchapter I.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 24, 2021.
TRD-202100777
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Effective date: March 16, 2021
Proposal publication date: November 27, 2020
For further information, please call: (512) 463-5591