(a) Eligibility of individual institutions or libraries.
  (1) Membership in the consortium is open to all institutions of higher education and libraries of clinical medicine that are physically located in Texas or, if physically located outside of Texas, capable of providing online library services exclusively to Texas residents, and to all public libraries that are members of the state library system.
  (2) Affiliate membership is open to public school districts and to other eligible nonprofit libraries submitting an application for affiliate membership to the Director and Librarian.
(b) Agreement.
  (1) Public libraries will be members of TexShare upon becoming members of the state library system.
  (2) Institutions of higher education and libraries of clinical medicine must file membership agreements, signed by a duly authorized administrative official, on joining the consortium.
  (3) Eligible nonprofit libraries whose applications for affiliate membership have been approved must file an affiliate membership agreement, signed by a duly authorized administrative official, specifying in which programs of the consortium they may participate and any limitations to participation that will apply.
  (4) Public school districts and open enrollment charter schools accredited by the Texas Education Agency will be affiliate members of TexShare.
  (5) Membership agreements must be approved by the Director and Librarian following review by the TexShare Advisory Board before an institution may identify itself as a member or affiliate member of TexShare.
  (6) Participation in specific programs of the consortium may require additional agreements.
(c) Renewal of membership.
  (1) Institutions of higher education, public libraries, libraries of clinical medicine, and eligible nonprofit libraries will have their memberships or affiliate memberships automatically renewed for each state fiscal year, provided that they continue to meet the definition required in subsection (a) of this section.
  (2) Members may choose to submit updated membership agreements annually or as required by their respective administrations.
(d) Multiple Libraries.
  (1) 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 Education Code §61.063.
  (2) Public libraries with branches shall be admitted as a single unit.
  (3) 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.
  (4) For eligible nonprofit libraries, the unit of membership or affiliate membership shall be determined during the application process.
(e) Suspension and loss of membership.
  (1) TexShare Annual Report Survey. Members and affiliate members shall be asked to file a current and complete TexShare annual report survey with the commission by December 15 of each year. Following review by the TexShare Advisory Board, the Director and Librarian may suspend or revoke any institution's membership following two or more failures to submit TexShare annual report surveys. Institutions may re-join TexShare at any time provided that they continue to meet the definition in subsection (a) of this section and upon submission of a written membership or affiliate membership agreement as described in subsection (b) of this section.
  (2) Institutions of higher education, libraries of clinical medicine, nonprofit libraries, and public libraries that no longer meet the definition in subsection (a) of this section, or are otherwise not qualified, will have their TexShare membership or affiliate membership revoked. Institutions may re-join TexShare at any time provided that they meet the definition in subsection (a) of this section and upon submission of a written membership or affiliate membership agreement as described in subsection (b) of this section.
  (3) Upon written request of the member institution, their TexShare membership may be suspended or revoked. Institutions may re-join TexShare at any time provided that they continue to meet the definition in subsection (a) of this section and upon submission of a written membership or affiliate membership agreement as described in subsection (b) of this section.
(f) Members, affiliate members, and public school districts 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, the Independent Colleges and Universities of Texas, the Texas Education Agency, the Texas Public Library Annual Report, or from statistical information received directly from the member, affiliate member, or public school library and certified by the member, affiliate member, or public school library as accurate.
(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, affiliate members, and public school libraries.
(h) Complaints regarding fee assessments, denial of membership, or denial of affiliate membership will be processed in accordance with procedures outlined in §2.55 of this title (relating to Protest Procedure).

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; amended to be effective April 8, 2010, 35 TexReg 2742; amended to be effective March 9, 2011, 36 TexReg 1492; amended to be effective November 28, 2018, 43 TexReg 7669; amended to be effective December 6, 2021, 46 TexReg 8239