TLA TEXLINE NO. 118
Posted: May 29, 2001
LEGISLATIVE ISSUES NETWORK
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In this issue:
The 77th Texas Legislature has now closed, and the outcome of library related legislation has been determined. The session was notable both for increases in funding to libraries as well as the defeat of numerous bills that would have had a negative impact on libraries throughout the state.
I. Funding for Libraries Increases
Texas State Library and Archives Commission Budget
The Appropriations Conference Committee approved the base TSLAC budget and two exceptional items. Loan Star Libraries (the direct aid program for public libraries) was funded at $2.9 million each year of the biennium. The Talking Book Program received an increase of $103,576 in '02 and $69,576 in '03, including 3.0 FTEs, as requested.
The Texas Education Agency Budget
The Appropriations Conference Committee approved the higher House supplement of Rider 67 funding. The school library materials supplement will be funded at a 30% match, or up to 30 cents per student. The rider was sponsored by Rep. Helen Giddings (D-Dallas).
II. Public Library District Laws Pass Legislature
HB 440 (Madden, R-Richardson; Wentworth, R-San Antonio) a bill that would permit library districts to cancel uncontested elections for a trustee position, has been signed by the governor and is effective September 1, 2001.
HB 995 (Keel, R-Austin; Wentworth, R-San Antonio), a bill that would allow a library district to use tax money as collateral and would enable library districts to make improvements on land, has been signed by the governor and is effective September 1, 2001.
III. Library Filtering Bills Stall
HB 2824 (Smithee, R-Amarillo) received a public hearing, during which several members of the library community testified. The bill, which was the same in content as HB 2713 and SB 1310, required that certain public libraries and public schools that received certain state funding make provisions regarding Internet use. While schools were required to use "technology protection measures," public libraries were required either to use "technology protection measures" or adopt policies that would restrict minors from accessing obscene materials on the Internet. HB 2824 died in committee.
Neither HB 2713 (Deshotel, D-Beaumont) nor SB 1310 (Staples, R-Palestine) received a public hearing. Both bills died in committee.
In a separate measure, Rep. Smithee and Rep. Deshotel added an amendment regarding Internet filtering to the Appropriations Bill. The rider required that schools and public libraries adopt policies restricting minors from accessing obscene materials or use "technology protection measures" (i.e., filtering software) as a prerequisite for certain state funding. After intensive lobbying efforts from the library community, the Appropriations Conference Committee did not adopt the filtering rider.
See also HB 1330 under Schools and School Librarian Legislation below.
IV. UCITA is dead this session!
SB 709 (Carona, R-Dallas) and HB 1785 (S. Turner, D-Houston), the Senate and House bills of the highly controversial software licensing act, both stalled in committee. Although it is likely that Sen. Carona or another legislator will initiate an interim study on UCITA (through a special charge to an existing legislative committee), that work will begin from a more open dialog about copyright issues rather than as a reaction to approved law. In particular, the defeat of UCITA (for now) has nationwide consequences, as Texas was one of the "hotbeds" of expected UCITA action this year.
HB 2361 (Wolens, D-Dallas), a bill that would eliminate the TIF Board and transfer all the duties and administration of the TIF to the Public Utilities Commission, died in committee.
SB 1700 (Lucio, D-Brownsville) is a bill that would have increased investment in rural areas using TIF grants. Sen. Lucio abandoned efforts to promote SB 1700 and instead supported SB 1783 (see below). SB 1700 died in committee.
SB 1783 (Sibley, R-Waco), a bill that sought to increase deployment of advanced telecommunication services to rural areas using TIF grants in part, passed the Senate and was later rewritten in the House amendment process. See HB 1736 below.
HB 1736 (Wolens, D-Dallas), a bill that sought to increase deployment of advanced telecommunication services to unserved areas using TIF grants in part, was considered in the House as substitute language for SB 1783. The Senate rejected the House amendments and asked for a conference committee to reconcile the differences in both versions. SB 1783 (in essence both HB 1736 and the Senate version) died in conference committee.
(Note: On the House floor, Rep. Zbranek added an amendment to SB 1783 dealing with Internet filtering of home dial-up service provided by ESCs. The amendment died with the bill. See School Legislation HB 1330 below for additional information.)
HB 1330 (Zbranek, D-Winnie) concerned restrictions on home Internet use made available through Educational Service Centers. The bill received a hearing during which time members of the library community testified. The bill was left pending in committee, although the author stated his intention to move the bill forward. The Texas Library Association worked with Rep. Zbranek’s office on compromise language that eliminated filtering language and time restrictions on Internet use. The revised bill was then submitted to the House Public Education Committee, which then reattached filtering language. The revised bill clarified that the actions were applicable only to home Internet service offered by Educational Service Centers. (At this time, only Region IV provides such service.) The bill does not relate to any school district or campus activities. The bill was passed by the House but was left pending in the Senate Education Committee. After the bill died in the Senate committee, Rep. Zbranek added the bill as an amendment to SB 1783 (see above), which died in conference committee.
HB 51, which would offer tuition exemptions to the children of Texas teachers and school librarians, died in committee due largely to the tight budget situation.
HB 1270, which would offer the children of school teachers with ten years’ experience tuition exemptions at Texas state universities, died in committee due largely to the tight budget situation.
HB 3591 (Hunter, R-Abilene) was approved by both the House and Senate. The bill, which allows certain non-profit libraries providing clinical medical information to participate in TexShare and be eligible for TIF grants, has been sent to the governor for his signature.
HB 1295 (Garcia, D-Dallas), which would require persons in the business of selling personal computers to include software to filter Internet access, died in committee.
HB 11 (Gallego, D-Alpine) and its Senate companion SB 1527 (Shapiro, R-Plano) were both left pending in committee. Essentially, these bills change the size of state commissions to coincide with recent change to the Texas Constitution. Among these changes, the number of Texas State Library and Archives commissioners would be altered. The House author agreed to a library community request to increase to seven (rather than decrease to five) the number of TSLAC commissioners. There are currently six members of the commission. The bill died in committee.
Thanks to the many TLA members who took time out during the session to communicate with their legislators on these issues.
TLA formally thanks each legislator who sponsored legislation for libraries or actively supported library legislation and funding. In addition to those named above, we thank all the members of the Appropriations and Finance Committee, including Rep. Helen Giddings (D-Dallas) and Rep. Jim McReynolds (D-San Augustine). In particular, we also thank all of the members of the Appropriations Conference Committee: Sen. Ellis (D-Houston), Rep. Junell (D-San Angelo), Talmadge Heflin (R-Houston) Steve Ogden (R-Bryan), Chris Harris (R-Arlington), Judith Zaffirini (D-Laredo), Robert Duncan (R-Lubbock), Buddy West (R-Odessa), Garnet Coleman (D-Houston), and Pete Gallego (D-Alpine).
Messages of thanks from TLA members to any of the legislators who supported libraries would be very much appreciated by those legislators.
A full discussion of TLA's legislative platform is available on the Government Affairs site.
TLA-Texline is an irregular public
during thation of the Texas Library Association mailed directly to members interested in legislative and governmental issues affecting libraries. To subscribe--or to offer comments or suggestions-- contact Gloria Meraz, Director of Communications, Texas Library Association. Previous issues of Texline are archived on the TLA website.