(a) The following persons are eligible for the program:
  (1) persons whose visual acuity, as determined by competent authority, is 20/200 or less in the better eye with correcting glasses, or whose widest diameter of visual field is no greater than 20 degrees;
  (2) persons whose visual disability, with correction and regardless of optical measurement, is certified by competent authority as preventing reading of standard printed material;
  (3) persons certified by competent authority as unable to read or unable to use standard printed materials as a result of physical limitations;
  (4) persons certified by competent authority as having a reading disability resulting from organic dysfunction and of sufficient severity to prevent their reading printed material in a normal manner; and
  (5) persons certified by competent authority as having an allergy or other chemically-based reaction of sufficient severity as to prevent their handling of printed materials in a normal manner.
(b) The following persons are not eligible for service:
  (1) persons who are illiterate without having an eligible disability; and
  (2) persons who cannot read because of an intellectual disability or an intellectual development disorder.
(c) All borrowers will remain eligible for service, provided they:
  (1) continue to meet the requirements for eligibility in the program;
  (2) are active borrowers; and
  (3) maintain their accounts in good standing, meaning:
    (A) borrower does not have excessive overdue, lost, or damaged materials and/or machines;
    (B) borrower has not had account suspended for failure to follow procedures and policies as part of the membership agreement or for failure to cooperate with the agency; and
    (C) borrower has not had service suspended for misuse of the service, as specified in §9.11 of this title (relating to Misuse of Service).

Source Note: The provisions of this §9.3 adopted to be effective November 16, 2008, 33 TexReg 9079; amended to be effective March 20, 2019, 44 TexReg 1437; amended to be effective August 29, 2023, 48 TexReg 4640